Journal of the Senate of the State of Georgia at the regular session of the General Assembly commenced at Atlanta, Monday, January 19, 1939

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
SPECIAL TEN-DAYS SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 9, 1939
..... BOWEN PRESS
DECATUR, GA.

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1 1 1 1 1
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OFFICERS
OF THE
STATE SENATE
TERM
1939-1940
JOHN B. SPIVEY, Sixteenth District__________________ President
E:\IANCEL CouNTY
H. DIXON SMITH, 24th District__ ____ President Pro Tern l\1 uscoGEE Cou:--rTY
JOHN W. HA~MOND____________________________________Secretary
BIBB COUNTY
Assistants: HENRY \V. NEVIN ----------------------------------------------Dalton HUGH SKELTON______________________________________________ Hartwell PAT. HARRALSON__________________________________________ Blairsville WILEY GALLOWAY ______________________________________ Messenger
HARRIS COUNTY
A. PERRY GRIFFIN ____________________________________ Door Keeper
DEKALB COUNTY

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Senate Journal

(TEN-DAYS SESSION)

Senate Chamber, Atlanta, Georgia,
Monday, January 9th, 1939.
The Senators-elect for the term 1939-1940 met in the Senate Chamber at 10 o'clock, A. M., this day and the body was called to order by John W. Hammond of Bibb county, Secretary of the Senate.
The invocation was offered by the Reverend John D. Durden, of Swainsboro, Georgia.
The following communication from the Honorable John B. Wilson, Secretary of State, certifying the senators-elect in the general election of November 8th, 1938, was received and read:
State of Georgia
Department of State
John B. Wilson, Secretary of State
Atlanta

Hon. John W. Hammond, Secretary of the State Senate, State Capitol, Atlanta, Georgia.

January 9, 1939.

Dear Sir:

I am transmtttmg herewith the names of the senators elected in the general election held K ovember 8, 1938, to represent the various senatorial districts in the State of Georgia as the same appear from the consolidated returns of said election which are of file in this office.
I am also transmitting herewith the consolidation of votes in a special election held in the twenty-third senatorial district to fill a vacancy caused by the death of Hon. Dudley Taunton.

Yery truly yours,

John B. Wilson Secretary of State.

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JOURNAL OF THE SENATE,

State of Georgia

Office of Secretary of State

I, John B. Wilson, Secretary of State of the State of Georgia, do hereby certify, that one page of typewritten matter hereto attached contains a true and correct list of the Members of the Senate of the General Assembly of the State of Georgia elected in the general election held the eighth day of November, 1938, as the same appear from the consolidated returns of said election, which returns are of file in this office, the number of the Senatorial District being given opposite the name of the senator elected from said district,

In testimony whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of January, in the year of our Lord one thousand nine hundred and thirty-nine and of the independence of the United States of America the one hundred and sixty-third.

(Seal)

John B. Wilson, Secretary of State.

1. D. B. Warnell

STATE SENATE 1939-1940 17. Dr. John C. Cail

2. D. I. Dawson

18. W. W. Abbot, Jr.

3. J. T. Holt

19. Hawes Cloud

4. S. Hadley Brown

20. Marvin E. Moate

5. H. F. Sears

21. C. C. Williams

6. J as. T. Padgett

22. M. L. Dunn, Jr.

7. Wallace E. Harrell

23. Dudley Taunton

8. J. E. Brooks

24. H. Dixon Smith

9. J. 0. Bridges

25. W. M. New

10. Adie N. Durden

26. Chas. L. Redman

11. J. L. Hass

27. Roy Thrasher

12. W. M. Smith

28. J. T. Thomason

13. C. C. Williamson

29. J as. H. Boykin

14. Dr. V. C. Daves

30. T. F. Kelley

15. R. F. Jordan

31. T. D. Williams

16. John B. Spivey

32. Arthur J. Nix

MONDAY, JANUARY 9, 1939

7

33. J. E. Palmour, Jr. 34. Paul L. Lindsay 35. J. Walter Estes 36. Walter D. Sanders 37. M. E. Groover 38. D. B. Howe 39. Jas. T. Manning 40. J. W. Twiggs 41. Thos. A. Chastain 42. Moses E. Brinson

43. J. Roy McGinty 44. John L. Mavity 45. E. J. Dorminy
46. Homer L. Causey
47. Mrs. Susie T. Moore 48. James H. McCranie 49. Harvey D. Brannen
50. Ben W. Fortson, Jr. 51. R. A. Ingram
52. G. Everett Millican

State of Georgia
Department of State
John B. Wilson, Secretary of State
Atlanta
Hon. John W. Hammond, Secretary,
State Senate.
Dear Sir:
hereby certify that a special election was held in the Twenty-third State Senatorial District of this State the twenty-eighth day of December, 1938, for the purpose of electing a senator to represent said district which is composed of Taylor, Crawford, Peach and Houston counties, and that the consolidated returns of said special election, which are of file in this office, show the following result:
For senator from Twenty-third State Senatorial District: Taylor County, J. T. Cochran received_________________________________________ _ 354 votes Crawford County, J. T. Cochran received _____________________________________ _ 81 votes Houston County, J. T. Cochran received_________________________________________ _ 63 votes Peach County, J. T. Cochran received _________________________________________ _ 65 votes

J. T. Cochran received________________________________________________________ 563 votes

Given under my hand and official seal this 9th day of January, 1939.

John B. Wilson,

(Seal)

Secretary of State.

The senators-elect presented themselves at the Secretary's desk as their dis-

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JOURNAL OF THE SENATE,

tricts and names were called, where Mr. Justice Duckworth of the Supreme Court of Georgia, administered to them the oath of office.
The Secretary announced that the next order of business was the election of a President of the Senate. Senator Durden of the lOth district nominated Honorable John B. Spivey of the 16th district. The nomination was seconded by Senator Harrell of the 7th district and Senator Abbot of the 18th district. Senator Millican of the 52nd district moved that the nominations be closed and the motion prevailed. Senator Thrasher of the 27th district asked unanimous consent that the Secretary be instructed to cast the unanimous vote of the Senate for Senator Spivey. The consent was granted and the Secretary declared Senator Spivey elected by unanimous vote of the Senate.

The chair appointed as a committee to find and escort the President-elect to his desk the following:

Senators Durden of the lOth district,

Cail of the 17th,

Abbot of the 18th,

Harrell of the 7th, and

Brannen of the 49th districts.

Upon being introduced to the body by the Secretary, the President addressed the Senate in appreciation of the distinguished honor conferred upon him.

The next order of business being the election of a Secretary of the Senate, Senator Millican of the 52nd district nominated Honorable John W. Hammond. Senator James T. Manning of the 39th district nominated Honorable H. H. Wind of Grady county and Senator Hadley Brown of the 4th District placed in nomination the name of Honorable W. M. Rawlins of the county of Ben Hill.

Before balloting the President stated that the three candidates for Secretary of the Senate had agreed that the candidate receiving the lowest vote on the first ballot would not be considered in further balloting in the event neither candidate received a sufficient number of votes for election on the first ballot.

The roll was called.

Those voting for Mr. Hammond were Senators:

Abbot Boykin Brannen Chastain Cochran Cloud Dunn

Hass Kelley Mavity
McGinty Millican Moate New

Nix Palmour Redman Sanders Thomason Thrasher Warnell

MONDAY, JANUARY 9, 1939

9

Those voting for Mr. Wind were Senators:

Brinson Brooks Cail Durden Estes

Fortson Harrell Howe Ingram Lindsay

Manning Moore Sears Williams, 31st Williamson

Those voting for Mr. Rawlins were Senators:

Bridges Brown Causey Daves Dorminy

Groover Holt Smith, 12th
Jordan McCranie

Smith, 24th Twiggs Williams, 21st

Mr. Hammond received 21 votes, Mr. Wind received 15 votes and Mr. Rawlins received 13 votes.

Under the above stated agreement, the Presidnt announced that Mr. Rawlins' name would be eliminated from the balloting and ordered the roll called on the remaining two candidates.

The second roll was called.

Those voting for Mr. Hammond were Senators:

Abbot Boykin Brannen Bridges Brinson Chastain Cochran Cloud Dawson Dorminy

Dunn Fortson Groover Hass Jordan Kelley Mavity McGinty Millican Moate

New Nix Palmour Redman Sanders Smith, 24th Thomason Thrasher Warnell Williams, 31st

Those votiag for Mr. Wind were Senators:

Brooks Brown Cail Causey Daves Durden Estes

Harrell Holt Howe Ingram Lindsay Manning McCranie

Moore Sears Smith, 12th Twiggs Williams, 21st Williamson

Mr. Hammond received 30 votes and Mr. Wind received 20 votes.

The President declared Mr. Hammond duly elected Secretary of the Senate and appointed the following as a committee to find and escort Mr. Hammond to the Secretary's desk:

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JOURNAL OF THE SENATE,

Senators Hass of the 11th, McGinty of the 43rd and Millican of the 52nd districts.
The President presented the Secretary, John W. Hammond, to the Senate and he expressed grateful appreciation for the honor bestowed upon him.
The next order of business being the election of a President Pro-Tempore of the Senate, Senator Sanders of the 36th District nominated Senator Dixon Smith of the 24th district, and Senator Daves of the 14th district seconded the nomination. Senator Thrasher of the 27th district moved that the nominations be closed and the motion prevailed.
Senator Thrasher of the 27th district asked unanunous consent that the Secretary be instructed to cast the unanimous vote of the Senate for Senator Smith of the 24th district and the consent was granted.
The President declared that Senator Smith of the 24th district was duly elected President Pro-Tempore of the Senate and appointed as a committee to find and escort Senator Smith to the President's stand the following Senators:
Senators Sanders of the 36th district, Daves of the 14th district, and Palmour of the 33rd district.
The President presented the President Pro-Tempore to the members of the Senate and he responded with expressions of grateful appreciation.
The following resolutions of the Senate were read and adopted:
By Senator Durden of the lOth district-
Senate Resolution No. I. A resolution instructing the Secretary of the Senate to notify the House of Representatives that the Senate has convened, organized by the election of Honorable John B. Spivey of the 16th district as President, Honorable John W. Hammond of Bibb county as Secretary and Honorable H. Dixon Smith of the 24th district, as President Pro-Tempore, and is ready for the transaction of business.
By Senator Durden of the lOth district-
Senate Resolution l\ o. 2. A resolution providing for the appointment of a joint committee of five, two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to notify His Excellency, the Governor, that the General Assembly has convened, organized and is ready for the transaction of business.
The President appointed as a committee on the part of the Senate under provisions of above resolution the following members of the Senate, to-wit:
Senator Groover of the 37th and Redman of the 26th districts.
The President announced that the next order of business was the election of a doorkeeper of the Senate. Senator Cloud of the 19th district nominated !VIr. Perry Griffin of DeKalb county. Senator Howe of the 38th District seconded the nomi-

MONDAY, JANUARY 9, 1939

11

nation of Mr. Griffin and moved that the nominations be closed. The motion prevailed and Senator Millican of the 52nd district asked unanimous consent that the Secretary be instructed to cast the unanimous vote of the Senate for Mr. Griffin. The consent was granted.
The President declared Mr. Griffin duly elected as doorkeeper of the Senate, presented him to the members and Mr. Griffin responded with words of thanks.

The next order of business being the election of a messenger of the Senate, Senator Millican of the 52nd district nominated Mr. Homer Bloodworth of Pike county. Senator Moore of the 47th district nominated Mr. Wiley Galloway of Harris county.

The nominations were closed.

The roll was called.

Those voting for Mr. Bloodworth were Senators:

Boy kin Cloud Dunn

Lindsay Millican Sanders

Those voting for Mr. Galloway were Senators:

Thrasher Williams, 21st Williams, 31st

Abbot Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Daves Dawson Dorminy Durden

Estes Fortson Groover Harrell Hass Holt Howe Ingram Jordan Kelley Manning Mavity McCranie McGinty

Moate Moore New Nix Padgett Palmour Redman Sears Smith, 12th Smith, 24th Thomason Twiggs Warnell Williamson

By unanimous consent the verification of the roll call was dispensed with.

Mr. Bloodworth received 9 votes and Mr. Galloway received 42 votes.

The President declared Mr. Galloway duly elected messenger of the Senate and presented him to the Senators. Mr. Galloway thanked the Senators for electing him to this position.

Senator Brown of the 4th district moved that the following Senators be permitted to select their seats before regular drawing for same be held:

Senators Moore of the 47th, Lindsay of the 34th and Millican of the 52nd district.

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JOURNAL OF THE SENATE,

The motion prevailed.
By unanimous consent the following Senators were permitted to select their seats:
Senators Thrasher of the 27th, Fortson of the 50th, McGinty of the 43rd, Boykin of the 29th, Cloud of the 19th, Smith of the 24th, Redman of the 26th, Dorminy of the 45th, Durden of the lOth, Harrell of the 7th, and Palmour of the 33 rd districts.
The President's daughter, Miss Katherine Spivey, drew the names from the box and the Senators selected their seats as their names were called.
Senator Lindsay of the 34th district asked unanimous consent that the members of the last Senate and the families of the members of the present Senate be granted the privileges of the floor during this session and the consent was granted.
Senator Millican of the 52nd district extended an invitation to the members of the Senate to attend a dinner at the Henry Grady Hotel, Tuesday evening, January lOth, as guests of the Fulton delegation in the General Assembly. The invitation was accepted.
The following message was received from the House through Mr. Greer, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Gross of Stephens-
House Resolution No. 1. A resolution directing the Clerk to notify the Senate that the House has convened and has organized by the election of Honorable Roy J. Harris, of Richmond, as Speaker, and the Honorable John W. Greer, Jr., of Lanier, as Clerk.
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
Senate Resolution No. 2:
By Senator Durden of the lOth district-
A resolution providing for a joint committee of the House and Senate to notify the Governor that the General Assembly has convened, organized and is ready for the transaction of business.
The Speaker has appointed on the part of the House the following members of the House, to-wit:
Mr. Atkinson of Chatham.
l\1 r. Lanham of Floyd, and
Mr. Edwards of Lowndes.

MONDAY, ]Ar\UARY 9, 1939

13

The President presented to the Senate the Reverend John D. Durden and announced that he would serve as Chaplain of the Senate during the present session.
The following resolutions of the Senate were read and adopted:
By Senator Durden of the lOth 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 10:30 o'clock A. M., Tuesday, January lOth, 1939 for the purpose of canvassing and publishing the election returns for Governor and other constitutional officers, as provided by law.
By Senator Durden of the lOth district-
Senate Resolution No. 4. A resolution providing for the appointment of a JOint committee of five, two from the Senate and three from the House, to be appointed by the President and the Speaker, respectively, to arrange for the inauguration ceremonies of the Governor at 12 o'clock, noon, Wednesday, January 11th, 1939.
The President appointed as a committee on the part of the Senate under provisions of above resolution the following members of the Senate, to-wit:
Senators Causey of the 46th, and Millican of the 52nd districts.
Senator Lindsay of the 34th district asked unanimous consent that the Senate convene each morning at the hour of 10 o'clock, and the consent was granted.
Senator Millican of the 52nd district asked unanimous consent that he be permitted to introduce a bill at this time.
There was objection.
Senator Lindsay of the 34th district moved that the standing rules of the Senate for sessions of 1937-1938 be adopted as the rules for the sessions of 1939-1940. The motion prevailed.
Senator Lindsay of the 34th district offered the following amendment to the rules and the amendment was adopted:
To amend Senate rules as adopted by striking in Section 43-A the word "extra" on the first line and inserting the word "all" in lieu.
The following message was received from the I:Iouse through Mr. Greer, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the Senate, to-wit:
By Senator Durden of the lOth district-
Senate Resolution No. 3. A resolution providing that the General Assembly meet in joint session in the hall of the House of Representatives on the lOth of January, 1939, at 10:30 o'clock A. M. for the purpose of canvassing and publishing

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JOURNAL OF THE SENATE,

the election returns for Governor and other constitutional officers, as provided by law.
By Senator Durden of the lOth district-
Senate Resolution No. 4. A resolution providing that a joint committee from the Senate and the House be appointed by the President of the Senate and Speaker of the House to arrange for inauguration ceremonies of the Governor.
The Speaker appointed the following committee on the part of the House:
Messrs. Kendrick of Fulton,
Fowler of Douglas, and
Saunders of Harris.
Senator Durden of the lOth district moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

TUESDAY, JANUARY 10, 1939

15

Senate Chamber, Atlanta, Georgia,
Tuesday, January lOth, 1939.
The Senate met pursuant to adjournment at 10 A. l\1. this day, and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Lindsay of the 34th district asked unanimous consent that the reading and approval of the Journal be carried over as unfinished business for tomorrow's session. The consent was granted.
Senator Lindsay of the 34th district asked unanimous consent that Senators desiring to introduce bills and resolutions be permitted to present same to the Secretary and the consent was granted.
The President named Senator Kelley of the 30th district as chairman of the Committee on Temperance.
The following bills and resolutions of the Senate were read and referred to the committees:
By Senator Lindsay of the 34th district-
Senate Bill No. 1. A bill creating the State Hospital Authority; conferring powers and imposing duties on the authority; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Lindsay of the 34th district-
Senate Bill l\ o. 2. A bill repealing an Act of 1935 defining the status of the Regents of the University System of Georgia, and property held by said board; and for other purposes.
Referred to Committee on University of Georgia.
By Senator Millican of the 52nd district-
Senate Bill No. 3. A bill repealing an Act which created the State Athletic Commission and regulated boxing, wrestling; and for other purposes.
Referred to Committee on State of Republic.
By Senator Millican of the 52nd district-
Senate Bill No. 4. A bill regulating the sale of barbituric acid preparations; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Palmour of the 33rd district-

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JOURNAL OF THE SENATE,

Senate Bill No. 5. A bill to repeal Section 95-2111 of the Code and to amend Section 95-2112 m regard to the bonded indebtedness of counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator McCranie of the 48th district--
Senate Bill No. 6. A bill making it mandatory for a recount and contest for all state house offices in the primaries; and for other purposes.
Referred to Committee on Privileges and Elections.
By Senators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 7. A bill amending the Code with reference to the total compensation under the Workmen's Compensation Act; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator McCranie of the 48th districtSenate Bill No. 8. A bill amending an Act of 1939 by allowing county com-
missioners of Dodge county to employ a regular clerk; and for other purposes.
Referr.ed to Committee on Counties and County Matters.
By Senator McCranie of the 48th districtSenate Resolution No. 5. A resolution proposing a constitutional amendment
to abolish poll taxes; and for other purposes.
Referred to Committee on Constitutional Amendments.
The following resolution of the Senate was introduced and read:
By Senators Harrell of the 7th, Durden of the lOth, Palmour of the 33rd and Smith of the 24th districts-
Senate Resolution No. 6. A resolution designating the number of attaches of the Senate; and for other purposes.
Senator Lindsay of the 34th district moved that the consideration of Senate Resolution No. 6 be deferred and that the Secretary be instructed to have same printed and furnif.h each Senator with a printed copy. The motion prevailed.
The hour of convening the joint session of the Senate and House having arrived the President of the Senate, accompanied by the Secretary and Senators, proceeded to the hall of the House of Representatives and the joint session, called for the purpose of counting and consolidating the vote of the general election of November 8, 1938, and declaring the results thereof for Governor and other State House officers, was called to order by the President.
The joint resolution authorizing the session of the Senate and House was read by the Secretary of the Senate.

TUESDAY, JANUARY 10, 1939

17

Mr. Gross of Stephens moved that the President appoint a committee of five tellers to canvass the returns from the last general election and to report back to -i:he joint session. The motion prevailed and the President appointed the following:

Messrs. Culpepper of Fayette, Ennis of Baldwin, Gross of Washington.

Senators Warnell of the 1st district and Jordan of the 15th district.

The tellers submitted the following report:

State of Georgia

Joint Session

House of Representatives

Atlanta

January 10, 1939.

To the General Assembly of Georgia in Joint Session:

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

For Governor: E. D. Rivers -------------------------------------------------------------------------------For Governor: L. P. Glass ---------------------------------------------------------------------------------For Governor: E. S. Fuller ---------------------------------------------------------------------------------For Governor: Alexander Stephens Mitchell ---------------------------------------------------For Secretary of State: John B. Wilson ---------------------------------------------------------For Secretary of State: C. F. Johnson -------------------------------------------------------------For Attorney General: M. J. Yeomans -----------------------------------------------------------For Attorney General: Thomas G. Lewis -------------------------------------------------------For Treasurer: George B. Hamilton ---------------------------------------------------------------For Comptroller General: W. B. Harrison ---------------------------------------------------For Comptroller General: F. Wade Vaughan ------------------------------------------------

66,863 l ,358 1,914 784
67,683 1,204
67,665 1,200
67,683 67,619
1,220

Respectfully submitted,

On the part of the Senate: Warnell of the 1st district. Jordan of the 15th district.

On the part of the House: J- H. Ennis of Baldwin. Culpepper of Fayette. Gross of Washington.

The report of the Committee was adopted.
Mr. Gross of Stephens moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
The Senators returned to the Senate Chamber and the Senate was called to order by the President.

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JOURNAL OF THE SENATE,

The following communication from the executive department was read:
State of Cieorgia
Executive Department
E. D. Rivers, Ciovernor
Atlanta
January 9, 1939.
To Honorable John B. Spivey, President, And Members of the State Senate of Cieorgia:
The ceremonies incident to the inauguration of Governor Rivers will be conducted Wednesday morning, January 11, beginning at 11:30 o'clock. The order of the day will include the inauguration of the Governor at high noon, open house at the Executive l\!lansion from 4 to 6 o'clock in the afternoon, and the grand inaugural
ball at the city auditorium from 9 o'clock P. :\I., to 1 o'clock A. :VI.
The Ciovernor would be pleased and honored to have every member of your distinguished body, all officials, attaches and members of their families present to participate in and enjoy the ceremonies. Seats will be available for members of the Cieneral Assembly and their families.
Downing :VI usgrove,
Secretary, Executive Department.
M-rbl
Senator Lind~ay of the 34th 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.

WEDNESDAY, JANUARY 11, 1939

19

Senate Chamber, Atlanta, Georgia,
Wednesday, January 11th, 1939.
The Senate met pursuant to adjournment at 10 A. M. this day, and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the calling of the roll was dispensed with.
The President named Senator Brinson of the 42nd district as chairman of the Committee on Journals.
Senator Brinson of the 42nd district, chairman of Committee on Journals, reported that the Journals of the two preceding days had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with and the Journals of the two preceding days were confirmed.
Senator Millican of the 52nd district asked unanimous consent that all Senators having bills and resolutions be permitted to introduce same at this time and the consent was granted.
The following resolution which was read during the previous session was taken up for passage:
By Senators Durden of the lOth district, Harrell of the 7th district, Palmour of the 33rd district and Smith of the 24th district-
Senate Resolution No. 6. A resolution to limit and regulate the number of attaches of the Senate for the sessions of the terms of 1939-1940 in accordance with past custom; and for other purposes.
Senator Lindsay of the 34th district offered an amendment. The amendment was lost.
The resolution was adopted.
The following message was received from the House through Mr. Greer, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution, to-wit:
By Mr. Gross of StephensHouse Resolution No. 10.
Be it resolved by the House, the Senate concurring, that the General Assembly convene in joint session today at 11 :30 A. M. on the Washington street entrance

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JOURNAL OF THE SENATE,

of the State Capitol for the purpose of inaugurating the Governor, and that a committee of five, three on the part of the House and two on the part of the Senate, be appointed to escort the Governor and his escort to the place of inauguration, and that upon the dissolution of the joint session the House and Senate both stand adjourned until tomorrow morning at 10 o'clock.
The Speaker has appointed on the part of the House the following members, to-wit:
Gross of Stephens,
Lanier of Richmond, and
Miller of Lanier.
The following resolution of the House was read and adopted:
By Mr. Gross of Stephens-
House Resolution 1\ o. 10. A resolution providing for a joint sesswn of the General Assembly for the purpose of inaugurating the Governor.
The resolution was adopted.
Leave of absence was granted to the following Senators until lHonday morning, January 16, 1939:
Senator Kelly of the 30th district, Senator Smith of the 12th district, Senator Brown of the 4th district and Senator Sanders of the 36th district.
The following bills and resolution of the Senate were introduced, read the first time and referred to Committees:
By Senator Brinson of the 42nd district-
Senate Bill No. 9. A bill to promote the public welfare by providing for public pensions for aged farmers and to prescribe definitions of terms used therein; and for other purposes.
Referred to Committee on Public Welfare.
By Senator Lindsay of the 34th district-
Senate Bill No. 10. A bill to repeal an Act defining the status of the Regents of the University System of Georgia; and to vest in said Regents the ownership of all property held by each institution constituting the University of Georgia; and for other purposes.
Referred to Committee on University of Georgia.
By Senator Brown of the 4th district-
Senate Bill No. 11. A bill granting to the United States Government easements, rights-of-way and spoil disposal areas on certain strips of marsh land in

WEDNESDAY, JANUARY 11, 1939

21

Camden county for the purpose of extending the intracoastal waterway; and for other purposes.
Referred to Committee on Public Property.
By Senator Williams of the 31st district-
Senate Resolution No. 7. A resolution directing the State Librarian to furnish certain law books to Habersham county; and for other purposes.
Referred to Committee on Public Library.
The following privilege resolution was read and adopted:
By Senator Cloud of the 19th district-
A resolution expressing to Senator Millican of the 52nd district, and members of the Fulton delegation in the House, the appreciation of the Senate for the reception and dinner extended to the members of the General Assembly at the Henry Grady Hotel.
The President appointed Senators Brannen of the 49th district and Moate of the 20th district on the part of the Senate to act with Messrs. Gross of Stephens, Lanier of Richmond and Miller of Lanier, on the part of the House, as the Committee to escort the Governor to the inaugural stand.
The inaugural exercises were carried out in pursuance with the following official program compiled by the committee on arrangements:
At the State Capitol
Inaugural Ceremonies
Honorable John B. Spivey
President of the Senate,
Presiding
11 :30 A. M.-The President of the Senate called to order joint session of the House and Senate to inaugurate Chief Executive.
12:00 M.-Governor and Mrs. E. D. Rivers, accompanied by their family and committee from House and Senate, joined in the rotunda at the Capitol by Justices of the Supreme Court of Georgia, Justices of the Court of Appeals, and other constitutional officers, the entire party proceeding to the inaugural platform.
12:10 P. M.-lnvocation by Rev. Joseph M. Branch, Chaplain of the House of Representatives.
Administration of oath of office to Governor E. D. Rivers by Honorable Henry Duckworth, Associate Justice of the Supreme Court of Georgia.
Music, "Star Spangled Banner," played by Savannah High School Band.

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JOURNAL OF THE SENATE,

Delivery of the great seal of Georgia to Governor E. D. Rivers by the Secretary of State, Honorable John B. Wilson.
Music, "Hail to the Chief," played by the Georgia Girls' Military Band.
Inaugural address by Governor E. D. Rivers.
12:50 P. M.-Governor E. D. Rivers administered oath at office to Attorney General M. J. Yeomans, Secretary of State John B. Wilson, Comptroller General William B. Harrison, State Treasurer George B. Hamilton, and State Superintendent of Schools M. D. Collins.
12:55 P.M.-Benediction by Rev. Jack Durden, Chaplain of the Senate.
Inaugural Parade
Col. T. L. Alexander, Marshal
Capt. F. E. Hankinson, Adjutant
1 :00 P. M.-Governor Rivers and members of his family, accompanied by the Justices of the Supreme Court, Justices of the Court of Appeals, other constitutional officers and officials and guests, proceeded to, and assumed their places on the reviewing stand at Five Points.
1 :15 to 2:30 P. :\I.-Review of ina~gural parade by Governor E. D. Rivers.
Open House at lHansion
Governor and J\ilrs. E. D. Rivers, Host and Hostess
4:00 to 6:00 P. M.-The receiving line at the mansion composed of Governor and Mrs. E. D. Rivers, President of Senate and Mrs. John D. Spivey, Speaker of the House and Mrs. Roy Harris, and Chief Justice Charles S. Reid.
Inaugural Ball
9:00 to I :00 A. M.-Held at the City Auditorium, Atlanta, Gt>orgia. The receiving line composed of Governor and Mrs. E. D. Rivers, Colonel and Mrs. Fred Scott, Commander and Mrs. A. A. Smith, Chief Justice Charles S. Reid, President of the Senate and Mrs. John B. Spivey, Speaker of the House and Mrs. Roy Harris, Chairman of the State Democratic Executive Committee and Mrs. James L. Gillis, Attorney General and Mrs. M. J. Yeomans, Secretary of State and Mrs. John B. Wilson, State Treasurer and Mrs. George B. Hamilton, Comptroller General and Mrs. William B. Harrison, State Superintendent of Schools and Mrs. M. D. Collins. The Grand March, led by Governor and Mrs. Rivers, participated in by the Governor's personal staff, members of the Gate City Guard and Old Guard, and others in uniform.

WEDNESDAY, JANUARY II, 1939

23

Inaugural Address of
Governor E. D. Rivers
January II, 1939
Mr. President, Mr. Speaker, Ladies and Gentlemen of the Assembly, and Friends:
Two years ago when I was inaugurated Governor of Georgia for my first term, I outlined a program of progress for the accomplishment of which the people of the State had elected me Governor and had elected the General Assembly of 1937-1938.
The vast majority of the patnotiC men and women who composed the last Assembly worked with me, and I worked with them, to carry out the will of the people. Certain parts of the program could not be accomplished without amending our state constitution. The Assembly submitted proposals for these amendments to the people and provided a special general election for them to be voted upon; and in that election the people overwhelmingly ratified each of these amendments. This cleared the way for the General Assembly of 1937-1938 to complete, at its special session, those parts of the program that could not be completed at the regular session.
The last Assembly, with the aid of the people in voting the constitutional amendments, passed at its regular session and special session practically every statute essential to carrying out the mandate of the people for the state program. There are some amendments here and there of an administrative nature that our experience in the administration of these statutes seem to make desirable. These administrative amendments will be submitted to the Assembly from time to time in my messages during the presl!nt session.
The Assembly of 1937-1938 made substantial progress toward a revisiOn of the tax system of the state in order to make a more equitable distribution of the tax burden and to adequately finance the program. However, what was done in this behalf had to be based on a forecast of the problematical amount of revenue to be raised and the problematical operation of the program and the revenue measures to finance it. All of us did the best we could to get the program started and to lay the foundation of the revision of the tax system to finance it, with the full realization that it would take actual experience of operation of both the program and the financing measures to determine exactly what else was needed to complete the task. We frankly recognized that it would devolve upon this Assembly of 1939-1940 to complete the program on the basis of actual experience of its operation.
So well did the Assembly of 1937-1938 do its job until we feel there are very few essential administrative amendments necessary to be enacted at this session insofar as the statutory setup of the various phases of the program is concerned. The principle task facing the Assembly and the state administration for my second term is completing the financing of the program. The details of completing the financing of the program will be covered from time to time in my messages to the Assembly.

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The 1937-1938 Assembly fixed a state budget and passed an appropnatwn bill as nearly adequate to provide for the program as It could reasonably forecast. That appropriation bill, the present state budget, is reasonably adequate for the program endorsed by the people with the exception of the appropriation for social security, including old age pensions, aid for the blind, aid for the dependent and crippled children.
The two years of my first term as Governor of this great state have convinced me more thoroughly than ever before that the program that the people have ordered is right in very rrspect. l\ily two years of service as your Governor has caused me to approach my second term with humbleness and determination-humble to the wishes of the people; humble in the opportunity given me to serve; and determined to complete the program the people deserve, need, want and have given us a mandate to complete.
This is hardly the occasion to go into explicit details of figures and objectives. I think it is the occasion, however, to go into the general objectives of the state administration and the general fiscal situation with respect to these objectives. I have followed the policy, as Governor, of taking officials, the press and the people into full confidence in all things pertaining to the administartion of the State Government. I intend to continue to follow this policy during my present term. As an illustration, a copy of the audit of every department is furnished the newspapers generally in the state immediately upon its completion.
The finances of the state are properly and fundamentally divided into two funds: The allocated fund and the general fund. The allocated fund is composed of those items where the Assembly has levied a tax, license or fee for specific purposes and allocated the money received from such taxes, fees or licenses to a specific governmental service in each instance. This fund is self-adjusting in that the departments of government operating on such allocated funds receive whatever money the particular tax, license or fees brings into the treasury. It may be larger or smaller from time to time without affecting to any extent the budgetary position of the state.
These allocated items total approximately $27,000,000. I am giVIng in this address approximate figures for the sake of easy understanding; of course, in my messages to the Assembly I will detail these matters in utmost accuracy. But for the sake of easy recollection, the allocated fund of the state amounts roughly to $27,000,000. The other fund is called the general fund, and the general fund under the appropriation bill passed by the last Assembly, and which is our present state budget, totals approximately $21,000,000. If we will keep in mind these two funds, one the allocated fUiid of $27,000,000 and the other the general fund of $21,000,000, it is easy to get a correct and fundamental picture of the program and the finances of the state.
The major items in the $27,000,000 allocated funds are the 6c gasoline tax and the automobile license tag fees. Each cent of gasoline tax brings in slightly more than $3,000,000. This six cents brings in approximately $18,500,000. The

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automobile license tag fees bring in approximately a million and a half dollars. In other words, of the $27,000,000 allocated funds of the state, approximately $20,000,000 of it comes from gasoline tax and automobile liceme tags. The remainder of the $27,000,000 of allocated funds comes from such items as wine and beer tax, allocated to buy free textbooks; drivers license fees, to support the police patrol; fertilizer tags, to support the Department of Agriculture; the bank examiners fees, to support the Banking Department; utility regulatory fees, to support he Public Service Commission; insurance company levies to support the Industrial Commission; and various professional fees to support the various professional boards. This fund of $27,000,000 is made up of these items levied by the Assembly to support specific governmental services designated by the Assembly.
It is well to point out that the six cents gasoline tax is not allocated entirely to the Highway Department. It is allocated as follows:
One cent a gallon to the equalization fund for the rural schools. This goes directly to the local school a{.thorities in lump sums.
One cent a gallon is allocated to the counties on the basis of their state highway mileage. This goes in a lump sum to the local county authorities.
Approximately one cent a gallon is allocated to repay the county road bonds that were floated prior to 1931 to help build the highway system before other funds were provided, and were assumed by the state. This allocation goes in a lump sum to the local authorities or bond holders.
Three cents of the six cents per gallon gasoline tax going in this manner, leaves three cents a gallon to go to the Highway Department. Of the three cents per gallon that goes to the Highway Department, slightly more than one cent of the three cents the Highway Department gets goes to the counties in the form of state highway construction contracts to assist the counties in maintaining their local convict camps. Slightlv less than two cents remains with the Highway Department for other purposes. It requires slightly more than one cent per gallon gasoline tax for the Highway Department to match federal aid funds each year. Both the federal money and the State money used to match it must be spent on the federal aid part of the state highway system. This leaves slightly less than one cent a gallon gasoline tax and the automobile license tag fees to the Highway Department with which to carry on the maintenance of the state highway system. the paving of state aid roads not in the federal aid system, the carrying on of the rural post roads program, and the general overhead operation of the Highway Department.
Thus it is seen of approximately $20,000,000 allocated gasoline tax and automobile license tag fees the greater portion of it goes directly to the benefit of the local county governments and the local school units. From this breakdown, it is easily seen that any further diversion of highway funds to other purposes would be UnWISe.
Remembedng that the allocated funds of approximately $27,000,000 adjust themselves to specific governmental services fixed by law, we narrow our budgetary

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problem down to approximately $21,000,000 of the present appropnatwn bill that goes into the general fund. This general fund is appropriated by the Assembly for different governmental services. I would like for you to fix in your mind this $21,000,000 of the general fund, under the present state budget passed by the 19371938 Assembly, which constitutes the focal point of the fiscal problem facing us as we start our second term and facing the 1939-1940 Assembly.
Keeping inddibly in mind this $21,000,000, I want to analyze generally for what purposes this $21,000,000 is appropriated by the General Assembly. In other words, I want you and the people to know for what purposes this $21,000,000 in the budget is to be spent and why we think it is necessary to spend this $21,000,000 for certain governmental services.
When this administration came into office two years ago, as pointed out at that time, Georgia stood at, or near, the foot of the ladder in education and health by every known scale and standard by which such standings are determined.
At the same time that we stood low in education and health, we stood low in the average income of our people. In fact, the average income of Georgians was only approximately 50% of the average of the nation and was only approximately 80% of the average of the Southern states. It is axiomatic that the earning power of the people of any state is in direct ratio to the health and educational levels of the people of that state. You can take any two states in the nation and compare the average income of their people, and their comparative incomes will be in direct ratio to the comparative educational and health levels of those ~tates. This axiom applied to Georgia simply meant that Georgia, being low in educational and health levels, was likewise low in income. People cannot work and earn when they are sick. People cannot earn to their maximum when they are untrained.
It was, therefore, obvious to those of us who had studied the income of the people of Georgia that if we expected to raise the earning power of our people and to increase the income of our people that we must do something to improve the health of our people and to improve the educatonal opportunities for our people. Our program, while humanitarian it is true, is based fundamentally on sound econo~ics. It is designed basically to increase the income of the people of our state. It IS for the purpose of increasing their earning capacity.
The problems that confronted us to improve the educational opportunities of our people were four-fold:
1. The lengthening of the terms of school in the rural and suburban districts. At that time, two years ago, hundreds of schools in Georgia were running three to six months in the year, only approximately 25% of our children had the opportunity for a full nine months term of school, thousands of our children had less than a six months term of school. While we realized that we needed a nine months term available for all our children, subject here and there to adjustment to meet local crop conditions, we did not try to go the full step to a nine months term. We did feel that a minimum of seven months should be provided. Therefore, we passed what we know as the "seven months school law". By this law the state pays the

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teachers from tht' state treasury for a period of seven months so that no school in Georgia runs for less than seven months. In addition to this, we give to the rural schools the allocated equalization money. Thus we solved our first problem in the educational field by providing for at least a seven months term of school in every school district in Georgia.
2. The second problem we faced in education was that, due to the short length term and to the lack of finances in the rural and suburban districts, it was difficult to secure well-equipped teachers for these under-privileged schools. The longer terms and greatly higher salaries of the cities and larger centers caused the better-equipped teachers to gravitate constantly away from the communities needing them most and into the schools financially able to pay them most. We sought to solve this problem by fixing a minimum teachers salary schedule, paid by the state, on the basis of qualification and experience of teachers and not on the basis of location of schools. Under this minimum salary schedule, the state pays the same salary to a teacher of the same qualification and experience whether that teacher tt'aches in the populous urban centers or in the remote rural sections. While this minimum salary schedule is not as high as it should be to give adequate attraction to the teachers to remain in the rural schools that need them most, it has had the effect of retaining many of the better-equipped teachers in the schools where they are most needed. This minimum teachers salary schedule, paid by the state, runs from $25 per month to $80 per month. No one can reasonably say that a top teachers salary schedule, paid by the state, of $80 per month is too high. In fact, it is too low and some future state administration should, and will, raise it. For instance, in the smaller State of Tennessee--smaller both in population and in area-the top teachers salary schedule, paid by the state, is $120 per month; whereas, under our program, when financed to completion, it is only $80 per month. When the State of Tennessee pays a top teachers salary schedule of $120 per month, certainly no one can justly say a top salary schedule for our teachers in Georgia by the state at $80 per month is extravagant.
3. The third problem we sought to correct in education was the question of lack of textbooks. Thousands of children were staying out of school because their parents were too poor to buy them books with which to go to school. We, therefore, set up our free school book program, and now every child in Georgia has at least a minimum supply of books with which to go to school. Therefore, now no child in Georgia is out of school for want of textbooks. This free school book law has not only solved this problem, but it has proven economically sound to the people of the state in that, under the system when we came into office, the parents who were able to buy books were buying them at high retail prices; whereas, we are buying them by the state in carload lots at bulk prices. This meant a saving to the people of Georgia last year of approximately one and a half million dollars in their school book purchases, besides giving all the children books.
4. The fourth problem we faced in education was adult illiteracy. The federal census showed that there were more than 214,000 grown people in Georgia who could neither read nor write. The earning power of people who cannot read and

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write is considerably less than those people who can read and write. Back in 1920 the Assembly recognized this problem and passed a statute codified as Sections 32-2501 and 32-2502, of the present Georgia code, authorizing the county commissioners to levy a tax for teaching our grown people how to read and write. Nothing of any consequence came of it because with our short length term schools, with our poorly paid teachers and with lack of books, thousands of children were growing into manhood and womanhood each year who could not read and write, and had the commissioners taught the grown people in any one year how to read and write they would have constantly had to maintain such a service to take care of those growing to manhood and womanhood each year in the same condition. We have now eliminated future illiteracy in Georgia with our minimum seven months term law, our minimum teachers salary schedule and our free school book program, and have narrowed the problem of adult illiteracy down to teaching the present grown people who cannot read and write. Another reason the law of 1920 would not accomplish a great deal was that no census was ever taken to ascertain the names and addresses of the grown people who could not read and write. We have taken such a census, have broken it down into counties and school districts, so that we know by counties and school districts the name and address of every grown person in Georgia who cannot read and write. We have approached the solution of the problem of adult illiteracy in this administration:
I. By the taking of this census.
2. We have secured a statewide WPA teaching project.
Through this project the federal government pays teachers to conduct classes to teach our grown people who cannot read and write how to do so. The only expense to the state in this behalf is the purchase of four small books, totaling less than a dollar to each person taught. Three of these books in each instance we use over and over. One of these books-a Bible Reader-we give to the g10wn person when he or she learns how to read. This has proven a fine incentive.
It is characteristic that one of the first things these grown people who cannot read and write want to learn to read is the Bible. Therefore, this little Bible story reader we give is a very attractive incentive. In this manner we have taught approximately 57,000 grown people how to read and write in the past two years. We are making a concentrated drive in 1939 to teach the remainder of our grown people who cannot read and write how to do so. In 1940 there will be another federal census. At that time our illiteracy standing will again be fixed for general recognition for a period of ten years. We have every confidence with our illiteracy program we will be able to show less than one percent of adult illiteracy in Georgia when the federal government census in 1940 is taken.
Thus you see the problems we faced in education two years ago and the manner in which we have sought to solve them. Naturally to pay the teachers for a minimum of seven months from the state treasury has required an increase of more than $5,000,000 in the state budget. But this teachers pay money goes directly back into the counties and is not spent by the state except in furnishing it in lump sums

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to the local school authorities. Our education program simply expressed, now gives to every boy and girl in Georgia more nearly what our fathers intended, that is, equal educational opportunity. Whether they wear home-spun or crepe-de-chine, and whether they live on paved boulevards or rural post roads, we are fighting that a child shall be given an opportunity for an education according to his ability and willingness to learn, and not limited to the ability of his parents or his local community to pay for it.
The problem of public health two years ago was that we were not adequately financing a program of either prevention or cure of disease. We were only actually providing from the state treasury approximately $100,000 per year for public health. This was approximately three cents per capita, or the price of a postage stamp, spent in preventing disease and keeping our people well so they could work. We increased our public health program from $100,000 to $600,000 This enables us to secure approximately $400,000 from the federal government for state public health work. Therefore, our present health program is approximately $1,000,000 per year. Two years ago every form of disease prevalent in this state was on the increase. For instance, malaria, that had once been looked upon as localized in this state to the lowlands of South Georgia, had gradually crept up the state until it was a menace to the health of the people of North Georgia. With our new health program, although only in operation less than two years, we have been able to show a sharp reduction in every disease prevalent in this State save typhus fever. We feel we will be able to show a reduction in typhus fever within a few months. Our Health Department has a comprehensive program for public health that will be submitted in detail to the Assembly, but which cannot be detailed in this address. Suffice it to say, we have been, and are now, improving the health conditions of our people under the program of the present state administration.
These two items of education and health-that is, paying the teachers from the state treasury for a minimum of seven months and expanding our health program and supporting Alto-constitutes approximately $10,500,000; in other words, half of the approximate $21,000,000 general fund appropriated by the last legislature goes for common school education and public health. I want you to keep indelibly in your minds these two figures-the general fund appropriated by the last .legislature of $21,000,000 and that $10,500,000 in round figures of the approximate $21,000,000 goes to pay school teachers and for health work.
The next large item in the present appropriation bill of approximately $21,000,000 of general fund money goes to the Welfare Department for benefits. It is approximately $6.000,000. I want to break down where this approximate $6,000,000 goes. Two million dollars of the $6,000,000 appropriated to the Welfare Department goes to maintain the eleemosynary institutions, these institutions being the Insane Asylum, the Academy for the Blind, the School for the Deaf, the FeebleMinded Institute at Gracewood, the Girls' Training School and the Boys' Training School. There are more than 7,000 mentally sick people in our State Hospital at Milledgeville. A population in that one institution alone of more than seven times the population of the town in which I live, including every man, woman and child,

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white and black, in that town. Anyone who has visited these institutions and has seen the low salary schedule of the employees, the under-staffed personnel and the rigid economy practiced, knows that this $2,000,000 is not an extravagant sum but, on the contrary, is unreasonably low for the adequate and proper care of these unfortunate people populating these institutions.
The next item of the $6,000,000 to the Department of Public Welfare is a quasi allocated item of slightly less than $1,000,000 which goes to pay Confederate Veterans and the widows pensions. This item is $30.00 per month, fixed by law, and cannot be lowered without changing the law. It is to be remembered that this administration, by approval of a constitutional amendment by the people, increased the pension rolls to include Confederate widows who had married up to January 1, 1920. Therefore, this item of Confederate pensions has been increased.
The third item constituting the approximate $6,000,000 I mention as going to the Department of Public Welfare is slightly more than $3,000,000 benefit fund for old age pen~ions, aid for the blind and aid for the dependent and crippled children. To be exact, the appropriation for these benefit funds is $3,150,000. The average pension payment from this fund is approximately $8.00 per month. I do not believe anyone can say that this is an extravagant amount. Some have sought to confuse this benefit money with the administrative costs of the Department of Public Welfare. The administrative cost, including the salaries of the State employees in the Welfare Department, rents and overhead, is provided in a separate fund, segregated and fixed by the last session of the Legislature, and this overhead administrative cost of the State Welfare Department does not enter into the figure I mention for benefits. You know from your contact with your local communities that even at the low average of approximate $8.00 per month, there are only approximately one half of the old people, the blind people, the dependent and the crippled children drawing benefits who should be drawing benefits. You know, as I know, that this part of the Welfare Department appropriation cannot be cut if we are to have any kind of social security program. Indeed, there should be from a million and a half to two million dollars as a minimum added to this benefit fund in order to take care of those applicants deserving to be on the rolls
who are not on the rolls.
I will cover this detail, however, in my messages to the Assembly. What I am undertaking to do in this address is to analyze the present appropriation bill passed by the last session of the Assembly and for what the money 1s spent in general terms.
The administrative cost of the State Welfare Department is a separate item appropriated by the Legislature of approximately $387,500. While much has been said about this administrative cost, be it remembered that a comparative cost of the operation of our Welfare Department and the far-flung county departments compares most favorably with the administrative costs in the other states of the nation. Be it further remembered that the Department of Public Welfare not only has the administration of old age pensions, aid for the blind, and aid for the dependent and crippled children, but it distributes several hundred thouswd

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dollars worth of surplus commodity products each month, it certifies every WPA worker in the state, it certifies every CCC camp enrollee in this state and it certifies every NYA student from this state. But, if you had no administrative cost of your State Welfare Department, the three hundred odd thousand dollars appropriated for that purpose is an infinitesimally small part of the approximately $21,000,000 of the appropriation bill.
Whatever may be said pro or con about the social security program, it is here to stay. Personally, I believe in it. But, whether be believe in it or not, social security has become a permanent part of our governmental service. The problem is to solve it in a sound and economical way. If we do not do this, future governors and future assemblies will be elected who will do so, or, indeed, may be elected who will solve it in what at the moment may appear a more radical manner.
Thus of the $21,000,000 general fund appropriated by the last Assembly, approximately $10,500,000 goes to paying common school teachers and for public health, and approximately $6,000,000 goes to the Welfare Department for our eleemosynary institutions, our Confederate pensioners, and our social security program, making a total of approximately $16,500,000 of the approximately $21,000,000 appropriation bill.
The next large item of the $21,000,000 is approximately $2,000,000 to maintain our University System. Our University System, with our expanded common school systems and the NYA benefits, has grown until we have now the fifth largest state supported university system in the nation. The salary schedule of professors in the University System is low in comparison with other state universities. It is impossible to reduce the appropriation to the University System of Georgia without seriously crippling the work of these institutions for the boys and girls of this state.
Thus with approximately $10,500,000 to the common school teachers and public health, approximately $6,000,000 to the Public Welfare Department for our eleemosynary institutions, our Confederate pensioners and our social security benefits, and approximately $2,000,000 to the University System, we have a total of approximately $18,500,000 of the $21,000,000 appropriation bill passed by the last Legislature.
Three items approximate $1,000,000 of the $21,000,000 appropriation bill. These three items are penal services, payment on the public debt and interest, legislative and judiciary expenses. Adding this million to the $18,500,000 I have detailed to you, makes a total of $19,500,000 of the $21,000,000 appropriation bill. This leaves approximately $1,500,000 of the $21,000,000 appropriation bill that goes to the support of the various departments of the State government not supported by allocated taxes, fees and licenses. In these departments to which this approximately $1,500,000 is appropriated are included the Governor's office, the secretary of state's office, the comptroller generars office, the attorney general's office and law department, the treasurer's office, the auditor's office, the Forestry Department, the Parks Department, the Mining and Geology Department, the

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Natural Resources Commissioner's office, the Revenue Department, the Labor Department, and all other departments not supported by allocated taxes, fees or licenses or not covered in the items heretofore detailed. With only approximately $1,500,000 appropriated to the departments from the general fund, that is readily seen how utterly unreasonable it is to purpose that the program can be financed by the expediency of cutting department expenses.
This administration increased the general fund budget approximately $10,500,000 in the last appropriation bill over what it had been heretofore. I want to analyze where this approximately $10,500,000 increase goes. More than $5,000,000 of the increase goes to pay common school teachers under the seven months term bill; more than $4,000,000 of the increase goes to the Welfare Department for the eleemosynary institutions and expanded Confederate pensions and social security benefits; one half million of the increase goes for public health services; while more than a half million dollars of the increase goes to the University System and expanded prison service, including Tattnall Prison; while the judicial and legis-
lative expenses and all departmental expenses only constitute 3y;% of the increase.
Included in this 3}~% of the increase are certain added departments, such as the Department of Labor, natural resources, including parks and mining, soil conservation, et cetera. It is easily seen, therefore, that practically all of the increase this administration has made in the general fund budget is for education, health and social security.
Having analyzed the items that constitute the general appropnatwn, it is easy to see that unless the present appropriation bill is paid in full that either the local schools will have to increase their local levies or the schools will have to close their doors; that unless the appropriation bill is paid in full the health program cannot be carried on and disease will again expand its ravages; that unless the appropriation bill is paid in full the eleemosynary institutions and the University System cannot properly function; that unless the appropriation bill is paid in full even the present pension rolls will have to be reduced both in number and in amounts of benefits and that the palsied hand of those who press for a pittance of a pension will have to be pushed back.
This is not the occasion to go into a detailed analysis of our revenue. I will do that in my messages to the Assembly. But the net result is we will have approximately $12,500,000 with which to pay the approximately $21,00,000 general fund appropriation by the last session of the Legislature. In other words, we will lack slightly more than $8,500,000 having sufficient funds with which to pay in full, the appropriation bill passed by the last session of the Legislature. We must raise this $8,500,000 and pay this appropriation bill in full. We cannot close the school house doors; we cannot deny our unfortunates in the institutions; we cannot unleash disease upon our people; and we cannot deny our aged the pittance of a pension we're giving them.
I want to t>conomize at every point humanly possible in the State government. We are already trying to economize at every point possible. I wdcome any aid from the Assembly to further economize, but we cannot and must not economize

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on educating our boys and girls, on supporting our health program and our institutions. We must not economize by not paying at least the present small amount of pensions. No tax we levy will be as oppressive on the people of this state as the tax of ignorance and disease. Unless we do adequately support this program our people will continue to have low incomes. If we do adequately support it their incomes will be increased many fold over the amount of taxes necessary to support it. Georgia is not too poor to finance this appropriation bill; Georgia is too poor not to finance this appropriation bill.
Compared with our adjoining sister states Georgia is larger in area than any of them and larger in population of any of them, save possibly North Carolina. Every adjoining state to Georgia has a larger state budget for these governmental services than we have in Georgia under the present appropriation bill, save only the smaller state of South Carolina. The state of South Carolina is only about one-half the population of Georgia and only about one-half the area of Georgia; yet the half smaller State of South Carolina has a state budget practically dollar for dollar the amount of the state budget for Georgia under this program. Certainly, this evidences conclusively that the amount we're asking to be provided to support this program is reasonable.
May I emphasize a suggestion toward economy: I believe that with a merit system in the State government we can save approximately 10'./C of the approximately $1,500,000 appropriated to the departments. This is not a large comparative saving, but it ought to be made. I believe we could increase departmental efficiency at least 25% with a merit system. I expect to urge in detail upon the Assembly the passage of a merit system law as called for the State Democratic Platform of 1936 and again in 1938 in order to enable us to effect this further economy and efficiency. Without a merit system we cannot have as economical and efficient administration of our state departments as we should have regardless of who is Governor, regardless of who are heads of departments and regardless of who are members of the Assembly. That step should be made in the interest of the taxpayers of this state, and I hope the Assembly will have the co:Jrage to ma1:e it.
Knowing the needs of the people of Georgia and knowing the benefits of this program to the people of Georgia, I am more determined today, as I enter upon my second term as Governor of the State, than l have ever been in the moments of highest enthusiasm of any campaign speech, to complete this program by adequately financing it. I know I have, and the Legislature has, a mandate from the people of Georgia to complete it.
It was the issue, and the sole issue, in my campaign for reelection as Governor. The race I made for reelection on this program was complicated by other ra,es and by economic conditions and by a type of opposition campaign that placed every possible hazard to my reelection ever faced by any Governor. Despite these complications, despite economic conditions, despite the type campaign waged against the program and against my reelection, I held true to the one issue of completing this program. On every piece of campaign literature, on my sound truck, on my buttons, on my letterheads and in every speech I made before the public and over

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JOURNAL OF THE SENATE,

the radio there was carried the one slogan: "Complete Your Program." No man or woman in this state fails to know that was the issue. Despite all the complications of the campaign, the people of this state gave me a clear-cut, popular majority over all my opponents and gave me 282 county unit votes against 126 county unit votes for my combined opposition. The people have approved this program. They have said by their ballots they wanted it, and they have said by their ballots that they want it completed. They have spoken in unmistakable terms on the clear-cut, sole issue. As your Governor and as members of the Assembly, we have a mandate from the people of Georgia to complete this program. I know, and vou know, that the people of Georgia and the lands of Georgia are better off today than they were when I was inaugurated two years ago. I know, and you know, that two years from now if this program is completed the people will be still better off and future generations for years to come will feel its benefits in increased incomes.
I have every confidence this Assembly will remain true to the trust of the people of Georgia to complete the program. I expect to remain true to that trust.
,Of course, there are those who would sabotage the program for one reason or another. Those who do not dare to oppose the program on its merits, those who do not dare to say they are against the seven months school term, those who haven't the courage to say they're against free school books, those who are not bold enough to say they are against the health program, those who do not dare to say they are against home and household exemptions, those who do not dare to say they are against the eleemosynary institutions, the social security and other features of this program and lacking the argument and courage to oppose the program direct, they will undertake to knife it in the back by crying out against taxes, when they know, as we know, that the only way government can get money with which to give these services to the people is through taxation. Lacking the logic or the courage to oppose the program on its merits, they proceed to sabotage it, to stab it in the back and strangle it by raising a cry against raising the money to finance it. I am proud that these enemies of the program are in the minority. And, even they who cry out against it at this time for one purpose or another will in a few years hence be boasting that they had some part in accomplishing it.
During the two years of the first term as your Governor I have worked hard, night and day, for the people of this state. I expect to work just as hard during the next two years for the people of Georgia. I cannot run for Governor again at the end of these two years. Therefore, there is nothing political in what I am undertaking. I am only striving to keep faith with what the people have voted they want done. I am fighting that these boys and girls in Georgia, these sick people in Georgia, the unfortunate people in Georgia may receive what they ought to have from the State government.
I love this state and its people. And I expect to continue to look upon the office of Governor of this state as one of public service. I expect to continue to be the servant of the people of this state to the end that we may work together, we may pull together-the press, the people, the Assembly, the State House officers and the local officers-let's strive not to confuse but strive only in competition for

WEDNESDAY, JANUARY 11, 1939

35

service to see who can best serve and best agree on working for the progress and development of the state and happiness and prosperity of our people.
God in his infinite wisdom has seen fit to bless our people with an abundance of natural resources and abundance of intelligent men and women. May we all unite that our people in Georgia may enjoy life more abundant. To this end I accept the responsibility as your Governor for the ensuing two years and ask the prayers of all God-fearing people to so direct my steps to better serve mankind. To this end may God bless you and all of us.
At the end of the inaugural ceremonies, the Senate stood adjourned until 10 o'clock Thursday morning as provided for under joint House Resolution No. 10, which had been adopted.

36

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Thursday, J anuat'y 12th, 1939.
The Senate met pursuant to adjournment at 10 A. M. this day, and was called to order by the President.
Prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brinson of the 42nd 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 the reading of the Journal was dispensed with and the Jou,rnal was confirmed.
Senator Durden of the lOth district asked unanimous consent that Senators de~iring to introduce bills and resolutions be permitted to do so at this time and the consent was granted.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Manning of the 39th District-
Senate Bill No. 12. A bill to provide for the filing of a lis pendens in the office of the clak of the Superior Court in all suits; and for other purposes.
Referred to Committee on General Judiciary 1'\o. 2.
By Senators Daves of the 14th, Spivey of the 16th, McCranie of the 48th, Smith of the 24th, Cochran of the 23rd districts-
Senate Bill No. 13. A bill amending the highway mileage Act by adding additional mileage in I .aurens, Bleckley and Dodge Counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
The following message was received from the House through JVI r. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Jones of Richmond and others-
House Resolution No. 15. A resolution providing for an adjournment of the General Assembly until Monday, January 16th, 1939.

THURSDAY, JANUARY 12, 1939

37

The following joint resolution of the House was read and put upon its passage:
By Mr. Jones of Richmond and others-
House Resolution No. 15. A resolution providing that the General Assembly upon adjournment today stand adjourned until Monday, January 16th.
Senators Durd~n of the lOth district, Millican of the 52nd district, Lindsay of the 34th district and Manning of the 39th district offered the following amendment:
By striking the word "lVIonday" and inserting the word "Tuesday".
The amendment was adopted.
The resolution as amended was adopted.
The following message was received from the House through :\Ir. Greer, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendment to the following resolution of the House, to-wit:
By Mr. Jones of Richmond and others-
House Resolution No. 15. A resolution providing for an adjournment of the General Assembly until Tuesday, January 17th, 1939.
Senator Lindsay of the 34th district asked unanimous consent that Senate Bill No. I be read informally as a matter of information to the Senate. The consent was granted and the bill was read.
The President named the following Senators as members of the Committee on Interstate Co-operation:
Senators Sanders of the 36th district, Causey of the 46th district, Abbot of the 18th district, Howe of the 38th district and Ingram of the 51st district. Senator Sanders of the 36th district, chairman, Senator Causey of the 46th district, vice-chairman, and Senator Abbot of the 18th district as secretary.
Senator Durden of the lOth district moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until Tuesday morning, January 17, 1939, at 10 o'clock, A. M.

38

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Tuesday, January 17th, 1939.
The Senate met pursuant to adjournment at 10 A. M. this day, and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Acting for Senator Brinson of the 42nd district, chairman of the Committee on Journals, Senator Harrell of the 7th district reported the Journal of the preceding session had been examined and found to be correct.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that Senators desiring to introduce bills and resolutions be permitted to do so at this time and the consent was granted.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
By Senator Dunn of the 22nd district-
Senate Bill No. 14. A bill to repeal Section 68-214 of the Code of 1933, and amend so as to advertise Georgia as the "Peach State" on motor vehicle tags; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senator Millican of the 52nd district-
Senate Bill No. 15. A bill to amend Part 3, Chapter 34-19, of the Code of Georgia, relative to primary elections so as to provide for a secret ballot; and for other purposes.
Referred to Committee on Privileges and Elections.
By Senator Howe of the 38th district-
Senate Bill No. 16. A bill repealing an Act of February 22, 1933, so as to increase the number of terms of Haralson Superior Court; and for other purposes.
Referred to Committee on Uniform Laws.
By Senators Padgett of the 6th and Harrell of the 7th district-
Senate Bill No. 17. A bill amending an Act providing for the election of the Judge of the county court of Echols county so as to provide the manner of filling vacancies in the office of the Judge; and for other purposes.

TUESDAY, JANUARY 17, 1939

39

Referred to Committee on Special Judiciary.
By Senator Harrell of the 7th district-
Senate Bill No. 18. A bill amending the Act creating a new charter and municipal government for the City of Quitman; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Lindsay of the 34th district-
Senate Bill No. 19. A bill providing that no municipality shall have jurisdiction over any property owned, leased or rented by the state for the purpose of levying taxes on any business carried on on said property; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Snators Durden of the lOth and Harrell of the 7th districts-
Senate Resolution No. 8. A resolution providing for a standing committee on aviation; and for other purposes.
Referred to Committee on Rules.
By Senator Harrell of the 7th district-
Senate Resolution No. 9. A resolution proposing to the qualified voters an
amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize the City of Quitman to incur additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senator Harrell of the 7th district-
Senate Resolution No. 10. A resolution proposing to the qualified voters an amendment to Article 7, Section 7, Paragraph I, of the Constitution authorizing the City of Quitman to borrow money or incur debts to supply casual deficiencies of revenue; and for other purposes.
Referred to Committee on Amendments to the Constitution.
The President announced that he had made his appointments of the standing committees of the Senate for the sessions of 1939-1940, with the exceptions of the Committee on Penitentiary and the newly created Committee on Aviation, and asked unanimous consent of the Senate that he be authorized to make changes and corrections in said committees at any time that he deemed it necessary to do so. The consent was granted.
The Secretary read the committees as listed below:

40

JOURNAL OF THE SENATE,

ACADEMY FOR THE BLIND

Williamson, Chairman Holt, Vice-Chairman Bridges, Secretary
Abbot Dawson Dunn

Kelley Redman Sears Smith of the 12th Williams of the 31st

AGRICULTURE

McGinty, Chairman Dawson, Vice-Chairman Bridges, Secretary
Boy kin Bridges Brooks Chastain Daves Dunn Hass Holt Ingram Jordan Manning

Mavity McCranie Moore Nix Padgett Redman Sears Sanders Smith of the 24th Thomason Thrasher Twiggs Warnell Williams of the 21st

AMENDMENTS TO THE CONSTITUTION

Abbot, Chairman Boykin, Vice-Chairman Brown, Secretary
Brooks Brinson Causey Cloud Cochran Dawson Dunn Durden Fortson Groover Harrell Holt Howe

Jordan Lindsay Manning McGinty Millican New Palmour Sanders Sears Smith of the 24th Thrasher Twiggs Warnell Williams of the 21st Williams of the 31st Williamson

Palmour, Chairman Sanders, Vice-Chairman Durden, Secretary

APPROPRIATIONS
Abbot Brannen Bridges

TUESDAY, JANUARY 17, 1939

41

Brooks Brown Cail Chastain Cloud Cochran Dawson Hass Holt Ingram Jordan Kelley

Lindsay Manning McCranie McGinty Nix Padgett Redman Sears Smith of the 12th Twiggs Warnell Williamson

Brannen, Chairman Durden, Vice-Chairman Mavity, Secretary
Abbot Causey

AUDITING
Daves Dunn Howe McGinty Twiggs

AVIATION (To be appointed later.-See Page 66.)

BANKS AND BANKING

Brooks, Chairman Moore, Vice-Chairman Williams of the 31st, Secretary
Abbot Boykin Brannen Brinson Causey Cloud Dorminy Durden

Estes Fortson Harrell Howe Ingram Mavity Millican Moate Palmour Thomason Warnell

Cochran, Chairman Jordan, Vice-Chairman Manning, Secretary
Abbot Boy kin Brown Dawson

COMMERCE
Dunn Estes Kelley McGinty Nix Williams of the 31st Williamson

CONGRESSIONAL AND LEGISLATIVE RE-APPORTIONMENT

Boykin, Chairman ln~ram, Vice-Chairman

Cloud, Secretary
Brid~es

42

JOURNAL OF THE SENATE,

Brown Cochran Dawson Dunn Kelley

Sears Smith of the 12th Williams of the 21st Williamson

Warnell, Chairman Padgett, Vice-ChairmanMcGinty, Secretary
Brannen Brinson Boy kin Brown Cail Causey Daves Dorminy Durden Estes Fortson Groover Harrell

CONSERVATION
Holt Howe Ingram Jordan Manning Mavity McCranie McGinty Moore Palmour Sears Smith of the 24th Thomason Twiggs Williams of the 21st

CORPORATIONS

Cloud, Chairman Sears, Vice-Chairman Smith of the 12th, Secretary
Bridges Causey Cochran Estes Holt

Howe Kelley Millican Moate New Palmour Williamson

COUNTIES AND COUNTY MATTERS

Millican, Chairman Thrasher, Vice-Chairman Abbot, Secretary
Boy kin Brinson Cail Causey Daves Dorminy Dunn Durden

Harrell Hass Ingram Mavity McCranie Moore Nix Palmour Redman Sears Thomason

TUESDAY, JANUARY 17, 1939

43

Thrasher Warnell

Williams of the 21st

DRAINAGE

Dawson, Chairman Brooks, Vice-Chairman Kelley, Secretary
Bridges Brown Chastain

Cochran Manning Padgett Sears Smith of the 12th Williamson

EDUCATION AND PUBLIC SCHOOLS

Twiggs, Chairman Williamson, Vice-Chairman Williams of the 21st, Secretary
Brannen Bridges Brinson Cail Chastain Cloud Dawson Estes Fortson Groover Holt

Howe Jordan Lindsay Manning McGinty Millican Moate Nix Padgett Palmour Sears Smith of the 24th Thrasher Warnell

ENGROSSING

Smith of the 24th, Chairman Fortson, Vice-Chairman Palmour, Secretary
Brooks Hass Lindsay

Mavity Moate Redman Sanders Williams of the 21st Williams of the 31st

Thomason, Chairman Groover, Vice-Chairman Harrell, Secretary
Brinson Brown Cail

ENROLLMENT
Holt Ingram Kelley New Warnell

FINANCE

Harrell, Chairman Williams of the 21st, Vice-Chairman

Millican, Secretary Boykin

44

JOURNAL OF THE SENATE,

Brannen Brinson Brooks Causey Daves Dawson Dorminy Dunn Durden Estes Fortson Groover Hass

Howe Ingram Mavity McGinty Moate Moore New Smith of the 24th Thomason Thrasher Warnell Williams of the 31st

GAME AND FISH

Thrasher, Chairman Thomason, Vice-Chairman Fortson, Secretary
Bridges Brinson Brown Cail Chastain Cochran Dawson Dorminy Dunn Durden

Hass Ingram Kelley Lindsay McCranie McGinty Sanders Sears Smith of the 12th Warnell Williams of the 21st Williamson

GENERAL JUDICIARY 1'\UMBER ONE

Lindsay, Chairman Redman, Vice-Chairman Sanders, Secretary
Brooks Cochran Dunn Estes Holt

Kelley Manning McCranie McGinty Moore Smith of the 12th Smith of the 24th Williamson

GENERAL JUDICIARY NUMBER TWO

Howe, Chairman Abbot, Vice-Chairman Moate, Secretary
Brown Causey Chastain

Cloud Daves Groover Hass Jordan Mavity

TUESDAY, JANUARY 17, 1939

45

Millican Palmour

Thomason Twiggs

HALLS AND ROOMS

Padgett, Chairman Bridges, Vice-Chairman Howe, Secretary
Brannen Chastain

Estes Kelley McCranie Moore Thomason

HIGHWAYS AND PUBLIC ROADS

Cail, Chairman Manning, Vice-Chairman Brinson, Secretary
Boy kin Brannen Bridges Brooks Brown Causey Chastain Daves Dorminy Durden Fortson Hass Howe

Ingram Jordan Lindsay Mavity Millican :Moore New Padgett Palmour Redman Sears Thomason Warnell Williams of the 21st Williams of the 31st Williamson

HISTORICAL RESEARCH

Jordan, Chairman Hass, Vice-Chairman Boykin, Secretary
Abbot Brown Dorminy

Kelley McGinty Moore Redman Twiggs Williamson

HYGIENE AND SANITATION

Holt, Chairman Cail, Vice-Chairman Daves, Secretary
Boykin Brooks Dorminy Dunn Groover Ingram

Kelley Lindsay McCranie Moore Padgett Sanders Sears Smith of the 12th Thomason

46

JOURNAL OF THE SENATE,

Mavity, Chairman New, Vice-Chairman Groover, Secretary
Brinson Causey Dorminy Durden Estes Fortson Harrell Hass Howe

INDUSTRIAL RELATIONS
Kelley McGinty Millican Moate l\foore Nix Padgett Palmour Smith of the 24th Thrasher Williams of the 21st Williams of the 31st

Forston, Chairman Brannen, Vice-Chairman Ingram, Secretary
Brinson Brooks Causey Durden Groover

INSURANCE
Harrell Hass Jordan Mavity Millican Moate Thomason

INTERSTATE CO-OPERATIVE COMMITTEE OF COUNCILS OF STATE GOVERNMENT

Sanders, Chairman Causey, Vice-Chairman Abbot, Secretary

Howe Ingram

INTERNAL IMPROVEMENTS

Bridges, Chairman Kelley, Vice-Chairman Padgett, Secretary
Cochran

Manning McCranie Smith of the 24th

JOURNALS

Brinson, Chairman Williams of the 31st, Vice-Chairman Warnell, Secretary
Cochran Dawson

Dorminy McCranie Moate Twiggs

MANUFACTURES

Estes, Chairman Cochran, Vice-Chairman

Dawson, Secretary Brown

1LUESDAY, JANUARY 17, 1939

47

Groover McCranie Millican

Palmour Sanders

MILI1LARY AFFAIRS

New, Chairman Palmour, Vice-Chairman Lindsay, Secretary
Brannen Fortson

Groover McGinty Sanders 1lhrasher

MINES AND MINING

Nix, Chairman Chastain, Vice-Chairman 1lhomason, Secretary
Brooks Cochran

Howe Manning Redman 1lwiggs

M01LOR VEHICLES

Redman, Chairman Moate, Vice-Chairman Mavity, Secretary
Brannen Chastain Cochran Durden Estes Fortson

Hass Ingram Jordan Kelley Millican Palmour Smith of the 12th 1lhornason

MUNICIPAL GOVERNMEN1l

Manning, Chairman Millican, Vice-Chairman Brown, Secretary
Brinson Boy kin Causey Cloud Durden Dunn Harrell

Howe Ingram Jordan Lindsay Mavity Moore New Palmour Redman 1lhrasher

PENSIONS

Daves, Chairman Cloud, Vice-Chairman Brooks, Secretary
Abbot

Boy kin Causey Chastain Cochran

48

JOURNAL OF THE SENATE,

Moate Nix Padgett Sears

Smith of the 12th Twiggs Williams of the 21st
PENITENTIARY (To be named later.-See Page 116.)

PRIVILEGES AND ELECTIONS

McCranie, Chairman Smith of the 12th, Vice-Chairman Brannen, Secretary
Cloud Cochran Dorminy

Estes Groover Holt Nix Seart Smith of the 24th

PRIVILEGES OF THE FLOOR

Smith of the 12th, Chairman Howe, Vice-Chairman Jordan, Secretary
Chastain

Dorminy Estes Nix Thomason

PUBLIC LIBRARY

Williams of the 21st, Chairman

Dawson

McGinty, Vice-Chairman ~Ioore, Secretary

Hass Lindsay

Boy kin

PUBLIC PRINTING

Hass, Chairman Dunn, Vice-Chairman Cochran, Secretary
Brannen

Bridges Estes Manning McGinty

Brown, Chairman Nix, Vice-Chairman Chastain, Secretary
Bridges Boy kin Cail

PUBLIC PROPERTY
Cochran Dawson McCranie Moore Padgett Smith of the 12th

Mavity, Chairman New, Vice-Chairman Causey, Secretary
Brinson Brown

PUBLIC UTILITIES
Cail Chastain Cloud Daves Dunn

TUESDAY, JANUARY 17, 1939

49

Durden Harrell Ingram Millican Moate

Palmour Sanders Thrasher Williams of the 31st

PUBLIC WELFARE

Causey, Chairman McCranie, Vice-Chairman Estes, Secretary
Brinson Daves Durden Lindsay Manning

New Palmour Redman Sanders Sears Smith of the 24th Warnell Thomason

RULES

Mr. President, Chairman Durden, Vice-Chairman Smith of the 24th, Secretary
Abbot Boy kin Brannen Brinson Cail Causey Daves Fortson Harrell Holt

Howe Lindsay Mavity McGinty Millican Moate Moore New Nix Palmour Sanders Thrasher Warnell

SCHOOL FOR THE DEAF

Chastain, Chairman Lindsay, Vice-Chairman Cail, Secretary
Brinson Bridges Dorminy

Hass Jordan McCranie Padgett Sanders

Sanders, Chairman Brinson, Vice-Chairman Dunn, Secretary
Abbot Brooks Cloud

SPECIAL JUDICIARY
Dorminy Howe Lindsay Padgett Redman Sears

50

JOURNAL OF THE SENATE,

Thrasher Twiggs

Williams of the 21st Williams of the 31st

STATE OF THE REPUBLIC

Durden, Chairman Mavity, Vice-Chairman Harrell, Secretary
Brinson Causey Groover

Holt McGinty Millican New Palmour Smith of the 24th

STATE SANITARIUM

Moate, Chairman Daves, Vice-Chairman Dorminy, Secretary
Boykin Brooks Cail Cloud Holt McGinty

Moore Padgett Palmour Redman Smith of the 12th Thomason Thrasher Warnell Lindsay

TEMPERANCE

Kelley, Chairman Brown, Vice-Chairman Harrell, Secretary
Abbot Brannen Brooks Dawson Durden Fortson

Groover Holt Lindsay Mavity Millican Padgett Smith of the 24th Thomason Warnell

TRAINING SCHOOLS

Dorminy, Chairman Warnell, Vice-Chairman Nix, Secretary
Abbot Estes Holt

Manning McCranie Moate Thrasher Williams of the 21st

TUBERCULOSIS SANITARIUM AT ALTO

Williams, Chairman Dorminy, Vice-Chairman Holt, Secretary
Boy kin

Brown Cail Chastain Dawson

TUESDAY, JANUARY 17, 1939

51

Fortson McGinty New

Nix Twiggs Williamson

UNIFORM LAWS

Dunn, Chairman Causey, Vice-Chairman Thrasher, Secretary
Abbot Bridges Chastain Cloud Dawson

Jordan McCranie McGinty Redman Sanders Smith of the 12th Williams of the 31st

UNIVERSITY SYSTEM OF GEORGIA

Moore, Chairman Estes, Vice-Chairman Twiggs, Secretary
Abbot Brannen Bridges Brinson Brooks Cail Causey Cloud
Daves Dawson Dunn Durden Fortson Groover

Harrell Howe Kelley Lindsay McGinty Millican Moate Nix Padgett
Palmour Redman Smith of the 24th Thrasher Warnell Williams of the 31st Williamson

WESTERN & ATLANTIC RAILROAD

Ingram, Chairman Twiggs, Vice-Chairman New, Secretary
Brannen Brown
Causey Cloud Daves Durden Harrell Hass Howe

Jordan Lindsay Mavity Millican Moate Nix Padgett Smith of the 24th
Warnell Williams of the 31st Williamson

52

JOURNAL OF THE SENATE,

By unanimous consent the Secretary was instructed and authorized to print copies of the above committees in pamphlet form.
The following resolution of the Senate was read and put upon its passage:
By 5enators Durden of the lOth district and Lindsay of the 3~th district-
Senate Resolution No. 11. A resolution providing that the General Assembly of Georgia reconvene in regular session on Thursday, January 19, 1939, at 10 o'clock.
The resolution was adopted.
By unanimous consent the resolution was ordcnd immediately transmitted to the House.
Senator Durden of the lOth district moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, JANUARY 18, 1939

53

Senate Chamber, Atlarta, Georgia,
Wednesday, January 18th, 1939.
The Senate met pursuant to adjournment at 10 A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Moate of the 20th district, member of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that Senators desiring to introduce bills and resolutions be permitted to do so at this time, and the consent was granted.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Nix of the 32nd district-
Senate Bill No. 20. A bill to amend Section 24-2702 of the Civil Code of 1933, so as to provide that a Clerk of Court is eligible to practice law in any court except in his own; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Durden of the lOth district-
Senate Bill No. 21. A bill permtttmg "Building and Loan" or "Saving and Loan" associations to use as part of their corporate name the words "Co-operative Bank"; and for other purposes.
Referred to Committee on Banks and Banking.
By Senators Jordan of the 15th district, Padgett of the 6th district, Dawson of the 2nd district, Sears of the 5th district and Brown of the 4th district-
Senate Bill No. 22. A bill defining the words "crops" and "growing crops" as now existing and providing that naval stores operators and producers of turpentine products shall be known and designated as "farmers"; and for other purposes.
Referred to Committee on Conservation.
By Senator Lindsay of the 34th district-
Senate Bill No. 23. A bill to amend Section 92-3701 of the Code of 1933 by

54

JOURNAL OF THE SENATE,

providing authority to the counties to levy a tax to provide medical or other care for the indigent sick people of the respective counties; and for other purposes.
Referred to Committee on General Judiciary No. l.
By Senator Daves of the 14th district-
Senate Bill No. 24. A bill to amend Section 113-1209 of the Code of 1933, so as to abrogate the common law rule that upon the death of a sole executor the administration shall pass ipso facto to the executor of such executor; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Cail of the 17th district-
Senate Bill No. 25. A bill to regulate hunting in Screven, Bulloch and Bryan Counties; and for other purposes.
Referred to the Committee on Game and Fish.
The following resolution of the Senate was read and adopted:
By Senators Millican of the 52nd district and Howe of the 38th districtSenate Resolution No. 12. A resolution authorizing the President of the
Senate to appoint a committee of five members of the Senate to investigate the State Board of Penal Administration; and for other purposes.
, The President announced that he would appoint this committee at a later date.
The following resolution of the Senate was read and adopted:
By Senators Millican of the 52nd district, Durden of the lOth district, Williams of the 21st district, Abbot of the 18th district, Jordan of the 15th district, Sears of the 5th district, Brown of the 4th district and Daves of the 14th district-
Senate Resolution No. 13. A resolution memorializing Congress to eliminate the provision of the Old-Age Pension Law requiring states to match federal funds.
Under the above resolution, the Secretary was instructed to forward copies to each member of the Georgia delegation.
The following resolution of the Senate was read and adopted:
By Senators Thrasher of the 27th district and Lindsay of the 34th districtSenate Resolution No. 14. A resolution providing for a joint committee from
the Senate and House to confer with a like committee from the General Assembly of Florida for the purpose of agreeing upon certain game and fish regulations.
The President announced that he would appoint this committee at a later date.
The following resolution of the Senate was read and adopted:

WEDNESDAY, JANUARY 18, 1939

55

By Senator Thrasher of the 27th district-
Senate Resolution No. 15. A resolution memorializing Congress to enact more stringent laws in reference to aliens.
Under the above resolution, the Secretary was instructed to forward copies to each member of the Georgia delegation.
The following resolution of the Senate was read and adopted:
By Senator McGinty of the 43rd district-
Senate Resolution No. 16. A resolution thanking the publishers of the Macon Telegraph for complimentary copies of the paper being placed upon the desks of the Senators each morning.
The Secretary was instructed to mail a copy of the above resolution to the publishers of the Macon Telegraph.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
Senate Resolution No. 11.
By Senators Durden and Lindsay-
A resolution providing that the General Assembly reconvene in 1939 regular session Thursday, January 19, 1939.
The following message was received from the House through 1\llr. Greer, the clerk thereof:
Mr., President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Atkinson of ChathamHouse Resolution No. 28. A resolution providing for a joint committee to
notify his Excellency, the Governor, .that the General Assembly has completed its work and now stands ready to adjourn the ten day session sine die.
The Speaker has appointed the following Representatives on the part of the House:
Messrs. Bloodworth of Bibb, Lovett of Laurens, and Conner of Dooly.

56

JOURNAL OF THE SENATE,

The following resolution of the House was read and adopted:

By Mr. Atkinson of Chatham-

House Resolution No. 28. A resolution providing for a joint committee to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn the ten days session sine die.

Under the provision of the above resolution. the President appointed on the part of the Senate, Senator Brown of the 4th district and Senator Williams of the 31st district.

The following communication was received from the Governor:

State of Georgia

Executive Department

E. D. Rivers, Governor

Downing Musgrove, Executive Secretary

Atlanta

January 18, 1939.

Honorable John B. Spivey, President, and Members of the Senate, State Capitol,

Dear Mr. President and Senators:

The resolution calling for the convening of the regular session of the General Assembly for a period of sixty days, beginning January 19th, 1939, has been transmitted to and duly approved by me.

I know of no further business in the executive office at this time to engage the attention during the ten day session.

Respectfully,

E. D. Rivers,

EDR:W

Governor.

The following message was received fro111 the House through Mr. Greer, the clerk thereof:

Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

By Mr. Atkinson of ChathamHouse Resolution No. 31.

WEDNESDAY, JANUARY 18, 1939

57

A resolution providing for sine die adjournment of the 1939 ten day organization session of the General Assembly of Georgia.
In accordance with the unanimous consent granted the President, Senator Thomason was added to the Committee on Public Welfare.
The following resolution of the House was read and adopted:
By Mr. Atkinson of ChathamHouse Resolution No. 31. A resolution providing for sme die adjournment
of the 1939 ten day session of the General Assembly.
The President announced the ten days session of the Senate adjourned sine die.

j j j j j j j j j j j j j j j j j j

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMlJLY
Commenced at Atlanta, Monday, January 19, 1939
BOWE~ PRESS
~ DECATUR, GA.

Journal
(REGULAR SESSION)
Senate Chamber, Atlanta, Georgia,
Thursday, January 19th, 1939.
The Senate met, pursuant to Joint Senate Resolution No. 11, adopted during the ten day organization session, and was called to order by the President.
Prayer was offered by the Chaplain.
It was ascertained that a quorum was present, and by unanimous consent the call of the roll was dispensed with.
Senator Williams of the 31st district, vice-chairman of the Committee on Journals, reported that the Journal of the final day of the ten days organization session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business following the first part of the period of unanimous consents of today:
1. Introduction of bills and resolutions. 2. Second reading of Senate bills favorably reported by committees. 3. Any unfinished business. The consent was granted. The following resolution was read and adopted: By Senator Durden of the lOth districtSenate Resolution No. 17. A resolution notifying the House that the Senate has convened in 1939 regular session and is ready for the transaction of business. The following message was received from the House through Mr. Greer, the clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Mr. Atkinson of ChathamHouse Resolution No. 32. A resolution to notify the Senate that the House has convened in regular session for 1939 and is ready for the tran~action of business. The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

THURSDAY, JANUARY 19, 1939

59

By Mr. Atkinson of Chatham-
House Resolution No. 33. A resolution providing for a JOmt committee, three on the part of the House and two on the part of the Senate, to be appointed to notify the Governor that the General Assembly has convened in regular session.
The Speaker appointed as a committee, on the part of the House, to notify the Governor, the following members:
Messrs. Parker of Colquitt,
Moore of Lumpkin, and
McBride of Montgomery.
Mr. 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. l. Do pass.
Respectfully submitted,
Lindsay of 34th district, chairman.
Mr. Durden of the lOth district, chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
Senate Resolution No. 8. Do pass.
Respectfully submitted,
Durden of the lOth district, chairman.
Mrs. Susie T. Moore of the 47th district, chairman of the Committee on University and Its Branches, submitted the following report:
Mr. President:
Your Committee on University and Its Branches 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:

60

JOURNAL OF THE SENATE,

Senate Bill No. 2. Do pass.
Respectfully submitted,
Mrs. Susie Moore of 47th district, chairman.
The following House resolution was read and adopted:
By Mr. Atkinson of Chatham-
House Resolution No. 33. A resolution providing for a joint committee of three from the House and two from the Senate to be appointed by the presiding officers of the respective bodies to notify the Governor that the General Assembly has convened in regular session.
The President appointed as a committee on the part of the Senate:
Senators Dorminy of the 45th district, and
Williams of the 21st district.
The following bill of the Senate was introduced, read the first time, and referred to the Committee on General Judiciary No. 2:
By Senators Harrell of the 7th district and Brooks of the 8th district-
Senate Bill No. 26. A bill amending Code Section 89-832 relating to bonds of collecting officers; and for other purposes.
Senator Millican of the 52nd district asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on State of the Republic, read the second time, and recommitted:
Senate Bill No. 3. A bill repealing an Act which created the State Athletic Commission.
The consent was granted.
The following privileged resolutions were read and adopted:
By Senators Millican of the 52nd district and Lindsay of the 34th district-
A resolution extending the privileges of the floor to Hon. R. E. Smith, of Atlanta. By Senator Holt of the 3rd district-
A resolution extending the privileges of the floor to the Hon. D. C. Chalker, former member of the General Assembly.
The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Lindsay of the 34th district-

THURSDAY, JANUARY 19, 1939

61

Senate Bill No. 1. A bill creating the State Hospital Authority; and for other purposes.
By Senator Lindsay of the 34th district-
Senate Bill No. 2. A bill repealing an Act defining the status of the Regents of the University System of Georgia; and for other purposes.
The following resolution of the Senate, favorably reported by the Committee on Rules, was read and adopted:
By Senators Durden of the lOth district and Harrell of the 7th district-
Senate Resolution No. 8. A resolution to provide for a standing committee on aviation.
The President announced that he would name the members of the Aviation Committee on January 20.
Senator Thrasher of the 27th district asked unanimous consent, and the consent was granted, that the following communication be read as a matter of information for the Senate and incorporated into the Journal:

Regents of the
University System of Georgia
State Capitol, Atlanta
This is to certify that the following is a true, correct and compared excerpt from the minute$ of the meeting of the Board of Regents of the University System of Georgia held on January 13, 1939, in Atlanta.
Upon motion properly made, variously seconded, and unanimously adopted, it was
Resolved, that the Board of Regents of the University System of Georgia respectfully calls the following to the attention of the General Assembly of the State of Georgia, and to the attention of the people of our state.
In the fall of 1930 there were in attendance at the state's institutions of higher learning approximately 6,000 college students. During that fiscal year the state paid over to such institutions in excess of $2,000,000.
In the fall of 1933, the year after this board took charge of the institutions of higher education, there were in attendance in said institutions approximately 8,000 college students. In that year the state paid for the maintenance of such institutions approximately $1 ,300,000.
This past fall-that is to say-the fall of 1938 there were in attendance on the campuses of the University System, approximately 13,000 students.
If the appropriation to the Board of Regents for the maintenance of these insti-

62

JOURNAL OF THE SENATE,

tutions cut to 55%, as will be necessary unless further revenue is produced for
the State of Georgia, we will receive, for the maintenance of these institutions, and for furnishing instructions to these 13,000 students, slightly less than $1,000,000.
The steady increase in enrollment in these institutions has not been accompanied by any increase in payments for their maintenance. On the contrary the amount actually received from the state has been steadily diminishing.
The scope of the problem now presented to this board is shown by the fact that we have more than twice as many college students as were in attendance at the state institutions nine years ago, and if only 55% of our appropriation is paid, we will receive from the state for the maintenance of these institutions less than half as much as the state was expending for this purpose in 1930.
Even the foregoing does not present fully the weight of this problem. The statement as given has dealt only with attendance on campuses at the fall session. An ever greater rate of increase in attendance at summer schools has taken place, and a much greater increase has developed in the demands on the extension services conducted by the board.
When the committees of the General Assembly were considering the last appropriation bill this board cut its estimates to the bone and asked only the amount that was absolutely necessary to maintain its services without deterioration. If we could receive this amount from the state we believe we could, through rigid economy, furnish fairly adequate services, although we could not, even with such appropriation paid in full, furnish as satisfactory service as the young people of this state should have.
When, however, we are faced with the prospect of receiving only 55% of such appropriation we feel compelled to say to the General Assembly with all the earnestness we can mu~ter, that we face a real tragedy so far as the state's institutions of higher education are concerned.
Consider the alternatives we face:
I. We cannot increase the number of students to an instructor because we are already beyond the limit considered tolerable under educational standards.
2. We cannot reduce further the salaries of our teaching staff because we are already faced with the danger of losing many of our most desirable professors due to the fact that other institutions are able to pay better salaries.
3. We cannot effect further economies because we have already gone beyond any sound limit along this line. This is most noticeable in the failure to make needed repairs, with the resulting deterioration in the properties needing the repairs.
4. There remains only the alternative of increasing matriculation fees to students.
Permit us to say that this last step should be looked on as a disaster. It will undoubtedly force out of these institutions many deserving young men and women

THURSDAY, JANUARY 19, 1939

63

who could not meet the increased charge and would thus be deprived of the opportunity of continuing their education. Anyone who bears in mind the low ranking that this state has heretofore held in education, who realizes the tremendous steps forward which have been made in the last few years, who sees as we see, the great possibilities for the state if this educational progress can be continued, must recognize that an increase in these matriculation charges, forcing students out of the institutions, would be nothing short of a dis.aster.
In this situation we respectfully lay our problem before the General Assembly and before the people of our state. The University System and the State of Grorgia stand today at the crossroads. Beyond any doubt, the continued progress of our state depends upon the state continuing without handicap its educational services and its health services to the people of the state. The system under our management is one of the agencies furnishing part of this service. It is, however, only one aspect of the problem. The broader task before the state as a whole is that the state must not default in the reasonable steps it has undertaken to provide for the education, health and welfare of our citizens on a basis fairly commensurate with their nreds, with our ability, and with what is being done elsewhere.
If it is said that our people cannot afford to furnish these services, o :r reply is that we cannot afford not to furnish them. The revenue of the state itself depends upon building up the e_arning capacity of its citizens and the earning capacity of its citizens depends to a large rxtent upon their education and their health. The sick and the ignorant cannot produce incomes out of which the state will be built up and from which taxes can be paid.
We are entirely confident that the General Assembly in its wisdom and patriotism will wive this problem. For such aid as it may be to them we deem it our duty to make this declaration of the necessity with which we arr faced.
Resolved further, that a copy of this resolution be furnished to Governor E. D. Rivers, to the President of the Senate, and to the Speaker of the Ho'.lse, and that copies be given to the press.
This the 13th day of January, 1939.
L. R. Seibert,
Secretary of the Board of Regents of the University System of Georgia.
(Seal) Under the prov~ons of Senate Resolution No. 14 the President appointed as a committee on the part of the Senate, Senators Thrasher of the 27th district, Brown of the 4th district, and Brooks of the 8th district, to act with a like committee on the part of the House to confer with a committee of the General Assembly of Florida as to certain game and fish regulations.
Senator Durden of the lOth district moved that the Srnate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

64

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Friday, January 20th, 1939.
The Senate met pursuant to adjournment at 10 o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Williams; of the 31st district, vice-chairman of the Committee on Journals reported the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business during the first part of the period of unanimous consents of today:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. Putting on passage Senate bills ready for third reading.
5. First reading reference of House bills, if any.
The consent was granted.
The following bills of the Senate were introduced, read the first time, and referred to committees:
By Senator Abbot of the 18th district-
Senate Bill No. 27. A bill amending Title 110, Chapter 110-4, Section 110-41, of the Code of Georgia, to provide for wrdicts and judgments in divorce cases by default at first terms of court; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the 3rd districts-
Senate Bill No. 28. A bill to protect the public against unqualified practitioners; to establish a State Board of Examiners in the Basic Sciences underlying practice of the healing arts; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

FRIDAY, JANUARY 20, 1939

65

By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the 3rd districts-
Senate Bill No. 29. A bill to prohibit a license to practice medicine in the state to any person not born in or naturalized or who is not a citizen of the United States; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senators Nix of the 32nd and Palmour of the 33rd districts-
Senate Bill No. 30. A bill amending the Highway Mileage Act by adding additional mileage in Dawson and Hall counties; and for other purposts.
Referred to Committee on Highways and Public Roads.
Mr. Williams of the 21st district, chairman of the Committee on Publk Library, submitted the following report:
Mr. President:
Your Committee on Public Library have had under consideration the following resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
Senate Resolution No. 7. Do pass, as amended.
Respectfully submitted,
Williams of 21st district, chairman.
Mr. Brown of the 4th 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. 11. Do pass.
Respectfully submitted,
Brown of 4th district, chairman.
The following bill of the Senate, favorably reported by the committee, was read the second time: By Senator Brown of the 4th district-
Senate Bill No. 11. A bill granting to the United States Government easements, rights-of-way and spoil disposal areas on certain strips of marsh land in Camden county for the purpose of extending the intra-coastal waterway; and for other purposes.

JOURNAL OF THE SENATE,

The following resolution of the Senate, favorably reported by the committee, was read the seccnd time:

By Senator Williams of the 31st district-

Senate Resolution No. 7. A resolution directing the state librarian to furnish certain law books to Habersham county; and for other purposes.

Under Senate Resolution No. 8, the President named the following Senators to constitute the Committee on Aviation:

Harrell, Chairman McGinty, \'ice-Chairman Dunn, Secretary
Brinson Durden Groover

Howe Moate Millican Palmour Williams of the 21st

The following bill of the Senate was read the third time and put upon its passage:

By Senators Lindsay of the 34th district, Durden of the lOth district, and Brooks of the 8th district-

Senate Bill No. 1. A bill to create the State Ho3pital Authority; and for other purposes.

By unanimous consent, the bill was considered section by section.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Upon the passage of the bill, Senator Boykin of the 29th district called for the ayes and nays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brooks Brown Cail Chastain Cloud Daves Dorminy Dunn

Durden Estes Groover Harrell Hass Holt Kelley Lindsay Mavity Moate Moore

Palmour Redman Sears Smith, 24th Thomason Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

FRIDAY, JANUARY 20, 1939

67

Those voting in the negative were Senators:

Boy kin Dawson Fortson

McCranie Millican Padgett

Smith, 12th

By unanimous consent, the verification of the roll call was dispensed with.

Upon the passage of the bill, the ayes were 33, the nays 7.

Not voting: Senators Brinson, Causey, Cochran, Howe, Ingram, Jordan, Manning, New, Nix, Sanders, McGinty.

This bill, h;,ving received the requisite constitutional majority, was therefore passed.

Senator Durden of the lOth district asked unanimous consent that the bill 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 Senator Lindsay of the 34th district-

Senate Bill No. 2. A bill to repeal an Act defining the status of the Regents of the University System of Georgia; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Upon the passage of the bill, the ayes were 29, the nays 0.

This bill, having received the requisite constitutional majority, was therefore passed.

Senator Lindsay of the 34th district asked unanimous consent that the bill be immediately transmitted to the House, and the consent was grantrd.

The following resolution of the Senate was read and adopted:

By Senators Brown of the 4th district, Spivey of the 16th district, Millican of the 52nd district, Lindsay of the 34th d1strict, Warnell of the 1st district, Moore of the 47th district and Brannen of the 49th district-

Senate Resolution No. 18. A resolution expressing the thanks and appreciation of the Senate to the director of the Works Progress Administration, to the Architect of the Department of State Parks and other officials associated in the magnificent work of re-modeling the halls of the House of Representatives and the Senate Chamber.

The following privilege resolutions were read and adopted:

By Senator Spivey of the 16th district-

68

JOURNAL OF THE SENATE,

A resolution extending the privileges of the floor to Hon. Rush Burton, of Lavonia.
By Senator Warnell of the 1st district-
A resolution extending the privileges of the floor to Hon. F. 0. Miller, of Pembroke.
By Senator Dunn of the 22nd district-
A resolution extending the privileges of the floor to Hon. C. A. Holmes, of Culloden, a former member of the Senate.
By Senator Dorminy of the 45th district-
A resolution extending the privileges of the floor to Hon. D. W. Paulk, ex-mayor of Fitzgerald, and Hon. Allen C. Gardner, solicitor-general of the Cordele Circuit.
Senator Thrasher of the 27th district asked unanimous consent that when the Senate adjourn~d today it stand adjourned until 10 o'clock Monday morning, January 23rd, and the consent was granted.
Senator Millican of the 52nd district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning, January 23rd, at 10 o'clock,

MONDAY, JANUARY 23, 1939

69

Senate Chamber, Atlanta, Georgia,
Monday, January 23rd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Williams, of the 31st district, vice-chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district, asked unanimous consent that the following be established as the order of business, during the first part of the period of unanimous consents:
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.
5. Putting on passage Senate bills and resolutions ready for third reading.
The consent was granted.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
By Messrs. Bennett and Williams of WareHouse Bill No. 34. A bill to be entitled an Act to repeal an Act approved
August 27, 1931, to provide for the assurance, registration and transfer of land titles and interest therein; and for other purposes.
By Messrs. Bennett and Williams of WareHouse Bill No. 35. A bill to be entitled an Act entitled "Homestead Exemp-
tion from Taxes", so as to further define the term 'Homestead"; and for other purposes.
By Messrs. Ferguson of Camden, Gowen of Glynn, and Atl.inson of Chatham-

70

JOURNAL OF THE SENATE,

House Bill No. 65. A bill to be entitled an Act to grant to the United States government easements, rights-of-way and spoil disposal areas on certain strips of marsh land in Camden county; and fot other purposes.
By Messrs. MeN all, Grayson and Atkinson of Chatham-
House Resolution No. 11-49 A. A resolution to recommend opening shad fishing season on January 23, 1939, and ending March 23, 1939; and for other purposes.
The following resolution of the House was read the first time and referred to committee:
By Messrs. MeN all, Grayson and Atkinson of Chatham, and others-
House Resolution No. 11-49 A. A resolution to recommend opening shad fishing season on January 23, 1939, and closing March 23, 1939; and for other purposes.
Referred to Committee on Game and Fish.
The following bills of the House were read the first time and referred to committees:
By Mr. Bennett of Ware-
House Bill No. 34. A bill repealing an Act approved August 27, 1931, entitled "an Act to provide for the assurance, registration and transfer of land titles and interest therein"; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Bennett and Williams of Ware-
House Bill No. 35. A bill amending an Act entitled "Homestead Exemptions from Taxes", Georgia Laws, 1937-38, so as to further define the term "Homestead"; and for other purposes.
Referred to Committee on Finance.
By Messrs. Ferguson of Camden, Gowen of Glynn and Atkinson of Chatham-
House Bill No. 65. A bill to grant to the United States government easements, rights-of-way and spoil disposal areas in Camden county for the purpose of extending the intra-coastal waterway; and for other purposes.
Referred to Committee on Public Property.
The following bill of the Senate was introduced, read the first time and referred to the committee:
By Senators Brooks of the 8th and Harrell of the 7th districts-
Senate Bill No. 31. A bill making it unlawful for any person to sell any kind of livestock without furnishing at the time of sale a bill of sale describing the animal; and for other purposes,

MONDAY, JANUARY 23, 1939

71

Referred to Committee on Agriculture.
Mr. Cail of the 17th 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. 13. Do pass.
Senate Bill No. 30. Do pass.
Respectfully submitted,
Cail of 17th district, chairman.
The following bills of the Senate, favorably reported by the committee, were read the second time:
By Senators Daves of the 14th district, Spivey of the 16th district, and others-
Senate Bill No. 13. A bill amending the Neill-Traylor Act by adding mileage in certain counties; and for other purposes.
By Senators Nix of the 32nd district and Palmour of the 33rd district-
Senate Bill No. 30. A bill amending the Neill-Traylor Act by adding mileage in certain counties; and for other purposes.
The following bill and resolution of the Senate were read the third time and put upon their passage:
By Senator Brown of the 4th district-
Senate Bill No. 11. A bill granting to the United States certain easements and rights-of-way in Camden 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 Senator Williams of the 31st district-
Senate Resolution No. 7. A resolution directing the state librarian to furnish certain law books to Habersham county; and for other purposes.
The committee offered the following amendment: "by inserting the words on the 7th line betwten the word 'supply' and the word 'the' as follows: 'if the books are on hand to'."

72

JOURNAL OF THE SENATE,

The committee amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 36, the nays 0.
The resolution having received the requisite constitutional majority was passed as amended.
The President announced that Senator H. Dixon Smith of the 24th district had been added to the Committee on Aviation.
Senator Durden of the lOth 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.

TUESDAY, JANUARY 24, 1939

73

Senate Chamber, Atlanta, Georgia,
Tue&day, January 24th, 1939. The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President. Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business during the first part of the period of unanimous consents:
l. Introduction of bills and resolutions.
2. Reports of standing committees. 3. Second rending of bills and resolutions favorably reported.
4. First reading and reference of House bills and resolutions. 5. Putting on passage bills and resolutions ready for third reading. The consent was granted. The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
bills of the House, to-wit:
By Mr. Pilcher of Warren-
House Bill No. 3. A bill to amend the charter of the City of Warrenton.
By Mr. Franklin of Polk-
House Bill No. 56. A bill to amend the charter of the City of Rockmart; to provide for election of councilmen by wards.
By Mr. Franklin of Polk-
House Bill No. 61. A bill to amend the charter of the City of Rockmart; to provide time for the election of a mayor and councilmen.
By Mr. Franklin of Polk-

74

JOURNAL OF THE SENATE,

House Bill No. 69. A bill to amend the charter of the City of Rockmart; requiring candidates for mayor or council to register with the clerk.
By Mr. Franklin of Polk-
House Bill No. 70. A bill to amend the charter of the City of Rockmart; to prescribe the hours of opening and closing polls in city dections.
By Mr. Lovett of Laurens-
House Bill No. 72. A bill to amend the charter of the City of Dublin; repealing the civil service provision.
By Mr. Branch of Tift-
House Bill No. 77. A bill to amend the charter of the City of Tifton; to authorize construction of a sewage disposal plant.
By Messrs. Graham and Blease of Brooks-
House Bill No. 87. A bill authorizing City of Quitman to levy additional ad valorem tax for school purposes.
By Messrs. Merritt, Bloodworth and Grice of Bibb-
House Bill No. 91. A bill confirming action of mayor and council of Macon in condemning and closing a certain alley.
By Mr. Yawn of Dodge-
House Bill No. 141. A bill amending the charter of the City of Ea&tman; relating to city manager.
By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 145. A bill amending the charter of the City of Macon; to provide for zoning ordinances, and increasing salary of mayor; and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 153. A bill amending an Act creating the board of commissioners of roads and revenues for McDuffie county.
By Mr. Evans of McDuffie-
House Bill No. 154. A bill authorizing ordinary to pay premiums on official bonds of county officers of McDuffie county.
By Mr. Evans of McDuffie-
House Bill No. 155. A bill repealing Act consolidating offices of treasurer and clerk of Superior Court of McDuffie county.
By Mr. Evans of McDuffie-

TUESDAY, JANUARY 24, 1939

75

House Bill No. 156. A bill creating board of commissioners of roads and revenues of McDuffie county.
The following bills of the Senate were introduced, read the first time and referred to committee:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 32. A bill to provide that bonds and other obligations issued by any public housing authority when secured by pledge of annual contributions shall be security for all public deposits; and for other purposes.
Referred to Committee on State of Republic.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 33. A bill to amend an Act entitled "Housing Co-operation Law" to provide for further co-operation between a state public body and a housing authority; and for other purposes.
Referred to Committee on State of Republic.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 34. A bill to amend an Act entitled "Housing Authorities Law" and to re-define "governing body" and "area of operation"; and for other purposes.
Referred to Committee on State of Republic.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 35. A bill to declare valid and legal the establishment and organization of housing authorities, all bonds, notes, contracts, agrt'ements, obligations and undertakings of such housing authorities; and for other purposes.
Referred to Committee on State of Republic.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 36. A bill validating, ratifying, approving and confirming certain bonds and other instruments or obligations heretofore issued and proceeding heretofore taken by any state authority; and for other purposes.
Referred to Committee on State of Republic.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 37. A bill authorizing cities of more than 5,000 population

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to adopt ordinances relating to repairs, closing and demolition of dwellings unfit for human habitation; and for other purposes.
Referred to Committee on State of Republic.
By Senator Holt of the 3rd district-
Senate Bill No. 38. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia to authorize all counties and municipalities and other political subdivisions of this state to refund a bonded indebtedness ; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senators Smith of the 24th, Williamson of the 13th, Sanders of the 36th and Cochran of the 23rd districts-
Senate Bill No. 39. A bill to authorize the Commissioner of Agriculture to set up and establish standard grades for fertilizer; and for other purposes.
Referred to Committee on Agriculture.
By Senator Cail of the 17th district-
Senate Bill No. 40. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 17, Paragraph 1, of the Constitution, by adding a sub-paragraph to provide that public printing of the state may be done by prison labor in the state penal institutions; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Fortson of the 50th district-
Senate Bill No. 41. A bill to amend an Act creating the Department of Public Safety by striking the words and figures "one hundred and twenty ( 120)" and substituting the words and figures "two hundred (200)"; and for other purposes.
Referred to Committee on Motor Vehicles.
The following bills of the House were read the first time and referred to committees:
By Mr. Pilcher of Warren-
House Bill No. 3. A bill amending the charter of the City of Warrenton; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Franklin of PolkHouse Bill No. 56. A bill to amend the charter of the City of Rockmart; and
for other purposes.
Referred to Committee on Municipal Government.

TUESDAY, JANUARY 24, 1939

77

By Mr. Franklin of Polk-
House Bill No. 61. A bill to amend the charter of the City of Rockmart so as to provide time for the election of a mayor and councilmen; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Franklin of Polk-
House Bill No. 69. A bill to amend the charter of the City of Rockmart; to require candidates for mayor or council to register with the clerk; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Franklin of Polk-
House Bill No. 70. A bill to amend the charter of the City of Rockmart; to prescribe the hours of opening and closing polls in city elections; and for other purposes.
Referred to Committee on Municipal Governmellt.
By Mr. Lovett of Laurens-
House Bill No. 72. A bill to amend the charter of the City of Dublin; repealing the civil service provision; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Branch of TiftHouse Bill No. 77. A bill to amend the charter of the City of Tifton; to
authorize construction of a sewage disposal plant; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Graham and Blease of BrooksHouse Bill No. 87. A bill authorizing the City of Quitman to levy additional
ad valorem tax for school purposes; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Merritt, Bloodworth and Grice of BibbHouse Bill No. 91. A bill confirming action of mayor and council of Macon
in condemning and closing a certain alley; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Yawn of DodgeHouse Bill No. 141. A bill amending the charter of the City of Eastman;
relating to city manager; and for other purposes.
Referred to Committee on Municipal Government.

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By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 145. A bill amending the charter of the City of Macon; to provide for zoning ordinances, and increasing salary of mayor; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Evans of McDuffie-
House Bill No. 153. A bill amending an Act creating the board of commissioners of roads and revenues for McDuffie county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Evans of McDuffie-
House Bill No. 154. A bill authorizing the ordinary to pay premiums on official bonds of county officers of McDuffie county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Evans of McDuffieHouse Bill No. 155. A bill repealing an Act consolidating offices of treasurer
and clerk of Superior Court of McDuffie county; and for other purposes.
Referred to Committee on Uniform Laws.
By Mr. Evans of McDuffieHouse Bill No. 156. A bill creating a board of comm1sswners of roads and
revenues of McDuffie county; and for other purposes.
Referred to Committee on Counties and County 1\llatters.
Mr. Redman of the 26th district, chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President: Your Committee on Motor Vehicles have had under consideration the follow-
ing 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. 14. Do pass, as amended by the committee.
Respectfully submitted,
Redman of 26th district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report: Mr. President:
Your Committee on Amendments to the Constitution have had under consid-

TUESDAY, JANUARY 24, 1939

79

eration the following resolutions of the Senate and have instruced me as chairman to report the same back to the Senate with the following recommendations:
Senate Resolution No. 5. Do not pass.
Senate Resolution No. 9. Do pass.
Senate Resolution No. 10. Do pass.
Respectfully submitted,
Abbot of 18th district, chairman.
Mr. Durden of the lOth 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 follow-
ing 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. 3. Do pass, as amended.
Respectfully submitted,
Durden of lOth district, chairman.
Mr. Howe of the 38th 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. 7. Do pass. Respectfully submitted,
Howe of 38th district, chairman.
Mr. Roy Thrasher of the 27th 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 Senate and have instructed me as chairman to report the same back to the Senate with the following recommendation:
That Senate Bill No. 25 do pass, with members of the committee reserving the right to amend on the floor of Senate.
Respectfully submitted, Roy Thrasher of 27th district, chairman.

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The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 7. A bill amending the Code with reference to the total compensation under the Workmen's Compensation Act; and for other purposes.

By Senator Dunn of the 22nd district-

Senate Bill No. 14. A bill to repeal Section 68-214 of the Code of 1933, and amend so as to advertise Georgia as the "Peach State" on motor vehicle tags; and for other purposes.

By Senator Cail of the 17th district-
Senate Bill No. 25. A bill to regulate hunting in Screven, Bulloch and Bryan counties; and for other purposes.

The following resolutions of the Senate, favorably reported by the committees, were read the second time:
By Senator Harrell of the 7th district-
Senate Resolution No. 9. A resolution proposing to the qualfied voters an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Quitman to incur additional bonded indebtedness; and for other purposes.
By Senator Harrell of the 7th district-
Senate Resolution No. 10. A resolution proposing an amendment to the Constitution; relating to the City of Quitman; and for other purposes.

The following communication from Hon. Zack Arnold, state auditor, was read:

Hon. John Spivey, President, State Senate, State Capitol, Atlanta, Georgia.
Dear Mr. President:

Atlanta, January 23, 1939.

I am today furnishing the House of Representatives with the financial information of the state for the six months ending December 31, 1938, as called for in House Resolution No. 12.

Since I believe the members of the Senate are entitled to the same information, I am filing a copy of the report with the Senate for the information of its members.
Respectfully yours,
Zach Arnold, state auditor.

TUESDAY, JANUARY 24, 1939

81

The following communication was received and read to the Senate as a matter of information:
To the Senate and House of Representatives of Georgia:
Mr. President, Mr. Speaker, and Gentlemen:
This is to notify you that the committee appointed and created by House Resolution No. 9, which is, to-wit: "Be it resolved that the Speaker of the House be empowered and directed to appoint a committee from the members of the House to make an investigation of the several state departments, the cost of operating the same and the number of employees and the salaries paid, in the interest of economy in state government. That said committee report back to the House their recommendations with reference to the operations of said departments and particularly their recommendations regarding the abolition of any department or departments, the consolidation of any department or departments, or the reduction in the number of employees of the state. That said committee be empowered to subpoena and swear witnesses, to compel testimony and to conduct hearings," has organized and is now at work pursuant to its duties under said resolution, and we hereby notify you.
First, that 414 Capitol Building is the hearing room of the committee and
will be open each day from 9 o'clock until 5 o'clock, except Saturdays, when it will
be open from 9 o'clock until 1 o'clock, and at this place Mr. Jimmy Duggan, secretary of the committee, will keep the office open and take a stenographic statement from anyone who is a member of the Senate of Georgia or of the House of Representatives, and also from any citizen of Georgia, or other person, of any matters that such person should desire to place before this committee that falls within the scope of this resolution.
This committee will not receive confidential information, and to that end all persons desiring to lay matters before this committee must give their name and address, and, if requested to do so, appear before this committee.
Second, the committee reserves the right at any time to go into executive session and to receive information that it desires to follow through without disclosing its source of .information until the proper time.
Third, each and every person IS cordially invited to be of assistance to this committee.
Fourth, the committee will convene each and every day with the exception of Saturday, and will fix its hours as far as possible not to conflict with important matters before the House of Representatives.
All hearings will be public hearings subject to the right of the committee to go into executive session.
The committee has no funds to furnish traveling expenses nor per diem to pe.FSons wishing to appear before it, but the undertaking of the committee being

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for the public good, it is the committee's hope that patriotism and loyalty to the state will avail the committee of the complete co-operation of all persons.

Respectfully submitted,

The Committee of the House of Representatives, House Resolution No. 9.

Wilmer D. Lanier of Richmond, chairman,

J. B. Carmichael of Cobb, vice-chairman.

Adopted as the policy of the committee unanimously by the committee today.

This 24th day of January, 1939.

J. H. Duggan, Jr., secretary.

The following resolution of the Senate was read and adopted:

By Senators Mavity of the 44th district, Brinson of the 42nd district, Moate of the 20th district, Brown of the 4th district and Millican of the 52nd district-

Senate Resolution No. 19.

A RESOLUTION

Be it resolved by the Senate:

That the President of the Senate be and he is hereby authorized and instructed to appoint five members of the Senate to make a thorough and complete investigation of the State Highway Department and the various units under its control. The committee to have power to subpoena witnesses, to swear witnesses, to compel the production of records, and ascertain all the facts relating to the management, control and supervision thereof, including the buying of all materials, supplies, etc., either by the Highway Department or by the State Purchasing Agent for the account of the Highway Department.

As provided for in the above resolution, the President appointed the following Senators to comprise this committee: Senators Mavity of the 44th district, Brinson of the 42nd district, Moate of the 20th district, Brown of the 4th district and Millican of the 52nd district, and Senator Brinson was named chairman of said committee.

Dr. M. L. Brittain, president of Georgia School of Technology, presented the President with a handsome gavel which was a product of the school's shop. The President in grateful words thanked Dr. Brittain and Dr. Brittain in acknowledging the thanks of the President invited all Senators to visit the school at their convemence.

Senator Lindsay of the 34th district asked unanimous consent that an editorial which appeared in the issue of the Lavonia Times, January 6, 1939, which commended the General Assembly, be read.

The consent was granted and the editorial was read.

TUESDAY, JANUARY 24, 1939

83

The following resolution of the Senate was read and adopted:
By Senators Mo<.te of the 20th district and Howe of the 38th district-
Senate Resolution No. 20. A resolution authorizing the President to appoint a committee of three Senators to investigate and inquire as to when resumption of work on certain buildings at Georgia Tech can be expected; and for other purposes.
As provided for in the above resolution, the President named Senators Howe of the 38th district, Moate of the 20th district and Millican of the 52nd district as this committe~.
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. 3. A bill to repeal the Act creating a state athletic commission; and for other purposes.
The committee offered the following amendment, by adding a new section to be known as Section 2 and read as follows: Section No. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.
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, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The Senate received a communication from His Excellency, the Governor, through Hon. Downing Musgrove, executive secretary.
Senator Durden of the lOth district asked unanimous consent that the Senate go into executive session for the purpose of considering a sealed communication from the Governor. The consent was granted.
The following communication was transmitted by the secretary to His Excellency, the Governor.

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State of Georgia
The State Senate
John W. Hammond, Secretary
Atlanta
January 24, 1939.
Hon. E. D. Rivers, Governor of Georgia, Executive Department, State Capitol, Atlanta, Georgia.
My dear Governor: Under the rules controlling executive sessions, I have the honor to report to
you that the State Senate in executive session today confirmed nominations sent to the body by you as follows:
For Assistant Attorney-General:
Hon. Broadus B. Zellars of Hart county to succeed the Hon. Marshall L. Allison of Franklin county for a term commencing February 22, 1938, and continuing at the pleasure of the Governor and the attorney-general.
This confirmation was by a vote of 45 to 0.
For Judge of the City Court of Macon:
Hon. Cecil A. Baldwin, Bibb county, for a term commencing January 1, 1939, and continuing for four years from that date.
With high respect, I am,
Sincerely yours,
John W. Hammond, Secretary, State Senate.
When the Senate was called to order after the executive session had been dissolved, by unanimous consent the following Senators were granted leave of absence: Senator Howe of the 38th district for the session of Wednesday, January 25, 1939, and Senator Moate of the 20th district for the same session.
Senator Durden of the lOth 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.

WEDNESDAY, JANUARY 25, 1939

85

Senate Chamber, Atlanta, Georgia,
Wednesday, January 25th, 1939. The Senate met pursuant to adjournment at 10 o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Chaplain. By unanimous consent the call of the roll was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
l. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported.
4. Consideration of Senate bills with House amendments.
S. First reading of House bills and resolutions. 6. Putting on passage 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 committees: By Senator Manning of the 39th district-
Senate Bill No. 42. A bill requiring a physical examination and physician's certificate before marriage; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Manning of the 39th districtSenate Bill No. 43. A bill amending Code Section 68-301 by increasing the
speed limit of certain vehicles; and for other purposes.
Referred to Committee on Motor Vehicles. By unanimous consent the following hills of the Senate were withdrawn from the Committee on the State of the Republic, read the second time, and re-committed:

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By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 32. A bill to provide that bonds and other obligations issued by any public housing authority when secured by pledge of annual contributions shall be security for all public deposits; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 33. A bill to amend an Act entitled "Housing Co-operation Law" to provide for further co-operation between a state public body and a housing authority; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 34. A bill to amend an Act entitled "Housing Authorities Law" to re-define "governing body" and "area of operation"; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 35. A bill to declare valid and legal the establishments and organization of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of such housing authorities; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 36. A bill validating, ratifying, approving and confirming certain bonds and other instruments heretofore issued and proceedings heretofore taken by any state authority; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 37. A bill authorizing cities of more than 5,000 population to adopt ordinances relating to repairs, closing and demolition of dwellings unfit for human habitation; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
By Mr. Gross of Stephens-
House Resolution No. 53. A resolution providing for a joint session of the General Assembly today at 11 :30 A. M., for the purpose of hearing a message from His Excellency, the Governor.

WEDNESDAY, JANUARY 25, 1939

87

By Mr. Gross of Stephens-
House Resolution No. 54. A resolution providing that a committee of escort be appointed, three on the part of the House, and two on the part of the Senate, to escort His Excellency, the Governor, to the joint session of the General Assembly.
The Speaker has appointed as a committee of escort on the part of the House the following members of the House, to-wit:
Messrs. Parker of Colquitt,
Yeomans of Wayne, and
Yawn of Dodge.
The following resolutions of the House were read and adopted:
By Mr. Gross of Stephens-
House Resolution No. 53. A resolution providing for a joint session of the General Assembly at 11 :30 A. M., this day, for the purpose of hearing an address by His Excellency, the Governor.
By Mr. Gross of Stephens-
House Resolution No. 54. A resolution providing that three from the House and two from the Senate be appointed by the presiding officers of each house, respectively, to escort the Governor to the hall of the House.
The President appointed as a committee:
Senators Fortson of the 50th district, and
Cloud of the 19th district.
The following privileged resolution was read and adopted:
By Senator Kelley of the 30th district-
A resolution extending the privileges of the floor to Hon. T. S. Mason of Hartwell, Georgia.
The following resolution was read and ordered to lie on the table for one day:
By Senator Nix of the 32nd districtSenate Resolution No. 21. A resolution directing the revenue commtsswner to
furnish information with reference to deductions allowed corporations, firms and persons; and for other purposes.
Mr. Holt of the 3rd 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

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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. 4. Do pass, by substitute. Senate Bill No. 29. Do pass.
Respectfully submitted,
Holt of 3rd district, chairman.
Mr. McGinty of the 43rd 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. 31. Do pass.
Respectfully submitted,
McGinty of 43rd district, chairman.
Mr. Millican of the 52nd 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 considera-
tion Senate Bill No.8, by Senator McCranie of the 48th district, and have instructed me as chairman to report the same back to the Senate with the following recommendation:
That the said bill do pass. Respectfully submitted, Millican of 52nd district, chairman.
Mr. 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 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. 23. Do pass. House Bill No. 34. Do pass, as amended. House Bill No. 35. Do pass.
Respectfully submitted, Lindsay of 34th district, chairman.

WEDNESDAY, JANUARY 25, 1939

89

Mr. Warnell of the 1st 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. 22. Do pass.

Respectfully submitted, Warnell of 1st district, chairman.

Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 154. Do pass. Senate Bill No. 17. Do pass. Senate Bill No. 40. Do pass.
Respectfully submitted, Sanders of 36th district, chairman.

Mr. Don B. Howe of the 38th 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 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. 12. Do pass. Senate Bill No. 26. Do pass. Senate Bill No. 27. Do pass.

Respectfully submitted, Howe of 38th district, chairman.

Mr. Dunn of the 22nd district, chairman of the Committee c.n Uniform Laws, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Uniform Laws 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. 16. Do pass.
House Bill No. 155. Do pass.
Respectfully submitted,
Dunn of 22nd district, chairman.
The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Millican of the 52nd district-
Senate Bill No. 4. A bill regulating the sale of barbituric acid preparations; and for other purposes.
By Senator McCranie of the 48th district-
Senate Bill No. 8. A bill amending an Act of 1938 by allowing county commissioners of Dodge county to employ a regular clerk; and for other purposes.
By Senator Manning of the 39th districtSenate Bill No. 12. A bill to provide for the filing of a lis pendens in the office
of the clerk of the Superior Court in all suits; and for other purposes.
By Senator Howe of the 38th districtSenate Bill No. 16. A bill repealing an Act of February 22, 1933, so as to
increase the number of terms of Haralson Superior Court; and for other purposes.
By Senators Padgett of the 6th and Harrell of the 7th districts-
Senate Bill No. 17. A bill amending an Act providing for the election of the Judge of the County Court of Echols county; and for other purposes.
By Senators Jordan of the I5th, Padgett of the 6th, Dawson of the 2nd, Sears of the 5th and Brown of the 4th districts-
Senate Bill No. 22. A bill defining the words "crops" and 'growing crops" as now existing and providing that naval stores operators and producers of turpentine products shall be known and designated as "farmers"; and for other purposes.
By Senator Lindsay of the 34th districtSenate Bill No. 23. A bill amending the 1933 Code by providing authority to
counties to levy a tax to provide medical or other care for the indigent sick; and for other purposes.
By Senators Harrell of the 7th and Brooks of the 8th districts-

WEDNESDAY, JANUARY 25, 1939

91

Senate Bill No. 26. A bill amending the 1933 Code relative to limitation of actions on bonds of collecting officers or officers to hold public funds, or banks or depositories; and for other purposes.
By Senator Abbot of the 18th district-
Senate Bill No. 27. A bill amending the 1933 Code to provide for verdicts and judgments in divorce cases by default at first terms of court; and for other purposes.
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the 3rd districts-
Senate Bill No. 29. A bill to prohibit a license to practice medicine in the state to any person not born or naturalized in the United States; and for other purposes.
By Senators Brooks of the 8th and Harrell of the 7th districts-
Senate Bill No. 31. A bill making it unlawful for any person to sell livestock without furnishing a bill of sale describing the animal; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 40. A bill proposing an amendment to the Constitution providing that public printing of the state may be done by prison labor in the state penal institutions; and for other purposes.
The following bills of the house, favorably reported by the committees, were read the second time:
By Mr. Bennett of Ware-
House Bill No. 34. A bill repealing an Act approved August 27, 1931, entitled an Act to provide for the assurance, registration and transfer of land titles and interest therein; and for other purposes.
By Messrs. Bennett and Williams of Ware-
House Bill No. 35. A bill amending an Act entitled "Homestead Exemptions from taxes", Georgia Laws 1937-38, Page 145, so as to further define the term "Homestead"; and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 154. A bill authorizing the ordinary of McDuffie county to pay premiums of the official bonds of the various officers of McDuffie county; and for other purposes.
By Mr. Evans of McDuffieHouse Bill No. 155. A bill repealing the Act consolidating the offices of clerk
of Superior Court and county treasurer of McDuffie county; ami for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:

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Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, as amended, to-wit:
By Senator Lindsay of the 34th district, Senator Durden of the lOth district, and Senator Brooks of the 8th district-
Senate Bill No. 1. A bill to be entitled an Act creating the State Hospital Authority, conferring powers and imposing duties on the authority; and for other purposes, was now taken up for the purpose of considering the following House amendments, to-wit:
Mr. Sams of DeKalb moves to amend Senate Bill No. 1 by striking from
Section 5 the following language at the end of the first sentence thereof:
"Any institution under the control of the State Board of Public Welfare or any other state agency or department" and substitute in lieu thereof the following:
"Milledgeville State Hospital or any institution erected in Baldwin county, Georgia, to be used as a sanitarium at or near the present location of the Milledgeville State Hospital."
Mr. Sams of DeKalb moves to amend amendment by striking the words "Milledgeville State Hospital or".
Mr. Harris of Richmond moves to amend Senate Bill No. 1 by striking from
Section 5, on page 5, in line 6, the following sentence:
"Such bonds and the income thereof shall be exempt from all taxtion within the state."
Mr. Sams of DeKalb moves to amend Senate Bill No. 1 by striking from Se.c-
tion .5 and from the bill wherever same appears, the figures and words "six per
cent per annum" and by substituting therefor four and one-quarter per cent per annum, so that only a maximum of four and one-quarter per cent per annum shall be legally authorized paid on said revenue bonds.
Messrs. Edwards of Lowndes, Scott of Thomas, Atkinson of Chatham, Lanham of Floyd and Gross of Stephens move to amend Senate Bill No. 1 as follows:
By adding after the words "Revenue Bonds" in line 3 of Section 5 the words
"but in no event to exceed the total sum of three million dollars" so that the said section shall read:
"Section 5. Revenue Bonds.-The authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the Issuance of negotiable revenue bonds, but in no event to exceed the total sum of three

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million dollars, of the authority for the purpose of paying any part or all of the costs", etc.
Senator Lindsay of the 34th district moved that the Senate disagree to all of the House amendments and that a committee of conference bt> appointed by the President to confer with a like committee on the part of the House.
Senator Abbot of the 18th district called for a division of the question and the call was sustained. The motion of Senator Lindsay to disagree to all amendments prevailed and the amendments were considered separately and the Senate disagreed to all of the House amendments.
As provided for in the motion of the Senator of the 34th district, the President appointed Senators Harrell of the 7th district, Lindsay of the 34th district and Durden of the lOth district as 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. 1.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The Speaker has appointed as a conference committee on the part of the House to act with a like committee on the part of the Senate, to consider adjustment of the differences between the House and Senate on Senate Bill No. 1, the following members of the House, to-wit:
Messrs. Atkinson of Chatham,
Bennett of Ware, and
Sams of DeKalb.
Senator Durden of the lOth district asked unanimous consent that when the joint session of the General Assembly be disssolved today that the Senate stand adjourned until 10 o'clock tomorrow morning and the consent was granted.
The hour having arrived for the joint session of the General Assembly, as provided for in a previously adopted joint resolution, the President of the Senate accompanied by the Secretary and the members of the Senate, repaired to the hall of the House of Representatives.
The President called the joint session of the General Assembly to order.
The Secretary read House Resolution No. 53, which provided for the joint session of the General Assembly.
The joint committee appointed by the presiding officers of the respective houses escorted His Excellency, The Governor, to the Speaker's stand.
The President of the Senate presented the Governor to the General Assembly and the Governor's address was as follows:

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Mr. President, Mr. Speaker, Ladies and Gentlemen of the Assembly:
I want to express my own gratitude, and the appreciation of the people of Georgia, for the promptness, seriousness and sincerity with which you have organized and entered upon the dispatch of your duties at this session. I want to congratulate you further upon the splendid selection of officials and the fine committee assignments of the presiding officers.
The editorial comment of the press of the state is almost universally commendatory of the fine beginning you have made. I hope, and predict, that at the close of the session you will have so courageously and intelligently met and solved the legislative problems of the state government that the people and the press will have cause to commend your entire session as they have its beginning.
This is no time for demagoguery or the bitterness of partisanship. It is no time for political bickering or factional jockeying for political position. Both you and I, for the moment, are the custodians of the hopes and ambitions, the happiness and welfare of the people of this great state. We sought our respective positions of responsibility with a full knowledge of the problems involved. The least we can do to justify our tenure in office is to work together in a spirit of mutual helpfulness to attain a greater goal for Georgia. I pledge you my whole-hearted support and co-operation to that important end. Co-operation is not a one-way street, it involves both giving and receiving. One has no right to expect to receive co-operation unless he gives co-operation. Therefore, I am fully and freely giving you my co-operation to the end that I may thereby merit your co-operation.
Looking to this session, I invited each member of the Assembly, without regard to faction or views, to sit in a full-day conference with me and other members prior to the convening of thii session in order that we might talk out, in as great detail as possible, the problems facing the state government and this session of the Assembly. The vast majority of you came, at your own expense, and I received great good, as I believe you did, from those conferences. I am sorry some were prevented from providential and business reasons from attending. I know you were with us in spirit. And I want to officially recognize the patriotism and sacrifice of those members of this Assembly who came to Atlanta and attended these conferences in preparation for this session. The people of the state have every reason to have confidence in men and women who so diligently and sacrificially seek to improve their services to the people.
The greater part of my background in public service is clustered about the walls of this hall and the Senate chamber across the corridor. From my service here, and there, I think I know both the heart throbs and the hazards of a Georgia General Assembly. My understanding, through my service in this body, has caused me, and now causes me, to feel re-enforced in my work as Governor when you are in session. My sole objective is to increase the income and improve the well being of our people. Your objective is the same. With such mutual objectives, there should be no incentive lurking in our hearts save striving to best agree in the attainment of these prime purposes.

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During my first term as Governor I have worked hard, night and day, to try to make you and the people of Georgia a good Governor. What has been done in the state government during this period of time can, and should be, appraised by the people's representatives. Whatever mistakes have been made should be diligently pointed out and as diligently corrected.
I congratulate you upon the appointment of committees to canvass the various departments of our state government with a view to effecting any economies that can be made without sacrificing essential governmental services. I assure you, as your Governor, I shall stand shoulder to shoulder with you in effecting any further economies in the administration of the state government that in your wisdom you feel is for the best interest of this state and our people.
My first term as Governor has been a most strenuous one. With the help of the 1937-38 Assembly, we have sought in two years to overcome much of the neglect of several decades. A perusal of the Acts of the 1937 Assembly, the constitutional amendments voted in the June election in 1937, and the Acts of the special session of 1937-1938, reveals a vivid picture of the tremendous administrative task devolved upon us during the past two years. Instead of detailing even in a general sort of way the setting up and functioning of these splendid governmental services during the past two years in this message, I will work with your committees appointed for the purpose of canvassing the administration during this period and furnish them any and all information they may think relevant to a thorough understanding of what has been done during this period. I know we have made great strides forward and that Georgia and our people have advanced far along fundamental lines during the past two years.
This is especially true in giving an impetus to the incentive for home ownership, by lifting the burden of taxation from the home owner and the household and kitchen furniture people; in public health; in education; in social security; in the conservation o~ our soil and other natural resources; in the planning and building of highways; in the protection of life on the highways ; in planning and co-ordinating the governmental activities for the future development of the state; and in uniting with our sister states in a regional effort to advance our state and section in the eyes of the nation.
In addition to detailing these efforts to the proper committees of the Assembly, I will transmit to the Assembly from time to time detailed written reports from each department of the state government, which you will have an opportunity to study in segregated fashion, not only as a matter of information as to what has been done, but to enable you to determine what should be done with respect to these activities in each instance in the future.
ECONOMY
We are all undertaking to extend economy m the administration of the state government to the utmost possible degree compatible with efficient service to the people. I am glad you are making a serious study along this line at the very outset of the session.

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However, regardless of the effort you make, regardless of the effort I make, and regardless of the effort the heads of the departments of the state government make, to this end, we cannot attain the economy and efficiency in the state government to which the taxpayers in this state are entitled until the Assembly enacts some definite and effective form of merit or civil service system for employing people in the state government. The state Democratic platform of 1936 urged the passage of such a law. I urged it in my message to both the regular and special sessions of the 1937-1938 Assembly. The herculean tasks before the Assembly during the past two years were such that this measure could not be given as serious study as was essential to secure its passage, although it did pas~ the Senate, both at the regular and the special sessions, during 1937-1938. The state Democratic convention of 1938 again wrote the merit or civil service law into the platform and, on this, my first, message to the Assembly of 1939 I wish to emphasize that no adequate attainment of economy and efficiency in the state government is possible, in my opinion, until the enactment of this law. Personally, I think the law should apply to every employee now with the state government, on a competitive basis, the same as those asking employment in the future. I think that only manual laborers1 temporary employees, and policy-determining sub-heads of departments should be excepted from such a law. However, any form of merit system that you may authorize to be set up will be a step in the right direction, and, if you do not agree with me in the extent to which the law should go, I am willing to agree with you on the extent to which you are willing to go in this field. I believe that the Assembly could evidence its good faith in seeking economies and efficiency in state government in no better way than immediately passing such a law at the very outset of this session, thereby enabling us to set it up and start it functioning while the Assembly is still in session and can have first-hand observation of its functioning from the beginning. Until such a law is passed further economies and efficiency in the state government will be only spasmodic, haphazard, and short-lived, no matter who is Governor, no matter who heads the departments and no matter who constitutes the Assembly.
You authorized us to set up the highway patrol on a merit basis through a special provision in the act creating the patrol. I point to the carrying out of the merit provisions in the functioning of the highway patrol as evidence of the effectiveness of a bona fide administration of such a system in the other departments of the state government if the Assembly will give us an opportunity to do it.
On my recent visit to Washington I was told by several senators and congressmen that they regarded it as certain that this session of Congress will require the merit or civil service system in employing people wherever federal funds are spent in the future, both strictly federal expenditures and those expenditures matched by the various states. While a merit or civil service system may have objectionable features, in my opinion the benefits far outweigh these objections. The final form of passage of the bill should be such as to reduce the objectionable features to the minimum, yet furnish a maximum opportunity for its benefits.
Finally the extent of its benefits will depend greatly upon the good faith and effectiveness of its administration. I recognize that the Assembly cannot write

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into the law the details of salary schedules, classifications and work assignment. I know that these are matters that will depend upon its administration. These are difficult problems of the administration of a merit or civil service system. However, I am willing to undertake the administration of such a system, and I assure you that every good faith will be followed in its administration. Certainly the opportunity to save this money and to secure this increased efficiency should not be denied the people of the state by failure to pass such legislation.
When the Assembly has watched our administration of the system for two years, if it has not attained the benefits claimed for it, or if, in its administration, it develops we have not been able to make its benefits far outweigh its objections, then the Assembly of 1941 can, and will, repeal it. The demand for a merit or civil service system, for economy and efficiency, will never be satisfied until it is given an opportunity to demonstrate whether it will do what is claimed for it. As soon as such an opportunity for demonstration is had, and the matter is determined on the basis of our own experience with its operation, the better position we will be in to determine our future policy with reference to the administration of the state government as to personnel.
Such a system is entitled to a friendly administration of it. Such a system installed under an administration that is unfriendly or lukewarm toward it could not have the opportunity to succeed, as if installed under an administration enthusiastically friendly toward it, as I assure you is the attitude of this state administration.
I, therefore, recommend immediate passage by the Assembly of a merit or civil service bill, in advance of any other part of the administration's program.
SERIES OF MESSAGES
Before making further direct recommendations to the Assembly, which under the Constitution I am charged with the responsibility of making from time to time during the session, I want to acquaint the Assembly in detail with the various departmental set-ups, st'rvices and expenses in the state government; the different funds collected by the state government; and the purposes to which they are devoted. In other words, before suggesting further legislation, I want a complete meeting of minds with the A&sembly on every detail of the state government, its functions and expenses.
I cannot cover these details in a single message without extending it too long. I am, therefore, going to ask your indulgence to come bef01:e you with another message, in which I will complete the analrsis of these fundamental facts and figure;. After I have done this, I want to bring you a message analyzing the budgetary position of the state government and its relationship to the governmental services we are striving to render; then make recommendations of legislation necessary to do those things essential to the progress and prosperity of our people. If you will bear in mind that this message today is not to be treated separately, but is to be treated as one of a series of messages, leading up to and including my recommendations, and that each subsequent message up to and including these recommendations

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are to be treated as a part of the whole presentation, there should be little difficulty in a final and full meeting of our minds both on the problems and their solution. I am preparing these messages in such manner as to come before you with very little delay between them in order that you may have the whole within the next few days. I am also having these messages printed for you so you may refer to any portion of them you desire from time to time.
Meanwhile, there is ample legislation in which you are interested on your own account, not strictly administrative measures, and the matter of the merit or civil service system, which I have recommended, sufficient to engage your attention until the completion of these messages, including definite recommendations.
THE BUDGET
The gross state budget of Georgia, under the present appropnat1on bill, is $47,968,256.90. This is the gross amount of money the state government would disburse if the present appropriations are paid in full. However, be it remembered that we have not, up until this time, derived sufficient revenues to pay the present appropriations in full. But, when and if paid in full, this figure of $47,968,256.90 is the gross disbursement of state funds. Of course, we clear through our state treasury certain allocated federal funds, which are not included in the $47,968,256.90. This sum is gross state funds.
Georgia has a population of approximately three and one-quarter millions people. We are the largest state east of the Mississippi river, with an area of 59,265 square miles. I want to point out a comparison of our present gross state budget with our sister states bordering Georgia, that you may see for yourself that in proportion to population, and in proportion to area, even with the expanded governmental services of this administration, Georgia is still far behind our sister states in the amount of money spent for essential state governmental services. I want to further point out that, regardless of population and regardless of area, Georgia will be spending actually less money for these governmental services than our bordering states when these appropriations are paid in full.
The state of Florida, with a population of approximately half that of Georgia, and with less area, has a gross state budget of $62,463,600.00. Florida spends approximately fifteen million dollars more for these governmental services to her people than Georgia's present state budget, when paid in full.
Alabama, with approximately a half million less population and with considerably less area, has a gross state disbursement of $57,239,498.45, or approximately ten million dollars larger budget for these governmental services than has Georgia, when our state budget is paid in full.
North Carolina, with a population about the same and an area much less, has a state budget of $74,969,901.00, or more than twenty-seven million dollars greater than Georgia's present state budget, when paid in full.
Tennessee, with about a half million less population, and a much smaller

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area, has a gross state budget of $53,238,164.00, or approximately six million dollars greater than our state budget when paid in full. And speaking of economy;
We are making our money go farther in Georgia, than in any state in the nation. The eyes of the whole country are today focused on Georgia because of the rapid and progressive strides we have made in the past two years. They all marvel at the manner in which we are going forward with what funds we appropriate in comparison with what they appropriate.
South CaroliEa, with approximately one-half the population, and approximately one-half the area, has a state budget of $47,974,241.66 nearly six thousand dollars more for these services than our state budget provides when paid in full.
This conclusively shows that, even with the expanded program of this administration, our sister adjoining states of less population and less area are still in advance of our own state in these services furnished our people. It shows that our present state program is very reasonable and conservative indeed. It is asinine for political propagandists, in order to further their selfish ambitions, to strive to confuse and mislead our people into believing the program we are undertaking is either extravagant or extreme. It is a tribute to the intelligence and patriotism of our people, that, regardless of these demagogic efforts, they are standing steadfast to accomplish this program for their benefit which at least measures toward the benefits accorded the people of our sister states.
We all know that when we deny our own people such fundamental governmental services, as health, education, natural resources, conservation, and social security, in comparison with that furnished their people by our sister states, we give them a tremendous advantage over us in happiness, in progress, and in prosperity. It costs us a hundred-yes, a thousandfold-in the income and earning power of our people, in comparison with the revenue necessary to put us on a parity with these sister states in these services.
While, in our pre-legislative conferences, and in my inaugural address, I have analyzed in generalities the state budget, I want now to analyze it in accurate detail. Our $47,968,256.90 state budget is divided into two funds;
The allocated fund of $26,955,456.90; and
The unallocated, or general, fund of $21,012,800.00. In my message this morning, I want to take up the allocated fund in accurate detail, both as relates to the state government and the local governments, and give you a complete analysis of it. Then in my next message I want similarly to analyze the general fund.
Accurately, the $47,968,256.90 that constitutes our present state budget, when paid in full, the allocated fund totals $26,955,456.90. While the general public has come to look upon this $26,955,456.90 as an expense of the State government, in point of fact, $14,960,452.31 of these allocated funds go in direct benefits to the subdivision of the state, and are not spent for state purposes, but are utilized for local purposes. The State government actually spends for state governmental services only $11,995,004.59 of this allocated fund carried in the state budget;

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and of this amount $781,302.00 is sent direct to the Ordinaries in fixed amounts for Confederate pensions. In totaling the net state budget of many of the states, we find they do not carry the money sent direct to the subdivisions, but only those net sums actually expended by the state for state services. Therefore, in reckoning with many of the state budgets, there would be carried in their net state budget not the $26,955,456.90 we carry, but the part thereof used strictly for state governmental services which is $11,995,004.59.
I doubt if the average citizen of the state realizes the extent to which the funds collected by the state are actually expended not by the state, but by the local governments.
Here are the items of our allocated fund that go directly to the benefit of the local subdivisions:
(a) $3,148,704.70 of the state allocated fund goes in direct lump-sum payments to the counties to aid in the maintenance of their secondary roads; this is derived from one cent per gallon gasoline tax, and is distributed on the basis of the state-aid road mileage in each county.
(b) $2,678,193.31 of the gasoline tax money is sent in lump sums to the counties to repay the county road bonds.
(c) $3,075,536.44 is paid directly in lump sums to the various counties of the state on state highway contracts with the counties to assist them in maintaining their prisoners.
Thus, it must be borne in mind that the $26,955,456.90 allocated fund carried in the state budget, actually $8,902,434.45 of this sum is not spent by the state for state services at all, but is sent in direct lump-sum payments back to the counties to help meet the fiscal obligations of the county governments.
(d) Of this state allocated fund $3,475,360.82, derived from the one cent per gallon gasoline tax and the kerosene tax, is sent in lump sums to the county and city school systems of the state as an equalization school fund.
(e) $1,378,416.00 of this allocated fund, derived from the stabilization fund, is sent in lump-sum payments to the county and city schools to help them pay their teachers' salaries.
(f) $1,204,241.04 of this allocated fund, derived from the beer tax, ($1,041,861.41), and from the wine tax, ($162,379.63), is sent back to the county and city school systems in school books.
Thus, the local schools receive $6,038,017.86 of the state allocated fund to assist them in financing and furnishing their local school services.
Adding the $8,902,434.45 sent to assist the counties in financing their county governmental services and the $6,058,017.86 sent the county and city school systems to assist them in furnishing their local school services, there is a total of $14,960,452.31 of the allocated fund in the state budget that is not spent by the

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state for state governmental services, but is used by the local subdivisions in furnishing their governmental services. This leaves an aforesaid $11,995,004.59 of the $26,955,456.90 of the allocated fund in the state budget that is expended by the state government in furnishing state governmental services. Therefore, properly speaking, the State government should be charged, insofar as the allocated fund carried in the budget is concerned, with only $11,995,004.59, because the remainder goes in the manner I have mentioned, to be used by the local subdivisions in furnishing their local governmental services.
Of this $11,935,004.59, actually spent by the State government of this allocated fund, $7,755,650.89 is spent by the Highway Department. An analysis of this figure actually spent by the Highway Department is as follows:
After deducting the gasoline tax money that goes to the counties on state highway contracts to support their prisoners, the gasoline money that goes to the counties on the basis of their state highway mileage to help them maintain their secondary road system, the gasoline tax that goes to repay the county road bonds, and the gasoline tax that goes to the school equalization fund, the Highway Department has left from the gasoline tax $6,029,390.73.
In addition to that, the Highway Department received $26,081.73 from the motor carriers mileage tax; $2,304.79 from the rolling store tax; $1,347,902.37 from the motor vehicle license tax; $331,017.96 from the bus and truck maintenance tax; and $18,953.31 from the motor carriers fees collected by the Public Service Commission; making an additional aggregate of $1,726,260.16 from these sources; added to the $6,029,390.73, gives the Highway Department this total of $7,755,650.89.
(It must be remembered that during this fiscal year the Highway Department will not receive the $26,081.73 from the motor carriers mileage tax, because that has been repealed; nor will it receive the $331,017.96 from the bus and truck maintenance tax, because that has likewise been repealed. In other words, these two repealed items, totaling $357,099.69, will be deducted from the Highway Department funds, as well as the total allocated funds, this fiscal year. However, I am reckoning in this message with the allocated funds on the basis of the normal fiscal year.)
Here is what the Highway Department does with its $7,755,650.89 of the allocated moneys: It spends $2,138,968.54 in maintaining the approximate 11,000 miles of roads in the state highway system. The administrative expense of the department is $683,479.46; and the planning survey expense is $244,306.09. These three items of maintenance, administrative expense and planning survey expense total $3,066,754.09. These items, subtracted from the $7,755,650.89, leave the Highway Department $4,688,896.82 with which it matches the federal aid allotted to the state each year; constructs state aid roads not in the federal aid system; and constructs post roads.
(It may be well here to take cognizance that much publicity has been given to the fact that the Highway Department last year constructed $21,153,831.56 worth of roads. The average citizen might take this to mean that this was a

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normal year's construction for the Highway Department. The fact is that in
that figure of ~j21,153,831.56 is included the $3,075,536.44 which the Highway
Department paid to the counties on construction contracts to support their prisoners, which, when deducted, left a total construction program by the department of
$18,078,295.12, which, within itself, is a tremendously abnormal expenditure for
the Highway Department in any one year. This was made possible by the fact
that there was brought forward in the Department last year $4,432.644.81 of state funds. The department received $1,374,408.00 from the sale of Western and Atlantic Railroad rental certificates it held. It received 100% federal funds of an
unexpected balance due the state on a federal emergency appropriation for roads a few years ago under the National Recovery Highway Program and the WPA,
which did not require matching, $4,922,908.20. These funds were abnormal and
will not be available again in the normal functioning of the department. Added
to them was the normal state and federal funds for construction of $7,290,413.19,
which made possible the huge construction program last year. I detail this explanation in order that there may be reconciled the abnormal program of last year, made possible in this manner, that is not possible m the normal functioning of the department.)
As I have detailed, of the $11,995,004.59 of the allocated fund in the state budget actually spent by the state for state governmental services, $7,755,650.89
is spent by the State Highway Department in the manner in which I have outlined.
This leaves $4,239,353.70 of the allocated fund spent by the state, which is divided
into two categories:
First: The funds set aside for various purposes from the revenue of the state; and
Second: The funds that are collected by the agencies themselves, specifically for their use.
I will first take up the funds set aside from the revenue of the state, which
amounts to $2,724,395.59:
1. The largest item in this group is $781,302.00, derived from cigar and
cigarette tax money, set aside for the payment of Confederate pensions. While this item is appropriated to the Welfare Department, and may be construed as a quasi-allocation, for the purpose of detailed accuracy, I have included it as strictly an allocated item and carry it in that manner for the purpose of analyzing the state budget to you in accurate detail. I will reconcile its being carried as an allocation by an adjustment in the Welfare Department regular appropriation when I come to discussing that item with you in my next message. I might also add that
in this fiscal year, instead of this item of Confederate pensions being $781,302.00, it
will be approximately a million dollars because of the full fiscal year payment of the additional widows, authorized by legislative act to receive pensions. This act
added 1261 widows to the payroll.
2. The next largest item in this category is the $640,000.00 set aside annually for payment of one half of the $200,000.00 state bonds due each year, and the

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redemption of the $450,000.00 Western and Atlantic Railroad rentals, which were discounted and fall due $45,000.00 monthly. The funds thus set aside are derived from the bond levy on property amounting to $100,000.00 annually, and the $540,000.00 annual rent for the Western and Atlantic Railroad. This item may likewise be termed a quasi-allocation. But we are treating it as in the allocated fund.
3. Another item in this category is the $420,245.95 set aside for operations of what is now the Department of Revenue to bear the administrative expense of the collection of taxes by the state. We are striving to keep these collection expenses within the intended limitation of the Assembly. How well we have succeeded, is illustrated by the following break-dowP.. of funds derived by percentages from several sources as authorized by law:

Chain store tax.................................................................................... $ 10,612.50

Cigar and cigarette tax...................................................................... 121,700.00

Kerosene tax ...................................................................................... 1,091.75

Malt beverage tax ............................................................................ 31,255.87

Motor carriers mileage tax.............................................................. 1,422.82

Motor fuel tax.................................................................................... 93,118.59

Rolling store tax ................................................................................

23.28

Wine tax ............................................................................................ 4,860.06

Income tax ........................................................................................ 156,161.08

TotaL........................................................................................... $420,245.95
It is to be noticed in the above, that principally the funds thus retained for operations of the Revenue Department are from the funds set aside for special purposes; the general fund of the state receiving little or no benefit from the funds thus collected. Therefore, rightfully as well as legally these funds should bear their part of the collection expense.
4. The fourth item in this category is the stabilization fund derived from the 10% deduction of state revenue receipts from January 1, 1938, through December 31, which netted $518,940.00 after taking into consideration the $1,378,416.00 paid to the local schools for their teachers, as set out previously in this message. $311,896.73 of the funds thus allocated was used to replace, in a small part, the reduction enforced on general fund appropriations, because of the deficiency in available funds, as follows: $108,700.00 was paid to the Department of Health and Tubercular Sanatorium; $42,720.00 was paid to the Board of Penal Administration; $61,200.00 was paid to the Public Welfare Department; $48,000.00 was paid to the University System to apply on their appropriation for buildings and equipment; and $51,276.73 was paid in small amounts on the appropriation of several other state agencies, as detailed in the State Auditor's report. A balance of $207,043.27 in the stabilization fund remained on hand June 30, 1938.
5. Included in this category of the allocated funds is $141,939.88 derived from the chain store tax, and set aside to the account of the state eleemosynary institu-

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tions to bear in part the cost of the much-needed repairs and equipment at the various institutions, such as the Milledgeville State Hospital, the School for the Mental Defectives at Gracewood, et cetera.
6. Two other items in this category for the past fiscal year are $20,000.00 set aside from the contractors' board fees for the benefit of the Herty Foundation for research in the field of manufacturing paper from slash pine, and $200,000.00 set aside from the fuel oil tax allocated to the State Highway Department for the State Board of Penal Administration, to be used to purchase, build or buy the necessary buildings and equipment at the new Tattnall Prison. The latter item will be entirely eliminated from future allocations. The former item will be eliminated in the future unless reallocated by this Assembly for that purpose.
7. The last small items making up the remainder of this $2,724,395.59 are: The land title registration fund in the state treasury of $108.18 and the national forest fund of $1,859.58, which is transmitted through the state by the federal government for distribution to the civil division in which the national parks are located. These items really should not be carried in our state allocated funds because they are federal funds. But we find them charged that way.
(I have not included in this summary $292,451.80, which clears through the treasury as a grant made by the federal government for the maintenance and support of the Bureau of Unemployment Compensation, in the Department of Labor, because the state does not furnish this fund and does not have any jurisdiction over it, other than to see that it reaches the proper agency.)
Summarizing to this point: Remembering that the total allocated funds in the state budget amount to $26,955,456.90; and remembering that of this amount $14,960,452.31 goes directly to the subdivisions of the state for local governmental services, leaving only $11,995,004.59 of the allocated fund in the state budget that is spent for state governmental services; and remembering of this $11,995,004.59 spent by the state government $7,765.650.89 is spent by the Highway Department; and that $2,724,395.59 is accounted for in the foregoing enumerated items; we have thus accounted for $25,440,498.79 of the total allocations of $26,965,456.90; this leaves $1,514,958.11 of the total allocated fund to be accounted for. This balance constitutes the item aforementioned of funds collected by agencies themselves for their own use. It will thus be noted that the total amount of funds in the state budget collected by boards and bureaus for their own use is $1,514,958.11, or 5% of the total allocated fund in the state budget.
$1,395,315.16 of the $1,514,958.11, or 4.6% of these funds collected by agencies specifically for their own operations, is for the operations of the agricultural department, banking department, fire marshal division of the comptroller general's office, State Industrial Board, Public Safety Department, Public Service Commission, wildlife division of the Natural Resources Department and the securities, building and loan and corporations divisions of the secretary of state's office; that $45,000.00 is allocated to the radio commission for developing radio station WGST; leaving only $119,642.95, or less than .4 of 1% of the total allocated funds in the state

WEDNESDAY, JANUARY 25, 1939

105

budget as being set aside for the operations of the 21 various remammg boards and commissions. The $50,000.00 allocated to the radio commission came not from any tax source, but from forfeiture of a contractual deposit posted by a would be purchaser of certain lease rights on state property, who failed to finally secure the lease-$5,000.00 of the $50,000.00 thus allocated went into the stabilization fund, and the remaining $45,000.00 remains with the commission to develop the state's radio station WGST. There will be no future allocation of thi~ amount to this commiSSion. I will give a report on the progress of this commission in a later message.
To complete the analysis of the uses of the allocated funds collected by agencies specifically for their own operations, I will discuss first the $1,395,315.16 allocated to the several departments of state from the funds collected by them:
1. The main department in this category from a monetary standpoint is the Department of Public Safety, which began its operations in July, 1937. This department remitted to the treasury within the year $590,000.00 collected by it from drivers licenses. From this $590,000.00 it refunded the $100,000.00 advance made from the general fund, as directed by the act establishing the department; from the $590,000.00 it contributed $16,920.00 to the state general fund, in accordance with the 3% provision to provide for the overhead cost of government; and from the $590,000.00 it contributed $26,000.00 to the state stabilization fund. After reckoning with these deductions, $447,080.00 was set aside for use in maintaining the state highway patrol and other services of the Department of Public Safety.
2. The Department of Agriculture from the fertilizer, feed, egg and market fees contributed $15,464.37 to the state general fund, in accordance with the 3% provision of the appropriation bill; and $1,011.02 to the stabilization fund. After these deductions, the department had set aside for its own use $399,254.35.
3. The wildlife division of the Department of Natural Resources had allocated to it a total of $176,827.17 during the year. $23,264.44 was derived from the contractors board fees, as directed by the General Assembly; and $153,562.73 was from hunting and fishing licenses after contributing $4,594.53 to the state general fund and $154.85 to the stabilization fund.
4. The Public Service Commission had $143,513.90 set aside for its use in performing its d;.!ties pertaining to the regulation of the public utility companies and the motor carriers. One of the items that make up the $143,513.90 is the $60,367.81 set aside from the assessment on public utility companies, after contributing $1,887.03 to the state general fund and after contributing $6,137.27 to the stabilization fund. The other item set aside for the Public Service Commission is the $83,146.09 from the motor carriers fees, after contributing $3,768.67 to the state general fund and $6,214.43 to the stabilization fund, and transferring $18,953.31 to the credit of the Highway Department.
5. The State Industrial Board is required, by law, to raise the funds for its operations by assessments on the industrial insurance companies writing compensation insurance, and business concerns that are self-insurers. There was raised from

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JOURNAL OF THE SENATE,

this source $110,969.35, which was paid into the treasury and set up as allocated to the Industrial Board.
6. $45,236.47 was set up as an allocation for the Banking Department, the funds being derived from bank examination fees and assessments on banks in liquidation. This department contributed $1,086.86 toward the general government cost under the 3% provision and $2,135.89 to the stabilization fund.
7. The balance of $72,433.92 of the $1,395,315.16 allocated funds set aside to the departments from fees collected by them is composed of $11,974.41 for the fire marshal's division of the comptroller general's office; $12,850.22 for the securities division; $801.00 for the building and loan division; and $1.808.29 for the corporations division; all in the office of the secretary of state, and the Radio Commission $45,000.00
This brings us down to accounting for all but $119,642.95, or less than .4 of 1% of the $26,955,456.90 of the allocated fund in the state budget. This $119,642.95, expended by 21 boards and commissions, in tabulated detail is as follows:
Boards and Commissions-$119,642.95 or 4/10 of 1% of the total allocated funds:

: "'

...

~ -~

Q.j

1-1 -

e :-:: ee ..0 ~"' ~"' "'

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o

Accountant's Board .... ----------------------- 48

Architect's Board __________ --------------------- 39

Athletic Commission -------------------------- 35

Barber Board ------------------------------------ 46

Chiropodist Board ------------------------------ 46

Chiropractor Board ---------------------------- 42

Dentist's Board ------------------------------------ 48

Embalmer's Board ---------------------------- 48

Engineer's Board -------------------------------- 42

Librarian's Board ------------------------------- 21

Medical Board ----------------------------------- 48

Milk Control Board --------------- 24

Naval Stores Inspector ------------- 2

Nurse's Board ----------------------------- 48

Optometrist Board ............... -------------- 48

Osteopathic Board ------------ 48

Pharmacist's Board --------------------------- 48

Photographer's Board ---------------- 5

Real Estate Board ---------------------------- 33 Veterinarian's Board ---------- ............... 48 Joint Secretary's Office ....................

B -c~

-."~..'.

~."..'

~'-'"3 .., QJ -

tc Q..J. oo~t:

:0.Jo"o' "g"0...:,:l

$ 265.49 77.23

383.47

2,692.71

3.54

55.70

167.39

472.30

571.95

19.68

329.64 1,225.16

75.96

837.70

104.14

10.85

409.12

60.21

1,275.00

8.67

...
c ...
e - "' c
(/l .o . QJ ~.-.c.~ (/l 1-1 u::::::::
.t:..EJ50
$ 1,008.50 296.63
9,830.38 29.66
227.40 422.68 1,483.09 2,091.15
24.70 1,080.18
2,689.33 301.56 61.79
1,263.09 412.79
3,430.87 39.55

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ClJ 5-.o

$ 1,901.01 571.14
7,666.13

18,728.91

65.80

441.90

744.03 2,786.61

3,988.40

110.62

2.012.18 39,613.02

1,153.18

5,029.92

556.30

127.36

2,345.89

842.00 6,204.13

79.07 24,693.35

TOTALS ... ----------------------------------

$9,045.91 $24,693.35 $119,642.95

WEDNESDAY, JANUARY 25, 1939

107

There is one additional board, the Contractor's Licensing Board that is not included in the above because of the $43,264.44 fees remitted to the treasury being allocated $20,000.00 to the Herty Foundation and $23,264.44 being allocated to the wildlife division of the Natural Resources Department, as heretofore set out.
This board was created for the purpose of regulating the practice of general road and street ccntracting in Georgia, with provisions for applications, examination and the issuing of certificates of license and providing for a penalty for violation of the conditions attached thereto. The law authorizes the board to license contractors at $500.00 each, licenses to expire December 31, 1937, and for a renewal license payable $100.00 annually to be collected in the future.
The act creating this agency and the general appropriation act were approved on the same date, March 30, 1937. Neither act provided an appropriation for the cost of operating the board nor has any subsequent act made such provision, although the act did provide that the appropriation to be made by the General Assembly shall be payable from funds collected under this act. To date this board has operated on fees retained from the collections in the total sum of $15,159.54 for the fiscal years 1937 and 1938. The board had a balance on hand June 30, 1938, of $7,176.02.
MILK CONTROL BOARD
This board was created by an act of the General Assembly during its regular session in 1937, to regulate the production, distribution and sale of milk. Section 24 of the act provides that it shall apply during the "emergency period", referring to the period between the time the act went into effect and August 15, 1941. However, the act operates only after a favorable referendum in each milk shed.
As authorized by the act creating it, the board has designated sixteen milk sheds or marketing areas within the state and in these areas the board has issued licenses of four types, viz: Milk store, producer, distributor, and producerdistributor. Milk store licenses issued by the board for an annual period, are fixed at $2.50, while producers, distributors and producer-distributors within the bounds of the milk sheds are assessed a monthly fee of two cents per hundred pounds of milk handled during the month.
SUPERVISING INSPECTOR OF NAVAL STORES
The supervising inspector of naval stores has general supervision and direction of all inspectors of naval stores appointed by the corporate authority court or other corporation. He has also the duty of supervision of all naval stores, plants, yards and warehouses and to see that no adulteration of naval stores is committed.
The supervising inspector of naval stores receives as his compensation one-fourth cent for each barrel of rosin or spirits of turpentine inspected; fee to be paid equally by the buyer and seller of naval stores.
STATE ATHLETIC COMMISSION
By act of the General Assembly in the regular 1937 session, the establishment of the State Athletic Commission was authorized with general powers, subject to

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JOURNAL OF THE SENATE,

the provisions of the act, to license, supervise and regulate boxing, sparring and wrestling matches and exhibitions and the participants therein.
License fees and tax : Promoters -------------------------------------------------------- $25.00 per year each Referees ------------------------------------------------------------ 10.00 per year each Contestants -------------------------------------------------------- 5.00 per year each Tax-10% of gross receipts from sale of tickets or passes to the matches or exhibitions.
OTHER BOARDS NAMED
All the other boards named are professional examining boards, similar to the Board of Bar Examiners, the cost being paid by the members of, or the applicants, for membership in, the various professions.
It will be noted that these boards and commissions, including the contractor's board, contributed $52,310.35, to the general fund, the stabilization fund, and specially allocated funds. Both this contribution, and their expense of operation, IS derived from the groups requesting their creation and maintenance.
This completes the analysis of the uses and purposes of the $26,955,456.90 allo~ated funds which pass through the state treasury as special earmarked funds for special purposes and are not available to the general fund of the state to apply in payment of the $21,012,800.00 fixed appropriation which provide for the maintenance and support of the seven months school program, the University System, the state eleemosynary institutions, the health services, the prison services, the legislative and judicial branches of our government and the several other constitutional and statutory departments of state. In my next message I will analyze in detail this $21,012,800.00 of the general fund, showing from what sources it comes, to what services it is appropriated, and by whom it is spent.
Finally, in concluding this analysis of the allocated fund in our state budget, let it be remembered that the total gross state budget, when the appropriations are paid in full, is $47,968,256.90--that the larger part of this amount is allocated. The total allocated fund is $26,955,456.90. That nearly fifteen million dollars of this amount-$14,960,452.31-is not spent by the state at all, but is simply collected by the state and sent to the county commissionen; and county and city boards of education for use by them. Nearly nine million dollars-$8,902,434.45-of this nearly fifteen million dollars is sent to the county commissioners, and is used by them in addition to the local tax they collect. If we did not collect this approximately nine million dollars by the state and send it to them, they would have to raise it by additional local taxes.
That of the nearly fifteen million dollars allocated funds shown in the state budget but used by the subdivisions, the local school boards receive $6,058,017.86. If the state did not collect this money and send it to them, the local school officials would have to levy additional local taxes on the local people to raise it.
The enemies of this program have been telling the people that Ed Rivers is

WEDNESDAY, JANUARY 25, 1939

109

s1ttmg up here in Atlanta, spending all this money, when they know that most of the money we collect is sent back to the county commissioners and county and city school boards to spend. They know if we did not collect it and send it back there, that these commissioners and school officials would have to collect it out of local ad valorem taxes. Let me further point out that when we are talking of economy that, since most of the money the state collects is sent back to the counties and local schools to spend, economy investigations and economy measures must extend to the counties ar.d local schools that spend a major portion of the money collected by the state.
Let it also be remembered that while the balance of the allocated fund not sent to the counties and local schools is approximately twelve million dollars$11,995,004.59-that nearly a million dollars of this balance is sent in lump sums to the Ordinaries to pay Confederate pensions at $30.00 per month each, fixed by law, and that there is no discretion involved in its payment to these local pensioners, either by the Ordinaries or by the state.
Let it also be remembered that of the approximately eleven million dollars of allocated money left to be spent by the state that more than seven and three-fourths millions of it-$7,755,650.89-is spent by the Highway Department in maintaining and constructing highways in every county in the state. And, if the Highway Department did not construct and maintain these highways in the counties, they would have to either go unmaintained and unconstructed, or be maintained and constructed by ad valorem taxes levied on the local people in each county by the county commissioners or Ordinaries of the counties. And that of this seven and three-fourths million dollars of allocated money spent by the Highway Department, most of it is spent on competitive bidding; the administrative expense being proportionately very small.
Let it be further remembered that in the balance of the allocated funds spent by the state arc such fixed items as payment on the public debt and discounted W. & A. rentals, and the highway patrolmen's salaries, fixed by law, which involve no discretion.
That the twenty or more boards and commissions usually heralded as evidence of extravagance, and waste, spend less than one hundred twenty thousand dollars -$119,642.95-of the $26,955,456.90-or less than four-tenths of one per cent of it-and that they get the money they spend from the groups who want them maintained.
That they furthermore contribute into the general, the stablization and specially allocated funds for other purposes $52,310.35, which would have to be raised from other sources if they did not pay it. That, if you abolished all of them, you would lessen the state budget less than one hundred twenty thousand dollars, and that would only come off of these special groups.
Please bear these facts and figures in mind, and carry them forward in your thinking into my next message. At that time we will complete the analysis.

110

JOURNAL OF THE SENATE,

Meanwhile, may God bless you in your efforts for Georgia and Georgians.
When the Governor concluded his message, Mr. Gross of Stephens moved that the General Assembly now dissolve, and the motion prevailed.
Under unanimous consent, previously granted in the Senate, before the joint session, the Senate stood adjourned until 10 o'clock tomorrow morning.

THURSDAY, JANUARY 26, 1939

111

Senate Chamber, Atlanta, Georgia,
Thursday, January 26th, 1939. The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President. Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Millican of the 52nd district asked unanimous consent that 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 uncontested local Senate and House bills and resolutions.
5. First reading of House bills and resolutions for reference. 6. 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 committees:
By Senator Nix of the 32nd district-
Senate Bill No. 44. A bill promoting the public welfare by providing for public assistance to disabled and indigent persons who are 50% disabled from earning a livelihood; and for other purposes.
Referred to Committee on Public \Velfare.
By Senators Cochran of the 23rd and Daves of the 14th districts-
Senate Bill No. 45. A bill amending an Act enabling the Highway Department to put into effect the provision of an amendment to the constitution; 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 committee:

112

JOURNAL OF THE SENATE,

By Senator Williams of the 31st district-
Senate Resolution No. 22. A resolution directing the state librarian to furnish a 1933 Code to Piedmont College; and for other purposes.
Referred to Committee on Public Library.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Boyd of Greene-
House Bill No. 2. A bill to be. entitled an Act to amend Section 34-1302 of the Civil Code, providing how and when elections shall be held; and for other purposes.
By Mr. Pilcher of Warren-
House Bill No. 4. A bill to be entitled an Act granting the county commissioners power to purchase material for public work; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 6. A bill to be entitled an Act authorizing the county commissioners of Dodge county to employ a regular clerk; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 29. A bill to be entitled an Act creating a board of commissioners of roads and revenues of the County of Johnson ; and for other purposes.
By Mr. Hardman of Madison-
House Bill No. 44. A bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues of the County of Madison; and for other purpos:>l!s.
By Mr. Clements of Marion-
House Bill No. 59. A bill to be entitled an Act repealing an Act amending an Act creating the board of commissioners of roads and revenues of Marion County; and for other purposes.
By Mr. Dickerson of Clinch-
House Bill No. 63. A bill to be entitled an Act to reduce the bond of the sheriff of Clinch County; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 88. A bill to be entitled an Act requiring Johnson County

THURSDAY, JANUARY 26, 1939

113

to pay officers of the court the cost aflowed in cases convicted and worked, or elicible for chain-gang work; and for other purposes.
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to be entitled an Act amending several Acts creating the City Court in Bartow County, by abolishing the office of solicitor and creating the office of County Prosecutor; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 97. A bill to be entitled an Act requmng Johnson county commissioners to maintain school bus routes; and for other purposes.
By Messrs. Conndl and Edwards of Lowndes-
House Bill No. 105. A bill to be entitled an Act to provide for the appointment of an official court reporter for the City Court of Valdosta ; and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 108. A bill to be entitled an Act to reduce the bond of the treasurer of Pulaski County; and for other purposes.
By Mr. Tomlinson of Echols-
House Bill No. 129. A bill to be entitled an Act to amend an Act providing for the election of Judge of the County Court of Echols County by providing the manner of filling vacancies; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 146. A bill to be entitled an Act authorizing the county commissioners of Clayton County to establish zones and regulate type of buildings used; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 187. A bill to be entitled an Act to fix the salary of the Judge of the City Court of Cairo; and for other purposes.
Mr. Brown of the 4th 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 65. Do pass.
Respectfully submitted,
Brown of the 4th district, chairman.

114

JOURNAL OF THE SENATE,

The following bills of the House were read the first time and referred to committees: By Mr. Boyd of Greene-
House Bill No. 2. A bill to amend Section 34-1302 of the Civil Code, providing how aGd when elections shall be held; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Pilcher of WarrenHouse Bill No. 4. A bill granting the county commiSSioner of any county
power to purchase material for public work; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Yawn and Wiggins of DodgeHouse Bill No. 6. A bill authorizing the county commissiOners of Dodge
county to employ a regular clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Claxton of JohnsonHouse Bill No. 29. A bill creating a board of commissioners of roads and
revenues of Johnson county; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Hardman of MadisonHouse Bill No. 44. A bill amending an Act creating the office of commissioner
of roads and revenues of Madison county; and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Clements of Marion-
House Bill No. 59. A bill repealing an Act amending an Act creating the board of commissioners of roads and revenues of Marion county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dickerson of ClinchHouse Bill No. 63. A bill reducing the bond of the sheriff of Clinch county;
and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Claxton of JohnsonHouse Bill No. 88. A bill requiring Johnson county to pay officers of the

THURSDAY, JANUARY 26, 1939

115

court the cost allowed in cases convicted and worked, or eligible for chain-gang work; and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill amending several Acts creating the city court in Bartow county; and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Claxton of Johnson-
House Bill No. 97. A bill requiring Johnson county commissioners to maintain school bus routes; and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Connell and Edwards of Lowndes-
House Bill No. 105. A bill providing for the appointment of an official court reporter for the city court of Valdosta; and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Ragan of Pulaski-
House Bill No. 108. A bill reducing the bond of the treasurer of Pulaski county; and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Tomlinson of Echols-
Hause Bill No. 129. A bill amending an Act providing for the election of judge of the county court of Echols county; and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Coogler of Clayton-
House Bill No. 146. A bill authorizing the county commissiOners of Clayton county to establish zones and regulate type of buildings used; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bell of GradyHouse Bill No. 187. A bill fixing the salary of the judge of the city court
of Cairo; and for other purposes.
Referred to Committee on Special Judiciary. The following bill of the House, favorably reported by the committee, was read the second time :

116

JOURNAL OF THE SENATE,

By Messrs. Ferguson of Camden, Gowen and Glynn and Atkinson of Chatham-

House Bill No. 65. A bill granting to the United States government easements, rights-of-way and spoil disposal areas on certain strips of marsh land in Camden county; and for other purposes.

The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

By Mr. Coogler of Clayton-
House Bill No. 211. A bill to be entitled an Act authorizing the City of Jonesboro to enact zoning ordinances; and for other purposes.

By Mr. Sapp of Coffee-
House Bill No. 212. A bill to be entitled an Act to amend the charter of Douglas by altering the city limits; and for other purposes.

The President announced the following as members of the Committee on Penitentiary:

PENTENTIARY

Groover, Chairman Moate, Vice-Chairman Hass, Secretary
Abbot Brooks Brinson Brannen Cail Causey Cloud Daves Dunn Durden Harrell Holt

Howe Ingram Lindsay Mavity New Nix Palmour Redman Sanders Sears Dixon Smith Thomason Thrasher T. D. Williams C. C. Williams

The following communication was read as a matter of information for the Senate:

THURSDAY, JANUARY 26, 1939

117

Atlanta, January 26, 1939.
Hon. John Spivey, President, Georgia State Senate, State Capitol, Atlanta, Georgia.
Dear Mr. President:
I am this day filing with the House of Representatives my answer to the House Resolution with reference to common school funds, and since I believe the members of the Senate will be interested in the information contained therein, I am handing you herewith a copy of the report to be filed with your branch of the General Assembly.
Respectfully yours,
Zach Arnold, State Auditor.
The following bill of the Senate was read the third time and put upon its passage:
By Senator McCranie of the 48th district-
Senate Bill No. 8. A bill amending the Act of 1938 to allow the county commissioner of Dodge county to employ a regular clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
This bill, having received the requisite constitutional majority, was therefore passed.
The following bills of the Senate and House were read the third time and placed upon their passage:
By Senators Daves of the 14th district, Spivey of the 16th district, McCranie of the 48th district, Smith of the 24th district, and Cochran of the 23rd district-
Senate Bill No. 13. A bill amending the Neill-Traylor 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.
Upon the passage of the bill, the ayes were 35, nays 0.
This bill, having received the requisite constitutional majority, was therefore passed.
By Senator Howe of the 38th district-

118

JOURNAL OF THE SENATE,

Senate Bill No. 16. A bill increasing the number of terms of the superior court of Haralson county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the ayes were 37, nays 0.
This bill, having received the requisite constitutional majority, was therefore passed.
By Senators Padgett of the 6th district and Harrell of the 7th district-
Senate Bill No. 17. A bill providing the manner of filling vacancies in the office of the judge of the county court of Echols county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the ayes were 35, nays 0.
This bill, having received the requisite constitutional majority, was therefore passed.
By Senators Nix of the 32nd district and Palmour of the 33rd district-
Senate Bill No. 30. A bill to amend the Neil-Traylor Act by adding additional highway mileage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
By Mr. Evans of McDuffie-
Hause Bill No. 154. A bill to authorize the ordinary of McDuffie county to pay the premium on official's bonds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
By Mr. Evans of McDuffie-
Hause Bill No. 155. A bill repealing the Act consolidating the offices of county treasurer and clerk of the court of McDuffie county; and for other purposes.

THURSDAY, JANUARY 26, 1939

119

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
By Senators McGinty of the 43rd district and Howe of the 38th districtSenate Bill No. 7. A bill amending Paragraph D of Section 114-413 of the
code with reference to the compensation of workers under the Workmen's Compensation Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
The following Senate Resolution was read the second time and put upon its passage:
By Senator Nix of the 32nd districtSenate Resolution No. 21. A resolution directing the tax commissioner of
Georgia to furnish the Senate with certain information.
Senator Thrasher of the 27th district offered the following amendment:
By adding a new paragraph to be numbered Paragraph 2 to read as follows:
"This information is not asked on tax collectors or receivers or tax commt sswners.JJ
The amendment was adopted.
The resolution, as amended, was adopted.
The following bill of the Senate was read the third time:
By Senator Manning of the 39th districtSenate Bill No. 12. A bill providing for the filing of a lis pendens in the
offices of the clerks of the superior courts in all suits.
By unanimous consent further action on this bill was deferred until Wednesday, February 1, 1939.
The following bills and resolutions of the Senate were read the third time and put upon their passage: By Senator Harrell of the 7th district-
Senate Resolution No. 9.

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A RESOLUTION
Proposing 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 Quitman to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of Georgia, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1940, and that to become due up to and including January 1, 1950; to limit the use of the funds raised; to authorize the assessment and collection of an annual tax sufficient to pay the principal and interest on 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 such bonds; to provide for validation; to provide for submission of this amendment for ratification by the people; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, as heretofore amended, limiting the debts which may be incurred by counties, municipalities or other political subdivisions, shall be further amended by adding at the end thereof a new par~graph to be worded as follows, to-wit:
"And except that the City of Quitman, 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 of $35,000.000, for the purpose of refunding and retiring any bonded indebtedness of said City which may be outstanding, past due and unpaid as of January 1, 1940, and any bonded indebtedness of said City outstanding and which shall become due at any time up to and including January 1, 1950, and shall provide for the assessment and collection of an annual tax of sufficient amount to pay the principal and interest on said refunding bonds as they become due. Said serial bonds so issued mature in seven annual equal amounts beginning five years from the date of the issuance, and one such amount shall mature each year thereafter for a period of seven years. The proceeds of all such refunding bonds so issued by the City of Quitman shall 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, 1950. Said refunding bonds shall be issued and validated when authorized by a majority vote of the Board of City Commissioners of Quitman, 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. When said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly of this State, said amendment shall be entered on their journals with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election, and shall, 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 Quitman to issue refunding bonds"; and all

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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 Quitman 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 result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment and its provisions shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of this State, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law.

Sec. 3. That all laws or 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.

The resolution, proposing an amendment to the constitution, necessitated the call of the roll, which resulted as follows:

Abbot Boykin Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy

Dunn Estes Fortson Groover Holt
Howe Ingram
Jordan Kelley Manning Mavity McCranie McGinty Millican Moate

New Nix Padgett Palmour Redman Sanders Sears Smith, 12th Thomason Thrasher Williams, 21st Williams, 31st Williamson

The ayes were 43, nays 0.

Not voting were Senators Durden, Harrell, Haas, Lindsay, Moore, Smith of the 24th, Twiggs, and Warnell.

The verification of the roll call was dispensed with.

The resolution, having received the requisite two-thirds majority, was therefore passed.

By Senator Harrell of the 7th district-

Senate Resolution No. 10.

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JOURNAL OF THE SENATE,

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, authorizing the City of Quitman to borrow money or incur debts to supply casual deficiencies of revenue; to limit the aggregate amount of said loans or debts outstanding at any one time, and to provide that said loans or debts must be paid out of revenue received by the City of Quitman in the year in which said debts or loans are made; to authorize the City of Quitman to issue notes or debt certificates for the retirement and payment of the current indebtedness of the City of Quitman, and to provide the terms of their issue; to provide for submission of this amendment for ratification by the people; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:
Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, as heretofore amended, limiting the amount of debts to be incurred by any county, municipality or other political subdivision of this State, be and the same is hereby further amended by adding at the end thereof a new paragraph as follows, to-wit:
"And except that the City of Quitman, in addition to the debts hereinbefore allowed, may obtain loans between January 1st and December 31st of each year to supply casual deficiencies of revenue, to be paid out of the revenue received by the City in that year, said loans to be evidenced by promissory notes signed by the Chairman of the Board of Commissioners and the Clerk and Treasurer of the City of Quitman, after first being authorized by resolution approved by a majority vote of the Board of Commissioners of the City of Quitman at a regular meeting, and entered on the minutes of the Board of Commissioners. The aggregate amount of said loans outstanding at any time shall not exceed fifty per cent. (50%) of the total gross receipts of the City of Quitman from ad valorem taxes in the preceding year, and no new loans shall be obtained in any year unless all loans obtained the previous year have been paid in full; provided, the failure to pay said loans out of the revenue 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 Quitman, by a majority vote of the City Commissioners, shall issue notes or debt certificates to be executed by the Chairman of the Board of Commissioners and the Clerk and Treasurer, for the retirement and payment of any deficit in current indebtedness of the City of Quitman as the same may be at the date of such issue. Such notes or debt certificates shall be issued in such denominations, bearing such interest, and falling due as the Board of Commissioners may fix and determine, but not to exceed five years from the date of their issue."
Sec. 2. Whenever said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly of Georgia, said Amendment shall be entered on their journals with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Con-

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123

gressional District for two months previous to the time of holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Quitman to obtain temporary loans and issue notes or debt certificates therefor"; 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 Quitman to obtain temporary loans and issue notes or debt certificates therefor"; 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 and its provisions shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of this State, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law.

Sec. 3. That all laws or 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.

The resolution, proposing an amendment to the constitution, necessitated the call of the roll, which resulted as follows:

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Cloud Daves Dawson

Dorminy Dunn Estes Fortson Groover Howe Ingram
Jordan Kelley Manning Mavity McCranie
McGinty Millican

Moate New Nix Padgett Palmour Redman Sanders Sears Smith, 12th Thomason Thrasher Williams, 21st Williams, 31st Williamson

The ayes were 42, nays 0.

Not voting were Senators Durden, Harrell, Hass, Holt, Lindsay, Moore, Smith of the 24th, Twiggs and Warnell.

By unanimous consent the verification of the roll call was dispensed with.
The resolution, having received the requisite two-thirds majority, was therefore passed.

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JOURNAL OF THE SENATE,

By Senator Millican of the 52nd district-
Senate Bill No. 4. A bill regulating the sale or gtvmg away of all barbituric preparations or their derivatives; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend an Act approved August 22, 1907 (Georgia Laws, 1907, page 121), which Act provides against the evils resulting from the traffic in narcotic drugs, and regulates the sale thereof; by amending Section 1 of said Act so as to include barbituric acid and;or its derivatives under rt>gulation; and for other purposes.
Be it enacted by the General Assembly of Georgia:
SECTION 1.
That Section I of the Act approved August 22, 1907, which regulates the sale of narcotic drugs, be and the same is hereby amended by inserting in line four of said section between the words "hydrate" and "or" the following "barbituric acid and/or its derivatives", so that the section as amended will read as follows:
"It shall be unlawful for any person, firm, or corporation to sell, furnish or give away any cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral hydrate, barbituric acid and/or its derivatives, or any salt or compound of any of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts or compounds, except under the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or, if ordered by a practitioner of veterinarv medicine shall state the kind of an animal for which ordered, and shall be signed by the person giving the prescription or order. Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed except upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and properly authorized officers of the law; provided, however, that the above provisions shall not apply to preparations containing not more than four grains of opium, or not more than one grain of morphine, or not more than one-fourth grain of heroin, or not more than one-eighth grain of alpha or beta eucaine, or not more than twenty grains of chloral hydrate in one fluid ounce, or, if a solid preparation, in one avoirdupois ounce; provided, also, that the above provisions shall not apply to preparations containing opium and recommended and sold in good faith for diarrhoea and cholera, each bottle or package of which is accompanied by specific directions for use, and a caution against habitual use, nor to powder of ipecac and opium, commonly known as Dover's powder, nor to liniments or ointments plainly labeled.

THURSDAY, JANUARY 26, 1939

125

"For external use only". And provided, further, that the above prov1s1ons shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to retail druggists or qualified physicians or to "each other, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor to sales to hospitals, colleges, scientific or public institutions."
SECTION 2.
All laws or parts of laws in conflict with this Act herewith be and are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
Upon the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed by substitute.
By Senator Cail of the 17th district-
Senate Bill No. 25. A bill to regulate the hunting of deer, squirrel, and other game in the counties of Screven, Bulloch and Bryan; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to regulate the hunting of deer, squirrels, wild turkeys, doves, and quail in and for the County of Screven, and for Bulloch and Bryan; and for other purposes.
SECTION 1.
Be it enacted by the General Assembly, and it is hereby enacted by authority of same, that on and after passage and approval of this Act it shall be unlawful to hunt or kill deer, squirrels, wild turkeys, doves or quail in the counties of Screven, Bryan, and/or Bulloch, except as hereinafter provided.
(a) The season for hunting or killing deer. squirrels, or wild turkeys shall be from August 15th to January 1st, inclusive, of each year.
(b) The season for hunting doves or quail shall be from November 1st to February 1st, inclusive, of each year.
SECTION 2.
Be it further enacted by the authority aforesaid, that the possession of a gun and loaded shells, while in the fields, woods or swamps between January 31st and August 15th of each year, shall be evidence of guilt of violation of this Act and shall be punished as for a misdemeanor, as provided by law. The possession of shells loaded with shots smaller than size four between August 15th and November

126

JOURNAL OF THE SENATE,

1st, of each year, while hunting in the woods, fields or swamps shall be evidence of guilt of hunting game other than deer, squirrels and wild turkeys and shall be punishable as for a misdemeanor as provided by law. The possession of shells loaded with shots larger than size four while hunting in the woods, fields or swamps between January 2nd and January 31st, inclusive, shall be evidence of guilt of hunting game other than doves or quail, and shall be punishable as for a misdemeanor, as provided by law.
SECTION 3.
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, by substitute, was agreed to.
Upon the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed by substitute.
By unanimous consent the following bills of the House were withdrawn from the Committee on County Matters, read the second time, and re-committed:
By Mr. Evans of McDuffie-
House Bill No. 153. A bill amending the Act creating a board of commissioners of roads and revenues of McDuffie county; and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 156. A bill to create a board of commissioners of roads and revenues for McDuffie county; and for other purposes.
Senator Millican of the 52nd district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

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127

Senate Chamber, Atlanta, Georgia,
Friday, January 27th, 1939.
The Senate met pursuant to adjournment at 10 o'clock: this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brinson, of the 42nd district, chairman of the Committee on Journals reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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 uncontested local Senate and House bills and resolutions.
5. First reading of House bills and resolutions for reference.
6. Putting on passage Senate and House bills and resolutions ready for third reading.
The following bills of the House were read the first time and referred to committees:
By Mr. Coogler of Clayton-
House Bill No. 211. A bill to authorize the City of Jonesboro to enact zoning ordinances; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Sapp of CoffeeHouse Bill No. 212. A bill amending the charter of the City of Douglas; aPd
for other purposes. Referred to Committee on Municipal Government.
The following bills of the Senate were introduced, read the first time and referred to committees: By Senator Durden of the lOth district-

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JOURNAL OF THE SENATE,

Senate Bill No. 46. A bill amending the 1933 Code which provides for the seizure and sale of all vehicles and conveyances; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senator Cail of the 17th district-
Senate Bill No. 47. A bill fixing the compensation of the county treasurer of Screven county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Cail of the 17th district-
Senate Bill No. 48. A bill abolishing the offices of tax receiver and tax collector of Screven county and setting up in lieu thereof a tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Cloud of the 19th district-
Senate Bill No. 49. A bill providing for the collection of ad valorem taxes for 1937 and prior years, and suspending the statute of limitation; and for other purposes.
Referred to Committee on Finance.
The following resolution of the Senate was introduced, read the first time and referred to committee:
By Senators Cail of the 17th, Sanders of the 36th and Daves of the 14th districts, and others-
Senate Resolution No. 23. A resolution providing for the issuance of highway refunding bonds to cover payments due highway refunding certificates due March 25, 1939, 1940 and 1941; and for other purposes.
Referred to Committee on State of Republic.
Mr. Manning of the 39th 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. 77. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.

FRIDAY, JANUARY 27, 1939

129

Mr. Thrasher of the 27th 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 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. II-49A. Do pass.
Respectfully submitted,
Thrasher of 27th district, chairman.
The following resolution of the House, favorably reported by the committee, was read the second time:
By Messrs. MeN all, Grayson and Atkinson of Chatham, Guyton of Effingham, and Gill of Bryan-
House Resolution No. II-49A. A resolution to recommend opening shad fishing season on January 23, 1939, and closing March 23, 1939; and for other purposes.
The following bill of the House, favorably reported by the committee, was read the second time:
By Mr. Branch of Tift-
House Bill No. 77. A bill amending the charter of the City of Tifton; and for other purposes.
By unanimous consent, the following bills of the House were withdrawn from the committees, read the second time, and re-committed:
By Mr. Tomlinson of Echols-
House Bill No. 129. A bill to amend an Act providing for the election of the judge of the county court of Echols county; and for other purposes.
By Mr. Claxton of JohnsonHouse Bill No. 29. A bill creating a board of commissioners of roads and
revenues for Johnson county; and for other purposes.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 129. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.

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JOURNAL OF THE SENATE,

Mr. Millican of the 52nd 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. 153. Do pass.
House Bill No. 156. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
The following resolution of the Senate was read and adopted:
By Senator Thrasher of the 27th district-
A resolution extending the privileges of the floor to Phil Spitalny's Orchestra, and requesting them to play for the Senate at their convenience.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senators Jordan of the 15th district, Padgett of the 6th district, Dawson of the 2nd district, Sears of the 5th district and Brown of the 4th district-
Senate Bill No. 22. A bill defining the words "crops" and "growing crops" as now existing and providing that naval stores operators and producers of turpentine products shall be known and designated as "farmers"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
By unanimous consent the above bill was ordered immediately transmitted to the House.
By Senator Lindsay of the 34th district-
Senate Bill No. 23. A bill amending the Code of 1933 by providing authority to counties to levy a tax to provide medical or other care for the indigent sick ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays I.

FRIDAY, JANUARY 27, 1939

131

The bill, having received the requisite constitutional majority, was therefore passed.
By unanimous consent the bill was ordered immediately transmitted to the House.
By Senators Harrell of the 7th and Brooks of the 8th districts-
Senate Bill No. 26. A bill amending Code Section 89-832 with reference to thr limitation of actions on bonds of collecting officers; and for other purposes.
Senator Causey of the 46th district offered the following amendment-
"Providing this Act shall apply only to bonds and obligations which are executed after approval of the same."
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 36, nays 0.
The bill as amended, having received the requisite constitutional majority, was therefore passed.
By Messrs. Ferguson of Camden, Gowen of Glynn, Atkinson of Chatham-
House Bill No. 65. A bill granting certain easements to the federal government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
By Mr. Evans of McDuffieHause Bill No. 153. A bill amending the Act creating the board of commis-
sioners of roads and revenues of McDuffie county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the aye~ were 35, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
By Mr. Evans of McDuffieHouse Bill No. 156. A bill creating a board of commissioners of roads and
revenues for McDuffie county; and for other purposes.

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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, nays 0.
The bill, having received the requisite constitutional majority, was therefore passed.
The following bills of the Senate were read the third time:
By Senator Abbot of the 18th district-
Senate Bill No. 27. A bill amending Title 110, Chapter 110-4, Section 110-41, of the 1933 Code, with reference to default judgments in divorce cases; and for other purposes.
By unanimous consent further action on this bill was deferred until Thursday, February 2, 1939.
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the 3rd districts-
Senate Bill No. 29. A bill to prohibit aliens from practicing any branch of medicine in this state; and for other purposes.
Senator Lindsay of the 34th district asked unanimous consent that this bill be tabled, and the consent was granted.
By Senators Brooks of the 8th and Harrell of the 7th districts-
Senate Bill No. 31. A bill making it unlawful for any person to sell livestock without furnishing a bill of sale describing the animal; and for other purposes.
Senator Brooks asked unanimous consent that further action on this bill be deferred until Tuesday, January 31st, 1939, and the consent was granted.
By Senator Cail of the 17th district-
Senate Bill No. 40. A bill proposing an amendment to the constitution providing that public printing of the state may be done by prison labor in the state penal institution; and for other purposes.
Senator Cail asked unanimous consent that further action on this bill be deferred until Tuesday, January 31st, 1939, and the consent was granted.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the report of the Committee of Conference on Senate Bill No. l.
The House insists on its position on Amendment No. 4 to Senate Bill No. ).

FRIDAY, JANUARY 27, 1939

133

The House insists on its position on Amendment No. 5 to Senate Bill No. 1.

The following report of the Conference Committee on Senate Bill No. l, as transmitted from the House, was read to the Senate, whereupon Senator Lindsay of the 34th made the point of order that the report was not in proper form since it contains a minority report of one of the conferees, and does not make proper disposition of the House amendments, upon which disagreement exists:

Conference Committee to Senate Bill No. 1.

The Conference Committee of the House and Senate having had under consideration Senate Bill No. 1 beg to report and recommend as follows:

1st. That the House recede from its position on House amendment No. 1, locating the improvements on sanitarium in Baldwin county, Georgia-as amended in House amendment No. 2. This motion was passed with the minority report on the part of Sams of DeKalb.

2nd. That the Senate recede from its position on House amendment No. 3 correcting an error of repetition.

3rd. A motion that the House recede as to amendment 4, fixing the rate of interest at a maximum of 4?~ per cent, and House amendment 5, limiting the total amount of negotiable revenue bonds, was defeated and the following resolution of Bennett from Ware passed in reference to House amendments 4 and 5:

"That as to amendment No. 4, which strikes the rate of interest of 6 per cent and substitutes 4~ per cent, and as to amendment No. 5, which makes a maximum limit of three million dollars of bonds to be issued, that this committee report that in view of the seriousness of this situation that the committee make no definite recommendation but that these two amendments be further explained, with the statement on the part of the committee that without the amendments we are assured of immediately getting the money, and that with the adoption of the amendments we do not know whether we will get it or not."

Sams of DeKalb made the following minority report: That the amendments to Senate Bill No. 1 by the House, after investigation, would in no way prevent, impair or unduly delay the state in obtaining the funds provided for in the bill and in making the desired improvements at the Milledgeville State Hospital but would merely protect the state and its citizens by injecting reasonable and proper safeguards in the bill.

Respectfully submitted,

Wallace Harrell, Senator 7th district, for the Senate.
Paul L. Lindsay, Senator 34th district, for the Senate.
Adie Durden, Senator lOth district, for the Senate.

David S. Atkinson, Of Chatham county, for the House.
Gus Sams, Of DeKalb county, for the House.
John W. Bennett, Jr., Of Ware county, for the House.

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JOURNAL OF THE SENATE,

Senator Lindsay of the 34th made the further point of order that the matter as a whole could not properly come before the Senate until a report had been filed by the Senate conferees on Senate Bill No. 1, whereupon Senator Lindsay filed the following report:
Conference Committee on Senate Bill No. 1.
The Conference Committee of the House and Senate having had under consideration Senate Bill No. 1 beg to report and recommend as follows:
1st. That the House recede from its position on House amendment No. 1, locating the improvements on sanitarium site in Baldwin county, Georgia-as amended in House amendment No. 2. This motion was passed with the minority report on the part of Sams of DeKalb.
2nd. That the Senate recede from its position on House amendment No. 3 correcting an error of repetition.
3rd. A motion that the House recede as to amendment 4, fixing the rate of interest at a maximum of 474 per cent, and House amendment 5, limiting the total amount of negotiable revenue bonds, was defeated and the following resolution of Bennett from Ware passed in reference to House amendments 4 and 5:
"That as to amendment No. 4, which strikes the rate of interest of 6 per cent and substitutes 474 per cent, and as to amendment No. 5, which makes a maximum limit of three million dollars of bonds to be issued, that this committee report that in view of the seriousness of this situation that the committee make no definite recommendation but that these two amendments be further explained, with the statement on the ~art of the committee that without the amendments we are assured of immediately getting the money, and that with the adoption of the amendments we do not know whether we will get it or not."
Senator Harrell of the 7th district,
Paul L. Lindsay of the 34th district,
Durden of the lOth district,
On the part of the Senate.
Senator Lindsay of the 34th moved that the Senate insist upon its pos1t10n on Senate Bill No. 1, and that a new Conference Committee be appointed. His motion prevailed and the President appointed as a second Committee of Conference on the part of the Senate: Senator Mavity of the 44th, Senator Howe of the 38th and Senator Lindsay of the 34th.
Upon announcement by the President that the House of Representatives had adjourned at this time, Senator lindsay of the 34th moved that the Senate now adjourn until 10 o'clock Monday morning.
The motion prevailed and the Senate stood adjourned until 10 o'clock Monday morning.

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135

Senate Chamber, Atlanta, Georgia,
Monday, January 30th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brinson of the 42nd district, chairman of the committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Durden of the lOth district asked unanimous consent that the reading of the Journal be dispensed with.
Senator Estes of the 35th district objected.
Senator Sanders of the 36th district moved that the reading of the Journal be dispensed with. The motion having received the required two-thirds vote of the Senate, the motion prevailed and the reading of the Journal was dispensed with.
Senator Durden of the lOth district asked unanimous consent that 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 of House bills and resolutions.
5. Putting on passage uncontested local Senate and House bills and resolutions.
6. Putting on passage general Senate and House bills and resolutions ready for third reading.
The consent was granted.
The Journal of the preceding session was confirmed.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Edwards of Lowndes, Gross of Stephens, Scott of Thomas, Claxton
of Johnson, Almand of Walton, and many others-

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House Resolution No. 65. A resolution providing for a JOmt session of the General Assembly at II :30 A. M., Monday, January 30th, 1939, for the purpose of hearing an address by Reverend J. Frank Norris of Fort Worth, Texas.
The following resolution of the House was read and adopted:
By Messrs. Edwards of Lowndes, Gross of Stephens, Scott of Thomas, Claxton of Johnson, Almand of Walton, and others-
House Resolution No. 65. A resolution providing for a joint session of the General Assembly at II :30 A. M. this day for the purpose of hearing an address by Rev. J. Frank Norris of Fort Worth, Texas.
In pursuance of the resolution of Senator Thrasher of the 27th district, requesting Phil Spitalny and his orchestra to visit the Senate and if convenient to render such program as they wished, the Senate was advised that Mr. Spitalny and his orchestra would visit the Senate at 10:30 this day.
The President appointed as a committee of escort Senators Brinson of the 42nd district, Palmour of the 33rd district and Durden of the lOth district, who accompanied Mr. Spitalny and his orchestra to the Senate chamber. The President introduced the director and the members, after which they rendered a magnificent musical program.
The following resolutions were read and adopted:
By Senator Howe of the 39th district-
A resolution requesting that legislative immunity be accorded to the popular Senators Lindsay of the 34th district and Palmour of the 33rd district, if and when so needed, because of their participation in the entertainment.
By Senators Warnell of the 1st district and Moore of the 47th district-
A resolution expressing the sincere thanks and deep appreciation to Mr. Phil Spitalny and the members of his orchestra for their wonderful performance in the Senate chamber this day.
The following resolution was read and adopted:
By Senator Lindsay of the 34th district-
Whereas, the Senate has been regaled and its sp1nts elevated by a wonderful band of musicians and artists, and the more serious problems of state have been postponed while we received this inspiration and, while our souls were elevated, our minds were made more clear to meet our problems.
Be it resolved that the sincere thanks of the Senate are extended to Mr. Spitalny and his wonderful artists for their courtesy and kindness and complete demonstration of music at its best.
Resolved further that a copy of this resolution be spread upon the minutes of

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137

this body, and a copy be delivered to Mr. Spitalny in hope that a pleasant time may be long remembered.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The Speaker of the House has appointed as a second committee of conference on Senate Bill No. 1, the following members of the House, to-wit:
Messrs. Sams of DeKalb,
Gross of Washington, and
Parker of Colquitt.
Senator Durden of the lOth district ask:ed unanimous consent that when the JOint session of the General Assembly dissolve, as provided for in House Resolution No. 65 which had been previously adopted, the Senate stand adjourned until 10 o'clock tomorrow morning.
The consent was granted.
As provided for under House Resolution No. 65, the President accompanied by the Secretary and the Senators repaired to the hall of the House of Representatives for the purpose of hearing the address of Rev. J. Frank Norris of Fort Worth, Texas.
The President called the joint session of the General Assembly to order and
presented to the General Assembly the Rev. J. Frank Norris, who at this time
delivered his address.
At the conclusion of this address, Mr. Gross of Stephens moved that the joint session of the General Assembly do now dissolve.
The motion prevailed.
As provided for under the unanimous consent granted Senator Durden of the lOth district, the Senate stood adjourned until 10 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia.
Tuesday, January 31st, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brinson, of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business:
I. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President: The House has passed by the requ1s1te constitutional majority the following
bills and resolution of the House, to-wit:
By Mr. Forrester of Crisp--
House Bill No. 5. A bill authorizing all fiduciaries to invest trust funds in
bonds issued by school districts as they are now authorized to invest in state, municipal and county bonds; and for other purposes.
By Mrs. Mankin of FultonHouse Bill No. 8. A bill providing that the General Tax Act shall not apply
to merchants who do not install electrical equipment; and for other purposes.

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139

By Messrs. Joel and Bennett of Clarke-
House Bill No. 95. A bill providing that the judge and solicitor of the City Court of Athens be elected by the qualified voters of Clarke County; and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 116. A bill authorizing the board of county commissioners of Mcintosh county to regulate use and size of buildings and to zone the county; and for other purposes.
By Messrs. Lovett and Evans of Laurens-
House Bill No. 204. A bill abolishing the office of clerk of the City Court of Dublin and naming the clerk of the Superior Court as the clerk; and for other purposes.
By Messrs. Tipton and Scott of Thomas-
House Bill No. 239. A bill fixing the date of election and time of taking office for the City of Coolidge; and for other purposes.
By Messrs. DeFoor of Mcintosh, Ferguson of Camden and Gill of Bryan-
House Resolution No. 70. A resolution requesting the United States government to deed Blackbeard Island back to the State of Georgia; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Hass of the 11th district-
Senate Bill No. 50. A bill regulating the business of gas, electric, telephone,
telegraph, water companies and similar public utilities; and for other purposes.
Referred to Committee on Public Utilities.
By Senator Redman of the 26th district-
Senate Bill No. 51. A bill providing for the holding of four terms each year of Butts superior court; and for other purposes.
Referred to Committee on Uniform Laws.
By Senator Cail of the 17th districtSenate Bill No. 52. A bill providing for the repeal of an Act creating the
city court of Sylvania; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Chastain of the 41st districtSenate Bill No. 53. A bill fixing the responsibility of all persons, firms, or

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corporations engaged in the transportation of pupils, teachers or officials to and from school or school activities; and for other purposes.
Referred to Committee on Education.
By Senator Millican of the 52nd district-
Senate Bill No. 54. A bill amending an Act creating the board of commissioners of roads and revenues of Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Millican of the 52nd district-
Senate Bill No. 55. A bill authorizing judges of superior courts to continue grand juries in session beyond the end of any term of court for which they originally were impanelled; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Millican of the 52nd district-
Senate Bill No. 56. A bill to amend an Act entitled "Municipal Court of Atlanta" by changing the name of a section of the court; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd districtSenate Bill No. 57. A bill amending an Act entitled "An Act to regulate pri-
mary elections in all municipalities in the State of Georgia"; and for other purposes.
Referred to Committee on Privileges and Elections.
By Senator Millican of the 52nd district-
Senate Bill No. 58. A bill amending an Act entitled ''An Act to provide for homesteads exempt from certain taxation"; and for other purposes.
Referred to Committee on Finance.
By Senator Millican of the 52nd district-
Senate Bill No. 59. A bill amending an Act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd district-
Senate Bill No. 60. A bill amending an Act establishing a new charter for the City of Atlanta so as to provide for the election of mayor pro tern; and for other purposes.
Referred to Committee on Municipal Government.

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141

By Senator Millican of the 52nd district-
Senate Bill No. 61. A bill to amend the Code of Georgia so as to provide for a re-count of ballots in all primary elections, in lieu of contests; and for other purposes.
Referred to Committee on Privileges and Elections.
By Senator Millican of the 52nd district-
Senate Bill No. 62. A bill amending an Act so as to provide that the City of Atlanta shall furnish pensions; and for other purposes.
Referred to Committee on Pensions.
By Senator Millican of the 52nd district-
Senate Bill No. 63. A bill proposing an amendment to the constitution so as to provide an additional method of amending the constitution upon initiative petition; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senator Millican of the 52nd district-
Senate Bill No. 64. A bill amending an Act establishing a new charter for the City of Atlanta so as to extend the civil service requirements to all employees of the police department; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd district-
Senate Bill No. 65. A bill amending the Code by gtvmg the court additional power to punish witnesses who failed to answer a subpoena; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Millican of the 52nd district-
Senate Bill No. 66. A bill amending the constitution authorizing the General Assembly to enact laws creating a pension fund for county employees of Fulton and Richmond counties; and for other purposes.
Referred to Committee on Pensions.
By Senator Millican of the 52nd district-
Senate Bill No. 67. A bill exempting operators of fire trucks from tort liability for personal or property damage incurred in their line of duty; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Millican of the 52nd district-

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Senate Bill No. 68. A bill amending an Act establishing a new charter for the City of Atlanta so as to prohibit the mayor and council from increasing automobile expense accounts; and for other purposes.
Referred to Committee on Municipal Government.
By Senator McGinty of the 43rd district-
Senate Bill No. 69. A bill making additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.
Referred to Committee on Public Printing.
The following resolution was introduced, read the first time and referred to committee:
By Senator Williams of the 31st district-
Senate Resolution No. 24. A resolution extending the time for the purchase of automobile and truck license tags; and for other purposes.
Referred to Committee on Motor Vehicles.
The following bills of the House were read the first time and referred to committees:
By Mr. Forrester of Crisp-
House Bill No. 5. A bill authorizing fiduciaries to invest trust funds in bonds issued by school districts for the purpose of building and equipping school houses; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mrs. Mankin of Fulton-
House Bill No. 8. A bill amending the General Tax Act by exempting stores which do not install or repair electrical wiring or equipment from paying the "electrical contractors" license; and for other purposes.
Referred to Committee on Finance.
By Messrs. Joel and Bennett of ClarkeHouse Bill No. 95. A bill amending the Acts creating the city court of Athens;
and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. DeFoor of McintoshHouse Bill No. 116. A bill authorizing the county commissioners of Mcintosh
county to regulate the use and size of buildings, and to zone the county; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, JANUARY 31, 1939

143

By Messrs. Lovett and Evans of LaurensHouse Bill No. 204. A bill to amend an Act creating the city court of Dublin;
and for other purposes. Referred to Committee on Special Judiciary.
By Messrs. Tipton and Scott of ThomasHouse Bill No. 239. A bill to amend Acts incorporating the City of Coolidge;
and for other purposes. Referred to Committee on Municipal Government. The following message was received from the House through Mr. Greer, the
clerk thereof: Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Gross of StephensHouse Resolution No. 73. A resolution providing for a joint session of the
General Assembly today at II :20 a.m. for the purpose of hearing a message from His Excellency, Governor E. D. Rivers.
Mr. Millican of the 52nd 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. 146. Do pass. House Bill No. 63. Do pass. House Bill No. 88. Do pass. House Bill No. 97. Do pass. House Bill No. 6. Do pass. House Bill No. 44. Do pass.
Respectfully submitted,
Millican of the 52nd district, chairman.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Election, submitted the following report:

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Mr. President:
Your Committee on Privileges and Elections 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. 2. Do pass.
Senate Bill No. 6. Do pass by substitute.
Respectfully submitted,
McCranie of 48th district, chairman.
The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Boyd of Greene-
House Bill No. 2. A bill to amend the code by providing how and when elections shall be held and providing the hours that certain election precincts shall remain open; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 6. A bill amending an Act relating to the eligibility of Dodge county officers; and for other purposes.
By Mr. Hardman of Madison-
House Bill No. 44. A bill providing for an increase in salary of the commissioner of roads and revenues of Madison county; and for other purposes.
By Mr. Dickerson of Clinch-
House Bill No. 63. A bill reducing the bond of the sheriff of Clinch county; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 88. A bill requmng Johnson county to pay the officers of court the cost now allowed by law in each case convicted; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 97. A bill requiring the commissioners of roads and revenues of Johnson county to establish, provide and maintain roads over which school bus routes are located; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 146. A bill authorizing the commissioners of roads and revenues of Clayton county to create and establish zones, and to regulate the type and use of buildings in such zones; and for other purposes.

TUESDAY, JANUARY 31, 1939

145

The following bill of the Senate, favorably reported by Committee, was read the second time:
By Senator McCranie of the 48th district-
Senate Bill No. 6. A bill making it mandatory for a recount and contest for all state house officers in the primaries; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted the report of the Second Committee of Conference on the following bill of the Senate, to-wit:
By Senators Lindsay of the 34th, Durden of the lOth, and Brooks of the 8th districts-
Senate Bill No. I. A bill to be entitled an Act known as the State Hospital Authority, to define its duties; and for other purposes.
The following report of the Second Conference Committee on Senate Bill No. was read and adopted:

Mr. President: Mr. Speaker:

The Conference Committee of the House and Senate having had under consideration Senate Bill No. I beg to report and recommend as follows:

First: That the Senate recede from its position and accept House amendment
No. 4 by striking "6%" and substituting therefor the maximum "4;/,%" interest.

Second: That the Senate recede from its position and accept House amendment No. 5, which provides for a total maximum limit of $3,000,000 of bonds of the authority.

Respectfully submitted,

John L. Mavity, Senator 44th district for the Senate.
Don B. Howe, Senator 38th district for the Senate.
Paul L. Lindsay, Senator 34th district for the Senate.

John C. Parker, of Colquitt county, for the House.
Gus Sams, of DeKalb county, for the House.
Marvin L. Gross, of Washington county, for the House.

The following resolution of the House was read and adopted:

By Mr. Gross of StephensHouse Resolution No. 73. A resolution providing for a joint sessiOn of the

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General Assembly today at 11 :20 a. m., for the purpose of hearing a message from His Excellency, Governor E. D. Rivers.
The President appointed as a committee of escort for the Governor the following senators:
Senators Williams of the 21st district,
Jordan of the 15th district, and
Daves of the 14th district.
The following resolution of the House was read and adopted:
By DeFoor of Mcintosh, Ferguson of Camden and Gill of Bryan-
House Resolution No. 70. A resolution requesting the United States government to cede to the State of Georgia Blackbeard Island; and for other purposes.
Senator Sanders of the 38th district arose to a point of personal privilege and addressed the Senate.
The Senate learned with regret of the serious illness of the daughter of the Senator of the 51st district and Senator Ingram of the 51st district was granted an indefinite leave of absence.
Senator Durden of the lOth district asked unanimous consent that when the joint session of the General Assembly be dissolved that the Senate stand adjourned until tomorrow morning at 10 o'clock. The consent was granted.
The following bills of the House were read the third time and put upon their passage:
By Mr. Branch of TiftHouse Bill No. 77. A bill amending the charter of the City of Tifton; and for
other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Tomlinson of EcholsHause Bill No. 129. A bill amending the Act with reference to the manner
of election of the Judge of the county court of Echols; and for other purposes.
The report 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.

TUESDAY, JANUARY 31, 1939

147

Senator Dunn of the 22nd district asked unanimous consent that further action on Senate Bill No. 14 be deferred and that the bill be recommited. The consent was granted.
The hour having arrived under House Resolution No. 73, previously adopted, providing for the joint session, the President of the Senate, accompanied by the Secretary and the members of the Senate repaired to the hall of the House of Representatives.
JOINT SESSION
The President of the Senate called the joint session of the General Assembly to order.
The Secretary read the resolution providing for the joint session.
The committee of escort, named by the presiding officers of each house, escorted His Excellency, the Governor, to the Speaker's stand and the President of the Senate introduced him to the General Assembly.
The Governor delivered the following address:
Governor E. D. Rivers'
Second Message
To the Georgia General Assembly
January 31, 1939
Mr. President, Mr. Speaker, Ladies and Gentlemen of the Assembly:
In my message of January 25 I pointed out to you that when the present appropriations bill is paid in full the total gross state budget is $47,968,256.90. I pointed out to you that this is less spent for governmental services in Georgia, than is spent by any adjoining state, including the small State of South Carolina with approximately half the population and half the area of Georgia. I pointed that out of the $47,968,256.90 gross state budget, $26,955,456.90 is allocated; and that $21,012,800.00 is the general fund. I analyzed these allocated funds in detail, pointing out that $14,960,452.31 of the allocated moneys go direct to your county commissioners and county and city school boards, and is not spent by the state at all. I pointed out that approximately a million dollars go direct to the ordinaries to pay Confederate pensions. I pointed out that this leaves only approximately $11,000,000.00 of the allocated funds that are spent by the state, and that a little more than seven and three-quarters million of the eleven million dollars spent by the state is spent by the Highway department in maintaining and constructing roads in every county of the state. I analyzed the funds ear marked from state revenue for various purposes and the funds collected by agencies themselves specifically for their own use. I gave you an itemized analysis and accounting of the $26,955,456.90 that makes up the larger part of the gross state budget under the present appropriations bill, when it is paid in full.
I had my last message printed in full and a copy of it given to each of you

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and a copy mailed to each newspaper in the state. I trust you have had an opportunity to study it in detail, and have it well in mind as I come now to take up the remainder of the budget, which is the general fund. It is $21,012,800.00, when the present appropriations bill is paid in full. I want to give you a detailed analysis of every penny of this $21,012,800.00.
I wish to again remind you that the allocation funds adjust themselves; that is, the department or agency .of the government simply gets whatever the allocation brings in; and, therefore, it is self-adjusting. I wish to remind you that the $21,012,800.00 is a set sum that is appropriated in fixed amounts by the Assembly, and is, in effect, a promise to pay on the part of the state, upon which the people have a right to except a 100% fulfillment of the exact sum promised. It is not flexible, and the extent to which the Assembly raises the money to pay it determines whether or not we are able to give to the people the amounts promised by the Assembly in passing the appropriation. We have in the appropriations bill what is known as the "grandfather clause", which forces us to cut down appropriations when we do not have the money to pay them.
FIXED SUMS
One million one hundred thousand dollars of the general fund budget are fixed items of general expense required by the constitution and laws of the state. We have no discretion in spending these fixed sums. They are as follows:
Public debt and interest, as set out in the constitution................$ 375,000.00
Legislative expense............................................................................ 200,000.00 Judicial branch expense.................................................................... 375,000.00 Appropriation for refunds of income tax...................................... 50,000.00 Emergency fund.................................................................................. 100,000.00

TotaL..........................................................................................$1, 100,000.00
LOCAL GOVERNMENT AIDS
In addition to having no discretion in spending this $1,100,000.00, $18,556,500.00, or 880% of the general fund of $21,012,800.00 is appropriated for the direct benefit of the counties and schools to relieve the local taxpayers of the counties of an unequal and unfair ad valorem tax burden. If the state did not raise this money for education, health, social security and the eleemosynary institutions, we would either have to do without these services or levy a local ad valorem tax on our real estate in order to raise this money for them. Divide this $18,556,500.00 into 159 counties, and you have an average of $116,707.54 for each county in the state.
EDUCATION
The largest item in the general fund of the budget is $9,637,000.00, appropriated to the common schools, to support the minimum seven-months term of school paid for by the state. It goes in lump sums to the county and city school systems. The State Board of Education actually sets aside $173,454.55 of it to apply on the salaries of the county school superintendents. If the state fails to raise this $9,637,000.00

TUESDAY, JANUARY 31, 1939

149

and to send it in lump sums down to your county and city boards of education, then either your local school districts and counties must raise this money from local ad valorem taxes on your own real estate or shorten your term of school. This $9,637,000.00 is 46% of the total general fund of the state. If the state did not have a general fund appropriation, there would be an additional local tax burden of $9,637,000.00 saddled on the shoulders of the local ad valorem taxpayers on their real estate.
The question is simple. Shall we raise this $9,637,000.00 by a statewide tax of some kind, and send it back to your boards of education to run your schools, or shall we force them to Ieavy additional local ad valorem tax on your real estate at home to raise it; otherwise close your schools?
I prefer a general state tax of some sort to raise this money for the schools than to force this additional local tax levy or to close the schools. A vote against a general state tax to raise this money is, in effect, a vote for the local schools to levy an additional local ad valorem tax to raise it. Or is it a vote to close up the c;chools? The state does not spend this money at all; it sends it in lump sums to your local school boards to spend it themselves in operating your local schools.
When we have raised the money to fully finance our present seven-months term school program, our equalization fund, and our present school book program, we will have gone as far in financing common school education in Georgia as I am asking that we go on the basis of the taxpaying ability of our people. We should have a nine-months term of school paid for by the state and should have a more adequate teachers salary schedule paid for by the state, if we were able to do it.
Our lowest average teachers salary schedule paid for by the state is $175.00 per year, and the highest average teachers salary schedule paid for by the state is $560.00 per year. The average annual teachers salary in the United States is over $1200.00. You see, therefore, that our top teachers salary schedule of $560.00 per year is less than half the national average of more than $1200.00 per year. Based on our income bdng 50% of the average of the nation, so long as our top teachers salary schedule is less than half the national average, we are bound to be within the taxpaying ability of our people as compared with the other states of the nation. As our expanded school program functions, naturally our income will increase. So that with an increase in income as a result of better education, we will be able to support a normal expansion of our school program year by year.
It might be well to point out that Georgia spends only .58 of 1% of our per capita wealth on education when we pay our present appropriations in full. Alabama spends .75 of 1% of her per per capita wealth on education. Florida spends .92 of 1% of her per capita wealth on education. Mississippi spends .99 of 1%. North Carolina .73 of 1%. South Carolina .74 of 1%. And Tennessee .61 of 1%. It is ~hus seen, when we raise the money to pay for our present school program, Georgia will be spending a smaller percentage of her per capita wealth on education than any of these sister southeastern states spend.
When the present appropriations are paid in full, Georgia spends 2.34% of her

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per capita income each year on education; while Alabama spends 2.84% of her per capita income; Florida spends 3.49% ; Mississippi spends 3.43% ; South Carolina 3.02%; and Tennessee 2.69%. Thus, you see that Georgia spends less percent of her per capita income on education than any of these other southeastern states, even when we raise this money to pay for our present seven-months term school bill and present teachers salary schedule in full.
Our per capita wealth and per capita income determine our taxpaying ability. Therefore, compared with these sister states, we are well within our taxpaying ability when we raise the money to pay for the seven-months term of school on the present teachers salary schedule provided by the state. However, even then we will not have educational advantages on an equality with the average of the nation, even equal to that of these sister southeastern states.
Therefore, we are asking the federal government to appropriate sufficient funds and send to our state to enable us to pay a more adequate teachers salary schedule, to provide more nearly adequate books, and to increase our term of school two J)lOnths. But we are not asking that a state tax be levied on our people for these extra two months or for these extra books or for this extra teachers salary schedule.
I mailed each of you a copy of a memorandum I filed with the WPA for a supplemental educational program for Georgia. In that memorandum I set out that we were appropriating funds to run our schools seven months by the state; that we had established a teachers salary schedule of from $175.00 per year minimum to $560.00 a year maximum; and that we had provided schools books as far as we felt we could go. I made this application to the WPA with the understanding that when we raised the money to pay our present appropriations in full that we would have reached our present taxpaying ability. I asked the WPA to give us four million dollars for two more months of school; four million three hundred thousand dollars to raise our teachers salary schedule; and two million six hundred thousand dollars to make cur textbook program adequate.
It would take this extra ten million nine hundred thousand dollars to give us a school program approximating the average of the nation; though, even then, our teachers salary schedule would be only $900.00 a year compared to an average of $1,200 per year throughout the nation. Be it remembered that it would take this extra ten million nine hundred thousand dollars per year for our public school system in Georgia, after we raise the money to pay our present appropriations in full, to put us reasonably on a par with the average in the nation. This extra ten million nine hundred thousand dollars is what we're trying to get from the federal government either through the WPA or through the federal equalization fund.
We cannot, with any sort of success, hope to get a federal equalization fund for this extra money, however, until we have done what we should do ourselves in proportion to our ability to do, and that is raise the money to fully finance our present state educational program.
The President's Advisory Committee on Education has recommended a federal equalization fund to help those states that do not have the taxpaying ability to sup-

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port their schools on the basis of the average in the nation. The Southeastern Governors' Conference is working to that import<1nt end. Legislation has been introduced in the National Congress. I think this a reasonable request from the federal government. Education is no longer entirely a local prolilem. It affects the income 'lf the people and, when the income of the people of any state is low, it affects the national income. In addition to that, with our modern means of transportation, an untrained or uneducated person can easily move from one state and section of the United States to another and become a low-income producer in that state and section, as well as a crime, charity and relief hazard. There is evt'"ry reason, therefore, why the federal government should give us this money to enable us to have equal educational opportunities for our children with the average throughout the nation, without having to tax our people beyond their ability to pay for it. However, since the present school program is within our taxpaying ability, it certainly should be fully financed before with good grace we can ask the federal government for this equalization money.
The situation between the federal and state government is analogous to the situation between the state and the local schools. We know that our local schools cannot support themselves by local tax sufficient to have adequate educational opportunities because in most of the local school districts they d'l not have the tax paying ability with which to do it. Therefore, we levy a statewide tax and raise money from every county in the state to send back to these local school boards to help equalize their educational opportunities and the burdens of furnishing them. But, in doing this, we require the local school boards to do for themselves all their taxpaying ability will permit them to do. Unless your county board does raise locally what they are proportionately able to raise, you do not participate in this state equalization fund. We take the position the local school should do its part before it should call on us to help it. By the same token, the state should do up to its ability to do before we can reasonably call on the federal government to come in and help us.
In raising this money statewide and sending it back to the local schools, we do not take away local administration of the funds. We merely raise the money and send it to them to administer. By the same token, we are asking the federal government to simply raise the money and send it to the state to administer, so that we can keep local control of our schools. We could, of course, in turn send the money to the local subdivisions in the state for them to administer as they now administer the state money we send them to help them out.
It is not right for a taxpayer in one school district to have to pay a higher rate of taxation on his property to support education than is paid by a taxpayer in a wealthier school district. At the same time the school children in the poorest school district are entitled to equal educational opportunities with the children in the richest school districts. This is true within the state. As it is true within the state, so within the nation. It is not right for the taxpayer in any one state to have to pay more tax in proportion to his ability to pay to support education than is paid by a taxpayer in any other state to support education. Yet the children in the poorest state are entitled to equal educational opportunities with the children in the wealthiest state.

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This question of equalizing fundamental governmental services between the relatively poor states of the nation and the relatively rich states of the nation-and this question of equalizing the burdens of supporting these fundamental governmental services between the relatively rich areas of the country and the relatively poor areas of the country-is the fight we are making when we are asking for federal equalization money. It is the same fight many of us made for a long number of years in the Georgia Assembly, within the state, on behalf of the rural districts of the state. We finally succeeded. I am just as confident that we will finally succeed in applying the same principle nationally.
As an essential to that success, however, we must first raise the money to fully finance our present program, because it is within our ability to finance. We must first do what we are able to do here at home. When we have paid this appropriations bill in full, and have provided what additional funds are necessary to operate the seven-months term bill, we will still be within our taxpaying ability, and we wiii still be spending less on education in Georgia-in proportion to our per capita wealth and our per capita income-than these other southwestern states I have mentioned.
In order to help secure these additional federal funds for education in Georgia, after we have financed our present program in full, I recommend that the General Assembly pass a resolution memorializing Congress to pass the necessary appropriation for federal education equalization. The National Education Association is sponsoring this legislation, and we certainly have a good case.
The average wealth per school child for the United States is $10,200.00. The average annual wealth per school child for. the southern states is $4,900.00. The average annual income per school child in the United States is $2,171. The average annual income for the school child in the southern states is $872.00. The average annual expenditure per pupil in average daily attendance for the United States is $74.30. That of the southern states is $25.11.
The south has one-third of the nation's children to educate with only onesixth of the nation's revenues with which to do the job. The per capita ability of the richest state in the nation to support education is six times as great as that of the poorest state. This means that the richest state in the country will either have six times as good educational opportunities for its children as the poorest state in the nation, or that the poorest state will have to pay six times as much taxes, in proportion to its ability to pay, as the richest state, in order to have equal educational advantages. Certainly this demands national equalization.
Only 19.5% of all persons over twenty-one years old in the United States live in the south. Yet we have 26.1% of all the children under fifteen in the nation. The other thirty-eight states have 80.5% of persons over twenty-one and only 73.9% of all children under fifteen. We have more children per one thousand inhabitants than any section in the country. Therefore, even if we had proportionate wealth and proportionate income to the other states, our task would still be greater because we have more children than they have. Just as the south is furnishing the

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children for the nation, so the rural sections of our own state are furnishing the children for our own cities.
A resolution, such as I have suggested, will be of great help to the Southeastern Governors' Conference and to the National Education Association in securing this federal aid. I recommend that you pass it. I believe it will eventually receive favorable action by Congress.
"States and regions favored by fortune cannot afford to be indifferent to the educational opportunities provided for youth in the states and regions from which they will draw many of their future citizens. Of the ten states now most able to support education, seven are not rearing children in numbers large enough to maintain their present population without replacement from other states.
"The inequalities of educational opportunity that characterize the educational system today constitute a challenge to American statesmanship. For millions of children the opportunity for anything more than a modicum of meager formal education is largely conditioned by place of birth. In communities where the educational load is the lightest, where economic ability is the greatest, and where cultural reSOI,Irces of home and community are the richest, education is supported liberally. In communities where the educational load is the heaviest, wher!' economic resources are the most limited, where the home and community have the least to offer for the cultural and intellectual development of youth, of necessity, the local support of education is far below an adequate level.
"Education can be made a force to equalize the condition of men. It is no less true that it may be a force to create class, race and sectional distinctions. The things I have mePtioned indicate clearly that the schools of the United States, which have heretofore been regarded as the bulwark of Democracy, may in fact become an instrument for creating those very inequalities they were designed to prevent. If, for a long period of years, each su.:ceeding generation is drawn in disproportionately large numbers from those areas in which economic conditions are poorest, if the population reserves of the nation continue to be recruited from economically underprivileged groups, and if the inability of the depressed economic areas and groups to provide proper education for their ckildren is not corrected by aid from areas and groups more prosperous, the effect on American civilization and on representative political institutions may be disastrous;" as was wisely pointed out by the President's Advisory Committee on Education.
To fail to raise the money for the State to send back to the local subdivisions to support their schools would be doing exactly the same thing we are complaining that the federal government is failing to do among the states. Therefore, let's do two things about education: Let's first meet our obligation up to our taxpaying ability here in our own home state by raising the money statewide to finance the program, and not throw the burden back on the local communities. Then, let's memorialize Congress to equalize our situation with the other states of the nation. I am working just as strenuously to secure the federal equalization fund as I am to secure the financing of the state program itself.

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HEALTH
Along, and hand in hand, with education goes health as a requirement for raising the income of our people. A person cannot earn his maximum if he is uneducated and untrained. A person cannot work at all if he is sick.
Eight hundred forty thousand dollars of the general fund budget is appropriated to the Department of Health. This, added to the $9,637,000.00 appropriated to the common schools, totals $10,477,000.00 or one-half of the total general fund appropriation. Since a person must be healthy in order to work and earn, and since he must be trained or educated to earn his maximum, we can increase the earning power of our people by health work and education. If we fail to raise the money to pay this $10,477,000.00 for health and education, we are voting to reduce the income of our people instead of voting to increase the income of our people.
Of the $840,000.00 in the general fund budget appropriated to the Department of Health, $240,000.00 goes to maintain the tubercular hospital at Alto. The average number of patients at Alto during this past fiscal year was 246. Only $600,000.00 of it goes for the general health program in the state, when the appropriation is paid in full.
It must be remembered that Georgia has many major problems in public health -typhus, malaria, hookworm, syphilis, tuberculosis, and typhoid; whereas in other sections of the county, outside the south, they only have the main problems of tuberculosis and syphilis. Rarely do they ever have typhoid fever. Malaria and hookworm and typhus are practically unknown in those sections.
Yet, not having the major health problems we have, the District of Columbia appropriates $3.52 per capita for public health; Delaware $1.21 per capita; Massachusetts, 76c per capita; Pennsylvania 6lc per capita; and New York appropriates 47c per capita. Georgia appropriates only l4c per capita. Even the much poorer state of Mississippi appropriates 24c per capita for public health. Some of our sister states in the southeast appropriate more and few less per capita for public health than Georgia. Wherever they appropriate less it is reflected in a higher death rate and a greater volume of sickness. Certainly, when Georgia is appropriating 10% less per capita for public health than Mississippi, we have a very, very conservative health program, even when the appropriation is paid in full.
Please remember: No person's health in Georgia is safe, until every person's health in Georgia is safe,-Failure to raise the money to pay the health appropriation in full may come home to us in disease from those we neglect.
We are also asking the Federal Government for additional health funds, without matching, much the same as we are asking for Federal equalization funds for education. I recommend that you pass a resolution memorializing Congres~ to give us this extra health money. The President has already recommended it to Congress.

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155

PUBLIC WELFARE
With common schools and public health totalling one half of our state general fund budget, the next large item is the Welfare Department. It is appropriated $5,532,500.00, or 260% of the general fund, in addition to Confederate pension money. I discussed Confederate pensions in my first message because they are paid from the allocation of cigar and cigarette tax. Strictly from the general fund, the Public Welfare Department is appropriated $5,532,500.00.
This appropriation is composed of the following separate items m the appropriation bill:
a. $2,000,000.00 for the operations of eleemosynary institutions, which are as follows:
The Milledgeville State Hospital with 7,243 inmates;
The Confederate Soldiers' Home with 11 veterans;
The School for the Deaf with 269 pupils;
The Training School for Mental Defectives with 336 feeble-minded persons;
The Training School for Boys with 148 inmates committed by the Courts;
The Training School for Girls with 154 committed by the Courts; and
The Academy for the Blind with an enrollment of 125 blind children.
You know the condition of these institutions. You know what a desperate drive we are making to try to remedy their physical condition. ln addition to these inmates a large number of counties in Georgia are having to keep their insane people in jails at the expense of the local ad valorem taxpayers because they cannot be accommodated at Milledgeville. When the appropriation is paid in full, there will only be $2,000,000.00 to maintain and operate these institutions. They are now being operated on a deficit because we simply do not want to turn these unfortunate people back on the counties to be supported in jails, or on local charities at the expense of the local taxpayers. But, unless the appropriations are paid in full, there is no alternative for us other than to send back to the counties enough of these unfortunate people to bring the population down to within the revenue we have to maintain them. Certainly we cannot pay for commodities to support them without money. Running on a deficit is a most unsatisfactory operation and results in higher prices having to be paid for commodities we use in their operation. Certainly, in an effort at economy, we should finance the operation of these institutions on a cash basis, and get the benefit of wider competitive cash prices.
b. The second item in the $5,532,500.00 appropriation to the Department of Public Welfare is $3,150,000.00 which is specifically appropriated as benefit funds for the payment of: old age, blind, crippled and dependent children benefits. Not one penny of this $3,150,000.00 in the appropriations bill can be spent for salaries, rents, overhead or administrative charges of any kind. This item of $3,150,000.00 is specifically and exclusively benefit money.

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The paymrnts made under the social security program for the month of January, 1939, shows a total of 49,938 drawing benefits, as follows:
36,223 drawing old age pensions, average payment $8.74;
44,406 applications pending;
1,240 drawing aid for blind benefits; average payment $10.93;
1,035 applications pending;
118 drawing crippled children benefits; average payment $112.30 for hospitalization, clinical and medical treatment;
I,424 applications pending;
12,357 drawing dependent children's benefits; average payment $7.87;
19,692 applications pending.
It is estimated that 80% of the total (66,557) applications pending as of January, 1939, or 53,246, will be eligible for benefits in varying amounts when investigated 'and placed on the rolls.
The social security program started in July, 1937. 42,570 persons were investigated and placed on the rolls during the first twelve months of operation, an average of 269 persons to each of the 159 countie> as compared to none in June, 1937. The rolls were increased at an average rate of 3,547 per month for the first twelve months.
Under the federal regulations, the federal government will participate in monthly old age benefits up to a limit of $30.00; in blind benefits up to $30.00; in dependent children's benefits up to $18.00 for the first child in a family and $12.00 for each additional child. The amount of benefits is determined by the required federal budget setup, whereby the income, if any, of the individual is taken into consideration and the assistance is granted on the basis of the deficiency in the funds needed to meet the required budget of each applicant. The highest individual benefit paid to any of the persons on the rolls was $30.00, and the lowest was $1.50. The federal government pays 50% of the old age benefits; 50% of the benefits for the blind; 50% of the benefits for the crippled children; and 33-1/3% of the benefits for dependent children. The crippled children's benefits are not made in direct payments but in payment for hospitalization, clinical and other medical treatment.
The Democratic platform of 1938 endorses the principle of the federal government paying social security benefits 100%, and calls upon our delegation in the national Congress to urge this provision. It is my information that our delegation is urging amendments to the social security act along this, or a similar, line.
I congratulate you upon passing the resolution memorializing Congress to carry out this provision in the party platform. I expected to carry in this message a recommendation that you pass such a resolution, but am proud that you anticipated it and passed it in advance uf my recommendation.

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157

I hope that at some future date, the earlier the better, the federal government will assume this burden. Meanwhile, it is the responsibility of the Assembly, and this administration, to meet and handle the problem to the best possible advantage.
I will go into the question of meeting the problem in this connection with you in detail in my next message. In this message I am seeking merely to show what goes with the $21,012,800.00 in the general fund, when we raise the money to pay the appropriations bill in full.
The point I wish to stress is that every dollar made available under this appropriation of $3,150,000.00 to the Welfare Department is strictly for benefits, and that not a penny of it can be spent for overhead costs. Every penny of it must go to the beneficiaries.
c. The third, and last, item of the $5,532,500.00 appropriated to the Welfare Department is an item of $382,500.00 appropriated for the administrative expense of the department.
The Assembly upon my recommendation, separated distinctly the benefit money from the expense money. I think this a wise provision so that the administrative expense cannot exceed the amount fixed by the Assembly, and the benefit money cannot be touched for administrative expense.
The administrative expense of the department includes not only the administration of old age pensions, aid for the blind, the crippled children's program, and the child welfare program, but also certain of the expense incident to the distribution of surplus commodity products, which are furnished us, without matching or any cost at all, by the federal government, except that we have to pay the expenses of trucks, warehouses and personnel necessary to distribute the commodities.
Last month the federal government gave us $485,030.21 worth of these surplus commodities. Our total surplus commodities distributed for the past twelve months amounted to $3,881,690.89. The distribution of this amount of surplus commodities each year evidences that our part of this item of administrative expense 1s considerable.
The administrative fund likewise inclJdes certain expenses of tht> investigation and certification of CCC camp enrollees. During the past twe!Ye months 3,639 enrollees in CCC camps have been accepted as a result of this work, and Georgia had 7,679 boys in CCC camps in December. The federal government pays cash CCC camp benefits 100%, which during the past year on the basis of these enrollees totalled $3,080,000 of which $2,256,000 went to parents of the boys; the boys themselves received $824,000. Besides the cash payment the federal government pays 100% the maintenance, food and clothing of these camps, which last year totalled $2,705,400.00. Making a total of $5,785,400.00 coming into Georgia in CCC money as a result of these certifications. Besides these cash benefits, the communities of the state received the benefit of the work done by these boys.
The administrative expense of the Welfare Department likewise includes certain of the expense of the investigation and certification of WPA employees.

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The federal government makes payment to these WPA workers without state matching. The labor average for Georgia, including skilled, unskilled, intermediate and professional men, and materials, is $35.00 per month. In round figures, approximately 61,000 people were on the WPA rolls in Georgia in December.
It is estimated that federal WPA funds, to the total of approximately twentyfive million dollars, are brought into Georgia annually through the WPA.
The administrative expense also included certain of the expense of the investigation and certification of NYA students. Approximately 18,650 poor boys and girls in Georgia, who otherwise would have been out of school, were paid directly in cash by the federal government under the NYA approximately $391,181.00 during the past year. Of this number, approximately 13,500 were high school students, receiving approximately $170,288.00; approximately 5,000 were college-aid students, receiving cash benefit payments totalling approximately $204,110.00; approximately 150 were graduate-aid students, receiving total cash benefits of approximately $16,783.00.
In addition to the foregoing NYA work projects furnished approximately 10,534 poor boys and girls with supplementary work for which they were paid last year approximately $908,495.00. The federal government pays these benefits 100%.
In other types of relief paid for 100% by the federal government, the Department of Welfare must co-operate by defraying certain of the administrative expenses of determining eligibility.
It should also be borne in mind that the $3,150,000.00 appropriation, when paid in full, is apportioned for benefits in lump sums, according to population, back to the counties, and is administered by the counties through local boards of welfare, appointed by the county commissioners, and local welfare directors, named by the local boards of welfare.
Not only is this true, but the federal funds matching these benefits are likewise apportioned direct in lump sums, and administered by the county boards. Likewise the 100% federal benefits, in the form of surplus commodities, CCC camp payments, WPA employment, and NYA benefits, are paid directly to the people in the counties and are not spent in any wise by the state government.
UNIVERSITY SYSTEM
$2,180,000.00, or 10%, of the total general fund budget is appropriated to the State University System for operation, maintenance, equipment and construction purposes.
This $2,180,000.00 is divided among 21 different units of the University System, located in different sections of the state. The wide distribution of the units of the University System enables this expenditure to touch every section of Georgia. The money is not spent by the state government at all, but is turned over to the Board of Regents in a lump sum to pay teachers and meet the expenses of the University System in much the same manner as the appropriation to the common schools is turned over directly to the local school boards to be spent by tht>m.

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159

As a result of the enlarged common school program, and the NYA benefits from the federal government, our university has grown until it is now the fifth largest state university in the nation.

PRISON PAROLE COMMISSION AND PENAL BOARD

These four main items--education, health, public welfare and the Universitv System-account for $18,189,500.00 or 860% of the $21,012,800 in the gener~l fund. There is one other item in the general fund budget which makes up the total of $18,556,500.00, or 88~%. of the general fund, which I said at the outset went direct to the benefit of the people in the various counties of the state; this iast item in this category being $367,000.00, or 2%, of the total general fund budget is appropriated for the operating expense of the penal and parole boards, and $267,000.00 of this amount is for the operation of the state prisons at Milledgeville and Reidsville, and the supervision and allocation of prisoners to the various county camps.
Out of the $267,000.00 for the Penal Administration Board to operate the Tattnall and Milledgeville prisons, and in connection with the operation of the county camps, is made an annual payment item of $48,028.53, due the federal government each year on the purchase price of the Tattnall Prison.
The $100,000.00 for the maintenance and support of the Prison and Parole Commission includes the expense of initiating and considering, at least once annually, without application, the case of each person committed to serve a term in any of the penal institutions of the state, and to provide adequate s~pervision of all parolees, probationers and all persons released on conditional pardons.

SUMMARY

Summarizing, I have analyzed for you the $1,100,000.00 fixed funds which is

5% of the total appropriations over which we have no discretion as to amounts

of payment, and $18,556,500.00, or 880%. of the total general fund appropriations

bill, which goes for direct benefits to the people of the various counties in the state

as follows:

Common schools......------------------------------------------------------$ 9,637,000.00 Health services------------------------------------------------------------- 840,000.00 Welfare services.--------_------- ___ .__ -------. __________ ---------.---- __ . 5,532,500.00
University system-------------------------------------------------- ------ 2,180,000.00 Prison services------------------------------------------------------------- 367,000.00

46 % 4%
26Y:%
10 % 2%

TotaL-------------------------------------------------------------------$18,556,500.00 880% Adding to this $1,100,000.00, or 5%, makes a total thus far of $19,656,500.00 or
93Yz%, of the general fund appropriated, when paid in full, thus accounted for.
SPECIALIZED SERVICES
$531,300.00, or 20%, of the total general fund is for specialized services which are rendered the people in various sections of the state. These specialized services are as follows:

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a. $123,500.00 for entomology services, which are to prevent the introduction into the dissemination within this state of insect pests and diseases of plants; to provide for the regulation of the sale and distribution of articles or substances capable of or likely to harbor, or be infested or infected by. insects or plant diseases; to assist in the marketing of products of this state to the extent of issuing certificates of freedom, or relative freedom, of such products from infestation, of infection, by insect pests or plant diseases. et cetera.
b. $75,000.00 for the employment service in the Department of Labor for the maintenance of free public employment offices in such numb~r and in such places as may necessary to secure employment for the unemployed and for the proper administration of the Georgia Unemployment Compensation Act and for the performance of such duties as are in the purview of the Act of Congress entitled, "An Act to provide for the establishment of a national employment system and for co-operation with the states in the promotion of such a system; and for other purposes.''
This employment service is further supported by $75,000.00 from the WagnerPeyser Act annually and by $114,359.48 from the Social Security Board quarterly, both federal monies in addition. to our $75,000;00.
Its work in the unemployment compensation work is financed 100% by the federal government, and amounts to a quarterly sum of $120,062.37, which does not require state matching.
The employment service, during the past year, secured jobs in private enterprise for 34,580 Georgia unemployed people.
c. $25,000.00 of the general fund is the expense incident to the duties of the Commissioner of Labor, which are to superintend the enforcement of all labor laws in the state; to make or cause to be made all nect'ssary inspections; to see that all laws and rules which the department has the duty, power and authority to enforce, are promptly and effectively carried out; to make investigations, collect and compile statistical information, and report upon the conditions of labor generally; to do all in his power to promote the voluntary arbitration, mediation and conciliation of disputes between employers and employees.
Be it remembered that during the two years this department has functioned every dispute and strike between employers and employees (of which there has been a large number) have been settled amicably without the necessity of calling out the militia; whereas during the two years before the establishment of this department, there was expended $176,974.26 of the taxpayers money in calling out the militia. This furnishes a striking example of the economy effected by this department.
d. $17,500.00 goes to the Library Commission for the purpose of conducting a system of traveling libraries and circulating such libraries within this state among communities and institutions free of cost, except for transportation. The commission is also directed to give counsel and advice to all libraries and to all communities as to the best means of establishing and administering such )ibraries.

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161

e. $85,000.00 goes to the Military Department to perform such duties as pertain to the public defense laws of the state, and as may be provided by the laws, rules and regulations for the government of the United States army. They are required to be custodian of all military records, to attend to the care, preservation and safekeeping of all funds and property l;>elonging to the United States m possession of the National Guard of the state, and numerous other duties as required, including aid to the seventy-five National Guard units of the state.

f. $95,300.00 goes to the forestry division of the Department of Natural Resources to cover the cost necessary to prevent and suppress forest fires; to enforce any and all forest fire laws; to demonstrate the practical utility of timber culture; to give such advice, assistance and cooperation to Georgia land owners and forest users to promote forest culture, prese;vation, reforestation and approved methods of lumbering and turpentining as may be necessary for carrying out a comprehensive forestry program in our state, and to match certain federal funds and cooperate with the federal government in this work.

g. $60,000.00 goes to the mines, mining and geology division of the Department of Natural Resources to make surveys of water courses, ponds, lakes and swamp regions of the state, showing the locations, extent, means and plans of drainage, and have and give information about the various mineral reso.uces of the state, including industrial and economic utilization, and to make recommendations for their more profitable use. Many additional mining operations and processing of raw materials have been stimulated by this department during the past year.

h. $50,000.00 goes to the parks division of the Department of Natural Resources, including the cost of the control and management of all parks and recre:~. tional areas acquired by the state, including the duty of planning and conducting a program of information and publicity as to the >cenic, recreational, historical and scientific points and places within the state, designed to help our own people and to attract tourists and visitors from outside the state to this state.

At the time of ~he creation of the parks division, less than two years ago, the state had only 4,973 0 acres in state parks. We now have approximately 33,000 acres of these parks, and are negotiating for approximately 31,000 additional acres.

This completes the analysis of the $531,300.00, or 2/;% of the general fund

budget which is utilized to furnish, more or less, specialized services to the people.

Adding $531,300.00, or 2;'2%, for these services to the $19,656,500.00, or 930%,

heretofore detailed, makes a total of $20,187,800.00, or 96%, of the total general

fund appropriations thus accounted for, leaving a balance to be analyzed of the

general fund of $825,000.00, or 4%, of the total gener'al fund budget, when the

appropriations are paid in full.



This $825,000.00 is the annual cost of supporting the vanous state executive
departments paid for from the state's general funds. You are familiar with tht'
duties of these various departments, so I will merely enumerate them to you and the amount they receive of this $825,000.00 or 4% of th~ total general fund budget, when the appropriations are paid in full.

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Auditing Department............................................................................$ 85,000.00
Comptroller GeneraL.......................................................................... 90,000.00 Governor, Supervisor of Purchases, Buildings and Grounds........ 100,000.00 Law Department................................................................................... 50,000.00 Library................................................................................................... 30,000.00 Planning Board...................................................................................... 15,000.00
Revenue Department................................... -'-- 360,000.00 Secretary of State.................................................................................. 35,000.00 State Treasury...................................................................................... 30,000.00 Veterans Service.................................................................................... 30,000.00

Total ................................................................................................$825,000.00

This gives you the disposition of the entire general fund appropriations bill of $21,012,800.00, when the appropriations are paid in full, which, recapitulated, follows:

Fixed items, as outlined..............................................$ 1,100,000.00 Common schools.......................................................... 9,637,000.00 Health services............................................................ 840,000.00 University System........................................................ 2,180,000.00 Welfare activities........................................................ 5,532,500.00 Prison services.............................................................. 367,000.00 Specialized services, as outlined................................ 531,300.00 State executive departments, as outlined.................. 825,000.00

5% 46 %
4 o/c
10 %
26,'/%
2%
2Yi%
4%

TotaL...................................................................$21 ,012,800.00 100 %

RECIPIENTS OF INCREASED APPROPRIATIONS OVER PREVIOUS YEARS

This administration has increased the general fund appropriations, when paid in full, $10,640,616.67. I want to analyze where these increases go.

First, $10,265,566.67, or 961/,% of the increases go directly back to the people in the various counties, as follows:

Common schools increased........................................$ 5,072,400.00 Health services increased.......................................... 480,000.00 University System increased...................................... 346,666.67 Welfare services increased........................................ 4,134,500.00 Prison services increased............................................ 232,000.00

48 %
41/,%
3% 39 % 2%

TotaL ...................................................................$1 0,265,566.67
Increases in items of agencies rendering request service to the people in the counties, such as entomology, ' forestry, parks, employment services, etc...................$ 366,300.00

960%

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163

Increases in fixed items, such as public debt and
interest, legislative and judicial expense...................... 42.000.00 2/3 of 1 %
Offset by decreases in fixed state executive depart-
ments, such as the Auditing Department, Comptroller General's office, executive, treasury, etc......... 33,250,00(-)2/3 of 1 %

Total increases in appropriations....................$10,640,616.67

100 %

Be it remembered that general fund appropriations to the fixed -::xecutive departments of the state government under this administration total $33,250.00 less than was appropriated from the general funds to support the fixed state executive departments under the previous administration. We thus see that all of the increase of $10,640,616.67 went in direct benefits back to the people in the varion~ counties, or into agencies rendering special request services to the people in -~he counties, such as entomology, forestry, parks, employment services, et cetera, and to fixed items, such as public debt and interest, legislative and judicial expenses.

I have thus given you an analysis of the general fund budget, when the appropriations are paid in full, and of the increases in the general fund appropriations made by this administration, so that you can see both where every :0enny of the general fund money goes and where every penny of the i"ncrease in the general fund goes. Except for this increase in the state budget for the benefit of the local people and local subdivisions, they would have to raise the momy by local ad valorem taxes if the schools and other services were not closed.

CONDITION OF THE TREASURY WHEN THIS ADMINISTRATION CAME INTO OFFICE
Before analyzing the financial condition of the state as compared to the general fund appropriations, when paid in full, I want to analyze the condition of the treasury two years ago when this administration came into office.
On January 1, 1937, there was $5,415,458.95 in the state treasury. Of this amount $4,767,452.97 was allocated funds due local subdivisions and departments of the state, and only $648,005.98 was in the general fund.
I now want to analyze to whom the $4,767,452.97 of allocated money was due, but unpaid, and to whom this administration paid over those bnds under the allocations as due:
$3,197,121.04 of these allocated funds on hand when this administration came into office were special earmarked funds due the Highway Department, which, if not paid, would have created in the Highway Department a deficit of $6,310,335.45. We paid over to the Highway Department this $3,197,121.04 due them, and thereby decreased the deficit in the Highway Department left by the last administration to $3,113,214.41. This was the deficit in the Highway Department at the time this administration came into office after turning over the allocated funds of $3,197,121.04 due the Highway Department, but left in the state treasury by the last administration.

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$377,972.63 of these allocated funds in the treasury when this administration came into office were earmarked for the payment of Confederate Veterans and their widows, and were paid promptly to them when due.
$546,024.37 of the allocated funds in the treasury when this administration came into office were earmarked for the payment to counties of the funds from the one cent per gallon gasoline tax due the counties, and this administration promptly paid it over to the counties.
$447,256.59 of these allocated funds on hand in the treasury when this administration came into office were special earmarked funds for the benefit of the school children of the state due to them, which the previots administration had retained in the treasury and which was promptly made available to them.
There was a total of $199,078.34 of the allocated funds making up the balance of $4,767,452.97 of allocated funds in the treasury when this administration came into office which was specially earmarked and re~erved for the state bond sinking fund, accumulated for payment to that date on the st<!te bonds, sinking fund, to pay W. & A. rental discount note due on that date; and several nominally small balances of various state agencies, detailed in the State Auditor's report. It is thus seen that every dollar of the $4,767,542.97 allocated moneys left in the state treasury were earmarked for, and due to, these subdivisions and agencies, and were immediately paid .over to them.
In addition to the net deficit against the Highway Department of $3,113,214.41 in allocated moneys after paying them what was held in the treasury of allocated funds due them when we took office, there was likewise an indebtedness against the Game and Fish Department, a department operating on allocations of $12,785.46.
It is thus seen that $4,767,452.97 of the $5,415,458.95 left in the state treasury at the time this administration. took office was allocated and due to these various subdivisions and allocated departments, and, when turned over, left a net deficit in the allocated funds of $3,113,214.41 against the Highway Department and $12,785.46 against the Game and Fish Department, or a net deficit in allocated funds of $3,125,999.87. That was the condition of the trt>asury as to allocated funds when this administration came into office.
As stated, $648,005.98 was in the treasury to the credit of the general fund when this administration came into office. As against that general fund balance of $648,005.98, there was past due indebtedness due on bills owed by the Milledgeville State Hospital of $319,547.63; due on bills owed by the Department of Agriculture (then a general fund department, but by the last Legislature changed to an allocated department) $70,000.00; due on debts owed by the military department $152,445.37. These three items of past due debts total $5H,993.00 as against the general fund balance of $648,005.98. In addition to this, there were many, many bills against various other general fund agencies of the State government that were merged into the January or first month's operation of the general fund departments under this administration. In other words, the general fund balance

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165

in the state treasury barely, if that, balanced the outstanding past due indebtedness against general fund departments. So that the net treasury situation when this administration came into office was $3,125,999.87 deficit against the allocated funds and an approximate zero balance in the general fund.
Be it further remembered that independent of the foregoing this administration, since we came into office, has paid on fixed debts due by the state as follows: $1,080,000.00 on W. & A. rentals; $400,000.00 on state bonded debts; $5,314,954.66 on debts due the counties of the state on the highway refunding certificates; and we now hold in the treasury a million and a half dollars reserve fund to apply on the $2,650,000.00 payment due the counties on March 25th of this year.
We have not been withholding from the counties, in the treasury, their one cent a gallon gasoline tax, but have been paying this to them monthly. We havt' been likewise paying promptly to the school children the moneys allocated to them.
I thought it well to analyze to you the condition of the treasury at the time this administration came into office.

ANALYSIS OF PRESENT FINANCIAL CONDITION
I now want to analyze the present financial condition of the state with reference to meeting this fiscal year the $21,012,800.00 general fund appropriations made by the last Assembly, which go in the manner I have heretofore outlined. The state auditor estimates, after consulting with the various revenue collecting officials, that the general fund receipts for the present fiscal year, ending June 30, 1939, will be $12,500,000.00. I will reconcile this figure with the available funds for the last fiscal year presently.
The experience of the state government has been that the estimates of revenue as made by the state department of audits have been very close to correct in past years; in fact, the advance estimates of the department of audits of incoming revenue, in any given period, have been within 5c;;, of the actual revenue that has come in within that period.
With this past experience, 1t 1s well to accept the estimate of the auditing department as practically exact, when it estimates we will have $12,500,000.00 to apply on the $21,012,800.00 general fund appropriations bill.
It will be noted that had we not increased the general fund appropnatwns to schools, health, et cetera, and left it v.-ith the locai counties to raise by ad valorem tax on their local people, we could pay the general fund appropriations and have a neat treasury balance left, despite the fact we have exempted homes and the household and kitchen furniture of our people from taxes.
With only $12,500,000.00 coming in with which to pay the $21,012,800.00 general fund appropriations bill, we lack $8,512,500.00. We must either raise this $8,512,500.00 and pay the appropriations bill in full, or we must scale down the appropnatwns in accordance with the grandfather -cla1:se to the extent of this $8,512,500.00 \Ve lack having the money to pay it in full. If we exercise the

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grandfather clause and scale down these general fund appropriations $8,5 12,500.00, here is how much each item in the general fund appropriations will lose:

Losses Common schools......................................................$4,089,056.20 Health department (general).............................. 254,584.80 T. B. sanitorium.................................................. 101,833.92 University System.................................................. 924,991.44 Public welfare services.......................................... 1,498,868.01 Prison services........................................................ 155,721.04

Per Cent
48 % of the loss 3 % of the loss 1!4% of the loss 11 %of the loss 17;~% of the loss 1~% of the loss

Services going directly back to the counties....$7,873,671.41 Agencies rendering specialized services, such
as forestry, parks, entomology, etc................. 225,434.85

92}.;;% of the loss 2~% of the loss

Sub-total................................................................$8,099, 106.26 Other departments.................................................. 413,693.74

95 % of the loss
5 % of the loss

Total loss................................................$8,5 12,800.00 100 % of the loss
It will be noted that the percentage given is the percent of the loss in each instance and not the percent the various items will suffer; for instance, while the loss of $413,693.74 to the departments, if the appropriations are not paid in full, is only 5% of the total loss of $8,5 12,800.00, we lack having enough money to pay the appropriations bill in full. Actually the loss to the departments will be 57% of the $825,000.00 appropriated to them. The remaining items are analogous.
It is, therefore seen, by comparing the foregoing statement with reference to that given in the increases of items that go directly back to the people in the various counties, that even though our present state general fund budget provides for increased benefits to go back to the counties in the sum of $10,265,566.67, or 96~% of the total increases, the lack of $8,512,800.00 of funds with which to pay the appropriations bill in full will deprive these services from going back to the counties in the amount of $7,873,671.41 of their increased budget.
It is also noted that the services rendered the people by the specialized state agencies, such as forestry, parks, entomology, et cetera, which were authorized to be expanded by $366,300.00 will lose $225,434.85 by the lack of funds.
And, it is further noted that the executive departments of the State government which did not receive as a whole increases in their budgets from the general fund over previous years will get $413,693.74, or 57%, less than they had in previous years on which to operate.
The $8,512,800.00 that is necessary to be raised to pay the present general fund appropriations in full is not for increased expenses of the state departments, as you have seen; it is $8,099,106. 26 for the people in your counties, as follows:

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167

$4,089,056.20 2,347,484.01 924,991.44 356,418.72 155,721.04 225,434.85

for common schools for welfare services for the University System for health services for prison services for specialized services

$8,099,106.26 Total
The remainder of $413,693.74 is to replace to the executive departments of the state the funds they are losing because of the other heavy increases and, when replaced, this amount will merely give them an aggregate of funds up to what they have been given in previous years from the general fund.
Be it remembered that we changed our fiscal year to run from July to July, instead of January to January, in order to have the state fiscal year run concurrently with the federal fiscal year, because we get so much money from the federal government for highways, social security, health and certain educational funds, and in order to have our fiscal year run concurrently with the school fiscal year, in that the larger part of our revenue is spent for schools. In revising our fiscal year to run from July to July, we had to make a short fiscal year from January 1, 1937, to July 1, 1937, of six months, in order to reach a July 1st date on which to start our new July to July fiscal year.
During this short fiscal year from January 1, 1937, to July 1, 1937, we made certain adjustments in our revenue laws that enabled us to somewhat increase our revenue in contemplation of the exanded services in education, health and social security, et cetera. However, we did not start our social security program, our expanded educational program, or expanded health program, until July 1, 1937. Therefore, during the six months period, from January 1, 1937, to July 1, 1937, we accumulated a surplus of $1,940,649.81 in the general fund. Therefore, on July 1, 1937, there was a general fund balance of $1,940,649.81 due to the fact that we had increased our revenue but had not begun the expanded services. This was an accumulation during the first six months period of this administration, and not a balance brought forward from the last administration.
Therefore, for the past fiscal year, July 1, 1937, to July 1, 1938, we had this $1,940,649.81 balance in the general fund to start with. In addition to that we collected for the general fund during thE past fiscal year, July 1, 1937, to July 1, 1938, the following itemized taxes:
Property tax......................................................................................$ 4,777,771.69 Inheritance tax.................................................................................. 122,741.25 Income tax............................,........................................................... 5,168,493.99 Corporation tax................................................................................ 371,261.98 Poll tax.............................................................................................. 259,840.26 Fuel oil tax (3%)............................ ............................................. 463,195.01 Professions tax.................................................................................. 72,754.33

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Insurance premium tax-----------------------------------------------------------------Cigar and cigarette tax-----------------------------------------------------------lnsu ranee agent's tax_________ -------------------------------- __ ---- ... -------------------
Business license taxes----------------------------------------------------------------Motor Vehicle tax (3% and 5%)---------------------------------------Alcoholic beverage tax __________ ---------------------------------------------------Miscellaneous items of 3% of certain allocations, etc----------

1,215,678.08 1,397,744.36
86,398.34 533,195.36 110,677.36 731,546.51 375,056.93

Total income ________________--------------------------------------------------$15,686,355.45

Adding this $15,686,355.45 income to the general fund from the sources I have enumerated to the $1,940,649.91, balance in the general fund accumulated during the six months short fiscal year from January 1, !937, to July I, 1937, as I have explained, made a total general fund available for the last fiscal year, from July 1, 1937, to July 1, 1938, of $17,627,005.26, with which to pay the approximately $21 ,000,000.00 general fund appropriations. (In addition, we accumulated an indebtedness against the State Hospital at Milledgeville because there was not enough money to pay the appropriation to it in full the last fiscal year and we simply would not let those unfortunate people go hungry and did not want to return them to the counties. This indebtedness, in the way of bills accumulated for the operation of the State Hospital, must be paid in some manner.)
From this analysis it is seen that for the purpose of determining the estimate for revenues during this fiscal year, we start with the basic figure of $17,627,005.26, of cash funds available during the last fiscal year. Remembering this figure as what we had in cash to pay the general fund appropriations the last fiscal year, I will now detail in round figures the items as estimated by the state auditor that cause a reduction in that amount down to the $12,500,000.00 that we will have available this fiscal year, or why we lack $8,512,500.00 having enough money to pay the general fund appropriations bill in full this fiscal year; whereas, we only lacked approximately three and a half million dollars having enough money to pay the general fund appropriations bill in full the last fiscal year. In other words, I will detail to you this net loss in revenue in the general fund of more than five million dollars during this fiscal year over the cash we had during the past fiscal year, by detailing the following losses and gains:
1. The first loss is $1,940,000.00 surplus, in round figures, we had at the beginning of July 1, 1937, brought over from our operations from the previous six months period, as I have explained, which we did not have on July 1, 1938.
2. $200,000.00, in round figures, reduction in the general fund part of the cigar and cigarette tax, because of increase in requirements of allocated funds from that source to pay additional Confederate pensions, because we added 1261 widows when we moved the eligibility marriage date up to January 1, 1920.
3. $300,000.00, in round figures, reduction in insurance premium tax because of collections being made after July Ist the previous fiscal ye_ar, which ordinarily are collected prior to July 1.

TUESDAY, JANUARY 31, 1939

169

4. $800,000.00 in round figures, reduction because of stabilization fund being effective for twelve months, instead of six months; therefore, transferring $800,000.00 additional to the allocated funds.
5. $1,500,000.00 in round figures, reduction in income tax because of loss from economic conditions and from act passed authorizing the deduction of federal mcome taxes from state income tax returns.
6. $1,350.000.00 reduction in property tax because of economic conditions and exemptions.
7. $175,000.00 gain from the state's part of the intangible tax, which was m force this fiscal year, but was not in force the last fiscal year.
8. $688,000.00 gain in liquor tax due to the fact that the liquor tax will come in for the full fiscal year; whereas, it was only in operation a part of the last fiscal year.
Adjusting these losses and gains, wr have a net loss, estimated by the department of audits, of $5,127,000.00 cash available for the general fund this fiscal year over what cash we had for the last fiscal year. Therefore, $5,127,000.00 of the $8,512,500.00 necessary to be raised to pay the general fund appropriations bill in full is merely replacing these losses in funds from the previous year, which losses represent, for the most part, a reduction in taxation in one form or another. In other words, except for these losses in revenue for this fiscal year over the revenue available for the past fiscal year, we would only have to raise approximately three and a half millio::1 dollars to pay the present general fund appropriations bill in full.
SUMMARY
Summarizing, I have detailed to you an analysis of the $21,012,800.00 general fund budget, when the appropriations bill is paid in full; where every penny of it goes. I have detailed to you the condition of the treasury when this administration came into offic~. I have detailed to you the increases we have made in the state general fund budget. I have detailed to you our financial situation during the last fiscal year, as applied to the general fund budget for the last fiscal year. I have detailed to you an adjustment of the losses and gains, whereby we lack eight and a half million dollars, in round figures, having enough money with which to pay the general appropriations bill in full this fiscal year. I have detailed to you the items in the general fund appropriations bill that will be cut, and how much each will be cut unless the general fund appropriations bill is paid in full. I have detailed to you where every penny of this eight and a half million dollars, necessary to be raised to pay the present appropriations bill in full, goes when it is raised. I have shown you that when the general fund appropriations bill is paid in full that $18,556,500.00 of the $21,012,800.00, or 88%% of it, goes for the direct benefit of the people in the various counties, and is paid by the state to relieve the taxpayers of the counties of an unequal and unfair tax burden, as between the poorer and
richer counties of the state. I have shown you that $1,100,000.00, or 5%, of the
general fund appropriations bill are fixed-sum charges, fixed by the Constitution

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and Laws of the State, that are in no wise discretionary. have shown you that $531,300.00, or 2%%, of these total general fund appropriations, when paid in full, go in specialized services requested by the people in various counties and sections of the state. And I have shown you that only $825,000.00, or 4%, of the total general fund appropriations bill goes for the operating expenses of the executive departments of the State government, which are, in reality, the backbone of the State government, such as the constitutional officers, auditir.g department, et cetera.
It is well to point out that the $3,150,000.00 benefit appropriation to social security goes in lump sums down into the counties in proportion to population, and is spent there by the local people, and is not touched by the state administration, except to send it down there; and that $9,637,000.00 of the general fund budget is sent direct in lump sums to the county boards of education, and is spent by them in teachers pay, and is not touched by the state, except to send it to them. This makes a total of $12,787,000.00 of the general fund budget, when paid in full, that goes down to the local governments to be spent hy them. I pointed out to you that of the allocated funds $14,960,452.31 was sent down into the counties and school districts in lump sums to be used by them. Adding the $14,960,452.31 of allocated funds, sent to the local subdivisions to be spent by them, and the $12,787,000.00 of the general fund, sent to the local school boards and county authorities to be spent by them, makes a total of $27,747,452.31 of the $47,968,256.90 of the state's gross budget that goes directly back down into the counties, and is spent by the local governments in furnishing their governmental services, and IS only collected by the state and sent to them.
I have further pointed out that in addition to this $27,747,452.31, that the remaining items of the general fund appropriations bill are either fixed constitutional or statutory items of $1,100,000.00, or are general and specialized services to the people in the counties of $531,300.00 that they would have provided by local ad valorem tax, if we did not maintain them by the state, or do without them, which would be a great injustice to the people. I have shown that the strictly executive departments of the State government, which form the State government machinery proper, only spend $825,000.00, or 4%, of the total general fund budget; and I have even included in that item the Veterans Service office, that renders :;erv1ce to the people down in the counties who otherwise would have to employ private lawyers.
This message, coupled with my first message, gives a complete picture of where every penny of the $47,968,256.90 gross state budget goes.
In my next message I will analyze to you, a revision in our tax laws, through which we can take off some taxes and substitute other taxes for them, thereby raising the monq to pay the appropriations in full and balance our budget.
Having given you this detailed analysis, I ask you to study these two messages. I am having this one printed and placed in your hands for future study, as I did my first message. Then, I am asking that you advance with me in our thinking to the next message on the question of ways and means to balance the state budget and finance the present program.



TUESDAY, JANUARY 31, 1939

171

Until that time, and on through the session, may your work continue to be pleasant, and may it likewise be profitable to the people of this great state.
Mr. Gross of Stephens, moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
Under the previously adopted motion of Senator Durden of the lOth district, the Senate stood adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Ga.,
Wednesday, February 1st, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
.By unanimous consent the reading of the Journal was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that he had examined the Journal of the preceding session and found it correct, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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 of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President: The House has passed by the requiSite constitutional majority the following
bills and resolutions of the House, to-wit:
By Messrs. Lovett of Laurens and Moore of LumpkinHouse Bill No. 16. A bill abolishing the present state licensing board and
transferring all functions and business to the state highway board; and for other purposes.
By Mr. Thigpen of GlascockHouse Bill No. 255. A bill repealing the Act creating the board of commis-
sioners of roads and revenues of Glascock county; and for other purposes.
By Mr. Thigpen of GlascockHouse Bill No. 256. A bill creating a board of commiSSIOners of roads and
revenues for Glascock county; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1939

173

By Mr. Claxton of Johnson-
House Bill No. 260. A bill altering, revtsmg and amending the several Acts relating to incorporating the City of Wrightsville; and for other purposes.
By Messrs. Gross and Roughton of Washington-
House Resolution No. 74. A resolution memorializing the Georgia delegation in the National Congress to enact legislation amending the Clarke-MeN ary Act so as to provide for the sale of slash pines; and for other purposes.
By Mr. Carrington of Barrow-
House Resolution No. 78. A resolution to express to the bereaved loved ones of the state's distinguished late Chief Justice Richard B. Russell the high esteem and deep affection in which he was held throughout our state; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit: By Messrs. Sabados and Allen of Do~gherty-
House Resolution No. 44-164 B. A resolution extending the time for purchasing auto license tags until February 15, 1939.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 70. A bill amending an Act approved March 30th, 1937, with reference to the creation of the Housing Authority in this state and defining their powers; and for other purposes.
Referred to Committee on State of the Republic.
By Senator Cail of the 17th districtSenate Bill No. 71. A bill providing for four terms each year of the superior
court of Screven county and designating the time for holding said terms; and for other purposes.
Referred to Committee on Special Judiciary.
The following resolution of the House was read the first time and referred to committee:
By Messrs Sabados and Allen of Dougherty county--

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JOURNAL OF THE SENATE,

House Resolution No. 44. A resolution providing for the extension of the time limit for obtaining automobile tags for 1939; and for other purposes.

Referred to Committee on Motor Vehicles.

The following bills of the House were read the first time and referred to committees:

By Messrs. Lovett of Laurens and Moore of Lumpkin counties-

House Bill No. 16. A bill abolishing the present state licensing board and transferring all functions and business to the state highway board.

Referred to Committee on State of Republic.

By Mr. Thigpen of Glascock county-

House Bill No. 255. A bill repealing an Act which created a board of commissioners of roads and revenues for Glascock county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Thigpen of Glascock county-

House Bill No. 256. A bill creating a board of commissioners of roads and revenues of Glascock county; and for other purposes.
Referred to Committee on Counties and County :Matters.
By Mr. Claxton of Johnson County-
House Bill No. 260. A bill revising the several Acts which incorporated the City of Wrightsville ; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Manning of the 39th 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. 56. By Mr. Franklin of Polk. Do pass.
House Bill No. 61. By Mr. Franklin of Polk. Do pass.
House Bill No. 69. By Mr. Franklin of Polk. Do pass.

House Bill No. 70. By Mr. Franklin of Polk. Do pass. House Bill No. 212. By Mr. Sapp of Coffee. Do pass. House Bill No. 3. By Mr. Pilcher of Warren. Do pass.

WEDNESDAY, FEBRUARY 1, 1939

175

House Bill No. 87. By Messrs. Graham and Blease of Brooks. Do pass. House Bill No. 211. By Mr. Coogler of Clayton. Do pass. Senate Bill No. 18. By Mr. Harrell of 7th district. Do pass.
Respectfully submitted, Manning of 39th district, chairman.
Mr. Don B. Howe of the 38th 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 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. 4. Do pass as amended. House Bill No. 108. Do pass. Senate Bill No. 24. Do pass.
Respectfully submitted, Howe of 38th district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report: Mr. President:
Your Commmittee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 52. Do pass. House Bill No. 105. Do pass. House Bill No. 95. Do pass. House Bill No. 187. Do pass.
Respectfully submitted, Sanders of the 36th district, chairman.
Mr. McGinty of the 43rd district, chairman of the Committee on Agriculture, submitted the following report: Mr. President:
Your Committee on Agriculture have had under consideration the following

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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,
McGinty of 43rd district, chairman.
The following bills of the House, favorably reported by committees were read the second time :
By Mr. Pilcher of Warren-
House Bill No. 4. A bill granting the county commiSSioner of any county power to purchase material for public work; and for other purposes.
By Mr. Pilcher of \Varren-
House Bill No. 3. A bill to amend an Act entitled the charter of Warrenton, Georgia; and for other purposes.
By Mr. Franklin of Pope-
House Bill No. 56. A bill amending the charter of the City of Rockmart so as to describe the manner of electing members of the council; and for other purposes.
By Mr. Franklin of Pope-
House Bill No. 61. A bill amending the charter of the City of Rockmart so as to prescribe the time of electing members of the council; and for other purposes.
By Mr. Franklin of Pope-
House Bill No. 69. A bill amending the charter of the City of Rockmart so as to provide for the qualification and registration of candidates for mayor and councilmen; and for other purposes.
By Mr. Franklin of Pope-
House Bill No. 70. A bill amending the charter of the City of Rockmart by prescribing the hour for opening and closing of polls in city elections; and for other purposes.
By Messrs. Graham and Blease of Brooks-
House Bill No. 87. A bill authorizing the City of Quitman to levy additional ad valorem tax for school purposes; and for other purposes.
By Messrs. Joel and Bennett of Clarke-
House Bill No. 95. A bill amending the Acts creating the city court of Athens so as to provide for the election of the judge and solicitor by the people; and for other purposes.

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177

By Mr. Connell and Mr. Edwards of Lowndes-
House Bill No. 105. A bill providing for the appointment of an official court reporter for the city court of Valdosta; and for other purposes.
By Mr. Ragan of Pulaski-
House Bill No. 108. A bill reducing the bond of the treasurer of Pulaski county; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 187. A bill fixing the salary of the judge of the city court of Cairo; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 211. A bill to authorize the City of Jonesboro to enact zoning ordinances; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 212. A bill amending the charter of the City of Douglas; and for other purposes.
The following bills of the s~nate, favorably reported by committees, were read the second time:
By Senator Harrell of the 7th district-
Senate Bill No. 18. A bill amending the.,Act creating a new charter for the City of Quitman; and for other purposes.
By Senator Daves of the 14th district-
Senate Bill No. 24. A bill to amend the Code of 1933, so as to abrogate the common law rule that upon the death of a sole executor, the administration shall pass ipso facto to the executor of such executor; and for other purposes.
By Senator Smith of the 24th, Williamson of the 13th, Cochran of the 23rd and Sanders of the 36th districts-
Senate Bill No. 39. A bill to authorize the commissiOner of agriculture to set up and establish standard grades for fertilizer; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 52. A bill providing for the repeal of an Act creating the city court of Sylvania; and for other purposes.
The following resolution of the House was read and adopted:
By Mr. Carrington of Barrow-
House Resolution No. 74:

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Whereas, an all-wise Providence has seen fit to call the Honorable Richard B. Russell to his reward ; and
Whereas, the Honorable Richard B. Russell served the people of his state for a long period of years with distinction and unselfish devotion; and
Whereas, throughout this period of service the Honorable Richard B. Russell did, through his exemplary character and loyalty to his friends and his high trust, endear himself to many thousands of people throughout Georgia; and
Whereas, his worth to the State of Georgia gained recognition by its people through the bestowal of successive offices of trust upon him, beginning with a place in the General Assembly of Georgia, through the state's courts and on to the chief justiceship of the Supreme Court; and
Whereas, his voice was ever heard on the side of the common people of his state, as against any specially privileged few, without regard to his personal or political interest; and
Whereas, as chief judicial officer of the state, he was loved as a man and respected as a jurist by his associates on the court; and
Whereas, his written opinions as chief justice have been widely recognized for their clarity and beauty of expression, their foundation in the law and its tenets, and th~ir qualities of sheer wisdom and human right and justice; now, therefore,
Be it resolvt'd, that the House of Representatives of Georgia, the Senate concurring, express to the bereaved .loved ones of the state's distinguished late chief justice the high esteem and deep affection in which he was held throughout our state; and
Be it further resolved, that these resolutions be spread upon the record of the House and of the Senate and that a copy of the same, suitably inscribed, be presented to the devoted widow and children of the late Chief Justice Richard B. Russell.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The Speaker has appointed a Third Committee Conference on the following bill of the Senate, to-wit:
By Senator Lindsay of the 34th, Durden of the lOth and Brooks of the 8th districts-
Senate Bill No. l. A bill to be entitled an Act known as the State Hospital Authority, to define its duties; and for other purposes.

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179

The Speaker has appointed as a Committee of Conference on the part of the House, the following members of the House, to-wit:

Messrs. Sams of DeKalb

Gross of Washington, and

Parker of Colquitt.

Senator Lindsay of the 34th district asked unanimous consent that the Senate reconsider its action in adopting the report of the Second Conference Committee on Senate Bill No. 1, known as "The State Hospital Authority Bill".

The consent was granted.

By unanimous consent, Senator Lindsay of the 34th district, requested that a new Committee of Conference be named for the purpose of correcting and agreeing upon minor details in said bill.

The President named as a Third Committee of Conference the following Senators:
Senators Mavity of the 44th district, Howe of the 39th district, and Lindsay of the 34th district.

The third Conference Committee submitted the following report: Mr. President:
Mr. Speaker:
Your second Conference Committee reappointed to correct its report having had under consideration Senate Bill No. 1, dealing with differences between the two bodies as to amendments, beg to report, with the following recommendations:
That the House recede from its position on Amendment No. 1 by Mr. Sams of DeKalb.

That the House recede from its position on Amendment No. 2 by Mr. Sams of DeKalb.

That the Senate recede from its position on Amendment No. 3 by Mr. Harris of Richmond.

That the Senate recede from its position on Amendment No. 4, by Mr. Sams of DeKalb.

That the Senate recede from its position on Amendment No. 5, by Messrs. Edwards of Lowndes, Scott of Thomas, Atkinson of Chatham, Lanham of Floyd and Gross of Stephens.

John L. Mavity, Senator 44th district.

John C. Parker, Of Colquitt county.

Don B. Howe, Senator 38th district.

Gus Sams, Of DeKalb county.

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Paul L. Lindsay, Senator 34th district.
On the part of the Senate.

Marvin L. Gross, Of Washington county.
On the part of the House.

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the report of the third Committee of Conference on the following bill of the Senate, to-wit:
By Senator Lindsay of the 34th, Durden of the lOth and Brooks of the 8th districts-
Senate Bill No. 1. A bill to be entitled an Act to be known as the State Hospital Authority, to define its powers and duties; and for other purposes.
Senator Lindsay of the 34th district asked unanimous consent that Senate Bill No. 1 be immediately enrolled and transmitted to the Governor.
The consent was granted.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 6. A bill amending the Act with reference to the eligibility of Dodge county officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Hardman of MadisonHouse Bill No. 44. A bill to amend an Act creating the office of commissioner
of roads and revenues with reference to salary, of Madison county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

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181

By Mr. Dickerson of Clinch-
House Bill No. 63. A bill reducing the bond of the sheriff 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 35, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Mr. Coogler of Clayton-
House Bill No. 146. A bill authorizing the board of commissioners of Clayton county 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:
By Messrs. Gross and Roughton of Washington-
House Resolution No. 74. A resolution memorializing the Georgia delegation in the national Congress to amend the Clarke-MeNary Bill with reference to slash pines.
In accordance with the motion of Senator Millican of the 52nd district, on January 27th, 1939, the motion having been adopted, that the Senate reconsider its action in passing Senate Bill No. 4 for the purpose of correcting the caption of said bill: The bill was put upon its passage.
By Senator Millican of the 52nd district-
Senate Bill No. 4. A bill regulating the sale of all barbituric preparations; and for other purposes.
Senator Millican of the 52nd district offered the following substitute to the committee substitute:
A BILL
Entitled an Act to amend an Act approved March 24th, 1935, (Georgia Laws 1935, page 418), which Act regulates the manufacture, sale. possession, control, prescribing, administering, dispensing, compounding, mixing, cultivation and growth of narcotic drugs in the State of Georgia known as "Narcotic-Drug Act", so as to regulate the sale, giving away, bartering or exchanging drugs which have a base of or are a derivative from barbital, barbiturates and barbituric acid, and to make the sale of such drugs offences under said Act; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it ts hereby enacted by authority of the same, as follows:

SECTION l. The Act approved March 24th, 1935, entitled "An Act to

regulate the manufacture, sale, possession, control, prescribing, administering,

dispensing, coupounding, mixing, cultivation and growth of narcotic drugs in the

State of Georgia", known as the "Narcotic-Drug Act" is hereby amended as

follows:

'

By adding at the end of Section 1 the following:

"19. 'Barbituric Acid or its derivatives' includes amatol, verona!, luminol or any similar drugs which may have a base or be a derivative from Barbital, Barbiturates and Barbituric Acid."

SECTION 2. That the aforesaid Act be further amended by adding a new section to be known as Section 3A which shall read as follows:

"3 A It shall be unlawful to sell, give away, barter, or exchange any amatol, verona!, luminal or any similar drugs which may have a base or be a derivative from barbital, barbiturates and barbituric acid, except on the written prescription or order of a physician or dentist, licensed to practice medicine or dentistry in this state."

SECTION 3. That all laws or parts of laws m conflict herewith are hereby repealed.

The report of the committee which was Javorable to passage of the bill by substitute, was agreed to.

On the passage of the bill by substitute, the ayes were 32, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was read the third time and put upon its passage:

By Senator McCranie of the 48th district-
Senate Bill No. 6. A bill making it mandatory for a reco~nt and contest for all state House offices in the primaries; and for othl'r purposes.

The committee offered the following substitute:

A BILL

To be entitled an Act to make it mandatory on the application of a candidate in the primary election of the State of Georgia that a recount and contest or a recount or contest be granted if the application for the recount and contest or recount or contest be filed with the clerk of the Supreme Court of the State of Georgia within five days after the return from each of the counties to the Secretary of the Democratic Executive Committee.

WEDNESDAY, FEBRUARY 1, 1939

183

Provided, that the Supreme Court of the State of Georgia shall be the court of appellate and final jurisdiction from the County Executive Committee on the said contest and recount or contest or recount; provided for the service of the separate county committees; and for other purposes.
SECTION I.
Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that in all primary elections for United States Senator, Member of Congress or State House officers, except members of the General Assembly, any candidate dissatisfied with the count or legality of the election, and who desires a recount or contest, shall file a petition with a copy thereof for a recount and contest or a recount or contest of any county where the candidate alleges in the petition, that the count is wrong, or that the primary law has been violated in such primary election in the named county or counties and that the recount or contest will change the result in such county or counties.
SECTION II.
Be it further enacted that when said petition for a recount and contest, or a recount or contest, is filed with the clerk of the Supreme Court of the State of Georgia, as above set forth, the Supreme Court shall immediately issue an order setting out a time within ten days and the place to hear and determine the recount and contest or a recount or contest and shall order the sheriff of the Supreme Court or a person deputized by it, to serve copies of the petition and order on the County Executive Committee by serving any member thereof, and all other candidates for the particular office in said primary, which service by said person shall be made within five days before such hearing.
SECTION III.
Be it further enacted that the clerk of the Superior Court of the county or counties of which such recount or contest of such primary election is applied for shall immediately deliver to the sheriff of the Supreme Court of the State of Georgia or such person designated by the Supreme Court all the ballot boxes of such county on demand, all the voters' lists, the tally sheets and the registration books of such county and such sheriff or other person shall immediately transport the same to the office of and file with the Clerk of the Supreme Court to he there held until ordered opened by the Supreme Court.
SECTION IV.
Be it further enacted that the contestant may amend his petition as m other cases of law.
SECTION V.
Be it further enacted that at the time of the filing of the contest with the clerk of the Supreme Court the contestant shall file the sum of One Hundred ($100.00) Dollars to defray the expenses of such contest and recount or contest or recount by the Supreme Court.

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JOURNAL OF THE SENATE,

SECTION VI.
Be it further enacted that the Supreme Court shall at the time and place d-esignated by it hear. and determine such recount and contest and the determination of the Supreme Court of the State of Georgia as to whether or not said contest and recount or contest or recount is meritorious, shall be final and no hearing shall thereafter be had.
SECTION VII.
Be it further enacted that the determination of the Supreme Court of the State of Georgia shall be binding upon the Democratic Convention and the person declared to be the nominee by the finding of the Supreme Court shall be declared by the Democratic Convention so to be and the officials designated by law to prepare the official ballots for the general election shall place thereon the name of the person declared by the Supreme Court to be the nominee.
SECTION VIII.
Be it further enacted that any violation of any provision of this Act shall be a misdemeanor and any person violating the same shall be subject to prosecution therefor.
SECTION IX
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Senator Lindsay of the 34th district moved that Senate Bill No. 6 be indefinitely postponed, and the motion prevailed.
Senator Smith of the 24th district moved to adjourn.
The motion was lost.
The President introduced to the Senate Dr. M. L. Brittain, of the Georgia School of Technology, who explained to the Senators the woods being used in the making of the gavel to be presented to the Honorable John Nance Garner, VicePresident of the United States, as a gift from the presiding officer of this body.
Senator Smith of the 24th district moved to adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

THURSDAY, FEBRUARY 2, 1939

185

Senate Chamber, Atlanta, Georgia,
Thursday, February 2nd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the reading of the Journal was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that he had examined the Journal of the preceding session and found it correct, and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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 of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Bennett of Ware-
House Bill No. 33. A bill amending Section 92-4407 of the Code of 1933, so as to provide that recitals in a deed under a sale of municipal taxes shall be prima facie evidence of the facts .therein recited; and for other purposes.
By Mr. Greene of Jones-
House Bill No. 50. A bill providing for the admissibility as prima facie
evidence in all courts of the state, of inspection certificates issued by the United States department of agriculture; and for other purposes.
By Messrs. Lovett and Evans of Laurens, Jackson of Twiggs, and Claxton of Johnson-

186

JOURNAL OF THE SENATE,

House Bill No. 73. A bill renaming the salary originally provided for in Georgia Laws of 1935, for the solicitor general of the Dublin Circuit; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 74. A bill repealing an Act amending an Act approved March 28, 1935, relating to special criminal bailiffs; and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 75. A bill amending Title 46, Chapter 46-1, Section 46-101, of the Code of 1933, relating to the issuance of writs of garnishments; and for other purposes.
By Messrs. Morgan of Troup and Maxwell of Muscogee-
House Bill No. 78. A bill limiting campaign expenses by providing a maximum scale and penalties for violation of this Act; and for other purposes.
By Mr. Jones of Brantley-
House Bill No. 84. A bill changing the time of holding the Superior Court of Brantley county; and for other purposes.
By Messrs. Lanham and Davis of Floyd-
House Bill No. 89. A bill amending Section 32-1014 of the Code of 1933, relating to the time of making reports by the county superintendents; and for other purposes.
By Mr. Clements of Calhoun-
House Bill No. 257. A bill creating a new charter for the City of Morgan; and for other purposes.
By Mr. Forrester of Crisp-
House Bill No. 263. A bill repealing the present charter of the City of Cordele, and establishing a new charter in lieu thereof; and for other purposes.
By Mr. Chappell of Sumter-
House Resolution No. 82. A resolution to memorialize the National Congress to prohibit importation of foreign oils into this country; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Bennett of Ware-
House Bill No. 33. A bill to amend Section 92-4407 of the Code of Georgia, 1933, providing that recitals in a deed under a sale of municipal taxes shall be prima facie evidence of the facts therein recited; and for other purposes.

THURSDAY, FEBRUARY 2, 1939

187

Referred to Committee on Finance.
By Mr. Greene of Jones-
House Bill No. 50. A bill providing for the admissibility as prima facie evidence in all courts of the State of Georgia, of inspection certificates issued by the United States department of agriculture; and for other purposes.
Referred to Committee on Agriculture.
By Messrs. Lovett and Evans of Laurens, Jackson of Twiggs, and Claxton of Johnson-
House Bill No. 73. A bill to repeal an Act increasing the salary of the solicitor general of the Dublin judicial circuit; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Lovett of Laurens-
House Bill No. 74. A bill repealing an Act relating to criminal bailiffs; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Whipple of Bleckley-
House Bill No. 75. A bill amending Title 46, Chapter 46-1, Section 46-101, of the Code of Georgia of 1933 relating to the issuance of the writ of garnishment; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Morgan of Troup and Maxwell of 1\rluscogee-
House Bill No. 78. A bill to limit campaign expenses for certain state officials; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Jones of Brantley-
House Bill No. 84. A bill changing the time of holding the superior court of Brantley county; and for other purposes.
Referred to Committee on Uniform Laws.
By Messrs. Lanham and Davis of FloydHouse Bill No. 89. A bill amending Section 32-1014 of the Code of Georgia
of 1933 relating to the making of reports by county superintendents; and for other purposes.
Referred to Committee on Education.
By Mr. Clements of Calhoun-

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JOURNAL OF THE SENATE,

House Bill No. 257. A bill creating a new charter for the City of Morgan; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Forrester of Crisp-
House Bill No. 263. A bill repealing the present charter of Cordele and establishing a new charter for the City of Cordele ; and for other purposes.
Referred to Committee on Municipal Government.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Sartain and Kelley of Walker-
House Bill No. 220. A bill to be entitled an Act to create the office of commissioner of roads and revenues for the county of Walker; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 221. A bill to be entitled an Act to repeal an Act creating a board of commissioners of roads and revenues for the county of Walker by vote of the people of the people of the county of Walker; and for other purposes.
By Mr. Middleton of Early-
House Bill No. 247. A bill amending an Act creating a board of commissioners of roads and revenues for the county of Early, by striking therefrom the requirement that the sheriff of said county, or his deputy, shall attend board meetings; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Sanders of the 36th district-
Senate Bill No. 72. A bill to fix the taxable situs of intangible trust property; and for other purposes.
Referred to Committee on Finance.
By Senator McCranie of the 4~th districtSenate Bill No. 73. A bill to provide for uniformity in the payment of pensions;
and for other purposes.
Referred to Committee on Public Welfare. By Senator Sears of the 5th district-

THURSDAY, FEBRUARY 2, 1939

189

Senate Bill No. 74. A bill repealing an Act amending an Act to create the office of commissioner of roads and revenues in the county of Atkinson; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Brown of the 4th district-
Senate Bill No. 75. A bill authorizing the incorporation of co-operative insurance exchanges by manufacturing companies for the purpose of insuring against loss caused by the shutdowns arising from business depressions; and for other purposes.
Referred to Committee on Insurance.
The following resolutions of the Senate were introduced, read the first time and referred to committees:
By Senator Dunn of the 22nd district-
Senate Resolution No. 25. A resolution proposing an amendment to the constitution of Georgia creating a new senatorial district consisting of Bibb county.
Referred to Committee on Legislative Re-apportionment.
By Senators Durden of the lOth and Brooks of the 8th districts-
Senate Resolution No. 26. A resolution providing for a joint committee to confer with the Governor, treasurer and superintendent of schools in regard to conditions in schools.
Read and adopted.
By Senator Groover of the 37th district-
Senate Resolution No. 27. Directing that an identification plate be placed upon the portrait of Arthur Hayes Thompson, member of Senate, 1927-1928.
Read and adopted.
Mr. Manning of the 39th district, chairman of the Committee on Municipal Govc.-rnment, 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. 91, by Bibb delegation. Do pass. House Bill No. 145, by Bibb delegation. Do pass.
Respectfully submitted, Manning of 39th district, chairman.

190

JOURNAL OF THE SENATE,

Mr. Durden of the lOth 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 follow-
ing bills and resolutions of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 32. Do pass.
Senate Bill No. 33. Do pass.
Senate Bill No. 34. Do pass.
Senate Bill No. 35. Do pass. Senate Bill No. 36. Do pass. Senate Bill No. 37. Do pass. Senate Bill No. 70. Do pass.
Senate Resolution No. 23-47. Do pass, as amended by the committee.
Respectfully submitted,
Durden of lOth district, chairman.
Mr. Hass of the 11th 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 recommendation:
Senate Bill No. 69. Do pass.
Respectfully submitted,
Hass of 11th district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 71. Do pass. Respectfully submitted, Sanders of 36th district, chairman.

THURSDAY, FEBRUARY 2, 1939

191

Mr. Daves of the 14th district, chairman of the Committee on Pensions, submitted the following report: Mr. President:
Your Committee on pensions have had under consideration the following 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. 62. Do pass. Senate Bill No. 66. Do pass.
Respectfully submitted, Daves of 14th district, chairman.
Mr. Millican of the 52nd 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 considera-
tion 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. 255. Do pass. House Bill No. 59. Do pass. House Bill No. 29. Do pass, as amended. House Bill No. 116. Do pass. House Bill No. 256. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.
Mr. Redman of the 26th district, chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President: Your Committee on Motor Vehicles have had under consideration the follow-
ing 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. 46. Do pass. Senate Bill No. 14. Do pass.
Respectfully submitted, Redman of 26th district, chairman.

192

JOURNAL OF THE SENATE,

The following bills of the Senate, favorably reported by committees, were read the second time :
By Senator Durden of the lOth district-
Senate Bill No. 46. A bill amending the 1933 Code providing for the seizure and sale of all vehicles and conveyances; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 62. A bill amending an Act so as to allow Fulton county to furnish pensions to all officers and employees ; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 66. A bill amending the constitution authorizing the General Assembly to enact laws creating a pension fund for county employees of Fulton and Richmond counties; and for other purposes.
By Senator McGinty of the 43rd district-
Senate Bill No. 69. A bill making additions to the law of libel by newspapers, magazines and periodicals; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 70. A bill amending an Act approved March 30th, 1937, with reference to the creation of the Housing Authority in this state and defining their powers; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 71. A bill providing for four terms each year of the superior court of Screven county and designating the time for holding said terms; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:
By Senators Cail of the 17th, Sanders of the 36th and Daves of the 14th districts, and others-
Senate Resolution No. 23. A resolution providing for the issuance of highway refunding bonds to cover payments due highway refunding certificates due March 25th, 1939, 1940 and 1941; and for other purposes.
The following bills of the House, favorably reported by the committee, were read the second time:
By Mr. Clements of Marion-
House Bill No. 59. A bill repealing an Act amending an Act creating the board of commissioners of roads and revenues of Marion county; and for other purposes.

THURSDAY, FEBRUARY 2, 1939

193

By Messrs. Merritt, Bloodworth and Grice of Bibb--
House Bill No. 91. A bill confirming action of mayor and council of Macon in condemning and closing a certain alley; and for other purposes.
By Mr. DeFoor of McintoshHouse Bill No. ll6. A bill to authorize the county commissioners of Mcintosh
county to regulate the use and size of buildings, and to zone the county; and for other purposes.
By Messrs. Merritt, Grice and Bloodworth of Bibb-House Bill No. 145 A bill amending the charter of the City of Macon; to
provide for zoning ordinances, and increasing salary of mayor; and for other purposes.
By Mr. Thigpen of GlascockHouse Bill No. 255. A bill repealing an Act which created a board of commis-
sioners of roads and revenues of Glascock county; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 256. A bill creating a board of commissioners of roads and revenues of Glascock county; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Claxton of JohnsonHouse Bill No. 29. A bill creating the board of roads and revenues of Johnson
county; and for other purposes:
The committee offered the following amendment:
By striking from Section 22, in the second line the following words "on the first Tuesday of the month" so that said section when amended will read as follows:
"That this Act shall go into effect and become operative immediately after the passage of this Act."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed, as amended. By Mr. Claxton of JohnsonHouse Bill No. 88. A bill to authorize Johnson county authorities to pay officers of the court with reference to insolvent costs; and for other purposes.

194

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, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Claxton of Johnson-

House Bill No. 97. A bill requiring Johnson county commissioners to maintain school bus routes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following Senate bill, having been read the third time on January 27, 1939, was taken up for consideration:

By Senator Cail of the 17th district-

Senate Bill No. 40. A bill proposing an amendment to the constitution providing that public printing of the state may be done by prison labor at state penal institutions.

The report of the committee, which was favorable to the passage of the bill, was agreed to on January 27, 1939.

The bill involving an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Brannen Bridges Brinson Cail Cochran Daves

Dawson Dorminy Durden Groover Harrell Holt Howe Ingram

Jordan Kelley McCranie New Padgett Thomason Williams, 21st

Those voting in the negative were Senators:

Brooks Causey Chastain Cloud Dunn Estes Fortson

Manning Mavity McGinty Millican Moore Nix Redman

Sanders Sears Thrasher Twiggs Warnell Williams, 31st

THURSDAY, FEBRUARY 2, 1939

195

On the passage of the bill, the ayes were 23, nays 20.
Not voting: Senators Brown, Hass, Lindsay, Moate, Palmer, Smith of the 12th district, Smith of the 24th district, Williamson.
The bill, having failed to receive the requisite constitutional two-thirds majority, was lost.
By Senator Manning of the 39th district-
Senate Bill No. 12. A bill to provide for the filing of a lis pedens in the offices of the clerks of the superior courts of the state, and for other purposes.
Senator Manning offered the following amendments:
By amending the caption of said bill as follows: By striking the words "and other purposes" at the end of said caption and adding immediately following the word "property" three words from the end of said caption a comma, and then adding the following words immediately following said comma, to-wit: "the recording of executions in general execution dockets, establishing the time when executions become a lien on real property, and for other purposes."
By adding a new section to be numbered Section 5 and to follow immediately
after Section 4 of said Senate Bill No. 12 and to be expressed in the following words and figures, to-wit:
"Section 5. Be it further enacted that this Act shall in no wise affect or alter
the law of Georgia as it now exists with respect to judgments, executions, and attachments, the liens they create, their enforceability, the recording of executions in general execution dockets, the notice given by such recording, or otherwise, except that from and after the date of the passage of this Act, no judgment, execution or attachment, shall bind the property of the defendant or defendants, as against the interest of third parties acting in good faith and without notice, where no notice of lis pedens as hereinbefore required has been filed in the office of the clerk of the superior court of the county where the land is situated, until the execution issuing on said judgment has been recorded in the general execution docket of the county where the land is situated."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Senator Harrell of the 7th district-
Senate Bill No. 18. A bill to amend an Act creating a new charter for the City of Quitman; and for other purposes.

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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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Cail of the 17th district-
Senate Bill No. 52. A bill repealing an Act creating the city court of Sylvania; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
J'he bill, having received the requisite constitutional majority, was passed.
The following resolutions of the House and Senate were read and adopted:
By Mr. Chappell of Sumter-
House Resolution No. 82. A resolution memorializing Congress to prohibit the importation of cocoanut oil, peanuts, cotton seed, jute and other farm products; and for other purposes.
By Senator Durden of the lOth district and Senator Brooks of the 8th district-
Senate Resolution No. 26. A resolution providing for a joint committee to confer with the Governor, state treasurer and superintendent of schools in regard to present financial condition.
By Senator Groover of the 37th district-
A RESOLUTION
Whereas, Arthur Hayes Thompson, a prominent lawyer of LaGrange, Troup County, Georgia, was a member of the Senate of the General Assembly of Georgia from the 37th district for the sessions 1927-1928; and
Whereas, the said Arthur Hayes Thompson, while a member of said Senate, was an ardent advocate of the pay-as-you-go plan of highway construction in Georgia, and fought vigorously to defeat the issuance of seventy-five million dollars ($75,000,000.00) of bonds for highway construction; and
Whereas, he died while a member of said Senate, and a portrait of the said Arthur Hayes Thompson was presented to the State of Georgia by his friends of the state, and said portrait was unveiled with proper ceremony on January 6, 1937, and said portrait now hangs just outside the Senate chamber in the State Capitol, Atlanta, Georgia; and
Whereas, in the unveiling and hanging of said portrait, no identification or name was placed on said portrait.

THURSDAY, FEBRUARY 2, 1939

197

Now, therefore, be it resolved by the Senate that the Secretary of the Senate be, and he is hereby, authorized and directed to provide a suitable identification plate to be pr<!pared and placed upon said portrait from funds already appropriated for the expenses of the Senate, and that said indentification plate contain the following words;
"Arthur Hayes Thompson, LaGrange, Georgia,
Member of the Senate, 1927-1928,
From Thirty~seventh District,
Ardent advocate of Pay-As-You-Go Plan
Of Highway Construction in Georgia."
Be it further resolved, that a certified copy of this resolution be mailed by the Secretary of the Senate to his wife, Mrs. Arthur Hayes Thompson at LaGrange, Georgia.
The President appointed as a committee on the part of the Senate to act under Senate Resolution No. 26, Senators Durden of the lOth district, Brooks of the 8th district, and Senator Twiggs of the 40th district.
By unanimous consent House Bill No. 29 and Senate Bill No. 12 were ordered immediately transmitted to the House.
By unanimous consent Senate Resolution No. 24 was withdrawn from further consideration of the Senate.
By unanimous consent Senate Bill No. 45 was withdrawn from further consideration of the Senate.
The President appointed the following Senators to act under Senate Resolution No. 12 providing for an investigation of the State Board of Penal Administra tion: Senators Howe of the 38th district, chairman; Millican of the 52nd district, Groover of the 37th district, Lindsay of the 34th district, and Harrell of the 7th district-
Senator Harrell of the 7th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Friday, February 3rd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Brinson, of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Millican of the 52nd district asked unanimous consent that the following be established as the order of business today:
I. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and House bills and resolutions.
6. Putting on passage general Senate and House bills and resolutions ready for third reading.
The consent was granted.
Senator Dawson of the 2nd district asked unanimous consent that Senator McCranie of the 48th district be granted leave of absence for three days, due to the illness of his wife, and the consent was granted.
Senator Smith, of the 12th district, asked unanimous consent that he be granted leave of absence until Monday, February 6, and the consent was granted.
Senator Redman, of the 26th district, asked unanimous consent that he be granted leave of absence for Monday, February 6, due to important legal business, and the consent was granted.
The President directed the Secretary to read the following communication and incorporate same in the Journal:
A RESOLUTION Whereas, the last General Assembly of Georgia enacted a seven-months term school law and appropriated funds with which to pay the teachers of the state from the state treasury for seven months; and,

FRIDAY, FEBRUARY 3, 1939

199

Whereas, the county and city boards of education, relying upon this law and the appropriation to support it, have entered into contracts with teachers, based on the faith of getting this money from the state to pay the teachers for seven months of the school term; and,
Whereas, the county and city boards of education, having faith in the state to pay these appropriations, can not provide funds for these amounts from local ad valorem taxes; and,
Whereas, it has developed that through tax reductions, and according to the auditor's report, there is not sufficient revenue available in the state treasury with which to pay the appropriation made by the last Legislature, and send the money to the counties for their support; and,
Whereas, teachers are paid for only seven months and not twelve months as other state employees; and
Whereas, the teachers owe board and various other bills to citizens in each community, and these citizens are in need of their money; and,
Whereas, the county and city boards of education, being under contract with the teachers for the full term of school, cannot cut down their budgets 45%, as is the case with other departments that do not employ their personnel on a contract basis; and,
Whereas, the county and city boards of education cannot release teachers to come within the 55%, as is possible with other departments, and keep the schools running; and,
Whereas, the Governor has a borrowing power of three and a half million dollars to pay teachers, but it is recognized that before exercising such authority the Governor must have assurance that means will be provided to repay it, and that before banks would extend such loans, they would have to have such assurance; and,
Whereas, we have every confidence that the present General Assembly will enact such revenue measure as is necessary to pay these appropriations i-n full, made by the last Legislature, but that there will be, of necessity, a few weeks delay in the passage of such revenue measures; and,
Whereas, we are in wholehearted accord with the Legislature enacting such revenue measures as are necessary to pay these appropriations in full; and,
Whereas, should these revenue measures be enacted by March lst, there would be four months operation of the revenue measures in this fiscal year with which to repay such loan and complete payment to the teachers within the fiscal year; and,
Whereas, such payment now will mean a tremendous help to the local people whom the teachers owe, as well as the teachers themselves; and,
Whereas, the schools are vital to the interests of the boys and girls of the state; now,

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JOURNAL OF THE SENATE,

Therefore, be it resolved that:
1. The Legislature be urged to pass a resolution requesting the Governor to exercise his borrowing power to pay the teachers their past due salaries, in order to give assurance to the Governor and to the banks who would make the loan that revenue measures would be passed during this session to repay such loan and to fully pay these appropriations.
2. The Governor, upon the passage of such resolution by the Legislature, be urged to negotiate with the banks in the exercise of his borrowing power and pay the teachers their past due salaries pending the passage of such tax legislation and the collection of money under it during the remainder of the fiscal year with which to repay such loans.
3. We extend to the last Legislature, to the Governor and to the present Legislature our heartfelt thanks and appreciation for the fine educational program being conducted for the benefit of the boys and girls of this State, and express our complete confidence in both the Legislature and the Governor to pay these appropriations in full and carry out this program.
4. We urge the press to carry the spirit, as well as the text, of these resolutions so that the true feelings of the teachers and the school officials may be known to the people. It is not the attitude of either the teachers or school officials to "strike" or to make demonstrative demands upon the Governor or the Legislature. Such interpretation of the action of either the teachers or school officials is misleading and without foundation, and evidently arises as a result of a misunderstanding of our motives. We desire only to co-operate with the Governor and the Legislature. We are appreciative of the work they are doing and have every confidence in them, but our emergency is so great in each local community, due to the facts set forth in this tesolution, that we feel like exercising the inherent and fundamental right of "petition" to our Governor and our Legislature to meet the situation, as requested.
5. We pledge our continued, unstinted support in administering the educational
program, economically and efficiently, and in striving in every way to live up to the opportunity afforded by the progressive program of education given us by the present administration; and,
Be it further resolved that: Copie:; of these resolutions be furnished the President of the Senate, the Speaker of the House, and the Governor, with a plea that they be read before the House and the Senate and entered in the Journals ot both Houses immediately upon presentation; and that a copy be furnished the press.
Signed:
M. E. Thompson. Dennis D. Still. J. Mason Williams. Wm. T. Bodenhamer. A. V. Folsom.

FRIDAY, FEBRUARY 3, 1939

201

The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Mavity of the 44th district-
Senate Bill No. 76. A bill amending an Act entitled "Highway Mileage" known as the Traylor-Neill bill by adding to said map a road beginning at the Tennessee state line; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senators Smith of the 24th, Millican of the 52nd and Lindsay of the 34th districts-
Senate Bill No. 77. A bill amending Section 84-1404 of the Code of Georgia relating to the creation of the Georgia Real Estate Commission; appointment; qualifications; terms of office; vacancies; meetings; quorum; and for other purposes.
Referred to Committee on Public Property.
Mr. Millican of the 52nd 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. 48. Do pass.
Senate Bill No. 74. Do pass.
Senate Bill No. 54. Do pass.
Senate Bill No. 47. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Senators Durden of the lOth and Brooks of the 8th districts-
Senate Resolution No. 26. A resolution providing for a joint committee to confer with the Governor, treasurer, and superintendent of schools in regard to the condition existing in our public school system.

202

JOURNAL OF THE SENATE,

The Speaker appointed as a committee on the part of the House, the following members of the House, to-wit:
Messrs. Fowler of Treutlen,
Harrison of Jenkins,
Carrington of Barrow.
The following message was received from the House through 1\'Ir. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Bloodworth, Merritt, and Grice of Bibb-
House Bill No. 85. A bill to be entitled an Act to amend the scale of fees to which Ordinaries of this state are entitled; and for other purposes.
By Mr. Etheridge of HoustonHouse Bill No. 103. A bill to be entitled an Act to provide for holding two
terms of superior court in Houston county, and fixing the time; and for other purposes.
By Mr. Bennett of ClarkeHouse Bill No. 184. A bill to be entitled an Act to amend the Act relating
to the election of the commissioners of roads and revenues of Clark county; and for other purposes.
By unanimous consent, the following resolution of the Senate was withdrawn from the Committee on Amendments to the Constitution and referred to the Committee on Congressional and Legislative Re-Apportionment:
By Senator Dunn of the 22nd districtSenate Resolution No. 25. A resolution proposing an amendment to the consti-
tution creating a new senatorial district consisting of Bibb county.
The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Cail of the 17th districtSenate Bill No. 47. A bill fixing the compensation of the county treasurer of
Screven county; and for other purposes.
By Senator Cail of the 17th districtSenate Bill No. 48. A bill abolishing the offices of tax receiver and tax collector
of Screven county and setting up in lieu thereof a tax commissioner; and for other purposes.

FRIDAY, FEBRUARY 3, 1939

203

By Senator Millican of the 52nd district-
Senate Bill No. 54. A bill amending an Act creating the board of commissioners of roads and revenues of Fulton County; and for other purposes.
By Senator Sears of the 5th district-
Senate Bill No. 74. A bill repealing an Act amending an Act to create the office of commissioner of roads and revenues in the county of Atkinson; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Bloodworth, Merritt, and Grice of Bibb-
House Bill No. 85. A bill repealing Section 24-1716 of the code of Georgia of 1933 (Section 4827 of the Code of 1910) substituting a new section to be numbered 24-1716, fixing the fees of Ordinaries of this state; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Etheridge of Houston-
House Bill No. 103. A bill providing for two (2) terms a year of the superior court of Houston county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Bennett of Clarke-
House Bill No. 184. A bill providing for the election of the clerk of the board of commissioners of roads and revenues of Clarke county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Sartain of Walker-
House Bill No. 220. A bill creating the office of commissioner of roads and revenues for Walker county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 221. A bill repealing an Act creating a board of commissioners of roads and revenues for Walker county by vote of the people of the county of Walker; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Middleton of EarlyHouse Bill No. 247. A bill amending an Act creating a bo~rd of commissioners
of roads and revenues for the county of Early; and for other purposes.

204

JOURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.
The following bills of the House and Senate were read the third time and put upon their passage.
By Senator Millican of the 52nd district-
Senate Bill No. 62. A bill amending an Act to allow Fulton county to furnish pensions to all of its officers and employees; and for other purposes.
The report ot the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, riays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 66:
A BILL
To be entitled an Act to amend Paragraph 2, of Section 6, of Article 7, of the constitution of the State of Georgia authorizing the General Assembly to enact laws to create a retirement and pension fund and system of retirement pay for county employees of Fulton and Richmond counties 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 the constitution of the State of Georgia is hereby amended as follows, towit: By adding to Paragraph 2, of Section 6, of Article 7, thereof the following words, to-wit:
"The General Assembly shall have authority, however, to enact laws authorizing the County of Fulton and also the County of Richmond and the governing authorities of the schools of said respective counties, to create a retirement and pension fund and a system of retirement pay for county employees, and for county school employees, and to levy taxes for that purpose; and to authorize the said counties and the said county school authorities to enact laws, rules and regulations for the qualifications of such employees for benefits from such fund."
SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the ayes 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

FRIDAY, FEBRUARY 3, 1939

205

of this state, for two months next preceding the time of holding the next general election.
SECTION 3.
Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this state, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 2, Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Fulton, also the County of Richmond and the school authorities of said counties to create a retirement and pension fund and system of retirement pay for county and county school employees of said counties;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the constitution authorizing the Legislature to enact laws authorizing the County of Fulton, also the County of Richmond and the school authorities of said counties to create a retirement and pension fund and system of retirement pay for county and county school employees of said counties." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof.

SECTION 4.
Be it furth~r enacted by the authority aforesaid, that all laws and parts of laws m 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, involving an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Abbot Boykin Brannen Bridges Brinson Brown Cail

Causey Chastain Cochran Cloud Daves Dawson Dorminy

Dunn Estes Fortson Groover Harrell Holt Howe

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JOURNAL OF THE SENATE,

Ingram Jordan Kelley Lindsay Manning Mavity McGinty

Millican Moate New Nix Padgett Sanders Sears

Smith, 24th Thomason Thrasher Warnell Williams, 31st Williamson

On the passage of the bill, the ayes were 42, nays 0.

Not voting: Senators Brooks, Durden, McCranie, Moore, Palmour, Redman, Smith of the 12th district, Twiggs, and Williams of the 21st district.

By unanimous consent the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

By Senator Cail of the 17th district-
Senate Bill No. 71. A bill providing for four terms each year of the superior court of Screven 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Thigpen of Glascock-

House Bill No. 255. A bill repealing an Act creating the board of commissioners of roads and revenues of Glascock 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Abbot, of the 18th district, asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

By Mr. Thigpen of Glascock-
House Bill No. 256. A bill creating a board of commissioners of roads and revenues of Glascock 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, nays 0.

FRIDAY, FEBRUARY 3, 1939

207

The bill, having received the requisite constitutional majority, was passed.
Senator Abbot, of the 18th district, asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.
By Messrs. Merritt, Bloodworth and Grice of BibbHouse Bill No. 91. A bill confirming the action of the mayor and council of
Macon in closing a certain alley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Drum, of the 22nd district, asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.
By Messrs. Merritt, Bloodworth and Grice of BibbHouse Bill No. 145. A bill amending the charter of the City of Macon so as
to provide for a zoning ordinance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Drum, of the 22nd district, asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted. By Mr. Clements of MarionHouse Bill No. 59. A bill repealing an Act amending an Act creating the board of commissioners of roads and revenues of lVI arion 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 55, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Smith of the 24th district asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted. Senator Sanders, of the 36th district, moved that the Senate go into executive session to consider a sealed communication from His Excellency, the Governor, and the motion prevailed.
The Senate re-convened in open sesswn.
The following communication was dispatched to His Excellency, the Governor, by John W. Hammond, Secretary of the Senate:

208

JOURNAL OF THE SENATE,

State of Cieorgia

The State Senate

John W. Hammond, Secretary

Hon. E. D. Rivers, Ciovernor, Executive Department, State Capitol, Atlanta, Cieorgia.

Atlanta

February 3rd, 1939.

Dear Ciovernor:
Under the rules governing executive sessions of the State Senate I have the honor to report to you as follows:
Nominations sent to the Senate by you this date were confirmed as follows: For judge city court of Clarke county: Honorable Carlisle Cobb, of Athens, Cieorgia, for a term commencing September 11th, 1939, and continuing for four years from that date. The vote confirming this nomination was 43 to 0.
For solicitor of the city court of Clarke county: Honorable Preston Almand, of Athens, Cieorgia, for a term commencing September 11th, 1939, and continuing for four years from that date. The vote confirming this nomination wa~ 42 to 0.
Respectfully yours,
John W. Hammond, Secretary State Senate.
Senator Millican, of the 52nd district, moved that when the senate adjourns today it stand adjourned until Monday morning, February 6, at 10 o'clock, and the motion prevailed.
Senator Williams, of the 21st district, asked unanimous consent that he be granted leave of absence for Monday, February 6th, and the consent was granted.
Senator Brinson, of the 42nd district, asked unanimous consent that he be granted leave of absence for Monday, February 6th, and the consent was granted.
Senator Jordan, of the 15th district, asked unanimous consent that he be granted leave of absence for the balance of the day, and the consent was granted.
Senators Brooks, of the 8th district, and Durden, of the lOth district, acting in behalf of the joint committee provided for in Senate Resolution No. 26, to confer with His Excellency, the Ciovernor, State Treasurer Cieorge B. Hamilton, and Superintendent of Schools M. D. Collins, relative to unpaid salaries due public school teachers and the general condition of the public schools, made a comprehensive verbal report to the Senate. Senator Durden stated a written report from the joint committee will be forthcoming at another date.
Senator Dunn, of the 22nd district, moved that the senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning, February 6, at 10 o'clock.

MONDAY, FEBRUARY 6, 1939

209

Senate Chamber, Atlanta, Georgia,
Monday, February 6th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Williams, of the 31st district, vice-chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
l. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time and referred to committees:
By Senators McCranie of the 48th and Dawson of the 2nd districtsSenate Bill No. 78. A bill repealing Section 23-2302 of the code so as to relieve
parents and children of the duty of supporting their pauper parent or child; and for other purposes.
Referred to Committee on Public Welfare.
By Senator Moate of the 20th district-
Senate Bill No. 79. A bill fixing the amount of the bond of the sheriff of Hancock county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Brown of the 4th district-

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Senate Bill No. 80. A bill amending the charter of the City of Brunswick by providing pensions for retired employees and changing the present method of registration of voters; and for other purposes.
Referred to Committee on Municipal Government.
By Senators Nix of the 32nd and Palmour of the 33rd districts-
Senate Bill No. 81. A bill aiding farmers in this state to prescribe requirements of manufacturing alcoholic beverages, the sale of same and its limitations; and for other purposes.
Referred to Committee on Temperance.
By Senator Williams of the 31st district-
Senate Bill No. 82. Authorizing and empowering the insurance comm1ss1oner of this state to regulate insurance rates and schedules of rates; and for other purposes.
Referred to Committee on Insurance.
By Senator Sanders of the 36th district-
Senate Bill No. 83. A bill to delete and repeal Chapter 84-3 of the code relating to architects; and for other purposes.
Referred to Committee on Public Property.
By Senators Moore of the 47th and Estes of the 35th districts-
Senate Bill No. 84. A bill authorizing the regents of the University of Georgia to take or damage private property by paying just compensation to the owner; and for other purposes.
Referred to Committee on University System of Georgia.
By Senators Nix of the 32nd and Palmour of the 33rd districts-
Senate Bill No. 85. A bill providing for the appointing of a chief boiler inspector and assistants and providing for their duties; and for other purposes.
Referred to Committee on Industrial Relations.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit: By Messrs. Key of Jasper and Gross of Stephens-
House Bill No. 32. A bill amending Paragraph D, of Section 114-413, of the

MONDAY, FEBRUARY 6, 1939

211

Code of Georgia of 1933, by striking from said Paragraph the last sentence; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 23. A bill repealing an Act of the General Assembly, extraordinary session of 1937-38, by prescribing penalties for all felonies, with certain exceptions, under the laws of this state; and for other purposes.
By Messrs. Joel and Bennett of Clarke-
House Bill No. 186. A bill to amend the charter of the City of Athens by providing a civil service commission; and for other purposes.
By Mr. Clements of Calhoun-
House Bill No. 250. A bill to amend an Act creating the city court of Morgan, so as to give the city court jurisdiction over all civil matters arising in said county; and for other purposes.
By Messrs. Bennett and Joel of Clarke-
House Bill No. 265. A bill amending the charter of Athens and all mandatory laws thereof by providing for aid, relief, and pensions to members of the paid fire department; and for other purposes.
By Mr. Davidson of Peach-
House Bill No. 272. A bill to make the ordinary of Peach county ex-officio commissioner of roads and revenues; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Evans of McDuffie-
Hause Bill No. 23. A bill to repeal an Act approved February 16th, 1938, to prescribe penalties for felonies; to provide who shall fix punishment; and for other purposes.
Referred to Committee on Judiciary No. 2.
By Messrs. Key of Jasper and Gross of Stephens-
House Bill No. 32. A bill amending Paragraph D, of Section 114-213, of the Code of 1933, by striking from said paragraph the last sentence; and for other purposes.
Referred to Committee on Industrial Relations.
By Messrs. Joel and Bennett of Clarke-
House Bill No. 186. A bill to amend the charter of the City of Athens by providing a civil service commission; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.

By Mr. Clements of CalhounHouse Bill No. 250. A bill to amend an Act creating the city court of Morgan,
Calhoun county; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Bennett and Joel of ClarkeHouse Bill No. 265. A bill amending the charter of Athens providing for aid,
relief, and pensions to members of the paid fire department; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Davidson of PeachHouse Bill No. 272. A bill to make the ordinary of Peach county ex-officio
commissioner of roads and revenues; and for other purposes. Referred to Committee on Counties and County Matters.

Mr. Manning of the 39th 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 recommendation:
House Bill No. 263. Do pass.
House Bill No. 72. Do pass.
Respectfully submitted,

Manning of 39th district, chairman.

Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 73. Do pass. House Bill No. 204. Do pass.

Sanders of 36th district, chairman.

MONDAY, FEBRUARY 6, 1939

213

The following bills of the House, favorably reported by committees, were read the second time :
By Mr. Lovett of LaurensHouse Bill No. 72. A bill to amend the charter of the City of Dublin, repealing
the civil service provision; and for other purp'oses.
By Messrs. Lovett and Evans of Laurens county, Jackson of Twiggs county and Claxton of Johnson-
House Bill No. 73. A bill to repeal an Act increasing the salary of the solicitor general of the Dublin judicial circuit; and for other purposes.
By Messrs. Lovett and Evans of Laurens-
House Bill No. 204. A bill to amend an Act creating the city court of Dublin; and for other purposes.
By Mr. Forrester of CrispHouse Bill No. 263. A bill repealing the present charter of Cordele and estab-
lishing a new charter for the City of Cordele; and for other purposes.
By unanimous consent the following bills of the House were withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
By Mr. Sartain of WalkerHouse Bill No. 220. A bill creating the office of commissioner of roads and
revenues for Walker county; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 221. A bill repealing an Act creating the board of roads and revenues in Walker county; and for other purposes.
The following bills of the Senate and House were read the third time and put upon their passage:
By Mr. Pilcher of WarrenHouse Bill No. 3. A bill amending the charter of the City of Warrenton; and
for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. By Mr. Franklin of PolkHouse Bill No. 56. A bill amending the charter of the City of Rockmart; and for other purposes.

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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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Franklin of PolkHouse Bill No. 61. A bill adding new sections to the charter of Rockmart;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Franklin of PolkHouse Bill No. 69. A bill amending the charter of the City of Rockmart with
reference to candidates for city offices; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Franklin of Polk-
House Bill No. 70. A bill amending the charter of the City of Rockmart as to city 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Graham and Blease of BrooksHouse Bill No. 87. A bill requiring the commissioners of the City of Quitman
to levy additional taxes for the purpose of remodeling school buildings; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Joel and Bennett of Clarke-

MONDAY, FEBRUARY 6, 1939

215

House Bill No. 95. A bill amending the Acts creating the city court of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 1. The bill, having received the requisite constitutional majority, was passed.
By Messrs. Connell and Edwards of Lowndes-
House Bill No. 105. A bill providing for a court reporter for the city court 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ragan of Pulaski-
House Bill No. 108. A bill amending the Act reducing the bond of treasurer of Pulaski county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. DeFoor of Mcintosh-
House Bill No. 116. A bill authorizing the county commissioners of Mcintosh county 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bell of Grady-
House Bill No. 187. A bill fixing the salary of the judge of the city court of Cairo; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
By Mr. Coogler of ClaytonHouse Bill No. 211. A bill authorizing the City of Jonesboro 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Sapp of CoffeeHouse Bill No. 212. A bill amending the charter of the City of Douglas; and
for other purposes. The report of the committee, which was favorable to the passage of the bill,
was agreed to. On tile passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Senator Cail of the 17th district-
Senate Bill No. 47. A bill fixing the compensation of the treasurer of Screven county.
The report of the committee, which was favorable to the passage of the bill, was agreed. to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, .having received the requisite constitutional majority, was passed.
By Senator Cail of the 17th districtSenate Bill No. 48. A bill creating a tax commission for Screven county. The report of the committee, which was favorable to the passage of the bill,
was agreed to. On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd districtSenate Bill No. 54. A bill amending the Act creating the board of commis-
sioners of roads and revenues in Fulton county. The report of the committee, which was favorable to the passage of the bill,
was agreed to.

MONDAY, FEBRUARY 6, 1939

217

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Sears of the 5th district-
Senate Bill No. 74. A bill amending the Act creating the commission of roads and revenues in Atkinson 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Acting under Senate Resolution No. 26, a resolution providing for a committee to confer with Governor, treasurer and superintendent of schools, the select committee submitted the following report:
Senate Chamber, Atlanta, February 6, 1939.
Mr. President:
Your committee appointed to confer with the Governor, treasurer and superintendent of schools in regard to the condition existing in our public school system, submits the following report.
Your committee met with a like committee from the House of Representatives, and conferred with His Excellency, the Governor, Honorable M. D. Collins, state school superintendent, and Honorable George Hamilton, state treasurer. The state treasurer gave a detailed report on the state's finances and disclosed that there was very little, if any, money available with which to pay school teachers. The state school superintendent expressed complete confidence in the Governor and the General Assembly and stated that he was confident that they would find some way to pay the teachers. He further reported that the Governor had at all times been most co-operative with the schools of Georgia. His Excellency stated that he was most anxious to render assistance immediately and that he would co-operate in any feasible plan.
Your joint committee recommended that the state borrow immediately such funds as the banks would loan against anticipated revenue allocated to the school system. It developed that since there is no appropriation for interest covering such loan that it was therefore necessary for the General Assembly to immediately pass a special appropriation covering the interest.
. The Governor stated that he would gladly comply with the committee's request -and the joint committee pledged itself to work for the immediate passage of the special appropriation and to endeavor to secure the passage of revenue measures with which to pay the teachers of Georgia their salaries for the balance of this period.

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JOURNAL OF THE SENATE,

Your committee further reports that immediately upon the passage of the special appropriation with which to pay the interest that there will be available approximately $2,181,000 to apply on teachers' salaries.
Respectfully submitted,
]. E. Brooks, 8th district, chairman.
J. W. Twiggs, 40th district.
A. N. Durden, lOth district.
The following resolution of the Senate was read and adopted:
Senate Resolution No. 29:
By Senator Palmour of the 33rd district-
A RESOLUTION
Whereas, it is the opinion of this body that it is very desirable that prospective lawyers of this state observe the operations of our law-making body, and
Whereas, it IS the desire of this body that we have the pleasure and honor of their company.
Therefore, be it hereby resolved by the Senate of the State of Georgia as follows:
1. That Dean J. Alton Hosch and the first-year law class of the law school of the University of Georgia be invited to attend in a body, a session of this Senate at such time as they may see fit.
2. That said Dean Hosch and the members of this class be accorded the privileges of the floor while in attendance upon this visit.
The following resolution of the Senate was read and adopted:
By Senator Brown of the 4th districtSenate Resolution No. 28. A resolution that Congress be importuned to invoke
the monetary clauses in the British, Swedish and Finnish trade agreements to protect the American wood pulp industry as well as other industries in competition with goods imported from the said countries, and to concern itself with the pitiful plight of American wood pulp producers.
By unanimous consent the resolution was ordered immediately transmitted to the House.
The following bills of the Senate were read the third time and put upon their passage: By Senator Dunn of the 22nd district-
Senate Bill No. 14. A bill to amend the code so as to authorize the revenue authority to place certain characters on all auto tags; and for other purposes.

MONDAY, FEBRUARY 6, 1939

219

Senator Dunn of the 22nd district moves to amend Senate Bill No. 14 as follows:
By striking the following words and figures in Section 2:
"7 inches wide and not less than 16 inches in length," and inserting the following:
"5,0 inches wide and not less than 12;,-;; inches in leng:th."
Senators Harrell of the 7th and Brooks of the 8th districts move to amend Senate Bill No. 14 as follows:
By striking from line 14, Section 2, the word "shall" and substituting m lieu the word "may", so that the language amended will be permissive.
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill as as amended, was agreed to.
On the passage of the bill, the ayes were 36, nays 3.
The bill having received the requisite constitutional majority, was passed as amended.
By unanimous consent, the bill was ordered immediately transmitted to the House.
By Senator Abbot of the 18th district-
Senate Bill No. 27. A bill amending Title 110 of the code with reference to default judgments; and for other purposes.
Senator Abbot offered the following amendment:
By adding after Section 4 a section to be designated as Section 5, as follows: "Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed".
The amendment was adopted.
Senator Abbot offered the following amendment: By striking Sections 2 aRd 3 of said bill and re-numbering the other sections accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to,
On the passage of the bill, the ayes were 27, nays 10. The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE,

Senator Lindsay of the 34th district gave notice that at the proper time he would ask that the Senate reconsider its action in passing Senate Bill No. 27.
The privileges of the floor were extended to Mrs. Roy McGinty and her charming daughter.
Senator Durden of the lOth district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

TUESDAY, FEBRUARY 7, 1939

221

Senate Chamber, Atlanta, Georgia,
Tuesday, February 7th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Brinson, of the 42nd district, chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requ1s1te constitutional majority the following bills and resolution of the House, to-wit:
By Messrs. Whipple of Bleckley, Grice of Bibb, Forrester of Crisp, and others-
House Bill No. 76. A bill amending the constitution so as to provide that superior court judges may, in vacation, hear and determine any matter, where jury verdict is not required; and for other purposes.
By Messrs. Connell and Edwards of Lowndes-
House Bill No. 107. A bill requiring candidates for the General Assembly in Lowndes county to designate their opponent!\; and for other purposes.

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JOURNAL OF THE SENATE,

By Mr. Gowen of Glynn-
House Bill No. 109. A bill officially naming a system of coordinates for designating the positions of points on the surface of the earth within Glynn county; and for other purposes.
By Mr. Gowen of Glynn-
House Bill No. 110. A bill amending the code by providing for the reduction in the number of pilots for the port of Brunswick; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 112. A bill amending Homestead Exemption Act by providing that claims for exemption shall be filed on (:Jr before May 1st instead of April 1st; and for other purposes.
By Mr. Dockery of Union-
House Bill No. 114. A bill requmng divorce and alimony cases, fee be paid to clerk and sheriff, in superior court of Union county; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalbHouse Bill No. 121. A bill providing for divesting of tax liens against property
provided for years support of widows; and for other purposes.
By Mr. Smith of SchleyHouse Bill No. 264. A bill abolishing the city court of Ellaville, Schley
county, by providing a referendum election on this Act; and for other purposes.
By Mr. Thigpen of GlascockHouse Bill No. 279. A bill reducing the official bond of the sheriff of Glas-
cock county from '$5,000.00 to $3,000.00; and for other purposes.
By Mr. Hatchett of MeriwetherHouse Bill No. 290. A bill amending the charter of the City of Manchester
by providing for the election of city manager at the discretion of the board of commissioners; and for other purposes.
By Messrs. Kendrick and Etheridge, and Mrs. Mankin of Fulton-
House Bill No. 307. A bill creating an additional judge for the criminal court of Atlanta; and for other purposes.
By Mr. Grant of HabershamHouse Resolution No. 5-32 A. A resolution to furnish certain volumes of
supreme court reports and court of appeals reports to Habersham county; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:

TUESDAY, FEBRUARY 7, 1939

223

Mr. President: The House has passed by the requisite constitutional majority the following
resolution of the Senate, to-wit: By Senator Brown of the 4th district-
Senate Resolution No. 28. A resolution providing for the protection of wood pulp industries as prescribed in the British, Swedish and Finnish trade agreements; and for other purposes.
Mr. Harrell of the 7th district, chairman of the Committee on Finance, submitted the following report:
Mr. President: Your Committee on Finance have had under consideration the following hills
of the House and Senate and have instructed me, as chairman, to report the same hack to the Senate with the following recommendations:
House Bill No. 33. Do pass. Senate Bill No. 49. Do pass. Senate Bill No. 58. Do pass as amended.
Senate Bill No. 72. Do pass as amended.
Respectfully submitted,
Harrell of 7th district, chairman.
Mr. Millican of the 52nd 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 considera-
tion the following hills of the House and have instructed me, as chairman, to report the same hack to the Senate with the following recommendations:
House Bill No. 220. Do pass.
House Bill No. 221. Do pass. House Bill No. 247. Do pass.
House Bill No. 272. Do pass. Respectfully submitted,
Millican of 52nd district, chairman.
Senator Moore of the 47th district, chairman of the Committee on University of Georgia and Branches, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on University of Georgia and Branches 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. 84. Do pass.

Respectfully submitted, Moore of 47th district, chairman.

Mr. Boykin of the 29th district, chairman of the Committee on Congressional and Legislative Re-apportionment, submitted the following report:

Mr. President:
Your Committee on Congressional and Legislative Re-apportionment 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. 25.

Do not pass. Respectfully submitted,
Boykin of 29th district, chairman.

Mr. Cail of the 17th 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. 5. Do pass.

Senate Bill No. 76.

Do pass. Respectfully submitted, Cail of 17th district, chairman.

Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 250. Do pass.
House Bill No. 103. Do pass. Respectfully submitted, Sanders of 36th district, chairman.

TUESDAY, FEBRUARY 7, 1939

225

The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Sanders of the 36th district-
Senate Bill No. 86. A bill to change the names of George Malcolm Smith and Herbert Watson Smith of the county of Coweta; and for other purposes.
Referred to Committe on Special Judiciary.
By Senator Millican of the 52nd district-
Senate Bill No. 87. A bill establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Sanders of the 36th district-
Senate Bill No. 88. A bill to provide for the salary of the deputy clerk of the court of appeals shall be the same as the salary of the deputy clerk of supreme court; and for other purposes.
Referred to Committe on Special Judiciary.
By Senators Brinson of the 42nd, Palmour of the 33rd and Howe of the 38th districts-
Senate Bill No. 89. A bill creating the office of judge emeritus and providing for the appointment of judges of the court of appeals thereto upon reaching the age of 70 years having continuous judicial service for 10 years; and for other purposes.
Referred to Committee on General Judiciary No.2.
By Senator Palmour of the 33rd district-
Senate Bill No. 90. A bill authorizing and permitting persons to hunt and trap rabbits in the county of their residence without a license; and for other purposes.
Referred to Committee on Game and Fish.
By Senators Holt of the 3rd, Dorminy of the 45th and Williams of the 21st districts, and others-
Senate Bill No. 91. A bill to amend an Act entitled "An Act to revise the health laws of the State of Georgia"; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Holt of the 3rd district-
Senate Bill No. 92. A bill to amend an Act that created a new charter for the City of Baxley, approved August 21st, 1911; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.
By Senator Holt of the 3rd district, and others-
Senate Bill No. 93. A bill to amend Chapters 88-11 and 88-12 of the 1933 Code of Georgia so as to secure complete and uniform registration of records of births and deaths in this state; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
The following bills of the House were read the first time and referred to committees:
By Messrs. Whipple of Bleckley, Grice of Bibb, Forrester of Crisp, and others-
House Bill No. 76. A bill amending the constitution so as to provide that superior court judges may in vacation hear and determine any matter, where jury verdict is not required; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Connell and Edwards of Lowndes-
House Bill No. 107. A bill requiring candidates for the General Assembly in Lowndes county to designate their opponents; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Gowen of Glynn-
House Bill No. 109. A bill officially naming a system of coordinates for designating the positions of points on the surface of the earth within Glynn county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Gowen of Glynn-
House Bill No. 110. A bill amending the code by providing for the reduction in the number of pilots for the port of Brunswick; and for other purposes.
Referred to Committee on Aviation.
By Mr. Swindle of Berrien-
House Bill No. ll2. A bill amending Homestead Exemption Act by providing that claims for exemption shall be filed on or before May 1st instead of April 1st; and for other purposes.
Referred to Committee on Finance.
By Mr. Dockery of Union-
House Bill No. 114. A bill requiring divorce and alimony cases, fee to be paid to clerk and sheriff in superior court of Union county; and for other purposes.

TUESDAY, FEBRUARY 7, 1939

227

Referred to Committee on Special Judiciary.
By Messrs. Sams, Candler and Turner of DeKalbHouse Bill No. 121. A bill providing for divesting of tax liens against property
provided for years support of widows; and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Smith of Schley-
House Bill No. 264. A bill abolishing the city court of Ellaville, Schley county, by providing a referendum election on this Act; and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Thigpen of Glascock-
Hause Bill No. 279. A bill reducing the official bond of the sheriff of GlascGck county from $5,000.00 to $3,000.00; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hatchett of Meriwether-
Hause Bill No. 290. A bill amending the charter of Manchester by providing for the election of city manager at the discretion of the board of commissioners; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Kendrick and Etheridge, and Mrs. Mankin of Fulton-
House Bill No. 307. A bill creating an additional judge for the criminal court of Atlanta; and for other purposes.
Referred to Committee on General Judiciary No. 2.
The following resolution of the House was read the first time and referred to committee:
By Mr. Grant of Habersham-
House Resolution No. 5-32 A. A resolution to furnish certain volumes of supreme court reports and court of appeals reports to Habersham county; and for other purposes.
Referred to Committee on Public Library.
The following bills of the Senate, favorably reported by the committee, were read the second time:
By Senator Palmour of the 33rd district-
Senate Bill No. 5. A bill to repeal Section 95-2111 of the code and to amend

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Section 95-2112 m regard to the bonded indebtedness of counties; and for other purposes.
By Senator Cloud of the 19th district-
Senate Bill No. 49. A bill providing for the collection of ad valorem taxes for 1937 and prior years, and suspending the statute of limitation; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 58. A bill amending an Act entided "An Act to provide for homesteads exempt from certain taxation"; and for other purposes.
By Senator Sanders of the 36th district-
Senate Bill No. 72. A bill to fix the taxable situs of intangible trust property; and for other purposes.
By Senator Mavity of the 44th district-
Senate Bill No. 76. A bill amending an Act entitled "Highway Mileage" known as the Traylor-Neill bill by adding to said map a road beginning at the Tennessee state line; and for other purposes.
By Senators Moore of the -4-7th and Estes of the 35th districts-
Senate Bill No. 84. A bill authorizing the Regents of the University of Georgia to take or damage private property by paying just compensation to the owner; and for other purposes.
The following resolutions of the Senate were read the first time and referred to committees:
By Senator Moore of the 47th district-
Senate Resolution No. 30. Relieving H. A. Peugh as surety on a bond; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Holt of the 3rd and Dawes of the 14th districts-
Senate Resolution No. 31. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution of Georgia, providing that revenueanticipation bonds shall not be deemed debts of or to create debts against the political subdivision issuing such bonds; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senator Brown of the 4th district-
Senate Resolution No. 33. A resolution to request the House to make a certain appropriation for forest fire protection; and for other purposes.

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229

Referred to Committee on Finance.
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Bennett of Ware--
House Bill No. 33. A bill to amend Section 92-4407, of the Code of Georgia 1933, providing that recitals in a deed under a sale of municipal taxes shall be prima facie evidence of the facts therein recited; and for other purposes.
By Mr. Etheridge of Houston-
House Bill No. 103. A bill providing for two (2) terms a year of the superior court of Houston county; and for other purposes.
By Mr. Middleton of Early-
House Bill No. 247. A bill amending an Act creating a board of commissioners of roads and revenues for the county of Early; and for other purposes.
By Mr. Clements of Calhoun-
House Bill No. 250. A bill to amend an Act creating the city court of Morgan, Calhoun county; and for other purposes.
By Mr. Davidson of Peach-
House Bill No. 272. A bill to make the ordinary of Peach county ex-officio commissioner of roads and revenues; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Lovett of Laurens-
House Bill No. 72. A bill repealing the Act that amended the charter of the City of Dublin, with reference to civil service for certain employees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lovett and Evans of Laurens-
House Bill No. 204. A bill amending the Act creating the city court 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, nays 0.

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The bill, having received the requisite constitutional majority, was passed.
By Mr. Sartain of WalkerHouse Bill No. 220. A bill creating the office of commissioner of roads and
revenues for Walker county; and for other purposes. The report of the committee, which was favorable to the passage of the bill,
was agreed to. On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Sartain and Kelley of Walker-
House Bill No. 221. A bill repealing the Act creating a board of commissioners in Walker 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, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Mr. Forrester of Crisp county-
House Bill No. 263. A bill establishing a new charter for the City of Cordele; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted: By Senator Thrasher of the 27th district-
Senate Resolution No. 34. A resolution requesting a committee be appointed to work out a reciprocal agreement with the State of Wisconsin with reference to tariff barriers on certain agricultural products.
The following privilege resolution was read and adopted:
By Senator Kelley of the 30th districtA resolution extending the privilege of the floor to Judge Clark Edwards and
Hon. S. B. Seymour of Elberton, Ga. The following resolution of the Senate was read and adopted:
By Senator New of the 25th district-

TUESDAY, FEBRUARY 7, 1939

231

A resolution designating February 11th of future years as "Thomas Alva Edison Day" in this state.
The following bill of the Senate was read and put upon its passage:
By Senator Daves of the 14th dstrict-
Senate Bill No. 24. A bill amending Code Section No. 113-1209, with reference to administration of estates; and for other purposes.
Senator Daves of the 14th district offered the following amendment:
By adding a new section to be numbered "3" and read as follows: "Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 9.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate, which was read the third time January 27th, 1939, and postponed until January 31st, 1939, was taken up for passage:
By Senator Brooks of the 8th district-
Senate Bill No. 31. A bill requiring bills of sale m all sales of livestock transactions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 13.
The bill, having received the requisite constitutional majority, was passed.
Senator Smith of the 24th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,
Wednesday, February 8th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of bills and resolutions.
2. Reports of standing committee.
3. Second reading of House bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House, to-wit: By Mr. Gross of StephensHouse Resolution No. 103. A resolution providing for a joint session of the House and the Senate in the hall of the House at 11 :20 o'clock for the purpose of hearing a message from His Excellency, the Governor. The following message was received from the Hou$e through Mr. Greer, the clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill and resolution of the House, to-wit:

WEDNESDAY, FEBRUARY 8, 1939

233

By Mr. Key of Jasper-
House Bill No. 346. A bill to be entitled an Act to amend the general appropriations bill, by providing for payment of interest on school loan; and for other purposes.
By Messrs. Lovett of Laurens and Etheridge of Houston-
House Resolution No. 101. A resolution providing for a JOint session of the General Assembly at 11:30 A. M., February 15th, 1939, for the purpose of hearing an address from Hon. Oscar Johnston; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following ' bills of the House, to-wit:
By Messrs. Atkinson, Grayson, McNall of Chatham, Gowen of Glynn, Ferguson of Camden, Gill of Bryan, DeFoor of Mcintosh-
House Bill No. 67. A bill creating the Georgia Intracoastal Waterway Commission, and defining its powers and duties; and for other purposes.
By Messrs. Atkinson of Chatham and Gowen of Glynn-
House Bill No. 122. A bill to be entitled an Act to amend an Act approved August 17th, 1908, providing a method of taking depositions in territories or insular possessions subject to the dominion of the United States; and for other purposes.
By Mr. Strickland of Pierce-
House Bill No. 128. A bill to amend a section of the constitution so as to provide that the city of Blackshear may issue refunding bonds; and for other purposes.
By Messrs. Edwards and Connell of Lowndes-
House Bill No. 135. A bill limiting the time for intervening in any case in equity where assets are being administered; and for other purposes.
By Messrs. Parker and Barlow of Colquitt and Carmichael of Cobb-
House Bill No. 136. A bill to be entitled an Act to amend Section 42-102, of the 1933 Code, relating to the appointment, duties, and salary of the chief drug inspector; and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 251. A bill amending an Act abolishing the treasury and providing for a depository of Bleckley county by providing for deposit of securities in lieu of giving bonds; and for other purposes.

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Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bills 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. 15. Do pass, by substitute. Senate Bill No. 57. Do pass. Senate Bill No. 61. Do pass. House Bill No. 78. Do pass.
Respectfully submitted, McCranie of 48th district, chairman. Mr. Holt of the 3rd district, chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President: Your Committee on Hygiene and Sanitation have had under consideration
the following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 28. Do pass, by substitute. Senate Bill No. 42. Do pass.
Respectfully submitted,
Holt of 3rd district, chairman.
Mr. Don B. Howe of the 38th 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 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. 55. Do pass.
Senate Bill No. 65. Do pass. Senate Bill No. 67. Do pass.
Respectfully submitted, Howe of 38th district. chairman.

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235

Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report: Mr. President:
Your Committee on Sl'ecial Judiciary have had under consideration the following bills of the House and Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 86. Do pass.
Senate Bill No. 88. Do pass. House Bill No. 114. Do pass.
House Bill No. 264. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Redman of the 26th 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 resolution of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Hou~e Re5olution No. 44. Do pass. Respectfully submitted,
Redman of 26th district, chairman.
Mr. Manning of the 39th district, chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 80. Do pass. Senate Bill No. 68. Do pass. Senate Bill No. 56. Do pass. Senate Bill No. 60. Do pass. Senate Bill No. 87. Do pass.

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Senate Bill No. 64. Do pass, by substitute.
Senate Bill No. 59. Do pass. Respectfully submitted,
Manning of 39th district, chairman.
Mr. Mavity of the 44th district, chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 50. Do not pass.
Respectfully submitted,
Mavity of 44th district, chairman.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The Speaker has appointed as a committee of escort on the part of the House
to escort His Excellency, the Governor, to the joint session of the General Assembly, the following members of the House, to-wit:
Messrs. Harrison of Jenkins,
Moore of Taliaferro, and
Corbett of Atkinson.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Williams of the 31st district-
Senate Bill No. 94. A bill to reduce the bond of the sheriff of Habersham county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Harrell of the 7th district-
Senate Bill No. 95. A bill to promote a more orderly marketing of leaf tobacco in Georgia; improving the methods of sales and standardizing grades; and for other purposes.
Referred to Committee on Agriculture.

WEDNESDAY, FEBRUARY 8, 1939

237

By Senators Durden of the lOth, Harrell of the 7th and Brooks of the 8th districts-
Senate Bill No. 96. A bill to provide for financial responsibility of motor vehicle owners and operators upon the roads of this state; to provide for the suspension of licenses; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senators Brannen of the 9th, Durden of the lOth, Causey of the 46th, and Moate of the 20th districts-
Senate Bill No. 97. A bill to amend Article 3, Section 4, Paragraph 3, of the constitution, so as to provide for annual session of the General Assembly; and for other purposes.
Referred to Committee on Amendments to Constitution.
The following bills of the House were read the first time and referred to committees:
By Messrs. Atkinson, Grayson, MeNall of Chatham, and others-
House Bill No. 67. A bill creating the Georgia Intracoastal Waterway Com'mission, and defining its powers and duties; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Atkinson of Chatham and Gowen of Glynn-
House Bill No. 122. A bill to be entitled an Act to amend an Act approved August 17th, 1908, providing a method of taking depositions in territories or insular possessions subject to the dominion of the United States; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Strickland of Pierce-
House Bill No. 128. A bill to amend a section of the constitution so as to provide that the city of Blackshear may issue refunding bonds; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Edwards and Connell of Lowndes-
House Bill No. 135. A bill limiting the time for intervening in any case in equity where assets are being administered; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Parker and Barlow of Colquitt and Carmichael of Cobb-
House Bill No. 136. A bill to be entitled an Act to amend Section 42-102, of the 1933 Code, relating to the appointment, duties, and salary of the chief drug inspector; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on State of Republic.
By Mr. Whipple of Bleckley-
House Bill No. 251. A bill amending an Act abolishing the treasury and providing for a depository of Bleckley county by providing for deposit of securities m lieu of giving bond; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Key of Jasper-
House Bill No. 346. A bill to be entitled an Act to amend the General Appropriations Bill, by providing for payment of interest on school loan; and for other purposes.
Referred to Committee on Appropriations.
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. 15. A bill to amend Part 3, Chapter 34-19, of the code of Georgia, relative to primary elections, so as to provide for a secret ballot; and for other purposes.
By Senator Manning of the 39th district-
Senate Bill No. 42. A bill requiring a physical examination and physician's certificate before marriage; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 55. A bill authorizing judges of superior courts to continue grand juries in session beyond the end of any term of court for which they originally were impanelled ; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 56. A bill to amend an Act entitled "Municipal Court of Atlanta" by ch:mging the name of a section of the court; and for other purposes.
By Senator Millican of the 52nd districtSenate Bill No. 57. A bill amending an Act entitled "An Act to regulate pri-
mary elections in all municipalities in the State of Georgia": and for other purposes.
By Senator Millican of the 52nd districtSenate Bill No. 59. A bill amending an Act establishing a new charter for the
City of Atlanta; and for other purposes.
By Senator MilliclHl of the 52nd districtSenate Bill No. 60. A bill amending an Act establishing a new charter for the

WEDNESDAY, FEBRUARY 8, 19'39

239

City of Atlanta, so as to provide for the election of mayor pro tern; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 61. A bill to amend the code of Georgia, Chapter 34-32 of Part VI, so as to provide for a recount of ballots in all primary elections, in lieu of contests; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 64. A bill amending an Act establishing a new charter for the City of Atlanta, so as to extend the civil service requirements to all employees of the police department; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 65. A bill amending the code of the State of Georgia, Section 38-1504, by giving the court additional power to punish witnesses who failed to answer a subpoena; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 67. A bill exempting operators of fire trucks from tort liability for personal or property damage incurred in their line of duty; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 68. A bill amending an Act establishing a new charter for the City of Atlanta, so as to prohibit the mayor and council from increasing automobile expense accounts; and for other purposes.
By Senator Brown of the 4th district-
Senate Bill No. 80. A bill amending the charter of the City of Brunswick, by providing pensions for retired employees and changing the present method of registration of voters; and for other purposes.
By Senator Sanders of the 36th district-
Senate Bill No. 86. A bill to change the names of George Malcolm Smith and Herbert Watson Smith of Coweta county; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 87. A bill amending 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 Sanders of the 36th district-
Senate Bill No. 88. A bill to provide for the salary of the deputy clerk of the

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JOURNAL OF THE SENATE,

court of appeals to be the same as the salary of the deputy clerk of the supreme court; and for other purposes.
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the 3rd districts-
Senate Bill No. 28. A bill to protect the public against unqualified practitioners; to establish a state board of examiners in the basic sciences underlying practice of the healing art; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time :
By Messrs. Morgan of Troup and Maxwell of Muscogee-
House Bill No. 78. A bill to limit campaign expenses; to provide penalties for violation; and for other purposes.
By Mr. Dockery of Union-
House Bill No. 114. A bill requmng divorce and alimony case fees be paid to clerk and sheriff in superior court of Union county; and for other purposes.
By Mr. Smith of Schley-
House Bill No. 264. A bill abolishing the city court of Ellaville, Schley county, by providing a referendum election on this Act; and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:
By Messrs. Sabados and Allen of Dougherty-
House Resolution No. 44-164 B. A resolution providing for the extension of the time limit for obtaining automobile tags for 1939; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Etheridge of Houston-
House Bill No. 103. A bill providing for two terms of court in Houston county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Middleton of Early-
House Bill No. 247. A bill amending the Act creating the board of commis-

WEDNESDAY, FEBRUARY 8, 1939

241

sioners of roads and revenues, with reference to certain county officers being required to attend meetings of said board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Clements of Calhoun-
House Bill No. 250. A bill amending the Act creating the city court of Morgan, located in said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the ref!uisite constitutional majority, was passed.
By Mr. Davidson of PeachHouse Bill No. 272. A bill authorizing the ordinary of said county as ex-officio
commissioner of roads and revenues in and for said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Pilcher of Warren-
House Bill No. 4. A bill authorizing the governing authorities of the counties of this state to purchase materials to be used in the respective counties of this state; and for other purposes.
The committee offered the following amendment, which was adopted:
The committee moves to amend House Bill No. 4, and the caption thereof, by in~rting in the second line of said caption and between the numbers "1933" and the word "and" the following words: "by providing for the county commissioner or commissioners or other persons having charge of public works in any county to purchase material for and use labor furnished free to the county by the state or federal governments, or any agency thereof, in the building or repairing any public building, bridge, causeway, or other public works in any county".
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 37, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.

By Senator Mavity of the 44th district-

Senate Bill No. 76. A bill amending the 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 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following privilege resolution was read and adopted:

By Senator Cloud of the 19th district-

A resolution extending the privileges of the floor to the Ron. Osgood 0.
Williams.

The following resolution of the Senate was read the third time and put upon its passage:

By Senator Cail of the 17th district, and others-
Senate Resolution No. 23. A resolution providing for the issuance of highway refunding bonds to cover payments of highway refunding certificates; and for other purposes.

The committee offered the following amendment, which was adopted:

To amend by inserting in first paragraph in line 3 after the word "of" the figures 8,976,829.70.

The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.

The resolution proposing an amendment to the constitution necessitated a call of the roll, and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail Causey Cloud

Daves Dawson Dorminy Dunn Durden Estes Fortson Groover Hass Holt

Howe Ingram Jordan Mavity McGinty Millican Moate Moore New Nix

WEDNESDAY, FEBRUARY 8, 1939

243

Padgett Redman Sanders Sears Smith, 12th

Smith, 24th Thomason Thrasher Twiggs Warnell

Williams, 21st Williams, 31st Williamson

Voting in the negative was Senator:

Manning

On the passage of the resolution, the ayes were 43, nays 1.

Not voting: Senators Chastain, Cochran, Harrell, Kelley, Lindsay, McCranie, Palmour.
By unanimous consent, the verification of the roll call was dispensed with.
The resolution, having received the requisite constitutional two-thirds majority, was passed as amended.
The resolution, as passed, was as follows:

A RESOLUTION
Providing for the Issuance of Highway Refunding Bonds to cover Payments due of Highway Refunding Certificates due March 25, 1939, 1940 and 1941; and for other purposes.
Whereas, there has been appropriated by the Federal Government for Public Road construction on Federal Aid roads in Georgia the sum of $8,976,829.70 for the years 1939, 1940 and 1941, which funds must be matched by the State Highway Department to become available for road construction in Georgia, and,
Whereas, during these years the State Highway Department is required to pay from its allocated funds to retire State of Georgia Highway Department Refunding Certificates, the sum of $2,653,154.34 annually, on March 25th of each year to and including March, 1945, and
In order to make available sufficient funds to the State Highway Department for Road Constructions it is desirable to refund the Highway certificates coming due on March 25, 1939, 1940 and 1941.
Section 1. Therefore, be it resolved by the General Assembly of Georgia that Paragraph I of Section VIII of Article VII of the Constitution of Georgia (Code Section 2-5601) be amended by adding at the end thereof the following:
The Governor of the State of Georgia may, as soon after the ratification of this constitutional provision as is convenient issue in the name of the State of Georgia, and under its Seal, Highway Refunding Bonds in the sum of $2,650,000.00 payable March 15, 1946, and same shall be sold by the Governor, for the purpose of refunding to the State Highway Department that amount paid on State of Georgia, Highway Department Refunding Certificates coming due and paid by the State Highway Department on March 25th, 1939.

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JOURNAL OF THE SENATE,

On March 15th, 1940, the Governor may issue in like manner Highway Refunding Bonds in the sum of $2,650,000.00 payable March 15th, 1947, for the purpose of paying said State Highway Certificates coming due March 25th, 1940.
On March 15th, 1941, the Governor may issue in like manner Highway Refunding bonds in the sum of $2,650,000.00 payable March 15th, 1948, for the purpose of paying said State Highway Certificates due March 25th, 1941.
All of such Highway Refunding Bonds shall be a direct obligation of the State, shall be issued in denominations of $1,000.00 each and shall be paid from revenue and/or taxes levied, issued and allocated to the State Highway Department or to any Department which by law may be the successor to the Highway Department and the taxes and revenues shall continue to be levied, issued, allocated, and appropriated to said Highway Department, or its successors, and shall be collected in amounts sufficient to pay the said Refunding Bonds principal and interest as the same become due, said Refunding Bonds shall bear interest at 2% per annum payable semi-annually from the funds allocated to the State Highway Department on the 1st days of September and March until the maturity of the said Refunding Bonds respectively. No Bond shall be sold at less than par.
Sec. 2. Be it further resolved by the Authority aforesaid that, when said amendment shall be agreed to by a two thirds vote of the members elected to each of the two Houses, said amendment shall be entered on their journals, with the "ayes" and "nays" thereon, and shall be published by the Governor in one or more newspapers in each Congressional District in the State of Georgia 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 VII, Section VIII, Paragraph I, of the Constitution, authorizing the Governor to issue Highway Refunding Bonds for the purpose of refunding State of Georgia Highway Department Refunding Certificates due and payable March 25th, 1939, 1940, and 1941". And all persons opposed to the adoption of said amendment shall have written or printed on their ballot the words, "Against ratification of amendment to Article VII, Section VIII, Paragraph I, of the Constitution, authorizing the Governor to issue Highway Refunding Bonds for the purpose of refunding to the State of Georgia Highway Department Refunding Certificates due and payable March 25th, 1939, 1940, and 1941", 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 the election of members of the General Assembly, the amendment and its provisions shall become a part of Article VII, Section VIII, Paragraph I, of the Constitution of Georgia, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law.
Sec. 3. Be it further resolved by the Authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed.
The following bill of the Senate, which was read the third time January 27th,

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1939, and tabled, was taken from the table February 2nd, 1939, and taken up for passage this date:
By Senator Cail of the 17th district, and others-
Senate Bill No. 29. A bill prohibiting the State Board of Medical Examiners from issuing licenses to certain people not born in this country or naturalized ; and for other purposes.
Senator Smith of the 12th district offered the following amendment, which was adopted:
To amend Senate Bill No. 29, as follows:
The caption of bill:
Line 1-After the word "examiners", the words "and state board of pharmacy examiners" shall be inserted.
Line 2-After the word "medicine", the words "or pharmacy" shall be inserted.
Section 1:
Line 4--After the word "examiners", the words "and state board of pharmacy examiners" shall be inserted.
Section 2:
Line 5-After the words "practice medicine", the words "or pharmacy'' shall be inserted.
Section 3:
Line 4--After the word "examiners", the words "and state board of pharmacy examiners" shall be inserted.
Senator Cail of the 17th district offered the following amendment, which was adopted:
Be it enacted by the authority aforesaid that Senate Bill No. 29 be amended as follows:
"Provided; that notwithstanding the foregoing provisions, any person who has been a practicing physician in a foreign state or country for at least twenty years, and can show that he is a graduate of a medical school approved by the United States department of comparative education as comparable to the standard medical schools of the United States and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the medical board to applicants for a license to practice medicine in this state, and upon passing such examination shall be entitled to a temporary license to practice medicine in this state, which license shall be good for six years only; at the end of six years if such person shall have become a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen, no further license shall be issued him."

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Senator Lindsay of the 34th district offered the following amendment, which was adopted :
Add, following Section 1, following the words: "any person who was not born or naturalized in the United States, or who is not a citizen of the United States"
Add a new section to be known as Section 1 a, to read:
"Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, that licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state, or from a foreign country, shall not be permitted to establish offices in this state for the practice of his profession, either temporary or permanent, or practice under another physician's license, unless he obtains a license from the board of medical examiners of this state. A license may be issued to a physician of another state, or a foreign country, by comity or reciprocity, if the standards for medical licensure of such a state or foreign country equal those. of this state, and after such state or foreign country agrees to license physicians of this state on a like basis; provided such agreements are not in conflict with the other provisions of this Act."
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, the ayes were 32, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
By unanimous consent, Senate Resolution No. 23, Senate Bill No. 29, and House Bill No. 4 were ordered immediately transmitted to the House.
The following resolutions of the House were read and adopted:
By Mr. Gross of Stephens-
House Resolution No. 103. A resolution providing for a joint session of the General Assembly at 11 :30 A. M. this date for the purpose of hearing His Excellency, the Governor, deliver an address.
By Mr. Clary of Columbia-
House Resolution No. 102. A resolution urging the President of the United States to expedite construction of the Clark's Hill darn.
By Messrs. Lovett of Laurens and Etheridge of Houston-
House Resolution No. 101. A resolution providing for a joint sessiOn of the General Assembly February 15th, 1939.
Senator Moore of the 47th district asked unanimous consent that Senate Bill No. 28, by Senator Cail of the 17th district, and others: A bill to protect the public

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247

from unqualified practitioners; and for other purposes; be recommitted, and the consent was granted.
Senator Durden of the lOth district asked unanimous consent that when joint session of the General Assembly be dissolved the Senate stand adjourned until tomorrow morning at 10 o'clock. The consent was granted.
The President appointed as a committee from the Senate, to serve with a like committee from the House, to escort the Governor to the hall of the House:
Senators H ass of the 11th district,
Moate of the 20th district, and
Sears of the 5th district.
The hour having arrived for the joint session, the President and the Secretary, accompanied by the Senators, repaired to the hall of the House of Representatives.
The President called the joint session of the General Assembly to order, and presented the Governor, who delivered the following address:
GOVERNOR E. D. RIVERS' THIRD MESSAGE
TO THE
GENERAL ASSEMBLY
FEBRUARY 8TH, 1939
Mr. President, Mr. Speaker, Ladies and Gentlemen of the Assembly:
In my first message I analyzed to you in minutest detail where every penny of the allocated funds collected by the state come from and where they go. In..my second message I pointed out in minutest detail where every penny of the general fund tax goes, and analyzed the fiscal position of the state with respect to paying in full the appropriation bill passed by the last session of the Legislature. I pointed out, if we pay the present appropriation bill in full and do not go a step further in education, health or social security, we will have to raise approximately eight and a half million dollars. I pointed out that the revenue for this year will be approximately five and a half million dollars less than the revenue for last year, caused in large measure by tax reductions made by the last Assembly. I had these messages printed and put on the desk of every member and copies sent to the press. I urge every member to read these messages in detail and refer to them when any question covered in them is raised in your minds.
I realize that no matter how much these facts are put in writing and distributed, enemies of the program will continue to make irresponsible and demagogic attacks upon this administration. I realize that there are some people who, lacking in the ability and energy to launch a constructive program of progress and service of their own, to merit a place of leadership in the affairs of the state, seek to gain publicity and improve their political position in the only way their twisted thinking and nar-

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rowed vision prompts, which is by carping criticism, by malicious misrepresentation and by promoting prejudice. I have no fear from these sorts of people, because they are circumse~ibed by their own limitations and will bring about their own downfall. I know there are those who, from personal or political dislike, would sacrifice the school children and play demagogic politics with human suffering rather than have the courage and the patriotism to advance a constructive program themselves. I am not worrying about these people. I know there are those who in their own hearts and minds are honest, yet are reactionary and do not in their own hearts believe in the progressive measures of this administration, and have closed their minds to all facts and to all logic and all reason. No one is so deaf as he who will not hear. No one is so blind as he who will not see. fli.s to these people, I have no illusions about presenting any message that will be helpful.
But, fortunate for the people of this great state, the vast majority of the members of this Assembly are in sympathy with the economic undertakings and the progressive purposes of this administration. They want facts and information. They want to do what is necessary to be done for the best interest of the state, regardless of politics, regardless of partisanship, regardless of prejudice, and regardless of demagoguery. It is to that vast majority of the members of the Assembly and the great majority like them among our citizens that I dedicate this and my other messages to the Assembly. I am convinced that these facts, falling on receptive minds and hearts, will finally bring forth good fruit in the form of wise and progressive legislation.
The future of Georgians and of Georgia lies in the hearts and minds of those who have vision; those who have undaunted spirits; and those who will keep fighting for higher planes of accomplishment, regardless of the bitterness of misguided opposition. I come to you with this message, undaunted in my belief in the righteousness of the things we are undertaking and unsullied in my determination that Georgia shall take its place among the states of this nation as "The Empire State of the South". I come with no apology. I come with no excuses. I come with a challenge to the members of the Assembly and the people of this state to complete a job the people want done, and are entitled to have done for them.
This administration welcomed at the start of this session any economies that could be pointed out by this Assembly. This administration sponsored the setting up of the committee to investigate every phase of the state government, to point out any economies that can be effected. Your Committee on Economy is working tirelessly and in good faith. I am co-operating with it in every possible way. I am carrying out its recommendations where possible, without awaiting legislation. I have already, by executive order, placed the maintenance of the capitol building and grounds under the division of parks as recommended by the committee, with instructions that the organization as recommended by the committee be effected. I am calling a meeting of the State Board of Education and shall urge that the recommendations of the committee with reference to the educational department be carried out. When the committee has finished its labors, I want you to add up the amount of savings that can be effected in the general fund expenditures and see the aggregate of that amount. I want you to go over every item in the general

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appropnatwns bill. I want you to have a hearing on every item in it from every department and institution affected. I want you to trim any item you think ought to be trimmed. I want you to increase any item you think ought to be increased. Then, when you have totalled up these appropriations, if you have trimmed the bill down any, add the amount you have trimmed to whatever economies your committee points out can be made, and subtract them from the total requested by the budget. After you have done this, after you have pointed out every economy that can be effected, and after you have canvassed the appropriations bill, item by item, and determined what ought to be appropriated, subtracting from it any economies that can be effected, then I submit that the only fair, intelligent and patriotic thing we can do is to raise the money necessary to pay the appropriations in full. When you have reckoned with all economies that can be effected and have canvassed the appropriations, item by item, you are going to find that the, estimate of the money it will take to give the people the services you think they ought to have will not miss the figure I have mentioned a great deal one way or the other. What fairer thing can the administration say than we are saying: Show us where we can save some money and we will save it; show us what, if anything, should be cut down, and we will cut it down. Then, when that is done, let's raise the money to do the job that the majority of us agree ought to be done. Especially is this fair in view of the vote of the people that they want the program completed. This program is our program; your program, my program and the program of the people of this state.
I am willing to meet my responsibility, and I am willing to help you meet your responsibility. I am accepting it as our responsibility.
TAX REVISION
We cannot meet our responsibility without a revision of the tax system of this state. This is no new discovery. Governors for more than a quarter of a century before I became Governor pointed out to the Legislature the necessity of revision of our tax system to relieve the overburdened ad valorem tax payer, and even Governors back of ~hem did. Time will not permit me to quote from all of them, but I herewith quote the attitude of the governors for twenty years before I became Governor as to revision of our ad valorem tax system:
Governor Hugh M. Dorsey said in 1919:
"I cannot believe, in view of the universal failure of the uniform ad ~alorem principle of taxation, that Georgia can ever do under this principle that which other countries and states of the union have failed to do. The reason for which failure can be summed up in the statement that it is inherently and fundamentally unfair."
Governor Thomas W. Hardwick in 1921 in discussing the fiscal situation of the state said:
"I find myself in hearty accord with the conclusions reached by the body (special tax commission), that its present system of ad valorem taxation on property has broken down and is utterly inadequate to furnish the money required to operate

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our state government, even when that government is operated with the most rigid economy, unless we are prepared to starve our schools and to permanently deny to the Confederate veterans the pensions that the people of this state at the ballot box have already given us authority to make, as soon as the finances of the state will permit. The old system has broken down unless we are prepared to take backward steps in almost every direction in the administration of our state government and in providing for those institutions and objects which have been the subjects of our care and attention in the past and at the present time.
"I unhesitatingly propose that the state shall abandon the field of property taxation, on the ad valorem basis, leaving that field in the undisturbed possession of the counties and cities, subject to such limitations as may be imposed by law upon these subdivisions of the state, in their exercise of that taxing power."
Governor Clifford M. Walker said in 1923:
"The ad valorem system as now administered has broken down in Georgia as it has broken down in every other state. The general property tax is recognized as a failure by practically every tax expert for a number of reasons upon which there is a general unanimity of opinion."
Governor Hardman said in 1927:
"Revenue should be, as far as possible, equalized on every line of industry or enterprise, as well as on property of all classes.
"I might suggest some of the plans that are in operation in other states and that are now under consideration in your legislative department. Whether or not the capital stock tax and the land tax should be abandoned for state purposes, and a millage tax placed on the returns of all business of every type or class, is a question to be considered. Also the question suggests a sales tax and a luxury tax."
Governor Richard B. Russell, Jr., in his message to the General Assembly on June 29th, 1931, said in part:
"The question of taxation has always been the greatest problem of all governments. Georgia is one of the few states in the union which still clings to the uniform system of ad valorem taxation.
"Nobody questions the fact that the uniform ad valorem system in Georgia has long since served its purpose and is broken down. It has frequently been charged, and I have never heard it denied, that real estate represents only one-third of the wealth of the state and yet it is bearing practically the entire cost of government.
"While it is recognized that the state ad valorem tax is of itself not burdensome to the taxpayers, I am firmly convinced that the state should retire from the field of taxation on tangible property and leave this as a matter of county and municipal taxation. When this is done, people generally will recognize that the real burden on their property is caused by municipal and county expenditures and they will demand greater economy and more efficiency from their local subdivisions of gov-

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251

ernment. The savings to the taxpayers by the state ceasing to levy on real estate will do much to balance and equalize our tax system."
Governor Eugene Talmadge in 1935: Made a vigorous effort at tax rev1s1on in order to relieve the overburdened ad valorem tax payer by urging a constitutional amendment limiting the total amount that could be levied in ad valorem taxes to fifteen mills. The proposal would have abolished state ad valorem taxes, and would have limited county levies to a maximum of five mills, schools to five mills, and municipalities to five mills.
Even way back in 1912-twenty-seven years ago-the state Democratic platform pointed out that:
"The state government's fiscal system has not developed with the times and the growth of our commonwealth. The period is approaching, if it has not already arrived, when the system must be reformed.
"Our system of raising taxes has been improved but little since the present constitution was adopted. General wealth, and the concentration thereof, having increased to such a great extent, and our population becoming so diversified, the method of levying taxes has been reduced to the obsolete and inefficient. The burdens of government should be placed in equal proportions to the benefits conferred and the protection enjoyed."
With one accord they all recognized, as did the governors even before them, that our tax system is obsolete, inequitable, and should be revised, though each had a somewhat different approach to the revision.
When the ad valorem system. was enacted, more than fifty years ago, it was sound and adequate-sound because practically all values were tangible real or personal property, and adequate because governmental services were meager. Now values are not in lands, but in transactions, and governmental services have expanded.
The fact that ,we are facing tax rev1s1on is no new thing. The fact is that year by year the necessity for it has become greater and the situation graver until we have reached the acute point where it must be done, because it cannot any longer be deferred without serious jeopardy to the progress of our state and the happiness and welfare of our people.
Practically everyone admits it should be done, but some do not have the courage to do it. Others, for political reasons, want to try to embarrass the present administration. These misguided ones are not embarrassing Ed Rivers. They are embarrassing the school children of the state; the old, the crippled, the blind, and the dependent children of the state. They are embarrassing the unfortunates in our eleeomosynary institutions. They are embarrassing the overburdened ad valorem tax payers of the state.
One of the principal planks in the Democratic platform of 1936, and again in 1938, calls for a revision of the obsolete and archaic tax system in Georgia. The

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last Legislature started the job, but did not complete it. We were undertaking to shift part of the burden from tangible property to intangible property. We submitted, and the pt'"ople approved, and the last Assembly enacted, the necessary enabling legislation that put an intangible tax act upon our statute books, which last ,year totalled $1,281,509.07. This represented a shifting of more than a million and a quarter dollars from the tangible taxpayers to the intangible taxpayers. While the intangible law we passed needs amending on the basis of our experience with its operation, and in line with the suggestions made to you by the department of revenue, which I recommend you enact so as to increase the amount of money derived from intangible taxes, at the same time I point with pride to the fact that we have made a step in tax revision that has already shifted one and a quarter million dollars from the tangible taxpayers to the intangible taxpayers.
This administration, in its efforts at tax revision, has furthermore shifted a part of the tax burden from the shoulders of those least able to pay to the shoulders of those most able to pay. We did this by submitting to the people constitutional amendments, which they approved, and pursuant to which the Assembly passed enabling legislation exempting from state, county and school tax, owner-occupied homes up to two thousand dollars tax value, or approximately four thousand dollars actual value, and household and kitchen furniture, tools of trade and domestic animals, up to three hundred dollars tax value, or six hundred dollars approximately in actual value, and by narrowing the brackets and increasing the rates on our net income taxpayers.
As a result of these exemptions, you can go out on almost any little road in Georgia and see new homes being built, with prattling children tugging at the skirts of happy wives, clustered about glowing firesides.
With these exemptions we took off of the people of this state approximately six and a half million dollars of taxes, and we took it off of the people least able to pay taxes, and we took it off of those things the people should be most encouraged to acquire and own-their homes.
These are things you never hear the enemies of the administration talk about. They squawk about fancied extravagances, but they never mention the six and a half million dollars tax load we have struck from the shoulders of the homeowners and the household and kitchen furniture of the people of this state. They are as silent as a tomb on the fact that no longer will the tax hammer fall on the homes of our people nor on their bedsteads and their pots and pans.
So, let's start out with facts and not fancies; that is, that we have already shifted from the tangible taxpayers of the state on to the intangible taxpayers, who heretofore had paid practically nothing, more than one and a quarter million dollars. And let's remember that we struck off six and a half million dollars from the homes and household furnishings of the people of this state.
There are two great fundamentals in a system of taxation that are axiomatic to all honest thinking tax students; that is, ability to pay and benefits received. They must be borne in mind if any sort of equality is to exist in a system of taxa-

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tion. Facing the completion of a program of tax revision, this administration must keep in mind these two fundamentals, and we must approach the further problem of tax revision with the same courage and intelligence that the last Assembly did as far as it went.
It took courage and intelligence for the last Assembly to exempt the homes and household furnishings of our people from taxation, and it took courage and intelligence for them to transfer the one and a quarter million dollars burden to the intangible taxpayers from the tangible taxpayers. Surely we will have the courage to finish the job.
From the state government standpoint, we now have two further major inequities to strike down. One is the oppressive ad valorem tax burden and the other is the nuisance taxes.
AD VALOREM TAX
To my mind, the present ad valorem tax in Georgia is the most inequitable of all taxes on our statute books or advocated by anyone to be put on our statute books. The reason I say this is that despite our efforts at equalization there is:
1. No equality in assessments of property. A person with a piece of property actually worth say $500 will have that property assessed for varying figuresfrom $5,000 to $7,500-according to the county, school district or municipality in which it is located (any other figure of value will be proportionately as variable) ; and, in many cases, according to the political setup in which the taxpayer finds himself.
2. Not only is there a vast range of inequality in assessments, but there is no uniformity of the rate of taxation as between the citizens in different counties, municipalities and school districts within the state. Real estate in one county in Georgia pays no tax at all for county purposes, while in others it pays from 20 to 25 mills for county purposes. In some municipalities the taxpayer pays 2 mills, and in others as much as 20 to 27 mills, in city taxes. In some local school districts
he pays lh mill to 5 mills for maintenance, plus 5 mills for the county-wide school
levy to get the money under the equalization act, plus varying levies necessary for school bonds. The rates are far from uniform.
3. The ad valorem tax is paid whether there is any income produced by the property or not, and whether or not it is improved or unimproved, and whether or not it is held at a profit or a loss. There is on the ad valorem digest statewide 34,744,300 acres of improved and unimproved farm lands assessed at varying values, according to the subdivision in which they are located, and ad valorem taxes levied at varying rates according to the subdivision in which they are located, of an aggregate tax value on the digest of about $245,725,286 for tax purposes, on which the farmers pay ad valorem tax every year when most of these farms are held and operated at a loss.
The same is true of timber land, although naval stores products have been bringing the lowt"st price in the history of the industry. Most of these farm and

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naval stores lands are mortgaged, and those who operate them are having to borrow money from the government. Yet the varying ad valorem tax assessments are not lowered and the varying ad valorem tax rates are the same as they have been in prosperous times.
The farmer and the naval stores operator have no chance to pass on the ad valorem tax as against their losses, while other business would have such an opportunity on other forms of taxes suggested as substitutes.
4. The real estate completely escaping ad valorem tax through no returns and no assessments is unusually high. Mr. B. E. Thrasher, Sr., who handles ad valorem tax collections for the revenue department, and who has had 12 years experience in this field, tells me that between 20% and 25% of ad valorem property is escaping altogether.
5. The ad valorem tax is pyramided on the farmer and naval stores operator and other real estate holders several times. The school district ad valorem tax is levied on it; and then pyramided on top of that is the county ad valorem tax; and, if in a municipality, pyramided on top of that is the municipal ad valorem tax; and then pyramided on top of all these pyramided taxes is the state ad valorem tax. Everyone recognizes that pyramiding of a givrn tax is inequitable. It is equivalent to taking a sales tax and pyramiding it by charging the manufacturer a sales tax, and then on top of that the wholesaler a sales tax, and then on top of that the retailer a sales tax.
Everyone recognizes that there are two fundamental essentials to a just tax system; equality of assessment and equality of rate. The present ad valorem tax system would be equivalent to charging the people in one county a sales tax on everything they sold at a rate of say 20% while charging people in another county a sales tax on only part of what they sold at say 1%.
6. The cost of collection of the ad valorem tax is approximately 4% in addition to costs of assessing and equalizing. We are striving to hold our collrction costs down to 1% on other state taxes, yet it costs us 4% to collect our state ad valorem tax.
7. The ad valorem tax is further vicious because it falls due in a lump sum in the fall of the year when many other annual bills are due and payable.
Coming due at this time, it forces farmers to dispose of their cotton and other crops in order to meet their taxes, and helps deprive them of an opportunity to await a more favorable time to sell their products the following spring when prices are usually higher. It helps to force the products of the farmer into the hands of the middleman and speculator, who reap the spring gains rather than the farmer.
The cotton exchange gamblers put the bear pressure to the market along in the fall and winter, and our ad valorem tax system aids and abets them in forcing the cotton out of the hands of the farmer; then immediately in the spring they put the bull pressure to the market and give the middleman and speculator the benefit of the raise.

WEDNESDAY, FEBRUARY 8, 1939

255

As against <>ny other tax proposed by anyone, if this Assembly and this administration faced the decision of choosing to enact the ad valorem tax or some one of these others proposed, we would reject the ad valorem tax as the most vicious of the lot.
Georgia is primarily an agricultural state. We are ambitious to industrialize along certain lines, and we believe we will finally come to a point of more nearly a balance between agriculture and industry, but never in the fondest anticipation of those who hope to industrialize our state will we ever reach the point where Georgia will not still be primarily an agricultural state. This being true, the ad valorem tax levied on farm lands and naval stores lands is the most burdensome tax possible and the greatest handicap to the prosperity and progress of our farmers, upon whom we are basically dependent economically.
While this administration has gone one great step toward relieving the injustices of the ad valorem tax system through home and household exemptions, we still have :c relieve the inequities and injustices of the ad valorem system as applied to other real estate than homes.
While the state ad valorem tax is the smallest part of the burden of ad valorem taxation, at the same time the state 5 mills is $5 per $1,000 worth of property, and the relief to real estate holders of $5 per $1,000 would be a substantial relief to them.
If the state should abandon the ad valorem field to the local subdivisions, the ad valorem taxpayer then could look strictly to his local officials for such economies as should be effected.
While I realize that we cannot take off the state ad valorem tax unless some tax is substituted for it, I believe that if we substitute a proper tax system there should h~ carried in the same bill a provision for taking off the state ad valorem tax.
I recognize there is raised the objection that more would be taken off proportionately on the large counties than on the small counties when we take off the state ad valorem tax. Nevertheless, this would be adjusted, because whatever tax we substitute for the state ad valorem tax will be paid proportionately in larger amounts from the larger counties.
I realize that there is the further objection to taking off the state ad valorem, that out-of-state property holders would benefit, without paying correspondingly their part of the substitute tax. Nevertheless, I believe that the local authorities would reconcile this advantage to the out-of-state property holders through adjustments in assessments on their property. Then, too, should the gross income tax be adopted, as I will discuss with you later in this message, it would partially meet this situation because non-resident people owning property, or doing business in the state, would have to pay. the gross income tax.
Be it remembered further that no perfec~ system of taxation has ever been devised. The best we can do is to adopt a system that does the least injustice, that is the least painful, and that meets the needs. We certainly should abandon a system that is most vicious and most harmful.

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We will, of course, have to retain the right to levy ad vakrem tax by the state to the extent of $100,000 per year to protect outstanding state bonds. This, however, would be only a small fraction of 1 mill.
It should be further borne in mind that real estate is the basis of all the wealth there is in the world. Personal property and intangible property and, in fact, all other property are valuable only because in some manner or other they are supported directly, or indirectly, by real estate. No permanent prosperity can exist unless real estate as an investment is attractive to our people. When the burden of ad valorem taxation on our lands is so great that it is practically prohibitive to own them, we are depressing the value of real estate, the basis of all of our wealth, to such an extent we cannot hope to have either the progress or prosperity that is our due.
NUISANCE TAXES
In addition to the obsolete ad valorem tax, we have about 200 nutsance taxes that are expensive to collect, and are exasperating to the taxpayer to pay, which have accumulated in a hodgepodge stopgap fashion to meet the growing needs for revenue and the declining values of ad valorem property because they fell within the line of least resistance and postponed the inevitable day of tax revision. These ought to be taken off.
The cost of collection of these taxes run approximately 12%, which is 11% higher than the goal set by the Assembly to collect taxes. These taxes vary in amounts and rates, and are imposed whether or not the taxpayer makes or loses money. Not only are these taxes expensive to collect, but it is impossible to collect them universally; a large percentage escape them entirely. It isn't right for some to be paying them and others not.
These nuisance taxes run from taxes on dogs, sewing machines, pictures and picture frames, bowie knives and brass knucks, to occupational and professional taxes of various forms. Certainly they are outmodt>d and ought to be taken off. We probably get more cussing about these nuisance taxes than all other kinds put together.
I recommend that in addition to having exempted the homes and household and kitchen furniture, tools of trade and domestic animals of our people from taxation, that we take off the state ad valorem tax with the exception of approximately one-tenth of 1 mill, or enough to raise the $100,000 per year to provide our state bond sinking fund.
I further recommend that we take off these approximately 200 nuisance taxes.
However, the provision taking off these taxes should be carried in whatever substitute tax syst'!m we adopt, because we cannot take them off until we adopt something in their place. I think they should be taken off in the same bill simultaneously with the tax we put on as a substitute.
In my opinion one of two forms of taxation must be substituted if we are to

WEDNESDAY, FEBRUARY 8, 1939

257

take off the state ad valorem and these nuisance taxes and meet the losses in revenue by reason of taking off the tax on homes and household goods and other reductions given during this administration, and pay the appropriations bill in full. These two alternate forms that would enable us to take off these taxes and pay the appropriations bill in full are either the gross income tax or a retail sales tax.

In my judgment a I% gross income tax, exempting those whose salary or income is $100 per month, or less, from the tax, will enable us to pay the present appropriations bill in full and take off the state ad valorem tax and these nuisance taxes. In my opinion a retail sales tax law of 3%, if there are no exemptions, and of 4% if we grant exemptions on certain commodities, will do the same job.

I have been greatly impressed with the experience of the state of Indiana in the operation of the gross income tax law. Governor Paul MeN utt has been conceded to be one of the ablest governors in office in recent years in the nation. He faced the same thing in Indiana we faced when I came into office as Governor of Georgia during my first administration. As a result of exhaustive tax studies, he and his assembly decided upon the gross income tax law. I made speeches for the national Democratic ticket in Indiana in 1936. At that time the Republicans of that state were attacking Governor MeN utt's gross income tax law. The Republicans were dtfeated. I went back to Indiana, at the invitation of the party officials last year, to make speeches for certain Democratic congressional candidates in that state. I found that the Republicans had retired from their position of opposition to the gross income tax and were carrying in their campaign literature a pledge not to repeal the tax. Indiana has approximately the same population as Georgia! would say less than a quarter of a million people difference. It has about the same proportionate balance between agriculture and industry as Georgia. It has a higher per capita income than Georgia.

My study of the situation in Indiana was so superficial, however, that I requested Commissioner Head to make a trip to that state and personally study the situation. I asked him to talk with people in various walks of life, as well as officials. I asked him, if possible, to get a formal expression from the state labor organization, from the state farmers' organization and from the state taxpayers' organization as to what they thought of the gross income tax.

On January 13, 1939, Commissioner Head received a letter from Hon. Carl H. Mullen, president of the Indiana State Federation of Labor, from which I quote:

"We are glad of the opportunity pre!>ented by your wish to have a letter from the Indiana State Federation of Labor expressing our opinion on Indiana's gross income tax.

"Briefly, we like it, because it works.

"Backed by labor and farmers, the law became effective in 1933 when the

condition of the state fiscal structure

demanded immediate and intelligent

action and a workable plan.

"The state was faced equally with a tremendous decline in revenue that endan-

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gered the normal operations of government and the schools and the responsibility of seeing that those operations continued.

"The gross income tax act saved the day. It has kept the schools open, lowered property taxes, aod enabled Indiana to participate in the federal social sec.uity program without the imposition of new taxes.

"In our opinion it 1s a far more equitable and satidactory source of revenue

than a sales tax

especially for tl:tat large group-the man with a ~mall

income.

"The gross income tax division has estimated t!1at the man with a small income, most of which i.; spent in retail stores, would pay at least 60% more tax under a sales tax (even if he paid the merchants' gross income tax passed on to him) than he does under a gross income tax, to the advantage of the millions of dollars of income not spent in retail stores."

I also quote from a letter addressed to Commissioner Head on January 30, 1939, signed by Hon. Hassi! E. Schenck, president of the Indiana Farm Bureau, as follows:

"I wish to say that, believing that property had too long borne an unjust share of the tax burd~n, believing that the amount of the taxable wealth in the state is only a part of the measure of the ability to support our tax load, and believing that it is sound economics as well as sensible ethics for each group of citizens to pay its fair share of the tax load, the Indiana Farm Bureau led in obtaining the passage of the gross income tax act in the 1933 session of the Indiana General Assembly.

"The Farm Bureau will oppose to the limit any attempt that might be made to have it repealed or changed in any of its essentials. J do not mean to imply, however, that any such attempt is in the offing. The law has passed out of the stage of being a political issue. Any change proposed now will be from groups interested in obtaining group advantages and concession.

"That the Farm Bureau is to be proud of its part in obtaining the passage of the gross income tax act instead of a sales tax, or the list of nuisance taxes, is evident in the enviable record the tax has made in Indian:>. as an equitable and adequate source of revenue."

also quote from a letter addressed to Commissioner Head, dated February I, 1939, and signed by Hon. Harry Niesse, executive secretary of the Indiana Taxpayers Association:

"By and large, the history of Indiana's gross income tax has been the history of a tax serving the purposes for which it was enacted and serving those purposes m a way which bespeaks the wisdom of its early sponsors.

"It has done much to increase the interest of the people of Indiana in their government through the spreading of the tax base; much to place Indiana among those states with a feasible, simple and functionable fiscal structure; and much

WEDNESDAY, FEBRUARY 8, 1939

259

toward enabling the Hoosier state 'to make both ends meet' in the face of increasing demands for service from the state.

"The efficacy of the gross income tax cannot be questioned.

"Regarding its constitutionality and the justice of the measure of the tax, the
Indiana Supreme Court upholding its constitutionality in the case of J. Harry Miles

vs. the State of Indiana, November, 1935, said in part: '

It cannot logic-

ally be said that one who engages in large enterprises, with the assurance that his

rights are prot~cted by the vast machinery of government which makes possible the

conduct of affairs under civilized rules, has not enjoyed a privilege and protection,

and put a burden upon the machinery of government on account of which he may

be required to contribute to the governmental expense, merely because his activities

did not yield him a net profit in any given period. The government must operate

in years in which its citizens have not profited as well as in years when they have.

It is universally recognized that the burdens of government cannot be distributed

with exact justice upon all persons and property. It is also recognized that to

distribute the burden of government per capita would work an injustice upon those

who are least able to pay and least able to cope with social and economic problems,

and who becau5e of their more complex activities receive more protection from and

put more burden upon the instrumentalities of government. To distribute the bur-

den with exact justice is impossible. The legislature has chosen to measure the share

of each by his gross income. It cannot be said that that method is unreasonable.'"

The original of these letters from which I have quoted are on file with Commissioner Head, and are available to any member of the Assembly who desires to read them.

Indiana, in having a gross income tax, has no net income tax. It is the goal of the gross income tax to finally replace state property taxes, nuisance taxes and net income taxes. Indiana, because of its larger per capita income, was able to meet
its needs with a 1% gross income tax without a net income tax. We cannot do this
in Georgia. We should probably strive to eliminate the net income tax at a later date if we adopt the gross income tax by adjusting the rate of gross income tax so as to enable us to take off the net income tax. This cannot be accurately done until we have tried the tax and see what rate it will take to enable us to do that. So, at the outset, we probably should, if we use the gross income tax, fix it at 1% without taking off the net income tax, or, if you desire to eliminate the net income tax now, as well as the state ad valorem tax and these nuisance taxes, in my opinion,
that job could be safely done with a 2% gross income tax, or possibly a 1M% gross
income tax. It always takes experience with the operation of a tax system in a given state to know exactly what it will yield. In addition to that, it takes usually about three years' administration of a tax to bring it to a normal yield. Therefore, should we take off the state ad valorem tax, and these nuisance taxes, and meet our
appropriations bill, it would probably be wise for us to just put on the 1% gross
income tax and then, on the basis of our experience with it, two years from now when the Assembly meets, it can make such amendments to it as may be necessary, and, if desirable, raise the rate and take off the net income tax, or leave the rate at

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1% and leave on the net income tax. In any event, the substitution of a 1% gross income tax, such as that in the State of Indiana, in order to make up for exemption and other losses, and taking off the state ad valorem and nuisance taxes, would be a great forward step in tax revision in our state.
The cost of administering the gross income tax in Indiana is approximately 3%. They are decreasing their administrative costs each year as they get it functioning more smoothly.
In the consideration of a gross income tax law we are usually confronted with three objections. The first, and most vigorous, is that the business man pays taxes regardless of whether or not he is making a profit. There are many answers given to this objection. As just shown, real estate is bearing a disproportionate part of the taxes in this state and has been for many years, without any consideration as to whether it is held at a profit or a loss, whether it makes a fair return or no return at all, and regardless of whether or not the taxpayer earned any income in the year in which the tax was assessed or whether or not he lost money.
The hodgepodge of nuisance taxes, to which we have referred, has never taken into consideration whether the taxpayer is making or losing money, has never taken into consideration any ability to pay. Our gasoline taxes are paid whether the taxpayer makes a profit or a loss; the same is true of the cigar and the cigarette tax; the tag tax; and every other tax we levy except the net income tax.
The plea of no profits in business can be, and often is, not because of taxes but because of price-cutting, unfair competition, inefficient or high-powered bookkeeping, poor business methods, and unwise management. The business man should take into consideration in the operation of his business his overhead cost, including rents, fuel, help, tax, and a number of items that go into the expense of operation of any business. The expense of such operation, especially in the case of the successful business man, is passed on to the purchaser, and under the gross income tax law, as proposed, the amount of taxes paid could just as readily be charged in as an item of expense. If the business man realizes that he has an additional item of legitimate expense which he must pay, in most cases he will investigate the affairs of his business in order that he may determine whether the payment of such expense will probably result in a profit or a loss under his present method of operation, and adjust his operation accordingly.
When a man engages in business he does so with the assurance that his rights will be protected by government, and his activity puts a burden on government for which he should pay. It is hardly logical to exempt him because his business did not yield a net profit during any given period. In this new economic era of bitter, and often unintelligent competition-successful businessses should be the first to question the right of government to exempt their unsuccessful competitors from paying their share of governmental costs. Certainly, if the unsuccessful are exempted, the successful businesses must not only pay their own share but their unsuccessful competitors share also.
It could easily be argued that the imposition of a gross income tax in place of handicapping the average business man, will increase his efficiency.

WEDNESDAY, FEBRUARY 8, 1939

261

The second objection usually urged is that it would drive people into bankruptcy and reduce the number of businesses; let's see: In 1937, Indiana with a gross income tax law had 526 bankruptcies; Kentucky with no gross income tax had 959; Michigan with no gross income tax had 2,587; Illinois with no gross income tax had 4,071; and Ohio with no gross income tax had 7,338. Should the argument be advanced that there has been a disproportionate reduction in the number of businesses in the state since the enactment of Indiana's gross income tax law in 1933, again we say that the figures are quite to the contrary. In 1933 there were 58,361 licensed businesses in Indiana, while in 1937 the number had increased to 73,482. None of the states mentioned could show a like increase in the number of Lusinesses.
The third objection usually urged is that a gross income tax law would drive local manufacturers and wholesalers out of business, because they could not compete with outside manufacturers or wholesalers in selling outside the state. This is not correct. The Georgia manufacturer and the Georgia wholesaler could only be required to pay the tax on products sold in Georgia; on goods and commodities shipped out of the state there would be no tax.
What will be its effect and its operation as applied to the citizen or resident of the State not engaged in business, but coming within the salary class? Here it is based on one of the fairest of all principles of taxation, the ability to pay. With its exemption of $100 per month, agriculture and labor will be practically exempted. The person earning a salary of $3,000 per year, with the deduction of $100 per month, would pay a tax of $1.50 per month, or $18.00 per year, and it will be noted that when the person selling services, the professional man, the doctor, the lawyer, the electrician, the bookkeeper, the clerk, the stenographer, ceases to earn above the exemption or earning power ceases in its entirety, the payment of the tax likewise ceases. The exemption afforded the low income group of this state under a gross income tax measure would exempt from additional taxes the vast majority of our population which are in their present financial status unable to pay additional taxes, notwithstanding this exemption, however, by reason of the fact that it is based on income rather than outgo, and thus reaches salaries beyond the exempted class, a 1% gross income tax should equal in revenue a 3% general ;,ales tax, or 4% selected sales tax.
The average income to Georgia citizens is $297 per year. The average farm income is much lower than this; consequently, to relieve agriculture of part of its burden by a reduction in ad valorem taxes which would not be replaced under the gross income tax law by reason of its exemption, is desirable if in this age of mass production, and consequently lowered prices, the average Georgia farmer is to ever become self-sustaining and independent of subsidies paid by the federal government.
The government independent of business did not build this great country of the United States; neither did business independent of government build this country. We are familiar with some of the experiences of our government in its early stages. The Continental Congress under the Articles of Confederation was not given the power to tax and not until such Congress was granted this right by the

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colonies was our government able to do anything constructive and build the foundation upon which our country stands today.
At its inception in this country the power to tax was not the power to destroy, but the power to build, and, if we are to continue in our program to develop and improve our state and equalize the opportunities for the young, for the old, for the sick and afflicted, we must exercise judiciously the power to tax. The program for the advancement of this state has not oniy had the approval of the voters, but it was concurred in by the last session of the General Assembly when appropriations were made to carry out the expressed will of the people. But the appropriations made have not been met; the last Assembly took off taxes without adequately replacing them; the current income will not meet these appropriations.
A revenue measure providing for monthly payments of tax will release funds set aside as tax reserves by business, and the efficiency of our state government should be increased by reason of the funds collected under a gross income tax law, since payment would be made into the treasury every thirty days. Of course, the same is true of other transaction taxes. This will make it possible for a more definite determination of budgetary requirements, which was not possible by the 1937 General Assembly at the time of the passage of the appropriations hill. It will further eliminate any necessity of borrowing against anticipated revenue; will forever eliminate the expense of borrowing, and to all intents and purposes put our state government on a pay as you go basis. This, of course, can only happen if the measure you en:lct is sufficient to pay the appropriations made.
SALES TAX
The alternative to a gross income tax to enable us to make up for the taxes through exemptions and other reductions, and to enable us to take off the state ad valorem tax and the state nuisance taxes, and to enable us to meet the present appropriations bill, is a sales tax.
Most of the states have turned to a sales tax, in some form or other, to meet the increased demands of education, health and social security, and to get relief from burdensome ad valorem taxes and nuisance taxes. Of the southeastern states, Mississippi, Louisiana, Arkansas, Alabama and North Carolina already have sales taxes. The Mississippi tax is a combination sales and gross receipts tax. Florida has a form of gross receipts tax. South Carolina and Tennessee admittedly must soon turn to a sales or gross receipts tax. Some of these states have at first exempted certain staple commodities, but the trend is to eliminate these exemptions. The Alabama Legislature, now in session, has found it wise to eliminate them. Not only in the southeast, but throughout the country, sales taxes are being adopted. The State of Michigan abandoned its ad valorem tax in its entirety in 1935 and relies upon a 3% sales tax. The cost of administration iri Michigan is approxi-
r.lately 1Y,%. North Carolina has abandoned its State ad valorem tax entirely,
and has a 3% sales tax instead. The cost of administering the sales tax in North Carolina is slightly less than 2%. In Loui~iana the cost of administration is slightly less than 3%. The cost of administration of the sales tax in Ohio is 3;!4%,

WEDNESDAY, FEBRUARY 8, 1939

263

Most of these sales tax laws carry a provision that the sellers cannot absorb the tax and cannot advertise that he will absorb the tax, but must pass it on. Most of the states carry a "use" tax, at the same rate against property brought into the state for use, consumption, distribution or storage.
Exemptions are usually granted to the sale of newspapers to consumers, and the sale of agricultural commodities, including livestock, poultry and other farm products sold direct from the farm to the processor or the consumer, as well as the sale of fertilizers to the farmers. Some of the states exempt foods not served on the premises; other exempt foods altogether; and others make no exemptions.
Most of the states provide for the use of tokens to collect the tax, and some have the bracket system and collect through stamps and tickets.
The chief argument against a retail sales tax is that the poor people in the lower income brackets pay a proportionately larger part of their income in taxes than do the people in the higher income brackets, because they are forced to spend practically all they make for commodities, while those in the higher income brackets spend only a part of what they make in commodities. The answer made to this argument is that, when you take into consideration the benefits received, as well as the ability to pay, that the expanded governmental services in the form of education, health and social security are benefits which go chiefly to those in the lower income brackets, together with the facts that those in the upper income brackets pay in addition to the sales tax a net income tax, an inheritance tax, an intangible tax and ad valorem taxes.
Another argument usually lodged against the sales tax is trade going beyond the state into states that do not have a sales tax. This argument is being reduced to the vanishing point by the fact that most every state now has either a sales tax or a gross income tax, and those that do not have soon will have; and by the further fact that the "use" tax has served to efficiently protect these states having the sales tax against non-sales tax adjoining states.
Proponents of the sales tax insist that non-residents passing through the state, protected by the government, contribute large amounts of tax; that salaried people, who own no property and manage not to have to pay a net income tax, now escaping taxation entirely, yet who have children in school and members of their families d.rawing social security and health benefits, contribute to the support of these services through the sales tax.
A further argument is that a sales tax is paid daily in small amounts and is painless; that it puts the taxpayer on a "pay as you go" basis and he does not have an accumulation of taxes to meet at the end of the year; that every citizen should participate in paying the costs of government so that he will take more interest in government and in enforcing economies in government; that it protects against the ultimate arraying of the "have-nots" against the "haves", which produces slothfulness on the one hand and resentment on the other, and in its final and worst form leads to the extremes of Communism and Fascism.

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SPECIAL TAXES
Should the Assembly not wish to abandon the state ad valorem tax and the nuisance taxes, and desires only to raise the necessary funds to balance the budget by paying the appropriations in full and completing the present state program, it could do the job by a series of taxes popularly termed luxury or non-essential taxes and special taxes; such a series, for instance, as a tax on soft drinks; sports and amusements; public utilities, including telephone, telegraph, railroads, power companies, gas companies, common carrier motor vehicles; a raise in the gasoline tax; a change in the liquor tax from our present licensing system to the state stores system. A combination selected from among these taxes, at substantial rates, would balance our budget, but could hardly be made to yield enough to tak:e off the state ad valorem and nuisance taxes in addition to meeting the state appropriations.
The arguments usually used as to some of these special taxes is that they are taxes upon non-essentials or luxuries; and as to others of them, that they are taxes upon certain groups that can the better afford to pay taxes. The arguments against these special taxes are that the same groups, or commodities, sought to be specially taxed would have to pay their proportionate share under a gross income or sales tax, and that it is neither right nor sound to impose special taxes on special groups. That these taxes would be additional taxes and not substitute taxes as they would not bring in enough revenue to enable the taking off of the state ad valorem and pest taxes.
Frankly, my feeling in the matter-as between the three alternatives I have outlined-is,
( 1) a preference for the gross income tax under the conditions mentioned;
(2) an agreeableness to the sales tax under the conditions mentioned;
(3) and a willingness to accept the special taxes under the conditions mentioned.
I hardly think: I should undertake to circumscribe or limit by my message your preference by a hard and fast recommendation of one of these alternatives - over the other. I feel lik:e the sentiment of the House should be sounded through your Ways and Means Committee, and otherwise as you choose, to determine which of these alternatives a majority prefer. I then feel that the House should adopt that alternative which appears most likely to meet the majority opinion.
I do not mean by this statement to vacilate on this question, and as soon as the House will show an indication of the alternative it prefers, I will help lead the fight to enact the legislation. I will assume full responsibility with you in it, and will defend it to the utmost of my energy and ability before the people. I k:now, as you k:now, and as the people of this state k:now, that we inevitably must choose one of these alternatives. I k:now that neither of these alternatives will be as burdensome on the people as the tax of ignorance, disease and want and the loss of earning power, as a result of inadequately supporting governmental services of education, health and social security.

WEDNESDAY, FEBRUARY 8, 1939

265

CONCLUSION
I urge you, with all the power of my being, to discard personalities, demagoguery, partisanship and bitterness. I urge you to meet the issue squarely, courageously, fairly and intelligently. I urge you to join hands with me in carrying out the will of the people to complete the program of tax revision and the program of adequate support of governmental services. I urge upon you the advantages of seeking and following Divine guidance in this hour of crisis and opportunity in the affairs of our great state. I urge you to action that Georgians may have their income increased, may have their opportunity enlarged and that we may keep pace with the vanguard states of this nation. I urge you that, as those great men who served in the assemblies of this state in the days of old, and met vastly more complicated problems than we face, and whose spirits hallow these walls, and whose ideals live in the bloodstreams and heartthrobs of us today, that we have the courage, the determination and the ability to do our job as well for the present and the future as they did theirs, in an effort to be worthy successors in the scheme of government and affairs in which they do devotedly and ably served.
Mr. Gross of Stephens moved that the joint session of the General Assembly do now dissolve.
The motion prevailed, and under the consent granted Senator Durden of the lOth district, the Senate stood adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,
Thursday, February 9th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by Reverend Fred L. Glisson.
Senator Williams of the 31st district, vice-chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of hills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. First reading of House hills and resolutions. 5. Putting on passage uncontested local Senate and House bills and rt>solutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading. The consent was granted. The following hills of the Senate were introduced, read the first time and referred to the committees:
By Senator Abbot of the 18th district-
Senate Bill No. 98. A bill to amend the electric corporation membership Act to give right of eminent domain; and for other purposes.
Referred to Committee on Public Utilities.
By Senator Abbot of the 18th districtSenate Bill No. 99. A hill to create a board of trustees of the University
Hospital at Augusta; and for other purposes. Referred to Committee on Municipal Government.
The following bills of the Senate, favorably reported by committees, were read the second time: By Senator Chastain of the 41st district-

THURSDAY, FEBRUARY 9, 1'939

267

Senate Bill No. 53. A bill fixing the responsibility of all persons, firms, or

corporations engaged in the transportation of pupils, teachers or officials to and

from school activities; and for other purposes.



By Senator Holt of the 3rd district-

Senate Bill No. 92. A bill to amend an Act that created a new charter for the City of Baxley, approved August 21st, 1911; and for other purposes.

The following message was received from the House through Mr. Greer, 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. 113. A bill to be entitled an Act to require all voters in certain counties in all primary elections to sign a book to be known as the "Voters lndentification Book"; and for other purposes.

By Messrs. Atkinson, Grayson and MeN all of Chatham-

House Bill No. 125. A bill to be entitled an Act to extend the penal laws of Georgia on illegal practices in general elections to cover all primary elections; and for other purposes.

By Messrs. Edwards and Connell of Lowndes-

House Bill No. 133. A bill to be entitled an Act to amend the 1933 Code with refsrence to fixing the fees of auditors; and for other purposes.

By Mr. Miller of Lanier-
Hause Bill No. 330. A bill to be entitled an Act to amend the charter of the City of Lakeland; and for other purposes.

The following bills of the House were read the first time and referred to committees:

:By Mr. Guyton of Effingham-
House Bill No. 113. A bill to require all voters in all primary elections in certain counties to sign a book to be known as the "Voters Identification Book"; and for other purposes.

Referred to Committee on Privileges and Elections.

By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 125. A bill to extend the penal laws of the State of Georgia to illegal practices in general elections to all primary elections; and for other purposes.

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Referred to Committee on Privileges and Elections.
By Messrs. Edwards and Connell of Lowndes-
House Bill No. 133. A bill to amend a section of the Code of Georgia with reference to fixing fees of auditors for reporting evidence not to exceed more than fifteen cents per one hundred words; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Miller of Lanier-
Hause Bill No. 330. A bill to amend the charter of the City of Lakeland; and for other purposes.
Referred to Committee on Municipal Government.
Mr. McGinty of the 3rd 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:
House Bill No. 50. Do pass.
Respectfully submitted,
McGinty of 43rd district, chairman.
Mr. Twiggs of the 40th 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 Senate and House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 53. Do pass.
House Bill No. 89. Do pass.
Respectfully submitted,
Twiggs of 40th district, chairman.
Mr. Palmour of the 33rd district, chairman of the Committee on Appropriations, submitted the following report:
Mr. President: Your Committee on Appropriations have had under consideration the following

THURSDAY, FEBRUARY 9, 1939

269

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. 346. Do pass. Respectfully submitted, Palmour of 33rd district, chairman.
Mr. Harrell of the 7th district, chairman of the Committee on Aviation, submitted the following report: Mr. President:
Your Committee on Aviation 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. 110. Do pass. Respectfully submitted, Harrell of 7th district, chairman.
Mr. Manning of the 39th 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. 257. Do pass. House Bill No. 239. Do pass. House Bill No. 290. Do pass. Senate Bill No. 92. Do pass. House Bill No. 265. Do pass. House Bill No. 186. Do pass.
Respectfully submitted, Manning of the 39th district, chairman. Mr. Mavity of the 44th district, chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President: Your Committee on Industrial Relations have had under consideration the

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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. 32. Do pass.
Respectfully submitted,
Mavity of 44th district, chairman.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Key of Jasper and Gross of Stephens-
House Bill No. 32. A bill amending Paragraph D, of Section 114-413, of the Code of Georgia of 1933, by striking from said paragraph the last sentence; and for other purposes.
By Mr. Greene of Jones-
House Bill No. SO. A bill providing for the admissibility as prima facie evidenct' in all courts of the State of Georgia, of inspection certificates issued by the United States department of agriculture; and for other purposes.
By Messrs. Lanham and Davis of Floyd--
House Bill No. 89. A bill amending Section 32-1014 of the Code of Georgia of 1933, relating to the making of reports by county school superintendents; and for other purposes.
By Mr. Gowen of Glynn-
House Bill No. 110. A bill amending the code by providing for the reduction in the number >f pilots for the port of Brunswick; and for other purposes.
By Messrs. Joel and Bennett of Clarke-
House Bill No. 186. A bill to amend the charter of the City of Athens by providing a civil service commission ; and for other purposes.
By Messrs. Tipton and Scott of Thomas-
House Bill No. 239. A bill to amend Acts incorporating the City of Coolidge; and for other purposes.
By Mr. Clements of Calhoun-
House Bill No. 257. A bill creating a new charter for the City of Morgan; and for other purposes.
By Messrs. Bennett and Joel of Clarke-
House Bill No. 265. A bill amending the charter of Athens providing for aid, relief, and pensions to members of the paid fire department; and for other purposes.

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271

By Mr. Hatchett of Meriwether-
House Bill No. 290. A bill amending the charter of Manchester by providing for the election of city manager at the discretion of the board of commissioners; and for other purposes.
By Mr. Key of Jasper-
House Bill No. 346. A bill to be entitled an Act to amend the general appropriations bill, by providing for payment of interest on school loan; and for other purposes.
By Senator Palmour of the 33rd district-Senate Bill No.5. A bill to strike Section 95-2111 of the Code of 1933 and to
amend Section 95-2112 of said code with reference to bonds of 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, nays 6.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent the following bill was ordered immediately transmitted to the House.
By Senator Durden of the lOth district, and othersSenate Bill No. 32. A bill to provide that bonds and other obligations issued by
any Public Housing Authority when secured by pledge of annual contributions shall be security for all public deposits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Durden of the lOth district, and othersSenate Bill No. 33. A bill amending Georgia Laws of 1937, Pages 697-702,
with reference to "Housing Co-operation 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 33, nays l.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was read the third time and put on its passage.
By Mr. Smith of Schley-

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House Bill No. 264. A bill to abolish the city court of Ellaville; to transfer all cases pending therein to the superior court in Schley county; to provide a referendum election on this Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Millican of the 52nd district-
Senate Bill No. 56. A bill to amend an Act entitled "Municipal Court of Atlanta" by changing the name of a section of the court; and for other purposes.
The report of the committee, which was iavorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 59. A bill amending an Act establishing a new charter 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 60. A bill amending an Act establishing a new charter for the City of Atlanta so as to provide for the election of mayor pro-tem; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Brown of the 4th districtSenate Bill No. 80. A bill amending the charter of the City of Brunswick by
providing pension of retired officers of said city; and for other purposes.

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The report of the committee, which was favorable to the pas;age of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Sanders of the 36th district-
Senate Bill No. 86. A bill to change the name of George Malcolm Smith and Herbert Watson Smith; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 35. A bill to declare valid and legal the establishment and organization of housing authorities, and all bonds, notes, contracts, etc., of such housing authorities; and for other purposes.
Senator Durden of the lOth moved to amend Senate Bill No. 35, by adding a section to be mmbered Section 4, as follows:
Section 4. Be it further enacted by the authority aforesaid, that insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controling.
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, the ayes were 31, nays 0.
The bill, having received the re<;uisite constitutional majority, was passed as amended.
By Senator Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 36. A bill confirming certain bonds and obligations of any state housing authority created by the General Assembly; and for other purposes.
Senator Durden of the lOth district moved to amend Senate Bill No. 36 by adding a section to be numbered Section 6, as follows:
Section 6. Be it further enacted by the authority aforesaid, that insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controling.

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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, the ayes were 30, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Millican of the 52nd district-
Senate Bill No. 64. A bill to amend an Act establishing a new charter for the City of Atlanta relative to the salary of the mayor; classifying the chief inspector of weights and measures; and for other purposes.
The committee offered the following substitute:
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 the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows:
Section I. That the charter of the City of Atlanta as found in Chapter 20, entitled "Police-Board of Police Commissioners," as embodied in Section 342 to Section 360, inclusive, of the Code of the City of Atlanta, as amended by the Acts of 1937, approved March 30, 1937 (Georgia Laws 1937, Page 1497), be amended by adding at the end of Section 360 A the following:
"Provided, however, that the present chief inspector of weights and measures, and his successors, shall be classified as a member of the legally constituted police force and employed under civil service rules."
So that, as amended, said Section 360 A shall read as follows:
"Section 360 A. All references and provisions for civil service as provided for the regular police force in the foregoing sections shall not be construed to refer to clerical help and laborers and assistants not employed as regularly constituted members of the police force of said city. Provided, however, that the present chief inspector of weights and measures, and his successors, shall be classified as a member of the legally constituted police force and employed under civil rules."
Section 2. That Section 17 of the charter of the City of Atlanta, as embodied in the Code of the City of Atlanta of 1924, be and it is hereby stricken and in lieu thereof the following section is hereby enacted:
"Section 17. DUTIES OF MAYOR AND SALARY-The mayor shall be the chief executive of the City of Atlanta; he shall see that all the laws and

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ordinances of the city are faithfully executed; he shall examine and audit all accounts of the city before payment; his salary, beginning January I, 1940, shall be eight thousand ($8,000.00) dollars per year, payable in monthly or bi-monthly installments, as may be fixed by the general council, which shall not be changed during his term of office; he shall have power to convene the general council in extra session whenever in his judgment the exigencies of the case require it."
Section 3. Whenever any employee of the City of Atlanta who is a member of either the police or firemen's pension groups of the city employees shall transfer or be transferr<!d from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and receive credit for the years of service in the department from which he transferred by paying into the pension fund of the department to which he has transferred the amount of premiums he would have paid into said fund if he had been a member of said department for the number of years he claims credit for service in the other department, including the years in which such department did not have a pension system. Such transferred employee shall have the right to have transferred from the pension fund of which he has been a member the total amount of premiums he has paid into the said fund to the pension fund of the department to which he transfers and be credited as payment on the premiums due said fund for the years of service he claims. The rights given in this Act shall be effective as to the officers and employees who have transferred prior to this Act as well as future transferees. Nothing in this section shall apply to the general employees pension fund.
Section 4. All laws and parts of laws in conflict herewith are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senator Millican of the 52nd district-
Senate Bill 1'\o. 68. A bill amending an Act establishing a new charter for the City of Atlanta relative to automobile allowances and salaries of employees; relative to control of Grady Hospital; and for other purposes.
Senator Millican of the 52nd district offered the following amendment, which was adopted:
To amend Senate Bill No. 68, Section 2, line 8, after the word "Council" by striking the words "The term of all members shall conform to the term of office prescribed for the mayor" and insert in lieu thereof the following: "The term of the five members appointed by the mayor from the general public shall be for a period of four yer,rs."

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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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Millican of the 52nd district-
Senate Bill No. 87. A bill to amend an Act establishing a new charter for the City of Atlanta so that the mayor and council shall have no power to sell or exchange certain park property; and for other purposes.
Senator Millican of the 52nd district offered the following amendment to Senate Bill No. 87, as follows:
By adding in Section 1, line 7, after the words "John A. White Park" the following: "Atlanta Memorial Park."
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was p<tssed as amended.
By Senator Millican of the 52nd district-
Senate Bill No. 15. A bill to amend the Code of 1933, Part 3, "Rules and Regulations Governing all Elections" so as to provide for a secret ballot; and for other purposes.
The committee offered a substitute.
Senator Millican of the 52nd district moved to amend the substitute for Senate Bill No. 15 by striking from Section 1 on Page 2 of the printed bill all of that sentence beginning: "In the event of a contest any voter" and ending "for whom the challenged voter cast such ballot."
The amendment was adopted.
The substitute, as amended, was as follows:

A BILL
Entitled an Act to amend Part III, "Rules and Regulations Governing all Elections", of Chapter 34-19, Title 34, "Elections", of the Code of Georgia of 1933, by repealing Section 34-1903 of said code "Primary Election; Ballots; Qualifications of Candidates;" and substituting a new section to be known as 34-1903, so as

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to provide for primary elections, qualification of candidates and for a secret ballot in all primary elections in the State of Georgia; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows:
Section 1. That Section 34-1903 of Chapter 34 of Title 34 "Election", of the Code of the State of Georgia, be and is hereby stricken and repealed, and there is hereby substituted in lieu thereof a new section to be known as 34-1903 which said section shall read as follows:
"34-1903. Primary election; qualifications of candidates-In all primary elections, it shall be the duty of the county or city executive committee, or other party authority of the political party holding the election, to provide official ballots, with the names of all candidates who have properly qualified in accordance with the rules of such party, printed thereon; such names to be arranged upon said ballots in alphabetical order as to candidates for the same office, said ballots to be bound together in blocks or pads in such manner that each ballot may be detached and removed separately. Each ballot shall have attached at the top thereof a number strip which may be easily detached, and each number strip shall have attached at the top thereof a stub which may be easily detached, with a blank space on said stub for the name of the voter, and printed thereon a letter of the alphabet or some other designation and a number, and the same designation and number shall be printed upon a number strip; but a different designation or letter shall be printed on the stubs and number strips attached to ballots used at various polling places, so that the stubs and number strips attached to ballots at no two places in the same county shall bear the same designation. When a voter shall apply for a ballot his name shall be written upon one of the stubs and he shall be given the number strip and the ballot which shall be detached from the stub upon which said voter's name is written. After said voter has prepared his ballot he shall fold the same in such manner that the manager may compare the designation and number on the number strip attached to said ballot with the designation and number upon the stub containing the name of the voter, and if said designation and number be the same, it shall be the duty of the manager to detach the number strip from the ballot, preserve the number strip in the election records, and permit the voter to deposit his ballot in the ballot box without exposing, inspecting or disclosing the face of the ballot itself. On the ballot shall be printed such words as will enable the voter to express his choice, such as "Vote for one", "Vote for two", and the like; and the voter or elector shall express his choice or choices by making a mark in a box,
illustrated thusly: D which shall be printed on the ballot opposite the name of each
candidate. If at any time, the proper authorities of any political party shall submit to the members of such party any matter or questions to be voted upon, such authorities shall also have printed on each ballot the necessary language to guide the voter in the expression of his desire as to any such matter or question. All candidates for nomination for state and county offices including members of the General Assembly shall qualify as such candidates in accordance with the rules of the party calling the primary, not later than thirty (30) days previous to the holding such primary, and the committee or other party authority of such party shall not fix

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any other or different time limit for qualification; provided, however, that this provision shall not apply to special primary elections to fill vacancies, and, provided further, that same shall not apply in counties in this state who do not use the Australian Ballot System.
Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed.
The substitute was adopted as amended.
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, the ayes were 30, nays 10.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Lindsay of the 34th district gave notice of intention to move for reconsideration of the passage of Senate Bill No. 15.
The following resolution was read and adopted:
By Senator Brown of the 4th district-
Senate Resolution No. 35. A resolution importuning Congress to mcrease the federal appropriation for forest fire control.
Senator Smith of the 24th district moved that the Senate do now adjourn.
The ayes were 32, nays 4, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

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279

Senate Chamber, Atlanta, Georgia,
Friday, February lOth, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Brinson of the 41st district, chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second rt>ading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 137. A bill to be entitled an Act to carry into effect Article 3, Section 1, Paragraph l, of the constitution of Georgia, by providing for the publication of any proposed amendment to the constitution; and for other purposes.
By Mr. Jones of RichmondHouse Bill No. 138. A bill to be entitled an Act to provide for the extension,
renewal or revival of charters of corporations by the Legislature or secretary of state; and for other purposes.
By Mr. Etheridge of Houston-

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JOURNAL OF THE SENATE,

House Bill l'<o. 142. A bill to be entitled an Act to abolish the office of county treasurer of Houston county; and for other purposes.
By Mr. DeFoor of McintoshHouse Bill No. 152. A bill to be entitled an Act to repeal an Act to license
resident livestock dealers in Mcintosh county; and for other purposes.
By Mr. Smith of SchleyHouse Bill No. 236. A bill to be entitled an Act abolishing the office of county
treasurer; and for other purposes.
By Mr. Smith of Schley-
House Bill No. 240. A bill to be entitled an Act to consolidate the office of tax receiver and tax collector in the county of Schley; and for other purposes.
By Mr. Ferguson of Camden-
House Bill No. 281. A bill to be entitled an Act to reduce the official bond of the clerk of the superior court of Camden county; and for other purposes.
By Mr. Gill of Bryan- .
House Bill No. 300. A bill to be .entitled an Act to repeal an Act increasing the salary of the treasurer of Bryan county; and for other purposes.
By Mr. Gowen of Glynn-
House Bill No. 314. A bill to be entitled an Act to amend the charter of the commissioners of roads and revenues of Glynn county; and for other purposes.
By Mr. Lovett ot Laurens-
House Bill No. 320. A bill to be entitled an Act to amend an Act with reference to the board of commissioners of roads and revenues of Laurens county; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 323. A bill to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the county of Fulton; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 324. A bill to be entitled an Act to authorize Fulton county to estabish an administrator, a sewage system, and to levy assessments therefor; and for other purposes.
By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton-
House Bill No. 326. A bill to be entitled an Act to create and establish for

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281

Fulton county a planning commission and board of zoning appeals; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 327. A bill to be entitled an Act to authorize the board of commissioners of Fulton county to establish rules and regulations governing payment of pensions to county employees; and for other purposes.
By Mr. Hinson of Jeff Davis-
House Bill No. 335. A bill to be entitled an Act to amend the "Jef Davis Tax Commissioner Act"; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 343. A bill to be entitled an Act to amend an Act to abolish the office of county treasurer of Grady county; and for other purposes.
By Messrs. Grayson, Atkinson and MeNall of Chatham-
House Bill No. 345. A bill to be entitled an Act to amend the charter of the City of Savannah and the several Acts amendatory thereof; and for other purposes.
By Mr. Hill of ScrevenHouse Bill No. 348. A bill to be entitled an Act to fix the compensation
of the county treasurer of Screven county; and for other purposes.
By Mr. Hardman of MadisonHouse Bill No. 350. A bill to be entitled an Act to amend an Act (Georgia
Laws 1914, Pages 3l6-322) by repealing Section 2 of said Act; and for other purposes.
By Messrs. Bruce, Dallis and Morgan of Troup-House Bill No. 355. A bill to be entitled an Act to amend an Act to create
a new charter for the City of West Point; and for other purposes.
By Mr. Sapp of CoffeeHouse Bill No. 361. A bill to be entitled an Act to amend an Act to create a
new charter for the City of Douglas; and for other purposes.
By Mr. Johnson of ChattahoocheeHouse Bill No. 360. A bill to be entitled an Act to amend an Act to abolish
the offices of tax collector and tax receiver for the county of Chattahoochee; and for other purposes.
By Mr. Jones of PauldingHouse Bill No. 362. A bill to be entitled an Act to authorize the ordinary of
Paulding county to create and establish restricted zones or districts; and for other purposes.

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JOURNAL OF THE SENATE,

By Mr. Bell of Grady-
House Bill No. 370. A bill to be entitled an Act to amend an Act (Georgia Laws Extra Session, 1937-1938, Page 837) by increasing the number of commissioners to five; and for other purposes.
By Mr. Coogler of Clayton-
House Resolution No. 34-156 A. A resolution authorizing the state librarian to furnish certain volumes of the supreme court reports to Clayton county; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Dorminy of the 45th district-
Senate Bill No. 100. A bill 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 Ocilla, Georgia, to incur a bonded indebtedness in addition to that heretofore authorized by the constitution; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senator Brown of the 4th district-
Senate Bill No. 101. A bill to permit and authorize the sale, transfer and trading of oil, gas and mineral leases without supervision or regulation; and for other purposes.
Referred to Committee on Mines and Mining.
By Senator Brooks of the 8th district-
Senate Bill No. 102. A bill amending Section 92 A-401 of the Code of 1933, by striking the figure "16" in the second lines of sub-sections 1 and 2 of said section, and substituting in lieu thereof the figure "14"; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senator Brooks of the 8th district-
Senate Bill No. 103. A bill to amend Section 68-307 of the Code of 1933 by striking the figure "16" from the third line thereof and inserting in lieu thereof the figure "14"; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senator Harrell of the 7th district-
Senate Bill No. 104. A bill to amend an Act providing for the registration of trade names, partnership names, etc., so as to provide that the registration of such trade names shall be advertised in the county in which such trade names are registered; and for other purposes.

FRIDAY, FEBRUARY 10, 1939

283

Referred to Committee on Uniform Laws.
The following bills of the House were read the first time and referred to committees:
By Mr. Jones of RichmondHouse Bill No. 138. A bill to provide for the extension, renewal, etc., of
charters of corporations chartered by the Legislature or secretary of state; and for other purposes.
Referred to Committee on Corporations.
Mr. Lindsay of the 34th district, chairman of the Committee on General Judiciary No. I, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. I 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. 5. Do pass.
Senate Resolution No. 30. Do pass.
Respectfully submitted,
Lindsay of 34th district, chairman,
Mr. Causey of the 46th district, chairman of the Committee on Public Welfare, submitted the following report:
Mr. President:
Your Committee on Public Welfare 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. 44. Do pass.
Senate Bill No. 78. Do pass.
Respectfully submitted,
Causey of 46th district, chairman,
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President: Your Committee on Privileges and Elections have had under consideration the

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JOURNAL OF THE SENATE,

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. 107. Do pass. Respectfully submitted,
McCranie of 48th district, chairman.
Mr. Williams of the 21st 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 22. Do not pass. House Resolution No. 5-32 A. Do pass.
Respectfully submitted,
Williams of 21st district, chairman,
Mr. Redman of the 26th 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. 41. Do pass by substitute.
Respectfully submitted,
Redman of 26th district, chairman.
Mr. Dunn of the 22nd district, chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President:
Mr. Dunn of the 22nd district, chairman of the Committee on Uniform Laws have had under consideration the following bill 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,
Dunn of the 22nd district, chairman.

FRIDAY, FEBRUARY 10, 1939

285

Mr. Fortson of the 50th district, chairman of the Committee on Insurance, submitted the following report:
Mr-. President:
Your Committee on Insurance have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 75. Do pass.
Respectfully submitted,
Fortson of 50th district, chairman.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Sabados and Allen of Dougherty-
House Resolution No. 115. A resolution urging the House and Senate to give the resolution providing for extending the time to purchase automobile tags to February 15th, 1939, immediate attentio~; and for other purposes.
The following bills of the Senate, favorably reported by committees, were read the second time :
By Senator Fortson of the 50th district-
Senate Bill No. 41. A bill to amend an Act creating the department of public safety by striking the words and figures "one hundred and twenty (120)" and substituting the words and figures "two hundred (200)"; and for other purposes.
By Senator Nix of the 32nd district-
Senate Bill No. 44. A bill promoting the public welfare by providing for public assistance to disabled and indigent persons who are 50% disabled from earning a livelihood ; and for other purposes.
By Senator Redman of the 26th district-
Senate Bill No. 51. A bill providing for the holding of four terms each year of Butts superior court; and for other purposes.
By Senator Brown of the 4th district-
Senate Bill No. 75. A bill authorizing the incorporation of co-operative insurance exchanges by manufacturing companies for the purpose of insuring against loss caused by shutdowns arising from business depressions; and for other purposes.

286

JOURNAL OF THE SENATE,

By Senators McCranie of the 48th and Dawson of the 2nd districts-

Senate Bill No. 78. A bill repealing Section 23-2302 of the Code so as to relieve parents and children of the duty of supporting their pauper parent or child; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Moore of the 47th district-

Senate Resolution No. 30. A resolution relieving H. A. Peugh as surety on bond; and for other purposes.

The following bills of the House, favorably reported by the committees, were

read the second time:



By Mr. Forrester of Crisp--
House Bill No. 5. A bill authorizing fiduciaries to invest trust funds in bonds
issued by school districts for the purpose of building and equipping school houses; and for other purposes.
By Messrs. Connell and Edwards of Lowndes-
House Bill No. 107. A bill requiring candidates for the General Assembly in Lowndes county to designate their opponents; and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Grant of Habersham-
House Resolution No. 5-32 A. A resolution to furnish certain volumes of supreme court reports and court of appeal reports to Habersham 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 Millican of the 52nd district-

Senate Bill No. 57. A bill to amend an Act entitled "An Act to regulate primary election in all municipalities in the state," relative to cities of 200,000 or more 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, nays 0.

The bill, having received the requisite constitutional majority, was passed. By Senator Holt of the 3rd district-

FRIDAY, FEBRUARY 10, 1939

287

Senate Bill No. 92. A bill amending the charter of the City of Baxley; and
for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Joel and Bennett of Clarke-
House Bill No. 186. A bill providing for a civil service commission for the City of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa3sage of the bill, the ayes were 35, nays 0.
The bill, having received the rew!isite constitutional majority, was passed.
By Messrs. Tipton and Scott of Thomas-
House Bill No. 239. A bill fixing die date of election for officials of the City
of Coolidge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Clements of Calhoun-
House Bill No. 257. A bill creating a new charter for the City of Morgan; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bennett and Joel of Clarke-
House Bill No. 265. A bill amending the charter of the City of Athens relative to pensions for members of the fire department; and for other purposes.
The report 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.

288

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
By Mr. Hatchett of Meriwether-
Hause Bill No. 290. A bill to amf'nd the charter of the City of Manchester, to provide for a commission form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wen 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Moore of the 47th and Estes of the 35th districts-
Senate Bill No. 84. A bill authorizing the regents of the University of Georgia to condemn property; and for other purposes.
Senator Moore of the 47th offered the following amendment, which was adopted:
By adding :1 new section to be known as Section 3, reading as follows:
"Section 3. Be it further enacted by the authority aforesaid 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 'lS amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 34. A bill amending the "Housing Authorities Law" of 1937 re-defining certain terms and providing for the approval of certain projects; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 37. A bill to authorize cities of more than 5,000 population to adopt ordinances with reference to demolition of unfit dwellings; and for other purposes.

FRIDAY, FEBRUARY 10, 1939

289

Senator Durden of the lOth district asked unanimous consent that further action on the bill be postponed until Monday, February 13, and the consent was granted.

By Mr. Key of Jasper-

House Bill No. 346. A bill amending the general Appropriation Act to provide for payment of interest on school loans; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill, involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Causey Chastain Cochran Daves Dawson Dorminy Dunn Durden Estes

Fortson Groover Harrell Hass Holt Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty

Millican Moore Palmour Redman Sanders Sears Smith, 12th Thomason Twiggs Warnell Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 39, nays 0.

By unanimous consent, the verification of the roll call was dispensed with.

Not voting: Senators Boykin, Brooks, Brown, Cail, Cloud, l\1avity, Moate, New, Nix, Padgett, Smith of the 24th district, and Thrasher.

The bill, having received the requisite constitutional majority. was passed.

The following resolution of the House wa; read the third time and put upon its passage:

By Messrs. Allen and Sabados of Dougherty-

House Resolution No. 44. A resolution extending the time for purchasing motor vehicle tags until February 15th, 1939.

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 31, nays 0.

29()

JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional majority, was passed.
Senator Lindsay of the 34th district asked unammous consent that when the Senate adjourn today, it stand adjourned until Monday morning, February 13th, at 10 o'clock, and the consent was granted.
By unanimous consent, House Resolution No. 44 and House Bill No. 346 were ordered immediately transmitted to the House.
Senator Millican of the 52nd district asked unanimous consent that the followin~ bill of the House be withdrawn from the Committee on Counties and County Matters, read the second time, and re-committed:
By Mr. Bennett of Clarke-
House Bill No. 184. A bill providing for election of clerk of board of commissioners of roads and revenues of Clarke county; and for other purposes.
The consent was granted.
Senator Lindsay of the 34th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning, February 13th, at 10 o'clock.

MONDAY, FEBRUARY 13, 1939

291

Senate Chamber, Atlanta, Georgia,
Monday, February 13th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day, and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimou,s consent, the call of the roll was dispensed with.
Senator Williams, of the 31st district, vice-chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
By unanimous consent, the reading of the journal was disp~nsed with, and the journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
I. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time and referred to committees:
By Senator Millican of the 52nd district-
Senate Bill No. 113. A bill amending Code Section 40-1608, Code of 1933, with reference to assistant attorneys general, so as to provide for the appointments by attorney general; and for other purposes.
Referred to Committee' on Special Judiciary.
By Senator Cail of the 17th district-
Senate Bill No. 114. A bill to provide for a perct"ntage reduction in the salaries of specified state employees; and for other purposes.
Referred to Committee on Finance.

292

JOURNAL OF THE SENATE,

By Senator Cail of the 17th districtSenate Bill No. 115. A bill to amend Section 68-303 of the Code of Georgia,
Sub-section F thereof, with reference to signals for drivers of motor vehicles; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senator Cail of the 17th districtSenate Bill No. 116. A bill amending an Act providing for homesteads exempt
irom certain taxation ; so as to provide for the exemption of homes owned and occupied by joint owners; and for other purposes.
Referred to Committee on Finance.
By Senators Thomason of the 28th and Causey of the 46th districtsSenate Bill No. 117. A bill to amend an Act entitled "An Act to authorize and
regulate the pr~ctice of chiropractic in the State of Georgia" with reference of eligibility to practice; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senators Williamson of the 13th and Cochran of the 23rd districtsSenate Bill No. 118. A bill repealing an Act creating the Town of Mauk with
reference to laying out of streets, sidewalks; and for other purposes. Referred to Committee on Municipal Government.
The following resolution of the Senate was introduced, read the first time and referred to committee:
By Senator Howe of the 38th district-
Senate Resolution No. 36. A resolution authorizing the state librarian to furnish certain volumes to Haralson county; and for other purposes.
Referred to Committee on Public Library.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Warnell of the 1st district-
Senate Bill No. 105. A bill to amend an Act creating and establishing the city court of Pembroke; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Millican of the 52nd districtSenate Bill No. 106. A bill amending an Act establishing a new charter for

MONDAY, FEBRUARY 13, 1939

293

the City of Atlanta, approved February 28th, 1874, and several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd district-
Senate Bill No. 107. A bill amending an Act entitled "An Act to create a civil service board in cities having a population in excess of 200,000 people so as to amend Sections 3 and 11 of said Act with reference to firemasters; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd district-
Senate Bill No. 108. A bill providing that counties having a population of 200,000 by the United States census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of the county police departments; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd district-
Senate Bill No. 109. A bill amending Section 201, Chapter 77, Title 77, Georgia Code of 1933, providing that any county may establish and maintain farms, quarters or other places of confinement for misdemeanor convicts; and for other purposes.
Referred to Committee on Penitentiary.
By Senator ClouJ of the 19th district-
Senate Bill No. 110. A bill abolishing the offices of tax collector and tax receiver of Taliaferro county and creating in lieu thereof t~e office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Cloud of the 19th district-
Senate Bill No. 111. A bill to increase the term of office of board of county commissioners of Taliaferro county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Manning of the 39th district-
Senate Bill No. 112. A bill amending an Act creating a new charter and municipal government fo.r the City of Canton; and for other purposes.
Referred to Committee on Municipal Government;
The following communication was read as information to the Senate:

294

JOURNAL OF THE SENATE,

State Prison and Parole Commission

Atlanta, Georgia, February 13th, 1939.

Hon. John B. Spivey, President, and Members of the Senate, State Capitol, Atlanta, Georgi:~.

Gentlemen:

Under the provisions of House Resolution No. 69, adopted January 31st, 1939, calling for information relative to the paroles issued by this commission, we are today filing with the clerk of the House a report giving this information in detail.

This is the first time detailed statistics covering indeterminate sentence law releases and misdemeanor releases have been recorded and made available.

Believing th~ Senate is entitled likewise to the information contained in our report we are filing with the Secretary of the Senate also a copy of the report for such examination as the members of the Senate may desire to make of it.

Respectfully submitted,

CER:JJ

State Prison and Parole Commission, Vivian Stanley, chairman. Clem E. Rainey, vice-chairman. G. A. Johns, commissioner.

The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:
The House has passed by the reqUistte constitutional majority the following bills and resolution of the House, to-wit:

By Mr. Culpepper of Fayette-
House Bill No. 159. A bill to be entitled an Act to increase the pensions of Confederate Veterans to $50.00 per month; and for other purposes.

By Mr. Holtzendorff of Ben Hill-
House Bill No. 160. A bill to be entitled an Act to provide how official organs shall be selected, affecting Ben Hill county; and for other purposes.

By Mr. Thigpen of Glascock-
House Bill No. 171. A bill to be entitled an Act to require judges of trial court to grant a supersedeas to all persons convicted or adjudged in contempt; and for other purposes.
By Messrs. Lovett and Evans of Laurens-

MONDAY, FEBRUARY 13, 1939

295

House Bill No. 254. A bill to be entitled an Act repealing an Act creating the city court of Dublin of Laurens county and all laws amendatory thereof; and for other purposes.
By Messrs. Wohlwender and Maxwell of Muscogee-
House Bill No. 282. A bill to be entitled an Act to change and fix the salaries of the judge and solicitor of the city court of Columbus; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 351. A bill to 'be entitled an Act to amend an Act entitled an Act to create a new charter for the City of Glennville in the County of Tattnall; and for other purposes.
By Messrs. McGraw and Hatchett of Meriwether-
Hause Bill No. 378. A bill to be entitled an Act to establish the city court of Greenville; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Resolution No. 36-160 A. A resolution providing for the adoption of a Georgia creed ; and for other purposes.
By Mr. Cobb of Oconee-
House Resolution No. 37-160 B. A resolution authorizing the state librarian to furnish certain law reports to the clerk of the court of Oconee county; and for other purposes.
By Mr. Harrison of Crawford-
House Resolution No. 77. A resolution commending Governor Rivers and his staff of assistants in the campaign to obtain funds to fight infantile paralysis; and for other purposes.
By Messrs. Jones of Richmond and Lovett of Laurens-
House Resolution No. 111. A resolution requesting the Georgia delegation in the national Congress to initiate and co-operate in supporting legislation to restore cotton to it former economic importance in world commerce; and for other purposes.
By Messrs. Morgan of Troup, Hill of Screven, Edwards of Lowndes, and others-
House Resolution No. 117. A resolution inviting Mr. Rukeyser to address the General Assembly at a joint session at 11 a.m., Friday, February 24th, 1939; and for other purposes.
By Mr. Gross of StephensHouse Resolution No. 116. A resolution providing for a joint session of the
General Assembly at 11 A. M., February 15th, 1939, for the purpose of hearing an address from the Honorable Nathan Straus; and for other purposes.

296

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
bill of the Senate, to-wit:
By Senator Harrell of the 7th district-
Senate Bill No. 18. A bill to be entitled an Act to amend the Act creating a new charter for the City of Quitman in Brooks county, Georgia; and for other purposes.
The following bills of the House were read the first time and referred to committees: By Mr. Culpepper of Fayette-
House Bill No. 137. A bill to carry into effect Article 3, Section 1, Paragraph 1, of the constitution, by providing for the publication of any proposed amendment to the constitution; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Etheridge of Houston-
House Bill No. 142. A bill abolishing the office of county treasurer of Houston county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. DeFoor of Mcintosh-
House Bill No. 152. A bill repealing an Act to license resident livestock dealers in Mcintosh county; and for other purposes.
Referred to Committee on Agriculture.
By Mr. Culpepper of Fayette-
House Bill No. 159. A bill to increase the pensions of Confederate veterans to $50.00 per month; and for other purposes.
Referred to Committee on Pensions.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 160. A bill providing how official organs shall be selected in certain counties; and for other purposes.
Referred to Committee on Public Printing.
By Mr. Thigpen of Glascock-

MONDAY, FEBRUARY 13, 1939

297

House Bill No. 171. A bill to require judges of trial courts to grant a supersedeas to all persons convicted or adjudged in contempt; and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Smith of Schley-
House Bill No. 236. A bill abolishing the office of county treasurer of Schley county; and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Smith of Schley-
House Bill No. 240. A bill to consolidate the office of tax receiver and tax collector in Schley county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Lovett and Evans of Laurens-
House Bill No. 254. A bill repealing an Act creating the city court of Dublin, by providing for the salary of the judge and solicitor of the city court; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Ferguson of CamdenHouse Bill No. 281. A bill reducing the bond of the clerk of the superior court
of Camden county; and for other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Wohlwender and Maxwell of MuscogeeHouse Bill No. 282. A bill to change the salaries of the judge and solicitor of
the city court .1 Columbus; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Gill of BryanHouse Bill No. 300. A bill to repeal an Act increasing the salary of the
treasurer of Bryan county; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Gowen of GlynnHouse Bill No. 314. A bill to amend the charter of the commissioners of roads
and revenues of Glynn county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Lovett of Laurens-

298

JOURNAL OF THE SENATE,

House Bill No. 320. A bill to amend an Act with reference to the board of commissioners of roads and revenues of Laurens county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 323. A bill to amend an Act creating a board of commissioners of roads and revenues of Fulton, so as to prescribe that the clerk of the board shall be elected for the term of six years; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 324. A bill to authorize Fulton county to establish an administrator, a sewage system, to levy assessments therefor; and for other purposes.
Referred to Committee on Drainage.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 326. A bill to create and establish for Fulton county a planning commission and board of zoning appeals; and for other purposes.
Referred to Committee on Internal Improvements.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 327. A bill authorizing the board of commissioners for Fulton county to establish rules and regulations governing payment of pensions to county employees; and for other purposes.
Referred to Committee on Pensions.
By Mr. Hinson of Jeff Davis-
House Bill No. 335. A bill amending the "Jeff Davis Tax Commissioner Act" by providing for the compensation for the tax commissioner of Jeff Davis county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bell of Grady-
House Bill No. 343. A bill to amend an Act to abolish the office of county treasurer of Grady county by striking certain sections and inserting in lieu thereof new sections; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hill of Screven-
House Bill No. 348. A bill to fix the compensation of the county treasurer of Screven county, Georgia; and for other purposes.

MONDAY, FEBRUARY 13, 1939

299

Referred to Committee on Counties and County Matters.
By Mr. Hardman of Madison-
House Bill No. 350. A bill providing that the ordinary of Madison county shall fill the vacancy of commissioner of roads and revenues; and for other purpose~.
Referred to Committee on Counties and County Matters.
By Mr. Kennedy of Tattnall-
House Bill No. 351. A bill to amend an Act entitled "An Act to create a new charter for the City of Glennville in the County of Tattnall"; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Bruce, Dallis and Morgan of Troup-
House Bill No. 355. A bill to amend Section 33 of an Act to create a new charter for the City of West Point, Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Johnson of ChattahoocheeHouse Bill No. 360. A bill to amend an Act entitled an Act to abolish the
offices of tax collector and tax receiver in and for the county of Chattahoochee; and for other purposes.
Referred to Committee on Counties a11d County Matters.
By Mr. Sapp of CoffeeHouse Bill No. 361. A bill to amend an Act entitled an Act to create a new
charter for the City of Douglas; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Jones of PauldingHouse Bill No. 362. A bill authorizing the ordinary of Paulding county to
create and establish restricted zones or districts; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bell of GradyHouse Bill No. 370. A bill to amend an Act by increasing the number of
commissioners to five in Grady county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. McGraw and Hatchett of MeriwetherHause Bill No. 378. A bill o establish a city court of Greenville; and for
other purposes.

300

JOURNAL OF THE SENATE,

Referred to Committee on Special Judiciary.
The following resolutions of the House were read the first time and referred to committees:
By Mr. Coogler of Clayton-
House Resolution No. 34-156 A. A resolution authorizing the state librarian to furnish certain law reports to the clerk of superior court of Clayton county; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Sabados and Allen of Dougherty-
House Resolution No. 36-160 A. A resolution adopting a creed for citizens of the state, to be known as the "Georgian'~ Creed"; and for other purposes.
Referred to Committee on Internal Improvements.
By Mr. Cobb of Oconee-
House Resolution No. 37-160 B. A r!'solution directing the state librarian to furnish certain lzw books to the ordinary and clerk of superior court of Oconee county; and for other purposes.
Referred to Committee on Public Library.
The following resolutions of the House were read and adopted:
By Mr. Harrison of CrawfordHouse Resolution No. 77. A resolution commending Governor Rivers and his
staff of assistants in the campaign to secure funds to fight infantile paralysis.
By Mr. Jones of Richmond and Mr. Lovett of Laurens-
House Resolution No. 111. A resolution requesting the Georgia delegation in Congress to restore cotton to its former economic status; and for other purposes.
By Mr. Gross of Stephens-
House Resolution No. 116. A resolution providing for a joint session of the House and Senate at 11 o'clock A. M., February 15th, to hear an address by Honorable Nathan Straus.
By Messrs. 1\rlorgan of Troup, Hill of Screven, Edwards of Lowndes, and others-
House Resolution No. 117. A resolution inviting Mr. Merrill Rukeyser to address the General Assembly at 11 o'clock A. M., February 24th, 1939.
The following resolutions of the House and Senate were read the third time and put upon their passage:
By Senator Moore of the 47th district-

MONDAY, FEBRUARY 13, 1939

301

Senate Resolution No. 30. A resolution relieving H. A. Peugh as surety on a bond.
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 33, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
Senator Moore, of the 47th district, asked unanimous consent that the resolution be immediately transmitted to the House, and the consent was granted.
By Mr. Grant of Habersham-
House Resolution No. 5. A resolution directing the state librarian to furnish certain volumes to the proper authorities of Habersham county.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 27, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
The following bills of the House and Senate were read the third time and put upon their passage:
By Senator Redman of the 26th districtSenate Bill No. 51. A bill to provide for holding four terms each year of the
superior court of Butts 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Durden of the lOth, Harrell of the 7th, and Spivey of the 16th districts-
Senate Bill No. 70. A bill amending an Act with reference to the creation of the housing authority of the state; and for other purposes.
Senator Durden of the lOth district offered the following amendment, which was adopted:
"By adding a new section to be numbered Section 2, reading as follows:
'Section 2. -Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.' "
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

302

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senators McCranie of the 48th and Dawson of the 2nd districts-
Senate Bill No. 78. A bill to repeal Section 23-2302 of the Code of 1933 entitled: "Parents and children of paupers bound to support them;" and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 3.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Key of Jasper and Gross of Stephens--
House Bill No. 32. A bill amending Paragraph D, of Section 114-413, of the Code of 1933, by striking the last sentence thereof relative to total compensation of dependents not exceeding $12.75 per week; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Connell and Edwards of Lowndes-
House Bill No. 107. A bill repealing an Act requmng candidates for the General Assembly in certain counties to name their incumbent opponents ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate, which was read the third time on February lOth, 1939, and postponed until this day, was taken up for consideration:
By Senators Durden of the lOth, Harrell of the 7th and' Spivey of the 16th districts-
Senate Bill No. 37. A bill authorizing city authorities in cities of more than 5,000 population to condemn houses unfit for human habitation; and for other purposes.

MONDAY, FEBRUARY 13, 1939

303

Senator Durden of the lOth district moved that the bill be tabled, and the motion prevailed.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Atkinson of Chatham-
House Bill No. 174. A bill to be entitled an Act to make Eastern Standard Time the official time for the State of Georgia; and for other purposes.
The following resolution was read and adopted:
By Senator Hass of the 11th district-
A resolution expressing the sympathy of the Senate to Messenger Wiley Galloway and hoping for him a speeding recovery from his illness.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Fortson of the 5th district-
Senate Bill No. 41. A bill amending an Act creating the department of public safety by striking the words and figures "one hundred and twenty (120)" and inserting in lieu thereof the words and figures "two hundred (200) ;" and for other purposes.
The committee offered a substitute, which was read.
Senator Cail of the 17th district offered an amendment, which was read.
Senator Millican of the 52nd district moved that the bill be re-committed to the Committee on Motor Vehicles, and the motion prevailed.
The following resolution was read and adopted:
By Senator Millican of the 52nd district-
Senate Resolution No, 37. A resolution accepting a portrait of the late Nathaniel
J. Hammond to hang in an appropriate place in the Capitol, to re-place an old
portrait.
Senator Durden of the lOth district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

304

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Tuesday, February 14th, 1939.
The Senate met pursuant to adjournment at 10 A. M., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of bills and resolution~.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk: thereof: Mr~ President:
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Senator Brown of the 4th district-
Senate Resolution No. 35. A resolution urging increased federal appropriation for forest fire control; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Millican of the 52nd district-
Senate Bill No. 119. A bill to amend an Act entitled "An Act authorizing

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305

counties, cities and towns to acquire, construct, reconstruct, improve and extend revenue producing undertakings; to maintain and operate the same"; and for other purposes.
Referred to Committee on State of Republic.
By Senators Estes of the 35th and Moore of the 47th districts-
Senate Bill No. 120. A bill to prohibit the state board of education from furnishing any free school books except through the 7th grade; and for other purposes.
Referred to Committee on Education and Public Schools.
By Senator Jordan of the 15th district-
Senate Bill No. 121. A bill to amend an Act creating the office of commissioner of roads and revenues of Wheeler county;- and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Estes of the 35th districtSenate Bill No. 122. A bill to amend Section 68-201 of the Code of Georgia of
1933 by striking the word "February" from the 3rd, 9th, 13th, and 43rd lines of said section and substituting in lieu thereof the word ';January'" so as to fix the time for registration of motor vehicles on or before January of each year; and for other purposes.
Referred to Committee on Motor Vehicles. By Senators Spivey of the 16th, Durden of the lOth and Harrell of the 7th
districtsSenate Bill No. 123. A bill to provide that ;<The Georgian Waltz" be adopted as the official Georgia waltz; and for other purposes.
Referred to Committee on State of Republic.
By Senator Brown of the 4th districtSenate Bill No. 124. A bill to prevent any city or county board of tax assessors
from increasing the assessed value of any property until the expiration of five years, except where improvements are made; and for other purposes.
Referred to Committee on Finance.
By Senator Estes of the 35th districtSenate Bill No. 125. A bill to amend Section 68-209 of the code of Georgia of
1933 providing for automobile license tags to be sold during the months of N ovember and December; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senators Millican of the 52nd, Abbot of the 18th and Sanders of the 36th districts-

306

JOURNAL OF THE SENATE,

Senate Bill No. 126. A bill to amend Section 30-102 (2945) "Grounds for Total Divorce" by adding additional ground; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Redman of 26th district-
Senate Bill No. 127. A bill to amend an Act creating a hoard of commissioners of roads and revenues for Butts county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Causey of the 46th district-
Senate Bill No. 128. A bill to amend an Act to abolish fee system in superior courts Waycross judicial circuit providing for monthly payment of solicitor of said court; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Smith of the 24th district-
Senate Bill No. 129. A bill to authori:r.e the City of Columbus to sell and convey any part or all the tract of land in said city known as "Motts Green"; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Smith of the 24th district-
Senate Bill No. 130. A bill relating to the erection and maintenance of a proposed mill structure over the east end of the 14th street bridge in the City of Columbus; and for other purposes.
Referred to Committee on Highways and Public Roads.
The following resolution of the Senate was introduced, read the first time and referred to the committee:
By Senator Cail of the 17th district-
Senate Resolution No. 38. A resolution requmng ordinaries of all counties to keep a record of all shipments of whiskey reported under existing laws; and for other purposes.
Referred to Committee on Temperance.
The following message was received from the House through Mr. Greer, the . clerk thereof:
Mr. President: The House has passed, by the requ1s1te constitutional majority, the following
bills and resolution of the House, to-wit:

TUESDAY, FEBRUARY 14, 1939

307

By Mr. Smith of Henry-
House Bill No. 53. A bill to be entitled an Act to amend Title 93, Chapter 93-2 of the code of Georgia, ( 1933) by striking section 93-205 which provides for the suspension of the public service commissioners by the Governor; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 172. A bill to be entitled an Act to amend code section 6-912 of the code of 1933 providing for the service of bill exceptions upon counsel; and for other purposes..
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 415. A bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Decatur, in DeKalb county; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 416. A bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Decatur, 111 DeKalb county; and for other purposes.
By Messrs. Lanham, Rogers and Davis of Floyd-
House Resolution No. 22-130A. A resolution to authorize the state tax commissioner to refund the tax paid through error by George E. Gary; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Smith of Henry-
House Bill No. 53. A bill amending the code in regard to the suspension of the public service commissioners by the Governor; and for other purposes.
Referred to Committee on Public Utilities.
By Mr. Thigpen of Glascock-
House Bill No. 172. A bill to amend code Section 6-912 of the code of 1933 providing for the service of bill of exceptions upon counsel, by providing that service of a bill of exceptions may be had by mailing copy to defendant; and for other purposes.
Referred to Committee on General Judiciary No. I.
By Mr. Atkinson of Chatham county-
House Bill No. 174. A bill to make Eastern Standard Time the official time for the State of Georgia; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on State of Republic.
By Messrs. Grayson, Atkinson and MeN all of Chatham-
House Bill No. 345. A bill to amend the charter of the City of Savannah and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Candler, Sams and Turner of DeKalh--
House Bill No. 415. A bill to amend an Act creating and establishing a new charter for the Town of Decatur, now the City of Decatur; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 416. A bill to amend the charter of the City of Decatur so as to extend the city limits at the intersection of McKoy street and Pharr road; and for other purposes.
Referred to Committee on Municipal Government.
The following resolution of the House read the first time was referred to committee: By Messrs. Lanham, Rogers and Davis of Floyd-
House Resolution No. 22-130 A. A resolution to authorize the state tax commissioner to refund capital stocks paid through error; and for other purposes.
Referred to Committee on Finance.
Mr. Dunn of the 22nd district, chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President:
Your Committee on Uniform Laws have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Bill 104. Do pass.
Respectfully submitted,
Dunn of 22nd district, chairman.
Mr. Howe of the 38th 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

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309

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. 121. Do pass.
House Bill No. 307. Do pass.
Respectfully submitted,
Howe of 38th district, chairman.
Mr. Manning of the 39th 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. 351. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.
Mr. Holt of the 3rd 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 ot the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 28. Do not pass.
Senate Bill No. 91. Do pass.
Senate Bill No. 93. Do pass.
Respectfully submitted,
Holt of 3rd district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills 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. 100. Do pass.

310

JOURNAL OF THE SENATE,

Senate Bill No. 63. Do not pass.
Senate Bill No. 97. Do pass.
House Bill No. 128. Do pass, as amended.
Respectfully submitted,
Abbot of 18th district, chairman.
Mr. Bridges of the 9th district, chairman of the Committee on Internal Improvements, submitted the following report:
Mr. President:
Your Committee on Internal Improvements 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. 326. Do pass.
House Resolution No. 36-160 A. Do pass.
Respectfully submitted,
Bridges of 9th district, chairman.
The following bills of the Senate, favorably reported by committees, were read the second time :
By Senators Dorminy of the 45th, Holt of the 3rd and Williams of the 21st districts, and others-
Senate Bill No. 91. A bill to amend an Act entitled "An Act to rev1se the health laws of the State of Georgia"; and for other purposes.
By Senators Holt of the 3rd district, and others-
Senate Bill No. 93. A bill to amend Chapters 88-11 and 88-12 of the Code of Georgia so as to secure complete and uniform registration of records of births and deaths in this state; and for other purposes.
By Senators Brannen of the 49th, Durden of the lOth, Causey of the 46th and Moate of the 20th districts-
Senate Bill No. 97. A bill to amend Article 3, Section' 4, Paragraph 3, of the constitution, so as to provide for annual session of the General Assembly; and for other purposes.
By Senator Dorminy of the 45th district-
Senate Bill No. 100. A bill 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 Ocilla, Georgia, to incur a bonded indebtedness in addition to that heretofore authorized by the constitution; and for other purposes.

TUESDAY, FEBRUARY 14, 1939

311

By Senators Durden of the lOth and Harrell of the 7th districts-
Senate Bill No. 104. A bill to amend an Act providing for the registration of trade names, partnership names, etc., so as to provide that the registration of such trade names shaH be advertised in the county in which such trade names are registered ; and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 121. A bill providing for divesting of tax liens against property provided for year's support of widows; and for other purposes.
By Mr. Strickland of Pierce-
House Bill No. 128. A bill to amend a section of the constitution so as to provide that the City of Blackshear may issue refunding bonds; and for other purposes.
By Messrs. K~ndrick and Etheridge, and Mrs. Mankin of Fulton-
House Bill No. 307. A bill creating an additional judge for the criminal court
of Atlanta; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 326. A bill to create and establish for Fulton county a planning commission and board of zoning appeals; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 351. A bill to amend an Act entitled An Act to create a new charter for the City of Glennville in the County of Tattnall; and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:
By Messrs. Sabados and Allen of Dougherty-
House Resolution No. 36-160 A. A resolution adopting a creed for citizens of the state, to be known as the "Georgian's Creed"; and for other purposes.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senators Smith of the 24th, Williamson of the 13th, Cochran of the 23rd and Sanders of the 36th districts-
Senate Bill No. 39. A bill to authorize the commissioner of agriculture to set up and establish standard grades of fertilizers; and for other purposes.

312

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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Greene of Jones-
House Bill No. 50. A bill to provide for the admissibility as prima facie evi-
dence in all courts of Georgia of inspection certificates issued by United States department of agriculture; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lovett and Evans of Laurens, Jackson of Twiggs and Claxton of Johnson-
House Bill No. 73. A bill to repeal an Act increasing the salary of the solicitor-general 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Brown of the 4th district-
Senate Bill No. 75. A bill to authorize the incorporation of co-operative msurance exchanges to insure against loss of use and occupancy of manufacturing plants during depressions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator McGinty of the 43rd district--
Senate Bill No. 69. A bill requiring the plaintiff to give notice within five days to any periodical with reference to suits of libel; and for other purposes.
The report of the committee. which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 1.

TUESDAY, FEBRUARY 14, 1939

313

The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
By Senator McCranie of the 48th district, and others-
Senate Resolution No. 39. A resolution memoralizing Congress to restore prosperity to the farmers; and for other purposes.
The following bill of the House was withdrawn from the committee, read the second time and re-committed:
By Mr. Strickland of Pierce-
House Bill No. 138. A bill authorizing the City of Blackshear to refund its present or future bonded indebtedness that may be or become unpaid; and for other purposes.
By unanimous consent Senate Bill No. 69 was ordered immediately transmitted to the House.
Senator Hass of the 11th district moved that Senate Bill No. SO, which was adversely reported by the committee, be placed on the calendar tor the purpose of disagreeing to the committee's report.
The motion prevailed.
Senator Holt of the 3rd district moved that Senate Bill No. 28, which was adversely reported by the committee, be placed on the calendar for the purpose of disagreeing to the committee's report.
The motion prevailed.
Senator Williamson of the 13th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate stood adjourned until tomorrow morning, February 15th, at 10 o'clock.

314

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Wednesday, February 15th, 1939.
The Senate met pursuant to adjournment at 10 A. l\rl., and was called to order by the President.
Prayer was offered by the Chaplain. Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct. By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of house bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time and referred to committees:
By Senator Howe of the 38th district-
Senate Bill No. 131. A bill to amend Section 9-401 of the Code of Georgia of 1933, defining the practice of law; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Millican of the 52nd district-
Senate Bill No. 132. A bill amending an Act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government. By Senator Dorminy of the 45th district-
Senate Bill No. 133. A bill relative to the manner of selecting members of the county board of education in certain designated counties: and for other purposes.

WEDNESDAY, FEBRUARY 15, 1939

315

Referred to Committee on Education and Public Schools.
By Senators Harrell of the 7th, Brooks of the 8th and Fortson of the 50th districts-
Senate Bill No. 134. A bill to amend an Act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors"; and for other purposes.
Referred to Committee on Temperance.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
By Mr. Evans of McDuffie-
Hause Bill No. 10. A bill to be entitled an Act to regulate the practice in courts of record of this state which are authorized to grant new trials; and for other purposes.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 45. A bill to be entitled an Act to amend Section 53-208 of the Code of 1933 ; and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 162. A bill to be entitled an Act to amend an Act approved March 12, 1937, Georgia Laws, 1937, Page 861; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 175. A bill to be entitled an Act proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution to authorize the trustees of Kite school district in Johnson county to incur a bonded indebtedness; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 179. A bill to be entitled an Act proposing to the qualified
voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, oi the consti-
tution; and for other purposes.
By Mr. Evans of McDuffieHause Resolution No. 43-164 A. A resolution to reimburse surety B. H.
Anderson by the proper official of McDuffie; and for other purposes.
The following bills of the House were read the first time and referred to committees:

316

JOURNAL OF THE SENATE,

By Mr. Evans of McDuffie-
Hause Bill No. 10. A bill to regulate the practice in courts of record of this state which are authorized to grant new trials, to require the presiding judge of any such court to state his reasons for granting any new trial; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Bill No. 45. A bill to amend Section 53-208 of the Code of 1933 permitting bringing of suit by father or mother; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Whipple of Bleckley-
House Bill No. 162. A bill amending an Act regulating the effect of conveyances and encumbrances of property of a deceased person; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Claxton of Johnson-
House Bill No. 175. A bill proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution to authorize the trustees of Kite school district in Johnson county to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Bell of GradyHouse Bill No. 179. A bill proposing an amendment to Article 7, Section 7,
Paragraph 1, of the constitution, so as to authorize political subdivisions of this state to issue refunding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
The following resolution of the House was read the first time and referred to committee:
By Mr. Evans of McDuffieHause Resolution No. 43-164 A. A resolution to reimburse surety B. H.
Anderson by the proper official of McDuffie county; and for other purposes.
Referred to Committee on Special Judiciary.
Mr. Causey of the 46th district, chairman of the Committee on Public Welfare, submitted the following report:
Mr. President: Your Committee on Public Welfare have had under consideration the follow-
ing bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:

WEDNESDAY, FEBRUARY 15, 1939

317

Senate Bill No. 73. Do pass, as amended.
Senate Bill No. 9. Do pass, by substitute.
Respectfully submitted.
Causey of 46th district, chairman.
Mr. Williams of the 21st district, chairman on 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 36. Do pass, as amended.
House Resolution No. 34-156 A. Do pass, as amended.
House Resolution No. 37-160 B. Do pass, as amended. Respectfully submitted, Williams of 21st district, chairman.
Mr. Mavity of the 44th district, chairman of the Committee on Public Utilities, submitted the following report: Mr. President:
Your Committee on Public Utilities 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. 98. Do pass, by substitute. House Bill No. 53. Do pass.
Respectfully submitted. Mavity of 44th district, chairman.
Mr. Durden of the lOth 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. 67. Do pass. Senate Bill No. 119. Do pass.
Respectfully submitted, Durden of lOth district, chairman.

318

JOURNAL OF THE SENATE,

Mr. Groover of the 37th district, chairman of the Committee on Penitentiary, submitted the following report:
Mr. President:
Your Committee on Penitentiary 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. 109. Do pass, as amended.
Respectfully submitted,
Groover of 37th district, chairman.

Mr. Redm:m of the 26th 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 102. Do pass.
Senate Bill No. 103. Do pass.
Respectfully submitted.
Redman of 26th district, chairman.

Mr. Lindsay of the 34th district, chairman of the Committee on General J udiciary 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. 172. Do not pass.
Respectfully submitted,
Lindsay of 34th district, chairman.

Mr. Hass of the 11th district, chairman of the Committee on Public Printing, submitted the following report:
Mr. President: Your Committee on Public Printing have had under consideration the f<>llowing

WEDNESDAY, FEBRUARY 15, 1939

319

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. 160. Do pass.
Respectfully submitted,
Hass of 11th district, chairman.
Mr. Brown of the 4th district, chairman of the Committee on Public Property, submitted the following report:
Mr. President: Your Committee on Public Property have had under consideration the follow-
ing 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. 77. Do pass.
Respectfully submitted,
Brown of 4th district, chairman.
Dr. Daves of the 14th district, chairman of the Committee, on Pensions, submitted the following report:
Mr. President: Your Committee on Pensions have had under consideration the following bill
of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 327. Do pass.
Respectfully submitted,
Daves of 14th district, chairman.
Mr. Millican of the 52nd district, chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President:
Your Committee on Counties and County l\tlatters 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. 279. Do pass. House Bill No. 370. Do pass, as amended. House Bill No. 362. Do pass.
House Bill No. 323. Do pass. House Bill No. 335. Do pass.

320

JOURNAL OF THE SENATE,

House Bill No. 109. Do pass. House Bill No. 343. Do pass. House Bill No. 314. Do pass. House Bill No. 360. Do pass. House Bill No. 142. Do pass. House Bill No. 240. Do pass. House Bill No. 236. Do pass. House Bill No. 281. Do pass. House Bill No. 320. Do pass, as amended. House Bill No. 251. Do pais. House Bill No. 350. Do pass. Senate Bill No. 79. Do pass. Senate Bill No. 94. Do pass. Senate Bill No. 110. Do pass. Senate Bill No. 111. Do pass. Senate Bill No. 121. Do pass. Senate Bill No. 127. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time :
By Senator Brinson of the 42nd districtSenate Bill No. 9. A bill to promote the public welfare by providing for public
pensions for aged farmers and to prescribe definitions for terms used therein; and for other purposes. By Senator McCranie of the 48th district-
Senate Bill No. 73. A bill to provide for uniformity in the payment of pensions; and for other purposes. By Senators Smith of the 24th, Millican of the 52nd and Lindsay of the 34th dis-
trictsSenate Bill No. 77. A bill amending Section 84-1404 of the Code of Georgia

WEDNESDAY, FEBRUARY 15, 1939

321

relating to the creation of the Georgia real estate commission; appointments; qualifications; terms of office; vacancies; meetings; quorum; and for other purposes.
By Senator Moate of the 20th district-
Senate Bill No. 79. A bill fixing the amount of the bond of the sheriff of Hancock county; and for other purposes.
By Senator Williams of the 31st district-
Senate Bill No. 94. A bill to reduce the bond of the sheriff of Habersham county; and for other purposes.
By Senator Abbot of the 18th district-
Senate Bill No. 98. A bill to amend the electric corporation membership Act to give right of eminent domain; and for other purposes.
By Senator Brooks of the 8th district-
Senate Bill No. 102. A bill amending Section 92 A-401 of the Code of 1933, by striking the figure "16" in the second lines of sub-sections 1 and 2 of said section, and substituting in lieu thereof the figure "14"; and for other purposes.
By Senator Brooks of the 8th district-
Senate Bill No. 103. A bill to amend Section 68-307 of the Code of 1933 by striking the figure "16" from the third line thereof and inserting in lieu thereof the figure "14"; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 109. A bill amending Section 201, Chapter 77, Title 77, Georgia Code of 1933, providing that any county may establish and maintain farms, quarters or other places of confinement for misdemeanor convicts; and for other purposes.
By Senator Cloud of the 19th district-
Senate Bill No. 110. A bill abolishing the offices of tax collector and tax receiver of Taliaferro county and creating in lieu thereof the office of tax commissioner; and for other purposes.
By Senator Cloud of the 19th district-
Senate Bill No. 111. A bill to increase the term of office of board of county commissioners of Taliaferro county; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 119. A bill to amend an Act entitled "An Act authorizing counties, cities and towns to acquire; construct; reconstruct; improve and extend revenue producing undertakings; to maintain and operate the same; and for other purposes.
By Senator Jordan of the 15th district-

322

JOURNAL OF THE SENATE,

Senate Bill No. 121. A bill to amend an Act creating the office of commissioner of roads and revenues of Wheeler county; and for other purposes.
By Senator Redman of the 26th district-
Senate Bill No. 127. A bill to amend an Act creating a board of commissioners of roads and revenues for Butts county; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:
By Senator Howe of the 38th district-
Senate Resolution No. 36. A resolution authorizing the state librarian to furnish certain volumes to Haralson county; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Smith of Henry-
House Bill No. 53. A bill amending the Code in regard to the suspension of the public service commissioners by the Governor; and for other purposes.
By Messrs. Atkinson, Grayson, MeNall of Chatham, and others-
House Bill No. 67. A bill creating the Georgia Intracoastal \Vaterway Commission, and defining its powers and duties; and for other purposes.
By Mr. Gowen of Glynn-
House Bill No. 109. A bill officially naming a system of co-ordinates for designating the positions of points on the surface of the earth within Glynn county; and for other purposes.
By Mr. Etheridge of Houston-
House Bill No. 142. A bill abolishing the office of county treasurer of Houston county; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 160. A bill providing how official organs shall be selected in certain counties; and for other purposes.
By Mr. Smith of Schley-
House Bill No. 236. A bill abolishing the office of county treasurer of Schley county; and for other purposes.
By Mr. Smith of Schley-
House Bill No. 240. A bill to consolidate the office of tax receiver and tax collector in Schley county; and for other purposes.

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By Mr. Whipple of Bleckley-
House Bill No. 251. A bill amending an Act abolishing the treasury and providing for a depository of Bleckley county by providing for deposits of securities in lieu of giving bond; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 279. A bill reducing the official bond of the sheriff of Glascock county from $5,000.00 to $3,000.00; and for other purposes.
By Mr. Ferguson of Camden-
House Bill No. 281. A bill reducing the bond of the clerk of the superior court of Camden county; and for other purposes.
By Mr. Gowen of Glynn-
House Bill No. 314. A bill to amend the charter of the commissioners of roads and revenue of Glynn county; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 320. A bill to amend an Act with reference to the board of commissioners of roads and revenues of Laurens county; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 323. A bill to amend an Act creating a board of commissioners of roads and revenues of Fulton, so as to prescribe that the clerk of the board shall be elected for ~he term of six years; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 327. A bill authorizing the board of commissioners for Fulton county to establish rules and regulations governing payment of pensions to county employees; and for other purposes.
By Mr. Hinson of Jeff DavisHouse Bill No. 335. A bill amending the "Jeff Davis Tax Commissioner Act'.
by providing for the compensation for the tax commissioner of Jeff Davis county; and for other purposes.
By Mr. Bell of GradyHouse Bill No. 343. A bill to amend an Act to establish the office of county
treasurer of Grady county by striking certain sections and inserting in lieu thereof new sections; and for other purposes.
By Mr. Hardman of MadisonHouse Bill No. 350. A bill providing that the ordinary of Madison county
shall fill the vacancy of commissioner of roads and revenues; and for other purposes.

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By Mr. Johnson of Chattahoochee-
House Bill No. 360. A bill to amend an Act entitled an Act to abolish the offices of tax collector and tax receiver in and for the county of Chattahoochee; and for other purposes.
By Mr. Jones of Paulding-
House Bill No. 362. A bill authorizing the ordinary of Paulding county to create and establish restricted zones or districts; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 370. A bill to amend an Act by increasing the number of commissioners to five in Grady county; and for other purposes.
The following resolutions.of the House, favorably reported by committees, were read the second time:
By Mr. Coogler of Clayton-
House Resolution No. 34-156 A. A resolution authorizing the state librarian to furnish certain law reports to the clerk of superior court of Clayton county; and for other purposes.
By Mr. Cobb of OconeeHouse Resolution No. 37-160 B. A resolution directing the state librarian to
furnish certain law books to the ordinary and clerk of superior court of Oconee county; and for other purposes.
The following resolution of the Senate was read and adopted:
By Senators Howe of the 38th, Groover of the 37th and Lindsay of the 34th districts-
Senate Resolution No. 41. Whereas, the Senate Special Committee to investigate the penal administration, will of necessity he forced to employ a reporter to take down and transcribe the evidence produced to said committee, and other incidental expenses will necessarily he incurred, therefore:
Be it resolved, that the expenses of said committee be authorized paid out of the legislative fund in the treasury, upon the approval of the chairman of said special committee.
Senator H ass of the 11th district moved that the Senate disagree to the report of committee on Senate Bill No. SO, which was unfavorable to the passage of the bill. The motion was lost. The report of the committee was agreed to.
Senator Durden of the lOth district moved that when the joint session of the General Assembly be dissolved that the Senate stand adjourned until 10 o'clock tomorrow morning. The motion prevailed.
As provided for under House Resolutions No. 101 and No. 116, which had been

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325

previously adopted, the President, accompanied by the Secretary and the members of the Senate, repaired to the hall of the House for the joint session of the General Assembly.
The President called the joint session of the General Assembly to order and presented His Excellency, the Governor, who introduced to the General Assembly Ron. Nathan Straus of New York, administrator of the Federal Housing Authority, and Mr. Straus addressed the General Assembly.
The Governor introduced Hon. Oscar Johnston of Scott, Mississippi, president of the National Cotton Council, who addressed the General Assembly.
Mr. Gross of Stephens moved that the joint session of the General Assembly do now dissolve. The motion prevailed.
Under the motion of Senator Durden of the lOth district, which provided that the Senate stand adjourned until 10 o'clock tomorrow morning at the end of the joint session, the motion having previously been adopted, the Senate stoo~ adjourned.

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Senate Chamber, Atlanta, Georgia,
Thursday, February 16th, 1939.
The Senate met pursuant to adjournment and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Harris, Lanier and Jones of Richmond, Kendrick of Fulton and McNall of Chatham-
House Bill No. 49. A bill to be entitled an Act to amend an Act known as "Unemployment Compensation Law"; and for other purposes.
By Messrs. Beck and Reid of Carroll-
House Bill No. 291. A bill to be entitled an Act to amend Acts and amendatory Acts concerning the consolidation of the tax receiver and tax collector in Carroll county; and for other purposes.

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327

By Mr. Evans of McDuffie-
House Bill No. 444. A bill to be entitled an Act to amend the charter of the town of Thomas, so as to prohibit the collection of street tax ; and for other purposes.
By Mr. Dean of Rockdale-
House Bill No. 451. A bill to be entitled an Act to describe the powers of the clerk of the City of Conyers; and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 454. A bill to be entitled an Act to amend the charter of the City of Thomas sc as to prohibit the collection of street tax; and for other purposes.
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill to be entitled an Act to change the name of the town of Canton to the City of Canton; and for other purposes.
By Mr. Grice of Bibb-
House Bill No. 181. A bill to be entitled an Act to increase the membership of the milk control board to seven members, and provide notice of any change in price of milk; and for other purposes.
The following bills of the Senate were introduced, read the first time, and referred to committees:
By Senator Brown of the 4th district-
Senate Bill No. 135. A bill to amend Title 92 ("Public Revenue"), Division 1 ("Sources of Revenue"), Part IX, ("Income Taxes") of the Code of 1933, as amended by Acts approved March 26, 1935, March 30, 1937, December 29, 1937, by amending subsection (3) of subsection (i) of Section 92-3002 of said Code, defining resident; and for other purposes.
Referred to Committee on Finance.
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 136. A bill proposing an amendment to the constitution of the State of Georgia allowing "The Coastal Highway District" to issue bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senators Harrell of the 7th and Brinson of the 42nd districts-
Senate Bill No. 137. A bill prohibiting the clerks of court, ordinaries, their deputies and agents, justices of the peace, or other county officials, from drawing or preparing any deed, mortgage, lien, conveyance or will, whether with or without charge ; and for other purposes.

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Referred to Committee on Uniform Laws.
By Senators Brown of the 4thj Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 138. A bill to prescribe the rights, duties and responsibilities of "The Coastal Highway District" in connection with the issuance of additional bonds; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator Durden of the lOth district-
Senate Bill No. 139. A bill to amend Title 84 (Professions, Businesses and Trades), Chapter 84-12 (Osteopaths), which provides for examination for applicants for license to practice osteopathy; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Jordan of the 15th district-
Senate Bill No. 140. A bill amending Article 7, Section 2, Paragraph 2-A, of the constitution of Georgia as embodied in Code Section 2-5003 of the Code of Georgia of 1933, exempting industries engaged in the manufacture or processing of livestock, farm products, from taxation for a period of five years; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Millican of the 52nd district-
Senate Bill No. 141. A bill prohibiting the use of vehicles for the aid, promotion or furtherance of lotteries, gaming, gambling, games of chance, gambling devices and providing for the seizure, condemnation and sale of such vehicles; and for other purposes.
Referred to Committee on State of Republic.
By Senators Sanders of the 36th and Millican of the 52nd districts-
Senate Bill No. 142. A bill to be entitled "An Act declaring the promulgation and adoption of rules of practice and procedure for the trial courts of Georgia to be judicial functions; and for other purposes.
Referred to Committee on Special Judiciary.
The following resolution of the Senate was read the first time and referred to committee:
By Senator Thrasher of the 27th district-
Senate Resolution No. 42. "Resolved, that Senate Rule No. 38, line 4, second sentence, which reads as follows: 'Where the report of a committee is adverse to the passage of a bill, etc., on second reading thereof, the question shall be on agree-

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ing to the report of the committee' be amended so it shall read as follows: 'where the report of a committee is adverse to the passage of a bill, in order to have a second reading thereof, any Senator may at the time of report give notice of a motion at the proper time to disagree to the committee report, then the question shall be on agreeing to the report of the committee.' "
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
By Messrs. Lanier, Harris and Jones of Richmond and Kendrick of Fulton and MeNall of Chatham-
House Bill No. 49. A bill to amend an Act known as the "Unemployment Compensation Law" relative to the operation of the Railroad Unemployment Insurance Act; and for other purposes.
Referred to Committee on Industrial Relations.
By Mr. Grice of Bibb-
House Bill No. 181. A bill to increase the membership of the milk control board to seven members, provide notice of any change in price of milk; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Beck and Reid of Carroll-
House Bill No. 291. A bill to amend an Act to consolidate the office of tax receiver and tax collector of Carroll county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Evans of McDuffie-
Hause Bill No. 444. A bill to amend the charter of the town of Thomson, so as to prohibit the collection of street tax, or any other tax in lieu thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill to amend an Act creating a new charter for the town of Canton so as to change the name from Canton to City of Canton ; to provide for occupation and business taxes in said municipality; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Dean of Rockdale-
House Bill No. 451. A bill to amend the several Acts heretofore passed, relat-

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JOURNAL OF THE SENATE,

ing to the City of Conyers, in the county of Rockdale, so as to enlarge, increase and define the powers and duties of the clerk of said city; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Evans of McDuffieHause Bill No. 454. A bill to be entitled an Act to amend the charter of the
City of Thomson, to provide for an election to determine whether street tax shall be collected or abolished; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Harrell of the 7th 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. 8. Do pass.
Respectfully submitted,
Harrell of 7th district, chairman.
Mr. Howe of the 38th 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 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. 122. Do pass.
House Bill No. 135. Do pass.
Respectfully submitted,
Howe of 38th district, chairman.
Mr. Manning of the 39th 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. 345. Do pass, as amended. Senate Bill No. 99. Do pass, by substitute.

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331

House Bill No. 355. Do pass.
Senate Bill No. 129. Do pass. Senate Bill No. 118. Do pass. Senate Bill No. 112. Do pass. House Bill No. 361. Do pass. House Bill No. 260. Do pass.
Respectfully submitted, Manning of 39th district, chairman.
Mr. 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. 19. Do pass, by committee substitute. Respectfully submitted,
Lindsay of 34th district, chairman. Mr. Millican of the 52nd 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 considera-
tion 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. 300. Do not pass. Respectfully submitted,
Millican of 52nd district, 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. 19. A bill providing that no municipality shall have jurisdiction over any property owned, leased or rented by the state for the purpose of levying taxes on any business carried on on said property; and for other purposes. By Senator Abbot of the 18th district-

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JOURNAL OF THE SENATE,

Senate Bill No. 99. A bill to create a board of trustees of the University hospital at Augusta; and for other purposes.
By Senator Manning of the 39th district-
Senate Bill No. 112. A bill amending an Act creating a new charter and municipal government for the City of Canton; and for other purposes.
By Senators Williamson of the 13th and Cochran of the 23rd districts-
Senate Bill No. 118. A bill repealing an Act creating the town of Mauk with reference to laying out of streets, sidewalks; and for other purposes.
By Senator Smith of the 24th district-
Senate Bill No. 129. A bill to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as ":Motts Green"; and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time :
By Mrs. Mankin of Fulton-
House Bill No. 8. A bill amending the General Tax Act by exempting stores which do not install or repair electrical wiring or equipment from paying the "electrical contractors" license; and for other purposes.
By Messrs. Atkinson of Chatham and Gowen of Glynn-
House Bill No. 122. A bill to be entitled an Act to amend an Act approved August 17, 1908, providing a method of taking depositions in territories or insular possessions subject to the dominion of the United States; and for other purposes.
By Messrs. Edwards and Connell of Lowndes-
House Bill No. 135. A bill limiting the time for intervening m any case in equity where assets are being administered; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 260. A bill revising the several Acts which incorporated the City of Wrightsville; and for other purposes.
By Messrs. Grayson, Atkinson and MeNall of Chatham-
House Bill No. 345. A bill to amend the charter of the City of Savannah and the several Acts amendatory thereof; and for other purposes.
By Messrs. Bruce, Dallis and Morgan of Troup--
House Bill No. 355. A bill to amend Section 33 of an Act to create a new charter for the City of West Point, Georgia; and for other purposes.
By Mr. Sapp of Coffee-

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333

House Bill No. 361. A bill to amend an Act entitled an Act to create a new charter for the City of Douglas; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Boyd of Greene--
House Bill No. 2. A bill to amend Section 34-1302 of the Civil Code providing how and when elections shall be held by fixing the hours polls are to be open 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bennett and Williams of Ware--
House Bill No. 35. A bill to amend an Act entitled "Homestead Exemptions from Taxes" to further define the term "homestead"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,_ was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gowen of Glynn-
House Bill No. 109. A bill to describe, define and officially name a system of co-ordinates for designating positions of points of the earth in Glynn county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ferguson of Camden-
House Bill No. 281. A bill to reduce the bond of the clerk of the superior court of Camden county to $1,000; 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 307. A bill to amend an Act establishing the criminal court of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gowen of Glynn-
House Bill No. 314. A bill to amend the charter of the commissioners of roads and revenues of Glynn county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Mr. Kennedy of Tattnall-
House Bill No. 351. A bill to amend an Act to create a new charter for the City of Glennville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 326. A bill to create and establish for Fulton county a planning commission and board of zoning 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Senator Moate of the 20th district-
Senate Bill No. 79. A bill fixing the amount of the bond of the sheriff of Hancock county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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335

On the passage of the bill, the ayes were 35 nays 0. The bill, having received the requisite constitutional majority, was passed. By unanimous consent, House Bill No. 35 was ordered immediately transmitted to the House. By Senator Williams of the 31st districtSenate Bill No. 94. A bill to reduce the bond of the sheriff of Habersham c-ounty; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Senator Cloud of the 19th districtSenate Bill No. 110. A bill abolishing the office of tax collector and tax receiver of Taliaferro 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, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Senator Cloud of the 19th district-
Senate Bill No. 111. A bill to increase the term of office of the board of county commissioners of Taliaferro 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, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Senator Jordan of the 15th districtSenate Bill No. 121. A bill to amend an Act creating the office of commissioner
of roads and revenues of Wheeler 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, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Senator Redman of the 26th district-

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JOURNAL OF THE SENATE,

Senate Bill No. 127. A bill to amend an Act creating the board of commissioners of roads and revenues for Butts 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Durden of the lOth district moved that the Senate go into executive session for the purpose of receiving a sealed communication from the Governor, and the motion prevailed.
The executive session having dissolved, the Senate resumed consideration of its regular business.
The following resolution of the Senate was introduced, read the first time, and referred to the Committee on Rules:
By Senator Thrasher of the 27th district-
Senate Resolution No. 42.
To amend Rule 38 as follows:
Line 4, second sentence of Rule 38, which reads as follows:
"Where the report of a committee is adverse to the passage of a bill, etc., on second reading thereof, the question shall be on agreeing to the report of the committee."
Shall read as follows :
"Where the report of a committee is adverse to the passage of a bill, in order to have a second reading thereof, any Senator may at the time of report give notice of a motion at the proper time to disagree to committee report, then the question shall be on agreeing to report of committee."
Senator Lindsay of the 34th district asked unanimous consent that the members of the special committee named to investigate the penal board, be granted leaves of absence until Monday morning. The consent was granted.
The following privilege resolution was read and adopted:
By Senator McGinty of the 43rd district-
A resolution extending the privileges of the floor to Hon. 0. R. Hardin, mayor
of Dalton.
The President presented Dr. S. V. Sanford, chancellor of the University System of Georgia, who presented and explained certain agricultural and industrial exhibits which were discoveries of the science departments of the University System.

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337

The following bills and resolutions of the House and Senate were read the third time and put upon their passage:

By Senator McCranie of the 48th district-

. Senate Bill No. 73. A bill to provide for uniformity in the payment of old age

pensions; and for other purposes.

.

Senator Thrasher of the 27th district moved that the bill be recommitted to the Committee on Public Welfare, and the motion prevailed.

By Senator Millican of the 52nd district-
Senate Bill No. 58. A bill amending an Act providing for exempting homesteads from certain taxation; and for other purposes.
The committee offered the following amendment:
The committee moves to amend Senate Bill No. 58, Section L line 10, by inserting after the words "is made" the following: "prior to March 15th f'ach year" and to further amend Section 7, page 1, line 3, by inserting after the word~ "is made'' the following: "prior to March 15th each year."
Senator Millican of the 52nd district moved to amend the committte amendment to Senate Bill No. 58 by striking the words and figures "March 15th" wherever they appear and insert in lieu thereof "April 1st."
The amendment to the committee amendment was adopted.
The committee amendment was adopted as amended.

Senator Lindsay of the 34th district moved to amend Senate Bill No. 58 as follows: By adding at the end of Section 2 the following words: "Provided, however, not more than one exemption shall be allowed on the same property."
The amendmtnt 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, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Dorminy of the 45th district-

Senate Bill No. 100.

A BILL

To be entitled an Act To propose to the qualified voters of Georgia an amendment to Artice 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Ocilla, Georgia, incur a bonded indebtedness in addition

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to that heretofore authorized by the Constitution and Laws of Georgia, for the purpose of refunding and retiring its existing bonded indebtedness due up to and including January 1, 1939, and shall become due up to and including January l, 1943; 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, 1943; 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 the State 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 Ocilla, Georgia, may issue refunding bonds not in excess of the aggregate sum of $28,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City of Ocilla outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said c1ty outstanding and which becomes due up to and including January 1, 1943, and provide for the assessment and collection of a tax, annually, sufficient in amount to pay the principal and interest of said bonds as they shall become due; the proceeds of all such refunding bonds so issued by the City of Ocilla, Georgia, to be used exclusively for the purpose of paying off and retiring said bonded indebtedness that is now or may become due and unpaid as of January 1, 1943. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ocilla, Georgia, and shall be validated."
SECTION 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 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 Ocilla 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 City of Ocilla to issue refunding bonds", and if a majority of the electors qualified to vott: for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results have been consolidated as now provided and required by law in election

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339

for members of the General Assembly, the saia amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law.
SECTION 3.
All laws and 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.
The bill, involving an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Causey Chastain Cochran Cloud Daves Dorminy Durden

Estes Fortson Groo~er Harrell Hass Holt Howe Ingram Jordan Lindsay Manning Mavity McCranie
McGinty

Millican Moate Moore New Padgett Redman Sears Thomason Thrasher Warnell Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 41, nays 0.

Not voting: Senators Cail, Dawson, Dunn, Kelly, Nix, Palmour, Sanders, Smith of the 12th, Smith of the 24th, Twiggs.
By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Smith of Henry-
House Bill No. 53. A bill to amend Title 93, Chapter 93-2, of the Code of 1933, relative to suspension of members of the public service commission; and for other purposes.
Senator Mavity of the 44th district moved to amend House Bill No. 53 by striking all of the caption beginning with the words "and enacting in lieu thereof"

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and ending with the words "the action of the General Assembly thereon." And to further amend by striking all of Section 1 following the words "be and the same is hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Bennett of Ware-
House Bill No. 34. A bill repealing an Act providing for assurance, registration and transfer of land titles and interest therein; and for other purposes.
The committee moved to amend House Bill No. 34 by adding before repealing clause the following: "This Act shall not apply to any suit pending in any of the courts of this state. "
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Strickland of Pierce-
House Bill No. 128. A bill amending Article 7, Section 7, Paragraph 1, of the constitution with reference to the bonded indebtedness of the City of Blackshear; and for other purposes.
Senator Causey of the 46th district offered the following amendment:
By adding a new section to be designated as Section 3 and to read as follows: "Section 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 amendment was adopted.
The report of the committee which was favorable to the passage of the bill, as amended, was agreed to.
The bill proposing a constitutional amendment necessitated a call of the roll and the vote was as follows :

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341

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Brown Causey Chastain Cochran Cloud Daves Dorminy Dunn

Durden Estes Fortson Groover Hass Holt Jordan Lindsay Manning Mavity McCranie McGinty Millican

Moate Moore Padgett Redman Sears Smith, 12th Smith, 24th
' 110mason Thrasher Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 38, nays 0.

Not voting: Senators Boykin, Cail, Dawson, Harrell, Howe, Ingram, Kelley, New, Nix, Palmour, Sanders, Twiggs and Warnell.

By unanimous consent the verification of the roll call was dispensed with.

The bill, having received the requisite two-thirds constitutional majority, was passed as amended.

The bill as passed is 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 Blackshear, in Pierce County, Georgia, to refund its present or any iuture bonded indebtedness legally incurred. that may be or become unpaid, provided that the funds raised from the refunding bonds shall be used exclusively for the retirement of the said existing bonded indebtedness, and to authorize the governing authorities of the City of Blackshear, without a vote of the people, to authorize the issuance of said refunding bonds, and to provide for the submission of this amendment for ratification by the voters of Georgia; and for other purposes."

SECTION 1.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by: authority of the same that, Article 7, Section 7, Pargarpah 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 Blackshear, in Pierce County, Georgia, for its present or any future bonded indebtedness that is not paid at maturity may issue serial refunding bonds not in excess of the unpaid outstanding bonded indebtedness,

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including principal and interest, for the purpose of refunding and retiring said bonded indebtedness of said City of Blackshear and may 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 shall fall due, the proceeds of such refunding bonds as 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, and said refunding bonds may be issued when authorized by a vote of the governing body of the City of Blackshear, now the City Council, and they shall be validated as is provided by law."
SECTION 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, 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 Blackshear 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 Blackshear 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 elections for members of the General Assembly, and 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.
SECTION 3.
Be it further enacted by the authority aforesaid, that all laws or parts of laws m conflict herewith be and the same are hereby repealed.
By Senator Howe of the 38th District-
Senate Resolution No. 36. A resolution authorizing the state librarian to supply certain volumes to Haralson county; and for other purposes.
The committee moved to amend the resolution by adding the following after the word "reports": "When .,arne are available."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the resolution, as amended, was agreed to.

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343

On the passage of the resolution, the ayes were 27, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
The following communication was sent to the governor:
State of Georgia
The State Senate
John W. Hammond, Secretary
Atlanta, February 16th, 1939.
Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia.
My dear Governor:
Under the rules governing Executive Sessions of the State Senate I have the honor to report to you that nominations sent to the body by you were confirmed today as follows:
Honorable Charles S. Reid, of the County of Fulton, as chief justice of the supreme court, for a term beginning December 17, 1938, and ending January 17, 1941.
The vote on this nomination was 43 to 0.
Honorable Ellis Arnall, of the County of Coweta, as attorney general, for a term beginning February 2, 1939, and ending January 15, 1941.
The vote on this nomination was 44 to 0.
Honorable Herschel E. Smith, of the County of Jefferson, as assistant attorney general, for a term beginning October 15, 1938, and continuing at the pleasure of the Governor and the attorney general.
The vote on this nomination was 43 to 0.
Sincerely yours,
John W. Hammond, Secretary, State Senate
Senator Thrasher of the 27th district moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia,
Friday, February 17th, 1939.
The Senate met pursuant to adjournment and was called to order by the President.
Prayer was offered by the Chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Brinson of the 42nd district, chairman of the Committee on Journals reported that the Journal of the preceding session had been examined and found correct. By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of biiis and resolutions. 2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported. 4. First reading of House biiis and resolutions.
5. Putting on passage uncontested local Senate and House bills and resolutions. 6. Putting on passage general Senate and House biiis and resolutions ready for third reading. The consent was granted.
The following message was received from the House through Mr. Greer, the clerk thereof: Mr. President:
.The House has passed by the requiSite constitutional majority the following biils and resolutions of the House, to-wit: By Mr, Curry of Randolph-
House Bill No. 68. A bill to be entitled an Act for the regulation of the purchase of pecans in the State of Georgia; and for other purposes.
By Mr. McBride of MontgomeryHouse Biii No. 194. A bill to be entitled an Act to amend the Revenue Certifi-
cate Law; and for other purposes.
By Messrs. Cobb of Oconee and Sabados of Dougherty-

FRIDAY, FEBRUARY 17, 1939

345

House Bill No. 197. A bill to be entitled an Act to provide for the registration of all voters m counties where the records have been destroyed; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 371. A bill to be entitled an Act to amend the Act creating a commissioner of roads and revenues for l\1cDuffie county; and for other purposes.
By Mr. Douglass of Talbot-
House Bill No. 417. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver and to create the office of tax commissioner for the County of Talbot; and for other purposes.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Resolution No. 45-186 A. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the City of Macon to issue notes or debt certificates; and for other purposes.
By Mr. Guyton of Effingham-
House Resolution No. 46-186 B. A resolution to supply Effingham county with certain volumes of the supreme court reports; and for other purposes.
By Messrs. Rountree and Flanders of Emanuel-
House Resolution No. 51-214 A. A resolution authorizing the state librarian to furnish to Emanuel county certain law reports; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Thomason of the 28th district-
Senate Bill No. 143. A bill to amend Section 32-903 of the code of Georgia of 1933 relating to the qualifications of members of the county boards of education, so as to provide additional qualification; and for other purposes.
Referred to Committee on Education and Public Schools.
By Senators Holt of the 3rd, Brooks of the 8th, McGinty of the 43rd, Chastain of the 41st and Durden of the lOth districts-
Senate Bill No. 144. A bill to be entitled an Act to regulate and enlarge the powers of co-operative associations organized under the Co-operative Marketing Act, approved August 15, 1921; and for other purposes.
Referred to Committee on Agriculture. The following bills of the House were read the first time and referred to committees: By Mr. Curry of Randolph-

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House Bill No. 68. A bill regulating the purchase of pecans m the State of Georgia ; and for other purposes.
Referred to Committee on Agriculture.
By Mr. McBride of MontgomeryHouse Bill No. 194. A bill to amend the revenue certificate law by authorizing
schools as well as counties to participate under the Act; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Cobb of Oconee and Sabados of Dougherty-
House Bill No. 197. A bill to provide for the registration of voters in all counties in the state where the registration books and records have been destroyed by fire or otherwise; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Evans of McDuffie-
Hause Bill No. 371. A bill to amend an Act creating commissioner of roads and revenues for McDuffie county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Douglass of Talbot-
House Bill No. 417. A bill to abolish the offices of tax collector and tax receiver of Talbot county; to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolutions of the House were read the first time and referred to committees:
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Resolution No. 45-186 A. A resolution to amend Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the city of Macon to issue notes or debt certificates for the payment of the deficit and current indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Guyton of Effingham-
House Resolution No. 46-186 B. A resolution to supply Effingham county with certain volumes of supreme court reports; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Rountree and Flanders of Emanuel-

FRIDAY, FEBRUARY 17, 1939

347

House Resolution No. 51-214 A. A resolution authorizing the state librarian to furnish certain law reports to Emanuel cbunty; and for other purposes.
Referred to Committee on Public Library.
Mr. Redman of the 26th district, chairman of tht Committee on Motor Vehicles, submitted the following report:
Mr. President:
Your Committee on Motor Vehicles have had under consideration the following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 122. Do pass.
Senate Bill No. 125. Do pass.
Respectfully submitted,
Redman of 26th district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the ~ollowing recommendations:
Senate Bill No. 105. Do pass.
Senate Bill No. 128. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Dunn of the 22nd district, chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President: Your Committee on Uniform Laws have had under consideration the following
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. 137. Do pass. Respectfully submitted, Dunn of 22nd district, chairman.
The following message was received from the House through Mr. Greer, the clerk thereot:

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Mr. President:
The House has agreed to the Senate amendment as amended to the following bill of the House, to-wit:
By Mr. Bennett of Ware-
House Bill No. 34. To be entitled an Act to repeal an Act approved August 27, 1931, entitled an Act to provide for the assurance, registration and transfer of land titles and interest therein; and for other purposes.
Mr. Nix of the 32nd district, chairman of the Committee on Mines and Mining, submitted the following report:
Mr. President:
Your Committee on Mines and Mining 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,
Nix of 32nd district, chairman.
Mr. Sanders of the 36th 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. 282. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Cloud of the 19th district, chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations have had under consideration the following House Bill No. 138 and have instructed me, as chairma~, to report the same back to the Senate with the following recommendation:
House Bill No. 138. Do pass.
Respectfully submitted,
Cloud of 19th district, chairman.

FRIDAY, FEBRUARY 17, 1939

349

Mr. Fortson of the 50th district, chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 82. Do not pass.
Respectfully submitted,
Fortson of 50th district, chairman.
The following bills of the Senate, favorably reported by committees, were read the second time :
By Senator Brown of the 4th district-
Senate Bill No. 101. A bill to permit and authorize the sale, transfer and trading of oil, gas and mineral leases without supervision or regulation; and for other purposes.
By Senator Warnell of the 1st district-
Senate Bill No. 105. A bill to amend an Act creating and establishing the city court of Pembroke; and for other purposes.
By Senator Estes of the 35th district-
Senate Bill No. 122. A bill to amend Section 68-201 of the Code of Georgia of 1933 by striking the word "February" from the 3rd, 9th, 13th and 43rd lines of said section and substituting in lieu thereof the word "January" so as to fix the time of registration of motor vehicles on or before January of each year; and for other purposes.
By Senator Estes of the 35th districtSenate Bill No. 125. A bill to amend Section 68-209 of the code of Georgia of
1933 providing for automobile license tags to be sold during the months of November and December; and for other purposes.
By Senator Causey of the 46th district-
Senate Bill No. 128. A bill to amend an Act to abolish fee system in superior courts Waycross judicial circuit providing for monthly payment of solicitor of said court; and for other purposes.
By Senators Howe of 38th, Harrell of the 7th and Brinson of the 42nd districts-
Senate Bill No. 137. A bill prohibiting the clerks of court, ordinaries, their deputies and agents, justices of the peace, or other county officers, from drawing or preparing any deed, mortgage, lien, conveyance or will, whether with or without charge; and for other purposes.

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The followmg bill of the House, favorably reported by the committee was read the second time : By Messrs. Wohlwender and Maxwell of Muscogee-
House Bill No. 282. A bill to change the salaries of the judge and solicitor of the city court of Columbus; and for other purposes.
The following bills of the Senate were read the third time and put upon their passage: By Senator Smith of the 24th district-
Senate Bill No. 129. A bill to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Senators Cochran of the 23rd and Williamson of the 13th districtsSenate Bill No. 118. A bill to repeal an Act to incorporate the Town of Mauk,
in Taylor county; and for other purposes. The report of the committee, which was favorable to the passage of the bill,
was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill having received the requisite constitutional majority, was passed.
By Mr. Manning of the 39th district-
Senate Bill No. 112. A bill to amend an Act creating a new charter for the City of Canton; and for other purposes.
The report of the committee, which was favorable to the passage of tfte bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Senator Abbot of the 18th district-
Senate Bill No. 98. A bill to amend an Act providing for the formation of co-operative non-profit electric membership corporations; and for other purposes.
The committee offered the following substitute, which was adopted:

FRIDAY, FEBRUARY 17, 1939

351

A BILL
To be entitled an Act to amend an Act approved March 30, 1937, (Georgia Laws, 1937, pages 644-659), entitled "An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification, by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and service to its members; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing corporations organized for the same general purposes to re-incorporate hereunder, and validating certain acts, covenants and obligations of such corporations; and for other purposes", by striking Paragraph (6) of Section 2 of said Act of March 30, 1937, which said paragraph relates to the definition of the word "acquire", and substituting in lieu thereof a new paragraph (6) so as to provide a proper definition for the word "acquire"; by striking Paragraph ( 7) of Section 4 of said Act, which said paragraph relates to certain powers of Electric Membership Corporations, and inserting in lieu thereof a new Paragraph ( 7) of Section 4, so as to provide that Electric lVIembership Corporations shall have, in addition to those powers now existing by virtue of Paragraph (7) of Section 4, the power to acquire rights of way and easements by condemnation; to provide a period of limitations in which actions for damage may be brought against said corporations growing out of the acquisition of easements and rights of way or other interests in property by any such orporation: and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
That an Act approved March 30, 1937 (Georgia Laws, 1937, pages 644-659), entitled "An Act providing for the formation of co-operative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification, by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and service to its members; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to re-incorporate hereunder, and validating certain Acts, covenants and obligations of such corporations; and for other purposes", be, and the same is hereby, amended as follows:
SECTION 1.
That Paragraph (6) of Section 2 of said Act, relating to the definition of the

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word "acquire", be, and the same is hereby, stricken in its entirety, and a new Paragraph (6) of Section 2 is hereby enacted in lieu thereof, to read as follows:
Section 2. "(6). 'Acquire' means and includes construct, acquire by purchase, lease, devise, gift, condemnation or other mode of acquisition."
SECTION 2.
That Paragraph ( 7) of Section 4 of said Act, relating to certain powers of Electric Membership Corporations, be, and the same is hereby, stricken in its entirety, and a new Paragraph ( 7) of Section 4 is hereby enacted in lieu thereof, to read as follows:
Section 4. "(7). To acquire, own, hold, use, exercise, and, to the extent permitted by law, to sell, mortgage, pledge, hypothecate and in any manner dispose of franchises, rights, privileges, licenses, rights of ways and easements necessary, useful or appropriate. Any such corporation shall have the right to acquire rights of way, easements, and all interests in realty necessary and appropriate to effectuate the purposes of such corporation by condemnation under the same procedure and terms as provided by Chapter 36-3, Chapter 36-4, Chapter 36-5, and Chapter 36-6 of Title 36 of the 1933 Code of Georgia, providing for the condemnation of property for public purposes."
SECTION 3.
Be it further enacted by the authority aforesaid that from and after the passage of this Act all rights of action accruing against any corporation organized under the Electric Membership Corporation Act, approved March 30, 1937, (Georgia Law, 1937, pages 644-659), growing out of the acquisition of rights of ways, easements, or the occupying of lands of others by said corporations, shall be barred at the end of twelve months from the date of the accrual of such cause of action, and in cases where any such corporation is now in possession of the lands of others, or in the future, without having condemned said property as above provided, and said corporation is using any such land of another for the purposes for which said corporation was created under said Act, and said owners of lands took no legal steps to prevent the occupation of said land by said corporation, the rights of said owner of land shall be limited to whatever damages may have been caused to his realty by such occupation, and as to all such cases in existence at the time of the passage of this Act, same shall be barred after six months from the passage and approval of this Act, and this limitation shall apply to all persons whether sui juris or not sui juris.
SECTION 4.
That all laws and parts of laws in conflict with this Act be, and the same are hereby, repe:1led.
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, the ayes were 29, nays 0.

FRIDAY, FEBRUARY 17, 1939

353

The bill, having received the requisite constitutional majority, was passed by substitute.
Mr. Abbot of the 18th district asked unammous consent that the bill be immediately transmitted to the House, and the consent was granted.
By Mr. Durden of the lOth district-
Senate Bill No. 46. A bill amending the code of 1933 which provides for seizure and sale of all vehicles and conveyances transporting liquors illegally; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 2.7, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Senator Abbot of the 18th district-
Senate Bill No. 99. A bill to create a board of trustees of the University hospital at Augusta; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend the charter of the City of Augusta so as to provide and create a board of trustees to be known as "Trustees of the University hospital", with authority and jurisdiction over the University hospital in Augusta; to provide for the management and control of said hospital and to define the duties and powers of said board of trustees; to provide for the appointment of the first members of said board of trustees and provide for the appointment of their successors; to repeal 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 the charter of the City of Augusta IS hereby amended as follows:
1. A board of trustees is hereby created and established as an administrative agency or department of the City of Augusta to be known as "Trustees of the University Hospital", with jurisdiction, power and authority hereinafter set forth. The board of trustees shall consist of the mayor of the City of Augusta, as an ex-officio member, the chairman of the board of commissioners of roads and revenues for the County of Richmond, as an ex-officio member, and seven citizens who are residents of the City of Augusta, Georgia.
2. The mayor, with the approval of council, shall name the seven c1t1zen members of said board, whose term of office shall be for five years from the date of their confirmation by Council, and then their terms of office shall be two members elected for a two year term, two members elected for a four year term, and three members elected for a five year term, and on the expiriation of their respective

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terms their successors shall then hold for a term of five years. When the terms of office as above set forth shall expire, council shall name or elect successors from a list of three names for each vacancy, furnished by the board of trustees as it may be constituted at that time. Each member of the board of trustees shall be eligible for renomination and re-election by the City Council.
Any vacancy occurring in the ordinary course of events, or by death, resignation, or otherwise, shall be filled by election by the City Council of Augusta from a list of names submitted by the board of trustees, as above set forth.
3. Said board of trustees shall have the power to adopt by-laws for the government of the board, and shall determine the time and place of its meetings. Five members of the board shall constitute a quorum for the transaction of business.
4. Quarterly financial reports shall be submitted to the City Council of Augusta; and any formal contract between the trustees of the University hospital and the School of Medicine of the University of Georgia shall be subject to the approval of the City Council.
5. Complete and entire jurisdiction, management and control of the University hospital, in Augusta, including its out-patient department, is hereby vested in said board of trustees to be known as the trustees of the University hospital, and they shall have full power and authority to operate and maintain said hospital. The board of trustees, in the exercise of medical and surgical control of the University hospital, may, if they so determine, act by and through an advisory board or any individual member, or members, thereof, comprised of four doctors selected annually by the Clinical hospital staff, and four doctors from the School of Medicine of the University of Georgia to be appointed annually by the dean, who shall be ex-officio a member of said advisory board, each of whom shall serve at the pleasure of the trustees of the University hospital, or the trustees of the University hospital may select any other advisory board, at any time terminating the authority of any existing advisory board; provided further that in any case the trustees may determine the period of service of such advisory board and designate what power and authority it shall exercise and what duties and responsibilities shall be delegated to such advisory board, and on what terms and conditions.
SECTION 2. Be it further enacted that all laws m conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the. bill by substitute, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.
By Senator Harrell of the 7th and Senator Durden of the lOth districts-
Senate Bill No. 104. A bill to amend an Act providing for registration of trade names, partnership names, etc., and to require that same shall be advertised in the

FRIDAY, FEBRUARY 17, 1939

355

official organ of the county where such trade names are registered; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McGinty of the 43d district asked unanimous consent that the bill ~e immediately transmitted to the House, and the consent was granted.
Senator Smith of the 24th district asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Highways and Public Roads, read the second time, and recommitted:
By Senator Smith of the 24th district-
Senate Bill No. 130. A bill relating to the erection and maintenance of a proposed mill structure over the east end of the 14th Street Bridge in the City of Columbus; and for other purposes.
The consent was granted.
The following bill of the House was taken up for consideration, for the purpose of agreeing or disagreeing with the House amendment to a Senate amendment:
By Mr. Bennett of Ware-
House Bill No. 34. A bill to repeal an Act providing for the assurance, registration and transfer of land titles and interest therein; and for other purposes.
The House amendment was as follows:
"Mr. Harris of Richmond moves to amend the Senate amendment to House Bill No. 34 by striking therefrom the following language: 'by adding hefore the repealing clause the following' and inserting in lieu thereof the following language: 'by adding a new section to be known as Section 1 (a) to read as follows'."
Senator Causey of the 46th district moved that the Senate concur in the House amendment to the Senate amendment, and the motion prevailed.
The following report of the joint committee named under Senate Resolution No. 14, to confer with like committee from the State of Florida, with reference to various licenses in force in said states was read and adopted.

356

JOURNAL OF THE SENATE,

Hon. John B. Spivey,
President of the Senate,
Hon. Roy V. Harris,
Speaker of the House.
Mr. President:
Mr Speaker:
Your joint committee from the Senate and the House appointed under Senate Resolution No. 14 begs leave to make the following report:
Pursuant to the resolution your committee on February 10, 1939, met with a committee from the Legislature of the State of Florida for the purpose of discussing the various taxes, licenses and departmental regulations now in force in the States of Georgia and Florida which were reported to be preventing free trade between the states with the following result:
1. It was found that the State of Florida is at present requmng that eggs from the State of Georgia taken into Florida be labeled "Georgia Shipped Eggs" while those produced in Florida are marked as "Florida Eggs" and that this difference in branding results in the eggs from Georgia selling for six cents a dozen less than those produced in Florida. The label charge of four cents a case is charged to all producers of eggs alike whether from Florida or from other states and is not objectionable to Georgia egg producers. Your committee was assured by the gentlemen from Florida that steps would be taken immediately to remove the stigma "shipped" from the label on eggs produced in Georgia and leave them marked as "Georgia Eggs". Representatives of the Georgia Poultry Industry stated that this would be satisfactory and would in a large measure remove the price discrimination against Georgia eggs.
2. So far as your committee is advised or could ascertain, no other discrimination, either by tax, license, inspection fee or departmental regulation, was being made against Georgia agricultural products. It did appear that in some municipal markets charges were made for the sale of produce but we were assured that such charges were made to Florida producers and Georgia producers alike.
3. It was found that the principal difference between the states was the licenses, and taxes charged against sea food and fishing industries. At the present time the State of Florida has a law, which if enforced, would subject non-residents engaged in shrimp fishing in Florida to an annual license tax of $2,000 and nonresident sea food dealers to an annual license tax of $500. Neither of these license taxes have ever been enforced, and non-residents engaged in these businesses are required to pay no more fees than those charged to residents of Florida.
In order to remove any possibility of these high taxes being enforced in the future, the Representatives and Senators from Florida obligated themselves to secure the repeal of these non-resident license fees at the coming session of the Legislature.

FRIDAY, FEBRUARY 17, 1939

357

It was found that Georgia has on its statute books a license tax on non-resident wholesale sea food dealers of $500. By executive order this license was reduced for 1938 alone to $250 and to this extent is being enforced at present. The tax on resident wholesale sea food dealers is $10 per year. It was also found that by the terms of the Georgia Act the owner of a shrimp boat selling shrimp in a Georgia port was classed as a wholesale sea food dealer and subject to these licenses.
Your committee recommends that the Georgia license on wholesale sea food dealers, both resident and non-resident be $50.00 per year (the same as that charged by Florida) effective as of January 1, 1939, and that the action of the Governor in suspending one half of the tax for 1938 be ratified. Such Act to become effective only when the aforesaid Florida non-resident license fees are repealed. That fishing boats, both shrimp and fish be required to sell their catch to wholesalers.
Your committee recommends that the present boat license law be changed and that each boat be required to register and pay a license as follows: $10.00 for the first 16 feet and $1.50 per foot (length) over 16 feet a-nd $5.00 per man of crew.
Your committee recommends that fishing boats not be allowed in the inside waters of Georgia coasts except in the St. Andrews and St. Simons Sounds.
While the gentlemen from Florida were most friendly and co-operative and made no hint of retaliatory action, we feel that if the States of Florida and Georgia engage in a tariff war, under the guise of license taxes and inspection fees that it can only result in serious damage to the agricultural interests of our state and increase the cost to the Georgia consumer of those products which he must of necessity purchase from Florida.
Respectfully submitted,
Thrasher of 27th district,
Brown of 4th district,
Brooks of 8th district,
MeN all of Chatham,
Gowen of Glynn,
Edwards of Lowndes,
Joint Committees.
Senator Dunn of the 22nd district, asked unanimous consent that when the Senate adjourn today, that it stand adjourned until Monday morning at 10 o'clock.
The consent was granted.
Senator Dunn of the 22nd district, moved that the Senate do now adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until Monday morning at 10 o'clock.

358

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Monday, February 20th, 1939.
The Senate met pursuant to adjournment and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Williams of the 31st district, vice-chairman of the Committee on Journals reported that the Journal of the preceding session had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and resolution of the Senate, to-wit:
By Senator Manning of the 39th district-
Senate Bill No. 12. A bill to be entitled an Act to provide for the filing of a lis pendens in the office of the clerk of the superior court in all suits; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 59. 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.

MONDAY, FEBRUARY 20, 193<}

359

By Senator Millican of the 52nd district-
Senate Bill No. 60. 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 Millican of the 52nd district-
Senate Bill No. 64. 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 Millican of the 52nd district-
Senate Bill No. 87. 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 Holt of the 3rd district-
Senate Bill No. 92. A bill to be entitled an Act to amend an Act approved August 21, 1911, creating a new charter for the City of Baxley and all Acts amendatory thereto; and for other purposes.
By Senator Williams of the 31st district-
Senate Resolution No. 7. A resolution directing the state librarian to furnish certain law books to Habersham county; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 270. A bill to be entitled an Act to provide for and regulate the compensation of court reporters in superior courts in counties having a population of 200,000 or more; and for other purposes.
By Mr. Yawn of Dodge-
House Bill No. 316. A biii to be entitled an Act to amend code section 32-902 relating to the election of members of county boards of education; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 325. A bill to be entitled an Act to authorize the installation of photographic equipment for recording chattel mortgages in counties having a population of 200,000; and for other purposes.

360

JOURNAL OF THE SENATE,

By Messrs. Whitaker of Appling, Gowen of Glynn, Ferguson of Camden, Hinson of Jeff Davis and Yeomans of Wayne-
House Bill No. 333. A bill to be entitled an Act to provide additional compensation for official stenographic reporter of the superior courts of the Brunswick judicial circuit; and for other purposes.
By Mr. Hill of Screven-
House Bill No. 347. A bill to be entitled an Act to prohibit goats from running at large in Screven county; and for other purposes.
By Mr. J. H. Ennis of Baldwin-
House Bill No. 368. A bill to be entitled an Act to repeal an Act approved March 18, 1937; and for other purposes.
By Mr. McBride of Montgomery-
House Bill No. 372. A bill to be entitled an Act to prohibit goats from running at large in counties having a population of 10,010 and not more than 10,030; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 396. A bill to be entitled an Act to provide for the filling of vacancies in counties having a population of 200,000 or more; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 422. A bill to be entitled an Act to amend an Act approved August 21, 1906, so as to empower the City of Albany to levy a special school tax; and for other purposes.
By Mr. Clary of Columbia-
House Bill No. 437. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver of Columbia county and to create the office of tax commissioner; and for other purposes.
By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 439. A bill to be entitled an Act to amend the laws creating the commissioners of Chatham county; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 462. A bill to be entitled an Act to authorize the governing authorities of the City of Wrightsville to pass zoning and planning laws; and for other purposes.
By Mr. McBride of Montgomery-

MONDAY, FEBRUARY 20, 1939

361

House Bill No. 467. A bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenue of Montgomery county; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 485. A bill to be entitled an Act to incorporate the City of Edgehill in the County of Glascock; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Lindsay of the 34th district-
Senate Bill No. 23. A bill to be entitled an Act to amend Section 92-3701 of the code of 1933 by providing authority to the counties to levy a tax to provide medical or other care for the indigent sick people of the respective counties; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to the committees:
By Senator Dorminy of the 45th district-
Senate Bill No. 145. A bill to amend an Act amending and reviSing the charter for the City of Fitzgerald; amending an Act to incorporate the City of Fitzgerald; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Cail of the 17th district-
Senate Bill No. 146. A bill to amend Section 95-1715 of the Georgia code of 1933 relating to condemnation of property for public roads to the width of 200 feet at the base and permitting condemnation for borrow-pits; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senators Sanders of the 36th, Dunn of the 22nd, Moore of the 47th and Holt of the 3rd, Dawson of the 2nd and Nix of the 32nd districts-
Senate Bill No. 147. A bill creating in the department of labor a division to be known as the division of personnel administration; and for other purposes.
Referred to Committee on Industrial Relations.
The following resolution of the Senate was introduced, read the first time and referred to the committee:

362

JOURNAL OF THE SENATE,

By Senator Lindsay of the 34th district-
Senate Resolution No. 44. A resolution directing the state highway department to investigate, ascertain and report to 1941 session of General Assembly what weights of vehicles various types of highways in the state can safely carry; and for other purposes.
Referred to Committee on Motor Vehicles.
Mr. Millican of the 52nd 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. 348. Do pass.
House Bill No. 417. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
The following bills of the House were read the first time and referred to committees:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 270. A bill to provide for and regulate the compensation of court reporters in the Superior Courts of counties having a population of 200,000 or more, according to last federal census; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Yawn of Dodge-
House Bill No. 316. A bill to amend Section 32-902 of the code relating to the election of members of the county boards of education in counties of a certain population; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 325. A bill authorizing the clerk of the Superior Court in counties having a population of 200,000 to install photographic equipment for recording chattel mortgages; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Whitaker of Appling, Gowen of Glynn, Ferguson of Camden, Hinson of Jeff Davis and Yeomans of Wayne-

MONDAY, FEBRUARY 20, 1939

363

House Bill No. 333. A bill providing additional compensation for the official stenographic reporter of the Superior Courts of Brunswick judicial circuit; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Hill of Screven
House Bill No. 347. A bill to prohibit goats from running at large m the County of Screven; and for other purposes.
Referred to Committee on Agriculture.
By Mr. Ennis of Baldwin-
House Bill No. 368. A bill repealing an Act requmng all candidates for the General Assembly in Baldwin county to designate the seat which they are seeking.
Referred to Committee on Privileges and Elections.
By Mr. McBride of Montgomery-
House Bill No. 372. A bill to prohibit goats from running at large in counties having a population of not less than 10,010 and not more than 10,030; and for other purposes.
Referred to Committee on Agriculture.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 396. A bill providing for filling vacancy m an elective office in counties of 200,000 or more; and for other purposes.
Referred to Committee on Privileges and Elections.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 422. A bill empowering the City of Albany to levy a special school tax upon all taxable property not to exceed ten m1lls; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Clary of Columbia-
House Bill No. 437. A bill to abolish the office of tax receiver and tax collector of Columbia county, to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Atkinson, Grayson and McNall of Chatham-
House Bill No. 439. A bill to alter, amend and revise the several laws and establishing the commissioners of Chatham county and ex-officio judges; and for other purposes.

364

JOURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.
By Mr. Claxton of Johnson-
House Bill No. 462. A bill authorizing the governing authorities of the City of Wrightsville to pass zoning and planning laws; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. McBride of Montgomery-
House Bill No. 467. A bill to amend an Act creating 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.
By Mr. Thigpen of Glascock-
House Bill No. 485. A bill to incorporate the City of Edgehill, m the County of Glascock ; and for other purposes.
Referred to Committee on Municipal Government.
The following bills of the House, favorably reported by committees, were read the second time :
By Mr. Hill of Screven-
House Bill No. 348. A bill to fix the compensation of the county treasurer of Screven county, to provide for a referendum submitting this Act; and for other purposes.
By Mr. Douglass of Talbot-
House Bill No. 417. A bill to abolish the offices of tax collector and tax receiver of Talbot county, to create the office of tax commissioner of said county; and for other purposes.
The following privilege resolution was read and adopted:
By Senator Harrell of the 7th district-
A RESOLUTION
Whereas, certain alleged charges have been made in the House of Representatives tending to reflect discredit on one of our fellow Senators, Hon. Paul L. Lindsay, in regard to his relation with the federal government in securing financial assistance for the proposed hospital in Georgia.
Now, therefore, be it resolved, that the Georgia State Senate express our complete confidence in Senator Lindsay and express to him our appreciation for the tireless efforts and patriotic service he has given to our state in trying to relieve the deplorable situation in our insane and prison institutions.
The following privilege resolution was read and adopted:

MONDAY, FEBRUARY 20, 1939

365

By Senator Fortson of the 50th district-

A RESOLUTION

Whereas, the Senate learns with regret of the passing of Mrs. Elizabeth Evans, devoted mother of the wife of Dr. John C. Cail, Senator from the 17th district.

' Now, therefore, be it resolved, that we express to Dr. Cail and the members of his family our deepest sympathy for the loss they have sustained, and

Be it further resolved, that a copy of this resolution be presented to Dr. Cail and spread upon the Senate Journal.

Senator Nix of the 32nd district moved that the Senate go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the motion prevailed.

Upon dissolution of the executive session, the Senate resumed the regular transaction of business.

The following communication was dispatched to His Excellency, the Governor:

State of Georgia

The State Senate

John W. Hammond, Secretary

Atlanta

February 20th, 1939.

Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia. My Dear Governor:

Under the rules governing executive sessions of the Senate I have the honor to report to you that nominations sent to this body by you were duly confirmed today as follows:

For members of the State Board of Education-

Hon. W. M. McKay, Stephens county, representing Ninth Congressional district, for term commencing July 1, 1939, and continuing for a period of six years from that date.

This nomination was confirmed by a vote of 44 to 0.

Hon. Walter H. Rich, of Fulton county, Atlanta, representing Fifth Congressional district, for the unexpired term of the Hon. Charles S. Reid, resigned, commencing December 17, 1938, and continuing for a period ending July 1, 1941.

366

JOURNAL OF THE SENATE,

This nomination was confirmed by a vote of 44 to 0. Hon. W. C. Clary, Jr., of Columbia county, representing the Tenth Congressional district, for a term commencing July 1, 1940, and continuing for a period of six years from that date.
This nomination was confirmed by a vote of 44 to 0.
Mrs. A. B. Conger, of Decatur county, Bainbridge, representing the Second Congressional district, for a term commencing July 1, 1939, and continuing for a period of six years from that date.
This nomination was confirmed by a vote of 44 to 0.
For Assistant Attorney General-
Ron. Lamar Murdaugh, of Telfair county, for term commencing January 11, 1939, and continuing at the pleasure of the Governor and the attorney-general.
This nomination was confirmed by a vote of 41 to 3.
Director of Veterans' Service office--
Ron. Arthur Cheatham, of Bibb county, for the unexpired term of the Hon. Stanley Jones, resigned, commencing July 14, 1938, and continuing at the pleasure of the Governor.
This nomination was confirmed by a vote of 44 to 0.
Hon. Arthur Cheatham, of Bibb county, for term commencing January 11, 1939, and continuing at the pleasure of the Governor.
This nomination was confirmed by a vote of 44 to 0.
Director of mines, mining and geology, Department of Natural Resources-
Ron. Garland Peyton, Lumpkin county, for term commencing February 11, 1938, and continuing until February 10, 1942.
This nomination was confirmed by a vote of 44 to 0.
Member State Board of Health-
Dr. D. N. Thompson, of Elbert county, for term commencing February 11, 1938, and continuing until September 1, 1943.
This nomination was confirmed by a vote of 44 to 0.
Member and director of the State Industrial Board-
Ron. Arlie D. Tucker, of Berrien county, for term commencing March 30, 1939, and continuing until March 30, 1943.
This nomination was confirmed by a vote of 44 to 0.
For Director of the State Department of Public Welfare-

MONDAY, FEBRUARY 20, 1939

367

Hon. Braswell Deen, of the County of Bacon, for term commencing January 12, 1939, and continuing for a period ending January 11, 1941.
This nomination was confirmed by a vote of 44 to 0.
For Trustee of the Charles H. Herty Foundation-
Hon. Elliott W. Reid, of the County of Chatham, for term commencing January 19, 1939, and continuing for a period of five years from that date.
Sincerely yours, John W. Hammond, Secretary State Senate.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. Strickland of Pierce-
House Bill No. 128. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution of Georgia so as to authorize the City of Blackshear to refund its present or any future indebtedness; and for other purposes.
The following privileged resolutions were read and adopted:
By Senator Fortson of the 50th district-
A resolution extending the privileges of the floor to Hon. E. W. Adams, mayor of Tignall.
By Senator Brown of the 4th district-
A resolution extending the privileges of the floor to Hon. Millard Reese of Brunswick.
By Senator Fortson of the 50th districtA resolution extending the privileges of the floor to Hon. W. B. Godley of
Camden county. By Senator Dorminy of the 45th district-
A resolution extending the privileges of the floor to Hon. W. M. Rawlins and Mrs. Rawlins of Fitzgerald. By Senator Jordan of the 15th district-
A resolution extending the privileges of the floor to Hon. W. J. Peterson of Ailey.

368

JOURNAL OF THE SENATE,

By Senators Millican of the 52nd and Dunn of the 22nd districts-

A resolution extending the privileges of the floor to Mr. and Mrs. Fred S. Hunt of Decatur, Ala.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to a House amendment:

By Senator Lindsay of the 34th district-

Senate Bill No. 23. A bill to amend the Code of 1933 by providing authority for counties to levy a tax to furnish medical care and hospitalization for the indigent sick people; and for other purposes.

The House offered the following amendment:

"Mr. Reed of Carroll moves to amend Senate Bill No. 23 by adding the following to Section 1 : 'not exceeding one mill,' and by striking the period at end of Section 1 and inserting in lieu thereof a comma."

Senator Lindsay of the 34th district moved that the Senate concur in the House amendment, and the motion prevailed.

The following bills of the Senate and House were read the third time and put upon their passage:

By Senator Manning of the 39th district-
Senate Bill No. 42. A bill to prevent the spread of syphilis through marriage; to require a serological test and physician's certificate of freedom from syphilis before issuance of marriage license; and for other purposes.

Senator Harrell of the 7th district moved that the bill be postponed indefinitely, and the motion was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Manning of the 39th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brown Cail Chastain Cochran

Daves Dorminy Dunn Durden Estes Fortson Hass Holt

Howe Ingram
Jordan Lindsay Manning McGinty Nix Palmour

MONDAY, FEBRUARY 20, 1939

369

Redman Sanders

Thomason Williams, 21st

Williams, 31st Williamson

Those voting in the negative were Senators:

Brooks Causey Cloud Dawson Harrell

Mavity McCranie Moate Moore New

Padgett Smith, 12th Thrasher Twiggs

On the passage of the bill, the ayes were 30, nays 14.

Not voting: Senators Brinson, Groover, Kelley, Millican, Sears, Warnell, Smith of the 24th district.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed.

Senator Cail of the 17th district asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

By Senators Causey of the 46th and Nix of the 32nd districts-

Senate Bill No. 44. A bill to promote the public welfare by providing public assistance to all persons above one year of age who are 50% disabled; and for other purposes.

Senator Thrasher of the 27th district raised the point of order that the bill, in his opinion, involved an appropriation and therefore could not originate in the Senate.

The President ruled that the bill did not carry an appropriation and was in order.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Nix of the 32nd district called for the ayes and nays, but the call was not sustained.

On the passage of the bill, the ayes were 24, nays 5.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Millican of the 52nd district moved that the Senate reconsider its action in failing to pass the bill.
On motion to reconsider, the ayes were 36, nays 2, and the motion prevailed.

By Senator Cloud of the 19th district-
Senate Bill No. 49. A bill to provide for collection of ad valorem taxes for 1937 and prior years on an installment basis; and for other purposes.

370

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 3.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Jones of Richmond-
House Bill No. 138. A bill to provide for extension, renewal, etc., of charters of corporations chartered by the legislature or 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, the ayes were 30, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd district asked unanimous consent to withdraw the following bill from further consideration of the Senate:
By Senator Millican of the 52nd district-
Senate Bill No. 61. A bill to amend the Code of 1933 so as to provide for a recount of ballots in all primary elections, in lieu of contests; and for other purposes.
The consent was granted.
Senator Nix of the 32nd district moved that the Senate do now adjourn, and the motion prevailed.
Leaves of absence for three days were granted to Senators Kelley and Sears.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

TUESDAY, FEBRUARY 21, 1939

371

Senate Chamber, Atlanta, Georgia,

Tuesday, February 21st, 1939.
The Senate met pursuant to adjournment this day at 10 o'clock, 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 call of the roll be dispensed with.

Senator Dunn of the 22nd objected.

Senator Lindsay of the 34th district moved that the call of the roll be dispensed with until immediately before adjournment.

Senator Durden of the lOth district moved that the call of the roll be dispensed with.

The President moved that the latter motion take precedence.

The motion to dispense with the call of the roll was lost.

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

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Hass Holt Howe Ingram Jordan Lindsay Manning Mavity McCranie McGinty Millican

Moate Moore New Nix Padgett Palmour Redman Sanders Smith, 12th Thomason Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding se~sion had been examined and found
correct.

Senator Durden of the lOth district asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.

The Journal was confirmed.

372

JOURNAL OF THE SENATE,

Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
I. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 privileged resolution was read and adopted:
By Senator Boykin of the 29th district-
A RESOLUTION
Whereas, the Senate has just learned of the desperate illness of Hon. James H. Skelton, of Hartwell, a former beloved member of this body, one of the best known attorneys of his section of the state and a man who has occupied conspicuous position in public life.
Be it resolved by the Georgia Senate that this body express its sincere hope for the early recovery of Judge Skelton, and convey to his family that wish on our part.
Senator Millican of the 52nd district asked unanimous consent that the following bill of the House be recommitted to the Committee on Counties and County Matters:
By Mr. Douglass of Talbot-
House Bill No. 417. A bill abolishing the offices of tax collector and tax receiver of Talbot county, and creating the office of tax commissioner; and for other purposes.
The consent was granted.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senators Jordan of the 15th, Padgett of the 6th, Dawson of the 2nd, Sears of the 5th and Brown of the 4th districts-

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373

Senate Bill No. 22. A bill to be entitled an Act to define the words "crops" and "growing crops" as now used in existing statutes relating to bills of sale and mortgages, appearing on pages 128-129, Georgia Laws, 1933, by providing that producers of turpentine products shall be known as farmers; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
By Mr. Coogler of Clayton-
House Bill No. 131. A bill to be entitled an Act to amend Section 105-1306 of the Code of Georgia of 1933; and for other purposes.
By Messrs. Franklin and Trippe of Polk-
House Bill No. 196. A bill to be entitled an Act to require all membership corporations and incorporated associations having a membership of fifteen or more persons to file with the secretary of state a sworn copy of their constitution; and for other purposes.
By Mr. Davis of Floyd-
House Bill No. 209. A bill to be entitled an Act to amend section 32-1012 of the civil code of 1933; and for other purposes.
By Messrs. Gross of Stephens, Clements of Wheeler, Trippe of Polk and Morgan of Troup-
House Bill No. 218. A bill to be entitled an Act to amend an Act creating the Georgia public safety department; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 433. A bill to be entitled an Act to amend an Act establishing the City Court of Wrightsville in Johnson county, Georgia; and for other purposes.
By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Resolution No. 145. A resolution that the Hon. Max Noah, director of the Milledgeville A Cappella Choir, be invited to appear before a joint session of the General Assembly to be held in the hall of the House at 10 o'clock A. M., February 27, 1939; and for other purposes.
The House has passed by the requisite constitutional majority the following bill and resolutions of the Senate, to-wit:
By Senator Cail of the 17th district-
Senate Bill No. 52. A bill to be entitled an Act to repeal an Act creating the city court of Sylvania and as amended from time to time; and for other purposes.
By Senator Harrell of the 7th district-
Senate Resolution No. 9. A resolution proposing to the qualified voters of

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Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution of Georgia, so as to authorize the City of Quitman to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Senator Harrell of the 7th district-
Senate Resolution No. 10. A resolution proposing to the voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the City of Quitman to borrow money or incur debt to supply casual deficiencies of revenue; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Millican of the 52nd district-
Senate Bill No. 56. A bill to be entitled an Act to amend an Act approved August 13, 1913, by striking from Section 10 of said Act the words "the Fulton section of the Municipal Court of Atlanta," and substituting in lieu thereof the words "Civil Court of Fulton County"; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Brown of the 4th district-
Senate Bill No. 80. A bill to be entitled an Act to amend the charter of Brunswick so as to require payments of pensions to city employees upon their retirement; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Hass of the 11th district-
Senate Bill No. 148. A bill to amend sections 92-5301 and 92-5304 (Georgia Laws 1937-38) of the 1933 code of Georgia relating to fees of tax collectors and tax receivers; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Millican of the 52nd district-
Senate Bill No. 149. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

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375

By Senator Millican of the 52nd district-
Senate Bill No. 150. A bill to propose to the quaiified voters an amendment to Article 7, Section 7, Paragraph l, of the constitution of Georgia so as to authorize the City of Atlanta to issue revenue certificates; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Warnell of the lst district-
Senate Bill No. 15 l. A bill to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph l, of the constitution of Georgia so as to authorize the City of Savannah to incur an additional bonded indebtedness for the purpose of securing an industrial and domestic water supply; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senators Harrell of the 7th and Fortson of the 50th districts-
Senate Bill No. 152. A bill to amend section 45-507 of the code of 1933 providing for that part of the section to be stricken exempting from its provisions certain industries in the state emptying refuse into waters which has the effect of destroying fish; and for other purposes.
Referred to Committee on Drainage.
By Senator Brooks of the 8th district-
Senate Bill No. 153. A bill to amend an Act approved August 18, 1919, in reference to the Mitchell county board of commissioners of roads and revenues; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Lindsay of the 34th district-
Senate Bill No. 154. A bill to amend an Act approved August 20, 1925, to authorize the election of commissioner of roads and revenues for DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution of the Senate was introduced and referred to committee:
By Senator Harrell of the 7th district-
Senate Resolution No. 45. A resolution providing funds necessary to pay various schools in the state expenses for a seven months school term; and for other purposes.
Referred to Committee on Education and Public Schools.
Mr. Durden of the lOth district, vice-chairman of the Committee on Rules, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President: Your Committee on Rules have had under consideration the following resolu-
tion of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Resolution No. 42. Do pass. Respectfully submitted, Durden of lOth district, vice-chairman.
Mr. McGinty of the 43rd 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 House and Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 152. Do pass. Senate Bill No. 95. Do pass. Senate Bill No. 144. Do pass.
Respectfully submitted, McGinty of 43rd district, chairman.
Mr. Millican of the 52nd 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. 437. Do pass.
House Bill No. 371. Do pass.
House Bill No. 184. Do pass, by substitute.
House Bill No. 439. Do pass.
Respectfully submitted,
Millican of the 52nd district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:

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377

Mr. President: Your Committee on Special Judiciary have had under consideration the follow-
ing 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. 333. Do pass. House Bill No. 85. Do pass. House Bill No. 75. Do pass, as amended. House Bill No. 171. Do pass. House Bill No. 325. Do pass. House Bill No. 10. Do not pass. House Resolution No. 43-164 A. Do pass. Senate Bill No. 142. Do pass.
Senate Bill No. I 13. Do pass. Respectfully submitted,
Sanders of 36th district, chairman. Mr. Abbot of the 18th district, chairman of the Committee on Constitutional Amendments, submitted the following report:
Mr. President: Your Committee on Constitutional Amendments have had under consideration
the following bills and resolutions of the Senate and House and have instructed me, as chairman, to report the same back to the Senate with the following rt'commendations:
Senate Bill No. 140. Do pass. Senate Bill' No. 136. Do pass.
Senate Resolution No. 31. Do pass, by substitute.
House Resolution No. 45. Do pass.
House Bill No. 175. Do pass. Respectfully submitted, Abbot of 18th district, chairman.
Mr. Manning of the 39th district, chairman of the Committee on !\1unicipal Government, submitted the following report: Mr. President:
Your Committee on Municipal Government have had under consideration the

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JOURNAL OF THE SENATE,

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. 132. Do pass. Senate Bill No. 106. Do pass. Senate Bill No. 107. Do pass. Senate Bill No. 108. Do pass. House Bill No. 451. Do pass. House Bill No. 415. Do pass. House Bill No. 416. Do pass. House Bill No. 444. Do pass. House Bill No. 454. Do pass. House Bill No. 422. Do pass.
Respectfully submitted,
Manning of 39th district, chairman. Mr. Howe of the 38th 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 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. 131. Do pass. Senate Bill No. 126. Do pass. House Bill No. 76. Do pass, as amended.
Respectfully submitted, Howe of 38th district, chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time: By Senator Harrell of the 7th district-
Senate Bill No. 95. A bill to promote a more orderly marketing of leaf tobacco in Georgia; improving the methods of sales and standardizing grades; and for other purposes. By Senator Millican of the 52nd district-

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379

Senate Bill No. 106. A bill amending an Act establishing a new charter for the City of Atlanta, <Jpproved February 28, 1874, and several Acts amendatory thereof; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 107. A bill amending an Act entitled "An Act to create a civil service board in cities having a population in excess of 200,000 people" so as to amend Sections 3 and 11 of said Act with reference to firemasters; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 108. A bill providing that counties having a population of 200,000 by the United States census of 1920 or any subsequent census shall furnish aid, relief and pensions to regular members of the county police department; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 113. A bill amending code s~ction 40-1608, code of 1933, with reference to assistant attorney generals, so as to provide for the appointment by attorney general; and for other purposes.
By Senators Millican of the 52nd, Abbot of the 18th and Sanders of the 36th districts-
Senate Bill No. 126. A bill to amend Section 30-102 (2945) "Grounds for Total Divorce" by adding additional ground; and for other purposes.
By Senator Howe of the 38th district-
Senate Bill No. 131. A bill to amend Section 9-401 of the code of Georgia of 1933, defining the practice of law; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 132. A bill amending an Act establishing a new charter for the City of Atlanta; and for other purposes.
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 136. A bill proposing an amendment to the constitution of the State of Georgia allowing "The Coastal Highway District" to issue bonds; and for other purposes.
By Senator Jordan of the 15th district-
Senate Bill No. 140. A bill amending Article 7, Section 2, Paragraph 2-A, of of the Constitution of Georgia as embodied in Code Section 2-5003 of the Code of Georgia of 1933, exempting industries engaged in the manufacture of processing of livestock and farm products, from taxation for a period of five years; and for other purposes.

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JOURNAL OF THE SENATE,

By Senators Sanders of the 36th and Millican of the 52nd districts-
Senate Bill No. 142. A bill to be entitled "An Act declaring the promulgation and adoption of rules of practice and procedure for the. trial courts of Georgia to be judicial functions"; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time.
By Senators Holt of the 3rd and Daves of the 14th districts-
Senate Resolution No. 31. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution of Georgia, providing that revenue-anticipation bonds shall not be deemed debts of or to create debts against the political sub-division issuing such bonds; and for other purposes.
By Senators Holt of the 3rd, Brooks of the 8th, McGinty of the 43rd, Chastain of the 41st and Durden of the lOth districts-
Senate Bill No. 144. A bill to be entitled an Act to regulate and enlarge the powers of co-operative associations organized under the co-operative marketing Act, approved August 15, 1921; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Whipple of Bleckley-
House Bill No. 75. A bill amending Title 46, Chapter 46-1, Section 46-101, of the Code of Georgia of 1933, relating to the issuance of writs of garnishment; and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 76. A bill amending the constitution so as to provide that superior court judges may in vacation hear and determine any matter, where _1Ury verdict is not required; and for other purposes.
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Bill No. 85. A bill repealing Section 24-1716 of the Code of Georgia of 1933, (Section 4827 of the Code of 1910), substituting a new section to be numbered 24-1716, fixing the fees of ordinaries of this state; and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 152. A bill repealing an Act to license resident livestock dealers in Mcintosh county; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 171. A bill to require judges of trial courts to grant a supersedeas to all persons convicted or adjudged in contempt; and for other purposes.

TUESDAY, FEBRUARY 21, 1939

381

By Mr. Claxton of Johnson-
House Bill No. 175. A bill proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution to authorize the trustees of Kite school district in Johnson county to incur a bonded indebtedness; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 325. A bill authorizing the clerk of the superior court in counties having a population of 200,000 to install photographic equipment for recording chattel mortgages; and for other purposes.
By Messrs. Whitaker of Appling, Gowen of Glynn, Ferguson of Camden, Hinson of Jeff Davis and Yeomans of Wayne-
House Bill No. 333. A bill providing additional compensation for the official stenographic reporter of the superior court of the Brunswick judicial circuit; and for other purposes. By Mr. Evans of McDuffi~-
House Bill No. 371. A bill to amend an Act creating commiSSIOner of roads and revenues for McDuffie county; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 415. A bill to amend an Act creating and establishing a new charter for the town of Decatur, now the City of Decatur; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 416. A bill to amend the charter of the City of Decatur so as to extend the city limits at the intersection of McKoy Street and Pharr Road; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 422. A bill empowering the City of Albany to levy a special school tax upon all taxable property not to exceed ten mills; and for other purposes.
By Mr. Clary of Columbia-
House Bill No. 437. A bill to abolish the office of tax receiver and tax collector of Columbia county, to create the office of tax commissioner; and for other purposes.
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 439. A bill to alter, amend and revise the several laws creatilig and establishing the commissioners of Chatham county and ex-officio judges; and for other purposes. By Mr. Evans of McDuffie-
House Bill No. 444. A bill to amend the charter of the Town of Thomson,

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JOURNAL OF THE SENATE,

so as to prohibit the collection of street tax, or any other tax m lieu thereof; and for other purposes.
By Mr. Dean of Rockdale-
House Bill No. 451. A bill to amend the several Acts heretofore passed, relating to the City of Conyers, in the county of Rockdale, so as to enlarge, increase and define the powers and duties of the clerk of said city; and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 454. A bill to be entitled an Act to amend the charter of the City of Thomson, to provide for an election to determine whether street tax shall be collected or abolished; and for other purposes.
Senator Holt of the 3rd district moved that the Senate disagree to the unfavorable report of the Committee on Hygiene and Sanitation on the following bill of the Senate:
By Senators Holt of the 3rd, Cail of the 17th, Daves of the 14th and Dorminy of the 45th districts-
Senate Bill No. 28. A bill to establish a State Board of Examiners m the Basic Sciences: and for other purposes.
On the motion to disagree to the report of the committee, the ayes were 22, nays 10, and the motion prevailed.
The following resolutions of the House, favorably reported by the committees, were read the second time:
By Mr. Evans of McDuffie-
House Resolution N~. 43-164 A. A resolution to reimburse as surety B. H. Anderson by the proper official of McDuffie County; and for other purposes.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Resolution No. 45-186 A. A resolution to amend Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the City of Macon to issue notes or debt certificates for the payment of the deficit and current indebtedness; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Coogler of Clayton-
House Bill No. 131. A bill to amend Section 105-1306 of the Code of 1933 relating to recovery for wrongful death of wife or mother; and for other purposes.
Referred to Committee on General Judiciary No. l.
By Messrs. Franklin and Trippe of Polk-

TUESDAY, FEBRUARY 21, 1939

383

House Bill No. 196. A bill requiring all membership corporations and incorporated associations having membership of fifteen or more to file certain documents with the secretary of state; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Davis of Floyd-
House Bill No. 209. A bill to amend Section 32-1012 of the Code of 1933, so as to make it mandatory upon the county to furnish an office in court house for county superintendents of schools; and for other purposes.
Referred to Committee on Education and Public Schools.
By Messrs. Gross of Stephens, Clements of Wheeler, Trippe of Polk and Morgan of Troup--
House Bill No. 218. A bill to amend an Act creating a department of public safety for Georgia, approved March 19, 1937; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Claxton of Johnson-
House Bill No. 433. A bill to amend an Act establishing the city court of Wrightsville in Johnson county relative to jurors; and for other purposes.
Referred to Committee on Special Judiciary.
The following resolution of the House was read the first time and referred to committee:
By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Resolution No. 145. A resolution inviting Hon. Max Noah and Milledgeville A Capella Choir to appear before the General Assembly; and for other purposes.
Referred to Committee on State of Republic.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to a House substitute:
By Senator Millican of the 52nd district-
Senate Bill No. 56. A bill to amend an Act entitled: "Municipal Court of Atlanta"; and for other purposes.
Senator Millican of the 52nd district asked unanimous consent that the Senate agree to the following substitute offered by the House:
A BILL
An Act to amend an Act entitled "Atlanta, Municipal Court; Acts amended" which said Act was approved July 31, 1925, and appears in the Acts of 1925, page

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JOURNAL OF THE SENATE,

370, et sequentia and all amendments thereto and to amend an Act entitled "Atlanta, City of, Municipal Court established," which said Act was approved August 20, 1913, and appears in the Acts of 1913, page 145, et sequentia and all amendments to each of said Acts hereby amended and specificaily to amend Section 1 of the Act of 1925 aforesaid and all amendments to said Section 1 and to amend Section 10 of the Act of 1925 and all amendments to said Section 10 and specifically to amend Section 4 of the Act of 1913 aforesaid and all amendments thereto as follows:
By striking from Section 1 of the Act of 1925 aforesaid in the seventh line thereof the words "Municipal Court of Atlanta" and substituting therefor the words "Civil Court of Fulton and DeKalb Counties consisting of two sections, the respective names of said sections hereinafter designated in this Act"; to amend Section 10 of the said Act of 1925 aforesaid and all amendments to said Section 10 by striking therefrom the words "Fulton Section of the Municipal Court of Atlanta" wherever they appear in said Act or amendments thereto and specifically in Section 10 thereof and substituting in lieu thereof the words "Civil Court of Fulton County"; to amend Section 4 of the Act of 1913 aforesaid by striking from said Section 4 the words "DeKalb Section of the Municipal Court of Atlanta., and substituting therefor "Civil Court of DeKalb County": it being the intent and purpose of this Act to change the name of the Municipal Court of Atlanta and to substitute therefor the name "Civil Court of Fulton and DeKalb Counties" wherever the same appears in the Acts herein mentioned and all amendments thereto or other Acts of the Legislature in reference to said court or sections thereof; to change the name of the Fulton Section of the Municipal Court of Atlanta provided for in Section 10 of the Act of 1925 aforesaid from "Fulton Section of the Municipal Court of Atlanta" wherever the same appears to "Civil Court of Fulton County"; to change the name of the DeKalb Section of the Municipal Court of Atlanta provided for in Section 4 of the Act of 1913 aforesaid from "DeKalb Section of the Municipal Court of Atlanta" wherever the same appears to "Civil Court of DeKalb County"; to designate the full legal title and name to be used in all proceedings and documents in the two sections of said Court; to provide for the restoration of the Original Act creating the Court or the amendments thereto in the event this Act or any part thereof is declared unconstitutional; to provide that this Act become effective April 1, 1939; to provide that there shall be no change in the jurisdiction, practice or procedure in said court or in either section thereof and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the Authority of the same that Section 1 of the Act approved July 31, 1925 (Acts of 1925, page 370, et sequentia) entitled "Atlanta, Municipal Court; Acts amended" be and the same is hereby amended by striking from said Section 1 of the Act aforesaid in the seventh line thereof the words "Municipal Court of Atlanta" and substituting in lieu thereof the words "Civil Court of Fulton and DeKalb Counties consisting of two sections the respective names of said sections hereinafter designated in this Act," it being the intent and purpose of Section 1 hereof to change the name of "Municipal Court of Atlanta" and to substitute therefor the name "Civil Court of Fulton and DeKalb Counties" wherever the same appears in the Act herein mentioned and any and all amendments thereto or any other Acts of the Legislature in reference to said Court or Sections thereof.

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385

Sec. 2. Be it further enacted by the Authority aforesaid and it is hereby enacted by the authority of the same that Section 10 of the Act approved July 31, 1925 (Acts of 1925, page 370, et sequentia) entitled "Atlanta Municipal Court Acts amended" be and the same is hereby amended by striking from said Section 10 of the Act aforesaid in the fourth and fifth lines thereof the words "Fulton Section of the Municipal Court of Atlanta" wherever they appear in said Act or amendments thereto and specifically in Section 10 thereof and substituting in lieu therefor the words "Civil Court of Fulton County" it being the intent and purpose of this Act to change the name of the "Fulton Section of the Municipal Court of Atlanta" and to substitute therefor the name "Civil Court of Fulton County" wherever the same appears in the Act herein mentioned, in any and all amendments to said Act or any and all other acts of the Legislature in reference to the "Fulton Section" of said Court.
Sec. 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the AutHority of the same that Section 4 of the Act approved August 20, 1913 (Acts of 1913, page 145, et sequentia) entitled "Atlanta, City of, Municipal Court established" be and the same is hereby amended by striking from said Section 4 of the Act aforesaid in the fourth line thereof the words "DeKalb Section of the Municipal Court of Atlanta" wherever they appear in said Act or amendments thereto and specifically in Section 4 thereof and substituting in lieu therefor the words "Civil Court of DeKalb County" it being the intent and purpose of this Act to change the name of the "DeKalb Section of the Municipal Court of Atlanta" and to substitute therefor the name "Civil Court of DeKalb County" wherever the same appears in the Act herein mentioned, in any and all amendments to said Act or any and all other Acts of the Legislature in reference to the DeKalb Section of said Court.
Sec. 4. Be it further enacted by the authority aforesaid and it is hereby enacted by the Authority of the same that nothing in this Act shall be construed to change or alter or modify the powers and authorities, the jurisdiction, practice or procedure in said Court and in each Section thereof as established in said original Acts and all Acts amendatory thereof, the sole purpose of this Act being to change the name of the Municipal Court of Atlanta, the Fulton Section of the Municipal Court of Atlanta and the DeKalb Section of the Municipal Court of Atlanta as in this Act provided.
Sec. 5. Be it further enacted by the authority aforesaid that all proceedings, petitions, processes, summons, subpoenas, executions, attachments, garnishments and any and all other actions, documents and proceedings in the Section of said Court heretofore known as "Fulton Section of the Municipal Court of Atlanta" or "Municipal Court of Atlanta, Fulton Section" shall hereafter designate said Court and the "Fulton Section" thereof by the name "Civil Court of Fulton County" and the aforesaid name and designation shall be construed to constitute the full legal title and name of said Court.
Sec. 6. Be it further enacted by the Authority aforesaid that all proceedings, petitions, processes, summons, subpoenas, executions, attachments, garnishments and

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JOURNAL OF THE SENATE,

any and all other actions, documents and proceedings in the Section of said Court heretofore known as "DeKalb Section of the Municipal Court of Atlanta" or "Municipal Court of Atlanta, DeKalb Section" shall hereafter designate said Court and the "DeKalb Section" thereof by the name "Civil Court of DeKalb County" and the aforesaid name and designation shall be construed to constitute the full legal title and name of said Court.
Sec. 7. Be it further enacted by the Authority aforesaid that should this Act or any part thereof be declared unconstitutional then such Act or part thereof declared unconstitutional is repealed and that part of the original Act or the Acts amendatory thereof which was amended by such unconstitutional Act, paragraph, article, section or part is restored to its original force and effect, to all intents and purposes as if no attempt to amend same had been made.
Sec. 8. Be it further enacted by the Authority aforesaid that this Act shall be effective April 1, 1939.
Sec. 9. Be it further enacted that all laws and parts of laws in conflict with this Act which changes the name of the Municipal Court of Atlanta and the namr of the Fulton Section of the Municipal Court of Atlanta and the name of the DeKalb Section of the Municipal Court of Atlanta, be and the same are hereby repealed.
The consent was granted.
The following resolution of the Senate, favorably reported by the Committee on Rules, was read and taken up for consideration:
By Senator Thrasher of the 27th district-
Senate Resolution No. 42.
To amend Rule 38 as follows:
Line 4, 2nd sentence of Rule 38, which reads as follows:
"Where the report of a committee is adverse to the passage of a bill, etc., on second reading thereof, the question shall be on agreeing to the report of the committee."
Shall read as follows:
"Where the report of a committee is adverse to the passage of a bill, in order to have a second reading thereof, any Senator may at the time of report give notice of a motion at the proper time to disagree to committee report, then the question shall be on agreeing to report of committee."
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to a House amendment:

TUESDAY, FEBRUARY 21, 1939

387

By Senator Brown of the 4th district-
Senate Bill No. 80. A bill amending the charter of the City of Brunswick; and for other purposes.
The House offered the following amendments:
Gowen of Glynn moves to amend Senate Bill No. 80 by striking from the caption thereof, the words "and for other purposes," and by adding at the end of the caption the following:
"to repeal Section 4 of an Act approved August 13, 1929, entitled 'An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to alleys and streets upon its city commission; to preserve and protect the parks and squares of said city; and for other purposes'; and to confer new and additional powers and authority upon the said city commission with respect to the public parks and squares of the city and to establish certain streets and ways through the same; and for other purposes."
And to further amend the bill by adding two new sections to be numbered 4
and 5 and to read as follows, to-wit:
"Section 4. Be it further enacted by the authority aforesaid, that Section 4 of an Act entitled 'An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to alleys and certain streets upon its city commission; to preserve and protect the parks and squares of said city; and for other purposes,' approved August 13, 1929, is hereby repealed.
"Section 5. Be it further enacted by the authority aforesaid, that the City of
Brunswick shall not have the power or authority to convey, lease, sell, use or alienate any of the parks or squares of said city, either now existing or hereafter acquired, for any use, public or private, or for its own municipal use, except as hereinafter provided; and that said parks and squares of said city shall forever exist and be used for the benefit of the people for park purposes, and for no other purposes, except as herein provided; and that no street shall traverse or be extended or pass through or exist in, on or through the following parks in said city, to-wit: Queens, Hanover, Kings, Hillsboro, Wright and Halifax Squares, and Magnolia, Orange and Palmetto Parks, as named upon the maps of said city, save and except Newcastle and Mansfield Streets as now traversing Queens Square, Newcastle and Prince Streets as now traversing Kings Square, New Street ~s now traversing Machen Square, Jekyl Square, Crispen Square, and St. Simon Square, Mansfield Street as now traversing Hillsboro Square, George Street as now traversing Wright Square, Prince Street as now traversing Halifax Square, and a street thirty feet wide extending from the west side of Newcastle Street to the west side of Richmond Street through the southern end of King Square, such street to be known as King Square Drive, South, and streets thirty feet wide ~xtending from the east side of Egmont Street to the west side of Carpenter Street through the southern end of Halifax Square and through the northern end of Halifax Square, to be known as Halifax Square Drive, South, and Halifax Square Drive, North, respectively,

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and streets thirty feet wide extending from the east side of Egmont Street to the west side of Carpenter Street through the southern end of Wright Square and through the northern end of Wright Square, to be known as Wright Square Drive, South, and Wright Square Drive, North, respectively, shall not come within the provisions of this Act."
And to further amend the bill by changing the number of the last or repealing section to "Section 6."
Senator Brown of the 4th district asked unanimous consent that the Senate agree to the House amendments, and the consent was granted.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to a House substitute:
By Senator Jordan of the 15th district, et al-
Senate Bill No. 22. A bill providing that naval stores' operators or manufacturers, and also the original producer of turpentine products, shall be known and designated as farmers; and for other purposes.
The House offered the following substitute:
A BILL
To be entitled an Act to provide that the planting, cultivation, harvesting and marketing of trees shall be considered an agricultural pursuit under the Laws of Georgia, and to amend Code Section 67-ll07 of the Code of Georgia (1933) defining the words "crops" and "growing crops" as used in statutes relating to bills of sale, mortgages, etc., by providing that naval stores operators or manufacturers and also the original producers of turpentine products shall be known and designated as farmers; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section l. That the planting, growing, cultivation, harvesting and marketing of trees and the fruits and products thereof shall be considered and treated under the Laws of Georgia as an agricultural pursuit.
Sec. 2. That Section 67-1107 of the Code of Georgia (1933) defining crops and growing crops, be and the same is hereby amended by adding thereto the following:
"Every original producer or original manufacturer of crude gum (oleoresine) from which is derived or may be derived gum spirits of turpentine and gum rosin and his employees are hereby declared to be, for all intents and purposes, farmers m so far as any statute of this State relates to farming and farmers."
Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Brown of the 4th district asked unanimous consent that the Senate agree to the House substitute, and the consent was granted.

TUESDAY, FEBRUARY 21, 1939

389

The following bills of the Senate and House were read the third time and put upon their passage:
By Senator Causey of the 46th district-
Senate Bill No. 128. A bill amending an Act abolishing the fee system m the superior courts of the Waycross Judicial Circuit; and for other purposes.
Senator Causey of the 46th district offered the following amendment:
Senator Causey of the 46th district moves to amend Senate Bill No. 128, Section 1 thereof, and line 16 thereof, by striking the word "office" immediately after the following words: "requiring him to leave his", and inserting in lieu thereof the words "judicial circuit", so that said line as amended shall read "requiring hiMI to leave his judicial circuit"; and further amending said bill and the caption thereof by striking the word "office" in the fifth line from the bottom of the first page, and inserting in lieu thereof the words "judicial circuit".
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Warnell of the 1st district-
Senate Bill No. 105. A bill amending the Act creating the City Court of Pembroke; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bell of GradyHouse Bill No. 343. A bill amending an Act to abolish the office of county
treasurer of 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Bell of GradyHouse Bill No. 370. A bill increasing the number of commiSSIOners of roads
and revenues of Grady county to five members; and for other purposes.

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JOURNAL OF THE SENATE,

The committee offered the following amendment:

By inserting the word "duties" in the 9th line of the caption of said bill between

the words "the" and "authority" so that said caption when so amended will read as

follows:

'

"To be entitled an Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the County of Grady, State of Georgia, and for other purposes, as approved December 22, 1937, (Georgia Laws, Extra Session, 1937-1938, Page 837, et. seq.), by increasing the number of commissioners to five; by naming G. W. Connell and T. W. Aldridge as additional commissioners; by fixing the tenure and term of office of the commissioners; by re-districting said county into five commissioner districts; by re-defining the duties, authority and powers of the chairman of said board, and of said board as a whole; by fixing the salaries of the chairman of said board and the other commissioners; by repealing Section 10 of said Act which placed a limitation on the power of said board to fix the salary of its warden; and for other purposes."

Second:

By adding at the end of "Section 5 (e)" in Section 2 thereof, the following words
and language, to-wit:

"It shall be the duty of said board to designate and appoint some person who is a registered voter of said county to act in the capacity and with the power and authority of the sheriff and/or constables of said county in the collection or enforcement of the unpaid tax fi. fas. of said county, whenever it is made to appear to the said board that it is necessary and essential in the proper supervision by said board of the books of the tax commissioner of said county and in the proper enforcement of the uncollected tax fi. fas. of said county. Said person when so designated shall, while said appointment is effective, be vested with full power and authority to levy any and all of said tax fi. fas., to bring all property subject to said tax fi. fas. to sale, including the advertising and selling of said property, make, execute and deliver all due and proper transfers of fi. fas. and conveyances and deeds to same, regardless of the amount of any such fi. fa., and regardless of whether the levy is made on real estate or personal property, in the same manner and as fully and effectively as the same may be done by the sheriffs and/or .constables under the existing general laws of this state; and all of the Acts of said designated person or persons with reference to transfers of fi. fas., levy, advertisement, sale and conveyance of every kind as to any and all of said tax fi. fas., shall be as valid and binding as if done by the sheriffs or constables of said counties. The compensation of the person or persons so appointed shall be as now provided by law for such services and said board shall require a good and sufficient bond of any person so appointed.

The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

TUESDAY, FEBRUARY 21, 1939

391

The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Lovett of Laurens-
House Bill No. 320. A bill to amend an Act creating a board of commissioners of roads and revenues of Laurens county so as to prohibit members of the board from employing or trading with relatives; and for other purposes.
The committee offered the following amendment:
By striking Section 9 in its entirety and substituting in lieu thereof the following: "Section 9. Be it further enacted, except as otherwise provided in this Act, this Act shall become effective on and after July 1, 1939."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution of the Senate was read:
By Senator Harrell of the 7th district-
Senate Resolution No. 45.
Whereas, the state auditor certifies that the state lacks $5,250,000 havin"g sufficient revenue to complete the financing of the public schools of Georgia for a full seven months program, and
Whereas, many city and county boards of education have operated the schools in their respective cities and counties beyond the point where anticipated revenue will fully finance them, believing the state Legislature will make the necessary provisions for the remainder of the seven months program, and
Whereas, the teachers in ~he public schools of Georgia are going without definite assurance of ever getting paid unless the state meets the obligation of financing seven full months of the public schools of Georgia, which the laws of the State of Georgia say the state shall do and for which appropriations have been made, therefore
Be it resolved: ( 1) That this body commit itself to the proposition of providing the amount of funds needed to complete a seven month's school term before this body has adjourned this session of the Legislature, and
(2) That provision be made as promptly as possible during this session of the Legislature to remove the uncertainty of school financing with which the schools of Georgia are now confronted.

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JOURNAL OF THE SENATE,

(3) That this body officially inform the state board of education of its attitude on the matter of a seven month's school term for the public schools of Georgia and advise the state board of education to inform the city and county boards of what they may expect with reference to a full term of school.
Senator Millican of the 52nd district made the point of order that the resolution gave direction on the part of the Senate, and therefore was not privileged.
The President sustained the point of order and referred the resolution to the Committee on Education and Public Schools.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Lindsay of the 34th district-
Senate Bill No. 19. A bill to provide that no municipality shall have jurisdiction over any property owned, leased, or rented by the state for the purpose of levying taxes on any business carried on on such property; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend an Act entitled an Act to provide for and to authorize the Commissioner of Agriculture to establish Farmers' l\1arkets in this State, etc., Acts 1935, page 369. Approved February 25th, 1935, by adding a new section to said Act exempting all persons, firms and corporations who are tenants or concessionaires in such markets from taxes or license fees or regulations of any county t>r municipality; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted as follows :
SECTION 1. That the Act of 1935, page 369, approved February 25th, 1935, be and the same is amended as follows:
By adding a new section to said Act to be known as "Section 2-a" and to read as follows:
"Section 2-a. It is further enacted that when the said Commissioner of Agriculture shall have established a market and rents or leases booths or storerooms therein to any person, firm or corporation or concedes to persons, firms or corporations, concessions to transact business in said markets, no license fees or taxes shall be assessed by any county or municipality against such persons, firms or corporations on account of any business carried on by such persons, firms or corporations in said Farmers' Markets, except such fees as may be assessed by said Commissioner."
SECTION 2. Be it further enacted that an emergency exists and this Act shall take effect immediately upon its passage and approval by the Governor.
SECTION 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are repealed.

TUESDAY, FEBRUARY 21, 1939

393

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, Senator McCranie of the 48th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Cail Chastain Cochran

Cloud Dawson Dorminy Fortson Harrell Hass Holt Lindsay

Manning McCranie Padgett Twiggs Warnell Williams, 31st

Those voting in the negative were Senators:

Daves Dunn Durden Estes Howe Mavity McGinty

Millican Moate Moore New Nix Palmour Redman

Sanders Smith, 12th Thrasher Williams, 21st Williamson

On the passage of the bill, the ayes were 22, nays 19.

Not voting: Senators Boykin, Brown, Causey, Groover, Ingram, Jordan, Kelly, Sears, Smith of the 24th district, and Thomason.

By unanimous consent, the verification of the roll call was dispensed with. The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Lindsay of the 34th district gave notice that at the proper time he would move to reconsider the action of the Senate in defeating this bill.
The following resolution of the Senate was read:
By Senators New of the 25th, Causey of the 46th districts, and others-

Senate Resolution No. 46. A resolution urging the Governor and the Economy Committee of the House to reconsider their action in abolishing the position of official state hostess now held by Mrs. Kathleen Sewell Hogan.
Senator Dunn of the 22nd district moved that the resolution be tabled, and the motion prevailed, ayes 24, nays 14.
Senator Thomason of the 28th district asked leave of absence for two days, and the leave was granted.

394

JOURNAL OF THE SENATE,

Senator Durden of the lOth district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

WEDNESDAY, FEBRUARY 22, 1939

395

Senate Chamber, Atlanta, Georgia,
Wednesday, February 22nd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Harrell of the 7th district asked unammous consent that the call of the roll be dispensed with, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Lindsay of the 34th district gave notice that at the proper time he would move to reconsider the action of the Senate in defeating Senate Bill No. 19.
Senator Harrell of the 7th district asked unanimous consent that the reading of the Journal be dispensed with.
Senator Dunn of the 22nd district objected.
Senator Harrell of the 7th district moved that the reading of the Journal be dispensed with, and the motion prevailed.
The Journal was confirmed.
Senator Lindsay of the 34th district moved that the Senate reconsider its action in defeating the following bill of the Senate:
By Senator Lindsay of the 34th district-
Senate Bill No. 19. A bill to provide that no municipality shall have jurisdiction over any property owned, leased or rented by the state for the purpose of levying taxes on any business carried on on such property; and for other purposes
Senator Millican of the 52nd district asked unanimous consent that the motion of Senator Lindsay be adopted, and the consent was granted.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions. 5. Putting on passage uncontested local Senate and House bills and resolutions. 6. Putting on passage general Senate and House bills and resolutions ready for third reading.

396

JOURNAL OF THE SENATE,

The consent was granted.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator McGinty of the 43rd district-
Senate Bill No. 155. A bill to require preparation and publication of a report of receipt and disbursements of public funds by authorities of cities, towns and counties; and for other purposes.
Referred to Committee on Public Printing.
By Senators Abbot of the 18th, Brown of the 4th and Causey of the 46th districts-
Senate Bill No. 156. A bill repealing an Act approved August 26th, 1872, entitled "An Act to prescribe the manner of incorporating towns and villages in this State"; and for other purposes.
Referred to Committee on Municipal Government.
By Senators Durden of the lOth, Harrell of the 7th, Howe of the 38th, Brinson of the 42nd, Mavity of the 44th, Moate of the 20th and New of the 25th districts-
Senate Bill No. 157. A bill to define the terms "holding company" and "affiliate"; to prohibit holding companies from acquiring additional shares of the common capital stock in banks or national banking associations in Georgia; and for other purposes.
Referred to Committee on Banks and Banking-
By Senator Dunn of the 22nd district-
Senate Bill No. 158. A bill to repeal Title 86 of the Georgia Code of 1933, which said title relates to public defense; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Thrasher of the 27th district-
Senate Bill No. 159. A bill to specify qualifications of state employees; and for other purposes.
Referred to Committee on State of Republic. The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bill
of the House, to-wit: By Messrs. Lanier, Harris and Jones of Richmond, Elliott of Muscogee, Harvey of
Upson, and others-

WEDNESDAY, FEBRliARY 22, 1939

397

House Bill No. 242. A bill to be entitled an Act to levy an annual license tax on all persons, firms, partnerships, corporations or association of persons engaged in the business of operating two or more stationary stores or mercantile establishments; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Gill of Bryan-
House Bill No. 369. 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. Fowler of Douglas-
House Bill No. 374. A bill to be entitled an Act to amend an Act of the General Assembly approved December 22nd, 1937; and for other purposes.
By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 428. A bill to be entitled an Act to amend the Act creating the county board of commissioners for Bibb county; and for other purposes.
By Mr. Goolsby of Monroe-
House Bill No. 457. A bill to be entitled an Act to amend the Act fixing the compensation of Monroe county tax commissioner; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senator Cail of the 17th district-
Senate Bill No. 47. A bill to be entitled an Act to fix the compensation of the county treasurer of Screven county; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Sears of the 5th district-
Senate Bill No. 74. A bill to be entitled an Act to repeal an Act approved March 24, 1933; and for other purposes.
Mr. 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 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. 45. Do pass.

398

JOURNAL OF THE SENATE,

House Bill No. 131. Do pass. Respectfully submitted,
Lindsay of 34th district, chairman. Mr. Redman of the 26th district, chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President: Your Committee on Motor Vehicles have had under consideration the follow-
ing 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. 43. Do pass. Senate Bill No. 115. Do pass. Senate Bill No. 44. Do pass.
Senate Bill No. 96. Do pass.
Respectfully submitted,
Redman of 26th district, chairman. Mr. Cail of the 17th 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. 138. Do pass. Senate Bill No. 146. Do pass. Senate Bill No. 130. Do pass.
Respectfully submitted,
Cail of 17th district, chairman.
Mr. Dawson of the 2nd district, chairman of the Committee on Drainage, submitted the following report:
Mr. President:
Your Committee on Drainage 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 fullowing instruction:
House Bill No. 324. Do pass, as amended.

WEDNESDAY, FEBRUARY 22, 1939

399

Respectfully submitted, Dawson of 2nd district, chairman.
Mr. Daves of the 14th district, chairman of the Committee on Pensions, submitted the following report:
Mr. President: Your Committee on Pensions have had under consideration the following bill
of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 159. Do pass. Respectfully submitted,
Daves of 14th district, chairman. Mr. Millican of the 52nd district, chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President:
Your Committee on Counties and County l\!latters 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. 90. Do pass, by substitute. House Bill No. 291. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.
Mr. Harrell of the 7th district, chairman of the Committee on Finance, submitted the following report:
Mr. President: Your Committee on Finance have had under consideration the following bills
and resolution of the Senate and House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 124. Do not pass. House Bill No. 112. Do not pass. House Resolution No. 22-130 A. Do pass. Senate Bill No. 135. Do pass.
Respectfully submitted,
Harrell of 7th district, chairman.

400

JOURNAL OF THE SENATE,

Mr. Millican of the 52nd 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. 153. Do pass.
Senate Bill No. 154. Do pass. Respectfully submitted,
Millican of 52nd district, chairman.
Mr. Twiggs of the 40th district, chairman of the Committee on Education, submitted the following report:
Mr. President: Your Committee on Education 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. 45. Do pass, by committee substitute.
Respectfully submitted,
Twiggs of 40th district, chairman.
Mr. Durden of the lOth 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 follow-
ing 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. 16. Do pass, as amended by the committee. Senate Bill No. 141. Do pass. Senate Bill No. 123. Do pass.
Respectfully submitted, Durden of lOth district, chairman.
Mr. Holt of the 3rd 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

WEDNESDAY, FEBRUARY 22, 1939

401

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. 117. Do pass.
Senate Bill No. 139. Do pass.
Respectfully submitted,
. Holt of 3rd district, chairman.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to a House substitute:
By Senator Cail of the 17th district-
Senate Bill No. 47. A bill to fix the compensation of the county treasurer of Screven county; and for other purposes.
The House offered the following substitute:
A BILL
To be entitled an Act to fix the compensation of the County Treasurer of Screven County, Georgia; to provide for a referendum submitting this Act to the qualified voters of Screven County: 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, after the passage of this Act and ratification of same by a majority of the voters of Screven County, Georgia, as herein provided, the compensation of the County Treasurer of Screven County, Georgia, be, and the same is fixed as follows:
Commencing July 1, 1939, the compensation of the County Treasurer of Screven County, Georgia, shall be fifty ($50.00) dollars per month, payable monthly by the Commissioners of said County, at their monthly meeting; and in addition to paying said treasurer Fifty ($50.00) Dollars per month, said Commissioners shall pay the fee charged by a bonding company for the bond of said County Treasurer.
Sec. 2. Be it further enacted, that before this Act shall go into effect and become a law it shall be submitted to the qualified voters of Screven County, at the general election to be held on June 6, 1939, if said election is held on said date and if said general election is not held on said date then in that event the Ordinary of Screven County shall appoint election managers in each of the districts of the county for the purpose of holding an election in which this Act shall be submitted to the voters of Screven County. The Ordinary is directed to publish a notice of said election at least thirty (30) days before the date herein named. It is further provided that the Ordinary shall receive the returns from each of the election precincts and declare the results of the election. The question to be voted upon in said election shall be submitted to the voters in the following form: "For paying the County Treasurer of Screven County Fifty ($50.00) Dollars per month" or "Against paying the County Treasurer of Screven County, Georgia, Fifty ($50.00)

402

JOURNAL OF THE SENATE,

Dollars per month". Said ballots shall be printed by the Ordinary of Screven County at the County's expense and shall be furnished to the voters at each voting precinct in the county. If a majority of the voters in said county shall vote "For paying the County Treasurer of Screven County Fifty ($50.00) Dollars per month", then this Act shall become a law effective July 1, 1939. If it should fail to receive a majority of the votes cast in said election then it shall not become the law.
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 Cail of the 17th district asked unanimous consent that the Senate agree to the House substitute, and the consent was granted:
The following bills of the Senate, favorably reported by the committees were read the second time:
By Senator Manning of the 39th district-
Senate Bill No. 43. A bill amending Code Section 68-301 by increasing speed limit of certain vehicles; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Brooks of the 8th districts-
Senate Bill No. 96. A bill to provide for financial responsibility of motor vehicle owners and operators upon the roads of this state; to provide for the suspension of licenses; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 115. A bill to amend Section 68-303 of the Code of Georgia, Sub-section F thereof; and for other purposes.
By Senators Thomason of the 28th and Causey of the 46th districts-
Senate Bill No. 117. A bill to amend an Act entitled an Act to authorize and regulate the practice of chiropractic in the State of Georgia with reference to eligibility to practice; and for other purposes.
By Senators Spivey of the 16th, Durden of the lOth and Harrell of the 7th districts-
Senate Bill No. 123. A bill to provide that "The Georgian Waltz" be adopted as the official Georgia waltz; and for other purposes.
By Senator Brown of the 4th district-
Senate Bill No. 135. A bill to amend Title 92 ("Public Revenue"), Division 1 ("Sources of Revenue"), Part IX ("Income Taxes") of the Code of 1933, as amended by Acts approved March 26, 1935, March 30, 1937, December 29, 1937, by amending Sub-section (3) of Sub-section (i) of Section 92-3002 of said code, defining resident; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1939

403

By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 138. A bill to prescribe the rights, duties and responsibilities of "The Coastal Highway district" in connection with the issuance of additional bonds; and for other purposes.
By Senator Durden of the lOth district-
Senate Bill No. 139. A bill to amend Title 84 (Professions, businesses and trades) Chapter 84-12 {osteopaths), which provides for examination of applicants for license to practice osteopathy; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 141. A bill prohibiting the use of vehicles for the aid, promotion of furtherance of lotteries, gaming, gambling, games of chance, gambling devices and providing for the seizure, condemnation and sale of such vehicles; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 146. A bill to amend Section 95-1715 of the Georgia Code of 1933 relating to condemnation of property for public roads to the width of 200 feet at the base and permitting condemnation for borrow-pits; and for other purposes.
By Senator Brooks of the 8th district-
Senate Bill No. 153. A bill to amend an Act approved August 18th, 1919, in reference to the Mitchell county board of commissioners of roads and revenues; and for other purposes.
By Senator Lindsay of the 34th district-
Senate Bill No. 154. A bill to amend an Act approved August 20th, 1925, to authorize the election of commissioner of roads and revenues for DeKalb county; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:
By Senator Lindsay of the 34th district-
Senate Resolution No. 44. A resolution directing the state highway department to investigate, ascertain and report to 1941 session of General Assembly what weights of vehicles various types of highways in the state can safely carry; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Lovett of Laurens and Moore of Lumpkin-

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House Bill No. 16. A bill abolishing the present state licensing board and transferring all functions and business to the state highway board; and for other purposes.
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Bill No. 45. A bill to amend Section 53-208 of the Code of 1933 permitting bringing of suit by father or mother; and for other purposes.
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill amending several Acts creating the city court in Bartow county; and for other purposes.
By Mr. Coogler of Clayton county-
House Bill No. 131. A bill to amend Section 105-1306 of the Code of 1933, relating to recovery for wrongful death of wife or mother; and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 159. A bill to increase the pensions of Confederate veterans to $50.00 per month; and for other purposes.
By Messrs. Beck and Reid of Carroll-
House Bill No. 291. A bill to amend an Act to consolidate the office of tax receiver and tax collector of Carroll county; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 324. A bill to authorize Fulton county to establish an administrator, a sewage system, to levy assessments therefor; and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:
By Messrs. Lanham, Rogers and Davis of FloydHouse Resolution No. 22-130 A. A resolution to authorize the state tax com-
missioner to refund capital stocks paid through error; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Lanier, Harris and Jones of Richmond; Elliott of Muscogee; Harvey of Upson; and others-
House Bill No. 242. A bill to levy an annual tax on firms engaged in operating stationary stores; and for other purposes.
Referred to Committee on Finance.
By Mr. Gill of BryanHouse Bill No. 369. A bill to amend an Act creating a board of commissioners
of roads and revenues for Bryan county; and for other purposes.

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405

Referred to Committee on Counties and County Matters.
By Mr. Fowler of Douglas-
House Bill No. 374. A bill to amend an Act creating a board of commissioners for Douglas county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 428. A bill to amend an Act establishing a board of commissioners for Bibb county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Goolsby of Monroe-
House Bill No. 457. A bill to amend an Act approved August 28th, 1931, by fixing the compensation of Monroe county tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. Smith of HenryHouse Bill No. 53. A bill to be entitled an Act to amend Title 93, Chapter
93-2 of the Georgia Code for 1933, which provides for the suspension of the public service commissioners by the Governor; and for other purposes.
The following privileged resolution was read and adopted:
By Senator Brooks of the 8th districtA resolution thanking Senator Estes of the 35th district for the "steak fry"
and dance given in honor of members of the Senate Tuesday evening, February 21st, at his plant in Rex, Ga.
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. 107. A bill to amend an Act to create a civil service board
in cities of more than 200,000 population, relative to the board of firemasters; and for other purposes.
Senator Millican of the 52nd district offered the following amendments, which were adopted :

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By adding a new section to be known as Section 2-A and reading as follows:
Section 2-A. That Section 9 of said Act be and is hereby amended by striking the word "continuous" that appears after the word "of" and before the word "sickness", so that said Section 9 shall read as follows:
"Section 9. Members of said fire department shall receive full pay for time lost while sick for thirty (30) days of sickness. Any further pay allowance for said sickness shall be subject to the approval of the board of firemasters."
To further amend in tht> caption of Senate Bill No. 107. by adding the figure 9 in line 9 after the figure 3 and also by placing a comma after the figure 3 in line 9 and by adding in line 17 after the word "trials" the following: "to provide pay for sickness of members."
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, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Millican of the 52nd district-
Senate Bill No. 108. A bill to provide pensions for members of the county police departments in counties having a population of more than 200,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 132. A bill to amend an Act establishing a new charter for the City of Atlanta by extending the city limits; and for other purpost>s.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Senator Millican of the 52nd district-
Senate Bill No. 106. A bill amending an Act establishing a new charter for the City of Atlanta, relative to the police civil service board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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407

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Johnson of Chattahoochee-
House Bill No. 360. A bill to amend an Act abolishing the offices of tax collector and tax receiver for Chattahoochee 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Smith of the 24th district asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.
By Mr. Bennett of Clarke-
House Bill No. 184. A bill to provide for the election of the clerk of the board of commissioners of roads and revenues of Clarke county; and for other purposes.
The committee offered the following substitute, which was adopted:
An Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke; to prescribe the duties and powers thereof, and for other purposes," approved December 15, 1897, and the amendment to said Act approved August 18, 1913, providing for the election of the members of said Board of Commissioners by the qualified voters of the county; and for other purposes, so as to provide for the election of the Clerk of said Board of Commissioners by the qualified voters of said county; to provide for the qualifications, duties, compensation and terms of office of said Clerk; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke; to prescribe the duties and powers thereof; and for other purposes," approved December 15, 1897, as amended by an Act entitled "An Act to amend an Act entitled 'An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke; to prescribe the duties and powers thereof and for other purposes,' approved December IS, 1897, so as to provide for the election of the members of said lloard of Commissioners by the qualified voters of the county; and for other purposes," be, and the same is hereby, amended as follows:
By striking Section 8 of the Act creating said Board of Commissioners, approved December 15, 1897, which reads as follows:
"Section 8. Be it further enacted by the authority aforesaid, That the Board

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of Commissioners shall elect their own clerk, with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners and keep, in a well bound book, to be provided at the ~xpense of the county, full and accurate records and minutes of all their transactions; to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record in a separate book all orders given or approved by said commissioners for the payment of money by the county treasurer; and all books, files and records by this Act required to be used or kept shall alw;.ys be open at the county site for the inspection of any taxpayer of the county on demand," and substituting in lieu thereof the following:
"Section 8. Be it enacted by the authority aforesaid that there shall be a Clerk. of said Board of Commissioners, who shall be an attorney at law, and it shall be the duty of said Clerk to attend all meetings of the Commissioners and keep, in a well bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions; to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other pape:-s addressed to said Commissioners, and to record in a separate book all orders given or approved by said Commissioners for the payment of money by the county treasurer; and all books, files and records by law required to be used or kept shall always be open at the county site for the inspection of any taxpayer of the county on demand. The said Clerk shall be required to advise the Board of Commissioners as to the legality of all tax levies, appropriations, and other expenditures of county revenue, and to give such other legal advice to the Board of Commissioners as they may require, to represent said Board of Commissioners as they may require, to represent said Board in all litigation involving county matters, and to render the usual services customarily performed by county attorneys. The said Clerk is empowered to employ a stenographer and bookkeeper, the expense of which shall be borne by the county, and shall not exceed $125.00 (one hundred and twenty-five dollars) per month. The said Clerk shall be elected by the qualified voters of the county at a specia: election to be called by the Ordinary of Clarke County not later than thirty days after the passage of this Act, in the same manner and under the same rules and regulations as elections for members of the General Assembly, the expense of raid election to be paid in the same manner as elections of county officers, and shall hold office until January 1, 1943, and until his successor is elected and qualified; and the successor of said Clerk shall be elected at the general election to be held for state and county officers in the year 1942, and every four years thereafter, at the elections held for state officers, and the term of office shall be for four years from the first of January next succeeding the date of election. The compensation of said Clerk shall not be less than $300.00 (three hundred dollars) per month, payable monthly by the Board of Commissioners. Should a vacancy occur in said office of Clerk, the same shall be filled as is now provided for filling vacancies in the Board of Commissioners of Roads and Revenues of Clarke County, Georgia.
"After the election above provided for the name of the candidate receiving the

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409

highest number of votes shall be certified to the Governor by the Ordinary of Clarke County and he shall be commissioned by the Governor."
Section 2. This Act shall not become operative until the same has been approved by the qualified voters of Clarke County, Georgia, voting at an election to be called by the Ordinary of said county within thirty days after the approval of this Act by the Governor. Notice of said election shall be published in the newspaper in which are published the sheriff's advertisements of said county, once a week for two weeks prior to said election. Said election shall be held in the same manner, and under the same rules and regulations as are elections for members of the General Assembly in said county. All persons voting in favor of this Act becoming operative at said election shall have written or printed on their ballots the words "For election of a Clerk to the Board of Commissioners by the people", and those voting in said election against this Act becoming operative shall have written or printed on their ballots "Against the electio!l of a Clerk of the Board of Commissioners by the people." The returns of said election shall be canvassed by the Ordinary and he shall declare the result of the dection. In the event that a majority of those voting in said election shall vote for the election of a Clerk of the Board of Commissioners by the people, this Act shall be of force and effect. Should a majority of those voting in said election vote against the election of a Clerk of the Board of Commissioners by the people, this Act shall be void and of no force.
Section 3. Be it further enacted by the authority aforesaid that on the date on which the referendum referred to in Section 8 is submitted to the qualified voters of Clarke County an election shall be held for the office of Clerk of the Board of Commissioners of Clarke County and all candidates for the office of Clerk of the Board of Commissioners of Clarke County shall file a written notice of their intention to become candidates in said election with the Ordinary of Clarke County at least twenty days before said election. The Ordinary of Clarke County is directed and authorized to print the ballots on which shall be placed the names of candidates for the office of Clerk of the Board of County Commissioners who have qualified with him as is heretofore provided. The candidate receiving the highest number of votes in the election so called shall be declared by the Ordinary as the Clerk of the Board of Commissioners of Roads and Revenues in case a majority of the qualified voters voting in said election vote for the election of the Clerk of the Board of Commissioners of Clarke County by the people and said candidate shall in such event take office as hereinbefore provided.
Section 4. Be it further enacted by the authority aforesatd that said clerk of the Board of Commissioners of Roads and Revenues of Clarke County shall not be permitted to engage in the general practice of law nor shall said Clerk accept any other employment than that provided for in this bill, except such employment as may be authorized by said Board of Commissioners of Roads and Revenues, which in the judgment of said Board is to the interest of the government of Clarke County.
Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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JOURNAL OF THE SENATE,

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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate, favorably reported by the committee, was taken up for consideration:
By Senator Harrell of the 7th district-
Senate Resolution No. 45. A resolution providing for assurance of necessary funds to maintain a seven months school term; and for other purposes.
The committee offered the following substitute, which was adopted:
A RESOLUTION
Whereas, the House of Representatives has unanimously passed the following resolution:
"Whereas, the state auditor certifies that the state lacks $5,250,000 having sufficient revenue to complete the financing of the public schools of Georgia for a full seven months program; and,
"Whereas, many city and county boards of education have operated the schools in their respective cities and counties beyond the point where anticipated revenue will fully finance them, believing the State Legislature will make the necessary provisions for the remainder of the seven months program; and,
"Whereas, the teachers in the public schools of Georgia are going without definite assurance of ever getting paid unless the state meets the obligation of financing seven full months of the public schools of Georgia, which the laws of the State of Georgia say the state shall do and for which appropriations have been made; therefore,
"Be It Resolved:
" ( 1) That this body commit itself to the propositiOn of providing the amount of funds needed to complete a seven months school term before this body has adjourned this session of the Legislature; and
"(2) That provision be made as promptly as possible during this session of the Legislature to remove the uncertainty of school financing with which the schools of Georgia are now confronted.
"(3) That this body officially inform the state board of education of its attitude on the matter of a seven months school term for the public schools of Georgia and advise the state board of education to inform the city and county boards of what they may expect with reference to a full term of school;" and,
Whereas, It is the purpose of the Senate to co-operate in every way with the

WEDNESDAY, FEBRUARY 22, 1939

411

House of Representatives in adequately financing the seven-months school term by the State; now,
Therefore, Be It Resolved, that this body endorses the sentiment and purposes of the aforesaid resolution; and that this body pledge itself to co-operate with the House of Representatives in carrying out the terms of the aforesaid resolution, thus encouraging the school systems of the state to run the full seven months term; and
Be It Further Resolved, that a copy of this resolution be transmitted to the House of Representatives and to the state board of education.
The resolution was adopted by substitute.
The following bills of the House and Senate were read the third time and put upon their passage:
By Messrs. Grayson, Atkinson ,and MeN all of Chatham-
House Bill No. 345. A bill to amend the charter of tl_le City of Savannah, relative to a pension fund for city employees; and for other purposes.
The committee offered the following amendment, which was adopted:
To amend House Bill No. 345 by striking from the fourth and fifth lines of Section 6 thereof the following language: "for the term of office for which he was elected" so that said Section 6 as amended shall read as follows:
"Section 6. Bt it further enacted by the authority aforesaid that from and after the passage of this Act the mayor and aldermen of the City of Savannah are hereby authorized and empowered to prescribe by ordinance a salary for the chairman of the Finance Committee. Said salary to be in addition to the compensation now received, as a member of the board of aldermen. The chairman of the Finance Committee is authorized and empowered to supervise the financial affairs of the City of Savannah and to supervise and direct the comptroller of the City of Savannah in the management of the fiscal affairs of the mayor and aldermen of the City of Savannah."
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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Claxton of Johnson-
House Bill No. 260. A bill to amend the several Acts incorporating 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.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Chastain of the 41st district-
Senate Bill No. 53. A bill to fix the responsibility of all persons, firms and corporations engaged in transporting pupils, teachers or school officials to and from school or any school activities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Redman of the 26th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senator Brinson of the 42nd district-
Senate Bill No. 9. A bill to provide for public pensions for aged farmers; and for other purposes.
The committee offered the following substitute, which was adopted:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 1, of Section I, of Article 7, of the constitution of the State of Georgia so as to provide for the payment of pensions to farmers, to be administered by the state department of public welfare; and for other purposes.
Be It Resolved by the General Assembly of Georgia that Paragraph I, of Section 1, of Article 7, of the constitution of Georgia be and the same is hereby amended by adding at the end of the said paragraph the following language:
"To authorize the levy of taxes for and to make provision for the payment of pensions to farmers who are residents of the State of Georgia, provided that no person shall be entitled to the pension herein authorized who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly which may be in force and effect, prescribing the qualification fnr beneficiaries hereunder, provided that no indebtedness against the state shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under the Acts of the General Assembly authorized hereunder."
Be It Further Resolved by the General Assembly that when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the "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

WEDNESDAY, FEBRUARY 22, 1939

413

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 ;tmendment to the constitution shall have written or printed on their ballots the words: "For ratification of amendment to Paragraph I, Section 1, Article 7, of the constitution, providing for pensions to farmers." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph 1, Section 1, Article 7, of the constitution, providing for pensions to farmers." And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this state, declaring the amendment ratified.
Be It Further Resolved by the General Assembly that any and all provtstons of law and parts of laws in conflict with this amendment be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

Senator Howe of the 38th district asked unanimous consent to be allowed to cast his vote at this time and retire, and the consent was granted.

The Senator voted "aye" and was so recorded.
The bill, by substitute, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Boy kin Brannen Brinson Brooks Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy Dunn Durden

Estes Harrell Hass Holt Howe Ingram Lindsay Manning Mavity McCranie McGinty Millican Moate New

Those voting in the negative were Senators:

Abbot

Smith, 12th

Nix Padgett Palm our Redman Sanders Sears Smith, 24th Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 2.
Not voting: Senators Brown, Fortson, Groover, Jordan, Kelly, Moore, Thomason, Bridges.
By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional two-thirds majority, was passed by substitute.
Senator Brinson of the 42nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
The following message was received from the House through Mr. Greer, the derek: thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Senator Cail of the 17th district, and othersSenate Resolution No. 23 (47). Providing for the issuance of highway refunding
bonds to cover payments due on highway refunding certificates due March 25, 1939, 1940 and 1941 ; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Jones of PauldingHouse Bill No. 362. A bill to authorize the ordinary of Paulding county to
create and establish restricted zones or districts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Senator Smith of the 24th districtSenate Bill No. 130. A bill relating to the erection and maintenance of a proposed mill structure over the east end of the Fourteenth Street bridge in the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passea. The following message was received from the House through Mr. Greer, the clerk: thereof:

WEDNESDAY, FEBRUARY 22, 1939

415

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. 235. A bill to be entitled an Act to amend Georgia Laws, Extra Session, 1937-38, by striking Paragraph 18 and inserting in lieu thereof a new paragraph; and for other purposes.

The following bill of the Senate was read the third time and put upon its passage:
By Senators Brannen of the 49th, Durden of the lOth, Causey of the 4th and Moate of the 20th districts-

Senate Bill No. 97. A bill to amend the constitution to provide for annual sessions of the General Assembly; and for other purposes.

The report of the committee, which was favorable to the passage of the hill, was agreed to.
The bill, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Cloud

Daves Dorminy Durden Estes Harrell Hass Holt Ingram Lindsay Manning Mavity McCranie

Those voting in the negative were Senators:

McGinty Moate Moore New Padgett Sears Smith, 24th Twiggs Warnell Williams, 21st Williams, 31st Williamson

Dawson Dunn Groover

Millican Nix Sanders

Smith, 12th Thrasher

On the passage of the bill, the ayes were 36, nays 8.

Not voting: Senators Fortson, Howe, Jordan, Kelly, Palmour, Redman, Thomason.
By unanimous consent, the verification of the roll call was dispensed with.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional two-thirds majority, was passed.
Senator Brannen of the 49th district asked unammous consent to have the bill immediately transmitted to the House, and the consent was granted.
The bill, as passed by the Senate, read as follows:

A BILL
To be entitled an Act to amend Article 3, Section 4, Paragraph 3, of the constitution of the State of Georgia by striking therefrom certain language specified in this Act and substituting in lieu thereof certain other language also specified in this Act, so as to provide for annual sessions of the Georgia General Assembly in lieu of the bi-ennial sessions by proposing to the qualified electors of this State such an amendment to the present constitution; 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 there shall be proposed to the qualified electors of Georgia, to be voted on at the next succeeding general election hereafter, an amendment to the constitution of the State of Georgia as follows: By striking from Article 3, Section 4, Paragraph 3, all of said Paragraph 3, of said Section 4. which reads as follows:
"Paragraph III. The General Assembly shall meet on the second Monday in January, 1933, and bi-ennially thereafter on the same date until the day shall be changed by law. Such session shall continue no longer than ten ( 10) days, and the only business which shall be transacted thereat, shall be the election of officers of the General Assembly and the organization of same; the inauguration of the Governor-elect, and other State-House officers, whose terms of office run concurrently with that of the Governor; the election, or appointment of committees of each House; tlie election of the Governor and other State-House officers, in the event of no election by the people as under the present provisions of this constitution; the decision of contested elections for Governor and other officers as under present provisions of the constitution, and the introduction and first reading of bills and resolutions; the impeachment of public officers and trial thereof; provided, that if, at the end of ten ( 10) days, an election or contest, or actual trial of impeachment, is pending, the session may be prolonged until all such officers shall be elected, so declared and finally inaugurated or installed in office.
"The General Assembly shall reconvene in regular session on the second Monday after the 4th of July, 1933, and bi-ennially thereafter on the same date until the date shall be changed by law. No such regular session of the General Assembly shall continue longer than sixty days. PROVIDED, that if, an impeachment trial is pending at the end of sixty (60) days, the session may be prolonged until completion of said trial. PROVIDED further, that the General Assembly, by concurrent resolution adopted by the votes of a majority of a quorum of House

WEDNESDAY, FEBRUARY 22, 1939

417

and Senate during said special session above provided for, and approved by the Governor, is hereby authorized to fix a date for reconvening in regular :;ession prior to date above provided for, in lieu of the date definitely fixed hereinabove.
"The terms of the present incumbents of the offices of Governor and those which are the same as the Governor shall expire upon the inauguration of the Governor at the first bi-ennial session held under the provisions hereof in January, 1933." and substituting in lieu therefor the following language: The General Assembly shall meet in regular session on the second :Monday in January, 1941, and annually thereafter on the same date until the date shall be changed by law. Such regular sessions shall continue not longer than fifty (50) days each year and shall be for the purpose of the enactment of general and local legislation. Provided, however, that the annual session next following each general election shall have also for its purpose organization of the two branches of the General Assembly and inauguration of the Governor and State-House officials whose terms of office run concurrently with that of the Governor. P~ovided further, that if an impeachment trial is pending at the end of any regular session of fifty (50) days, such session shall be prolonged until completion of any such impeachment trial.
SECTION 2.
Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed upon by two-thirds of the members elected to each of the two Houses of the General Assembly, and that result has been entered in the journals of each House, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such proposed amendment to the Constitution to be published in one or more newspapers in each congressional district of this state once a week for two months next preceding the time of holding the next general election.
SECTION 3.
Be it further enacted by the authority aforesaid that the foregoing proposed amendment to the constitution shall be submitted for ratification or rejection to the qualified electors of this state at the next general election to be held following the publication provided in Section 2 of this Act, in the several election districts of this state, at which election every person shall be qualified to vote thereon 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 Article 3, Section 4, Paragraph 3, of the constitution of this stae, providing for annual sessions of the General Assembly"; 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 3, Section 4, Paragraph 3, of the Constitution providing for annual sessions of the General Assembly". lf the people ratify the foregoing amendment to the constitution by a majority of the electors qualified to vote for members of the General Assembly voting in the affirmative 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 are returns for members of the General

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JOURNAL OF THE SENATE,

Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the same to the Governor who shall, if such amendment be ratified, make proclamation thereon.
SECTION 4.
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 President asked unanimous consent to extend the session of the Senate until 1:30 p. m., in order to dispose of important pending matters, and the consent was granted.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senators Sanders of the 36th districtSenate Bill No. 72. A bill to fix the taxable situs of intangible trust property;
and for other purposes.
The committee offered the following amendment, which was adopted:
Committee moves to amend Senate Bill No. 72 by adding after the word "property" in line 1 the following "which trust was or is created by a resident of this state".
'lhe 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 27, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Nix of the 32nd and Senator Causey of the 46th districts-
Senate Bill No. 44. A bill to provide for public assistance to disabled, indigent persons who are 50% disabled from earning a livelihood; and for other purposes.
Senator Millican of the 52nd district moved that further action on the bill be postponed until Tuesday, February 28th, and the motion prevailed.
By Senator Millican of the 52nd district-
Senate Bill No. 55. A bill authorizing judges of the superior courts to continue
grand juries in session beyond any term of court for which they were originally impanelled; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 1.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 22, 1939

419

By Senator Forrester of Crisp--
House Bill No. 5. A bill to authorize all fiduciaries, including executors, ad-
ministrators, guardians, trustees, and insurance companies to invest trust funds m bonds issued by school districts; and for other purposes.
The report of the committee, which was favorable to thr passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Lindsay of the 34th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senators Smith of the 24th, Millican of the 52nd, and Lindsay of the 34th districts-
Senate Bill No. 77. A bill amending the Code of 1933 relating to the real estate commission 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 67. A bill to provide for exemption of drivers, operators and members of publicly-owned fire departments from tort liability for personal and property damages in case of accident while proceeding to or returning from a fire alarm; and for other purposes.
Senators Harrell of the 7th and Lindsay of the 34th districts offered the following amendment:
Amend Section 1 of Senate Bill No. 67 as follows: Striking the period at the end of Section 1 and inserting a comma, and adding the following words:
"unless such injuries are caused by willful or wanton negligence of such operator of such vehicle or apparatus."
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, the ayes were 31, nays 5.
The bill, having received the requisite constitutional majority, was passed as amended.

420

JOURNAL OF THE SENATE,

By Senator Brooks of the 8th district-

Senate Bill No. 102. A bill to amend the Code of 1933 by reducing the age of persons eligible to secure a driver's license from 16 to 14 years of age; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Senator Harrell of the 7th district moved the previous question on the passage of the bill, and the motion prevailed.

On the passage of the bill, Senator Williams of the 31st district called for the ayes and nays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voti11g in the affirmative were Senators:

Abbot Brinson Brooks Brown Causey Chastain Cochran Cloud Dawson Dorminy

Harrell Hass Holt Howe Ingram Manning McCranie McGinty Moate Moore

Those voting in the negative were Senators:

Nix Padgett Sears Smith, 12th Smith, 24th Twiggs Warnell Williams, 21st Williams, 31st Williamson

Boykin Bridges Cail Daves

Dunn Durden Estes Mavity

Millican Thrasher

On the passage of the bill, the ayes were 30, nays '10.

Not voting: Senators Brannen, Fortson, Groover, Jordan, Kelly, Lindsay, Palmour, Redman, Sanders, Thomason, New.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed.

Senator Harrell of the 7th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.

By Senators Howe of the 38th, Harrell of the 7th and Brinson of the 42nd districts-

Senate Bill No. 137. A bill to prohibit clerks of the courts, ordinaries, their

WEDNESDAY, FEBRUARY 22, 1939

421

deputies, employees and agents, justices of the peace and notaries public ex-officio justices of the peace from drawing or preparing any deed, mortgage, lien, conveyance or will, whether with or without compensation; and for other purposes.

Senator Durden of the lOth district asked unanimous consent that the Senate remain in session until action on the bill was completed, and the consent was granted.

Senator Sanders of the 36th district moved the previous question on the bill and all amendments, and the motion prevailed.

Senator Lindsay of the 34th district moved to amend Senate Bill No. 137 as follows: By striking the words in Section 1 which read as follows: "or any justice of the peace or notary public ex-officio justice of the peace, or any other county officer."

To further amend by striking from the caption the words "and other county officers" and to strike from the caption the words "the justices of the peace and notaries public ex-officio justices of the peace."

The amendment was adopted.

Senator Cloud of the 19th district moved to amend Senate Bill No. 137 by adding at the end of Section 1 the following: "Provided this Act does not apply to ordinaries who are practicing attorneys."

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, Senator McCranie of the 48th district called for the ayes and nays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Bridges Brinson Brown Cail Causey Cloud Daves Dorminy

Dunn Durden Groover Harrell Holt Howe Ingram Lindsay Mavity

Those voting in the negative were Senators:

Boy kin Chastain Cochran Dawson

Estes Hass Manning McCranie

McGinty Millican Moate Moore New Palmour Sanders Thrasher Twiggs
Nix Padgett Sears Smith, 12th

422

JOURNAL OF THE SENATE,

Smith, 24th Warnell

Williams, 21st Williams, 31st

Williamson

On the passage of the bill, the ayes were 27, nays 10.

Not voting: Senators Brannen, Brooks, Fortson, Jordan, Kelly, Redman, Thomason.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Howe of the 38th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.

Under a previous motion of Senator Durden of the lOth district, the President Pro-Tem, presiding, announced the Senate adjourned until tomorrow morninj! at 10 o'clock.

THURSDAY, FEBRUARY ~3, 1939

423

Senate Chamber, Atlanta, Georgia,
Thursday, February 23rd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Durden of the lOth district asked unanimous consent that the call of the roll be dispensed with, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Palmour of the 33rd district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Lindsay of the 34th district asked unanimous consent to have the Secretary read Senate Rule No. 112, and the consent was granted.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and House bills and reso-
lutions.
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 Senator Sa~ders of the 36th district-
Senate Bill No. 160. A bill to repeal an Act entitled "Penal Administration Board"; to transfer the powers and duties of said board to the prison and parole commission; and for other purposes.
Referred to Committee on Penitentiary.
By Senators Millican of the 52nd and Abbot of the 18th districts-

424

JOURNAL OF THE SENATE,

Senate Bill No. 161. A bill to amend Article 13, Section 1, Paragraph 1, of the constitution of Georgia so as to provide that proposed amendments affecting only a county or municipality be submitted only to the voters of such county or municipality; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Manning of the 39th district-
Senate Bill No. 162. A bill to amend Section 45-308, Georgia Code of 1933, for the purpose of changing the open season for hunting Bob White quail; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Dunn of the 22nd district-
Senate Bill No. 163. A bill to provide for the proper execution, filing and recording of birth and death certificates; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Jordan of the 15th district-
Senate Bill No. 164. 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.
By Senators Smith of the 24th, Groover of the 37th and Nix of the 32nd districts-
Senate Bill No. 165. A bill to require railroad carriers to equip trainmen engaged in switching and train movements in intra-state commerce with electric hand lanterns; to prohibit oil lanterns; and for other purposes.
Referred to Committee on Industrial Relations.
The following resolution of the Senate was introduced, read the first time and referred to committee:
By Senator Brinson of the 42nd district-
Senate Resolution No. 47. A resolution changing Rule 112 of the Senate.
Referred to Committee on Rules.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:

THURSDAY, FEBRUARY 23, 1939

425

Senate Bill No. 151. Do pass.
Respectfully submitted,
Abbot of 18th district, chairman. Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary have had under consideration the fol-
lowing bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following reccommendations:
House Bill No. 254. Do pass.
House Bill No. 433. Do pass. Respectfully submitted, Sanders of 36th district, chairman.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President: Your Committee on Privileges and Elections have had under consideration the
following bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 113. Do pass.
House Bill No. 125. Do pass.
House Bill No. 197. Do pass.
House Bill No. 368. Do pass. Respectfully submitted, McCranie of 48th district, chairman.
Mr. Williams of the 21st district, chairman of the Committee on Public Service, 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. 51-214 A. Do pass. House Resolution No. 46-186 B. Do pass, as amended.
Respectfully submitted, Williams of 21st district, chairman.

426

JOURNAL OF THE SENATE,

The following bills of the House, favorably reported by the committees were read the second time:
By Mr. Guyton of Effingham-
House Bill No. 113. A bill to require all voters in primary elections in certain counties to sign a book to be known as the "Voters Identification Book"; and for other purposes.
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 125. A bill to extend the penal laws of the State of Georgia to illegal practice in general elections to all primary elections; and for other purposes.
By Messrs. Cobb of Oconee and Sabados of Dougherty-
House Bill No. 197. A bill to provide for the registration of voters in all counties in the state where the registration books and records have been destroyed by fire or otherwise; and for other purposes.
By Messrs. Lovett and Evans of Laurens-
House Bill No. 254. A bill repealing an Act creating the city court of Dublin, by providing for the salary of the judge and solicitor of the city court; and for other purposes.
By Mr. Ennis of Baldwin-
House Bill No. 368. A bill repealing an Act entitled "all candidates for the General Assembly in counties of population of 22,878 to 22,882 who qualify for seats in the General Assembly to designate the incumbent they oppose"; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 433. A bill to amend an Act establishing the city court of Wrightsville in Johnson county relative to jurors; and for other purposes.
The following resolutions of the House, favorably reported by the committees were read the second time:
By Mr. Guyton of Effingham-
House Resolution No. 46-186 B. A resolution to supply Effingham county with certain volumes .of supreme court reports; and for other purposes.
By Messrs. Rountree and Flanders of Emanuel-
House Resolution No. 51-214 A. A resolution authorizing the state librarian to furnish certain l'aw reports to Emanuel county; and for other purposes.
The following bill of the Senate, favorably reported by the committee, was read the second time:

THURSDAY, FEBRUARY 23, 1939

427

By Senator Warnell of the 1st district-
Senate Bill No. 151. A bill to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution of Georgia so as to authorize the City of Savannah to incur an additional bonded indebtedness for the purpose of securing an industrial and domestic water supply; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Claxton of Johnson-
House Bill No. 476. A bill to be entitled an Act to authorize the mayor and council of the Gity of Wrightsville to pave streets; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 477. A bill to be entitled an Act to amend the charter of the City of Rossville; and for other purposes.
By Messrs. Aiken and Franklin of Bulloch-
House Bill No. 492. A bill to he entitled an Act to authorize the governing authorities of Statesboro, Georgia, to pass zoning ordinances; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 495. A bill to be entitled an Act authorizing Fulton county to establish and maintain parks; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 497. A bill to be entitled an Act authorizing Fulton county to establish and administer a fire prevention system; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 500. A bill to be entitled an Act to amend the charter of the City of Dublin; and for other purposes.
By Mr. DeFoor of Mcintosh-
House Bill No. 509. A bill to be entitled an Act to amend the Act creating the board of county commissioners of Mcintosh county; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 512. A bill to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for Clayton county; and for other purposes.

428

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. Bell of Grady-
House Bill No. 370. A bill to be entitled an Act to amend an Act approved December 22, 1937, relative to county board; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Gross of Stephens-
House Bill No. 235. A bill to amend an Act amending Title 68 (Motor Vehicles) approved December 24, 1937, referring to allocations of funds; and for other purposes.
Referred to Committee on Highways and Public Roads.
J3y Mr. Claxton of Johnson-
House Bill No. 476. A bill authorizing the mayor and council of the City of Wrightsville to build, pave, improve streets, etc., in said city; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 477. A bill to amend the charter of the City of Ro~sville, providing for the election of additional police officers and firemen; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Aiken and Franklin of BullochHouse Bill No. 492. A bill authorizing the mayor and council of the City
of Statesboro to pass rules whereby the city may be zoned for various uses; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of FultonHouse Bill No. 495. A bill authorizing Fulton county to establish and maintain
parks; and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-

THURSDAY, FEBRUARY 23, 1939

429

House Bill No. 497. A bill authorizing Fulton county to establish and administer a fire prevention system; and for other purposes.
Referred to Committee on Counties and County lVlatters.
By Mr. Lovett of Laurens-
House Bill No. 500. A bill amending a new charter for the City of Dublin; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. DeFoor of Mcintosh-
House Bill No. 509. A bill to amend an Act creating commiSSIOners for Mcintosh county so as to have said commissioners elected for a term of two years; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Coogler of Clayton-
House Bill No. 512. A bill to amend an Act to create a board of commissioners of roads and revenues for Clayton county; and for other purposes.
Referred to Committee on Counties and County Matters.
The following bills of the House and Senate were read the third time and put upon their passage:
By Messrs. Wohlwender and Maxwell of Muscogee-
House Bill No. 282. A bill to change and fix the salaries of the judge and solicitor of the city court of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Mr. Dockery of Union-
House Bill No. 114. A bill to require the payment of fees or costs of the clerks and sheriffs of the superior court in all divorce and alimony cases in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Brooks of the 8th district-

430

JOURNAL OF THE SENATE,

Senate Bill No. 153. A bill amending an Act with reference to the Mitchell county board of commissioners of roads and revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Lindsay of the 34th district-
Senate Bill No. 154. A bill to amend an Act authorizing the election of commissioners of roads and revenues of DeKalb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin of Fulton-
House Bill No. 8. A bill amending the general tax act with reference to tax on electrical contractors; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Daves of the 14th district asked unanimous consent to have the Secretary read Senate Rule No. 111, and the consent was granted.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Culpepper of Fayette-
House Bill No. 159. A bill providing that Confederate soldiers shall receive pensions of $50 per month; and for other purposes.
Senators Millican of the 52nd and Lindsay of the 34th districts moved to amend House Bill No. 159 by adding at the end of Section 1 the following: "The several members eligible for this pension, but who. are inmates of the Confederate Soldiers Home in Atlanta, are hereby given $5.00 per month for incidental expenses."
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, the ayes were 39, nays 0.

THURSDAY, FEBRUARY 23, 1939

431

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Harrell of the 7th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted. By Senators Thomason of the 28th and Causey of the 46th districts-
Senate Bill No. 117. A bill to amend an Act to regulate the practice of chiropractic in the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Durden of the lOth District-
Senate Bill No. 139. A bill to amend an Act which provides for examination of applicants for license to practice osteopathy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th, and Holt of the 3rd districts-
Senate Bill No. 28. A bill to establish a state board of examiners in the basic sciences; and for other purposes.
The committee offered the following substitute:

A BILL TO BE ENTITLED
An Act to protect the public against unqualified practitioners of those professions whose licensed members are permitted to treat diseases, defects or injuries of human beings in any manner or by any method; to require each person before making application to any board of this state for license to practice any of such professions to furnish the joint-secretary, state examining boards, certain statements and evidence relating to the applicant and his qualifications; to provide penalties for the violation of this Act and to repeal all laws and parts of laws in conflict with this Act.
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, before any person makes application to any board of this state for license to practice any profession whose licensed members are permitted to treat diseases,

432

JOURNAL OF THE SENATE,

defects or injuries of human beings in any manner or by any method, he must comply with the following requirements:

I. Furnish the joint-secretary, state examining boards, the following:

( 1) A statement showing his full name, when and where he was born and where he has resided for the past ten years and that he is a citizen of the United States.

(2) Finger prints of the applicant certified to be such by a notary public.

(3} Evidence in the form of certificates signed by the proper college or university authorities showing that the applicant has passed satisfactory examinations in all subjects requisite to a preliminary education equivalent to a standard college course of two years in a college or university of the same or higher standard as the University of Georgia as classified by the Association of American Universities.

I I. Exhibit to the joint-secretary, state examining boards, any and all diplomas issued to applicant from any professional school, and any and all licenses to practice any of such professions which may have been issued to the applicant by any other state or states or by the National Board of IVIedical Examiners, and any and all hospital certificates which may have been issued to him.

SECTION 2. Be it further enacted by the authority aforesaid that the failure of any person applying for any such license to comply with the foregoing section shall render such person ineligible to stand any examination to practice any one or more of said professions or to receive any license by comity to practice any one or more of said professions, and any license issued to any such person in violation of this Act shall be void. Any person practicing any one or more of such professions under a license or licenses obtained in violation of this Act shall be guilty of a misdemeanor and shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933.

SECTION 3. Be it further enacted by the authority aforesaid that any board which issues any license in violation of this Act shall revoke or cancel such license. The procedure in such revocation or cancellation shall be in accordance with the provisions of the Act under which such license or licenses was issued, for the cancellation or revocation of licenses generally.

SECTION 4. Be it further enacted by the authority aforesaid that no

provision of this Act shall be construed as repealing any statutory provision now

in force at the time of its passage with reference to the requirements covering the

issuing of licenses referred to in this Act.



SECTION 5. Be it further enacted by the authority aforesaid that the unconstitutionality of any part of this Act shall not be construed as invalidating any other part thereof.

SECTION 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed.

The committee offered the following amendments to the substitute, which were adopted.

THURSDAY, FEBRUARY 23, 1939

433

The committee moves to amend the substitute for Senate Bill No. 28, same being "A bill to be entitled an Act to protect the public against unqualified practitioners of those professions whose licensed members are permitted to treat diseases, defects or injuries of human beings", by adding to Section 1 of said bill the following:
"In the event the joint-secretary, state examining boards rules that any person has failed to meet the requirements of Section 1 of this Act, such person shall have the right within ten days after notice to him by the joint-secretary, state examining boards, of such ruling to appeal therefrom to the state superintendent of schools. The appeal shall be made by a written notice by such person to the state superintendent of schools setting out the objections to the said ruling. Upon receipt of such notice, the state superintendent of schools shall examine all evidence and documents furnished by such person to the joint-secretary, state examining boards under Section 1 of this Act and shall within ten days after such notice render his decision as to whether or not such person has c01pplied with Section 1 of this Act.
And to further amend Substitute for Senate Bill No. 28, by adding after Section 4 a new section to be designated Section 4-A, to read as follows:
"Be it further enacted by the authority aforesaid that the provisions of this Act shall not apply to those students who are now pursuing the study of any profession whose licensed members are permitted to treat diseases, defects or injuries of human beings in any manner or by any method, and have completed at least one year of study in a college or university teaching methods of treating disease, defects or injuries of human beings, before the 1st day of July, 1939.
Senator Howe of the 38th district offered the following amendment to the substitute:
Senator Howe of the 38th district moves to amend Substitute for Senate Bill No. 28 by striking from Section I, sub-section ( 1) thereof, the words "and that he is a citizen of the United States."
The amendment was adopted.
The substitute was adopted as amended.
On the passage of the bill by subst~tute, the ayes were 21, nays 14.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Cail of the 17th district gave notice that at the proper time he would move to reconsider the action of the Senate in defeating Senate Bill No. 28.
By Senator Manning of the 39th district-
Senate Bill No. 43. A bill increasing the speed limit of certain motor vehicles
to 50 miles per hour; and for other purposes.
On motion of Senator Manning of the 39th district, further action on this bill was postponed until Monday, February 27, 1939.

434

JOURNAL OF THE SENATE,

By Senator Estes of the 35th district-
Senate Bill No. 122. A bill to fix the time of registration of motor vehicles on or before January 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Estes of the 35th district-
Senate Bill No. 125. A bill to provide that auto license tags shall be sold during the months of November and Drcember 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Estes of the 35th asked unanimous consent to have Senate Bills Nos. 122 and 125 immediately transmitted to the House, and the consent was granted.
By Senators Durden of the lOth, Spivey of the 16th and Harrell of the 7th districts-
Senate Bill No. 123. A bill to provide that "The Georgian Waltz" be adopted as the official Georgia waltz; and for other purposes.
The authors of the bill offered the following substitute, which was adopted:
A RESOLUTION
Whereas, the State of Georgia has never officially adopted an official Georgia Waltz, and
Whereas, the "Georgian Waltz" is a most beautiful and delightful waltz, and
Whereas, the said "Georgian Waltz" was written by prominent Georgians,
Therefore be it resolved by the Senate of the State of Georgia, and the House concurring, that the ''Georgian Waltz" by Remus Harris and Irving Melsher be and the same is hereby adopted as the official Waltz of the State of Georgia.
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, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 23, 1939

435

By Mr. Coogler of Clayton-
House Bill No. 131. A bill to amend the Code of 1933 relating to recovery on part of husband and/or surviving children for wrongful death of wife or mother; and for other purposes.
Senator Millican of the 52nd district offered the following amendment, which was adopted :
Amend by adding a new section to be known as Section 2: "That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed."
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, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Millican of the 52nd district-
Senate Bill ]\'"o. 65. A bill to amend the Code of 1933 to punish by imprisonment witnesses who fail to answer subpoenas; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Bill No. 45. A bill to amend the Code of 1933 so as to permit the bringing of a suit under Section 53-208 by the father or mother, if living, or the guardian or legal representative of either of the contracting parties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 7.
The bill, having received the requisite constitutional majority, was passed.
By Senators Holt of the 3rd, Brooks of the 8th, McGinty of the 43rd, Chastain of the 41st and Durden of the lOth districts.
Senate Bill No. 144. A bill to regulate and enlarge the powers of co-operative marketing associations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. The following communication was read for the mformation of the Senate:

State of Georgia
Executive Department
E. D. Rivers, Governor
Atlanta, February 22, 1939.
Honorable John B. Spivey, President, and Members of the State Senate, State Capitol, Atlanta, Georgia.
Dear Mr. President and Senators:
Your resolution No. 45, has been transmitted to the state board of education.
The state board has met and carried out the instructions of this resolution that we inform the city and county school boards of your action with reference to the schools. We have sent a copy of this resolution to each county and city school superintendent with instructions that it be immediately presented to the local county or city board.
On the faith of this action by your body we have requested the local school boards not to close their schools but to keep them open and have requested them to give publicity on this fine action on your part.
The state board of education unanimously expresses its gratitude and appreciation for your pledge in this behalf and thanks you sincerely for meeting this crisis and preventing the closing of the schools at this time.
Respectfully submitted,
State Board of Education,
E. D. Rivers, chairman,
M. D. Collins, executive secretary.
Senator Durden of the lOth district moved that the Senate do now adjourn, and the motion prevailed.
Senators Williams of the 21st district and McGinty of the 43rd district were granted leaves of absence for Friday, February 24th.
Senator Harrell of the 7th district, acting for the President, announced the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, FEBRUARY 24, 1939

437

Senate Chamber, Atlanta, Georgia,
Friday, February 24th, 1939.
The Senate met pursuant to adjournment at 10 o'clock 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 to dispense with the call of the roll, and the consent ":'as granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, after reading to the Senate the Journal of the preceding session in its entirety, reported the same as correct, and the Journal was confirmed.
Notice having been given on yesterday of a motion to reconsider the action of the Senate in lefeating Senate Bill No. 28, Senator Holt of the 3rd district moved that the Senate reconsider its action in defeating the following bill:
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the 3rd districts-
Senate Bill No. 28. A bill establishing a state board of examiners in the basic sciences; and for other purposes.
On the motion to reconsider, the ayes were 8, nays 19, and the motion was lost.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
I. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Moate of the 20th district-

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JOURNAL OF THE SENATE,

Senate Bill No. 79. A bill to be entitled an Act to fix the bond of the sheriff of Hancock county; and for other purposes.
By Senator Cloud of the 19th district-
Senate Bill No. 110. A bill to be entitled an Act to abolish the offices of tax receiver and tax collector and create in lieu thereof the office of tax commissioner; and for other purposes.
By Senator Jordan of the 15th district-
Senate Bill No. 121. A bill to be entitled an Act to amend the Act creating the office of commissioner of roads and revenues of Wheeler county; and for other purposes.
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Claxton of Johnson and Lovett of Laurens-
House Bill No. 453. A bill to be entitled an Act to amend an Act creating the city court of Dublin; and for other purposes.
By Mr. Saunders of Harris-
House Bill No. 519. A bill to be entitled an Act amending the Act fixing the compensation of the members of the board of commissioners of roads and revenues of Harris county; and for other purposes.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 520. A bill to be entitled an Act to amend the Act to establish the city court of Macon; and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 547. A bill to be entitled an Act to amend the Act creating the board of commissioners of roads and revenues for the county of Walton; and for other purposes.
By Mr. Rawlins of Telfair-
Hause Resolution No. 141-533 A. A resolution providing for payment of premium on surety bo.nds of clerk and deputy clerk of the superior court of Telfair county from the county funds; and for other purposes.
By Mr. Elliott of Muscogee-
House Resolution No. 163. A resolution amending the invitation heretofore extended to the Hon. Mr. Rukeyser and providing for a joint session at 12 o'clock noon on Friday, February 24th, 1939; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:

FRIDAY, FEBRUARY 24, 1939

439

Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. Lovett of Laurens-
House Bill No. 320. A bill to be entitled an Act to amend an Act relating to the board of commissioners of roads and revenues of Laurens county; and for other purposes.
Th~ following bills of the Senate were introduced, read the first time, and referred to the committees:

By Senator Durden of the lOth district-

Senate Bill No. 166. A bill to amend an Act establishing a board of optometry, so as to provide rules and regulations governing the practice of optometry in the state; and for other purposes.

Referred to Committee on State of Republic.

By Senators Falmour of the 33rd, Mavity of the 44th, Nix of the 32nd, Brinson of the 42nd and 23 others-

Senate Bill No. 167. A bill to require the holding of presidential preference primaries; fixing the time for such primaries; providing the machinery therefor; and for other purposes.

Referred to Committee on Privileges and Elections.

By Senator Manning of the 39th district-

Senate Bill No. 168. A bill to be entitled an Act to require the furnishing of annual financial statements by all corporations having a place of business in Georgia or doing general business in Georgia; and for other purposes.

Referred to Committee o11 Corporations.

By Senators Nix of the 32nd, Manning of the 39th and Ingram of the 51st districts-

. Senate Bill No. 169. A bill to be entitled an Act to amend the Neill-Traylor

Act authorizing the highway board to add to the state aid system a certain road

off in Dawson county, Forsyth county, also a branch leading

this road by the

way of Shiloah into Cherokee county; and for other purposes.

Referred to Committee on Highways and Public Roads.

The following resolution of the Senate was introduced, read the first time and referred to committee:

By Senator Brooks of the 8th districtSenate Resolution No. 48. A resolution that the first ten amendments to

440

JOURNAL OF THE SENATE,

the United States constitution be and the same are hereby ratified; and for other purposes.
Referred to Committee on State of Republic.
Senator Sanders of the 36th district asked unanimous consent to have the following bill of the House withdrawn from the Com111ittee on Highways and Public Roads, read the second time, and re-committed:
By Mr. Gross of StephensHouse Bill No. 235. A bill allocating funds derived from motor vehicle
licenses to the rural post roads division of the state highway department; and for other purposes.
The consent was granted.
Mr. Millican of the 52nd 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. 369. Do not pass. House Bill No. 428. Do pass. House Bill No. 509. Do pass. House Bill No. 497. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
Mr. Twiggs of the 40th 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 133. Do pass. Senate Bill No. 120. Do not pass. House Bill No. 316. Do pass. House Bill No. 209. Do pass.
Respectfully submitted,
Twiggs of 40th district, chairman.

FRIDAY, FEBRUARY 24, 1939

441

Mr. Brown of the 4th 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. 83. Do pass.
Respectfully submitted,
Brown of 4th district, chairman.
Mr. Durden of the lOth 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 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:
Senate Bill No. 159. Do pass, as amended by the committee.
House Resolution No. 145. Do pass.
Respectfully submitted,
Durden of lOth district, chairman.
The following bills of the House, favorably reported by the committees were read the second time:
By Mr. Davis of Floyd-
House Bill No. 209. A bill to amend Section 32-1012 of the Code of 1933, so as to make it mandatory upon the county to furnish an office in the courthouse for county superintendents of schools; and for other purposes.
By Mr. Yawn of DodgeHouse Bill No. 316. A bill to amend Section 32-902 of the code relating to
the election of members of the county boards of education of counties of a certain population; and for other purposes.
By Messrs. Merritt, Grice and Bloodworth of BibbHouse Bill No. 428. A bill to amend an Act establishing a board of commis-
sioners for Bibb county; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of FultonHouse Bill No. 497. A bill authorizing Fulton county to establish and ad-
minister a fire prevention system; and for other purposes.

442

JOURNAL OF THE SENATE,

By Mr. DeFoor of Mcintosh-
House Bill No. 509. A bill to amend an Act creating commissioners for McIntosh county so as to have said commissioners elected for a term of two years; and for other purposes.
The following bills of the Senate, favorably reported by the committees, were read the second time.
By Senator Sanders of the 36th district-
Senate Bill No. 83. A bill to delete and repeal Chapter 84-3 of the code relating to architects; and for other purposes.
By Senator Dorminy of the 45th district-
Senate Bill No. 133. A bill relating to the manner of selecting members of the county board of education in certain designated counties: and for other purposes.
By Senator Thrasher of the 27th district-
Senate Bill No. 159. A bill to specify qualifications of state employees; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Claxton of Johnson county and Lovett of Laurens-
House Bill No. 453. A bill to amend an Act creating the city court of Dublin, Laurens county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Saunders of Harris-
House Bill No. 519. A bill to amend an Act entitled an Act to fix the compensation of the members of the board of commissioners of roads and revenues of Harris county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Merritt, Bloodworth and Grice of BibbHouse Bill No. 520. A bill to amend "an Act to establish the city court of
Macon," Bibb county; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Almand and Preston of WaltonHouse Bill No. 547. A bill to amend an Act entitled "an Act to create a
board of commissioners of roads and revenues for the county of Walton"; and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, FEBRUARY 24, 1939

443

The following resolution of the House was read the first time and referred to committee:
By Mr. Rawlins of Telfair-
Hause Resolution No. 141-533. A resolution providing for payment of premium on surety bonds of clerk and deputy clerk of the superior court of Telfair county from county funds; and for other purposes.
Referred to Committee on Special Judiciary.
The President asked unanimous consent that at the conclusion of the joint session with the House today at 11 o'clock, the Senate stand automatically adjourned until lVlonday morning, February 27, at 10 o'clock, and the consent was granted.
Senator Bridges of the 9th district was granted leave of absence for today, due to illness.
Senator Cloud of the 19th district was granted leave of absence for Monday, February 27th, due to important business.
The following resolution of the House was read and adopted:
By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Resolution No. 145. A resolution inviting the A'Capella Choir of Milledgeville to appear before. a joint session of the General Assembly on Monday, February 27, at 10 o'clock.
The following resolution of the Senate was read and adopted:
By Senator Brinson of the 42nd district-
A resolution extending the privileges of the floor to Hon. Thomas J. Espy, Jr., of Summerville, and the Hon. Lamar Camp of Rome.
The hour of the joint session having arrived, the Senate repaired to the House of Representatives, to hear an address by the Hon. Merrill Rukeyser.
At the conclusion of the joint session, the Senate stood automatically adjourned until Monday morning, February 27th, at 10 o'clock.

444

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Monday, February 27th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
The hour of the joint session having arrived, as provided for under House Resolution No. 145, the Senate repaired to the hall of the House of Representatives to hear a musical program by the Milledgeville A'Capella Choir.
The President called the joint session to order.
The Hon. Max Noah, director of the A'Capella Choir, composed of young men and women of the Georgia State College for Women and the Georgia Military College, led his choristers in a beautiful rendition of spiritual songs which were greatly appreciated and enjoyed.
Upon the dissolution of the joint session, the Senate returned to its chamber and resumed the regular transaction of business.
Senator Smith of the 24th district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of th~ preceding session had been examined and found correct.
By wnanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof: The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

MONDAY, FEBRUARY 27, 1939

445

By Mr. Branch of Tift-
House Bill No. 521. A bill to be entitled an Act to amend the charter of the City of Tifton; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 523. A bill to be entitled an Act to amend the charter of the City of Fitzgerald ; and for other purposes.
By Messrs. Ford and Sumner of Worth-
House Bill No. 534. A bill to be entitled an Act to provide manner of fixing salary of the mayor of the City of Sylvester; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Millican of the 52nd district-
Senate Bill No. 170. A bill to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Holt of the 3rd district-
Senate Bill No. 171. A bill to be entitled an Act to authorize the City of Baxley to provide for a city authority which will be empowered to construct, ope.rate and maintain self-liquidating projects; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Millican of the 52nd districtSenate Bill No. 172. A bill to aid the Western & Atlantic Railroad by the
creation of a commission authorized to contract in the name and on behalf of the State of Georgia for the construction, occupancy, use and maintenance of income producing buildings, etc. ; and for other purposes.
Referred to Committee on Western & Atlantic Railroad.
By Senator Millican of the 52nd districtSenate Bill No. 173. A bill to amend an Act approved February 15, 1933,
entitled "An Act to repeal an Act approved August 18, 1925, to provide for a pension for members of the police department in cities having a population of one hundred fifty thousand ( 150,000) or more, in the state of Georgia"; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:

446

JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Special J udidary 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. 141-533 A. Do pass.
House Bill No. 520. Do pass.
House Bill No. 453. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Lindsay of the 34th district, chairman of the Committee on General J udic-. iary 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. 74. Do pass.
Respectfully submitted,
Lindsay of 34th district, chairman.
The following bills of the House, favorably reported by committees, were read the second time :
By Mr. Lovett of LaurensHouse Bill No. 74. A bill to repeal an Act to amend an Act relating to
special criminal bailiffs; and for other purposes.
By Messrs. Claxton of Johnson and Lovett of LaurensHouse Bill No. 453. A bill to amend an Act creating the city court of Dublin
and amendatory Acts thereof, so as to provide that the judge of the superior court of the Dublin judicial circuit can preside in the city court of Dublin in all cases when the judge of the city court is disqualified from sickness or otherwise; and for other purposes.
By Messrs. Merritt, Bloodworth and Grice of BibbHouse Bill No. 520. A bill to amend "An Act to establish the city court of
Macon, etc., relative to judge of said court; and for other purposes.
The following resolution of the House, favorably reported by the committee was read the second time:
By Mr. Rawlins of Telfair-

MONDAY, FEBRUARY 27, 1939

447

House Resolution No. 141-533 A. A resolution providing for payment of premium on surety bonds of clerk and deputy clerk of the superior court of Telfair county from county funds; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Branch of Tift-
House Bill No. 521. A bill to amend an Act approved August 14, 1920, creating and establishing a new charter and municipal government for the City of Tifton, and the several Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Tifton; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 523. A bill to amend the charter of the City of Fitzgerald, and all amendatory Acts thereto, by authorizing the water, light and bond commission to connect water mains and sewer lines; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Ford and Sumner of Worth-
House Bill No. 534. A bill to provide manner of fixing salary of the mayor of the City of Sylvester; and for other purposes.
Referred to Committee on Municipal Government.
The following resolution of the Senate was read and adopted:
By Senators Boykin of the 29th, Fortson of the 50th and Cloud of the 19th districts-
A RESOLUTION
Whereas, the Senate learns with deep regret of the continued illness of our beloved colleague, the distinguished Senator from the 30th district, Senator Kelley, 'who is confined to his bed at his home in Elberton; and
Whereas, his genial presence and able counsel are sorely missed in the deliberations of this body;
Now therefore be it resolved that the Senate express to Senator Kelley our earnest hope for a speedy recovery and that we will be looking forward to his early return to his desk.
Be it further resolved that a copy of this resolution be forwarded to Senator Kelley and family.
Senator Brinson of the 42nd district moved that the Senate go into executive session, and the motion prevailed.

448

JOURNAL OF THE SENATE,

Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following resolution of the Senate was read and adopted:
By Senator Thrasher of the 27th district-
Senate Resolution No. 49.
A RESOLUTION
Whereas, the Senate learns with regret of the death on Saturday, February 25th, 1939, of Hon. Emmett Williams, of Monroe, Georgia, and
Whereas, Mr. Williams was President Pro-Tem of this body 1929, 1930, and member of House and Senate at other sessions, and
Whereas, Mr. Williams was a successful contractor, a most excellent citizen, a steward of the Methodist Church, Monroe, Georgia;
Therefore be it resolved, that the Senate extend its sympathy to his family in their hour of bereavement, and that a copy of this resolution be spread on the Journal of the Senate, and a copy be sent to his family.
The following communication was dispatched to His Excellency, the Governor:

State ot Georgia
The State Senate
John W. Hammond, Secretary
Atlanta, February 27th, 1939.
Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia.
My dear Governor:
I have the honor to report to you, under the rules governing executive sessions of the Senate, that the following nomination sent by you to this body was today confirmed:
The Hon. G. W. Langford of Walker county, as judge of the city court of Walker county, for a term commencing February 25th, 1939, and continuing for a period of four years from that date.
On this confirmation the vote was 45 to 0.
Sincerely yours,
John W. Hammond, Secretary State Senate.

MONDAY, FEBRUARY 27, 1939

449

The following message was received from the House through Mr. Greer, the clerk: thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Gross of Stephens-
House Resolution No. 164. A resolution to express to the Hon. Max Noah and his choir the sincere appreciation of the General Assembly for the inspiring vocal program, rendered by them.
The following bills of the House were read the third time and put upon their passage:
By Mr. Gowen of Glynn-
House Bill No. 110. A bill to amend Section 80-104 of the code, providing for the licensing of pilots, by reducing the number of such pilots for the port of Brunswick:; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Etheridge of Houston-
House Bill No. 142. A bill abolishing the office of county treasurer of Houston county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Dr. Holtzendorff of Ben Hill-
House Bill No. 160. A bill amending the code providing the manner of selecting the official organ 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Cobb of Oconee and Sabados of Dougherty-

450

JOURNAL OF THE SENATE,

House Bill No. 197. A bill to provide for the registration oi voters in counties
where the registration books have been destroyed b} fire; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Smith of Schley-
House Bill No. 236. A bill abolishing the office of county treasurer and selecting a county depository of Schley county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Smith of Schley-
House Bill No. 240. A bill to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority. was passed.
By Mr. Yawn of DodgeHouse Bill No. 316. A bill amending the code r~lating to the election of
members of county boards of education in certain co.,nties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Bv Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 323. A bill to amend an Act creating a board of commissioners of roads and revenues of Fulton, so as to prescribe that the clerk of the board shall be elected for the term of six years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

MONDAY, FEBRUARY 27, 1939

451

The bill, having received the requisite constitutionai majority, was passed.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of FultonHouse Bill No. 327. A bill to authorize the board of commissioners for'-Fulton
county to establish rules and regulations governing payment of pensions to county employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Hinson of Jeff DavisHouse Bill No. 335. A bill to amend the "Jeff Davis Tax Commissioner Act",
by providing for the compensation for the tax commissioner of Jeff Davis 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Evans of McDuffieHonse Bill No. 371. A bill to amend an Act creating a commissioner of roads
and revenues for McDuffie county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having rt'ceived the requisite constitutional majority, was passed.
By Messrs. Candler, Sams and Turner of DeKalbHouse Bill No. 415. A bill to amend an Act creating a new charter for the
Town 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
. By Messrs. Candler, Sams and Turner of DeKalbHouse Bill No. 416. A bill to amend an Act creating a new charter and
municipal government for the Town of Decatur, now city of Decatur; and for other purposes.

452

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 422. A bill to empower the City of Albany to levy a special school tax upon all taxable property of said city not to exceed ten mills; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 428. A bill amending an Act establishing a county board of commissioners for Bibb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Clary of Columbia-
House Bill No. 437. A bill to abolish the office of tax receiver and tax collector of Columbia county; to create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 439. A bill to alter and amend the laws creating and establishing the commissioners 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 27, 1939

453

By Mr. Evans of McDuffie-
Hause Bill No. 444. A bill to amend the charter of the Town of Thomson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Evans of McDuffie-
Hause Bill No. 454. A bill to amend the charter of the City of Thomson, so as to prohibit the collection of street tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 497. A bill .tuthorizing Fulton county to establish and administer a fire prevention system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:
By Mr. Gross of Stephens-
House Resolution No. 164. A resolution expressing to Hon. 1\-Iax Noah and his A'Capella Choir the appreciation of the General Assembly for their inspiring program.
The following bills and resolutions of the Senate were read the third time and put upon their passage:
By Senator Dorminy of the 45th district-
Senate Bill No. 133. A bill to repeal an Act amending an Act relative to the manner of selecting members of the county board of education in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Holt of the 3rd, Dorminy of the 45th, Williams of the 21st, Daves of the 14th and Cail of the 17th districts-
Senate Bill No. 93. A bill to amend the 1933 code, chapters 88-11 and 88-12, so as to secure "Uniform. registration of births and deaths; and for other purposes.
Senator Lindsay of the 34th district moved that further consideration of the bill be postponed until Tuesday, March 7, 1939, and the motion prevailed, ayes 18, nays 9.
By Senator Lindsay of the 34th district-
Senate Resolution No. 44. A resolution directing the state highway department to investigate what weights of vehicles various types of highways in state can safely carry; 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 32, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
Senator Lindsay of the 34th district moved that the resolution be immediately transmitted to the House, and the motion prevailed.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted the Senate amendment to the following bill of the House to-wit:
By Messrs. Grayson, Atkinson and MeN all of ChathamHouse Bill No. 345. A bill to be entitled an Act to amend the charter of the
City of Savannah and the several Acts amendatory thereof; and for other purposes.
The following bills and resolution of the House were read the third time and put upon their passage:
By Mrs. Mankin and Messrs. Kendrick and Etheridge of FultonHouse Bill No. 324. A bill to authorize Fulton county to establish a sewerage
system, and to levy assessments therefor; and for other purposes.
The committee offered the following amendment, which was adopted:
To amend Section 2 of said bill by inserting after the word "and" in line nine (9) of said section the following language:

MONDAY, FEBRUARY 27, 1939

455

"record of authority for such contracts," so that the last phrase of Section 2 will read:
"and record of authority for such contracts shall be spread upon the minutes of the governing body of the contracting parties."
To further amend said bill by striking Section 3 of the same, and inserting in lieu thereof the following to be known as Section 3, to-wit:
"Section 3. Be it further enacted by the authority aforesaid that until and unless a contract had been agreed upon and entered into, in accordance with the provisions of the preceding paragraphs, no county or municipality coming within the provisions of this Act shall do or perform any work or service, each for the other, beyond its corporate limits; provided the provisions of this Act shall not be construed as prohibiting any municipality from the exercise of all authority now authorized by charter or other laws, and all such powers and authority is retained to such municipalities for the enforcement of its ordinances, rules and regulations, for the protection of the property and service of such municipality, and such municipalities are authorized to, in the operation of its Water Works, Sewer System, Disposal Plants and/or other properties, to furnish the service of such utilities or properties beyond the corporate limits of such municipality upon such terms and conditions as may be provided by the ordinances, rules and regulations of such municipality."
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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 325. A bill to authorize the clerk of the superior court in certain counties to install a photographic system of recording chattel mortgages; and for other purposes.
The committee offered the following amendment, which was adopted:
To amend House Bill No. 325 by striking the word "or" in line 8 of Section and insert in lieu thereof the word "of.!'
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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Evans of McDuffie-
Hause Resolution No. 43. A resolution to reimburse as surety B. H. Anderson by the proper official of McDuffie county; and for other purposes.

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JOURNAL OF THE SENATE,

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 31, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
Senator Durden of the lOth district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

TUESDAY, FEBRUARY 28, 1939

457

Senate Chamber, Atlanta, Ga.,
Tuesday, February 28th, 1939.
The Senate met pursuant to adjournment at 10 o'clock 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 to dispen&e with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Sanders of the 36th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed. Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time, and referred to committees:
By Senator Harrell of the 7th district-
Senate Bill No. 174. A bill to amend an Act, known as the Act to fix the maximum charges of tobacco warehouses in Georgia, by providing a minimum charge which tobacco warehousemen may make for each one hunderd pounds of tobacco sold in the State of Georgia; and for other purposes.
Referred to Committee on Agriculture.
By Senator Dawson of the 2nd district-
Senate Bill No. 175. A bill to amend Article 7, Section 7, Paragraph 1, of the

458

JOURNAL OF THE SENATE,

Constitution, so as to authorize the Willie consolidated school district of Liberty county to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senators Spivey of the 16th and Harrell of the 7th districts-
Senate Bill No. 176. A bill to amend Part III, Chapter 27-29 (Fines, and Fines and Forfeitures Fund) by adding a new section numbered 27-2915, to provide priority of payment of costs of justices and constables in commital courts where the defendant is, later, convicted and the fine and fine and costs paid; and for other purposes.
Referred to Committee Or} General Judiciary No. 2.
By Senator Warnell of the 1st district-
Senate Bill No. 177. A bill to amend Article 7, Section 7, Paragraph 1, of the constitution incorporated in the Code of 1933 as Section 2-5501 so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 178. A bill to prohibit commercial fishing in the inside waters of the Georgia coast except in the St. Andrews and St. Simons Sounds; to prohibit the sale of fish taken from such waters; and for other purposes.
Referred to Committee on Game and Fish.
By Senators Brown of the 4th, Thrasher of the 27th districts-
Senate Bill No. 179. A bill to amend an Act approved February 16th, 1938, authorizing the director of wild life to make rules and regulations respecting sea food industries of this state; and for other purposes.
Referred to Committee on Game and Fish.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 180. A bill to repeal Section 45-210 of the Code of 1933 relating to license fees levied on commercial fishing boats, by providing for an additional license on aliens or non-residents; and for other purposes.
Referred to Committee on Game and Fish.
Senator Millican asked unanimous consent to have the following bill of the House withdrawn from the Committee on Highways and Public Roads, read the second time, and re-committed:

TUESDAY, FEBRUARY 28, 1939

459

By Mr. Gross of Stephens-
House Bill No. 218. A bill amending the highway patrol law by increasing the number of patrolmen; and for other purposes.
The consent was granted.
Mr. Durden of the lOth district, chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 174. (Eastern Standard Time as the official time for Georgia.} Do pass.
Respectfully submitted,
Durden of lOth district, chairman.
Mr. Millican of the 52nd 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. 547. Do pass. House Bill No. 519. Do pass.
House Bill No. 512. Do pass. House Bill No. 457. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills 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. 150. Do pass.

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JOURNAL OF THE SENATE,

Senate Bill No. 161. Do pass. House Bill No. 137. Do pass, as amended.
Respectfully submitted,
Abbot of 18th district, chairman.
Mr. Millican of the 52nd 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 considera-
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:
Senate Bill No. 170. Do pass. House Bill No. 417. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
Mr. Mavity of the 44th 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. 85. Do pass.
Respectfully submitted,
Mavity of 44th district, chairman.
Mr. Manning of the 39th district, chairman of the Committee oa 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. 521. Do pass. House Bill No. 447. Do pass, by substitute. House Bill No. 534. Do pass.
Respectfully submitted, Manning of 39th district, chairman.

TUESDAY, FEBRUARY 28, 1939

461

Mr. Manning of the 39th 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:
Senate Bill No. 145. Do pass. House Bill No. 374. Do pass. House Bill No. 495. Do pass. House Bill No. 485. Do pass. House Bill No. 500. Do pass. House Bill No. 462. Do pass. House Bill No. 476. Do pass. House Bill No. 330. Do pass. House Bill No. 477. Do pass. House Bill No. 492. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.
Mr. Cail of the 17th 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 recommendation:
Senate Bill No. 169. Do pass. Respectfully submitted, Cail of 17th district, chairman.
The following message was received from the House through Mr. Greer, the clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the followinr; bills of the Senate, to-wit: By Senators Williamson of the 13th and Cochran of the 23rd districts-

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JOURNAL OF THE SENATE,

Senate Bill No. 118. A bill to be entitled an Act to repeal the Act incorporating the Town of Mauk; and for other purposes.
By Senator Smith of the 24th district-
Senate Bill No. 129. A bill to be entitled an Act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Gavin of Clay-
House Bill No. 475. A bill to be entitled an Act to repeal the Act establishing the city court of Fort Gaines; and for other purposes.
By Mr. Kaigler of Quitman-
House Bill No. 514. A bill to be entitled an Act to repeal the Act creating the office of solicitor for the county court of Quitman; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 538. A bill to be entitled an Act to amend the charter of the City of Dublin; and for other purposes.
By Mr. Lovett of LaurensHouse Bill No. 539. A bill to be entitled an Act to amend the charter of the
City of Dublin by amending Section 9 of Article 11 ; and for other purposes.
By Mr. Whitaker of ApplingHouse Bill No. 544. A bill to be entitled an Act to amend the Act creating
the board of commissioners of roads and revenues for the county of Appling; and for other purposes.
By Mr. Carmichael of ButtsHouse Bill No. 545. A bill to be entitled an Act to amend the charter of the
City of Jackson; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Culpepper of FayetteHouse Bill No. 137. A bill to carry into effect Article 3, Section 1, Paragraph
1, of the constitution, by providing for the publication of. any proposed amendment to the constitution; and for other purposes.
By Mr. Atkinson of ChathamHouse Bill No. 174. A bill to make Eastern Standard Time the official time_
for the State of Georgia; and for other purposes.

TUESDAY, FEBRUARY 28, 1939

463

By Mr. Miller of Lanier-
Hause Bill No. 330. A bill to amend the charter of the City of Lakeland; and for other purposes.
By Mr. Fowler of Douglas-
House Bill No. 374. A bill to amend an Act creating a board of commissioners for Douglas county; and for other purposes.
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill to amend an Act creating a new charter for the Town of Canton so as to change the name to City of Canton; to provide for occupation and business taxes in said municipality; and for other purposes.
By Mr. Goolsby of Monroe-
House Bill No. 457. A bill to amend an Act approved August 28th, 1931, by fixing the compensation of lVIonroe county tax commissioners; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 462. A bill authorizing the governing authorities of the City of Wrightsville to pass zoning and planning laws; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 476. A bill authorizing the mayor and council of the City of Wrightsville to build, pave, improve streets, etc., in said city; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 477. A bill to amend the charter of the City of Rossville, providing for the election of additional police officers and firemen; and for other purposes.
By Mr. Thigpen of Glascock-
Hause Bill No. 485. A bill to incorporate the City of Edgehill, in the County of Glascock; and for other purposes.
By Messrs. Aiken and Franklin of Bulloch-
Hause Bill No. 492. A bill authorizing the mayor and council of the City of Statesboro to pass rules whereby the city may be zoned for various uses; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 495. A bill authorizing Fulton county to establish and maintain parks; and for other purposes.

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JOURNAL OF THE SENATE,

By Mr. Lovett of Laurens-
House Bill No. 500. A bill amending a new charter for the City of Dublin; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 512. A bill to amend an Act to create a board of commissioners of roads and revenues for Clayton county; and for other purposes.
By Mr. Saunders of Harris-
House Bill No. 519. A bill to amend an Act entitled "an Act to fix the compensation of the members of the board of commissioners of roads and revenue of Harris county"; and for other purposes.
By Mr. Branch of Tift-
House Bill No. 521. A bill to amend an Act approved August 14, 1920, creating and establishing a new charter and municipal government for the City of Tifton, and the several Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Tifton; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 523. A bill to amend the charter of the City of Fitzgerald, and all amendatory Acts thereto, by authorizing the water light and bond commission to connect water mains and sewer lines; and for other purposes.
By Messrs. Ford and Sumner of Worth-
House Bill No. 534. A bill to provide manner of fixing salary of the mayor of the City of Sylvester; and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 547. A bill to amend an Act entitled "an Act to create a board of commissioners of roads and revenues for the County of Walton"; and for other purposes.
The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senators Nix of the 32nd and Palmour of the 33rd districts-
Senate Bill No. 85. A bill providing for the appointment of a chief boiler inspector and assistants; giving the chief boiler inspector certain powers; and for other purposes.
By Senator Dorminy of the 45th district-
Senate Bill No. 145. A bill to amend an Act amending and revising the charter of the City of Fitzgerald; amending the Act to incorporate the City of Fitzgerald; and for other purposes.

TUESDAY, FEBRUARY 28, 1939

465

By Senator Millican of the 52nd district-
Senate Bill No. 150. A bill to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution of Georgia so as to authorize the City of Atlanta to issue revenue certificates; and for other purposes.
By Senators Millican of the 52nd and Abbot of the 18th districts-
Senate Bill No. 161. A bill to amend Article 13, Section 1, Paragraph 1, of the constitution of Georgia so as to provide that proposed amendments affecting only a county or municipality be submitted to the voters of such county of municipality; and for other purposes.
By Senators Nix of the 32nd, Manning of the 39th and Ingram of the 51st districts-
Senate Bill No. 169. A bill to be entitled an Act to amend the Neill-Taylor Act authorizing the highway board to add to the state aid system a certain road in Dawson county, Forsyth county, also a branch leading off this road by the way of Shiloah into Cherokee county; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 170. A bill to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; and for other purposes.
The following bills of the House were read the first time and referred to the committees:
By Mr. Gavin of Clay-
House Bill No. 475. A bill to repeal an Act establishing the city court of Fort Gaines and all Acts amendatory thereof, and to provide for the disposition of business now in said court; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Kaigler of Quitman-
House Bill No. 514. A bill to repeal an Act creating the office of solicitor for the county court of Quitman county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Lovett of Laurens-
House Bill No. 538. A bill to amend an Act creating a new charter for the City of Dublin (Georgia Laws 1937, pages 1771-1818) providing that the officers and employees named in Sections 17, 18 and 19 shall be elected for a term of one year rather than two years; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Lovett of Laurens-

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JOURNAL OF THE SENATE,

House Bill No. 539. A bill to amend the charter of the City of Dublin by amending Section 9 of Article II and empower the mayor to suspend officers and employees to provide for review of such action; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Whitaker of Appling-
House Bill No. 544. A bill to amend Georgia Laws 1915, pages 141-147, creating a board of commissioners of roads and revenues for the County of Appling, by providing that the board shall consist of three members elected from the county at large; and for other purposes.
Referred to Committee on Counties and County l\1atters.
By Mr. Carmichael of Butts-
House Bill No. 545. A bill to amend the charter of the City of Jackson so as to change the time of the election therein; and for other purposes.
Referred to Committee on Municipal Government.
The following bills of the House and Senate were read the third time and put upon their passage:
By Messrs. Bloodworth, Merritt and Grice of BibbHouse Bill No. 85. A bill to repeal Section 24-1716 of the Code of 1933 and
substitute a new section to fix the fees to which ordinaries of the state are entitled; and for other purposes.
Senator Dunn of the 22nd district moved to table the bill and the motion was lost.
Senator Millican of the 52nd district offered the following amendment, which was adopted:
Amend page 7, line 16, by inserting the word "an" instead of "and."
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, the ayes were 36, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Warnell of the 1st districtSenate Bill No. 151. A bill to amend the constitution to authorize the City of
Savannah to incur an additional bonded indebtedness for the purpose of establishing an industrial water supply; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 28, 1939

467

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Cloud Daves

Dawson Dorminy Dunn Durden Estes Fortson Harrell Holt Howe Lindsay Manning Mavity McCranie

McGinty Millican Moate Nix Padgett Redman Sanders Sears Warnell Williams, 21st Williamson

On the passage of the bill, the ayes were 38, nays 0.

Not voting: Senators Groover, Ingram, Jordan, Kelley, Moore, New, Palmour, Smith of the 12th, Smith of the 24th, Thomason, Twiggs, Williams of the 31st, Hass.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

The bill, as passed, was as follows:

A BILL

To propose to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of Georgia of 1933 as Section 2-5501, so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia; for the purpose of securing and establishing an industrial and domestic water supply in addition to the present water supply of the City of Savannah, and for the purpose of purchasing equipment necessary to establish said water supply and for the purpose of purchasing rights-ofway, pipe lines, and all other necessary equipment and machinery needed in the construction of such water plant, and for the purpose of constructing and erecting a suitable water plant to supply additional water for industrial and domestic purposes; to provide that all funds received from such additional bonded indebtedness shall be used exclusively for the purpose of establishing, constructing, and erecting a water plant in the vicinity of the City of Savannah for industrial and domestic purposes; 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

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JOURNAL OF THE SENATE,

the fixing of a 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 of 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of Georgia 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 serial bonds not in excess of the aggregate sum of One Million ($1,000,000.00) Dollars, for the purpose of acquiring and establishing an industrial and domestic water supply for the City of Savannah and vicinity, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds as 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 serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of acquiring land and rights-of-way necessary for establishing, constructing and erecting a water plant for industrial and domestic purposes, for the purchase of necessary equipment, for the purchase of pipe lines, for the purpose of installing said equipment and all necessary machinery and for the purpose of erecting and constructing a water plant to secure an additional water supply for industrial and domestic purposes. Said serial bonds shall be issued and validated when authorized by the affirmative vote of the requisite two-thirds of the qualified voters of the City of Savannah in an election to be held in accordance .vith and in compliance with the Law of the State of Georgia as incorporated in the Code of Georgia of 1933, Code Sections 87-201 to 87-204, both inclusive. The Mayor and Aldermen of the City of Savannah are authorized by a majority vote to fix the rate of interest of said bonds at least thirty (30) days next preceding the date of the election."
SECTION 2. Be it further enacted by the Authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two 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 l, of the Constitution, authorizing the City of Savannah to issue serial bonds to acquire, establish, erect and construct an additional water supply plant for industrial and domestic purposes," and all persons opposed to the adoption of said amendment shall have written or printed on their

TUESDAY, FEBRUARY 28, 1939

469

ballots the words, "Against ratification of amendment to Article 7, Section i, Para-
graph 1, of the Constitution, authorizing the City of Savannah to issue serial bonds to acquire, establish, erect and construct an additional water supply plant for industrial and domestic purposes"; 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 for 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 thereof as provided by law.
SECTION 3. Be it further enacted by the Authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senator Cail of the 17th district-
Senate Bill No. 115. A bill amending Code Section o8-303, Sub-section F, so as to prescribe signals to be given by operators of vehicles; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ennis of Baldwin-
House Bill No. 368. A bill to repeal an Act requiring candidates for the General Assembly m Baldwin county to designate their incumbent opponents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lanham, Rogers and Davis of Floyd-
House Resolution No. 22. A resolution authorizing the state tax commJsstoner to refund capital stocks tax paid, through error, by George E. Gary, doing business under the trade name of Morgan Plan Bank; 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, nays 0.
The resolution, having received the requisite constitutional majority, was passed..

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JOURNAL OF THE SENATE,

By Messrs. Sabados and Allen of Dougherty-
House Resolution No. 36. A resolution adopting a creed for citizens of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
By Senator Brown of the 4th district-
Senate Bill No. 101. A bill to permit the sale, transfer and trading of oil leases and mineral leases without supervision or regulation; and for other purposes.
Senator Brown of the 4th offered a substitute, which 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, Senator Brown of the 4th district called for the ayes and nays, and the call was sustained.
Senator Brown of the 4th district moved to table the bill, and the motion prevailed, ayes 21, nays 7.
By Mr. Beck of Carroll-
House Bill No. 291. A bill allowing the tax commtsswner of Carroll county certain expenses for office help and maintenancr; and for other purposes.
The report 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.
Senator Millican of the 52nd district asked unanimous consent to immediately transmit the bill to the House, and the consent was granted.
By Senator Harrell of the 7th district-
Senate Bill No. 95. A bill to promote a more orderly marketing of tobacco by standardizing grades; and for other purposes.
The report of the committee, which was favorable to i:he passage of the bill, was agreed to.
On the passage of the bill, Senator McCranie of the 48th district called for the ayes and nays, and the call was sustained.
A roll call was ordered and the vote was as follows:

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471

Those voting in the affirmative were Senators:

Durden Estes Fortson

Harrell Holt Manning

Moore New Smith, 24th

Those voting in the negative were Senators:

Abbot Boy kin Brannen Bridges Brooks Brown Cail Causey Chastain Cochran Daves

Dawson Dorminy Dunn Hass Ingram Jordan McCranie McGinty Millican Moate Nix

Padgett Redman Sanders Sears Smith, 12th Twiggs Warnell Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 9, nays 32.

Not voting: Senator Brinson, Cloud, Groover, Howe, Kelley, Lindsay, Mavity, Palmour, Thomason, Thrasher.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Dunn of the 22nd district asked leave of absence for Wednesday, March 1, and the leave was granted.

Senator Mavity of the 44th district asked unanimous consent to r.e-commit the following bill of the House to the Committee on State of the Republic:

By Messrs. Lovett of Laurens and Moore of Lumpkin-

House Bill No. 16. A bill to abolish the state licensing board for contractors and transfer the functions to the highway department; and for other purposes.

The consent was granted.

Senator Durden of the lOth district moved that the Senate do now adjourn, and the motion prevailed.

The President announced the Senate adjourned until tomorrow morning at lO o'clock.

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Senate Chamber, Atlanta, Georgia.
Wednesday, March lst, 1939.
The Senate met pursuant to adjournment at lO o'clock 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 to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Durden of the lOth district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
l. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 resolution of the Senate was read and adopted:
By Senators Spivey of the 16th, Durden of the lOth, Boykin of the 29th, Thrasher of the 27th, Kelley of the 30th, Palmour of the 33rd, Millican of the 52nd, Smith of the 24th districts-
Senate Resolution No. 50.
A RESOLUTION
Whereas, the Georgia Senate has just learned of the death this morning of Hon. James H. Skelton, Sr., of Hartwell, who has so ably served in the General Assembly of this state in the past, and who represented the 30th district in this body in 1935-36, and has long been recognized as one of the outstanding and influential citizens of the middle and upper sections of Georgia for a generation, and

WEDNESDAY, MARCH 1, 1939

473

Whereas, Judge Skelton, throughout his useful and fruitful lifetime, has held the esteem and high respect of all those with whom he carne into association because of his sterling gentility, his admirable qualities and his loveable disposition, be it therefore
Resolved, that the Georgia Senate extend to the family of Judge Skelton its deep and sincere expression of sorrow, our sympathy with them in their hour of bereavement and a testament of our knowledge that the State of Georgia will feel, as we do, that it has lost one of its valued and valuable citizens in the passing of Judge Skelton.
Resolved further, that a copy of this resolution be incorporated in the Journal of this body, with whom Judge Skelton has so ably served, and a copy be sent to the family of this deceased former Senator.
The following message was rl.'ceived from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by the reqms1te constitutional majority, the following bill and resolution of the House, to-wit:
By Mr. Thigpen of Glascock-
Hause Bill No. 608. A bill to be entitled an Act to amend the Act creating the board of commissioners of roads and revenues of Glascock county; and for other purposes.
By Messrs. Clements of Wheeler and Culpepper of Mitchell-
House Resolution No. 167. A resolution that the House committee on Western and Atlantic Railroad be authorized to make an inspection visit of the properties of the State of Georgia in connection with the Senate committee; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 324. A bill to be entitled an Act to authorize Fulton county to establish a sewerage department; and for other purposes.
The House has passed, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senator Abbot of the 18th districtSenate Bill No. 99. A bill to be entitled an Act to create a board of trustees of
the University Hospital, at Augusta.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:

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JOURNAL OF THE SENATE,

By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 325. A bill to be entitled an Act to authorize the clerk of the superior courts in counties having a certain population to install photographic equipment for recording chattel mortgages; and for other purposes.
The following bills of the Senate were introduced, read the first time, and referred to committees:
By Senator Groover of the 37th district-
Senate Bill No. 181. A bill to amend an Act approved February 28, 1939, amending Section 53-208 of the Code of 1933 by striking the last sentence of Section I and substituting a new sentence to provide for distribution of recovery against ordinary of county and to provide the Act shall not apply where both contracting parties are eighteen years of age or over; and for other purposes.
Referred to Committee on General Judiciary No. I.
By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of the 19th and Brinson of the 42nd districts-
Senate Bill No. 182. A bill to authorize the record owner of legal title to an interest in land as security for debt to recover for trees, or their value, taken without the written consent of such owner; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Lindsay of the 34th district-
Senate Bill No. 183. A bill to amend Section 84-903 of the Code of Georgia of 1933 relating to the appointment of members of the state board of medical examiners so as to provide that members may be appointed without regard to ratio as to the numbers of members to be appointed from any particular school of medicine; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senators Brinson of the 42nd and Durden of the lOth districts-
Senate Bill No. 184. A bill providing for voluntary apprenticeship; to open to young people the opportunity to obtain training that will equip them for profitable employment and citizenship; to establish employment opportunities for young people under conditions providing adequate training and reasonable earnings; and for other purposes.
Referred to Committee on Education and Public Schools.
The following resolution of the Senate was introduced, read the first time and referred to committees:
By Senator Cail of the 17th district-

WEDNESDAY, MARCH 1, 1939

475

Senate Resolution No. 51. A resolution calling upon the House to send the Senate an adequate appropriation bill and tax bill; and for other purposes.
Referred to Committee on Rules.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to the Constitution have had under consid-
eration 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. 175. Do pass. Senate Bill No. 177. Do pass.
Respectfully submitted, Abbot of 18th district, chauman.
Mr. Thrasher of the 27th 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 162. Do not pass.
Respectfully submitted,
Thrasher of 27th district, chairman.
Mr. Cloud of the 19th 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. 168. Do pass, as amended.
Respectfully submitted, Cloud of 19th district, chairman.
Mr. Mavity of the 44th district, chairman of the Committee on Industrial Relations, submitted the following report:

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JOURNAL OF THE SENATE,

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. 165. Do pass.
Respectfully submitted,
Mavity of 44th district, chairman.
Mr. Hass of the 11th 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 recommendation:
Senate Bill No. 155. Do pass.
Respectfully submitted,
Hass of 11th district, chairman.
Mr. Durden of the lOth district, chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the House, and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 194. Do pass.
Respectfully submitted,
Durden of lOth district, chairman.
Mr. Cail of the 17th 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 House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 218. Do pass, as amended. Respectfully submitted,
Cail of 17th district, chairman.

WEDNESDAY, MARCH 1, 1939

477

Mr. Sanders of the 36th district, chairman of the Committee on Special J udiciary, 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. 475. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
The following bills of the Senate, favorably reported by committees, were read the second time :
By Senator McGinty of the 43rd district-
Senate Bill No. 155. A bill to require preparation and publication of a report of receipt and disbursement of public funds by authorities of cities, towns and counties; and for other purposes.
By Senators Smith of the 24th, Groover of the 37th and Nix of the 32nd districts-
Senate Bill No. 165. A bill to require railroad carriers to equip trainmen engaged in switching and train movements in intra-state commerce with electric hand lanterns; to prohibit oil lanterns; and for other purposes.
By Senator Manning of the 39th district-
Senate Bill No. 168. A bill to be entitled an Act to require the furnishing of annual financial statements by all corporations having a place of business in Georgia or doing general business in Georgia; and for other purposes.
By Senator Dawson of the 2nd district-
Senate Bill No. 175. A bill to amend Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the Willie consolidated school district of Liberty county to incur a bonded indebtedness; and for other purposes.
By Senator Warnell of the 1st district-
Senate Bill No. 177. A bill to amend Article 7, Section 7, Paragraph 1, of the constitution incorporated in the Code of 1933 as Section 2-5501 so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time :
By Mr. McBride of Montgomery-

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JOURNAL OF THE SENATE,

House Bill No. 194. A bill to amend the revenue certificate law by authorizing schools as well as counties to participate under the Act; and for other purposes.
By Mr. Gavin of Clay-
House Bill No. 475. A bill to repeal an Act establishing the city court of Fort Gaines and all Acts amendatory thereof, and to provide for the disposition of business now in said court; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Thigpen of Glascock-
Hause Bill No. 608. A bill to amend an Act entitled an Act creating a board of commissioners of roads and revenues of Glascock county so as to provide that no member of the immediate family of a commissioner shall be eligible to serve as clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
The following bill of the House was taken up for consideration, for the purpose of acting on the disagreement of the House to a Senate amendment:
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 324. A bill authorizing Fulton county to establish a sewerage system and levying a tax to support same; and for other purposes.
Senator Millican of the 52nd district moved that the Senate recede from its amendment, and the motion prevailed.
Senator Millican of the 52nd district moved that the Senate go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the motion prevailed.
Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following resolution of the House was read and adopted:
By Messrs. Clements of Wheeler and Culpepper of Mitchell-
House Resolution No. 167. A resolution authorizing the Western and Atlantic Railroad Committee of the House and Senate to visit and inspect the state property in Chattanooga, Tenn.; and for other purposes.
The following resolution of the Senate was introduced and ordered to lie on the table one day:
By Senator Williams of the 31st district-
Senate Resolution No. 52. A resolution naming the bridge over the Chattahoochee, between Habersham and White counties, the "Sidney Lanier Bridge."

WEDNESDAY, MARCH 1. 1939

479

The following bills and resolutions of the House and Senate were read the third time and put upon their passage:
By Messrs. Merritt, Bloodworth and Grice of Bibb-
House Bill No. 520. A bill amending an Act establishing the city court of Macon by providing for the election of the judge of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Mr. Branch of Tift-
House Bill No. 521. A bill to amend an Act establishing a new charter for the City of Tifton so as to extend 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Moore of the 47th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Messrs. Rountree and Flanders of Emanuel-
House Resolution No. 51. A resolution authorizing the state librarian to furnish certain law reports to Emanuel county; and for other purposes.
Senator Spivey of the 16th district offered the foJlowing amendment, which was adopted:
By adding after the word "directed" in line eleven of said resolution the words "and required."
The report of the committee, which was favorable to the passage of the resolution, was agreed to, as amended.
On the passage of the resolution, the ayes were 31, nays 0. The resolution, having received the requisite constitutional majority, was passed as amended. By Mr. Coogler of ClaytonHouse Resolution No. 34. A resolution authorizing the state librarian to

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JOURNAL OF THE SENATE,

furnish certain law reports to the clerk of the superior court of Clayton county; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding the following after the following figures: "9 and 44": "when same are available."
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
By Mr. Cobb of Oconee-
House Resolution No. 37. A resolution directing the state librarian to furnish certain law books to the ordinary and clerk of the superior court of Ocon.ee county; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding the following after the word "reports": "when same are available."
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the pas!!age of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
By Mr. Guyton of Effingham-
House Resolution No. 46. A resolution to supply Effingham county with certain volumes of the supreme court reports; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding to the end thereof this language: "Provided the state librarian has on hand available for such purpose such books."
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution, the ayes were 27, nays 0. The resolution, having received the requisite constitutional majority, was passed as amended. By Senator Millican of the 52nd districtSenate Bill No. 150. A bll to amend the constitution to authorize the City of Atlanta to issue revenue certificates; and for other purposes.

WEDNESDAY, MARCH L 1939

481

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Abbot Boy kin Bridges Brinson Brooks Brown Cail Causey Cochran Cloud Daves Dawson Durden

Estes Fortson Groover Hass Holt Howe Manning Mavity McCranie McGintv Millican Moore New

Nix Padgett Redman Sanders Sears Smith, 12th Smith, 24th Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 38, nays 0.

Not voting: Senators Brannen, Chastain, Dorminy, Dunn, Harrell, Ingram, Jordan, Kelley, Lindsay, Moate, Palmour, Thomason, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.
The bill, as passed, was 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 Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system and sanitary department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; to authorize the setting aside in special funds a sufficient sum to retire the revenue certificates; to provide the manner, form and method of issuing certificates; certificates to be issued by a majority vote of the Mayor and General Council and validated; to provide for the allocation of anticipated receipts; to provide that certificates shall not be a debt or liability upon the City of Atlanta and shall be payable from and chargeable only upon the revenue derived from water or sanitary services respectively; 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, and it is hereby enacted by authority of the same, as follows:

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JOURNAL OF THE SENATE,

SECTION I.
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 Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements, in its Water Works System, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste by its Sanitary Department, and acquiring the necessary property therefor, either or both, may, from time to time issue interest bearing revenue certificates to be paid solely out of the revenues derived from Water or Sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in spe~.:ial funds to be known as "Water Works Department Revenue Fund" and "Sanitary Department Revenue Fund," a sufficient sum, not to exceed ten ( 10%) per centum of the annual charges, fees and taxes received from the water and sanitary servi<.e charges respectively, to retire the certificates. Said percent<,ges shall be based upon the total annual receipts from each of said services for the year previous to tht> issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from thci~ respective dates; with interest at such rate or rates, not exceeding five ( 5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, conversion and exchangability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and condi tions as the re~olution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the Mayor and General Council, and signed by the Mayor and Comptroller ot the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and conclusive. Before issuing any such revenue certificates the Mayor and General Council shall provide by resolution for the allocation of a percentage of the anticipated receipts necessary to pay sa1d certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrancl! upon any of its property. The obligation created by said certificates shall not br. construed as a debt within the restriction as to debt limit of this paragraph."

WEDNESDAY, MARCH 1, 1939

483

SECTION 2.
Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the member3 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 thts State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at ;aid election in favor of adopting th~ said proposed amendment to the Constitution ~hall 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 Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certiticates out of a percentage of revenues derived from water or sanitary charges respectively," 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 Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percenta?,c of revenues derived from water or sanitary charges respectively," 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 satd 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.
SECTION 3.
All laws and parts of laws in conflict her<!with are hereby repealed.
The following bills of the House were read the third time and put upon their passage:
By Mr. Miller of Lanier-
Hause Bill No. 330. A bill to amend the charter of the City of Lakeland; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Claxton of Johnson-
House Bill No. 433. A bill to amend an Act establishing the city court of Wrightsville, providing how jurors shall be empaneled; and for other purposes.

484

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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dean of Rockdale-
House Bill No. 451. A bill to amend the several Acts relating to the City of Conyers, so as to enlarge and define the powers of the clerk of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Claxton of Johnson and Lovett of LaurensHouse Bill N"o. 453. A bill to amend an Act creating the city court of Dublin,
so as to provide that the judge of the superior court can preside m the city court in certain cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Claxton of Johnson-
House Bill No. 462. A bill authorizing the governing authorities of Wrightsville to pass zoning and planning 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Claxton of Johnson-
House Bill No. 476. A bill to authorize the mayor and council of the City of Wrightsville to build and pave streets in 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH l, 1939

485

By Mr. Holtzendorff of Ben Hill-
House Bill No. 523. A bill to amend the charter of the City of Fitzgerald; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication was dispatched to His Excellency, the Governor:

State of Georgia

The State Senate

John W. Hammond, Secretary

Hon. E. D. Rivers, Governor,

Atlanta, March lst, 1939.

Executive Department, State Capitol, Atlanta, Georgia. My dear Governor:

Under the rules governing executive sessions of the Senate I have the honor to report to you that the nomination sent to this body by you was duly confirmed today as follows:

For member state board of dental examiners:

Dr. E. N. Brown, of Statesboro, Bulloch county, Georgia, for a term commencing March l, 1939, and continuing until August 13, 1943.

The vote on this confirmation was 46 to 0. Sincerely yours,

John W. Hammond, secretary, State Senate.

The following bills of the Senate were read the third time and put upon their passage:

By Senators Nix of the 32nd, Manning of the 39th and Ingram of the 51st districts-

Senate Bill No. 169. A bill to amend the Neill-Tr2.ylor Act by adding certain roads in Dawson, Forsyth and Cherokee counties; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

486

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Thrasher of the 27th district-
Senate Bill No. 159. A bill to specify the qualifications of state employees; and for other purposes.
The committee offered the following amendment, which was adopted:
To amend Section 1 by striking the word "five" on line 4 and inlierting in lieu thereof the word "three."
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 37, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Manning of the 39th district-
Senate Bill No. 43. A bill to increase the speed limit of certain motor vehicles to 50 miles per hour; and for other purposes.
Senator Manning of the 39th district offered the following substitute, which was adopted :
A BILL
To be entitled an Act defining reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this state; to provide for the erection of stop signs; to provide for the dimming of lights of motor vehicles; to require the filing of reports of accidents by operators or occupants of motor vehicles involved in accidents on public streets and highways; to require reports by the coroners in the several counties of the state concerning deaths resulting from accidents on public streets and highways; to provide for the enforcement, penalties and punishment for the violation of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes:
Section 1. Reckless driving:
(a) Any person who drives any motor vehicle upon a public street or highway in this state in such a manner as to be in willful or wanton disregard of the safety of persons or property is guilty of the criminal offense of reckless driving.
(b) Every person convicted of reckless driving shall be punished as follows: Upon first conviction, by imprisonment for not less than five (5) days nor more than sixty days, or by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by both such imprisonment and fine and upon a second or subsequent conviction shall be punished by imprisonment

WEDNESDAY, MARCH 1, 1939

487

for not less than ten ( 10) days nor more than six ( 6) months, or by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
Sec. 2. Restrictions As to Speed:
(a) No person shall operate a motor vehicle upon any public street or highway at a speed that is greater than is reasonable and safe, having due regard to the conditions then existing, including the width, grade, character, traffic, and common use of such street or highway, or so as to endanger life or limb, or property in any respect whatsoever.

(b) Subject to the foregoing limitations operators of motor vehicles upon public streets and highways of this state are authorized to operate them up to but not exceeding the speed limits provided in the following classified tabulation:

Total gross combined weight of motor vehicle and load in pounds

Speed in miles per hour

Kind of tires

Metallic

Solid

Pneumatic

Less than 10,000 ...................................... ................. 10

25

55

10,000 to 16,000

8

20

40

Over 16,000 ................................................................ 5

18

35

Provided, however, that all passenger motor vehicles operated on the public streets and highways of this state and having pneumatic tires are authorized to operate at a speed up to but not exceeding fifty-five miles per hour.

Provided further that the maximum speed limit for busses used in transporting school children and when actually transporting one or more school children, shall not be operated in excess of forty miles per hour; and provided further that all school busses must be inspected when required, or requested, by the Director of Public Safety or any member of the Georgia State Patrol, in or ascertain its mechanical or physical condition as to brakes, lights or any other feature which in the opinion of the director of Georgia Department of Public Safety may deem essential, for the safety of its driver, passengers, and general public.

(c) Whenever the Department of Public Safety shall determine, upon a basis of an engineering or traffic survey, that any speed herein above authorized is greater than is safe under the conditions found to exist on any segment of a public street or highway, said Department shall fix, determine and declare special speed restrictions thereat and therefor, and may put same into effect by erecting proper highway signs, giving notice of said restrictions at such place or places.

(d) The speed limitations set forth in this article shall not apply to authorized emergency vehicles when responding to emergency calls or when in immediate pursuit of an actual or suspected violator of the laws of this state, provided, however, that all such emergency vehicles shall observe the limitations hereinabove imposed at all times other than those specified in this paragraph, and this provision

488

JOURNAL OF THE SENATE,

shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the public streets and highways, nor shall it protect the driver of any emergency vehicle from the consequences of reckless disregard of the safety of others.
Sec. 3. Stop signs:
(a) The Department of Public Safety is authori2'.ed to fix rules in respect to right-of-way at intersections of said highways or public roads outside of municipalities and to promulgate other reasonable safety rules in respect thereto, and to give notice of same by proper signs erected at or near said intersections. Said signs to be erected and maintained by the State Highway Department's Maintenance Division.
(b) Every driver of a motor vehicle and every motorman of a street car shall stop at such stop signs as shall be erected or made by the Department of Public Safety at the approach of such intersections, except when directed to proceed by a police officer or traffic control signal.
Sec. 4. Dimming Lights:
(a) Every motor vehicle operated on the public streets or highways of this state shall be equipped with two front headlights located near the side extremities of the front, capable of revealing a person, vehicle or object at least five hundred feet (500') ahead in the darkness, and so arranged that at no time will the beam from said lights create a blinding glare or interfere with the vision of the driver of any vehicle approaching within five hundred feet (500') of said vehicle; and any auxiliary headlights in front must be extinguished when within five hundred feet (500') of any vehicle ahead or any congested traffic area; provided, further, that every such motor vehicle shall be equipped also with a rear light, red in color, and visible for at least two hundred feet (200') in darkness in the rear; and, provided, further, that said lights, both front and rear, when said motor vehicle is being operated on a public street or highway must be lighted one half hour after sunset to one half hour before sunrise and at any other time when vision is restricted for any reason less than five hundred feet (500') along a public street or highway.
(b) Provided further that all trucks of more than 1;/, tons capacity shall have clearance lights at each extremity in the front and clearance lights at each extremity in the rear. Where the cab of said truck is not as wide as the body said clearance must be placed at the widest extremity so as to clearly indicate the width of the truck to approaching traffic from either direction. Said lights must not be of any glaring or blinding nature.
Sec. 5. Filing of Accident Reports:
(a) The driver of a motor vehicle involved in an accident on a public street or highway resulting in injury to or death of any person or in a total property damage to an extent of fifty dollars ($50.00) or more shall, within twenty-four (24) hours after such accident, forward a written report of such accident to the Department of Public Safety on a form prepared by said Department, provided,

WEDNESDAY, MARCH 1, 1939

489

that said Department in its discretion may require the filing of a supplemental report in any case where it shall deem the original report to be insufficient, and may require witnesses of such to render reports to said Department;
(b) Whenever the driver of a motor vehicle involved in any accident referred to in the next preceding paragraph shall . be incapable of making the required accident report and there is another occupant of the vehicle at the time of the accident capable of making such report such occupant shall make or cause to be made such accident report.
(c) The Department of Public Safety shall prepare and upon request supply to the police departments, sheriffs, coroners, and other suitable agencies or individuals, forms for use in making said accident reports, which reports shall call for sufficiently detailed information to disclose the nature of the said traffic accident, its apparent cause, the conditions surrounding the accident, persons and vehicles involved.
(d) Every coroner of this state and every other official performing the functions of a coroner shall on or before the tenth ( lOth) day of each calendar month report in writing to the Department of Public Safety the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle on a public street or highway and the circumstances of such accident as are available.
(e) All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department except that the Department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies having been present at such accident; provided, that no such report shall be used as evidence in any trial, civil or criminal, arising out of the accident, except that the Department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that the specified accident report has or has not been received by the Department, solely to prove a compliance or failure to comply with the requirement that such report be made.
(f) The Department shall tabulate and analyze all such accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents.
(g) Investigation of an accident by police or other public officers shall not excuse persons from the duty of making the reports to the Department as herein required.
Sec. 6. Be it further enacted that should any section or paragraph or part of this Act be declared void for any reas~n by proper authority, the remaining parts and portions of the same shall continue to be in full force and effect.
Sec. 7. Be it further enacted by virtue of the authority aforesaid that the foregoing provisions as to speed shall supersede and stand in lieu of all other

490

JOURNAL OF THE SENATE,

Georgia Legislation in respect to speed of motor vehicles upon the public streets and highways of this state and 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, by substitute.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By Senator Millican of the 52nd district-
Senate Bill No. 170. A bill to provide a budget in all counties having a population of two hundred thousand or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for consideration and put upon its passage:
By Senators Nix of the 32nd and Causey of the 46th districts-
Senate Bill No. 44. A bill to provide public assistance to all disabled, indigent
persons above one year of age who are 50 per cent disabled from earning a liveli-
hood; and for other purposes.
Senator McGinty of the 43rd district offered the following amendment, which was adopted :
By inserting at the end of Section 1 thereof the following words, to-wit:
"Provided, that no benefits shall be paid under the provisions of this Act to any minor whose parents are able to support it."
Senator Millican of the 52nd district offered the following amendment, which was adopted.
Amend by striking 50% and inserting in lieu thereof "90%".
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Senator Fortson of the 50th district called for the previous question and the call was sustained.
Senator l\tlcCranie of the 48th district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.

WEDNESDAY, MARCH 1, 1939

491

The senator voted "aye" and was so recorded.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Nix of the 32nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
The following resolution of the Senate was read and adopted:
By Senator Durden of the lOth and Howe of the 38th districts-
Senate Resolution No. 53. A resolution urging the Inter-State Commerce Cornmission to immediately effectuate uniform railroad rate structures; and for other purposes.
Senator Harrell of the 7th district moved that the Senate do now adjourn, and the motion prevailed.
The President Pro-Tern. announced the Senate adjourned until tomorrow morning at 10 o'clock.

492

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia,
Thursday, March 2nd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Brinson of the 42nd district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
Senator Millican of the 52nd district asked unanimous consent to dispense with the reading of the journal, and the consent was granted.
The journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bill and resolutions.
5. Putting on passage uncontested local Senate and House bills and reso-
lutions. 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 committees:
By Senator Twiggs of the 40th district-
Senate Bill No. 185. A bill to amend an Act entitled "Equalizing Educational Opportunities Act" (Georgia Laws 1937, Pages 882-892) by striking therefrom the provision excepting certain school systems from the operation of the said Act; and for other purposes.
Referred to Committee on Education and Public Schools.
By Senator Boykin of the 29th district-
Senate Bill No. 186. A bill to repeal Section 77-509 of the Code of 1933, pro-

THURSDAY, MARCH 2, 1939

493

viding for the appointment of members of the pardon and parole commtsswn, and fixing their terms; and to substitute in lieu thereof a new Section 77-509 to provide for the election by the people of the members of the pardon and parole commission; and for other purposes.
Referred to Committee on Penitentiary.
By Senator Twiggs of the 40th district-
Senate Bill No. 187. A bill to adopt an official coat of arms and an official flag for the State of Georgia; and for other purposes.
Referred to Committee on Education and Public Schools.
By Senators Nix of the 32nd and Causey of the 46th districts-
Senate Bill No. 188. A bill to regulate the production, distribution and exhibition of motion pictures in this state; to provide for the regulation, registration and licensing thereof by the public service commission of this state; and for other purposes.
Referred to Committee on State of Republic.
By Senator Manning of the 39th district-
Senate Bill No. 189. A bill amending an Act authorizing the mayor and council of Marietta to have held by the qualified voters an election to determine whether bonds shall be issued, by adding a section authorizing extension of water mains and electric lines beyond the city limits of Marietta; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Thrasher of the 27th district--
Senate Bill No. 190. A bill to amend Section 45-801 of the Code of 1933, by requiring persons owning or leasing oyster beds in this state to register with the county commissioners or ordinary a private mark; and for other purposes.
Referred to Committee on Game and Fish.
By, Senator Thrasher of the 27th district-
Senate Bill No. 191. A bill to amend Section 45-512 of the Code of 1933, by prohibiting the use of nets in the rivers and sounds of this state for the purpose of catching sea food in salt waters of the state; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Thrasher of the 27th district-
Senate Bill No. 192. A bill to amend Section 45-602 of the Code of 1933, by striking in the fifth line the word "sunrise", and inserting in lieu thereof the word "sundown", and by prohibiting the taking of shad between sunrise and sundown on any day of the week during open season; and for other purposes.

494

JOURNAL OF THE SENATE,

Referred to Committee on Game and Fish.
By Senator Durden of the lOth district-
Senate Bill No. 193. A bill to provide for the appointment of county planning councils; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Harrell of the 7th district-
Senate Bill No. 194. A bill to amend "The Welfare Reorganization Act of 1937" by striking and repealing Section 19 of said Act, which transfers the supervision of ex-Confederate soldiers and sailors and their dependents with respect to the payment of pensions from the director of the veterans service office to the state department of public welfare and the director; and for other purposes.
Referred to Committee on Public Welfare.
The following resolution of the Senate was read and adopted:
By Senator Brooks of the 8th district-
Senate Resolution No. 54. A resolution providing that the board of penal administration be advised of the confinement of youthful first offenders with "hardened" criminals; and for other purposes.
Senator Millican of the 52nd district asked unanimous consent to re-commit the following bill of the Senate to the Committee on Industrial Relations:
By Senators Nix of the 32nd and Palmour of the 33rd districts-
Senate Bill No. 85. A bill governing the installation and operation of steam boilers; and for other purposes.
The consent was granted.
Mr. Sanders of the 36th 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. 514. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Cail of the 17th district, chairman of the Committee on Highways and Public Roads, submitted the following report:

THURSDAY, MARCH 2, 1939

495

Mr. President: Your Committee on Highways and Public Roads have had under consideration
the following bill of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 235. Do pass. Respectfully submitted,
Cail of 17th district, chairman.
Mr. Millican of the 52nd 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. 467. Do pass, as amended. Respectfully submitted,
Millican of 52nd district, chairman. Mr. Manning of the 39th 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. 545. Do pass. House Bill No. 141. Do pass, as amended. Senate Bill No. 171. Do pass, by substitute. Senate Bill No. 173. Do pass. Senate Bill No. 149. Do pass, as amended. House Bill No. 539. Do pass. House Bill No. 538. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.
The following bills of the Senate, favorably reported by committees, were read the second time :

496

JOURNAL OF THE SENATE,

By Senator Millican of the 52nd district-
Senate Bill No. 149. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes.
By Senator Holt of the 3rd district-
Senate Bill No. 171. A bill to authorize the City of Baxley to create a city authority by city ordinance and to empower the City of Baxley by city ordinance to authorize the authority to construct and operate water works, etc.; and for other purposes.
By Senator' Millican of the 52nd district-
Senate Bill No. 173. A bill to amend an Act approved February 15th, 1933, entitled "An Act to repeal an Act approved August 18th, 1925," and to provide for a pension for members of the police department in cities having a population of one hundred fifty thousand or more; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Yawn of Dodge-
House Bill No. 141. A bill to amend an Act entitled an Act to create a new charter for the City of Eastman; to consolidate the Acts relating to the rights and powers of said corporation; to enact amendments thereto; and for other purposes.
By Mr. McBride of Montgomery-
House Bill No. 467. A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Montgomery by repealing Section l of said Act and enacting in lieu thereof a new section providing for five commissioners; and for other purposes.
By Mr. Kaigler of Quitman-
House Bill No. 514. A bill to repeal an Act creating the office of solicitor for the county court of Quitman county; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 538. A bill to amend an Act creating a new charter for the City of Dublin (Georgia Laws 1937, Pages 1771-1818) providing that the officers and employees named in Sections 17, 18, 19 shall be elected for a term of one year rather than two years; and by amending Section 20 so as to provide that the officers and employees shall be elected annually instead of every two years; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 539. A bill to amend the charter of the City of Dublin by

THURSDAY, MARCH 2, 1939

497

amending Section 9, Article 11, and empower the mayor to suspend officers and employees to provide for review of such action; and for other purposes.
By Mr. Carmichael of Butts-
House Bill No. 545. A bill to amend the charter of the City of Jackson so as to change the time of election; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Williams of the 31st district-
Senate Bill No. 94. A bill to be entitled an Act to reduce the bond of the sheriff of Habersham county; and for other purposes.
The House has passed, by the requisite constitutional majority, the following bills of the Senate, to-wit:
By Senator Cail of the 17th district-
Senate Bill No. 48. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver and to create the office of tax commissioner of the County of Screven; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 106. A bill to be entitled an Act to amend the Act creating a new charter for the City of Atlanta; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 54. A bill to be entitled an Act to amend the Act creating a board of commissioners of roads and revenues for the County of Fulton; and for other purposes.
The House has passed. by the requisite constitutional majority, the following bills of the House, to-wit:
By Mr. Jones of Brantley-
House Bill No. 99. A bill to be entitled an Act to amend the Act creating the office of commissioners of roads and revenues of Brantley county; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 540. A bill to be entitled an Act to abolish the office of county treasurer of Wilcox county; and for other purposes.

498

JOURNAL OF THE SENATE,

By Mr. Fower of Douglas-
House Bill No. 542. A bill to be entitled an Act to fix the salary of the county treasurer of Douglas county; and for other purposes.
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 548. A bill to be entitled an Act to amend the Act creating the pension board of Chatham county; and for other purposes.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 557. A bill to be entitled an Act to amend the charter of the
City of Macon; and for other purposes.
By Messrs. Terrell and Blackshear of Hall-
House Bill No. 578. A bill to be entitled an Act to amend the Act incorporating the Town of Belton; and for other purposes.
By Mr. English of Lamar-
House Bill No. 580. A bill to be entitled an Act to amend the charter of the City of Barnesville; and for other purposes.
By Mr. Kaigler of Quitman-
House Bill No. 588. A bill to be entitled an Act to amend the Acts of 1919, Page 736, relating to the county commissioners of Quitman county; and for other purposes.
By Mr. Goolsby of Monroe-
House Bill No. 593. A bill to be entitled an Act to amend the Act creating the board of commissioners of roads and revenues for the County of Monroe; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 600. A bill to be entitled an Act to amend the Act creating the board of commissioners of roads and revenues for the County of Berrien; and for other purposes.
By Messrs. Ford and Sumner of Worth-
House Bill No. 616. A bill to be entitled an Act to amend the charter of the City of Sylvester; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 617. A bill to be entitled an Act to amend the charter of the City of Rossville; and for other purposes.
By Mr. Coogler of Clayton-

THURSDAY, MARCH 2, 1939

499

House Bill No. 618. A bill to be entitled an Act to amend the charter of the Town of Forest Park; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 619. A bill to be entitled an Act to authorize the Town of Forest Park to enact zoning and planning ordinances; and for other purposes.
By Mr. Lanham of Floyd-
House Resolution No. 169. A resolution that the interstate commerce commission be memorialized and petitioned by the General Assembly of this state to immediately effectuate the said uniform rate structures m conformity with said report of February 27th, 1939.
The following bills of the House were read the first time and referred to committees:
By Mr. Jones of Brantley-
House Bill No. 99. A bill to amend an Act entitled an Act creating the office of commissioners of roads and revenues of the County of Brantley, so as to provide seven commissioners instead of five; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Tippins of Wilcox-
House Bill No. 540. A bill to abolish the office of county treasurer of Wilcox county; and to provide for the designation of a county depository; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Fowler of Douglas-
House Bill No. 542. A bill to amend an Act approved July 27, 1925, fixing the salary of the county treasurer of Douglas county, and providing that the board of the county commissioners may pay for the bond of the county treasurer out of the funds of the county at their discretion; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 548. A bill to amend an Act creating pension board of Chatham county affecting pensions of widows of employees killed in line of duty; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 557. A bill to amend the charter of the City of Macon so as

500

JOURNAL OF THE SENATE,

to create a special fund to be known as the "Firemen and Police Pension Fund"; and for other purposes.
Referred to Committee on Pensions.
By Messrs. Terrell and Blackshear of Hall-
House Bill No. 578. A bill to amend an Act approved October 2nd, 1879 (Georgia Laws 1878-1879), creating the Town of Belton, to provide that the mayor and councilmen of the town shall have the power to levy and collect a tax of not exceeding one per cent upon all property within the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. English of Lamar-
House Bill No. 580. A bill to amend an Act providing a charter for the City of Barnesville and prescribing the jurisdiction, powers and duties of the governing officials, and all Acts amendatory thereof, by vesting the mayor and council with the authority to pass zoning laws for said city; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Kaigler of Quitman-
House Bill No. 588. A bill to amend the Acts of 1919, Page 736, relating to county commissioners of Quitman county to provide how purchases made when such purchases amount to $500.00 or more; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Goolsby of Monroe-
House Bill No. 593. A bill to amend an Act approved August 19th, 1907, Page 318 et. seq., ''An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide for an annual audit of the books of said commissioners; and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Swindle of Berrien-
House Bill No. 600. A bill to amend an Act approved December 17th, 1902, Pages 203-205, creating the board of commissioners of roads and revenues of the County of Berrien, and all Acts amendatory thereof, so as to provide that the county physician shall be named for two years; and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Ford and Sumner of Worth-
House Bill No. 616. A bill to amend an Act creating a new charter for the City of Sylvester so as to extend and enlarge the incorporate limits of said city; and for other purposes.

THURSDAY, MARCH 2, 1939

501

Referred to Committee on Municipal Government.
By Messrs. Sartain and Kelly of WalkerHouse Bill No. 617. A bill to amend the charter of the City of Rossville
providing for operation and maintenance of revenue-producing public work, authorizing and regulating the issuance of bonds for financing such works; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Coogler of ClaytonHouse Bill No. 618. A bill to amend the charter of the Town of Forest Park
so as to change, enlarge and extend the corporate limits; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Coogler of Clayton-
House Bill No. 619. A bill to authorize the Town of Forest Park to enact zoning ordinances; and for other purposes.
Referred to Committee on Municipal Government.
The following resolution of the House was read the first time and referred to the committee.
By Mr. Lanham of Floyd-
House Resolution No. 169. A resolution that the interestate commerce commission be memorialized and petitioned by the General Assembly of this state to immediately effectuate uniform rate structures in conformity with the said report of February 27, 1939; and for other purposes.
Referred to Committee on Rules.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Dawson of the 2nd district-
Senate Bill No. 175.
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 Willie Consolidated School District, of Liberty County, Georgia, to incur a bonded

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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 as of June 30, 1939, and any bonded indebtedness due up to and including December 30, 1947; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereof due and unpaid on June 30, 1939, and any bonded indebtedness which becomes due up to and including December 30, 1947; 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, ~f 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 Willie Consolidated School District, of Liberty County, Georgia, 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 and interest thereon of said School District outstanding past due and unpaid on June 30, 1939, and any bonded indebtedness of said School District outstanding and which becomes due up to and including December 30, 1947, 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 Willie Consolidated School District to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is due and unpaid as of June 30, 1939, and any bonded indebtedness outstanding and which becomes due up to and including December 30, 1947. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Willie Consolidated School District, of Liberty County, and shall be validated as provided by law."
Section 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 Willie Consolidated School District, of Liberty County, Georgia, 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 Willie Consolidated School District, of Liberty County, Georgia, 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

THURSDAY, MARCH 2, 1939

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ratification thereof, when the result 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 I, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Bridges Brooks Brown Cail Causey Chastain Cloud Daves Dawson Dorminy Dunn Durden

Estes Fortson Groover Harrell Holt Howe Ingram Jordan Lindsay Manning McCranie McGinty Millican Moore

Nix Pad2:ett Redman Sanders Sears Thomason Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 40, nays 0.

Not voting: Senators Brannen, Brinson, Cochran, Hass, Kelley, Mavity, Moate, New, Palmour, Smith of the 12th, Smith of the 24th.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

Senator Dawson of the 2nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.

By Senator Warnell of the 1st district-

Senate Bill No. 177.

A BILL
An Act to propose to the qualified voters of the State of Georgia an Amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of 1933 as Section 2-5501, so as to authorize the

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City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia, for the purpose of purchasing and/or acquiring lands, sites, buildings and/or improvements located thereon, to be given, granted, leased or otherwise disposed of to the United States of America for the purpose of national defense; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the purchase and/or acquirement of lands, sites, buildings, and improvements, to be accepted and used by the United States Government for national defense purposes; to authorize the assessing and collection of an annual tax sufficient to pay prim.ipal and interest of said bond 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 A:>sembly 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 the State 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 serial bonds not in excess of the aggregate sum of Five Hundred Thousand ($500,000.00) Dollars, for the exclusive purpose of purchasing and; or acquiring land and/or sites, and buildings and improvements located thereon, for the purpose of giving, granting, leasing, or otherwise disposing of said lands, and/or sites, and buildings and improvements located thereon, to the United States of America for the purpose of national defense; and shall provide for the asse~sment and collection of an annual tax sufficient in amount to pay the principal and interest as they become due; said serial bonds so issued shall mature in twenty (20) annual equal amounts beginning ten ( 10) years from the date of issuance and maturing each year thereafter for a period of twenty (20) years. The proceeds of all such serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of giving, granting, leasing, or otherwise disposing of the same to the United States of America for the purpose of national defense, and no such bonds shall be issued or disposed of until and unless the United States of America first agree to accept the same and to use the same for national defense purposes. Said serial bonds shall be issued by the Mayor and Aldermen of the City of Savannah after two-thirds of the qualified voters of the City of Savannah have authorized the same in an election held in accordance with the provisions of Section 87-201 to 87-204, both inclusive, of the Code of Georgia of 1933. The Mayor and the Aldermen of the City of Savannah 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. Said bonds shall be validated as pro vided by law."
Section 2. Be it further enacted by the authority aforesaid that when said Amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, said amendment shall be entered on their journals, with the

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505

"ayes" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two 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 land purchase bonds", and all persons opposed to the adoptiOfl of said amendment shall have written or printed on their ballots "Against ratifica tion of amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Savannah to issue land purchase 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 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 thereof as provided by law.
Section 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.
The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :
Those voting in the affirmative were Senators:

Abbot Boy kin Bridges Brinson Brooks Brown Cail Causey Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Holt Ingram Jordan Lindsay Manning Mavity McCranie McGinty

Moate Moore New Nix Pad2:ett Redman Sanders Sears Thomason Thrasher Warnell
Williams, 31st Williamson

On the passage of the bill, the ayes were 39, nays 0.

Not voting: Senators Brannen, Chastain, Cochran, Hass, Kelley, Millican, Palmour, Smith of the 12th, Smith of the 24th, Twiggs, Williams of the 21st, Howe.

By unanimous consent the verification of the roll call was dispensed with.

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The bill, having received the requisite constitutional two-thirds majority, was passed.
Senator Causey of the 46th district asked unanimous consent to have the bill immediately transmitted to the House, 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. 251. A bill amending an Act abolishing the treasury and providing for a depository of Bleckley county, by providing for a deposit of securities in lieu of giving bond; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Fowler of Douglas-
House Bill No. 374. A bill to amend an Act creating a board of commissioners of Douglas county, by providing for compensation of the 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 34, nays 0.
The bill, having received the !equisite constitutional majority, was passed.
By Mr. Douglas of Talbot-
House Bill No. 417. A bill to abolish the offices of tax collector and tax receiver and creating the office of tax commissioner of Talbot county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Goolsby of Monroe-
House Bill No. 457. A bill to amend an Act creating the office of tax cornmissioner of Monroe county, by fixing the compensation of said commissioner; and for other purposes.

THURSDAY, MARCH 2, 1939

507

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Thigpen of Glascock-
House Bill No. 485. A bill to incorporate the City of Edgehill; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Aiken and Franklin of Bulloch-
House Bill No. 492. A bill authorizing the governing authorities of Statesboro to pass zone regulations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Lovett of Laurens-
House Bill No. 500. A bill amending the new charter for the City of Dublin, by providing for the marshaling of water moneys into a sinking fund and improvement of the water 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Saunders of Harris-
House Bill No. 519. A bill to amend an Act fixing the compensation of the board of commissioners of roads and revenues of Harris county, by increasing the salary of said commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

By Messrs. Ford and Sumner of Worth-
House Bill No. 534. A bill to amend an Act creating a new charter for the City of Sylvester; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Almand and Preston of Walton-
House Bill No. 547. A bill to amend an Act creating a board of commissioners of roads and revenues of Walton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill to amend an Act creating a new charter for the Town of Canton to provide for occupation and business taxes; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend an Act of the General Assembly of Georgia approved on July 26th, 1922, creating a new charter and municipal government for Town of Canton, Georgia, to provide for occupation and business taxes and provide for collection and regulation of same in said municirality; and for other purposes.
SECTION 1.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that Section 45 of the Act of the General Assembly of Georgia approved on July 26th, 1922, creating a new charter for Town of Canton, Georgia, be, and the same IS hereby amended by striking from said section the following clause:
"Provided that said tax shall not exceed the sum of one hundred dollars per annum upon such person, firm or corporation." So as that when amended said section of said Act shall read as follows:
"Section 45. Be it further enacted that said mayor and council shall have power to assess and collect such special or occupation tax and license fee as they may deem proper upon each and every or any resident, business, trade, calling,

THURSDAY, MARCH 2, 1939

509

profession, occupation, agency or establishment canied on within the corporate limits of said town. They may, also, regulate, license and tax by ordinance in such sums as they deem proper each itinerant, canvasser, agent or peddler who may be doing business in said town and may require such license to he had in advance; they shall have the same authority over all medicine vendors and persons giving theatrical or other like performances, exhibitions and circuses, and all amusements, carnivals, billiard and pool tables, skating rinks, public hacks and drays, automobiles for hire, sign painters, bill posters and all persons soliciting business of any kind within the limits of said town, and all other businesses, callings or vocations which are not exempt from license under the constitution and laws of Georgia. Said Mayor and Council may provide for punishment in the Recorder's Court of said town any person failing or refusing to pay any of these said taxes or license fees and may collect such sums due by execution as other taxes due said town are collected."
SECTION 2.
Be it further enacted that all laws and parts of laws m conflict with this Act be, and the same are, hereby repealed.
Tlie report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Messrs. Gross of Stephens, Clements of Wheeler, Trippe of Polk and Morgan of Troup--
House Bill No. 218. A bill to amend an Act to create a department of public safety by providing for additional members of the state highway patrol; and for other purposes.
The committee offered the following amendments, which were adopted:
Amend Section 4 by striking the words in line 8 and 9 "reasonable time in the rank immediately below" and insert in lieu thereof the following "period of at least eighteen months as a member of said Uniform Division."
Amend Section 5 by striking same in its entirety and inserting in lieu thereof
the following:
SECTION 5. Section 3, of Article 2, of the said Public Safety Department Act be and the same is hereby amended by adding the following language immediately at the end of said Section 3: "No person in the employ of the department of public safety shall take any part in the management, affairs, or political campaign of any candidate for public office except he shall have a right as a citizen to express his opinion and to cast his vote. No person in the employ of the department of public safety shall, either directly or indirectly, contribute any money or other thing

510

JOURNAL OF THE SENATE,

of value to any person, organization or committe~ for political campaign or election in county or state primaries or general elections. Any employee of the department of public safety convicted of violation of this section shall terminate his connection with the department."
Amend Section 7 by striking the words in line 7 $560,000.00 and inserting in lieu thereof the following "the entire proceeds from the drivers license shall be used for the operation of the public safety department less the amount specified by law for cost of collection."
Amend Section 10, line 15, by striking the words "shall forthwith" and insert in lieu thereof the following "may in his discretion."
Amend Section 14, line 6, by striking the words "at all times."
Amend by striking Section 15 A in its entirety.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Senator Durden of the lOth district asked unanimous consent to be allowed to cast his vote at this time and retire, and the consent was granted.
The senator voted "aye" and was so recorded.
The bill involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative. were Senators:

Brannen Bridges Brown Cail Causey Cloud Daves Dorminy Dunn Durden Fortson Groover

Harrell Holt Howe Ingram Lindsay Manning Mavity McGinty Millican Moate Moore New

Those voting in the negative were Senators:

Redman Sears Smith, 24th Thomason Thrasher Twiggs Warnell Williams, Zlst Williams, 31st Williamson

Abbot Brooks Chastain Cochran

Dawson Estes Hass McCranie

Nix Padgett Sanders Smith, 12th

On the passage of the bill,. the ayes were 34, nays 12.

THURSDAY, MARCH 2, 1939

511

Not voting: Senators Boykin, Brinson, Jordan, Kelley, Palmour. By unanimous consent, the verification of the roll call was dispensed with. The bill, having received the requisite constitutional majority, was passed as amended.
Senator Lindsay of the 34th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
Senator Durden of the lOth district moved that the Senate go into executive session to consider the sealed communication from the Governor, and the motion prevailed.
Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following communication was dispatched to His Excellency, the Governor:
State of Georgia The State Senate
John W. Hammond, Secretary Atlanta
March 2nd, 1939.
Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia. My Dear Governor:
Under the rules governing executive session of the Senate I have the honor to report to you that nomination sent to this body was duly confirmed today as follows:
For Member of State Board of Health, (8th district). Dr. H. W. Clements, of Adel, Cook county, Georgia, for term commencing September 1st, 1938, and continuing for a period of six (6) years from that date. The vote on this nomination was ayes 43, nays 0.
Very sincerely yours,
John W. Hammond, Secretary State Senate.
Senator Lindsay of the 34th district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Hygiene and Sanitation, read the second time, and recommitted:

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JOURNAL OF THE SENATE,

By Senator Lindsay of the 34th district-
Senate Bill No. 183. A bill amending the Code of 1933 relating to the appointment of members of the State .Board of Medical Examiners; and for other purposes.
The consent was granted.
Senator Fortson of the 50th district moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, MARCH 3, 1939

513

Senate Chamber, Atlanta, Georgia,
Friday, March 3rd, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Smith of the 24th district asked unanimous consent to dispense with the call of the roll, and the motion prevailed.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the journal of the preceding session had been examined and found correct.
Senator Sanders of the 36th district asked unanimous consent to dispense with the reading of the journal, and the consent was granted.
The journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and House bills and reso-
lutions.
6. Putting on passage general Senate and House bills and resolutions ready for third reading.
The consent was granted.
Senator Dawson of the 2nd district asked leave of absence for Monday, March 6th, and the leave was granted.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator McCranie of the 48th district-
Senate Bill No. 195. A bill to promote the use of cotton and cotton goods; to regulate the package of fertilizer, cement, cotton bales, cotton seed meal, mixed chicken feeds and farm grains so as to provide for cotton cloth containers; and for other purposes.
Referred to Committee on Agriculture.

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JOURNAL OF THE SENATE,

By Senator Dawson of the 2nd districtSenate Bill No. 196. A bill to repeal an Act approved February 7th, 1938,
entitled "An Act to abolish the office of tax collector of Liberty county; to create in lieu thereof the office of tax commissioner"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senators Nix of the 32nd, Howe of the 38th and Manning of the 39th districts-
Senate Bill No. 197. A bill to create in the department of labor of the State of Georgia a division of personnel administration; to provide for merit examinations for employment; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Thrasher of the 27th districtSenate Bill No. 198. A bill to amend Section 45-601 of the Code of 1933, by
changing the open season during which shad may be taken from the waters of the state, from February 1st to April 20th, following, to January 1st to March 1st, following; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Thrasher of the 27th districtSenate Bill No. 199. A bill to amend Section 45-322 of the Code of 1933,
relating to the use of traps, poisons, etc., in killing or capturing game birds and animals, and to hunting game birds and animals at night by providing how violations of this section be punished ; and for other purposes.
Referred to Committee on Game and Fish. By Senator Palmour of the 33rd district-
Senate Bill No. 200. A bill to amend Chapter 95-18 of the Code of 1933, relating to the designation of railroad crossings as safe or unsafe; and for other purposes.
Referred to Committee on Public Utilities.
Mr. Groover of the 37th 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. 186. Do pass. Senate Bill No. 160. Do pass.
Respectfully submitted, Groover of 37th district, chairman.

FRIDAY, MARCH 3. 1939

515

Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report: Mr. President:
Your committee on Privileges and Elections have had under consideration the following bills 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. 167. Do pass, as amended. House Bill No. 396. Do not pass.
Respectfully submitted,
McCranie of 48th district, chairman. Mr. McGinty of the 43rd 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 House and Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 174. Do pass. House Bill No. 68. Do pass. House Bill No. 347. Do pass. House Bill No. 372. Do pass.
Respectfully submitted,
McGinty of 43rd district, chairman.
Mr. Howe of the 38th 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 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. 176. Do pass. Senate Bill No. 182. Do pass. House Bill No. 23. Do pass.

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JOURNAL OF THE SENATE,

House Bill No. 133. Do pass.
House Bill No. 162. Do pass.
Respectfully submitted,
Howe of 38th district, chairman,
Mr. Holt of the 3rd district, chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
Senate Bill No. 183. Do pass.
Respectfully submitted,
Holt of 3rd district, chairman,
Mr. Manning of the 39th district, chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government have had under consideration the
following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 189. Do pass.
Senate Bill No. 156. Do pass, as amended.
Respectfully submitted, :Manning of 39th district, chairman,
Dr. Daves of the 14th district, chairman of the Committee on Pensions, submitted the following report:
Mr. President:
Your Committee on Pensions have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 557. Do pass.
Respectfully submitted, V. C. Daves of 14th district, chairman,
Mr. Millican of the 52nd district, chairman of the Committee on Counties and County Matters, submitted the following report:

FRIDAY, MARCH 3, 1939

517

Mr. President: Your Committee on Counties and County Matters have had und~r considera-
tion 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. 608. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman,
The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senators Abbot of the 18th, Brown of the 4th and Causey of the 46th districts-
Senate Bill No. 156. A bill repealing an Act approved August 26th, 1872, entitled "An Act to prescribe the manner of incorporating towns and villages of this state"; and for other purposes.
By Senator Sanders of the 36th district-
Senate Bill No. 160. A bill to repeal an Act entitled "Penal Administration Board"; to transfer the powers and duties of said board to the prison and parole commission; and for other purposes.
By Senators Palmour of the 33rd, Mavity of the 44th, Nix of the 32nd, Brinson of the 42nd and 23 others-
Senate Bill No. 167. A bill to require the holding of presidential preference primaries; fixing the time for such pramaries; providing the machinery therefor; and for other purposes.
By Senator Harrell of the 7th district-
. Senate Bill No. 174. A bill to amend an Act, known as the Act to fix the maximum charges of tobacco warehouses in Georgia, by providing a minimum charge which tobacco warehouses may make for each one hundred pounds of tobacco sold in the State of Georgia; and for other purposes.
By Senators Spivey o the 16th and Harrell of the 7th districts-
Senate Bill No. 176. A bill to amend Part III, Chapter 27-29 (Fines, and Fines and Fortunes Fund}, by adding a new section numbered 27-2915, to provide priority of payment of costs of justices and constables in commital courts where the defendant is, later, convicted and the fine, and fine and costs paid; and for other purposes.
By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of the 19th and Brinson of the 42nd districts-
Senate Bill No. 182. A bill to authorize the record owner of legal title to an interest in land as security for debt to recover trees, or their value, without the

518

JOURNAL OF THE SENATE,

written consent of such owner, or otherwise convert any trees growing or grown on such lands; and for other purposes.
By Senator Boykin of the 29th district-
Senate Bill No. 186. A bill to repeal Section 77-509 of the Code of 1933, providing for the appointment of members of the pardon and parole commission, and fixing their terms; and to substitute in lieu thereof a new Section 77-509 to provide for the election by the people of the members of the pardon and parole commission; and for other purposes.
By Senator Manning of the 39th district-
Senate Bill No. 189. A bill amending an Act authorizing the mayor and council of Marietta to have held by the qualified voters an election to determine whether bonds shall be issued, by adding a section authorizing extension of water mains and electric lines beyond the city limits of Marietta; and for other purposes.
The following bills of the House, favorably reported by committees, were read .the second time :
By Mr. Evans of McDuffie-
Hause Bill No. 23. A bill to repeal an Act approved February 16th, 1938, to prescribe penalties for felonies ; to provide who shall fix punishment; and for other purposes.
By Mr. Curry of Randolph-
House Bill No. 68. A bill regulating the purchase of pecans m the State of Georgia; and for other purposes.
By Messrs. Edwards and Connell of Lowndes-
House Bill No. 133. A bill to amend a section of the Code of Georgia with reference to fixing fees of auditors for reporting evidence to exceed not more than fifteen cents per one hundred words; and for other purposes.
By Mr. Whipple of Bleckley-
House Bill No. 162. A bill amending an Act regulating the effect of conveyances and encumbrances of property of a deceased person; and for other purposes.
By Mr. Hill of Screven-
House Bill No. 347. A bill to prohibit goats from running at large m the County of Screven; and for other purposes.
By Mr. McBride of Montgomery-
House Bill No. 372. A bill to prohibit goats from running at large in counties having a population of not less than 10,010 and not more than 10,030; and for other purposes.

FRIDAY, MARCH 3, 1939

519

By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 557. A bill to amend the charter of the City of Macon so as to create a special fund to be known as the "Firemen and Police Pension Fund"; and for other purposes.
By Mr. Thigpen of Glascock-
House Bill No. 608. A bill to amend an Act entitled an Act creating a board of commissioners of roads and revenues of Glascock county so as to provide that no member of the immediate family of a commissioner shall be eligible to serve as clerk; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 85. A bill to be entitled an Act to fix the fees to which the ordinaries of this state are entitled; 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 Millican of the 52nd district-
Senate Bill No. 132. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.
The House has passed, by the requisite constitutional majority, the following bills of the House, to-wit:
By Mr. McCracken of Jefferson-
House Bill No. 231. A bill to be entitled an Act to amend the Income Tax Act of 1937; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 358. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.
By Mr. Pilcher of Warren-
House Bill No. 364. A bill to be entitled an Act to amend Code Section No. 68-502; and for other purposes.
By Mr. Claxton of Johnson-

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JOURNAL OF THE SENATE,

House Bill No. 529. A bill to be entitled an Act to amend the Act creating the city court of Wrightsville; and for other purposes.
By Mr. Corbett of Atkinson-
House Bill No. 537. A bill to be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to allow the City of Pearson to incur an additional bonded indebtedness; and for other purposes.
By Messrs. Allison of Gwinnett, Gowen of Glynn, Bennett of Ware, and Grayson and McNall of Chatham-
House Bill No. 213. A bill to be entitled an Act to amend an Act approved December 24th, 1937, relative to motor carriers; and for other purposes.
Senator Thrasher of the 27th district asked unanimous consent to have the following bills withdrawn from the Committee on Game and Fish, read the second time, and re-committed:
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 178. A bill prohibiting commercial fishing in the inside waters of the Georgia coast except in St. Andrews and St. Simons sounds; and for other purposes.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 179. A bill amending an Act authorizing the dir~ctor of wild life to make certain rules in regard to fish, oysters and sea foods; and for other purposes.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 180. A bill providing for a new license tax on fishing boats; and for other purposes.
The consent was granted, and the bills were given second reading.
The following bills of the House were read the first time and referred to committees:
By Messrs. Allison of Gwinnett, Gowen of Glynn, MeN all and Grayson of Chatham, Bennett of Ware-
House Bill No. 213. A bill to amend an Act relating to licenses for motor vehicles by providing that motor vehicles within a radius of five miles from some railroad, freight or passenger depot when operated by a common carrier shall not be deemed a common or contract carrier for hire; and for other purposes.
Referred to Committee on Motor Vehicles.

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521

By Mr. McCracken of Jefferson-
House Bill No. 231. A bill to amend the Income Tax Amendment Act approved December 29th, 1937, (Extraordinary Session, Pages 150-155) by striking therefrom in its entirety Section 7 of the said Act relating to federal income tax reductions and by substituting in lieu thereof a new section relating to exemptions; and for other purposes.
Referred to Committee on Finance.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 358. A bill to amend an Act establishing a new charter for the City of Atlanta approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes.
~eferred to Committee on Municipal Government.
By Mr. Pilcher of Warren-
House Bill No. 364. A bill to amend Code Section No. 68-502 definitions of certain terms used in chapter, by amending sub-section, relative to weight of motor vehicles transporting agricultural products; and for other purposes;
Referred to Committee on State of Republic.
By Mr. Claxton of Johnson-
House Bill No. 529. A bill to amend an Act creating a city court of Wrightsville, in Johnson county, so as to provide that the judge of the superior court of Dublin judicial circuit can preside in the said court in cases when the judge of city court is disqualified; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Corbett of Atkinson-
House Bill No. 537. A bill to propose an amendment to Article 7, Section 7,
Paragraph 1, of the constitution so as to allow the City of Pearson to incur an additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following bills and resolutions of the House an~ Senate were read the third time and put upon their passage:
By Senator Millican of the 52nd district-
Senate Bill No. 173. A bill to amend an Act providing for pensions for the police department of 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, nays 0.

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The bill, having received the requisite constitutional majority, was passed.
By Mr. Yawn of Dodge-
House Bill No. 141. A bill amending an Act creating a new charter for the City of Eastman; to consolidate and amend the Acts relating to the powers of said corporate city; and for other purposes.
The committee offered the following amendment, which was adopted:
By striking therefrom Section 2 in its entirety and inserting in lieu thereof a new Section to be known as Section 2 and reading as follows:
Section 2.
This Act shall have no force or effect until same shall have been submitted to and approved by a majority of the qualified voters of the City of Eastman, voting at a special election to be called by the Council of the City of Eastman within 60 days after the approval of this Act by the Governor. Said election shall be held under the rules governing special elections. There shall be printed on the ballots used in said election the following:
"For amendment to the city charter of Eastman as provided in Act known as House Bill 141 passed by 1939 General Assembly."
"Against amendment to the city charter of Eastman as provided in Act known as House Bill 141 passed by 1939 General Assembly."
Those favoring the approval of this Act shall vote for amendment to the city charter of Eastman. Those opposing this Act shall vote against amendment to the city charter of Eastman. Should a majority of the qualified voters participating in said election vote for the amendment to the city charter of Eastman, this Act shall be of full force and effect, and the City Council shall within 30 days call an election for the City Manager by the qualified voters of the City of Eastman. If a majority of the qualified voters participating in said election vote against the amendment to the city charter of Eastman, then this Act shall be of no effect but shall be null and void.
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, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Gavin of Clay-
House Bill No. 475. A bill to repeal an Act establishing the city court of Fort Gaines; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 3, 1939

523

On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Thigpen of Glascock-
House Bill No. 279. A bill to reduce the bond of the sheriff of Glascock county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Kaigler of Quitman-
House Bill No. 514. A bill to repeal an Act creating the office of solicitor for the county court of Quitman county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Holt of the 3rd District-
Senate Bill No. 171. A bill to authorize the City of Baxley to create a city authority to construct, operate and maintain self-liquidating projects; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend an Act approved August 21, 1911, creating and establishing a new charter for the City of Baxley, as variously amended, by creating for said City of Baxley a City Authority; to define the powers of said City Authority; and prescribe its members; to authorize said City Authority to construct, reconstruct, operate and maintain self-liquidating projects embracing water works, sewage systems, disposal plants and other relating facilities; to authorize the issuance of revenue bonds of the City Authority, payable solely from earnings and revenues, to pay the cost of such projects; providing for the collection and pledging of revenues and other charges for the sale of such bonds and for the cost of maintenance, operation and repair of the projects; to authorize the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders thereof; to provide that no debt of the City of Baxley shall be incurred in the exercise of any of the powers granted by this Act and authorized by this Act; making such bonds legal investments and free of taxation, providing for condemnation by said City Authority; authorizing the issuance of revenue refunding bonds; fixing the

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venue or jurisdiction of actions relating to the provisions of this Act and the time within which such actions must be brought; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the Act of the General Assembly of Georgia, approved August 21, 1911, entitled "An Act to create and establish a new charter for the City of Baxley; to declare the rights, powers and privileges of said corporation ; to provide for a mayor and council and for other officers for same and for other purposes", as variously amended, be and the same is hereby further amended as follows:
SECTION 2.
There is hereby created for the City of Baxley a City Authority of the City of Baxley, which is hereby constituted a body corporate and politic and by that name and in that style is authorized and empowered to contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Said City Authority shall be and the same is hereby constituted a governmental instrumentality of the City of Baxley and made a public corporation of the State of Georgia. The said City Authority shall consist of three (3) members to be appointed by the Mayor of the City of Baxley, each of whom shall be a resident of the City of Baxley at the time of his appointment. The original appointments shall be made in such manner that the term of one member shall expire on January 1, 1940, the term of another member shall expire on January, 1, 1941, and the term of the remaining members shall expire on January 1, 1942. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice Chairman and shall also elect a secretary and treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in .the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper.
SECTION 3.
DEFINITIONS.
As used in this Act, the following words and terms shall have the following meanings:

FRIDAY, MARCH 3, 1939

525

(a) The word "Authority" shall mean the City Authority created by Section 2 of this Act.
(b) The word "project" shall be deemed to include the following revenueproducing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems, plants, works, instrumentalities, and properties: ( i) used or useful in connection with the obtaining of a water supply and the conversation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment.
(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense hereinbefore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bond~ issued under the provisions of this Act for such project.
(d) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project.
SECTION 4.
POWERS OF AUTHORITY.
The Authority shall have power:
( 1) to have a seal and alter the same at pleasure;
(2) to acquire, hold and dispose of personal property for its corporation purposes;
(3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes; and to use the same

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so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the Authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct or reconstruct any project on lands the title to which shall then be in the City of Baxley, the Mayor is hereby authorized to convey, for and in behalf of the city, title to such lands to the Authority upon payment to the city treasurer the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Mayor and the Chairman of the Authority;
(4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation;
(5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the state are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable;
(6) to construct, reconstruct, erect, acquire, own, repair, add to, remodel, maintain, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
( 7) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(9) to exercise any power usually possessed by private corporations performing similar functions, which is in conflict with the constitution and laws of this state; and
( 10) to do all things necessary or convenient to carry out the powers expressly given in this Act.

FRIDAY, MARCH 3, 1939

527

SECTION 5.
REVENUE BONDS.
The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provision for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within the state. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority

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under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. - The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or thingsthan those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
SECTION 6.
CREDIT OF CITY NOT PLEDGED.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Baxley or a pledge of the faith and credit of the city, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the city to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the city nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section.
SECTION 7.
TRUST FUNDS.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revt"nue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing

FRIDAY, MARCH 3, f939

529

for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 8.
TRUST INDENTURE.
In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for pr~tecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust .company incorporated under the laws of the state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture.
SECTION 9.
REVENUES AND EARNINGS.
The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and coHect the same and to lease and to make contracts with any agency or department of the state with respect to the use of any project or part thereof. Such rentals and other charges shall be

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so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, ( 1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
It shall he the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives.
SECTION 10.
REMEDIES.
Any holder of revenue bonds issued under the provtstons of this Act, or any of the coupons appertaining thereto, and the trustees under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and

FRIDAY, MARCH 3, 1939

531

enforce any and all rights undu the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the city to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the city, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City of Baxley.
In addition to the remedies afforded by this section and otherwise by this Act, the holder of any such bonds shall be entitled to and may pursue all of the remedies afforded to holders of revenue certificates issued pursuant to the Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Certificate Law.
SECTION 11.
CONTRIBUTIONS.
The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
SECTION 12.
REVENUE REFUNDING BONDS.
The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable.
SECTION 13.
LEGAL INVESTMENT AND SECURITY FOR DEPOSITS.
The bonds are hereby made securities in which all public officers and bodies of this state and all municipalities and all municipal subdivisions, all insurance com'panies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies

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and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
SECTION 14.

GOVERNMENTAL FUNCTION.
It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the City of Baxley and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the City of Baxley covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the said City of Baxley.

SECTION IS.

VALIDATION OF REVENUE BONDS.
All revenue bonds issued under this Act shall be validated m the Superior Court in the manner hereinafter set forth.
SECTION 16.

NOTICE TO SOLICITOR-GENERAL OR ATTORNEY-GENERAL.
When the City Authority, hereby created, desires to issue revenue bonds under the provisions of this Act, the Chairman and Secretary of the Authority shall within six months after the passage of the resolution authorizing such bonds notify the Solicitor-General of the Brunswick Judicial Circuit, in writing, of the fact that such resolution has been passed by the governing body and the intention of said Authority to issue said bonds. The service of notice shall be personal upon the Solicitor-General and shall be accompanied by a certified copy of the resolution of the City Authority authorizing the bonds. In the event the Solicitor-General is absent from the circuit the notice shall be served in person upon the AttorneyGeneral.

FRIDAY, MARCH 3, 1939

533

SECTION 17.
DUTY OF ATTORNEY-GENERAL OR SOLICITOR-GENERAL TO
FILE PETITION; ORDER OF COURT; ANSWER.
Within twenty days from the date of service of notice, provided for in the preceding section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the Clerk of the Superior Court of Appling county a petition directed to the Superior Court of said county in the name of the state and against the City Authority, setting forth service of such notice, the amount of bonds to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest is to be paid annually, when to be paid in full and the security to be pledged to the payment of said bonds; and shall obtain from the judge of said court an order requiring the City Authority by its proper officers to show cause at such time and place either in term or chambers within twenty days from the filing of the petition, as the judge may direct, why the bonds and the security for the payment thereof should not be confirmed and validated; which petition and order shall be served in the manner now provided by law for service of petitions upon counties, municipalities or political subdivisions; and to such petition the City Authority shall make sworn answer within the time prescribed herein.
SECTION 18.
NOTICE OF HEARING.
Prior to the hearing of said cause, the Clerk of the Superior Court of Appling county shall publish in a newspaper at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same will be heard.
SECTION 19.
TRIAL OF CASE; PARTIES; JUDGMENT, BILL OF EXCEPTIONS.
Within the time prescribed in the order, the judge of the said Superior Court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident of the City of Baxley, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, and the security therefor, may except thereto within twenty days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases.
SECTION 20.
JUDGMENT VALIDATING FOREVER CONCLUSIVE.
In the event no bill of exceptions shall be filed within the time prescribed

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JOURNAL OF THE SENATE,

herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the s-ecurity therefor, shall be forever conclusive upon the validity of said bonds and the security therefor against the City Authority and all persons whomsoever.
SECTION 21.
HOW BONDS SHALL BE STAMPED.
Bonds, when issued under provision of this Act shall have stamped or written thereon, by the proper officers of the City Authority issuing the same, or their agents or servants, the words: "Validated and confirmed by judgment of the Superior Court," specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the Clerk of the Superior Court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this state.
SECTION 22.
COSTS AND FEE OF SOLICITOR-GENERAL. BY WHOM PAID.
The cost of said case shall be paid in any event by the City Authority, and in addition to costs it shall also pay the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such case.
SECTION 23.
FAILURE OF SOLICITOR-GENERAL OR ATTORNEY-GENERAL
TO FILE PROCEEDINGS: ORDER OF COURT.
In the event the Solicitor-General or the Attorney-General shall fail or refuse to present said petition within the time provided by this Act, it shall be competent for the City Authority to present such facts in writing to the court, and to represent further that such failure has been without fault on the part of the City Authority. In such case it shall be the duty of the court, and he shall have power and authority to inquire into the facts and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of such City Authority, to pass an order authorizing and directing the Solicitor-General or Attorney-General, as the case may be, to proceed within ten days to file the petition authorized by this Act, and thereafter the proceedings shall be heard in the same manner as would have been followed had such petition been duly and promptly filed in the first instance.
Where proceedings are had as provided in this section and a judgment validating such bonds and the security therefor is entered, the same shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been originally taken as provided in this Act, and in such event the judgment of validation shall be finally and completely conclusive in like manner as provided by Section 20 of this Act.

FRIDAY, MARCH 3, 1939

535

SECTION 24.
POWERS NOT IMPAIRED.
While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the City of Baxley itself so compete with the Authority. The provisions of this Act shall be for the benefit of the City of Baxley, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 25.
ACT LIBERALLY CONSTRUED.
This Act, being necessary for the welfare of a subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 26.
CONSTITUTIONAL CONSTRUCTION.
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision ef such court shall not affect or impair any of the remaining provisions.
SECTION 27.
ALTERNATIVE METHOD.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 28.
REPEALING CLAUSE.
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 by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE,

By Mr. McBride of Montgomery-
House Bill No. 467. A bill to amend an Act creating a board of commissioners of roads and revenues for Montgomery county; and for other purposes.
The committee offered the following amendment, which was adopted:
Amending Section 1 thereof, by adding the following at the end of said section: "Provided, that in the event there are two or more candidates residing in any one militia district, only the one in such district obtaining the highest number of votes shall be elected as a member of the board of commissioners of roads and revenues."
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, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Carmichael of Butts-
House Bill No. 545. A bill to amend the charter of the City of Jackson so as to change the time of holding certain 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Coogler of Clayton-
House Bill No. 512. 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 477. A bill to amend the charter of the City of Rossville to provide for additional firemen and policemen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 3, 1939

537

By Mr. DeFoor of Mcintosh-
House Bill No. 152. A bill to repeal an Act to license resident live-stock dealers in Mcintosh county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Mr. Hill of Screven-
House Bill No. 348. A bill to fix the compensation of the treasurer of Screven county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to amend the several Acts creating a city court in Bartow county to abolish the office of solicitor of said court and create the office of county prosecutor; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to establish a City Court in the County of Bartow and for other purposes" approved October 10, 1885, and all the Acts amendatory thereof, including an Act entitled "An Act to amend the Act of the General Assembly of Georgia creating the City Court of Bartow County, approved October 10, 1885, so as to abolish the Ex-officio rights of the Solicitor General of the Cherokee Judicial Circuit of said Court; to provide for the appointment of a Solicitor of said Court, to prescribe his fees; and for other purposes", approved August 1, 1904, and an Act entitled "An Act to amend an Act entitled an Act to create a City Court in the County of Bartow and for other purposes approved October 10, 1885, and the Acts amendatory thereof, to fix the costs in suits involving three hundred ($300.00) dollars, or less, to provide for the distribution of said costs between the court officers, to provide for monthly terms of said courts, to fix the salary of the Judge of the City Court; and for other purposes approved February 17, 1937, and the Acts amendatory thereof, by repealing Sections II of said Act approved October 10, 1885, and February 17, 1937, and Sections II, III, IV, and V of said Act approved August 1, 1904, and Section XXI of said Act approved February 17, 1937, so as to abolish the office of Solicitor and said Court and create the office of County Prosecutor in lieu

538

JOURNAL OF THE SENATE,

thereof; to provide for the length of terms, to provide for the election of and to fix the salaries of the Judge and County Prosecutor of said Court; to fix the qualifications for County Prosecutor, to define the duties of the County Prosecutor; to repeal all laws or parts of laws in conflict herewith; and for other purposes.
SECTION I.
Be it enacted by the General Assembly of Georgia, that Section II of the aforesaid Act of the General Assembly of Georgia, approved October 10, 1885, which reads as follows:
"SECTION II. Be it further enacted that there shall be a Judge of said City Court who shall be appointed by the Governor by and with the consent and advice of the Senate, who shall hold his office for the term of four years; all vacancies in said office shall be filled by appointment by the Governor for the balance of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy and submit such appointment to the Senate which shall next thereafter convene; the Judge of said City Court shall receive a salary of six hundred dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid quarterly by the Treaiurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, to make provision annually in levying the taxes for this purpose; the said Judge shall receive no other compensation, but may practice law in any court except his own," the Acts amendatory thereof, and Section II of the Act amendatory thereof approved February 17, 1937, which reads as follows:
"There shall be a Judge of the said City Court, who shall be appointed by the Governor of the State by and with the consent and advice of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment by the Governor for the balance of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy, and submit such appointment to the Senate which shall next thereafter convene. The Judge of said Court shall receive a salary of eighteen hundred ($180().00) dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid monthly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, annually in levying the taxes to make provision for this purpose; the said Judge shall receive no other compensation, but may practice law in any court except his own. The Judge of said Court shall have all powers and functions conferred by law upon the Judges of Superior Courts, except in matters exclusively vested in the Superior Courts or the Judges thereof, by the Constitution and laws of the State",
are hereby amended by striking or repealing the same and re-enacting them in the following language, to-wit:
"SECTION II. There shall be a Judge of said City Court who shall be elected by the qualified voters of Bartow County, who shall hold his office for the

FRIDAY, MARCH 3, 1939

539

term of four years except as hereinafter provided. All vacancies, except the vacancy created by the expiration of the four year term, shall be filled by appointments of the Governor until the first day of January after the General Election for members of the General Assembly held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
"If the person elected at the regular elections hereinafter provided for shall die before qualifying or taking office, fail to qualify by the first day of his term, or is legally declared ineligible to hold said office, or if for any reason no regular general election has been held to elect said Judge, or no Judge was elected at said regular election, the Ordinary of the County of Bartow shall c;tll an election to fill the vacancy in the same manner and under the same regulations as elections are called and held for filling vacancies in the office of the Clerk of the Superior Court, said election to be held within 30 days of said death, or failure to qualify or take office, or failure to hold the regular general election, or failure to elect such Judge at the regular general election, or the Judge-elect is legally declared ineligible to hold said office. The holder of the preceding term shall hold the office until the vacancy caused by death before taking office, or said failure to qualify, or failure to hold the regular general election for such Judge or failure to elect such Judge at the regular general election, is filled by the election as provided by the immediately preceding sentence hereof. The person elected at the election called by the Ordinary as hereinbefore provided for shall take office as soon after his election as he qualifies.
"An election to elect a judge of said court shall be held at the General Election at which members of the General Assembly are elected in 1940, and his term of office shall begin at the expiration of the present term of the Judge of said Court as now constituted, and shall continue until the first day of January, 1945. This Act shall not be construed as abolishing or terminating the present term of the Judge of said Court, but he shall continue in his office as Judge for the full term for which he was appointed and commissioned. Beginning with the first day of January, 1945, the term of office of the Judge of said Court shall be four years, and a Judge of said Court shall be elected at the general election in Bartow County at which members of the General Assembly are elected in 1944 and at the general election in said County at which members of the General Assembly are elected, every four years thereafter; the person elected at such elections shall take office as Judge of said Court on the first day of January next after they are elected.
"The Judge of said Court shall receive a salary of eighteen hundred ($1800.00) dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid monthly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, annually in levying the taxes, to make provision for this purpose; the said Judge shall receive no other compensation, but may practice law in any court except his own.
"The Judge of said Court shall have all powers and functions conferred by

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JOURNAL OF THE SENATE,

law upon the Judges of the Superior Court, except in matters exclusively vested in the Superior Courts or the Judges thereof, by the Constitution and laws of the State."
SECTION II
Be it further enacted by the authority aforesaid that Section XXI of the :~fore said Act which was approved on February 17, 1937, which reads as follows:
"Be it further enacted that it shall be the duty of the Governor of the State of Georgia to appoint from the lawyers of Bartow County who have been actively engaged in the practice of law for a period of not less than three years immediately preceding the appointment, a Solicitor for the City Court of Cartersville, which appointment shall be confirmed by the Senate, whose term of office shall be for a period of four years from the time that said appointee shall assume the duties of said Solicitor of said City Court. A new solicitor to be appointed at periods of four years succeeding the first appointment.
"Be it further enacted that the duties of said Solicitor of said City Court shall be the same as those now prescribed for the Solicitor-General of the Cherokee Judicial Circuit, and whose fees shall be the same as the Solicitor General of the Cherokee Judicial Circuit.
"Be it further enacted, that the term of office of the Solicitor of the City
Court of Cartersville, created under the provisions oi this Act, shall not begin
until the expiration of the present term of the Solicitor-General of the Cherokee Judicial Circuit; and that the duties of the Solicitor-General of the Cherokee Judicial Circuit shall continue to be exercised by the said Solicitor-General as to the City Court of Cartersville until the expiration of his present term of office, when his duties as ex-officio Solicitor General of said City Court shall cease and the duties of the Solicitor of said City Court, appointed under this Act, shall begin", and Sections II, III, IV and V of the Act of the General Assembly approved August 1, 1904, published in the Acts of 1904, pages 139-140, providing for a solicitor of said City Court, which read as follows, to-wit:
"Section II. Be it further enacted that it shall be the duty of the Governor of the State of Georgia to appoint from the lawyers of Bartow County who have been actively engaged in the practice of law for a period of not less than three years immediately preceding the appointment, a Solicitor for said City Court of Cartersville, which appointment shall be confirmed by the Senate, whose term of office shall be for a period of four years from the time that said appointee shall assume the duties of said solicitor of said City Court. A new solicitor to be appointed at periods of four years succeeding the first appointment.
"Section III. Be it further enacted that the duties of said Solicitor of said City Court shall be the same as those now prescribed for the Solicitor-General of the Cherokee Judicial Circuit.
"Section IV. Be it further enacted that the term of office of the Solicitor of the City Court of Cartersville, created under the provisions of this Act, shall not

FRIDAY, MARCH 3, 1939

541

begin until the expiration of the present term of the Solicitor-General of the Cherokee Judicial Circuit; and that the duties of the Solicitor-General of the Cherokee Judicial Circuit shall continue to be exercised by the said Solicitor-General as to the City Court of Cartersville until the expiration of his present term of office, when his duties as ex-officio Solicitor-General of said City Court shall cease and the duties of the Solicitor of said City Court, appointed under this Act, shall begin.
"SECTION V. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are, hereby repealed", are hereby amended by striking or repealing the same and the following section passed in lieu thereof:
"SECTION XXI. There shall be a prosecuting attorney for said Court who shall be known as the 'County Prosecutor' who shall be elected by the qualified voters of Bartow County and shall hold office for a term of four years, except as hereinafter provided. The first county prosecutor shall be elected at the election at which members of the General Assembly are elected in said County in 1940. His term of office shall begin at the expiration of the present term of the Solicitor of said Court as now constituted and shall continue until the first day of January, 1945. This Act shall not be construed as abolishing or terminating the present term of the Solicitor of said Court, but he shall continue in his office for the full term for which he was appointed and commissioned. Beginning with the first day of January, 1945, the term of office of the County Prosecutor shall be four years, and he shall be elected and his term of office shall begin at the same time, as provided in Section One of this Act for the election of Judges of said Court, and the beginning of their terms of office. The office of County Prosecutor shall be deemed vacant when no regular general election is held to elect a successor, when no County Prosecutor was elected at such general election, when the County Prosecutorelect dies before qualifying or taking office, or when the Prosecutor-elect is legally declared ineligible to hold the office before taking office, when he fails to qualify by the first day of his term, and under all other circumstances declared by law to create a vacancy. A vacancy occurring in the office of County Prosecutor shall be filled in the same manner and under the same rules and regulations as the same type of vacancy occurring in the office of the Judge of said Court is filled under the provisions of Section One of this Act.
"Be it further enacted that the duties of said County Prosecutor shall be the same as the Solicitor of said City Court, said County Prosecutor to take the place of and act instead of the Solicitor of said Court, the office of said Solicitor being hereby abolished to take effect at the expiration of the present term of the Solicitor of said Court. The County Prosecutor shall be paid a salary of twelve hundred ($1200.00) dollars per annum which shall not be diminished during his term, and which shall be paid monthly by the Treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said County, or other proper officer, annually in levying the taxes, to make provisions for this purpose; the said County Prosecutor shall receive no other compensation but may practice law. The fees which have been and are paid to the Solicitor of said Court

542

JOURNAL OF THE SENATE,

shall be paid to the Treasurer of said County after the County Prosecutor takes office under the terms of this Act, and shall become a part of the general funds of said County of Bartow.
"Be it further enacted that no person shall be eligible to be County Prosecutor of said Court unless at the time of his election or appointment he shall have attained the age of twenty-three years, and be a lawyer, and have actively engaged in the practice of law in the State of Georgia for as much as two years, and shall have been a resident of said County for as much as two years next preceding his election or appointment.
"Be it further enacted that wherever the terms 'solicitor' of said court is used in any Act of the General Assembly, or other law, it shall be held and deemed to mean 'County Prosecutor' after the first County Prosecutor takes his office under the terms of this Act.
"SECTION III. Be it further enacted, that should any one or more provisions of this Act be adjudged unconstitutional or invalid, such invalid provision shall not invalidate the whole or any part of this Act.
"SECTION IV. Be it further enacted, that all Acts and parts of Acts in conflict with this Act are hereby repealed."
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed bv substitute.
By Mr. Hardman of Madison-
House Bill No. 350. A bill to amend an Act providing that vacancy in the office of commissioner of Madison county shall be filled by election by the people; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Messrs. Bruce, Dallis and Morgan of Troup-
House Bill No. 355. A bill to amend the charter of the City of \Vest 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 34, nays 0.

FRIDAY, MARCH 3, 1939

543

The bill having received the requisite constitutional majority, was passed.
By Mr. Sapp of Coffee-
House Bill No. 361. A bill to amend an Act creating a new charter for the City of Douglas, relative to bond issues; and for other purposes.
The report 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 havine: received the requisite constitutional majority, was passed. By Mr. Rawlins of TelfairHouse Resolution No. 141. A resolution providing for payment of premium on surety bonds of the clerk and deputy clerk of the. superior court of Telfair 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 34, nays 0. The resolution, having received the requisite constitutional majority, was passed. By Mr. DeFoor of Mcintosh-
House Bill No. 509. A bill amending an Act creating the comm1ss1oners of Mcintosh county to make the term of election two years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill having received the requisite constitutional majority, was passed. By Mr. Davis of Floyd-
House Bill No. 209. A bill to amend the 1933 code, Section 32-1012, to make it mandatory upon county authorities in certain counties to furnish an office in the courthouse for the county superintendent of schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Lindsay of the 34th district-
Senate Bill No. 183. A bill to amend Section 84-903 of the code of 1933

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JOURNAL OF THE SENATE,

relating to the appointment of members of the state board of medical examiners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 109. A bill to amend Section 201, Chapter 77, of the code of 1933 to provide that any county may establish and maintain quarters for confinement of misdemeanor convicts; and for other purposes.
The committee offered the following amendment, which was adopted:
Amend Section 1, line 14, by striking the words "in chain gang."
Further amend Section 77-201, line 2, by striking the words "in a chain gang" and line 7 by striking the words "in chain gangs" and line 16 by striking the words "in the chain gang." And amend the caption accordingly.
Senator Millican of the 52nd district offered the following amendment, which was adopted:
By striking the word "farms" wherever they appear in the bill, including the caption.
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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Millican of the 52nd district-
Senate Bill No. 149. A bill to amend an Act establishing a new charter for the City of Atlanta, relative to damage suits against the city and assessment of property for taxes; and for other purposes.
The committee offered the following amendments, which were adopted:
Amend Section 3 by adding at the end of said section a new sentence to read as follows and to be a part of revised Section 156:
"The provisions of this section shall not apply to property assessed by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session 1937-1938."
Amend Section 4, line 1 by adding the word "in" after the word "occurring".

FRIDAY, MARCH 3, f939

545

Amend Senate Bill No. 149, Section 5 by adding at end of said section the
following: "Said recommendation to be reported to General Council within 30 days after the same has been referred to chief of police."
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, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Industrial Relations, read the second time, and recommitted:
By Messrs. Lanier, Harris and Jones of Richmond, and others-
House Bill No. 49. A bill amending the unemployment compensation Act to correlate same with the Railroad Unemployment Insurance Act; and for other purposes.
The consent was granted.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to the House amendment:
By Senator Millican of the 52nd district-
Senate Bill No. 132. A bill to amend an Act establishing a new charter for the City of Atlanta, so as to extend the city limits; and for other purposes.
The House offered the following amendment:
By adding at the end of Section 1 of said bill the following words:
"Tract Four. All that tract or parcel of land lying and being in Land Lot
No. 55 of the 18th District of DeKalb county, Georgia, and more particularly
described as follows :
"Beginning at a point on the Fulton and DeKalb county line 219.1 feet south from a point on the southwest corner of the intersection of Bonnie Lane and Zimmer Drive, N. E., and thence running in an easterly direction along the South line of the old Zimmer property for a distance of 1060 feet; thence running in a northerly direction for a distance of 715 feet to the line of the city limits of Atlanta; thence running in a westerly direction for a distance of 545 feet along the line of present city limits; thence running in a westerly direction by north for a distance of 325 feet along the present city limits line to the west side of Bonnie Lane, N. E.; thence running for a distance of 777.5 feet in a southerly direction along the present city limits line to the point of beginning."
Senator Millican of the 52nd district moved that the Senate agree to the House amendment, and the motion prevailed.

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JOURNAL OF THE SENATE,

Senator Durden of the lOth district moved that the Senate go into executive session to consider a sealed communication from His Excellency, the Governor, and the motion prevailed.
Upon dissolution of the executive session, the Senate resumed regular transaction of business.
The following bill of the Senate was taken up for consideration, for the purpose of agreeing or disagreeing to a House amendment:
By Senator Williams of the 31st district-
Senate Bill No. 94. A bill to reduce the bond of the sheriff of Habersham county; and for other purposes.
The House offered the following amendment:
By changing line 3 in Section 1 to read "six thousand" instead of "four thousand."
Senator Williams of the 31st district moved that the Senate agree to the House amendment, and the motion prevailed.
Senator Millican of the 52nd district asked unanimous consent the Senate reconsider its action in passing by substitute the following bill of the House:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to amend the several Acts creating a city court in Bartow county, to abolish the office of solicitor of said court and create the office of county prosecutor; and for other purposes.
The consent was granted.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senator Sanders of the 36th district-
Senate Bill No. 88. A bill to provide that the salary of the deputy clerk of the court of appeals shall be the same as the salary of the deputy clerk of the supreme court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 36th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Messrs. Lanham and Davis of Floyd-

FRIDAY, MARCH 3, 1939

547

House Bill No. 89. A bill relating to making reports by the county school superintendents; and for other purposes.
Upon motion of Senator Brinson of the 42nd district, further action on the bill was postponed until Monday morning, March 6, 1939.
Senator Harrell of the 7th district moved that the Senate do now adjourn until Monday morning, March 6, 1939, at ten o'clock, and the motion prevailed.
The President Pro-Tem announced the Senate adjourned until Monday morning, March 6, 1939, at 10 o'clock.

548

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Monday, March 6th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Harrell of the 7th district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Durden of the lOth district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by the requisite constitutional majority, the following bills of the House, to-wit: By Mr. Pannell of Murray-
House Bill No. 614. A bill to be entitled an Act to amend the Act abolishing the offices of tax collector and tax receiver of Murray county; and for other purposes. By Mr. Pannell of Murray-
House Bill No. 622. A bill to be entitled an Act to amend the Act creating

MONDAY, MARCH 6, 1939

549

the board of commissioners of roads and revenues of Murray county; and for other purposes.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 626. A bill to be entitled an Act to grant and convey to the trustees of Georgia Military College the title to a certain tract of land in the City of Milledgeville; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 636. A bill to be entitled an Act to provide a method of holding elections in the City of Union Point; and for other purposes.
By Mr. Marion Ennis of Baldwin-
House Bill No. 640. A bill to be entitled an Act to amend the Act providing for the election of a board of county commissioners of Baldwin; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 644. A bill to be entitled an Act to amend the charter of the City of Dalton; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 645. A bill to be entitled an Act to repeal the Act incorporating the Town of Tunnel Hill; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 646. A bill to be entitled an Act to authorize the City of Dalton to pass zoning and planning ordinances; and for other purposes.
By Mr. Thornton of Elbert-
House Bill No. 650. A bill to be entitled an Act to amend the charter of the City of Elberton; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 655. A bill to be entitled an Act to amend the charter of the City of East Point; and for other purposes.
By Messrs. Gross and Roughton of Washington-
House Bill No. 660. A bill to be entitled an Act to amend the Act creating the board of county commissioners of Washington county; and for other purposes. By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 664. A bill to be entitled an Act to abolish the office of treasurer of Dodge county; and for other purposes. By Mr. Ferguson of Sumter-

550

JOURNAL OF THE SENATE,

House Bill No. 665. A bill to be entitled an Act to amend the charter of the Town of Leslie; and for other purposes.
By Mr. Ansley of Lee-
House Bill No. 670. A bill to be entitled an Act to amend the charter of the Town of Leesburg; and for other purposes.
By Messrs. Scott and Tipton of Thomas-
House Bill No. 672. A bill to be entitled an Act to authorize the City of Thomasville to construct, operate and maintain self-liquidating utilities; to issue revenue bonds; and for other purposes.
By Mr. Rossee of Putnam-
House Bill No. 674 A. A bill to be entitled an Act to amend the Act authorizing a system of public schools for the City of Eatonton; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 675. A bill to be entitled an Act to create a board of roads and revenue of Wilcox county; and for other purposes.
By Mr. Styles of Fannin-
House Bill No. 679. A bill to be entitled an Act to repeal the Act incorporating the Town of Epworth; and for other purposes.
By Mr. Howard of Long-
House Bill No. 687. A bill to be entitled an Act to amend the Act creating a board of roads and revenues of Long county; and for other purposes.
By Mr. Beck of Carroll-
House Bill No. 688. A bill to be entitled an Act to amend the charter of the Town of Bowdon; and for other purposes.
The House has passed, by the requisite constitutional majority, the following bills of the Senate, to-wit:
By Senator Warnell of the 1st district-
Sen.ate Bill No. 105. A bill to be entitled an Act to amend the Act creating and establishing the city court of Pembroke; and for other purposes.
By Senator Cloud of the 19th district-
Senate Bill No. 111. A bill to be entitled an Act to increase the term of office of the board of county commissioners of Taliaferro county; and for other purposes.

MONDAY, MARCH 6, 1939

551

The House has passed, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senator Smith of the 24th district-
Senate Bill No. 130. A bill to be entitled an Act relating to the erection of a proposed mill structure over the east end of the 14th street bridge in the City of Columbus; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Daves of the 14th district-
Senate Bill No. 201. A bill to require all restaurants, hotels, or other eating places to sterilize all vessels and utensils used by the public, by passing the same under ultra-violet ray sterilizers for .at .least thirty seconds; to provide penalty for the violation of this Act; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Cail of the 17th district.,-
Senate Bill No. 202. A bill 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 Sylvania to incur a bonded indebtedness in addition to that heretofore authorized by the constitution, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including January 1, 1940; and for other purposes.
Referred to Committee on Municipal Government.
By Senators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 203. A bill to provide for the retirement of any member of the industrial board upon having attained the age of seventy years, with fifteen or more consecutive years of service; to provide method of compensation to retired member from the funds derived from workmen compensation insurance carriers and self insurers by the industrial board; and from no other source; and for other purposes.
Referred to Committee on Industrial Relations.
By Senator Dunn of the 22nd district-
Senate Bill No. 204. A bill to abolish the city court of Macon; and to abolish the offices thereof; and to repeal an Act entitled "An Act to establish the city court of Macon in and for the County of Bibb"; approved August 14, 1885; and to provide for the disposition of unfinished business of the city court of Macon; and for other purposes.
Referred to Committee on Special Judiciary.

552

JOURNAL OF THE SENATE,

By senator Dunn of the 22nd district-
Senate Bill No. 205. A bill to re-define the jurisdiction of the municipal court, City of Macon; and to provide for a solicitor general of the said court and prescribe his duties; and to provide for his compensation; and for other purposes.
Referred to Committee on Special Judiciary.
By Senators Spivey of the 16th, Harrell of the 7th, Brinson of the 42nd, Causey of the 46th, Manning of tlie 39th and Howe of the 38th districts-
Senate Bill No. 206. A bill to authorize and provide the effect of docketing, indexing and recording certified copies of petitions commencing proceedings under the Bankruptcy Act of the United States; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senators Brown of the 4th and Warnell of the 1st districts-
Senate Bill No. 207. A bill to amend an Act {Georgia Laws, 1937, pages 264-280) entitled "An Act to create a department of natural resources," etc.; by striking from the caption of said Act the phrase "and for other purposes" and substituting in lieu thereof: "To define certain violations of the provisions of this Act as crimes and to provide punishment for violation of same; and for other purposes."
Referred to Committee on Conservation.
By Senator Durden of the lOth district-
Senate Bill No. 208. A bill to empower the state department of public health to acquire property for certain purposes; and for other purposes.
Referred to Committee on State of Republic.
By Senator Abbott of the 18th district-
Senate Bill No. 209. A bill to amend the charter of the City of Augusta so as to provide a municipal budget; and for other purposes.
Referred to Committee on Municipal Government.
By Senators Manning of the 39th and Spivey of the 16th districts-
Senate Bill No. 210. A bill to amend an Act {Georgia Laws, 1935, pages 367-368) entitled "An Act to promote public health, safety, morals, and general welfare, by prohibiting certain endurance contests," by permitting such contests under certain conditions; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Lindsay of the 34th district, chairman of the Committee on General Judiciary No. 1, submitted the following report:

MONDAY, MARCH 6, 1939

553

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. 181. Do pass.
Respectfully submitted,
Lindsay of 34th district, chairman. Mr. Durden of the lOth 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 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. 136. Do pass as amended by the committee.
House Bill No. 181. Do pass. Senate Resolution No. 48. Do pass.
Respectfully submitted,
Durden of lOth district, chairman. Mr. Abbott of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to the Constitution have had under considera-
tion 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. 537. Do pass.
Respectfully submitted,
Abbott of 18th district, chairman.
Mr. Millican of the 52nd 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:

554

JOURNAL OF THE SENATE,

House Bill No. 593. Do pass. House Bill No. 588. Do pass. House Bill No. 600. Do pass. House Bill No. 548. Do pass. House Bill No. 99. Do pass. House Bill No. 542. Do pass.
Respectfully submitted,
Millican of 52nd district, chairman.
The following bills of the House, favorably reported by committees, were read the second time :
By Mr. Jones of Brantley-
Hause Bill No. 99. A bill to amend an Act creating the office of commissioners of roads and revenues of Brantley county, so as to provide seven commissioners instead of five; and for other purposes.
By Messrs. Parker and Barlow of Colquitt and Carmichael of Cobb-
House Bill No. 136. A bill to amend Section 42-102 of the Code relating to the appointment, duties and salary of the chief drug inspector; and for other purposes.
By Mr. Grice of Bibb-
House Bill No. 181. A bill to increase the membership of the milk control board to seven members; and for other prposes.
By Mr. Corbett of Atkinson-
House Bill No. 537. A bill proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to allow the City of Pearson to incur an additional bonded indebtedness ; and for other purposes.
By Mr. Fowler of Douglas-
House Bill No. 542. A bill to amend an Act fixing the salary of the county treasurer of Douglas County; and for other purposes.
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 548. A bill to amend an Act creating the pension board of Chatham county: and for other purposes.
By Mr. Kaigler of Quitman-
House Bill No. 588. A bill to amend the Act relating to county commissioners of Quitman county so as to provide for purchases made by said county when such purchases amount to $500.00 or more; and for other purposes.

MONDAY, MARCH 6, 1939

555

By Mr. Goolsby of Monroe-
House Bill No. 593. A bill to amend an Act creating a board of commissioners of roads and revenues of Monroe county; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 600. A bill to amend an Act creating a board of commissioners of roads and revenues of Berrien county; and for other purposes.
The following bills of the Senate, favorably reported by committees, were read the second time :
By Senator Groover of the 37th district-
Senate Bill No. 181. A bill to amend an Act approved February 28, 1939, amending Section 53-208 of the Code of 1933, by striking the last sentence of Section 1 and substituting a new sentence to provide for distribution of recovery against ordinary of county and to provide the Act shall not apply where both contracting parties are eighteen years of age or over; and for other purposes.
Senator Millican of the 52nd district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Western and Atlantic Railroad, read the second time, and recommitted:
By Senator Millican of the 52nd district-
Senate Bill No. 172. A bill to aid the Western and Atlantic Railroad by the creation of a commission authorized to contract for the construction and maintenance of income producing buildings; and for other purposes.
The consent was granted.
The following resolution of the Senate, favorably reported by the committee, was read the second time :
By Senator Brooks of the 8th district-
Senate Resolution No. 48. A resolution that the first ten amendments to the United States constitution be and the same are hereby ratified; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Parnell of Murray-
House Bill No. 614. A bill to amend an Act entitled an Act to consolidate and abolish the offices of tax receiver and tax collector of Murray county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Parnell of Murray-

556

JOURNAL OF THE SENATE,

House Bill No. 622. A bill to amend an Act (Georgia Laws 1933, Pages 626634 inclusive), as amended, to fix the salaries of the members of the board of roads and revenues of Murray county; and for other purposes.
Referred to Committee on Counties and County 1\tlatters.
By Mr. Marion Ennis of Baldwin-
House Bill No. 626. A bill to authorize the mayor and aldermen to release and convey certain property of the City of Milledgeville to the board of trustees of Georgia Military College; and for other purposes.
Referred to Committee on University System of Georgia.
By Mr. Boyd of Greene-
House Bill No. 636. A bill to amend an Act entitled "An Act to incorporate City of Union Point, etc.," by repealing the present method of holding elections for officers of said city; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Marion Ennis of Baldwin-
House Bill No. 640. A bill to amend an Act approved December 22, 1898, providing for the election of a board of county commissioners by the people of Baldwin county, and all Acts amendatory thereof by providing for a special election to fill vacancies; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Easley of Whitfield-
House Bill No. 644. A bill to amend the charter of the City of Dalton (Georgia Laws, 1874, Pages 181-190), (Georgia Laws, 1910, Pages 576-582), and all Acts amendatory thereof to abolish road or street duty; to abolish commutation tax; to abolish penalties therefore; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Easley of Whitfield-
House Bill No. 645. A bill to repeal an Act incorporating the town of Tunnel Hill in Whitfield county; approved March 4th, 1856, and all Acts amendatory thereof; to provide for a referendum approving the repeal of the charter of the town of Tunnel Hill; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Easley of Whitfield-
House Bill No. 646. A bill to amend the charter of the city of Dalton by zoning and planning said city; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 6, 1939

557

By Mr. Thornton of Elbert-
House Bill No. 650. A bill to amend an Act providing a charter for the City of Elberton, approved December 19, 1896, and all Acts amendatory thereto; so as to authorize the city to contract for, procure and maintain group life, accident or disability insurance upon and for the benefit of the officers and employees of said city; and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 655. A bill to amend the charter of the City of East Point; to annex certain territory subject to a referendum; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Gross and Roughton of Washington-
House Bill No. 660. A bill to amend an Act creating a board of county commissioners of Washington county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Wiggins of Dodge-
House Bill No. 664. A bill to amend an Act to abolish the office of treasurer of Dodge county; to provide that the ordinary shall perform the duties of the office of treasurer; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Ferguson of Sumter-
House Bill No. 665. A bill to amend an Act by providing for the date of election and terms of elective offices for the Town of Leslie; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Ansley of Lee-
House Bill No. 670. A bill to amend the charter of Leesburg; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Scott and Tipton of Thomas-
House Bill No. 672. A bill authorizing the City of Thomasville to create a city authority by city ordinance; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Rossee of Putnam-
House Bill No. 674 A. A bill to amend the Act authorizing a system of public

558

JOURNAL OF THE SENATE,

schools for Eatonton, by repealing portions of the Act as may create a separate board of trustees for the colored schools of said City; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mr. Tippins of Wilcox-
House Bill No. 675. A bill to create a board of roads and revenue of Wilcox county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Stiles of Fannin-
House Bill No. 679. A bill repealing an Act incorporating the Town of Epworth; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Howard of Long-
House Bill No. 687. A bill to amend an Act creating a board of commissioners of roads and revenues of Long county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Beck of Carroll-
House Bill No. 688. A bill to amend an Act creating a charter for the Town of Bowdon, so as to provide for the time of closing the registration books; and for other purposes.
Referred to Committee on Municipal Government.
The following bill of the Senate was taken up for the purpose of acting upon a House amendment:
By Senator Warnell of the 1st district--
Senate Bill No. 105. A bill to amend an Act creating the city court of Pembroke; and for other purposes.
The House offered the following amendment:
Mr. Gill of Bryan moves to amend Senate Bill No. 105 as follows: In line two of sub-section 5, Section 1, by substituting the figures $33.33 in lieu of the figures $45.00.
That Section six (6) be stricken in its entirety.
Senator Warnell of the 1st district moved that the Senate agree to the House amendment, and the motion prevailed.
The following bill of the Senate was read the third time and put upon its passage:

MONDAY, MARCH 6, 1939

559

By Senator Cail of the 17th district-
Senate Bill No. 146. A bill to amend Section 95-1715 of the Code of 1933 by permitting condemnation of property for road purposes to a width of 200 feet; and for other purposes.
Senator Boykin of the 29th district offered the following amendment, which was adopted:
By adding the following words at the end of Section 1: "Provided, however, the provisions of this Act shall not apply to land within the corporate limits of any municipality."
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, the ayes were 35, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.
The following bill of the Senate was taken up for the purpose of acting upon a House amendment:
By Senator Cloud of the 19th district-
Senate Bill No. 111. A bill to increase the term of office of the board of county commissioners of Taliaferro county; and for other purposes.
The House offered the following amendment:
Mr. Moore of Taliaferro amends Senate Bill No. 111 by striking from Section 4 of same the words "one hundred ($100) dollars per month" and substituting therefor the words "seventy-five ($75) dollars per month."
Senator Cloud of the 19th district moved that the Senate agree to the House amendment, and the motion prevailed.
The following resolution of the Senate was read and adopted:
By Senator Spivey of the 16th district-
Senate Resolution No. 55. A resolution \uging the Metro-Goldwyn-Mayer motion picture company not to produce "The Life of Dr. William Morton" as the discoverer of anesthesia, in deference to the fact that such discovery is attributed to Dr. Crawford W. Long of Georgia; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House has adopted, by the requisite constitutional majority, the following
resolution of the Senate, to-wit:

560

JOURNAL OF THE SENATE,

By Senators Durden of the lOth and Howe of the 38th districts-
Senate Resolution No. 53. A resolution that the interstate commerce commission be memorialized and petitioned by the General Assembly of this state to immediately effectuate uniform rate structures in conformity with the said report for February 27th, 1939.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. McBride of Montgomery-
House Bill No. 467. A bill to be entitled an Act to amend the Act creating the board of commissioners of roads and revenues for the County of Montgomery; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Gross of Stephens-
House Bill No. 235. A bill to amend an Act allocating certain funds to the rural post roads division of the state highway department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Lindsay of the 34th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senator Brooks of the 8th district-
Senate Bill No. 103. A bill to amend Section 68-307 of the Code of 1933 by reducing the age of those permitted to drive motor vehicles from 16 to 14 years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 24, nays 6.
The bill, having failed to received the requisite constitutional majority, was lost.
Senator Brooks of the 8th district gave notice that at the proper time he would move to reconsider the action of the Senate in failing to pass the bill.
The following bill of the Senate, which had been read the third time on February 21, 1939, was taken up for consideration:
By Senator Lindsay of the 34th district-

MONDAY, MARCH 6, 1939

561

Senate Bill No. 19. A bill to provide that no municipality shall have jurisdiction over any property owned, leased or rented by the state, for the purpose of levying taxes on any business carried on on said property; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to on February 21, 1939, and the substitute was adopted.

On the passage of the bill, Senator Lindsay of the 34th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Bridges Brooks Brown Causey Cochran

Cloud Groover Harrell Hass Ingram Kelley

Lindsay McCranie Moate Palmour Sears Twiggs

Those voting in the negative were Senators:

Cail Chastain Daves Dorminy Dunn Durden Fortson

Howe Manning McGintv Millican Moore Padgett Redman

Smith, 12th Thrasher Warnell Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 18, nays 20.

Not voting: Senators Boykin, Brannen, Brinson, Dawson, Estes, Holt, Jordan, Mavity, New, Nix, Sanders, Smith of the 24th, Thrasher.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Manning of the 39th district-

Senate Bill No. 189. A bill authorizing the mayor and council of the City of Marietta to call an election to decide upon a proposed bond issue to extend the sewerage 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, nays 0.

562

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 113. A bill to amend Section 40-1608 of the Code of 1933 to provide for the appointment of assistant attorneys general by the attorney general; and for other purposes.
Senator Harrell of the 7th district moved to amend Senate Bill No. 113 by adding to Section 3, Paragraph 2, after the words "by the attorney general" in line 2, the words "and confirmed by the Senate."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 31, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Senators Millican of the 52nd, Abbot of the 18th and Sanders of the 36th districts-
Senate Bill No. 126. A bill to amend Section 30-102 (2945) "Grounds For Total Divorce" of the Code of 1933 by providing that permanent insanity is grounds for divorce; and for other purposes.
Senators Millican of the 52nd district and Daves of the 14th district offered the following amendment, which was adopted:
By striking the word "three" and inserting in lieu thereof "five" in the fourth line of Sub-section 9.
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, Senator Cail of the 17th district called for the ayes and nays, and the call was sustained.
Senator Abbot of the 18th district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.
The Senator voted "aye" and was so recorded.
A roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Abbot Brannen Brown Causey

Chastain Cloud Daves Dorminy

Dunn Durden Estes Fortson

MONDAY, MARCH 6, 1939

563

i
Harrell Howe Ingram Kelley Manning

Mavity Millican Moate Moore New

Palmour Redman Smith, 24th Thomason Thrasher

Those voting in the negative were Senators:

Bridges Brinson Brooks Cail Cochran Groover

Jordan Lindsay McCranie McGintv Padgett Sears

Smith, 12th Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 27, nays 17.

Not voting: Senators Boykin, Dawson, Hass, Holt, Nix, Sanders, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

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 to reconsider the action of the Senate in passing the bill.

Senator Millican of the 52nd district moved that when the Senate adjourns today it stand adjourned until 9:30 o'clock tomorrow morning, and that daily sessions hereafter shall commence at 9:30 and continue until 1 o'clock or until final disposal of measure under consideration, and the motion prevailed.

Senator Durden of the lOth district moved that the Senat:: do now adjourn, and the motion prevailed.

The President announced the Senate adjourned until 9:30 o'clock tomorrow morning.

564

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Tuesday, March 7th, 1939.
The Senate met pursuant to adjournment at 9:30 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Harrell of the 7th district asked unanimous consent to dispense with the call of the roli, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Millican of the 52nd district gave notice that at the proper time he would move that the Senate reconsider its action in passing Senate Bill No. 113.
Senator Sanders of the 36th district asked unanimous consent to dispense with the reading of the Journal and the consent was granted.
Senator Millican of the 52nd district moved that the Senate reconSider its action in passing the following bill of the Senate:
By Senator Millican of the 52nd district-
Senate Bill No. 113. A bill to provide for the appointment of assistant attorneys general by the attorney general; and for other purposes.
The motion prevailed.
Senator Brooks of the 8th district moved that the Senate reconsider its action in failing to pass the following bill of the Senate:
By Senator Brooks of the 8th district-
Senate Bill No. 103. A bill to amend Section 68-307 of the Code of 1933 to reduce the legal age of drivers of motor vehicles from 16 to 14 years; and for other purposes.
The motion prevailed.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.

TUESDAY, MARCH 7, 1939

565

5. Putting on passage uncontested local Senate and 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 resolution of the Senate was read and adopted:
By Senator Boykin of the 29th and Senator Causey of the 46th districts-
Senate Resolution No. 56. A resolution expressing appreciation and commendation of the work of the Economy Committee of the House in effecting economies in state government; and for other purposes.
The following privileged resolution of the Senate was read and adopted:
By Senator Brooks of the 8th district-
A RESOLUTION
Whereas, the newspapermen covering the daily sessions of this Senate have manifested a spirit of friendship, co-operation and public service, and
Whereas, they have attempted to report our proceedings without fear or favor, giving us credit for what we have done and minimizing any mistakes we have made, and
Whereas, there has been a spirit of comraderie which has built up firm and lasting friendships between members of this body and the representatives of the press,
Therefore be it resolved by the Senate that we express our thanks and appreciation to C. E. Gregory of the Atlanta Journal, Cliff Fligg of the Atlanta Georgian, Frank Drake of the Atlanta Constitution, Ed Bridges of the Associated Press and Merriman Smith of the United Press for their co-operation with us in our efforts to serve the best interests of the State of Georgia at this session of the General Assembly.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senator Redman of the 26th district-
Senate Bill No. 127. A bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for Butts county; and for other purposes.
The House has passed, by the requisite constitutional majority, the following bills of the House, to-wit:

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JOURNAL OF THE SENATE,

By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 695. A bill to be entitled an Act to amend the Acts approved December 15, 1893, and August 13, 1931; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 701. A bill to be entitled an Act to amend the charter of the Town of Decatur; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 702. A bill to be entitled an Act to amend the charter of the Town of Decatur; and for other purposes.
By Messrs. Harris, Jones and Lanier of Richmond-
House Bill No. 703. A bill to be entitled an Act to amend the charter of the City of Augusta; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senators Daves of the 14th and Dorminy of the 45th districts-
Senate Bill No. 211. A bill to amend Section 69-414 of the Code of 1933, and to amend Section 69-417 of the Code of 1933, relating to the issuance of bonds for street improvements, so as to provide that such assessments may be payable in equal annual installments over a period of years, not less than two nor more than ten years; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Jordan of the 15th district-
Senate Bill No. 212. A bill to define shares of stock and certificates of stock in corporations; to provide for and regulate the transfer of such shares and define the effect thereof; to regulate such transfers by executors, etc.; and for other purposes.
Referred to Committee on Corporations.
By Senator Redman of the 26th district-
Senate Bill No. 213. A bill to authorize insurance companies organized under the laws of this state to reinsure their risks; and for other purposes.
Referred to Committee on Insurance.
By Senator Millican of the 52nd district-
Senate Bill No. 214. A bill to provide for the examination of master and journeyman plumbers and steam fitters, carrying on vocations in counties having a population of 150,000 or more by the United States census of 1930 or any future

TUESDAY, MARCH 7, 1939

567

census; to create a board of examiners; and to provide a penalty for violation of said Act; and for other purposes.
Referred to Committee on Industrial Relations.
By Senators Nix of the 32nd and Causey of the 46th districts-
Senate Bill No. 215. A bill to amend an Act entitled "Public Assistance to Aged" (Georgia Laws 1937, page 311) by amending Section 3 thereof so as to classify the persons entitled to assistance and to provide the order in which said classes shall be paid; and for other purposes.
Referred to Committee on Pensions.
By Senator Groover of the 37th district-
Senate Bill No. 216. A bill to amend an Act to consolidate the offices and duties of tax receiver and tax colector of Troup county and create the office of tax commissioner; 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 committees:
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 695. A bill to amend Acts approved December 15, 1893, and August 13, 1931, to provide that the mayor of Lawrenceville shall be an ex-officio member of the Lawrenceville board of education; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 701. A bill to amend the charter of the town of Decatur so as to extend the corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 702. A bill to amend an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the town of Decatur in the county of DeKalb so as to extend the corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Harris, Jones and Lanier of Richmond-
House Bill No. 703. A bill to amend the charter of the city of Augusta and amendments thereto, by providing and establishing an annual municipal budget; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Municipal Government. Mr. Manning of the 39th 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. 578. Do pass.
House Bill No. 580. Do pass.
House Bill No. 617. Do pass, as amended. Senate Bill No. 202. Do pass.
Respectfully submitted,
Manning of 39th district, chairman. Mr. Mavity of the 44th district, chairman of the Committee on Public Utilities, submitted the following report:

Mr. President:
Your Committee on Public Utilities have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:

Senate Bill No. 200. Do pass.

Respectfully submitted,

Mavity of 44th district, chairman.

Mr. Ingram of the 51st district, chairman of the Committee on Western & Atlantic Railroad, submitted the following report:
Mr. President:
Your Committee on Western & 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. 172. Do pass. Respectfully submitted,

Ingram of 51st district, chairman.

Mr. Howe of the 38th district, chairman of the Committee on General Judiciary No. 2, submitted the following report:

TUESDAY, MARCH 7, 1939

569

Mr. President: Your Committee on General Judiciary No. 2 have had under consideration the
following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 89. Do pass.
Senate Bill No. 197. Do pass. Respectfully submitted,
Howe of 38th district, chairman. Mr. Twiggs of the 40th 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 185. Do pass.
Senate Bill No. 187. Do pass. Respectfully submitted,
Twiggs of 40th district, chairman.
Mr. Mavity of the 44th 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 House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 49. Do pass, as amended.
tl
Respectfully submitted,
Mavity of 44th district, chairman.
Mr. Mavity of the 44th 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:

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JOURNAL OF THE SENATE,

Senate Bill No. 203. Do pass.

Respectfully submitted,

Mavity of 44th district, chairman.

Mr. Redman of the 26th 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. 213. Do pass.

Respectfully submitted,

Redman of 26th district, chairman.

Mr. McGinty of the 43rd 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. 195. Do pass.

Respectfully submitted,

McGinty of 43rd district, chairman.

Mr. Howe of the 38th 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 recommendation:

Senate Bill No. 206. Do pass.

Respectfully submitted,

Howe of 38th district, chairman.

Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary have had under consideration the follow-

TUESDAY, MARCH 7, 1939

571

ing 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. 158. Do pass.

House Bill No. 529. Do pass.

Respectfully submitted,

Sanders of 36th district, chairman.

The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senators Brinson of the 42nd, Palmour of the 33rd and Howe of the 38th districts-

Senate Bill No. 89. A bill creating the office of judge emeritus and providing for the appointment of judges of the court of appeals thereto upon reaching the age of 70 years, having continuous judicial service for 10 years; and for other purposes.

By Senator Dunn of the 22nd district-

Senate Bill No. 158. A bill to repeal title 86 of the Georgia code of 1933, which said title relates to public defense; and for other purposes.

By Senator Twiggs of the 40th district-

Senate Bill No. 185. A bill to amend an Act entitled "Equalizing Educational Opportunities Act" (Ga. Laws 1937, Pages 882-892) by striking therefrom the provision excepting certain school systems from the operation of the said Act; and for other purposes.

By Senator Twiggs of the 40th district-

Senate Bill No. 187. A bill to adopt an official coat of arms and an official flag for the state of Georgia; and for other purposes.

By Senator McCranie of the 48th district-

Senate Bill No. 195. A bill to promote the use of cotton and cotton goods; to regulate the package of fertilizer, cement, cotton bales, cotton seed meal, mixed chicken feeds and farm grains so as to provide for cotton cloth containers; and for other purposes.

By Senators Nix of the 32nd, Howe of the 38th and Manning of the 39th districts-

Senate Bill No. 197. A bill to create in the department of labor of the state of Georgia a division of personnel administration; to provide for merit examinations for employment; and for other purposes.

By Senator Palmour of the 33rd district-

Senate Bill No. 200. A bill to amend chapter 95-18 of the Code of Georgia

572

JOURNAL OF THE SENATE,

of 1933, relating to the designation of railroad crossings as safe or unsafe; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 202. A bill 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 Sylvania to incur a bonded indebtedness in addition to that heretofore authorized by the constitution, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including J anuary 1st, 1940; and for other purposes.
By Senators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 203. A bill to provide for the retirement of any members of the industrial board upon having attained the age of seventy years, with fifteen or more consecutive years of service; to provide method of compensation to retired member from the funds derived from workmen's compensation insurance earners and self insurers by the industrial board; and for other purposes.
By Senators Spivey of the 16th, Harrell of the 7th, Brinson of the 42nd, Causey of the 46th, Manning of the 39th and Howe of the 38th districts-
Senate Bill No. 206. A bill to authorize and provide the effect of docketing, indexing and recording certified copies of petitions commencing proceedings under the bankruptcy Act of the United States; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Allison of Gwinnett, Gowen of Glynn, MeNall and Grayson of Chatham, Ber.nett of Ware-
House Bill No. 213. A bill to amend an Act relating to licenses of motor vehicles by providing that motor vehicles within a radius of five miles from some railroad, freight or passenger depot when operated by a common carrier shall not be deemed a common or contract carrier for hire; and for other purposes.
By Mr. Claxton of Johnson-
House Bill No. 529. A bill to amend an Act creating the city court of Wrightsville, in Johnson county, so as to provide that the judge of the superior court of Dublin judicial circuit can preside in the said court in cases when the judge of city court is disqualified; and for other purposes.
By Messrs. Terrell and Blackshear of Hall-
House Bill No. 578. A bill to amend an Act approved October 2, 1879 (Ga. Laws 1878-1879), creating the town of Belton, to provide that the mayor and councilmen of the town shall have the power to levy and collect a tax of not exceeding one per cent upon all property within the corporate limits; and for other purposes.

TUESDAY, MARCH 7, 1939

573

By Mr. English of Lamar-
House Bill No. 580. A bill to amend an Act providing a charter for the city of Barnesville and prescribing the jurisdiction, powers and duties of the governing officials, and all Acts amendatory thereof, by vesting in the mayor and council the authority to pass zoning laws for said city; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 617. A bill to amend the charter of the city of Rossville providing for operation and maintenance of revenue-producing public work, authorizing and regulating the issuance of bonds for financing such works; and for other purposes.
Senator Durden of the lOth district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on State of the Republic, read the second time, and recommitted:
By Senator Durden of the lOth district-
Senate Bill No. 208. A bill to empower the state department of public health to acquire property for certain purposes; and for other purposes.
The consent was granted.
Senator :Manning of the 39th district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
By Senators Manning of the 39th and Spivey of the 16th districts-
Senate Bill No. 210. A bill to amend an Act to promote public health, safety and morals by prohibiting certain endurance contests, and by permitting such contests only under certain conditions; and for other purposes.
The consent was granted.
The following bills and resolutions of the House and Senate were read the third time and put upon their passage:
By Mr. Claxton of Johnson-
House Bill No. 175.
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 <he Constitution of Georgia, so as to authorize the trustees of the Kite Consolidated School District of Johnson 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 May 1, 1924, and which becomes due up to and including May 1, 1944; to provide that the funds raised from

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JOURNAL OF THE SENATE,

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 May 1, 1944; 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 Kite Consolidated School District of Johnson County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $20,000, for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said school district outstanding and which becomes due up to and including May 1, 1944, 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 Kite Consolidated School District of Johnson County, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of May 1, 1944. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Kite 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 Constitution, authorizing the Kite Consolidated School District of Johnson County, Georgia, 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 Kite Consolidated School District of Johnson County, Georgia, 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.
Section 3. When said amendment has been ratified and proclamation has been issued by the Governor, all laws and parts of laws in conflict herewith are repealed.

TUESDAY, MARCH 7, 1939

575

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Boy kin Bridges Brinson Brooks Cail Causey Chastain .Cochran Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Holt Howe Ingram Kelley Mannin2: McCranie Millican Moate

Moore New Nix Padgett Redman Sanders Sears Smith, 12th Thomason Thrasher Twiggs Williams, 21st Williamson

On the passage of the bill, the ayes were 40, nays 0.

Not voting: Senators Brannen, Brown, Hass, Jordan, Lindsay, Mavity, McGinty, Palmour, Warnell, Smith of the 24th, Williams of the 31st.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

By Senators Abbot of the 18th, Brown of the 4th, and Causey of the 46th districts-

Senate Bill No. 156. A bill to repeal an Act prescribing the manner of incorporating towns and villages; and for other purposes.

The committee offered the following amendments, which were adopted:

( 1) Amend the caption by adding to same the following: "To provide for the expiration of all superior court charters heretofore issued; to repeal all laws in conflict and for other purposes."

(2) Amend said bill by adding a new section to be known as "Section 1-A" and to read as follows: "Section 1-A. Be it further enacted that all charters heretofore issued by a superior court shall expire on the 1st day of March, 1941."

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 28, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Resolution No. 45.
A RESOLUTION
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 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 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 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 i~sues, provided such issues be on or before a date not later than ninety (90) days after the holding of the election at which this amendment is submitted for ratification, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on such date not later than ninety (90) days after the holding of the election at which this amendment is submitted for ratification. Such notes or debt certificates may be issued in such denominations, 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."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds (2/3) 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 (2) 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 amendment shall at said general election be submitted to the people for ratification.
All persons voting in 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 Macon to retire deficit and pay current indebtedness", 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

TUESDAY, MARCH 7, 1939

577

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.

Section 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 resolution, was agreed to.

The resolution proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Cloud Daves Dawson

Dorminy Dunn Estes Fortson Groover Holt Howe Ingram Kelley Manning McCranie McGinty Millican

Moate Moore Nix Padgett Redman Sanders Sears Thomason Thrasher Twiggs Williams, 21st Williamson

On the passage of the resolution, the ayes were 38, nays 0.

Not voting: Senators Brannen, Durden, Harrell, Hass, Jordan, Lindsay, Mavity, New, Palmour, Smith of the 12th, Smith of the 24th, Warnell, Williams of the 31st.

By unanimous consent, the verification of the roll call was dispensed with.

The resolution, having received the requisite constitutional two-thirds majority, was passed.
By Senators Brin~on of the 42nd, Spivey of the 16th, Durden of the lOth, Harrell of the 7th and Cloud of the 19th districts-

Senate Bill No. 182. A bill to authorize the record owner of legal title to an interest in land as security for debt to recover trees or their value from those

578

JOURNAL OF THE SENATE,

who, without written consent of the owner, buy, sell or convert same to their own use; and for other purposes.
Senator Brinson of the 42nd district offered the following amendment, which was adopted:
By adding the following proviso at the end of Section 1 as amended by the Manning amendment: "The owner of said land shall be allowed to use said timber for his own use, such as firewood or other necessary uses of timber in and around said farm."
Senator Manning of the 39th district offered the following amendment, which was adopted:
By adding the following at the end of Section 1: "Provided such recovery may be had by action at law from the purchaser or purchasers of such interest in the trees, mineral or other rights or interest in said encumbered real estate, either jointly or severally, with the holder of the equitable title."
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, the ayes were 33, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator McGinty of the 43rd district-
Senate Bill No. 155. A bill to require preparation and publication of a report of receipts and disbursements of public funds by authorities of cities, towns and counties; and for other purposes.
Senator Thrasher of the 27th district offered the following amendment, which was adopted :
Amend Senate Bill No. 155, Section 1, by adding a new paragraph to be known as Section 1-A, which shall read as follows: "Provided that this law shall not affect those counties and towns that now have a local law requiring publication of these expenditures monthly."
Senator Millican of the 52nd district offered the following amendment, which was adopted:
Amend Senate Bill No. 155 by adding a new section to be known as Section 4-A and reading as follows:
Section 4-A. The provisions of this Act shall not apply to municipalities located in counties having a population of 200,000 or more according to the 1930 Federal Census or any future Federal Census.
Senator Dawson of the 2nd district offered the following amendment:

TUESDAY, MARCH 7, 1939

579

Senator Dawson of the 2nd district moved to amend Senate Bill No. 155 by adding the following proviso at the end of Section 2:
"Provided that the operation of this Act shall be effective only upon the recommendation of the regularly drawn grand juries at each term of the superior courts in the respective counties of the state."
On the adoption of the amendment, the ayes were 7, nays 22, and the amendment was lost.
Senator McGinty of the 43rd district offered the following amendment, which was adopted :
By striking the words "semi-annually" and "and July 1" wherever same appear and inserting the word "annually" in lieu of "semi-annually".
Senator Redman of the 26th district offered the following amendment:
That Senate Bill No. 155 be amended so that it will apply only to such counties after two successive grand juries so recommend, by adding the following to Section 4: Provided this Act shall become effective only after two successive grand juries have so recommended.
The amendment was lost.
Senator Redman of the 26th district moved that the Senate reconsider its action in fajling to adopt the above amendment, and the motion prevailed, ayes 24, nays 10.
On the adoptiOn of the Redman amendment, the ayes were 21, nays 17, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Sanders of the 36th district asked unanimous consent that a substitute which he was offering to House Bill No. 78 be printed and placed upon the desk of each Senator, and the consent was granted.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Howe of the 38th district-
Senate Bill No. 131. A bill to amend section 9-401 of the code of 1933 defining the practice of law; and for other purposes.
Senator Groover of the 37th district offered the following amendment, which was adopted :

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JOURNAL OF THE SENATE,

Add to the section just before the repealing clause: "Provided that this Act does not apply to those appearing before the pardon and parole board."
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, the ayes were 31, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Howe of the 38th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
Senator Millican of the 52nd district moved that the Senate reconsider its action in passing the following bill of the Senate:
By Senators Abbot of the 18th, Brown of the 4th, and Causey of the 46th districts-
Senate Bill No. 156. A bill repealing an Act prescribing the manner of incorporating towns and villages; and for other purposes.
The motion prevailed.
Senator Smith of the 24th district asked unanimous consent to strike the committee amendm<:nts from the bill, and the motion prevailed.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was read the third time and put upon its passage:
By Senators Millican of the 52nd and Abbot of the 18th districts-
Senate Bill No. 161. A bill to amend the constitution of Georgia to submit local amendments to the constitution only to voters of counties affected; and for other purposes.
Senator Millican of the 52nd district offered the following amendment, which was adopted:
By adding at the end of the first line of Section 1 after "Paragraph 1" the words "of the constitution of Georgia".
Senator Lindsay of the 34th district offered the following admendment:
By striking the words "or more" on Line 6 of Section 1. Further amend Section by striking the words "or counties" on Line 8 of Section 1, and by striking the words "or counties" on Line 13 of said Section 1, and by striking the words "or counties" on Line 17 of said section, and amend caption accordingly.
Senator Abbot of the 18th district called for the previous question on the bill and all amendments, and the call was sustained.

TUESDAY, MARCH 7, 1939

581

On the adoption of the above amendment, Senator Lindsay of the 34th district called for the aye5 and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Boy kin Bridges Brooks Causey Cloud Estes Groover Harrell

Howe Ingram Lindsay Manning McCranie McGinty Moate Moore

Nix Padgett Sanders Sears Smith, 12th Smith, 24th Thomason Twiggs

Those voting in the negative were Senators:

Abbot Brinson Cail Chastain Cochran Daves Dawson

Dorminy Dunn Durden Fortson Hass Holt Jordan

Kelley Millican New Redman Warnell Williams, 21st Williamson

On the adoption of the amendment, the ayes were 24, nays 21.

Not voting: Senators Brannen, Brown, Mavity, Palmour, Thrasher, Williams of the 31st district.

By unanimous consent, the verification of the roll call was dispensed with.

The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

The bill, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Cail Causey Chastain

Cochran Cloud Daves Dawson Dorminy Dunn Durden Estes Fortson

Groover Harrell Hass Holt Howe Ingram Jordan Kelley Manning

582

JOURNAL OF THE SENATE,

McCranie McGinty Millican Moate Moore New

Nix Padgett Redman Sanders Sears Smith, 12th

Thomason Twiggs Warnell Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 45, nays 0.

Not voting: Senators Brown, Lindsay, Mavity, Palmour, Smith of the 24th, Thrasher.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed as amended.

The bill, as passed, was as follows:

A BILL

To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 13, Section 1, Paragraph 1, of the Constitution of Georgia so as to authorize the submission of amendments to the constitution that affects only a county or a municipality, to be submitted only to the voters of such county in which the municipality is located, that are to be affected by the amendment; to provide a method of submission; to provide for the submission of this amendment for ratification by the people; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows:

SECTION 1.

That Article 13, Section 1, Paragraph I, of the Constitution of Georgia shall be amended by adding at the end thereof a new paragraph in the following words, to-wit:
"Provided, however, that proposed amendments to the constitution, which only affect or apply to one county, or one municipality, shall only be submitted to the voters of the county which the proposed amendment affects or applies, or in the county in which the municipality affected is located. Such proposed amendment shall be published in one newspaper in the county affected, or of the county in which the municipality affected is located, for two months previous to the time of holding the next general election, and shall be submitted to the people in such county at the next general election and if ratified by a majority of the electors qualified to vote tor members of the General Assembly, voting thereon, such amendment shall become a part of this constitution."
SECTION 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"

TUESDAY, MARCH 7, 1939

583

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 the state may be vote.d 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 to Article J3, Sectiqn 1, Paragraph 1, of the constitution,
providing for the submission of amendments to the constitution that affect only a county or municipality", 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 13, Section 1, Paragraph 1, of the Constitution providing for the submission of Admendments to the Constitution that affect only a county or municipality", and if a majority of the electors qualified to vote for members of the General Assembly, Yoting thereon, shall vote for the ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 13, Section 1, Paragraph 1, of the constitution of the state, and the Governor shall make a proclamation therefor, as provided by law.
SECTION 3.
All laws and parts of laws in conflict herewith are hereby repealed.
The following bills of the House were read the third time and put upon their passage:
By Mr. Lovett of Laurens-
House Bill No. 74. A bill to repeal an Act to amend an Act relating to special criminal bailiffs; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Jones of Brantley-
Hause Bill No. 99. A bill to amend an Act creating the office of commissioners of roads and revenues of Brantley county, so as to provide seven commissioners instead of five; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lovett and Evans of Laurens-

584

JOURNAL OF THE SENATE,

House Bill No. 254. A bill to repeal an Act creating the city court of Dublin, by providing for the salary of the judge and solicitor of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Hill of Screven-
House Bill No. 347. A bill prohibiting goats from running at large in Screven county; to provide for a referendum submitting this Act to the qualified voters of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. McBride of MontgomeryHouse Bill No. 372. A bill to prohibit goats from running at large in certain
counties; to prescribe penalties for the violation of this Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Lovett of LaurensHouse Bill No. 538. A bill to amend the Act creating a new charter for the
city of Dublin, so as to provide for the annual election of certain officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Lovett of LaurensHouse Bill No. 539. A bill to amend the charter of the city of Dublin so as to
empower the mayor to suspend officers and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 7, 1939

585

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Fowler of Douglas-
House Bill No. 542. A bill to amend an Act fixing the salary of county treasurer 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 548. A bill to amend an Act creating a pension board of Chatham county, affecting pensions of widows of employees killed In line of duty; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bloodworth, Grice and Merritt of Bibb-
House Bill No. 557. A bill to amend the charter of the city of Macon so as to create a special fund to be known as the "Firemen and Police Pension 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Kaigler of QuitmanHouse Bill No. 588. A bill to amend the Acts relating to county commissiOners
of Quitman county; to provide for purchases made by said commissioners when such purchases amount to $500.00 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Goolsby of Monroe-

586

JOURNAL OF THE SENATE,

House Bill No. 593. A bill to amend an Act creating a board of commissioners of roads and revenues for Monroe county, so as to provide for an annual audit of the books of said commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Swindle of Berrien-
House Bill No. 600. A bill to amend an Act creating the board of commissioners of roads and revenues of Berrien, so as to provide that the county physician shall be named for two years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Thigpen of Glascock-
Hause Bill No. 608. A bill to amend an Act creating a board of commissioners of roads and revenues of Glascock, so as to provide that no member of the immediate family of a commissioner shall be eligible to serve as clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for consideration:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to amend the several Acts creating the city court in the county of Bartow by abolishing the office of solicitor and creating the office of prosecutor; and for other purposes.
The committee substitute, previously adopted and reconsidered, was readopted.
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, MARCH 7, 1939

587

Senator Fortson of the 50th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9:30 o'clock tomorrow morning.

588

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Wednesday, March 8th, 1939.

The Senate met pursuant to adjournment at 9:30 o'clock 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 to dispense with the call of the roll, and the consent was granted.

Senator Williams of the 31st district, vice-chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.

Senator Millican of the 52nd district asked unanimous consent to dispense with the reading-of the Journal, and the consent was granted.

The Journal was confirmed.

Senator Durden of the lOth district asked unanimous consent that 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 House bills and resolutions favorably reported.

4. First reading of House bills and resolutions.

5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill and resolution of the House, to-wit:

By Mr. Foster of Towns-
House Bill No. 704. A bill to be entitled an Act to require the tax collector of Towns county to issue all tax receipts in numerical order; and for other purposes.
By Mr. Key of Jasper-
House Resolution No. 176. A resolution favoring the passage of the "Federal Aid to Education Act of 1939"; and for other purposes.

WEDNESDAY, MARCH 8, 1939

589

The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Brinson of the 42nd district-
Senate Bill No. 217. A bill to amend the charter of the city of Summerville relative to municipal elections; and for other purposes.
Referred to Committee on Municipal Government.
By Senators Smith of the 24th and Lindsay of the 34th districts-
Senate Bill No. 218. A bill establishing a public corporation to be known as the "Atlanta Produce Market Authority"; authorizing the authority to establish a wholesale produce market in the city of Atlanta; authorizing the issuance of revenue bonds of the authority, etc., and for other purposes.
Referred to Committee on State of Republic.
The following resolution of the Senate was read and adopted:
RESOLUTION
By Senators Durden of the lOth, Harrell of the 7th, Estes of the 35th, Thrasher of the 27th and Fortson of the 50th-
Whereas, members of the Committee of the University System of Georgia on Friday and Saturday, March 3rd and 4th, 1939, did accompany Senator Susie T. Moore, chairman of the committee, on an inspection of the Coastal Plains Experimental Station, and the Abraham Baldwin Agricultural College, at Tifton, Georgia; and,
Whereas, the citizens of Tifton, and the officials of the Coastal Plains Experimental Station and the Abraham Baldwin Agricultural College did entertain the committee lavishly and with every hospitality; and,
Whereas, the committee was especially favored with an appetizing and delicious breakfast at the home of our beloved chairman, Senator Susie T. Moore; and,
Whereas, this delightful breakfast was preceded by a very unique and captivating menu, captioned as follows:

590

JOURNAL OF THE SENATE,

Senate Bill No. 1001 A Bill to Abolish Hunger Introduced by Senator Susie T. Moore, Tifton, Georgia, and Containing the Following Bill of Fare:
Armour's Tomato Juice

Tift County -Ham

Tift County Sausage

Tift County Eggs

Tift County Grits

Tift County Blackberry Jam

Hot Biscuit

Coffee

And,

Whereas, the members of the committee at this wonderful breakfast were presented with paper napkins bearing the following stenciled lines:

Susie T. Moore Breakfast University Committee March 4, 1939, Tifton, Georgia.

Now therefore, be it resolved by the Senate that in order to show our appreciation for the kindness and hospitality shown the committee, that a copy of this resolution be presented our beloved and distinguished Senator Susie T. Moore, and that this resolution also be placed on the Journal.
Mrs. Moore of the 47th district, chairman of the Committee on University of Georgia, submitted the following report:

Mr. President:
Your Committee on University of Georgia 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. 626. Do pass.
Respectfully submitted,
Moore of 47th district, chairman.
Mr. Durden of the lOth district, chairman of the Committee on State of Republic, submitted the following report:

WEDNESDAY, MARCH 8, 1939

591

Mr. President: Your Committee on State of Republic have had under consideration the follow-
ing 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. 208. Do pass.
House Bill No. 16 and Amendments. Do not pass.
Respectfully submitted,
Durden of lOth district, chairman.
Mr. Cloud of the 19th 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. 212. Do pass.
Respectfully submitted,
Cloud of 19th, district chairman.
Mr. Brooks of the 8th 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. 157. Do not pass.
Respectfully submitted,
Brooks of 8th district, chairman.
Mr. Millican of the 52nd 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 considera-
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:
Senate Bill No. 193. Do pass, as amended.
Senate Bill No. 196. Do pass.

592

JOURNAL OF THE SENATE,

House Bill No. 675. Do not pass. House Bill No. 687. Do pass. House Bill No. 664. Do pass. House Bill No. 622. Do pass, by substitute. House Bill No. 614. Do pass, as amended. House Bill No. 660. Do pass. House Bill No. 640. Do pass. Senate Bill No. 216. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.
Mr. Manning of the 39th 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:
House Bill No. 672. Do pass, by substitute. House Bill No. 644. Do pass. House Bill No. 646. Do pass. House Bill No. 645. Do pass. House Bill No. 679. Do pass. House Bill No. 665. Do pass. House Bill No. 636. Do pass. House Bill No. 650. Do pass. House Bill No. 655. Do pass. House Bill No. 688. Do pass. Senate Bill No. 209. Do pass.
Respectfully submitted, Manning of 39th district, chairman. The following bills of the Senate, favorably reported by committees, were read the second time :

WEDNESDAY, MARCH 8, 1939

593

By Senator Durden of the lOth district-
Senate Bill No. 193. A bill to provide for the appointment of county planning councils; and for other purposes.
By Senator Dawson of the 2nd district-
Senate Bill No. 196. A bill to repeal an Act approved February 7, 1938, entitled "An Act to abolish the office of tax collector of Liberty county; to create in lieu thereof the office of tax commissioner"; and for other purposes.
By Senator Abbot of the 18th district-
Senate Bill No. 209. A bill to amend the charter of the city of Augusta so as to provide a municipal budget; and for other purposes.
By Senator Jordan of the 15th district-
Senate Bill No. 212. A bill to define shares of stock and certificates of stock in corporations; to provide for and regulate the transfer of such shares and define the effect thereof; to regulate such transfers by executors, etc.; and for other purposes.
By Senator Groover of the 37th district-
Senate Bill No. 216. A bill to amend an Act to consolidate the offices and duties of tax receiver and tax collector of Troup county and create the office of tax commissioner; and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Pannell of MurrayHouse Bill No. 614. A bill to amend an Act entitled an Act to consolidate and
abolish the offices of tax receiver and tax collector of l\ti urray county; and for other purposes.
By Mr. Pannell of MurrayHouse Bill No. 622. A bill to amend an Act (Ga. Laws 1933, Pages 626-634,
inclusive) as amended, to fix the salaries of the members of the board of roads and revenues of Murray county; and for other purposes.
By Mr. Marion Ennis of BaldwinHouse Bill No. 626. A bill to authorize the mayor and aldermen to release
and convey certain property of the city of Milledgeville to the board of trustees of Georgia Military College; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 636. A bill to amend an Act entitled "An Act to incorporate the city of Union Point, etc.", by repealing the present method of holding elections for officers of said city; and for other purposes.

594

JOURNAL OF THE SENATE,

By Mr. Marion Ennis of Baldwin-
House Bill No. 640. A bill to amend an Act approved December 22, 1898, providing for the election of a board of county commissioners by the people of Baldwin county, and all Acts amendatory thereof, by providing for a special election to fill vacancies; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 644. A bill to amend the charter of the city of Dalton (Ga. Laws 1874, Pages 181-190) (Ga. Laws 1910, Pages 576-582) and all Acts amendatory thereof to abolish road or street duty; to abolish commutation tax; to abolish penalties therefor; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 645. A bill to repeal an Act incorporating the town of Tunnel Hill in Whitfield county, approved March 4, 1856, and all Acts amendatory thereof; to provide for a referendum approving the repeal of the charter of the town of Tunnel Hill; and for other purposes.
By Mr. Easley of Whitfield-
House Bill No. 646. A bill to amend the charter of the city of Dalton by zoning and planning said city; and for other purposes.
By Mr. Thornton of Elbert-
House Bill No. 650. A bill to amend an Act providing a charter for the city of Elberton, approved December 19, 1896, and all Acts amendatory thereto; so as to authorize the city to contract for, procure and maintain group life, accident or disability insurance upon and for the benefit of the officers and employees of said city; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 655. A bill to amend the charter of the city of East Point; to annex certain territory subject to a referendum; and for other purposes.
By Messrs. Gross and Roughton of Washington-
House Bill No. 660. A bill to amend an Act creating a board of county commissioners of Washington county; and for other purposes.
By Mr. Wiggins of Dodge-
House Bill No. 664. A bill to amend an Act to abolish the office of treasurer of Dodge county; to provide that the ordinary shall perform the duties of the office of treasurer; and for other purposes.
By Mr. Ferguson of SumterHouse Bill No. 665. A bill to amend an Act by providing for the date of elec-
tion and terms of elective offices for the town of Leslie; and for other purposes.

WEDNESDAY, MARCH 8, 1939

595

By Messrs. Scott and Tipton of Thomas-

House Bill No. 672. A bill authorizing the city of Thomasville to create a city authority by city ordinance; and for other purposes.

By Mr. Stiles of Fannin-

House Bill No. 679. A bill repealing an Act incorporating the town of Epworth; and for other purposes.

By Mr. Howard of Long-
House Bill No. 687. A bill to amend an Act creating a board of commissioners of roads and revenues of Long county; and for other purposes.

By Mr. Beck of Carroll-
House Bill No. 688. A bill to amend an Act creating a charter for the town of Bowdon, so as to provide for the timt' of closing the registration books; and for other purposes.

Senator Thrasher of the 27th district moved that the following bill of the House be placed upon the calendar for the purpose of disagreeing with the report of the Committee on State of the Republic, which was unfavorable to the passage of the bill:

By Messrs. Evans of McDuffie, Lovett of Laurens and Moore of Lumpkin-

House Bill No. 16. A bill abolishing the present state licensing board for contractors and transferring their functions to the state highway board; and for other purposes.

The motion prevailed, ayes 21, nays 17.

The following report of the special Senate committee appointed to investigate the state penal institution was read, adopted and ordered placed in the Journal:

Hon. John B. Spivey, State Senate, Atlanta, Georgia.

Atlanta, Georgia, March 6th, 1939.

Dear Sir:
Acting under the resolution adopted by the state Senate we, as members of the committee appointed to investigate the state penal administration in Georgia, beg to submit the following report:
1. Your committee met at Reidsville on February 17th and for a period of approximately seven hours went into conditions fully at the prison, as well as receiving testimony from various witnesses.
2. Your committee on the following day, February 18th, visited the woman's prison at Milledgeville and went into conditions fully at this point.

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JOURNAL OF THE SENATE,

3. On February 22nd the committee met in Atlanta and received testimony from a number of witnesses.
4. In addition to the above scheduled hearings the committee met on several occasions among themselves and also the chairman and Senator Groover of the committee have had conferences with county wardens and county commissioners for the purpose of securing as much data as possible for the benefit of the entire committee.
5. It is our opm10n that a five-man board is entirely too large and topheavy
to properly serve the penal administration in Georgia, as there has been too much division of authority and confusion as well as some friction among members of the board. We also find that there has been considerable friction between the board and the director, and as a result of this very little has been accomplished along the lines of improving the penal administration in the state. We find that the board has had no set date for scheduled meetings and it is our opinion that a board as vital as the penal board should have scheduled meetings at least once each month and on a definite set date. As a result of the failure of the board to have definite dates the chairman has assumed considerable responsibility in directing the affairs of the entire board and this has added to the confusion and inefficiency. We find that the director has been taking orders from the board, from the chairman of the board and also from the executive department and as a result of this there has been no unified line of authority.
6. We deplore the fact that after being removed from warden at Tattnall prison, Mr. Walton was re-employed at Milledgeville as warden of the woman's prison. We do not feel that this party is temperamentally suited or equipped for this position.
7. We find evidence of favoritism being shown in the distribution of convicts to the various counties and we find that there has been no fair system set up to allocate felony prisoners on a basis of each county receiving their share of convicts on an equitable basis.
8. We find that there has been practically nothing done within the past twelve months by the penal administration in regard to the segregation of first offenders. although it is the understanding of this committee that one of the prime features in the establishment of the penal board was that first offenders would be segregated from hardened criminals.
9. We further find that there is no chaplain at the Reidsville prison at the present time and this office has been vacant for some time. Your committee urges that a permanent chaplain be secured as early as possible, as we all feel the great need of this office properly filled at all times.
10. Your committee looks with disfavor on the taking out of the prison convicts to be used by any member of the board, such as in the case of Sylvester Houzine, a negro convict convicted of murder, who was used for several months by the chairman of the board, Mr. Blalock, as a chauffeur and yard man. We also call attention to the fact that this convict drove a car on the highways of Geor-

WEDNESDAY, MARCH 8, 1939

597

gia during this period without a driver's license, which was strictly contrary to the law.
11. We find that the industries division of the Tattnall prison has been operating very efficiently under the direction of Mr. George A. Fisher, and we believe that it would be to the interest of the state that machinery for the making and repairing of shoes and items of this kind to be used exclusively by the prisoners, be installed. We find that the industries division has not been working to its full capacity, such as the concrete pipe plant, on account of various departments of the state government not placing orders for concrete pipe, etc. We earnestly urge close co-operation between the various departments of the state government with the view of maximum amount of material and supplies being secured by the various departments of the state from the industries division, which should result in keeping the prison labor busy and at the same time in a great saving to the state itself ~for the material and supplies so furnished. We earnestly recommend that Mr. Fisher, in charge of the prison industries, be allowed to select without interference those prisoners best suited and most capable to operate the various industries, and this recommendation also applies to free labor which comes under the industries division.
12. This committee feels that a good selection has been made m the recent appointment of Mr. Mark Sims as warden.
13. We find that the present system in regard to felony prisoners being transferred upon conviction in the various counties to Tattnall prison is impractical and unnecessarily expensive and we feel that this method should be abolished and that the felony prisoners on conviction in the various counties should be photographed, finger printed, and the necessary records made by the county prison authorities and furnished to the penal administration without the necessity of the prisoner being transferred to the Tattnall state prison.
14. We find that on account of a confusion in authority that the inspection incident to the penal administration during the past twelve months has not been efficient and has been sadly neglected. We recommend that the penal administration re-establish a regular inspection program of the prison camps of this state and that monthly reports be required of the inspectors. Your committee understands that there are two inspectors whose duty it is to inspect the prison camps in all counties in the state maintaining convict prisoners, and we feel that this particular duty requires the full time of these two inspectors and they should be engaged in this work constantly in order to give proper inspection and to make proper reports to the penal administration. We find that this inspection service has been inadequate throughout the state, either by reason of the fact that the present inspectors have not devoted their full time and efforts to this work or by reason of the fact that sufficient force is not available for this work. We believe that this is a most important service to the penal administration and we urge the proper authorities to give proper direction that this inspection be made of all prison camps in the state as stated above.
15. We recommend that the present penal board of five members be abolished

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as being cumbersome and topheavy and in lieu thereof a board of three members to be known as the state board of correction be established, said board to be appointed by the Governor and confirmed by the Senate, said board to employ a secretary, said secretary to work at the will of the board and the board shall prescribe his duties. The said board of three members to take over all the powers and duties heretofore vested in the penal administration board and to have sole charge of and responsibility for the penal system of Georgia.
16. That the present office of director be abolished.
17. We wish again to call the attention of the Senate to the deplorable conditions existing at Milledgeville woman's prison and we wish to impress upon the Senate the absolute necessity in common decency to provide more adequate and suitable facilities for our prisoners there.
18. We wish to commend the foresight of the state of Georgia in providing the Tattnall prison. We find that the prison is one of the most, if not the most, modern state prisons in the United States and is being well cared for and preserved, but this prison is for males, and we feel that the state should provide adequate facilities for its women prisoners.
19. Your committee feels that there are many convicts in Georgia at the present time who should be entitled to parole or pardon, due to not having legal representation, it has been almost impossible for their cases to be presented to the prison and parole board and we further find that in only a few cases has the prison and parole board ever requested from the penal board a recommendation on cases which they have had before them, and we believe that this entire situation would work out to the best interest of the state if at least every twelve months the pardon and parole board would receive recommendations from the board of correction as to inmates who the warden or other officials of prisons feel are entitled to recommendation for parole or pardon, and your committee urges that very close co-operation be given by the pardon and parole board and the board of correction in connection with this matter.
20. In conclusion your committee wishes to take this opportunity of thanking all of the witnesses appearing in connection with the hearings shown in this report. Attached to this report is a transcript of the evidence taken in connection with this investigation.
21. Having made our report and having submitted it herewith and feeling that we have completed the report in so far as we can make the same at this session, we respectfully ask for our discharge.
Respectfully,
Don B. Howe of the 38th district, chairman, G. Everett Millican of the 52nd district, M. E. Groover of the 37th district, Wallace E. Harrell of the 7th district, Paul L. Lindsay of the 34th district.

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599

Supplemental report of the Special Committee on Penal Administration:
Whereas, the undersigned committee has made its report and recommended the discontinuance of the position of director, the committee wishes it clearly understood that, in recommending the discontinuance of the office of director, the committee desires to go on record as in no manner reflecting upon the ability and efficiency of the director, Mr. Anderson, whose efficiency and honesty was shown clearly by the evidence before us at the hearings.
Respectfully submitted,
Don B. Howe of the 38th district, Wallace E. Harrell of the 7th district, G. E. Millican of the 52nd district, 'M. E. Groover of the 37th district, Paul L. Lindsay of the 34th district.
The following bills and resolutions of the House and Senate were read the third time and put upon their passage:
By Senator Brooks of the 8th district-
Senate Resolution No. 48. A resolution ratifying the first ten amendments to the constitution of the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
By Senator Cail of the 17th district-
Senate Bill No. 202.

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 Sylvania 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,

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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 Sylvania, in Screven County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of twenty thousand ($20,000.00) 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 providmg 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 Sylvania 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 Mayor and Councilmen and shall be validated by law."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds 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 submittt'd 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 Sylvania 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 the amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Syivania 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.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Bridges Brinson Brooks

Cail Causey Chastain Cochran Cloud

Daves Dawson Dorminy Dunn Estes

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601

Fortson Groover Hass Holt Ingram Jordan Kelley Lindsay

Manning .Mavity McCranie McGinty Millican Moate Moore New

Nix Padgett Sanders Sears Smith, 12th Twiggs Williams, 31st Williamson

On the passage of the bill, the ayes were 39, nays 0.

Not voting: Senators Brannen, Brown, Durden, Harrell, Howe, Palmour, Red man, Smith of the 24th, Thomason, Thrasher, Warnell, Williams of the 21st.

By unanimous consent, the verificaticn of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. McBride of Montgomery-
House Bill No. 194. A bill to amend the revenue certificate law by authorizing schools as well as counties to participate under the Act; and for other purposes.

Senator Millican of the 52nd district offered the following substitute, which was adopted:

A BILL
To be entitled an Act to amend the "Revenue-Certificate Law of 1937" (Georgia Laws 1937, pages 761-774) authorizing counties, cities and towns to acquire, construct, improve, etc., certain revenue producing undertakings and issue negotiable certificates repayable from revenue, by authorizing school districts to enjoy the benefits of said law, and by enlarging the meaning of the term "undertaking" so as to include dormitories, laboratories, libraries and other related facilities, and parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits and fairs for educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith; by amending subsection (d) of Section 3, relating to the power of a municipality, as defined in the Act, to pledge revenues from undertakings to the payment of revenue certificates, so as to provide that municipalities may fix the value of existing undertakings and pledge to the payment of revenue anticipation certificates and interest thereon such part of the revenue of such undertaking as the cost of the reconstruction improvement, betterment and expense of the undertaking bears to the said cost plus the value of the existing undertaking before improvement and extension; to amend

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Section 13 of said Act relating to the validation of the issuance of revenue certificates and the manner of taking exceptions to judgments thereon, by adding a proviso authorizing the valuation of existing undertakings and the review of such valuations; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia:

SECTION 1.
That Section 2 of the "Revenue-Certificate Law of 1937'' (Georgia Laws 1937, pages 761-774) which section defines the term "undertaking", be and the same is hereby amended by adding at the end of subsection (a) (3) two additional subsections enlarging and adding to the meaning of the term "undertaking" as follows:
~ 4) Dormitories, laboratories, libraries and other related facilities.
( 5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith":
and by amending subsection (b) of said Section 2 as follows: by adding between the words "any" and "county" in said subsection the words "school district", so that said Section 2 of said Act as amended shall read as follows:
"Section 2. Definitions. Wherever used in this Act, unless a different meaning clearly appears from the context:
(a) The term 'undertaking' shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:
( 1) Causeways, tunnels, viaducts, bridges, and other crossings;
(2) Highways, parkways, airports, docks, piers, wharves, terminals and other facilities;
(3) Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment.

WEDNESDAY, MARCH 8, 1939
(4) Dormitories, laboratories, libraries .md other related facilities.
(5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith.
(b) The term 'municipality' shall mean any school district, county, city or town of the State.
(c) The term 'governing body' shall mean the board, commission, council, or other local legislative body of a municipality."
SECTION 2.
That subsection (d) of Section 3 of said Act, which section relates to the power of a municipality, as defined in the Act. to pledge revenues derived from undertakings to the payment of revenue anticipation certificates, be and the same is hereby amended by adding at the end of said subsection a new subsection to be numbered "d-1" as follows:
"To fix the value of existing undertakings at the time the school district, county, city or town desires to reconstruct, improve, better or extend such undertaking, and to pledge to the payment of the revenue anticipation certificates and the interest thereon, issued for said undertaking under this Act such part of the revenues of such undertaking as the cost of the reconstruction, improvement, betterment, or extension of the undertaking bears to the said cost plus the value of the existing undertaking before reconstruction, improvement, betterment or extension. The provisions of this subsection shall not be construed to restrict or limit the powers granted in subsection (d) of Section 3."
SECTION 3.
That Section 13 of said Act, relating to the validation of the issuance of revenue certificates and the manner of taking exceptions to the judgments thereon, be and the same is hereby amended by adding at the end of said Section the following:
"Whenever the authorities of a school district, county, city or town shall value existing undertakings under the provisions of subsection 'd-1' of this Act, the Superior Courts may review the action of such school district, county, city or 'town authorities in fixing the said value, which review shall be had in the proceedings to validate the revenue anticipation certificates issued under this Act.''

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SECTION 4.
All laws or 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 by substitute.
On the passage of the bill, the ayes were 37, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Millican of the 52nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senator Groover of the 37th districtSenate Bill No. 181. A bill to amend an Act amending Section 53-208 of
the code of 1933 relative to suits against ordinaries for violations involving marriages of those under 18 years of age; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Groover of the 37th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
The following message was received from the House through Mr. Greer, the clerk thereof :
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. Yawn of DodgeHouse Bill No. 141. A bill to be entitled an Act to amend the charter of
the City of Eastman; and for other purposes.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Sanders of the 36th districtSenate Bill No. 160. A bill to repeal an Act entitled "Penal Administration
Board" and to transfer the powers and duties of said board to the prison and parole commission; and for other purposes.
Senator Smith of the 24th district asked unanimous consent that the Senate recess daily from 12:30 until 1:30 until further notice and hold afternoon sessions, and the consent was granted.

WEDNESDAY, MARCH 8, 1939

605

The Senate recessed at 12:30 and reconvened at 1:30 and resumed consideration of Senate Bill No. 160.
Senator Dunn of the 22nd district called for the previous question, and the call was sustained.
Senators Howe of the 38th, Millican of the 52nd, Harrell of the 7th, Lindsay of the 34th and Groover of the 37th districts offered the following substitute:
A BILL
To be entitled an Act to repeal an Act creating the State Penal Administration Board; to create a State Board to be known as the Board of Penal Corrections; to provide the number of members to compose said board, and to provide for their appointment, term of office, and compensation; to prescribe the duties and powers of said board; to provide the effective date when this Act shall become operative; to repeal all laws in conflict with 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 on and after the passage of this Act, an Act approved January 24, 1938, (Georgia Laws 1937-1938, page 195), creating the State Penal Administration Board, providing for the number of members to compose said board, their qualifications, appointment, powers and duties, and other things, be, and the same is hereby repealed. The repealing of this law to become effective upon the appointment and qualification of the members of the board hereinafter created by this Act.
SECTION 2. Be it further enacted that there is hereby created a state board to be known as the Board of Penal Corrections, to be composed of three members to be appointed by the Governor with the approval of the Senate.
SECTION 3. The members of said board shall draw no salaries and shall receive no emoluments of office other than seven dollars ($7.00) per diem while actually engaged in the performance of duties as members of said board, and actual expenses, including traveling expenses while engaged in official business of said board.
SECTION 4. The Governor shall appoint to said board one member whose term shall expire February 1, 1940, one member whose term shall expire February 1, 1941, and one member whose term shall expire February 1, 1942. After the first original appointments have expired, thereafter each appointment shall be for a full term of five years. Any vacancy occurring on the board shall be filled for the unexpired term by appointment of the Governor, such appointment to be subject to the approval of the Senate.
SECTION 5. The board shall elect one of its members as chairman, who shall serve at the pleasure of the board. Said board shall have the authority to select a secretary for the board who shall serve at the pleasure of the board at such salary as may be fixed by the board. Said secretary shall have such powers, duties and authorities as may be delegated to him by the board.

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SECTION 6. The said Board of Penal Corrections is hereby vested with full and complete authority, supervision and control over all misdemeanor and felony prisoners in the penal institutions of this state, as provided by law, except that all authority relating to the granting of parole, probation, the supervision of parolees and probationers, shall be exercised by the State Prison and Parole CommiSSIOn. Said board shall have authority to transfer misdemeanor and felony prisoners from one penal institution to any other penal institution m the state, and shall have authority to assign such convicts to !>erve in any of the penal institutions of the state.
SECTION 7. The said Board of Penal Corrections is hereby authorized and empowered to establish such industry and manufacture such products as are permitted by law, to make necessary agreements and arrangements with other departments, institutions and agencies of the state and the political subdivisions thereof, pertaining to the labor and services of convicts, to make all rules and regulations pertaining to and concerning the reception, safeguarding, care, custody, employment, assignment, re-assignment, and control of all felony and misdemeanor prisoners in this state. Said board is further authorized and empowered to hire and discharge at will, either with or without cause, all personnel necessary for the carrying out of the powers and duties imposed on said board by this Act, including wardens, guards, or any other personnel necessary.
SECTION 8. The said board shall hold its meetings at such times and places as may be deemed necessary, and shall assemble upon the call of the chairman of the board or upon a written request by a majority of said board, and a majority of said board shall constitute a quorum to transact all business.
SECTION 9. Said board shall have the power and authority to conduct state penal farms, to construct all roads and other methods of transportation, and to build or recondition all necessary buildings incident to the needs of said board in carrying out the duties imposed upon it by this Act or future Acts amendatory hereof, and said board shall have full and complete authority to install such industries as it may deem proper and such as are permitted by law.
SECTION 10. The said board shall be authorized and is hereby empowered to receive all moneys for products of any and all industries or activities conducted by said board, and it shall be the duty of said board to provide and keep a strict account of any and all of such moneys and to transmit the same, at the close of each month, to the state treasurer, where said funds shall be kept in a separate fund to be known as the Board of Penal Corrections Administration Fund, from which fund the expenses of the upkeep and maintenance of the activities of the said board shall be paid, on the voucher of the chairman of said board countersigned by the state auditor and by the Governor. Said receipts and expenditures of said board shall be audited by the state auditor as is by law required of other state agencies and boards.
SECTION 11. The Board of Penal Corrections shall make an annual report of its acts and doings to the Governor, and bi-annually shall make a report of its

WEDNESDAY, MARCH 8, 1939

607

acts and doings to the General Assembly on or before the day of convening of the General Assembly.

SECTION 12. All powers and duties heretofore delegated to the Penal Administration Board, which are not herein specifically mentioned in this Act, are hereby specifically delegated to the Board of Penal Corrections as fully and completely as the same were vested in said Penal Administration Board.

SECTION 13. Nothing herein contained shall be construed so as to authorize or permit the said board to set up or operate any business, whether industrial or agricultural, for sale of such products to the public in competition to private industries 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.

SECTION 14. 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.

SECTION 15. That all laws and parts of laws in conflict with this Act be,
and the same are hereby, repealed.

On the adoption of the substitute, Senator Harrell of the 7th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Brannen Bridges Brinson Brown Cail Causey Cochran Daves Dawson Dorminy Durden

Estes Fortson Groover Harrell Hass Holt Howe Lindsay Mavity McGinty New

Palm our Sears Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

Those voting in the negative were Senators:

Boykin Chastain Cloud Dunn

Ingram Kelley Manning Moore

Nix Padgett Sanders Smith, 12th

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JOURNAL OF THE SENATE,

Senator Lindsay of the 34th district asked unanimous consent that Senator Brooks of the 8th district be excused from voting, and the consent was granted.
Senator Sanders of the 36th district asked unanimous consent that Senator McCranie of the 48th district be excused from voting, and the consent was granted.
On the adoption of the substitute, the ayes were 31, nays 12.
Not voting: Senators Abbot, Brooks, Jordan, McCranie, Millican, Moate, Redman, Warnell.
By unanimous consent, the verification of the roll call was dispensed with.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, the ayes were 28, nays 9.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Smith of the 24th district asked unanimous consent to have the bill immediately transmitted to the House.
Senator Dunn objected.
Senator Smith of the 24th district moved that the bill be immediately transmitted to the House, and the motion prevailed.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Atkinson, Grayson and MeNall of ChathamHouse Bill No. 125. A bill to extend the penal laws of Georgia as to illegal
practices in general elections to apply to all primary elections; and for other purposes.
The report of the committee, which was favorable "to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Grice of BibbHouse Bill No. 181. A bill to increase the membership of the milk control
board to seven members; to provide notice of any change in price of milk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 1.

WEDNESDAY, MARCH 8, 1939

609

The bill, having received the requisite constitutional majority, was passed.
The following bills of the House and Senate were read the third time and put upon their passage:
By Senator Boykin of the 29th district-
Senate Bill No. 186. A bill to repeal Section 77-509 of the code of 1933 providing for the appointment of members of the pardon and parole commission, and to provide that they shall be elected by the people; and for other purposes.
Senators Brinson of the 42nd, Millican of the 52nd and Mavity of the 44th districts moved to amend Senate Bill No. 186 as follows:
By striking from said bill, wherever the same appears therein, the words, "Pardon and Parole Commission", and inserting in lieu thereof, the words, "Prison and Parole Commission", and by striking from said bill, Section Two (2) thereof, and substituting in lieu thereof, the following to be known as Section Two (2) of said bill:
SECTION 2. There is hereby enacted in lieu of Section 77-509 of the Code of Georgia, a new section to be numbered 77-509, and to read as follows:
The Prison and Parole Commission shall consist of three members who shall be elected by the qualified voters of the State of Georgia, and whose term of office shall be for a period of six (6) years. One of said members shall be elected at the general election to be held in 1940, and one at the general election to be held in 1942, and one in the general election to be held in 1944. The term of office for each member thus elected shall be for six (6) years, commencing on the 1st day of January following such election. A successor to each member of the commission shall be elected in the general election next before the term of office expires. The present members of the Prison and Parole Commission shall serve until their successors are elected as herein provided. The Governor shall fix the expiration date for the term of each of the present members of said commission, so that the term of one of said members shall expire December 31st, 1940, and one December 31st, 1942, and one December 31st, 1944. The Governor, by and with the consent of the Senate, shall name one member of said commission as chairman, whose term as chairman shall run concurrently with his membership on said commission. The said chairman shall he the executive director of said commission, and shall exercise the administrative powers of the commission when the same is not in session, and direct generally the administration of the laws, rules and regulations of the Prison and Parole Commission.
This bill shall be effective from and after the date of its passage.
On the adoption of the amendment, Senator Boykin of the 29th district called for the ayes and nays, and the call was sustained.
Senators Lindsay of the 34th, Howe of the 38th and Durden of the lOth districts asked unanimous consent to be allowed to vote at this time and retire, and the consents were granted.

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The Senators voted "aye" on the adoption of the amendment and final passage of the bill, and were so recorded.
A roll call was ordered and the vote on the amendment was as follows:

Those voting in the affirmative were Senators:

Abbot Bridges Brinson Brooks Brown Causey Daves Dorminy Dunn Durden Estes

Groover Harrell Hass Howe Lindsay Manning Mavity McGinty Millican Moore New

Nix Palmour Smith, 24th Thomason Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

Those voting in the negative were Senators:

Boykin Chastain Cochran Cloud Dawson

Fortson Holt Kelley McCranie Moate

Padgett Sanders Sears Smith, 12th

On the adoption of the amendment, the ayes were 32, nays 14.

Not voting: Senators Brannen, Cail, Ingram, Jordan, Redman.

By unanimous consent, the verification of the roll call was dispensed with.

The amendment was therefore 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, the ayes were 33, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Millican of the 52nd district asked unanimous consent to withdraw the following bill of the Senate from further consideration:

By Senator Millican of the 52nd district -

Senate Bill No. 119. A bill to amend an Act to authorize counties, cities and towns to acquire and extend revenue-producing undertakings; and for other purposes.

The consent was granted.

WEDNESDAY, MARCH 8, 1939

611

The following hill of the House was read the third time and put upon its passage:
By Messrs. Sartain and Kelley of Walker-
House Bill No. 617. A hill to amend the charter of the City of Rossville; and for other purposes.
The committee offered the following amendment, which was adopted:
AMENDMENT
To a hill entitled "An Act to amend and alter the charter of the City of Rossville, Walker county, Georgia, approved August 14, 1905, and all Acts amendatory thereof to provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, extension, operation and maintenance of revenue-producing, public works by the Mayor and Council of said city; authorizing and regulating the issuance of revenue bonds for financing such public works; and providing for the payment of such bonds and the rights of holders thereof; and for other purposes."
Be it enacted by the General Assembly of Georgia that Section II of the above entitled hill, he and the same is hereby amended as follows:
Paragraph 1 and 2 of Section II of said hill are amended by striking the same entirely and inserting in lieu thereof the following:
( 1) To construct, acquire by purchase or gift, or the exercise of the right of eminent domain, reconstruct, improve, better or extend any public works, within or without the city limits of said municipality or partially within or partially without the limits of said municipality, and not exceeding a radius of one-half ( y;;) mile from the present, or any future corporate limits, and to use by purchase, gift or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith.
(2) To operate and maintain any public works for its own use or for the use and benefit of its inhabitants and also to operate and maintain such public works for the use and benefit of persons, firms, corporations, companies, and political sub-divisions and their inhabitants thereof whose residence or place of business ar.e located within a one-half o--~) mile radius of the present or future city limits of Rossville.
Be it further enacted by the General Assembly of Georgia that Section II of the above entitled hill he, and the same is hereby amended by adding thereto the following additional provisions:
8. In the event the Mayor and Council of the City of Rossville desire to engage in any of the "public works" named in said hill, the governing authorities of said municipality shall adopt a resolution specifying therein the territory without the corporate limits of the city affected thereby, and the particular "public works" it will engage in. Said resolution shall he entered on the hooks of said city where such resolutions are recorded.

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JOURNAL OF THE SENATE,

9. In the event the City of Rossville by resolution decides to engage in any of the "public works" without the corporate limits of said city, as defined in paragraphs numbered 1 and 2 of Section II of said bill, and adopts the resolution provided for in paragraph 8, then and in that event, a Board of Joint Control composed of five members shall exercise equal authority with the Mayor and Council of the City of Rossville over the "public works" without the corporate limits, said board having equal authority with the Mayor and Council.
10. In the event of a disagreement on any question, a majority in number of the Mayor and Council and the Board shall decide the controversy.
11. Said Board of Control shall consist of five members. Two members of said board shall be appointed for a period of four years, two for a period of six years, and one for a period of eight years, and each member thereof shall serve until his successor is appointed. Any resident of Georgia shall be eligible to serve on said board. The first board shall consist of the following named persons, to-wit: C. E. Carter and F. M. Gleason, who are appointed for a period of four years;
J. L. Buchanan and L. 0. Ledford, who are appointed for a term of six years;
and T. A. Yates, who is appointed for a term of eight years, and who shall act as chairman of said board. When the term of appointment of any member or members of said board shall have expired, or when any vacancy in the board occurs by reason of death, resignation, removal, or other cause, the vacancy or vacancies shall be filled by appointments made by the Mayor and Council and the remaining members of said board. The members of said board shall be entitled to reasonable compensation for services rendered by them.
Be it further enacted by the authority aforesaid that Section XI of said bill IS hereby amended by adding thereto the following additional paragraphs:
(a) The Mayor and Council shall have authority to employ such agents, servants, and employees as it may deem necessary, with authority to fix their compensation.
(b) The Mayor and Council shall have full power and authority to make reasonable rules and regulations governing non-resident municipal corporations existing under the laws of any foreign state of the United States, who desire to engage in any of the "public works" named in this bill, and no municipal corporation, organized or existing pursuant to the laws of any other state of the United States shall be allowed to operate, manage, own or control any of the "public works systems" provided for in this Act within the boundaries of the City of Rossville, Georgia, or any territory without the corporate limits described in the resolution provided for in Section II, Paragraph 8, of this bill, without first obtaining from the Mayor and Council of the City of Rossville and the Board of Control, a permit, the acceptance of which will constitute an agreement on the part of such foreign municipal corporations to be bound by the terms, provisions, and conditions set forth in said permit.
(c) Any attempted operation by such foreign municipal corporations shall

WEDNESDAY, MARCH 8, 1939

613

be enjoinable by any action at law or equity in the Superior Court of the county wherein such attempted operation is begun.
(d) The Mayor and Council shall appoint a 1\-'Ianager, who shall be in complete charge or control of any of the "public works" named in said bill. He shall serve for a period of three years after his appointment, subject to removal only for cause. His compensation shall be fixed by the Mayor and Council. He shall give a bond for the faithful performance of his duties, in an amount set by the Mayor and Council. Said Manager shall also have charge and control of any part of the system without the corporate limits of said city. In the event said system is extended without corporate limits, then and in that event the Board of Control, acting in conjunction with the Mayor and Council, shall appoint said Manager and fix his compensation.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Lindsay of the 34th district moved that the Senate do now adjourn, and the motion was lost.
The following bills of the Senate were read the third time and put upon their passage:
By Senator McCranie of the 48th district-
Senate Bill No. 195. A bill to promote the use of cotton by requmng that certain articles be sold in cotton cloth containers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McCranie of the 48th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By .S.enators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 203. A bill to provide for the retirement of any member of the industrial board upon attaining the age of 70 and with 15 years consecutive service ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 34, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
Senator McGinty of the 43rd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
Senator Thrasher of the 27th district asked leave of absence for Thursday, March 9, 1939, and the leave was granted.
Senator Lindsay of the 34th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9:30 o'clock tomorrow morning.

THURSDAY, MARCH 9, 1939

615

Senate Chamber, Atlanta, Georgia.
Thursday, March 9th, 1939.
The Senate met pursuant to adjournment at 9 :30 o'clock 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 to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Millican of the 52nd district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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 r:esolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time and referred to committees:
By Senator Brinson of the 42nd district-
Senate Bill No. 219. A bill to change the classes and amounts of commissions allowed to tax receivers and tax collectors on state and county taxes; and for other purposes.
Referred to Committee on Finance..
By Senator Redman of the 26th districtSenate Bill No. 220. A bill to amend Section 77-341 of the code of Georgia,
1933, relating to the commutation of term on good behavior to convicts by the superintendent ot the penitentiary; and for other purposes.

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Referred to Committee on Penitentiary.
By Senator Spivey of the 16th district-
Senate Bill No. 221. A bill to repeal an Act (Georgia Laws, 1937, pages 1324-1327) entitled "An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues in and for the County of Emanuel", bv providing that the clerk of the board of commissioners shall be elected; and fo.r other purposes.
Referred to Committee on Counties and County J.l.1atters.
By Senator Causey of the 46th district-
Senate Bill No. 222. A bill entitled "An Act to authorize the ordinary or other official or officials in charge of the fiscal affairs of the county to pay the premiums on surety company bonds of tax receivers, tax collectors and tax commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Kelley of the 30th district-
Senate Bill No. 223. A bill to amend (Georgia Laws, 1935, pages 687-690), as amended, creating the office of tax commissioner of Hart county, by providing for the employment of clerical help of said tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution of the Senate was introduced, read the first time and referred to committee:
By Senators Smith of the 24th, Cail of the 17th and Daves of the 14th districts-
Senate Resolution No. 57. A resolution by the Senate, the House concurring, that a state road survey council of 18 members be established; and for other purposes.
Referred to Committee on Highways.
The following resolution of the Senate was read and adopted:
By Senator Causey of the 46th district and othersSenate Resolution No. 58. A resolution commending the Governor, Hon. E.
D. Rivers, for his appointment of the Hon. W. L. Miller as chairman of the present highway board; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House has passed, by the requisite constitutional majority, the following
bills of the House, to-wit:

THURSDAY, MARCH 9, 1939

617

By Mr. Jones of Paulding-
House Bill No. 717. A bill to be entitled an Act to create a new charter for the Town of Dallis; ana for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 344. A bill to be entitled an Act to amend the Act creating a board of commissioners of roads and revenues for the County of Fannin; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 501. A bill to be entitled an Act authorizing the board of commissioners of roads and revenues of Laurens county to employ a county attorney; and for other purposes.
By Mr. Jones of Brantley-
House Bill No. 712. A bill to be entitled an Act to amend the Act abolishing the offices of tax receiver and tax collector and creating the office of tax commissioner; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 716. A bill to be entitled an Act to repeal the Act incorporating the Town of Lilburn; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 718. A bill to he entitled an Act to provide and empower the City of Albany to furnish pensions to all employees; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 719. A bill to be entitled an Act to amend the charter of the City of Gle11nville; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 733. A bill to be entitled an Act to amend the charter of the Town of Snellville; and for other purposes.
By Mr. Rawlins of Telfair-
House Bill No. 734. A bill to be entitled an Act to fix the amount of fees to be charged by the sheriff of Telfair county for dieting prisoners; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 737. A bill to he entitled an Act to incorporate the Town of Sugar Hill; and for other purposes.
By Mr. Ferguson of Camden-

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JOURNAL OF THE SENATE,

House Bill No. 739. A bill to be entitled an Act granting to the commissioners of roads and revenues of Camden county authority to adopt zoning ordinances; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 743. A bill to be entitled an Act to amend the charter of the City of Augusta; and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 744. A bill to be entitled an Act to amend the charter of the Town of Tyrone; and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 747. A bill to be entitled an Act to amend an Act creating the city court of Colquitt county; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to be entitled an Act to amend the charter of the City of Pine Lake; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Millican of the 52d district-
Senate Bill No. 149. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.
By Senator Holt of the 3rd district-
Senate Bill No. 171. A bill to be entitled an Act to authorize the City of Baxley to create a city authority by city ordinance; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 280. A bill to define shares of stock and certificates of stock in corporations; to provide for and regulate the transfer of shares and define the effect thereof; and for other purposes.
Referred to Committee on Finance.
By Mr. Stiles of Fannin-
House Bill No. 344. A bill to amend "An Act to create the office of commissioner of roads and revenues of Fannin county", approved August 20th, 1920, by striking in line 2 of Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $840.00; and for other purposes.

THURSDAY, MARCH 9, 1939

619

Referred to Committee on Counties and County Matters.
By Mr. Lovett of Laurens-
House Bill No. 501. A bill authorizing the board of commissioners of roads and revenues of Laurens county to employ a county attorney; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to create a state division of Confederate pensions and records; to transfer all powers and duties in connection with Confederate pensions and records now exercised by the state department of public welfare; and for other purposes.
Referred to Committee on Pensions.
By Mr. Foster of Towns-
House Bill No. 704. A bill to require the tax collector of Towns county to issue all tax receipts in numerical order; to provide a penalty for violation; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Jones of Brantley-
Hause Bill No. 712. A bill to amend an Act (Georgia Laws, 1931, page 394), to abolish the offices of tax receiver and tax collector of Brantley county; creating the office of tax commissioner and fixing his compensation; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 716. A bill to repeal an Act incorporating the Town of Lilburn, in the County of Gwinnett; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Jones of PauldingHouse Bill No. 717. A bill to create a new charter for the Town of Dallas,
Paulding county; to define the corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Sabados and Allen of DoughertyHouse Bill No. 718. A bill to provide and empower the City of Albany to
furnish aid and relief and pensions to all officers, agents and employees of the City of Albany; and for other purposes.
Referred to Committee on Municipal Government.

620

JOURNAL OF THE SENATE,

By Mr. Kennedy of Tattnall-
House Bill No. 719. A bill to amend an Act creating a charter for the City of Glennville by striking Section 5 thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Boyd of Greene-
House Bill No. 721. A bill to create a new charter for the City of Greensboro; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 733. A bill to amend an Act entitled an Act incorporating the Town of Snellville, in the County of Gwinnett (Georgia Laws 1923, pages 775-780), changing the corporate limits of said town, and for a referendum; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Rawlins of Telfair-
Hause Bill No. 734. A bill to amend an Act (Georgia Laws, 1931, pages 566-574), so as to provide the amount of fees to be charged by the sheriff of Telfair county for dieting prisoners; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 737. A bill to incorporate the Town of Sugar Hill into a municipal government, to provide for the government authority and for levying and collecting taxes; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Ferguson of Camden.,-
House Bill No. 739. A bill granting to the commissioners of roads and revenues of Camden county authority to adopt and enforce zoning ordinances; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 743. A bill to amend the charter of the City of Augusta so as to authorize the city council to make temporary loans; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Culpepper of Fayette-

THURSDAY, MARCH 9, 1939

621

House Bill No. 744. A bill to amend an Act approved August 18, 1911, incorporating the Town of Tyrone, Ga.; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 747. A bill to amend an Act creating the city court of
Colquitt county; and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to amend the charter of the City of Pine Lake, m the County of DeKalb; and for other purposes.
Referred to Committee on Municipal Government. Mr. Warnell of the 1st 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 recommendations:
Senate Bill No. 207. Do pass. Respectfully submitted, Warnell of 1st district, chairman.
Mr. Mavity of the 44th 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. 214. Do pass. Respectfully submitted,
Mavity of 44th district, chairman.
Mr. Daves of the 14th district, chairman of the Committee on Pensions, submitted the following report:
Mr. President: Your Committee on Pensions have had under consideration the following bill

622

JOURNAL OF THE SENATE,

of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 215. Do pass.
Respectfully submitted,
Daves of 14th district, chairman.
Mr. Dawson of the 2nd district, chairman of the Committee on Drainage, submitted the following report:
Mr. President:
Your Committee on Drainage 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. 152. Do not pass.
Respectfully submitted,
Dawson of 2d district, chairman.
Mr. Harrell of the 7th 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. 219. Do pass.
Respectfully submitted,
Harrell of 7th district, chairman.
Mr. Millican of the 52nd 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. 544. Do pass, by substitute.
Respectfully submitted,
Millican of 52nd district, chairman.
Mr. Causey of the 46th district, chairman of the Committee on Public Welfare, submitted the following report:

THURSDAY, MARCH 9, 1939

623

Mr. President:
Your Committee on Public Welfare 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. 194. Do pass.
Respectfully submitted,
Causey of 46th district, chairman.
Mr. Millican of the 52nd 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. 223. Do pass.
Millican of 52nd district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
House Bill No. 378. Do pass, as amended.
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:
Respectfully submitted,
Sanders of 36th district, chairman.
The following bills of the Senate favorably reported by committees were read the second time :
By Senators Brown of the 4th and Warnell of the 1st districts-
Senate Bill No. 207. A bill to amend an Act (Georgia Laws, 1937, pages 264-280) entitled "An Act to create a department of natural resources," etc.; by striking from the caption of said Act the phrase "and for other purposes" and substituting in lieu thereof "to define certain violations of the provisions of this Act as crimes and to provide punishment for violation of same"; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 214. A bill to provide for the examination of master and

624

JOURNAL OF THE SENATE,

journeyman plumbers and steam fitters, carrying on vocations in counties having a population of 150,000 or more by the United States census of 1930 or any future census; to create a board of examiners; and to provide a penalty for violation of said Act; and for other purposes.
By Senators Nix of the 32nd and Causey of the 46th district-
Senate Bill No. 215. A bill to amend an Act entitled "public assistance to aged" (Georgia Laws, 1937, page 311) by amending Section 3 thereof so as to classify the persons entitled to assistance and to provide the order in which said classes shall be paid; and for other purposes.
Senator Dawson of the 2nd district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Drainage, read the second time, and recommitted:
By Senators Harrell of the 7th and Fortson of the 50th districts-
Senate Bill No. 152. A bill to amend Section 45-507 of the code of 1933 to exempt certain industries emptying refuse into waters, which has the effect of destroying fish; and for other purposes.
The consent was granted.
Senator Millican of the 52nd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 358. A bill to amend the charter of the City of Atlanta; and for other purposes.
The consent was granted.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senator Dawson of the 2nd district-
Senate Bill No. 196. A bill to repeal an Act to abolish the office of tax collector of Liberty county; and for other purposes.
The report of the committee, wihch was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Abbot of the 18th district-
Senate Bill No. 209. A bill to amend the charter of the City of Augusta so as to provide a municipal budget; and for other purposes.

THURSDAY, MARCH 9, 1939

625

The report 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.
Senator Dawson of the 2nd district asked unanimous consent to have Senate Bill No. 196 immediately transmitted to the House, and the consent was granted.
By Senator Groover of the 37th district-
Senate Bill No. 216. A bill to amend an Act to consolidate the offices of tax receiver and tax collector of Troup county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Groover, of the 37th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Mr. Claxton of Johnson-
House Bill No. 529. A bill to amend an Act creating the city court 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Harrell of the 7th district-
Senate Bill No. 174. A bill to amend the Act to fix maximum charges of tobacco warehouses by providing a minimum charge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 13, nays 25, and the bill was there fore lost.
By Senator Durden of the lOth district-
Senate Bill No. 193. A bill to provide for the appointment of county planning boards; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding a new section to be known as Section 5-A and reading as follows:

626

JOURNAL OF THE SENATE,

"Section 5-A. None of the provisions of this Act shall apply to counties who, at the time of the passage of this bill, are already maintaining county planning boards or councils."
The report of the committee, which was favorabfe to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The House has disagreed to the Senate substitute for the following bill of the House, to-wit:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to be entitled an Act to amend the Acts creating the city court of Bartow county; and for other purposes.
The House has agreed to the Senate substitute for the following bills of the House, to-wit:
By Mr. Barrett of Cherokee-
House Bill No. 447. A bill to be entitled an Act to amend the charter of the Town of Canton; and for other purposes.
By Mr. McBride of Montgomery-
House Bill No. 194. A bill to be entitled an Act to amend the revenue certificate law; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to-wit:
By Mr. Coogler of Clayton-
House Bill No. 131. A bill to be entitled an Act to amend Section 105-1306 of the code of 1933; and for other purposes.
The following bill of the House was read the third time and put upon its passage:
By Mr. Atkinson of Chatham-
House Bill No. 174. A bill to make eastern standard time the official time for the State of Georgia; and for other purposes.
Senator Sanders of the 36th district moved that action on the bill be indefinitely postponed.
On the motion to indefinitely postpone, Senator Sanders of the 36th district called for the ayes and nays, and the call was sustained.

THURSDAY, MARCH 9, 1939

627

A roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators:

Boykin Bridges Brinson Brooks Brown Chastain Cochran

Dawson Estes Holt Howe Kelley McGinty Padgett

Those voting in the negative were Senators:

Redman Sanders Sears Smith, 12th Smith, 24th

Cail Causey Cloud Daves Dorminy Dunn Durden Fortson

Groover Harrell Ingram
Jordan Lindsay Manning Mavity Millican

Moate Moore Nix Thomason Twiggs Williams, 21st Williams, 31st

On the motion to indefinitely postpone, the ayes were 19, nays 23.

Not voting: Senators Abbot, Brannen, Hass, McCranie, New, Warnell, Palmour, Thrasher, Williamson.

By unanimous consent, the verification of the roll call was dispensed with.

The motion was lost.

Senator Dunn of the 22nd district offered the following amendment:

By striking the word "eastern" and inserting wherever it appears the word "sun."

The amendment was adopted, ayes 24, nays 9.

Senator Durden of the lOth district moved that the Senate reconsider its action m adopting the Dunn amendment.

On the motion to reconsider, Senator Durden of the lOth district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Brown Cail Causey Cloud

Dawson Dorminy Durden Groover

Harrell Ingram Lindsay Manning

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JOURNAL OF THE SENATE,

Mavity Moate Moore

New Twiggs Williams, 21st

Williams, 31st Williamson

Those voting in the negative were Senators:

Boy kin Bridges Brinson Brooks Chastain Cochran Daves Dunn

Estes Fortson Holt Howe Jordan Kelley McGinty Padgett

Redman Sanders Sears Smith, 12th Smith, 24th Thomason

On the motion to reconsider, the ayes were 20, nays 22.

Not voting: Senators Abbot, Brannen, Hass, McCranie, Millican, Nix, Palmour, Thrasher, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The motion was lost.

Senator Harrell of the 7th district moved that the bill be tabled, and the motion was lost.

Senator Dunn of the 22nd district called for the previous question and the call was sustained, ayes 21, nays 9.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the pasasge of the bill, the ayes were 16, nays 19, and the bill was lost.

Senator Lindsay of the 34th district gave notice that at the proper time he would move to reconsider the action of the Senate in failing to pass the bill.

The following bills of the House and Senate were read the third time and put upon their passage:

By Messrs. Lanier, Harris and Jones of Richmond, Kendrick of Fulton, and MeNall of Chatham-
House Bill No. 49. A bill to amend an Act known as the "Unemployment Compensation Law"; and for other purposes.

Senator Millican of the 52nd district asked unanimous consent that the bill be considered section by section, and the consent was granted.

Senator Millican of the 52nd district offered the following amendment:

To amend House Bill No. 49, line 4, Section 4 by striking "be" and inserting "by.''

THURSDAY, MARCH 9, 1939

629

The amendment was adopted.
Senator Millican of the 52nd and Senator Groover of the 37th districts offered the following amendment:
To amend Section 6 by striking the first line of the figures as follows:

37.50 78.01

78.00 104.00

3.00

90.00

4.00

120.00

48.00 64.00

The amendment was adopted.

Senator Groover of the 37th district moved to amend Section 7 of House Bill No. 49, by striking the words "next higher" in the last sentence of said section and inserting in lieu thereof the word "nearest" so that when amended Section 7 shall read as follows:

"Section 7. By striking subsection (c) of Section 3 and inserting in lieu thereof a new subsection to be known and numbered as Section 3 (c) namely:

" (c) Weekly Benefit for Unemployment. Each eligible individual who is _unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of $2.00. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00.

The amendment was adopted.

Senator Abbot of the 19th district moved to amend House Bill 49 as follows:

By adding at the end of Section 7, paragraphs to be designated paragraph (d) and paragraph (e) and to read as follows:

(d) Pending the report of the commissioner to the Governor not later than December 1st, 1941, and until otherwise provided by law, the commissioner shall maintain a separate account for each employer, and shall credit his account with all the contributions paid on his own behalf.

(e) The commissioner shall, for the year 1942, and for each calendar year thereafter, classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their accounts, with a view of fixing such contribution rate as will reflect such experience.

The amendment was adopted. The committee offered the following amendments, which were adopted:

To amend House Bill No. 49, by adding a new section to be appropriately numbered by the secretary, to-wit:

"Section 7-A; that Section 7 of said Act be further amended by adding thereto a new paragraph to be known as Section 7(b) and (3)-'Section 7(b) (3)'."

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JOURNAL OF THE SENATE,

The amount of the contributions shall not be computed upon the total wages in excess of the amount now fixed or limited, or that may be fixed or limited under the provisions of Title 9, of the United States "Social Security Act 'approved August 14, 1935'."
The committee moved to amend Section 8 of House Bill No. 49, by striking Section 8 in its entirety and substituting a new section to be numbered Section 8 and to read as follows:
"Section 8. By striking subsections (d) and (e) of Section 3 of the Georgia Unemployment Compensation Act and by inserting in lieu thereof one new subsection to be known and numbered as Section 3 (d) and to read as follows:
" (d) Duration of Benefits. Any otherwise eligible individual shall be entitled during any benefit year to the amount appearing in Column D of the table in Section 3 (b) on the line on which, in Column B of the table, appears his weekly benefit amount; provided that the maximum total benefits payable during any benefit year to an eligible employee whose unemployment occurs by reason of his having left work voluntarily without good cause as provided in Section 5(a) of the Act, or by reason of his having been discharged for misconduct connected with his work as provided by Section 5 (b) of the Act, or by reason of his having failed without good cause either to apply for available suitable work when so directed by the employment office or the commissioner or to accept suitable work when offered him or to return to his customary self-employment (if any) when so directed by the commissioner as provided in Section 5 (c) of the Act, shall not exceed eleven times the amount of his Weekly Benefit as shown in Column B of the table in Section 3 (b) of the Act as herein provided."
Senator Millican of the 52nd moved to amend House Bill No. 49 by adding a new section to be known as Section 8 A and reading as follows:
Section 8 A. By striking subsection (c) of Section 9 and inserting in lieu thereof a new subsection to be known and numbered as subsection 9 (c) namely:
"Withdrawals. Moneys shall be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and in accordance with regulations prescribed by the commissioner. The commissioner shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this state's account therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the treasurer shall deposit such moneys in the benefit account and shall issue his warrants for the payment of benefits solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account snall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the treasurer for the payment of benefits and refunds shall bear the signature of the treasurer and countersignature of the commissioner or his duly authorized agent for that purpose, and the commissioner shall furnish, upon request, a satisfactory record of each payment from the benefit account to the last employer

THURSDAY, MARCH 9, 1939

631

of the employee receiving such benefit payment. Any balance of moneys reqmsttioned from the unemployment trust fund, which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned, shall either be deducted from estimates for, and may be used for the payment of, benefits during succeeding pt'riods, or, in the discretion of the commissioner, shall be redeposited with the Secretary of the Treasury of the United States of America, to the credit of this state's account in the unemployment trust fund, as provided in subsection {b) of this section."
The amendment was adopted.
Senator Millican of the 52nd district offered the following amendment:
By striking sub-paragraph "c", line 3, of Section 10 the words "next higher" and insert in lieu "nearest."
The amendment was adopted.
The committee offered the following amendment:
To amend ty striking Sections 13 and 14 in its entirety and to renumber other sections to conform.
The amendment was adopted.
The Senate recessed from 12:30 to 1:30 P. M., and resumt'd consideration of House Bill No. 49, which went over as unfinished business from the morning session.
The committee offered the following amendment, which was adopted:
To amend House Bill No. 49 by adding a new section to be numbered 25-A, and to read as follows:
SECTION 25-A. By adding at the end of the second paragraph of Section 19 (f) of the "Unemployment Compensation Law," the following:
"Provided, however, that no employing unit shall be liable for the employer's contributions of any contractor, sub-contractor, lessee or other such party, or their employees, when in good faith such employees are employed at the will of, and are subject to be hired or discharged only by said contractor, sub-contractor, lessee, or other such party."
Senator Brooks of the 8th district offered the following amendment:
By striking from Section 17 (f), lines 32 and 33, of the printed bill, the words "not past due", so that the clause amended shall then read as follows: "The amount of such execution shall become a lien upon the title to and interest in all real and personal property, including choses in action, except negotiable instruments of the employer against whom the execution is issued in the same manner as a judgment of a superior court."
The amendment was adopted.

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JOURNAL OF THE SENATE,

Senator Smith of the 24th and Senator New of the 25th districts offered the following amendment:
By adding to House Bill No. 49 a new section, to be appropriately numbered, and to read as follows :
Section 10 (a} of the Unemployment Compensation Act be and the same is hereby amended by striking the said Section 10 (a) in its entirety and by substituting m lieu thereof a new Section 10 (a) to read as follows:
"There is hereby created a department to be known as the Department of Unemployment Compensation which shall be adrhinistered by a full time salaried commissioner. The Governor shall appoint the commissioner, by and with the ad.vice and consent of the Senate, for a term of four years; provided, however, that the Department of Unemployment Compensation hereby created shall be the successor to the Bureau of Unemployment Compensation created under the Unemployment Compensation Law as amended, and that there shall be transferred to such department, as of the effective date of this Act all appropriations, property, records, and personnel of the said Bureau of Unemployment Compensation."
By adding thereto a new section, to be appropriately numbered, and to read as follows:
Section 19 (c) of the Unemployment Compensation Law be and the same is hereby amended by striking therefrom the said section in its entirety and by substituting in lieu thereof as Section 19 (c) the following language:
"'Commissioner' means the commissioner of the Department of Unemployment Compensation. Provided, however, that wherever the word commissioner appears in the Unemployment Compensation Law as amended by this Act, it shall, from the effective date of this Act, be deemed to refer to the commissioner of the Department of Unemployment Compensation, and provided further that wherever the term 'Department of Labor' appears in the Unemployment Compensation Act as amended by this Act, it shall be deemed to refer to the Department of Unemployment Compensation. Provided further that all rules and regulations heretofore issued by the commissioner of labor in accordance with the Unemployment Compensation Law shall remain of full force and effect, unless especially revised, revoked, or repealed by the commissioner of unemployment compensation."
On the adoption of the amendment the ayes were 19, nays 17, and the amendment was adopted.
Senators Smith of the 24th and New of the 25th move to amend House Bill No. 49 in the following particulars, to-wit:
By amending the caption thereof by adding thereto the following language:
"To provide for a separate department to be known as the Department of Unemployment Compensation; to authorize the appointment of a commissioner; to provide that the Department of Unemployment Compensation shall be the successor to the Bureau of Unemployment Compensation; to define the term 'com-

THURSDAY, MARCH 9, 1939

633

missiOner'; to provide that rules and regulations heretofore issued shall remain in full force and effect unless revised; and for other purposes."

The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

On the passage of the bill, Senator Durden of the lOth district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Bridges Brinson Brown Causey Cloud Daves Dorminy Durden Estes

Fortson Groover Harrell Holt Howe Ingram Jordan Lindsay Mavity McGinty

Millican New Palm our Redman Sears Smith, 24th Thomason Twiggs Williams, 21st

Those voting in the negative were Senators:

Brannen Brooks Chastain Cochran Dawson Dunn

Hass Kelley Manning Moate Moore Nix

Padgett Sanders Smith, 12th Williams, 31st

On the passage of the bill, the ayes were 29, nays 16.

Not voting: Senators Boykin, Cail, McCranie, Thrasher, Warnell, Williamson.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed, as amended.

Senator Smith of the 24th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.

By Senators Brown of the 4th, Dawson of the 2nd, and Warnell of the 1st districts-
Senate Bill No. 136. A bill to amend the constitution to authorize the continuance of "The Coastal Highway District" and to provide for issuance of bonds; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Brown of the 4th district offered the following amendments, which were adopted:
By adding after the period appearing after the word "county" in line 9, of Section 2, the following language:
"Provided, however, that a total majority of the votes of the entire district must be favorable to bonds and also a majority of the votes cast in Chatham county must be favorable to bonds, otherwise the bonds shall not be issued."

By adding a section to be numbered Section 4 and reading as follows:

"Section 4. Be it further enacted that all laws or 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, as amended.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brooks Brown Causey Cochran Cloud Daves Dawson Dorminy Dunn Durden Estes Fortson

Groover Harrell Hass Holt Howe Ingram Jordan Kelley Lindsay Manning Mavity McGinty Millican Moate Moore

New Nix Padgett Palmour Redman Sanders Sears Smith, 12th Smith, 24th Thomason Twiggs Williams, 21st Williams, 31st

On the passage of the bill, the ayes were 43, nays 0.

Not voting: Senators Boykin, Brinson, Cail, McCranie, Thrasher, Warnell Williamson, Chastain.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite two-thirds constitutional majority, was passed, as amended.

The bill, as passed, was as follows:

THURSDAY, MARCH 9, 1939

635

A BILL

To be entitled "An Act to propose to the qualified voters of the State of

Georgia an amendment to the Constitution of the State of Georgia, authorizing

the continuance of 'The Coastal Highway District' composed of Chatham, Bryan,

Liberty, Mcintosh, Glynn and Camden counties, as a political subdivision, body

politic and corporate, for the purpose of aiding in the widening and reconstruction

of the Atlantic Coastal Highway through said counties; to provide tha:t said Coastal

Highway District may issue bonds, and provide for a method of retiring said bonds

and the payment of interest thereon and for other purposes."



Section l. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Constitution of the State of Georgia be amended by adding the following sub-paragraph to follow Paragraph 1 of Atricle 7, Section 7, the same to be known as Paragraph 1-d, to-wit:

"The Coastal Highway District is hereby continued as a political subdivision, bo"dy politic and corporate of this state for the purpose of aiding in the reconstruction as a four lane highway, the Atlantic Coastal Highway (State Route No. 25) extending from the Savannah River to the Florida line, with the right to sue and be sued, to have a seal, make contracts and do all things necessary or proper to carry out the purpose of this amendment. The said district shall continue to be composed of the territory of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden.

The said Coastal Highway District shall have authority to issue additional bonds not exceeding $4,500,000.00 for the purpose aforesaid; the bonded indebtedness of said district shall be incurred and the expenditures of funds derived therefrom as well as all other matters and transactions necessary to carry out the purposes of the constitutional amendment, shall be managed, controlled and directed by ten commissioners to be selected four from Chatham, two from Glynn and one each from Bryan, Liberty, Mcintosh and Camden counties. The said commissioners shall be selected and vacancies filled by the officers in charge of levying taxes in said counties respectively, and shall hold office for a period of five years and until their successors are selected and qualified.

The bonds shall be set up in two increments. The first increment in an amount not to exceed $500,000.00 shall be issued as required, by the Coastal Highway District for rights of way, removal of structures, administrative and miscellaneous purposes. These bonds, when issued, shall be signed and sealed by said commissioners and shall constitute a lien upon the entire property of all the counties composing said district, and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said counties respectively from amounts collected from gasoline and oil taxes until all said bonds of said district are retired. Both interest and principal shall be paid by the Coastal Highway District. The principal shall be retired on a pro rata basis by the Coastal Highway District in annual payments over not to exceed 20 years from date of issuance of the first bonds. At or before the issuance of said bonds, the commissioners of said district shall assess the counties

636

JOURNAL OF THE SENATE,

composing said district an amount sufficient to pay interest charges and retirement of principal, as they become due.
The second increment in an amount not to exceed $4,000,000.00 shall be issued as required for the purpose of aiding in the widening and reconstruction of the said Coastal Highway. The bonds, when issued shall be signed and sealed by said commissioners and shall constitute a lien upon the entire property of all the counties composing said district and a first lien to the extent of the annual retirements upon any sum payable annually thereafter by the State of Georgia to the State Highway Board from amounts collected from gasoline and oil taxes and other sources, until all bonds of said district are retired.
The principal not to exceed $4,000,000.00 shall be retired in annual payments by the State Highway Board from its revenues from any and all sources at the maximum rate of $333,333.00 per year, or such lesser amount as is represented by the pro rata of the state's expenditures after deducting federal allotments, on the basis of retirement of the bonds covering the said ~tate's expenditures in a period of 12 years.
At or before the issuance of said second increment of bonds the commissioners of said district shall assess the counties composing said district an amount sufficient to pay the interest charges as they become due. The assessment against each county shall be a lien upon the entire property of all the counties composing said district and a first lien to the extent of the annual retirements and interest paymentshereon upon any sum payable annually thereafter by the State of Georgia to the said counties respectively from amounts collected from gasoline and oil taxes until all bonds of said district are retired.
Section 2. The bonded indebtedness here provided for shall be incurred only after submission to the qualified voters of said district at an election to be called by the said district commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election the vote of the entire district shall be consolidated and counted as a unit, and each county shall pay the expense of the election in that county. Provided however, that a total majority of the votes of the entire district must be favorable to bonds and also a majority of the votes cast in Chatham county must be favorable to bonds, otherwise the bonds shall not be issued. The vote shall be consolidated and the result of the election declared by the Coastal Highway District commissioners herein provided for. The Superior Court of any county in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the solicitor general of any judicial court within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any county

THURSDAY, MARCH 9, 1939

637

or municipal corporation or political subdivision of said state, to incur any other bonded indebtedness.
Section 3. 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 Jocrnal of each House with the "ayes" and "nays" thereon and published in one or more newspapers in each congressional district of this state for two months previous to the time for holding the next gen~ral election, and shall at the next general election be submitted to the people for ratification. All persons voting at such election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words: "For ratification to Article Seven (7), Section Seven (7), Paragraph One ( 1), of the constitution, authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes", and all person opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification to amendment to Article Seven ( 7), Section Seven (7), Paragraph One (1), of the constitution authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes,"; and if a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for the ratification thereof when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven (7), Section Seven (7), and known as Paragraph 1-D of the Constitution of this State, and the Governor shall make a proclamation thereof as provided by law.
Section 4. Be it further enacted that all laws or parts of laws in conflict herewith are nearby repealed.
The following bill of the Senate was read the third time and put upon its passage:
By Senators Brown of the 4th, Dawson of the 2nd, and Warnell of the 1st districts-
Senate Bill No. 138. A bill prescribing the rights and powers of the "coastal highway district"; and for other purposes.
Senator Brown of the 4th district offered the following amendments, which were adopted:
Senator Brown of the 4th district moves to amend Senate Bill No. 138 by adding to Section 6 thereof, after the period appearing after the word "unit" in line 7 of said Section 6, the following language:
"Provided, however, that a total majority of the votes of the entire district must be favorable to bonds and also a majority of the votes cast in Chatham county must be favorable to bonds, otherwise the bonds shall not be issued."

638

JOURNAL OF THE SENATE,

Senator Brown of the 4th district further favors to amend Senate Bill No. 138 by adding at the end of Section 11 thereof the following language:

"The entire proceeds of the four million dollar bond issue shall be paid over to the state highway department of Georgia as required by the state highway board or the proceeds of such part of the four million dollar bond issue shall be turned over to the state highway board as sold. The state highway department shall have complete supervision of all phases of work in connection with the highway to be constructed from the proceeds of the bonds."

Senator Brown of the 4th district further moves to amend Senate Bill No. 138

by adding after the comma appearing after the word "acquire" in line 2 of Section

13 the following language: "for the state highway board of Georgia," and by adding

after t~ comma appearing after word ''detours" in line 5 of said Section 13 the

following language: "material pits and."

'

Senator Brown of the 4th district further moves to amend Senate Bill No. 138 .by striking the word "commissioners" appearing in line 9 of Section 13 and by substituting in lieu thereof the words "State Highway Board of Georgia," and by striking from Section 13 of the said Senate bill the entire last paragraph of the said Section 13.

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, the ayes were 31, nays 0.

The bill, having receivr;d the requisite cons.titutional majority, was passed as amended.

Senator Brown of the 4th district asked unanimous consent to have Senate Bill No. 136 and Senate .Bill No. 138 im,mediately transmitted to the House, and the consent was granted.

Senator Smith of the 24th district asked unanimous consent to withdraw the following bill of the Senate from the Committee on State of the Republic, have the bill read the second time and recommitted:

By Senator Smith of the 24th district-

Senate Bill No. 218. A bill establishing .the "Atlanta Produce Marketing Authority"; and for other purposes.
The consent was granted.

The following bill of the Senate was taken up for consideq.tion:

By Senator Millican of the 52nd district-

Senate Bill No. 113. A bill to amend Section 40-1608 of the C6de of 1933 with reference to assistant attorneys general, to provide that the attorney general shall appoint such assistants; and for other purposes.

THURSDAY, MARCH 9, 1939

6~9

Senator Millican of the 52nd district asked unanimous consent to strike an amendment to the bill by Senator Harrell of the 7th district, previously adopted, and the consent was granted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the lfouse, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to be entitled an Act to create a state division of Confederate soldiers' pensions; and for other purposes.
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 280. A bill to be entitled an Act to define shares of stock and certificates of stock and to regulate the transfer of same; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 721. A bill to be entitled an Act to create a new charter for the City of Greensboro; and for other purposes.
The following bill of the Senate was read the third time and put upon its passage:
Senate Bill No. 172. A bill to create a commissiOn to aid the Western & Atlantic Railroad by contracting on behalf of the state for the construction and maintenance of income-producing buildings; and for other purposes.
Senator Millican of the 52nd district moved to amend Senate Bill No. 172 as follows:
1. By inserting in the last line of the caption and preamble of said bill, between the word "thereto" and the word "and" the following additional language, to-wit:
"And to authorize said commission to contract in the name and on behalf of the St~te of Georgia for an extension of existing leases on state property located in the City of Atlanta, formerly known as the 'Mansion Property', and now occupied by structures known as the Henry Grady Hotel, the Henry Grady Office Building, the Red Rock Building and the theatre located on said property, and to fix the terms and conditions with reference thereto."

640

JOURNAL OF THE SENATE,

2. By adding to said bill a new section to be known as Section 5, as follows,
to-wit:
"Section 5. That said comm1ss1on, in addition to the powers hereinbefore
granted, shall be and is hereby vested with full, complete and plenary power to contract in the name of and on behalf of the State of Georgia, for the extension of present and existing leases on that certain property of the State of Georgia, located in the City of Atlanta, formerly known as the 'Mansion Property', and now occupied by structures known as the Henry Grady Hotel, the Henry Grady Building, the Red Rock Building and the theatre located on said property, for a period of time not in excess of twenty (20) years from May 31, 1972, the date of the expiration of present leases upon said property; such commission being expressly authorized to enter into separate, distinct and different contracts, embodying different terms and conditions, with st:parate, distinct and different persons, firms and corporations, and to so contract with reference to any separate portion or portions of said Mansion Property or the buildings located thereon, as hereinabove described; also, to make provision in such contract or contracts for the continued occupancy, use and maintenance of such buildings or structures during said extended lease, and to specify that the leasee or leasees shall pay taxes to the State of Georgia, the County of Fulton, ~nd the City of Atlanta, upon the building or buildings occupying said property on the same basis as is now being paid; and to provide for the payment to the State of Georgia of such rentals during said extended period, as to said commission shall seem adequate, just and proper, and to incorporate into such contract or contracts such terms and conditions as the commission may deem wise and proper, subject to the limitation and powers imposed by this paragraph."
Senator Millican of the 52nd district moved to further amend Senate Bill No. 172 as follows:
By adding a new section to be known as Section 6, and reading as follows:
Section 6. Be it further enacted that all laws and parts of laws in conflict with this law be and the same are hereby repealed.
The amendments were adopted.
Senator Lindsay of the 34th district moved that further consideration of the bill be postponed until Monday morning, March 13th, 1939, and the motion prevailed.
The following bill of the House was taken up for consideration for the purpose of acting upon the disagreement of the House to the Senate substitute:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to amend an Act to establish the city court of Bartow county by abolishing the office of solicitor and creating the office of prosecutor; and for other purposes.
Senator Brinson of the 42nd asked unammous consent for the Senate to insist

THURSDAY, MARCH 9, 1939

641

upon its substitute and ask for the appointment of a conference committee on the bill, and the consent was granted.
The following privileged resolution was read and adopted:
By Senators Sanders of the 36th, Dunn of the 22nd, and Howe of the 38th districts-
Whereas, the wife and young son of the senator from the 52nd district are in attendance upon the Senate in its deliberations:
Therefore be it resolved that they be granted the privileges of the floor, and that Everett Millican, Jr., be made sergeant-at-arms of the Senate for the day.
Senator Harrell of the 7th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9:00 o'clock tomorrow morning.

642

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Friday, March lOth, 1939.
The Senate met pursuant to adjournment this day at 9:30 o'clock and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Millican of the 52nd district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Sanders of the 36th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
Senator Durden of the lOth district moved that the Senate reconsider its action in failing to pass House Bill No. 174, but subsequently withdrew the motion.
The Journal of the preceding session was confirmed by unanimous consent.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time and referred to committees:
By Senator Durden of the lOth district-
Senate Bill No. 224. A bill to amend an Act 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, etc.;" approved February 16th, 1938; to authorize the Governor of the state to sell for the sum of $75,000.00 all the rights and interests the State of Georgia has under the contract with the Reconstruction Finance Corporation for the purchase of W. &. A. Railroad warrants, etc."; and for other purposes.

FRIDAY, MARCH 10, 1939

643

Referred to Committee on Western & Atlantic Railroad.
By Senator Warnell of the 1st district-
Senate Bill No. 225. A bill to amend an Act entitled "Highway Mileage" (Georgia Laws 1929, Pages 260 through 268) known as the Traylor-Neill Bill" to add a certain road south of Statesboro through Neville and Groveland; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator Harrell of ,the 7th district-
Senate Bill No. 226. A bill to amend the Code of 1933, Section 68-402, 68-403, and the motor carrier Act of 1931, so as to place a limitation upon the capacity of motor vehicles transporting inflammable 'petroleum products in bulk on the highways; and for other purposes.
Referred to Committee on Motor Vehicles.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Key of Jasper-
. House Bill No. 124. A bill to be entitled an Act to fix the taxable situs of intangible trust property; and for other purposes.
By Mr. Fowler of Treutlen-
House Bill No. 277. A bill to be entitled an Act to authorize the counties to levy a tax for the purpose of conserving the natural resources; and for other purposes.
By Mr. Trippe of Polk-
House Bill No. 283. A bill to be entitled an Act to limit the number of employees in the tag division of the revenue department; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 292. A bill to be entitled an Act to limit the salaries and number of inspectors in the revenue department; and for other purposes.
By Messrs. Gowen of Glynn, Ferguson of Camden, and others-
House Bill No. 354. A bill to be entitled an Act to fix the open season for hunting in certain territory in this state; and for other purposes.
By Mr. Thigpen of Glascock-

644

JOURNAL OF THE SENATE,

House Bill No. 452. A bill to be entitled an Act to amend the Act creating the department ot natural resources; and for other purposes. By Messrs. Harris of Richmond, Gross of Stephens, and others-
House Bill No. 469. A bill to be entitled an Act to authorize the state Jiighway board to purchase bridges under certain conditions; and for other purposes. By Messrs. Tipton and Scott of Thomas-
House Bill No. 486. A bill to be entitled an Act to provide for the holding of four terms a year of the superior court of Thomas county; and for other purposes.
By Mr. Swindle of BerrienHouse Bill No. 683. A l>ill to be entitled an Act to create the city court of
Nashville; and for other purposes. By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to be entitled an Act to amend an Act approved March 24, 1937; and for other purposes. By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to be entitled an Act to amend the charter of the Town of Tybee; and for other purposes.
By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 757. A bill to be entitled an Act to amend the charter of the City of Savannah; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 342. A bill to be entitled an Act to add an additional judge of the superior court for the Atlanta circuit; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute and requests the appointment of a committee of conference on the following bill of the House, to-wit:
By Messrs. Summerour and Bray of Bartow-
House Bill No. 90. A bill to be entitled an Act to amend the Acts creating the city court of Bartow county; and for other purposes.
The Speaker has appointed as a committee of conference on the part of the House the following members of the House, to-wit:

FRIDAY, MARCH 10, 1939

645

Messrs. Bray of Bartow, Sabados of Dougherty, and Williams of Ware.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by the requisite constitutional majority, the following hills of the House, to-wit:
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 729. A hill to he entitled an Act to provide for the taxation of all corporations engaged in the generation, sale or distribution of electricity; and for other purposes.
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 730. A hill to he entitled an Act to provide for the taxation of property owned by corporations organized under the laws of the United States which are engaged in proprietary as distinguished from governmental activities; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Mr. Key of Jasper-
House Bill No. 124. A hill to fix the taxable situs of intangible trust property; and for other purposes.
Referred to Committee on Finance.
By Mr. Fowler of Treutlen-
House Bill No. 277. A hill to amend Section 92-3701 of the Code of Georgia of 1933 by authorizing the several counties to levy a tax each year for the conservation of natural resources, including fire protection of forest lands; and for other purposes.
Referred to Committee on Conservation.
By Mr. Trippe of Polk-
House Bill No. 283. A hill to limit the number of employees in the tag division of the revenue department; and for other purposes.
Referred to Committee on Finance.
By Mr. Swindle of Berrien-
House Bill No. 292. A hill to limit the number, salaries and expenses of general

646

JOURNAL OF THE SENATE,

inspectors in the state revenue department; to provide to whom they are accountable; and for other purposes.
Referred to Committee on Finance.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 342. A bill to add an additional judge of the superior court for the Atlanta circuit; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Gowen of Glynn, Ferguson of Camden, Yeomans of Wayne, and others-
House Bill No. 354. A bill to 'amend Sections 45-308 and 45-310 of the Code of Georgia, providing for an open season for hunting, so as to provide a different date for the commencement of the open season for the hunting of game in certain territory of the state; and for other purposes.
Referred to Committee on Game an<J Fish.
By Mr. Thigpen of Glascock-
Hause Bill No. 452. A bill to amend an Act entitled "An Act to create a department of natural resources, and four subdivisions thereof"; and for other purposes.
Referred to Committee: on Conservation. By Messrs. Harris of Ric~mond, Gross of Stephens, Drake of Seminole, and others-
House Bill No. 469. A bill to authorize the state highway .board in conjunction with adjoining states or counties of adjoining states to purchase bridges; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Tipton and Scott of Thomas-
House Bill No. 486. A bill to provide for holding four terms of the superior court of Thomas county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Swindle of Berrien-
House Bill No. 683. A bill to create and establish the city court of Nashville, m the County of Berrien; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to amend an Act (Georgia Laws 1937, Page 312)

FRIDAY, MARCH 10, 1939

647

regulating the holding of primary elections of all political parties in the County of Dodge; and for other purposes.

Referred to Committee on Privileges and Elections. By Messrs. Stiles of 'Fannin and Sartain of Walker-

House Bill No. 729. A bill to provide for special taxation by the state and by

political sub-divisions of corporations organized under the laws of the United

States and agencies of the United States or any other state engaged in the generation,

etc., of electric power; and for other purPoses.



Referred to Committee on General Judiciary No. 2.

By Messrs. Stiles of Fannin and Sartain of Walker-

House Bill No. 730. A bill to provide for the ad valorem taxation of property owned or possessed in this state by corporations organized under the laws of the United States and by agencies engaged in proprietary as distinguished from governmental activities in this state; and for other purposes.

Referred to Committee on General Judiciary No. 2.

By Mr. Atkinson of Chatham-

House Bill No. 738. A bill to revise, alter and amend several Acts incorporating the Town of Tybee, now known as Savannah Beach, Tybee Island; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Atkinson, Grayson and McNall of Chatham-

House Bill No. 757. A bill to amend the several Acts incorporating and relating to the mayor and aldermen of the City of Savannah, so as to provide for the extension of the corporate limits of said city; and for other ourposes.

Referred to Committee on Municipal Government.

The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:

The House has passed, by the requisite constitutional, majority, the following bill of the Senate, to-wit:

By Senator Brown of the 4th district- .

Senate Bill No. 75. A bill to be entitled an Act to authorize the incorporation of Co-operative Insurance Exchanges by manufacturing companies for the purpose of insuring against loss of use and occupancy of plants caused by shut downs due to economic causes; and for other purposes.

648

JOURNAL OF THE SENATE,

The House has passed, by the requisite constitutional majority, the following resolution of the House, to-wit:
By Messrs. Joel and Bennett of Clark-
House Resolution No. 185. A resolution that the souvenirs gathered by Fred A. Birchmore be permitted to be placed on display by the University of Georgia Press as a medium of attracting attention at the World's Fair in New York.
Mr. Manning of the 39th 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. 211. Do pass. Senate Bill No. 210. Do not pass. House Bill No. 618. Do pass. House Bill No. 619. Do pass. House Bill No. 695. Do pass. House Bill No. 670. Do pass. House Bill No. 616. Do pass. House Bill No. 701. Do pass. House Bill No. 702. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.
Mr. Millican of the 52nd 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. 704. Do pass. House Bill No. 344. Do pass. House Bill No. 501. Do pass. House Bill No. 734. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.

FRIDAY, MARCH 10, 1939

649

Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 270. Do pass, as amended.
House Bll No. 747. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
The following bills of the House, favorably reported by committees were read the second time :
By Messrs. Etheridge and Kendrick and Mrs; Mankin of Fulton-
House Bill No. 270. A bill to provide and compensate court reporters in the superior court of counties having a population of 200,000 or more, according to the last Federal Census; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 344. A bill to amend an Act to create the office of commissioner of roads and revenues of Fannin county; approved August 20, 1920, by striking line 2 of Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $840.00; and for other purposes.
By Messrs. McGraw and Hatchett of Meriwether-
House Bill No. 378. A bill to establish a city court of Greenville; and for other purposes.
By Mr. Lovett of Laurens-
House Bill No. 501. A bill to authorize the board of commissioners of roads and revenues of Laurens county to employ a county attorney; and for other purposes.
By Mr. Whitaker of Appling-
House Bill No. 544. A bill to amend Georgia Laws, 1915, pages 141-147, creating a board of commissioners of roads and revenues for the county of Appling, by providing that the board shall consist of three members elected from the county at large; and for other purposes.
By Messrs. Ford and Sumner of Worth-

650

JOURNAL OF THE SENATE,

House Bill N a. 616. A bill to amend an Act creating a new charter for the City of Sylvester so as to extend and enlarge the incorporate limits of said city; and for other purposes.
By Mr. Coogler of Clayton-
Holllse Bjll No. 618. A bill to amend the charter of the Town of Forest Park so as to change, enlarge and extend the corporate limits; and for other purposes.
By Mr. Coogler of Clayton-
House Bill No. 619. A bill to authorize the Town of Forest Park to enact zoning ordinances; and for other purposes.
By Mr. Ansley of Lee-
House Bill No. 670. A bill to amend the charter of Leesburg; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill Nq. 695. A bill to amend Acts approved December, 1893, and August 13, 1931, to provide that the mayor of Lawrenceville shall be an ex-officio member .af. the Lawrenceville board of education; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb--
House Bills No. 701. A bill to amend the charter of the Town of Decatur so as to extend the corporate limits of said town; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb--
Hou.se Bill No. 702. A bill to amend an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur in the County of DeKalb so as to extend the corporate limits of said town; and for other purposes.
By Mr. Foster of Towns-
House Bill No. 704. A bill to require the tax collector of Towns county to issue all the receipts in numerical order; to provide a penalty for violations; and for other purposes.
By Mr. Rawlins of Telfair-
House Bill No. 734. A bill to amend an Act (Georgia Laws, 1931, pages 566-574), so as to provide the amount of fees to be charged by the sheriff of Telfair county for dieting prisoners: and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 747. A bill to amend an Act creating the city court of Colquitt county; and for other purposes.

FRIDAY, MARCH 10, 1939

651

The following bills of the Senate favorably reported by the committees were read the second time :

By Senator Harrell of the 7th district-

Senate Bill No. 194: A bill to amend "The Welfare Reorganization Act of 1937" by striking and repealing Section 19 of said Act, which transfers the supervision of ex~Confederate soldiers and sailors and their dependents with respect to the payment of pensions from the director of the veterans service office to the state department of public welfare and the director; and for other purposes.

By Senators Daves of the 14th and Dorminy of the 45th districts-

Senate Bill No. 211. A bill to amend Section 69-414 of the Code of Georgia of 1933, and to amend Section 69-417 of the Code of 1933, relating to the issuance of bonds for street improvements, so as to provide that such assessments may be payable in equal installments over such a period of years, not less than two nor mO're than ten years; and for other purposes.

By Senator Brinson of the 42nd district-

Senate Bill No. 219. A bill to change the classes and amounts of commissions allowed to tax receivers and tax collectors on state and county taxes ; and for other purposes.

By Senator Kelley of the 30th district-
Senate Bill No. 223. A bill to amend (Georgia Laws, 1935, pages 687-690) as amended, creating the office of tax commissioner of Hart county, by providing for the employment of clerical help of said tax commissioner; and for other purposes.

Senator Thrasher of the 27th district moved that the Senate disagree with the report of the committee which was unfavorable to the passage of the following bill of the House:

.By Messrs. Evans of McDuffie, Lovett of Laurens and Moore of Lumpkin-

House Bill No. 16. A bill to abolish the state licensing board for contractors and transferring all functions to the state highway board; and for other purposes.

On the motion to disagree, Senator Thrasher of the 27th district called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:

Boy kin Bridges Cail Chastain Dawson Dorminy Dunn

Estes Fortson Kelley McGinty Moate Nix Palmour

Redman Sanders Smith, 12th Thrasher Williams, 21st Williamson

652

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Brannen Brinson Brooks Brown Causey Cloud Daves Durden

Groover Harrell Hass Howe Ingram Lindsay Manning

Mavity Moore New Sears Smith, 24th Thomason Twiggs

On the motion to disagree the ayes were 20, nays 22.

Not voting were: Senators Abbot, Cochran, Holt, Jordan, McCranie, Millican, Padgett, Warnell, and Williams of the 31st district.

By unanimous consent the verification of the roll call was dispensed with.

The motion was lost.

Senator Lindsay of the 34th district moved that the Senate reconsider its action in postponing Senate Bill No. 172 until Monday morning, March 13, 1939, and the motion prevailed.

Senator Thrasher of the 27th district asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Game and Fish, read the second time and re-committed:

By Senator Thrasher of the 27th district-

Senate Bill No. 190. A bill to amend Section 45-801 of the code, by requiring persons owning or leasing oyster beds in this state to register with the county commissioners or ordinary a private mark; and for other purposes.

By Senator Thrasher of the 27th district-

Senate Bill No. 191. A bill to amend Section 45-512 of the code, by prohibiting the use of nets in the rivers and sounds of this state for the purpose of catching sea food in salt waters; and for other purposes.

By Senator Thrasher of the 27th district-

Senate Bill No. 192. A bill to amend Section 45-602 of the code, by striking in the fifth line the word "sunrise", and inserting in lieu thereof the word "sundown," and by prohibiting the taking of shad between sunrise and sundown on anr day of the week during open season; and for other purposes.

By Senator Thrasher of the 27th district-

Senate Bill No. 198. A bill to amend Section 45-601 of the Code by changing the open season during which shad may be taken from the waters of the state, from February 1 to April 20, following, to January 1 to March 1, following; and for other purposes.

FRIDAY, MARCH 10, 1939

653

By Senator Thrasher of the 27th district-
Senate Bill No. 199. A bill to amend Section 45-322 of the code, relating ro the use of traps, poisons, etc., in killing or capturing game birds and animals, and to hunting game birds and animals at night by providing how violations of this section be punished ; and for other purposes.
The consent was granted.
Senator Thrasher of the 27th district asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Penitentiary, read the second time and re-committed:
By Senator Redman of the 26th district-
Senate Bill No. 220. A bill to amend Section 77-341 of the code relating to the commutation of term of good behavior to convicts by the superintendent of the penitentiary; and for other purposes.
The consent was granted.
Senator Millican of the 52nd district asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read the second time and re-committed:
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 280. A bill to define shares of stock and certificates of stock in corporations; to provide for and regulate the transfer of shares and define the effect thereof; and for other purposes.
The consent was granted.
The following resolution of the House was read and adopted:
By Mr. Key of Jasper-
House Resolution No. 176. A resolution favoring the passage of the "Federal Aid to Education Act of 1939"; and for other purposes.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 495. A bill authorizing Fulton county to establish and maintain parks; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 1, nays 38. The bill, having failed to receive the requisite constitutional majority, was therefore lost.

654

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 and Carmichael of Cobb--
House Bill No. 136. A bill to amend Section 42-102 of the code relating to the appointment, duties and salary of the chief drug inspt'ctor; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding to the caption thereof after the semicolon in the last line of the caption the following language: "to provide an effective date for this Act;" and by adding to said bill a new section to be known as Section 4 B to read as follows: "This Act shall become effective January 1, 1941."
Senator Smith of the 12th district offered the following amendment, whith was adopted:
By amending Section 4 A, third line in printed bill, by striking the words "food and."
Senator Williams of the 31st district asked unanimous consent to vote at this time and retire.
The consent was granted.
The Senator voted "aye" on the bill and all amendments, and was so recorded.
Senator Dawson of the 2nd district asked unanimous consent to vote at this time and retire.
The consent was granted.
The Senator voted "aye" on the bill and all amendments, and was so recorded.
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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Smith of the 12th district asked unanimous consent that the bill be immediately transmitted to the House.
The consent was granted.
The president appointed a committee of conference on the part of the Senate to confer with a like committee on the part of the House on the following bill of the House, to-wit:
By Messrs. Summerour and Bray of Bartow-

FRIDAY, MARCH 10, 1939

655

House Bill No. 90. A bill to amend an Act creating a city court of Bartow county by abolishing the office of solicitor and creating the office of prosecutor; and for other purposes.
The President appointed Senators Durden of the lOth, Brinson of the 42nd and Millican of the 52nd districts.
The following bills of the House and Senate were read the third time and put upon their passage:
By Mr. Beck of Carroll-
House Bill No. 688. A bill to amend a charter of the Town of Bowdon so as to provide for the closing of the registration books of said town sixty days prior to an election; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Spivey of the 16th, Harrell of the 7th, Brinson of the 42nd, Lindsay of the 34th, Causey of the 46th, Manning of the 39th and Howe of the 38th districts-
Senate Bill No. 206. A bill to authorize and provide the effect of docketing, indexing and recording certified copies of petitions commencing proceedings under the Bankruptcy Act of the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Twiggs of the 40th district-
Senate Bill No. 187. A bill to adopt an official coat of arms and an official flag for 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Twiggs of the 40th district-
Senate Bill No. 185. A bill to amend the "Equalizing Educational Opportunities Act" approved February 10, 1937, by striking therefrom the provisions

656

JOURNAL OF THE SENATE,

excepting certain school systems from the operation of said Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Brinson of the 42nd Palmour of the 33rd and Howe of the 38th districts-
Senate Bill No. 89. A bill creating the office of judge emeritus and providing for the appointment of judges of the court of appeals thereto upon reaching the age of 70 years, and having had continuous judicial service for 10 years; and for other purposes.
The report of the committee, which was tavorable to the passage of the bill, was agreed to.
Senator Brinson of the 42nd district called for the "ayes" and "nays."

The call was sustained.

Those voting in the affirmative were Senators:

Abbot Brannen Brinson Cail Causey Cloud Durden Fortson Harrell

Howe Ingram Lindsay Manning Mavity Millican Moate Moore New

Palmour Redman Sanders Sears Smith, 24th Thrasher Twiggs Warnell Williamson

Those voting in the negative were Senators:

Boy kin Bridges Brooks Chastain Cochran Daves

Dawson Dunn Estes Groover Hass Jordan

Kelley McGinty Nix Thomason Williams, 21st Williams, 31st

Those not voting were: Senators Brown, Dorminy, Holt, McCranie, Padgett and Smith of the 12th district.

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 27, nays 18.

FRIDAY, MARCH 10, 1939

657

The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 214. A bill to provide for the examination of master and journeyman plumbers and steam fitters, carrying on said vocations 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for consideration:
By Senator Millican of the 52nd district-
Senate Bill No. 172. A bill to aid the Western & Atlantic Railroad by the creation of a commission authorized to contract in the name and on behalf of the state for the construction, occupancy, use and maintenance of income producing buildings; and for other purposes.
Two amendments were previously 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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
bills and resolution of the House, to-wit:
By Messrs. Goddard and Purdy of Spalding-
House Bill No. 225. A bill to be entitled an Act to require a deposit of $10.00 by the plaintiff in divorce cases filed in the superior court in counties of a certain population; and for other purposes.
By Mr. Brooks of Oglethorpe-
House Bill No. 284. A bill to be entitled an Act to prohibit the trapping of foxes in certain counties of this state; and for other purposes.
By Mr. Bell of GradyHouse Bill No. 430. A bill to be entitled an Act to vest the tax collectors

658

JOURNAL OF THE SENATE,

and tax commissioners of counties of a certain population with the powers of sheriffs in collection of fi fas; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 491. A bill to be entitled an Act to repeal an Act to amend an Act approved March 31, 1937; and for other purposes.
By Messrs. Aiken and Franklin of Bulloch-
Hause Bill No. 493. A bill to be entitled an Act to vest tax collectors and tax commissioners of counties of a certain population with the powers of sheriffs in the collection of fi fas; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 507. A bill to be entitled an Act authorizing counties of a certain population to pass zoning and planning laws; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb- .
House Bill No. 517. A bill to be entitled an Act to regulate the construction and repair of buildings in counties of a certain population; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 536. A bill to be entitled an Act to empower the Toccoa Falls Institute to confer the degree of Bachelor of Arts in Biblical Educatiol\; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 556. A bill to be entitled an Act to fix the time for keeping the polls open in counties of a certain population; and for other purposes.
By Mr. Moseley of Toombs-
Hause Bill No. 571. A bill to be entitled an Act to prohibit goats from running at large in certain counties; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 606. A bill to be entitled an Act to prohibit goats from running at large in certain counties; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 611. A bill to be entitled an Act to provide that fishing may be permitted in Fannin county between April 15 and May 31; and for other purposes.
By Mr. Campbell of Newton, Mr. Smith of Henry, and others-
House Bill No. 745. A bill to be entitled an Act to authorize fishing with hook and line in Jackson Lake; and for other purposes.

FRIDAY, MARCH 10, 1939

659

By Mr. Bray of Bartow-

House Resolution No. 184. A resolution asking the treasury department of the United States to purchase essential war materials in Georgia; and for other purposes.

The following report of the joint committee on the inspection of the Western & Atlantic Railroad properties was submitted, read and was. ordered spread upon the Journal.
Report of the House and Senate Committees on the Joint Inspection of the
W. and A. Railroad Properties To Hon. John B. Spivey, President of the Senate,
and Hon. Roy V. Harris,

Speaker of the House:

We your Committees of the House and Senate on the Western and Atlantic Railroad have made an inspection of the property of the State known as the W & A property.

Your Committeemen left the City of Atlanta at 10 A. M. on Saturday, March

4th, 1939, by train from the Union Station, and arrived in .Chattanooga in due course.

We were furnished no information as to the particular property to be inspected and

no one who knew the property accompanied us. No one met us at Chattanooga to

show us the property and we were forced to enquire from strangers as to just what

property the State of Georgia owned. With the aid of one or two members of the

House who were present we finally were shown the property known as the Plaza

Hotel and the Eastern Hotel.



We looked over the Plaza property, which covers a triangular block near the center of the city, and found it in fairly good condition,. but in need of a heating system and improved elevator facilities. This is a valuable piece of property, located very advantageously and with suitable modern improvements would be of immense value to the State.

We found the Eastern Hotel to be located on one of the most valuable corners of the city, but the building thereon is old and dilapidated. It is a four story building and the roof is decayed, water running through the ceilings and the plastering falling to such an extent as to be unsafe and unsuitable for habitation.

These two properties are not leased with the Railroad, but are leased, we are informed, to J. B. Pound by the Leasing Authority of the State. Just what the term of the leases may be your Committees. have not been informed.

Your Committees then sought to locate the terminal property, that is, to say,

660

JOURNAL OF THE SENATE,

the property leased to the N. C. & St. L. Ry. Co. We found the old Union or Central Station building and sheds in a fair state of repair, and, across the street from the station, one entire business block, completely covered in buildings of various types and sizes, consisting of hotels, factories, warehouses and business houses; the property fronts on four streets and each and every one of the places, apparently, was occupied.
We were then shown another block of property and informed that about threefourths of this entire block of even more valuable property belonged to the State, but were unable to ascertain, in our limited time, just which of said block of property did or did not belong to the State. This property, too, fronts on four streets and its rental value is immense.
We are unable to give you the exact facts or figures, but your Committees feel safe in saying that a reasonable rental from this two blocks of property would go, in a large measure, to the payment of the $45,000.00 per month rental paid to the State for the lease of the W. & A. Railroad and we are unable to understand why this valuable property, no necessary part of the railroad or the terminals, should be tied up with the lease agreement, and all rentals go to the lessees instead of being segregated from railroad and terminals and handled to the advantage of the people of the State.
Your Committees realize that the lease on the railroad extends to 1%7 and that nothing can be done to segregate this property until the lease expires, but we earnestly urge that steps be taken at once to prevent the continuation of a manifest injustice to the State by continuing to lease property of the State of Georgia to the lessee of the W. & A. Railroad where the property is in no manner connected with the railroad property or necessary in the operation of the railroad, and that no new leases be negotiated or permitted that will at the expiration of the present lease prevent the complete separation of the railroad property and the business property owned by the State.
Your Committee was informed that there was other property of the State in Chattanooga, some vacant, unimproved property, but for lack of information we can make no report as to same.
We recommend that a new Leasing Commission be created by this General Assembly to have charge of the leasing of the business property herein referred to and that said Commission have exclusive jurisdiction of all leasing and improvements on said property and that, at the end of the present lease of the Western and Atlantic Railroad, the segregation of said property be brought about, and that a special Committee of two Senators and three Representatives be appointed by the President and Speaker, respectively, to ascertain the exact amount of rentals paid by tenants of said properties.
This the lOth day of March, 1939. Respectfully submitted,
R. A. Ingram, Chairman, Senate Committee;
J. M. Wheeler, Chairman, House Committee.

FRIDAY, MARCH 10, 1939

661

Senator Smith of the 24th district moved that the Senate do now adjourn.
The motion prevailed.
The President announced that the Senate stood adjourned until Monday morning, March 13th, at 10 o'clock.

662

JOURNAL OF THE SENATE,

Senate Chamber, Ai:lanta, Georgia,
Monday, March 13th, 1939.
The Senate met pursuant to adjournment at 10 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Durden of the lOth district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Harrell of the 7th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of bills and resolutons.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the secretary thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:
By Mr. Jones of BrantleyHouse Bill No. 86. A bill to be entitled an Act to create the office of county
treasurer of Brantley county; and for other purposes. By Messrs. Parker and Barlow of Colquitt-
House Bill No. 219. A bill to be entitled an Act to amend the compulsory school law; and for other purposes.

MONDAY, MARCH 13, 1939
By Messrs. Goddard and Purdy .of Spalding-
House Bill No. 232. A bill to be entitled an Act to fix the fees of the clerks of superior courts in criminal cases that are dismissed or nolle prossed; and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 266. A bill to be entitled an Act for the removal of all obstructions other than dams used in operating machinery from the streams of Walton county; and for other purposes.
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
House Bill No. 301. A bill to be entitled an Act to amend an Act which added a road to the state highway system in Evans and Liberty counties; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 328. A bill to be entitled an Act to authorize counties of a population of 200,000 to contract with any municipality located therein with reference to services and regulatory functions; and for other purposes.
By Messrs. Merritt, Grice and Bloodworth of Bibb--
House Bill No. 427. A bill to be entitled an Act to authorize counties of a certain population to pass zoning and planning laws; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
.House Bill No. '471. A bill to be entitled an Act to authorize the authorities in counties of a certain population to regulate the size and use of buildings in unincorporated areas; and for other purposes. By Messrs. Etherid~e, Kendrick and Mrs. Mankin of Fulton-
House Bill No.:472. A hili to be entitled an Act to provide for Fulton county officers naming a chief deputy; and for other purposes.
By :(\Ir. tloltze~dorf~ of Bep. Hill-
House Bill No. 494. A bill to be entitled an Act to provide the manner of electing members of the county boards of education in counties of a certain population; and for other purposes.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 625. A bill to be entitled an Act to enlarge the powers of the board of trustees of Georgia Military College; and for other purposes.
By Mr. Williams of Bacon-
House Bill No. 635. A bill to be entitled an Act to propose an amendment

664

JOURNAL OF THE SENATE,

to the constitution that will allow the County of Bacon to Issue refunding bonds; and for other purposes.
By Mr. Wohlwender of Muscogee-
House Bill No. 647. A bill to be entitled an Act relating to the manner of bringing divorces by residents of military posts; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb--
House Bill No. 673. A bill to be entitled an Act to amend an Act regulating the salaries of judges of the superior court; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 756. A bill to be entitled an Act to amend the Act creating the board of county commissioners of Gwinnett county; and for other purposes.
By Mr. Moss of Gordon-
House Bill No. 758. A bill to be entitled an Act to incorporate the Town of Oakman; and for other purposes.
By Messrs. Rogt:rs, Lanham and Davis of Floyd-
House Bill No. 764. A bill to be entitled an Act to amend the charter of the City of Rome; and for other purposes.
By Mr. Hatchett of Meriwether-
Hause Bill No. 773. A bill to be entitled an Act to provide for the employment of a clerk by the board of commissioners of roads and revenues of Meriwether county; and for other purposes.
By Mr. Carrington of Barrow-
House Bill No. 775. A bill to be entitled an Act to create a board of commissioners of roads and revenues for the County of Barrow; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to be entitled :m Act to amend the charter of the Town of Abbeville; and for other purposes.
By Mr. Douglas of TalbotHouse Bill No. 781. A bill to be entitled an Act to amend the Act creating
the office of tax commissioner of Talbot county; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 782. A bill to be entitled an Act to amend the charter of the City of Decatur; and for other purposes.
By Mr. Evans of McDuffie-

MONDAY, MARCH 13, 1939

665

House Bill No. 784. A bill to be entitled an Act to provide the manner of. compensation of justices and notaries in criminal cases; and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 785. A bill to be entitled an Act to amend the charter of the City of Doerun; and for other purposes.
By Messrs. Atkinson of Chatham, Bennett of Ware, and others-
House Resolution No. 189. A resolution urging the Honorable Carl Vinson, chairman of the Congressional Committee on Naval Affairs, to use every effort to have the Navy Department to specify the use of gum spirit turpentine as a paint thinner.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Lindsay of the 34th district-
Senate Bill No. 154. A bill to be entitled an Act to amend an Act approved August 20, 1925, so as to authorize the election of the commissioner of roads and revenues for DeKalb county; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Manning of the 39th district-
Senate Bill No. 189. A bill to be entitled an Act authorizing the mayor and council of Marietta to have held an election to determine whether or not bonds shall be issued; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The .House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 669. A bill to be entitled an Act to amend the charter of the City of Hapeville; and fnr other purposes.
By Mr. Barrett of CherokeeHouse Bill No. 750. A bill to be entitled an Act to reincorporate the Town
of Woodstock in the County of Cherokee; and for other ptuposes.
The following bills of the Senate were introduced, read the first time and referred to committees: By Senator Jordan of the 15th district-

666

JOURNAL OF THE SENATE,

Senate Bill No. 227. A bill to abolish the offices i>f tax collector and tax receiver of Wheeler county; to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Brinson of the 42nd district-
Senate Bill No. 228. A bill to provide for the more orderly employment of state employees, etc.; to provide penalties for violation of the Act; and for other purposes.
Referred to Committee on State of Republic.
By Senator Estes of the 35th district-
Senate Bill No. 229. A bill to add a certain road to state highway map on State Route No. 155 at Panthersville approximately five miles south of Decatur; and for other purposes.
Referred to Committee oh Highways and Public Roads.
By Senator Millican of the 52nd District-
Senate Bill No. 230. A bill to amend Code Section 92-3715 of 1933, as amended by the Act approved March 31, 1937, page 444-446, by striking the words "one and one-fourth mills" where the same occur in code section as amended by inserting in lieu thereof "three mills"; and for other purposes.
Referred to Committee on Finance.
By Senator Lindsay of the 34th district-
Senate Bill No. 231. A bill to amend the Social Security Act by adding the following provision to said Act: That a bureau for the deaf mutes be established with one person in charge, a stenographer and one field agent; and for other purposes.
Referred to Committee on Public Welfare.
The following bills of the House were read the first time and referred to committees:
By Mr. Jones of BrantleyHause Bill No. 86. A bill creating the office of county treasurer of Brantley
county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Parker and Barlow of ColquittHouse Bill No. 219. A bill to amend Section 32-9906 of the civil code of 1933,
known as the Compulsory School Attendance Law, to provide an additional penalty for the violation of said section and said law; and for other purposes.

MONDAY, MARCH 13, 1939

667

Referred to Committee on Education and Pubic Schools.
By Messrs. Goddard and Purdy of Spalding-
House Bill No. 225. A bill requiring a deposit of $10.00 by the plaintiff in divorce cases filed in superior court in counties with a population between 23,400 and 24,400; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Goddard and Purdy of Spalding-
House Bill No. 232. A bill to fix the amount of costs to be charged and collected by the clerks of the superior courts and city courts in criminal cases that are dismissed or nolle prossed; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Almand and Preston of Walton-
House Bill No. 266. A bill to provide for the removal of obstructions of all kinds, other than dams used for operating machinery of any kind, from creeks and other running streams in Walton county; and for other purposes.
Referred to Committee on Conservation.
By Mr. Brooks of Oglethorpe-
House Bill No. 284. A bill to prohibit the trapping or taking of foxes in certain counties of this state; and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
House Bill No. 301. A bill to add a certain road in Evans, Liberty and Tattnall counties to the state highway system; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton-
House Bill No. 328. A bill to authorize counties of a population of 200,000 to contract with any municipality located therein with reference to furnishing of regulation functions; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 427. A bill to authorize any county having a population of not less than seventy-five thousand and not more than one hundred thousand inhabitants, according to the 1930 census or that may have a population within said limits by any future federal census, to pass zoning and planning laws; and for other purposes.

668

JOURNAL OF THE SENATE,

Referred to Committee on Counties and County l\tlatters.
By Mr. Bell of Grady-
House Bill No. 430. A bill to authorize the county authorities in counties
<>f. a cex:tai~ population to impose upon the tax collectors and tax commissioners
of said co~ni:ies, rights, powers and duties of sheriffs, as to the collection of fi. fas.; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Harris, Lanier and Jones of Richmond-
- Ho.use Biil No. 471. A bill to authorize board of county commiSSioner.s or other fiscal authority in all counties hflving a population of 72,500 to 73,500 to regulate building and construction in unincorporated areas in such counties; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
A House Bill No. 472~ bill to amend Article 11, Section 3 of the constitution
so that in F~Iton cou~ty various .county officials may name a chief deputy who would succeed such official in office if a vacancy should occur; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 491. A bill to repeal an Act to amend the Act approved (Georgia Laws, 1937, pages 441-443), which deals with the manner of selecting members of the county board' of 'education in certain designated counties, by addin'g a proviso to Section 1. of said Act, providing that persons residing in the Fitzgerald district (an independent school district) shall not be qualified to participate in said election; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mr. Franklin of Bulloch-
Hause BiU No. 493. A bill to vest in the tax collectors or tax commiSSioners of such counties having a population of not less than 26,000 and not more than 26,500, as determined by the 1930 census or by any future United States census; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 494. A bill to provide manner of electing members of county board of educaticn in counties having a population between 13,000 and 13,050; and for other purposes.

MONDAY, MARCH 13, 1939

669

Referred to Committe-e on Privileges and Elections.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 507. A bill to amend an Act authorizing counties of a certain population to pass zoning and planning laws, upon consent of fifty-one per cent of property owners; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 517. A bill to amend an Act approved March 20th, 1937, relating to the adoption of rules and regulations as to construction and repair of buildings in counties having a population of 200,000 or more by the 1930 United States census ; and for other purposes.
Referred to Comm'ittee on Counties and County Matters.
By Mr. Gross of Stephens-
House Bill No. 536. A bill to authorize and empower the Toccoa Falls Institute located in Toccoa Falls, Georgia, to confer the degree of Bachelor of Arts in Biblical Education; and other purposes.
Referred to Committee on Education and Public Schools.
By Messrs. Sartain and Kelley. of Walker-
House Bill No. 556. A bill to provide for and. fix the hours of keeping. open of polls at precincts situated in counties with population between 26,204 and 26,208; and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. Mosley of Toombs-
House Bill No. 571. A bill to prohibit goats from running at large in counties having a population of not l~ss than 17,155 . and not and not more than 17,170, according to the United States, census .of 1930, or any future census; and for other purposes.
Referred to Committ;e: on .Game and ish. By Mr. Sapp of Coffe~
House Bill No. 606. A bill to prohibit goats from running at large in counties having a population of not less than 19,730 and not more than 19,760 according to the United States census of 1930 or any future United States census; and for other purposes.
Referred .to Committee on Game and Fish.
By Mr. Stiles of Fannin-

670

JOURNAL OF THE SENATE,

House Bill No. 611. A bill to amend an Act approved January 13th, 1938, page 817, by inserting the word Fannin after the word Rabun in the fourth line from the last in Section 3 of said Act so as to provide that fishing may b~ permitted in the ponds and lakes in Fannin county from April 15th to May 31st, inclusive; and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 625. A bill to enlarge the powers of the board of trustees of Georgia Military College; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mr. Williams of Bacon-
House Bill No. 635, A bill to propose to the qualified voters of Georgia, an amendment to Article 7, Section 7, Paragraph 1, of the constitution so .as to authorize the County of Bacon to issue refunding bonds; and for other purposes. .
Referred to Committee on Amendments to the Constitution.
By Mr. Wohlwender of Muscogee-
House Bill No. 647. A bill to amend :Section 30-107 of the code of 1933, so as to provide that any person who has been a resident of any army post or military reservation in the state for one year next preceding the filing of the petition may liring an action for divorce in any county adjacent to said United States army post or military reservation; and for other purpost"s.
Referred to Committee on Military Affairs.
By Messrs. Etheridge, Kendrick and M.rs. Mankin of Fulton-
House Bill No. 669. A bill to amend an Act incorporating the Cicy of Hapeville; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 673. A bill to amend Paragraph 11 Section 13, Article 6, of
the constitution, regulating the salaries of judges of the superior court hy providing for payment of additional compensation from the treasurer of DeKalb county; and for other purposes.
Roferred :to Committee on General Juniciary No. 1.
By Mr~ Campbell of Newton-
House Bill No. 745. A bill to authorize fishing with hook and line at all times during the entire year in Jackson Lake, located in the counties of Newton, Butts and Henry; and for other purposes.

MONDAY, MARCH '13, 1939

671

Referred to Committee on Game and Fish.
By Mr. Barrett of Cherokee-
House Bill No. 750. A bill to reincorporate the Town of Woodstock, m the County of Cherokee; repeal the present charter; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Allison and Pharr of Gwinnett.
House Bill No. 756. A bill to amend an Act entitled "An Act to create a board of county commissioners for Gwinnett county and to define and prescribe the powers and duties thereof"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Moss of Gordon-
House Bill No. 758. A bill to incorporate the Town of Oakman; and for other. purposes.
Referred to Committee on Municipal Government.
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to amend the charter of the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Hatchett of Meriwether-
House Bill No. 773. A bill to amend an Act approved March 24, 1933, entitled "An Act to amend an Act approved February 17, 1877, to constitute a board of county commissioners for the county, as amended", by providing for the employment of a clerk of the board of commissioners of roads and revenues of Meriwether county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Carrington of Barrow-
House Bill No. 775. A bill to create a board of commissioners of roads
and revenues for the County of Barrow; to provide for the election of members thereof by voters of the county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to amend the charter of the Town of Abbeville; and for other purposes.
Referred to Committee on Municipal Government.

672

JOURNAL OF THE SENATE,

By Mr. Douglas of Talbot-
House Bill No. 781. A bill to amend an Act entitled "An Act to establish the offices of tax collector and tax receiver of Talbot county; to create the office of tax commissioner of said county, etc." by providing that the compensation for tax commissioner shall be nine hundred ($900.00) dollars per annum rather than fifteen hundred ($1500.00) dollars per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 782. A bill to amend an Act creating a new charter for the
City of Decatur approved August 17, 1W9, by providing for certain fees to be paid city commissioners and members of board of education; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Evans of McDuffie-
House Bill No. 784. A bill to provide the manner in which justices of the peace and notaries public ex-officio justices of the peace shall be compensated in criminal cases in McDuffie county; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 785. A bill to amend an Act (Georgia Laws, 1922, page 751, et. seq.) to create a new charter for the City of Doerun in Colquitt county, to prescribe the qualifications of the voters in municipal elections in said city; and for other purposes.
Referred to Committee on Municipal Government.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bill of the House and have instructed me, as chairman, to report the same back to -the Senate with the following recommendation:
House Bill No. 711. Do pass. Respectfully submitted, McCranie of 48th district, chairman.
Mr. Manning of the 39th district, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government have had under consideration the

MONDAY, MARCH 13, 1939

673

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. 717. Do pass. House Bill No. 719. Do pass. House Bill No. 744. Do pass. House Bill No. 743. Do pass. House Bill No. 737. Do pass. House Bill No. 748. Do pass. House Bill No. 721. Do pass. House Bill No. 716. Do pass. House Bill No. 718. Do pass. House Bill No. 703. Do not pass.
Respectfully submitted,
Manning of 39th district, chairman.
Mr. Millican of the 52nd 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. 675. Do pass.
House Bill No. 739. Do pass.
House Bill No. 540. Do pass, as amended.
Respectfully submitted,
Millican of 52nd district, chairman.
Mr. Harrell of the 7th 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:

674

JOURNAL OF THE SENATE,

House Bill No. 280. Do pass.

Respectfully submitted,

Harrell of 7th district, chairman.

Mr. Groover of the 37th district, chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:

Your Committee on Penitentiary 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. 220. Do pass.

Respectfully submitted,

Groover of 37th district, chairman.

Mr. Cail of the 17th 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. 469. Do pass.

Senate Bill No. 225. Do pass.
Senate Resolution No. 57. Do pass, as amended.

Senate Bill No. 229.

Do pass. Respectfully submittt:d, Cail of 17th district, chairman.

Mr. Millican of the 52nd 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 instructc;d me, as chairman, to report the same back: to the Senate with the following recommendation:

Senate Bill No. 222.

Do pass. Respt:ctfully submitted, Millican of 52nd district, chairman.

MONDAY, MARCH 13, 1939

675

Mr. Sanders of the 36th 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. 486.

Do pass. Respectfully submitted, Sanders of 36th district, chairman.

The following bills of the Senate favorably reported by committees were read the second ttme :

By Senator Causey of the 46th district-

Senate Bill No. 222. A bill to authorize the ordinary or other official or officials in charge of the fiscal affairs of the county to pay the premiums on surety company bonds of tax collectors and receivers and commissioners; arid for other purposes.

By Senator Warnell of the 1st district-

Senate Bill No. 225. A bill to amend an Act entitled "Highway Mileage" (Georgia Laws, 1929, Pages 260 through 269) so as to add to said highway map a certain road on State Rout 67, approximately 13 miles south of Statesboro, extending through Neville and Groveland ; and for other purposes.

The following resolution of the Senate favorably reported by the committee was read the second time:

By Senators Smith of the 24th, Cail of the 17th and Daves of the 14th districts-

Senate Resolution No. 57. A resolution by the Senate, the House concurring, that a state road survey council of 18 members be established; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Harris of Richmond, Gross of Stephens, Drake of Seminole and others-
House Bill No. 469. A bill to authorize the state highway board in conjunction with adjoining states or counties of adjoining states to purchase bridges; and for other purposes.

By Messrs. Tipton and Scott of Thomas-
House Bill No. 486. A bill to provide for holding four terms of the superior court of Thomas county; and for other purposes.

676

JOURNAL OF THE SENATE,

By Mr. Tippins of Wilcox-
House Bill No. 540. A bill to abolish the office of county treasurer of Wilcox county; and to provide for the designation of a county depository; and for other purposes.
By Mr. Tippins of Wilcox-
House Bili No. 675. A bill to create a board of roads and revenues of Wilcox county; and for other purposes.
By Messrs. Yawn and Wiggins of Dodge-
House Bill No. 711. A bill to amend an Act (Georgia Laws, 1937, page 1312) regulating the holding of primary elections of all political parties in the County of Dodge; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 716. A bill to repeal an Act incorporating the town of Lilburn, in the County of Gwinnett; and for other purposes.
By Mr. Jones of Paulding-
House Bill No. 717. A bill to create a new charter for the Town of Dallas, Paulding county; to define the corporate limits of said town; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 718. A bill to empower the City of Albany to furnish aid, relief and pensions to all officers, agents and employees of the City of Albany; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 719. A bill to amend an Act creating a charter for the City of Glennville by striking Section 5 thereof; and for other purposes.
By Mr. Boyd of Greene-
House Bill No. 721. A bill to create a new charter for the City of Greensboro; and for other purposes.
By Messrs. Allison and Pharr of GwinnettHouse Bill No. 737. A bill to incorporate the Town of Sugar Hill into a
municipal government, to provide for the government authority and for levying and collecting taxes ; and for other purposes.
By Mr. Ferguson of CamdenHouse Bill No. 739. A bill granting to the commissioners of roads and
revenues of Camden county authority to adopt and enforce zoning ordinances; and for other purposes.

MONDAY, MARCH 13, 1939

677

By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 743. A bill to amend the charter of the City of Augusta so as to authorize the city council to make temporary loans; and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 744. A bill to amend an Act approved August 18, 1911, incorporating the Town of Tyrone, Ga.; and for other purposes.
By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to amend the charter of the City of Pine Lake, in the County of DeKalb; and for other purposes.
Senator McCranie of the 48th district asked unanimous consent to have the following bill of the House recommitted to the Committee on Counties and County Matters:
By Mr. Tippins of Wilcox-
House Bill No. 675. A bill to create a board of commissioners of roads and revenues for Wilcox county; and for other purposes.
The consent was granted.
The President announced that Senator Millican of the 52nd district had been added to the Committee on Penitentiary.
Senator Durden of the lOth district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Western & Atlantic Railroad, read the second time, and recommitted:
By Senator Durden of the lOth district-
Senate Bill No. 224. A bill authorizing the governor to sell all the rights the state has under the contract with the Reconstruction Finance Corporation for the purchase of W. & A. Railroad warrants; and for other purposes.
The consent was granted.
The President asked unanimous consent to have the following bill of the House withdrawn from the Committee on Conservation, read the second time, and recommitted:
By Mr. Fowler of Treutlen-
House Bill No. 277. A bill to authorize certain counties to levy taxes for the conservation of natural resources; and for other purposes.
The consent was granted.
The following resolutions of the House were read and adopted:
By Mr. Bray of Bartow-

678

JOURNAL OF THE SENATE,

House Resolution No. 184. A resolution asking the treasury department of the United States to purchase essential war materials in Georgia; and for other purposes.
By Messrs. Joel and Bennett of Clarke-
House Resolution No. 185. A resolution requesting that the souvenirs gathered by Fred A. Birchmore be placed on display at the World's Fair in New York; and for other purposes.
By Messrs. Atkinson of Chatham, Bennett and Williams of Ware, and others-
House Resolution No. 189. A resolution urging Congressman Carl Vinson, chairman of the Committee on Naval Affairs, to use every effort to have the Navy Department specify the use of gum spirit turpentine as a paint thinner; and !or other purposes.
The following bill of the Senate was taken up for the purpose of considering a substitute offered by the House:
By Senator Manning of the 39th district-
Senate Bill No~ 189. A bill to amend an Act to authorize the mayor and council of Marietta to call an election to determine whether or not bonds are to be issued; and for other purposes.
The House offered the following substitute.
A BILL
To be entitled an Act to amend an Act approved August 20, 1906 (Georgia Laws, 1906, pages 846-848) authorizing the Mayor and Council of the City of Marietta to order an election so as to determine whether or not bonds shall be issued by the City of Marietta for certain designated purposes; by adding to the said Ac~ a Aew Section authorizing the Board of Lights and Waterworks to extend its services and facilities beyond the limits of Marietta; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
The Act of the General Assembly approved 'August 20, 1906 (Georgia Laws 1906, pages 846-848) authorizing the Mayor and Council of the City of Marietta to order an election for the purpose of determining whether or not bonds shall be issued by the City of Marietta for certain designated purposes be and the same is hereby amended by adding thereto a new section to be known as Section 5 A to read as follows:
"Section 5 A. The Board of Lights and Waterworks shall have th~ power and authority to extend its water mains and electric power lines beyond the limits of the City of Marietta into Cobb County at such places and to such distances as said Board may determine by proper resolution, and to serve customers on said mains and lines so extended at such rates as may be fixed by the Board."

MONDAY, MARCH 13, 1939

679

SECTION 2.

All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Senator Manning of the 39th district moved that the Senate agree to the House substitute, and the motion prevailed.

The following resolution of the Senate was read and taken up for consideration:

By Senator Dunn of the 22nd district-

Senate Resolution No. 59. A resolution condemning the action of the Reconstruction Finance Corporation in employing an attorney from North Carolina for its Georgia office; and for other purposes.

Senator Harrell of the 7th district moved to refer the resolution to the Committee on Rules, and the motion prevailed, ayes 18, nays 14.

Senator Dunn of the 22nd district moved to reconsider the action of the Senate in referring the resolution to the Committee on Rules, and the motion prevailed, ayes 15, nays 13.

Senator Lindsay of the 34th district moved that further action on the resolution be indefinitely postponed, and the motimi prevailed, ayes 27, nays 10.

Senator Harrell of the 7th district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee 'On Motor Vehicles, read the second time, and rec()mmitted:

By Senator Harrell of the 7th district-

Senate Bill No. 226. A bill to amend the code of 1933 to place a limitation

upon the weight of motor vehicles transporting inflammable petroleum products

in bulk on the highways; and for other purposes.

'

The consent was granted.

The following resolution of the Senate was read and adopted:

By Senators Durden of the lOth, Harrell of the 7th districts, and others-

Senate Resolution No. 60. A resolution providing for certain officials and members of the Senate and attaches to remain at the Capitol after adjournment in order to clear and close the business of the session; and for other purposes.

The following bill of the Senate was read the third time and put upon its passage:

By Senator Durdeq of the lOth district-

Senate Bill No. 208. A bill to empower the state department of health to acquire property for certain purposes; and for other purposes.

.68.0

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage ~f t11~ bill, 'the ayes were 27, nays 0.
'!he bill, .having receiv_e!l the requisite constitutional majority, was passed.
Senator Smith of the 24th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Pensions, read the seco~d time, and recommitted:
By Mr. Culpepper of Fayette-
House Bill No: 637. A bill to create a state division of Confederate pensions and records; and for other purposes.
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. 537.
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 Pearson 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 September 1, 1939, and which becomes due up to and including March 1, 1950; 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 September 1, 1939, and/or March 1, 1950; 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 Pearson mar issue refund.ing serial bonds not in excess of the aggregate sum of $20,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid on September 1, 1939, and any bonded indebtedness of said City outstanding and which may become due up to and including March 1, 1950, and provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds

MONDAY, MARCH 13, 1939

681

as they fall due, the proceeds of all such refunding bonds so issued by the City of Pearson to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of September 1, 1939, and/or March 1, 1950, and provided further, that such indebtedness shall not be incurred except with the assent of two-thirds of the qualified voters of said City of Pearson at an election or elections to be held as may be now, or may hereafter be prescribed by law for the incurring of new debts by said City of Pearson."

SECTION 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 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 Pearson to issue refunding bonds", and all persons opposed to the adopting of said amendment shall have written or printed in their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Pearson 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 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 Georgia, and the Governor shall make a proclamation thereof, as provided by law.

SECTION 3.

All laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Cail Chastain

Cloud Daves Dawson Dorminy Dunn Durden Estes Fortson

Groover Hass Howe Ingram Jordan Lindsay Manning Mavity

682

JOURNAL OF THE SENATE,

McGinty Millican Moate Moore New Nix

Palmour Redman Sears Smith, 12th Smith, 24th Thomason

Thrasher Twiggs Warnell Williams, 21st Williamson

On the passage of the bill, the ayes were 41, nays 0.

Not voting: Senators Brown, Causey, Cochran, Harrell, Holt, Kelley, McCranie, Padgett, Sanders, Williams of the 31st.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

The following bill of the House was read the third time and put upon its passage:

By Messrs. Morgan of Troup and Maxwell of Muscogee-

House Bill No. 78. A bill to limit campaign expenses in elections in the state; and for other purposes.

Senator Sanders of the 36th district asked unanimous consent to withdraw a substitute which he had offered to the bill, and the consent was granted.

The report of the committee, which was favorable to the passage of the bill,

was agreed to.



Senator Lindsay of the 34th district moved to table the bill, and the motion prevailed, ayes 22, nays 5.

The following bill of the House was read the third time and put upon its passage:

By Mr. Ferguson of Sumter-

House Bill No. 665. A bill to amend an Act approved August 21, 1911, by providing for the date of election and terms of elective offices for the Town of Leslie; and for other purposes.

The report of the committee,. which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Brown of the 4th district-

MONDAY, MARCH 13, 1939

683

Senate Bill No. 135. A bill to amend Title 92, Division 1, Part 9, of the code, as amended by Acts approved March 26, 1935, March 30, 1937, and December 29, 1937, by amending subsection (3) of subsection (i) of Section 92-3002 of said code, defining resident; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Brown of the 4th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senator Palmour of the 33rd district-
Senate Bill No. 200. A bill to amend chapter 95-18 of the code relating to the designation of railroad crossings as safe or unsafe, etc.; and for other purposes.
Senator Lindsay of the 34th district offered the following amendment:
To amend by striking the words, on the last line of paragraph one, "or any other citizen."
The amendment was adopted.
Senator Howe of the 38th district offered the following amendment:
To amend by striking Section 2 of said bill in its entirety; and by striking from the caption of bill the following words:
"by repealing Section 95-1808. of said chapter which prescribed the effect in any action for damages of a failure to observe such chapter."
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, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Palmour of the 33rd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senators Daves of the 14th and Dorminy of the 45th districts-
Senate Bill No. 211. A bill to amend Section 69-414 of the code relating to the manner in which assessments for municipal street improvements shall be payable in installments, and to amend Section 69-417 of the code relating to the issuance of bonds for street improvements; and for other purposes.

684

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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Daves of the 14th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senator Brinson of the 42nd district-
Senate Bill No. 219. A bill to amend an Act changing the classes and amounts of commissions allowed to tax receivers and tax collectors of state and county taxes approved January 17, 1938; to make the commission for collecting the last 10% of the tax digest apply to tax collecting officials paid a salary; and for other purposes.
The report of the committee, which was favorable to the passage ot the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 4.
The bill, having received the requisite constitutional majority, was passed.
Senator Brinson of the 42nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
The following bills of the House and Senate were read the third time and put upon their passage:
By Messrs. McGraw and Hatchett of Meriwether-
Hause Bill No. 378. A bill to establish the city court of Greenville; and for other purposes.
The committee offered the following amendments:
To amend House Bill No. 378, as follows: By adding a new section to be No. 46 A to read as follows:
"Section 46 A. Be it further enacted by the authority aforesaid that this Act shall take effect immediately upon passage and approval by the Governor and that it shall be the duty of the Democratic Executive Committee of Meriwether County to cause the issue as to whether or not said court shall remain in existence to be submitted to the voters of Meriwether County in the next regular Democratic Primary to be held in said county for the selection of sheriff, clerk of superior court and other county officers, and shall cause to be placed on each ballot the words 'for city court' and 'against city court' and should the voters at such Democratic Primary cast a majority vote for city court said court shall remain in existence and this Act shall remain in full force and effect until repealed by the General Assembly of Georgia, but should a majority of the voters vote against the city court, then this

MONDAY, MARCH 13, 1939

685

Act shall become inoperative and of no force or effect on and after January 1, 1941, and said court shall cease to exist on said date."
To further amend by adding a new section to be numbered 46 B to read as follows:
"Section 46 B. Be it further enacted by the authority aforesaid that no primary shall be called or held for the purpose of selecting the Judge or Solicitor of said court until the results of the election provided for in Section 46 B shall have been determined by the voters in said election as to retention or rejection of said court."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

By Senators Sanders of the 36th and Millican of the 52nd districts-

Senate Bill No. 142. A bill declaring the promulgation of rules of practice and

procedure for the trial courts of Georgia; and for other purposes.



Senator McGinty of the 43rd district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.

The Senator voted "aye" on the bill and pending amendments, and was so recorded.

Senator Millican of the 52nd district moved to amend the bill by adding a new section to be appropriately numbered and reading as follows: 'Be it further enacted that no expense shall be borne by the state in connection with putting into effect the provisions of this Act."

The amendment was adopted.

Senator Sanders of the 36th district moved to amend Senate Bill No. 142 by adding after the word "Assembly" in line 3 of the second page of the printed bill the words "for their approval or rejection" and by striking the balance of said section except the repealing clause.

The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to, IS amended.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

686

JOURNAL OF THE SENATE,

Senator Sanders of the 36th district gave notice that at the proper time he would move to reconsider the action of the Senate in passing the bill.
The Senate recessed at 12:30 and reconvened at 1:30 p. m., to resume the regular transaction of business.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 280. A bill defining shares of stock and certificates of stock in corporations; and for other purposes.
Senator Manning of the 39th moved to amend House Bill No. 280 by striking the first sentence in Section 13 in its entirety, said sentence reading as follows:
"No attachment or levy upon shares of stock for which a certificate is outstanding shall be valid until such certificate be actually seized by the officer making the attachment or levy, or to be surrendered to the Corporation which issued it or its transfer by the holder be enjoined," and substituting in lieu thereof the following:
"Nothing in this Act shall alter the law as expressed in Sections 8-206 to Section 8-209, Georgia Code of 1933, as relating to levying on, and attachment of, corporate stocks."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On th~ passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
Senator Millican of the 52nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
Senator Brinson of the 42nd district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
By Senator Brinson of the 42nd district-
Senate Bill No. 217. A bill to amend the charter of the City of Summerville; and for other purposes.
The consent was granted. Senator Fortson of the 50th district moved that the Senate do now adjourn, and the motion was lost. The fol)owing bills of the House were read the third time and put upon their passage:

MONDAY, MARCH 13, 1939

687

By Mr. Pannell of Murray-
House Bill No. 614. A bill to amend an Act to consolidate and abolish the offices of tax receiver and tax collector of Murray county; and for other purposes.
The committee offered the following amendment:
To amend the caption of House Bill No. 614, by adding after the words "Murray County, Georgia," the following words, to-wit: "To fix salary of such officer," the new caption to read as follows:
"A bill entitled an Act to amend an Act entitled an Act to consolidate and abolish the offices of tax receiver and tax collector of Murray County, Georgia, to fix salary of such officer; and for other purposes."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Mr. Pannell of Murray-
House Bill No. 622. A bill to amend the Act to fix the salaries of members of the board of commissioners of roads and revenues of Murray county; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to abolish the Board of Roads and Revenues of Murray County, Georgia, as established and created by an Act approved February 10, 1933, (Georgia Laws 1933, Pages 626-634) as amended by an Act approved March 28, 1935, (Georgia Laws 1935, Pages 765-773), and to repeal both said Acts in their entirety, so as to create a new Board of Roads and Revenues of Murray County, Georgi~!-; to determine by ballot the number comprising said Board, and to provide for an ele.;:tion tlterefor; to prescribe the term of office of the member or members of said Board and the rights, powers and duties thereof; election of the successor or successors; to fix th~ term of office of the member or members of said Board and their compensation; to provide for a Clerk and an Attorney for said Hoard and to fix their compensations; and to prescribe the duties of said Clerk; to provide for filling vacancks; to provide for a depository for county funds; to prohibit the employment of or contract with relatives; to prohibit the member or members of said Boards or any other person in the employ of Murray County from having any financial interest in the purchase or sale of merchandise, supplies, machinery, equipment or other property to or by Murray County; to prohibit any member of said Board or other employees of Murray County from receiving anything of value on

688

JOURNAL OF THE SENATE,

account of the purchase or sale of any article to or by Murray County; to provide that the present incumbents on the Board of Roads and Revenues of Murray County shall remain in office until January 1, 1941 ; and to prescribe the rights, powers and duties of the present incumbents on said Board; to provide for the compensation of the present incumbents on said Board, and to provide for an election to determine the amount of said compensation; to provide that no vacancy which may occur among the present incumbents on said Board shall be filled ; 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.
That the Board of Roads and Revenues of Murray County, Georgia, as established and created by an Act approved February 10, 1933 (Georgia Laws 1933, Pages 626-634) as amended by an Act approved March 28, 1935 (Georgia Laws 1935; Pages 765-773) be and the same is hereby abolished and said Acts repealed in their entirety.
SECTION 2.
There is hereby created a Board of Roads and Revenues for the County of Murray, to consist of the present incumbents until January I, 1941, but on and after January 1, 1941, said Board shall consist of three members, or of only one member, as determined by an election hereinafter provided for. Said Board shall have authority and control over the fiscal and other affairs of said County, and over the roads, buildings and bridges of said County, and shall generally exercise such authority and control of said County as is provided by law for a Board of Roads and Revenues.
SECTION 3.
Except where otherwise provided in this Act, the powers and duties of said Board of Roads and Revenues shall be as defined by the General Laws of Georgia with reference to the powers and duties of the authorities in charge of the control and management of County affairs.
SECTION 4.
That within thirty days after the passage and approval of this Act, the Ordinary of Murray County shall call a special election to determine whether said Board of Roads and Revenues herein provided for shall be composed of three men, or shall be composed of one man. The expenses of said election shall be paid by Murray County. Ballots shall be furnished with the words "For a three man Board", and, "For a one man Board", plainly printed thereon. The majority vote cast at said election shall determine whether said Board shall consist of one man or three men on and after January 1, 1941.
SECTION 5.
The election of the members of said Board to succeed the present incumbents on
said Board shall be at the regular election for County officers held in Murray

MONDAY, MARCH 13, 1939

689

County in 1940, and the one man or three men elected under the provisions of this Act shall take office on the first day of January, 1941, and shall continue in office for four years and until his successor or their successors are duly elected and qualified. The present incumbents of said Board shall continue to hold office until January 1, 1941.
SECTION 6.
Be it further enacted by the authority aforesaid that if it is declared that said Board of Roads and Revenues on and after January 1, 1941, shall consist of three members, said Board shall meet in their office at the Courthouse in regular meeting on the first Tuesday in each month for the transacting of any business appertaining to County affairs, and shall meet at such special or called meetings as they may see fit to hold. They shall each receive as compensation the sum of Five Hundred ($500.00) Dollars per annum, payable monthly, and shall not draw pay for any other services rendered said County. Before entering upon the duties of said office, the members of said Board shall take and subscribe to an oath for the faithful performance of their duties, and shall give bond payable to and approved by the Ordinary of said County in the sum of Two Thousand ($2,000.00) Dollars each, with good and sufficient security conditioned upon the faithful performance of their duties.
SECTION 6-a.
The present incumbents of said Board shall not be required to give new bonds, and their present bonds shall continue to be in full force and effect, and said present incumbents shall have, from and after the passage of this Act, all rights, powers and duties possessed by or delegated to and devolving upon the Board herein created.
SECTION 7.
Be it further enacted by the authority aforesaid that in the event it is declared that said Board of Roads a:nd Revenues shall on and after January 1, 1941, consist of only one man, the member so elected shall specify one regular day of each week, and the first Tuesday of each month in which he shall remain in his office at the Courthouse of said County, for the transaction of public business in connection with his office, and the remainder of the working time of each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps, and generally to the affairs of the County. He shall devote his entire time to the discharge of his duties, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which would interfere with the discharge of his duties. Before entering upon the duties of his office, he shall take and subscribe to an oath for the faithful discharge of his duties as required herein, and shall enter into a bond in the sum of Ten Thousand ($10,000.00) Dollars, with good and sufficient security, which bond shall be payable to and approved hy the Ordinary of said County, and conditioned for the faithful discharge of the duties of his office and the faithful accounting for all property and funds coming into his hands by virtue of his office.

690

JOURNAL OF THE SENATE,

He shall be paid in compensation for his services the sum of Fifteen H un<lred ($1500.00) Dollars per annum, payable monthly.
SECTION 8.
Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that the Ordinary of Murray County shall be the Clerk of said Board of Roads and Revenues at a salary of Twenty ($20.00) Dollars per month. It shall be the duty of said Clerk to attend all meetings of the Hoard and to keep in well bound books, to be provided by the Board at the expense of the County, full and accurate records and minutes of all proceedings and transactions of said Board, and a book showing itemized accounts of all receipts and disbursements, to file in order of their dates all original bills and statements and claims rendered against the County, showing the approval for payment by the Board of Roads and Revenues, and to arrange and file any orders, petitions, applications, and other papers addressed to and belonging to the Board, and to issue and sign as Clerk all checks or warrants against the County funds and in the depository of County funds, in payment of approved bills and statements of monies due by said County, and all checks or warrants so issued and signed must be countersigned by the Chairman of said board, which checks or warrants shall be numbered and stubbed and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, letters and documents showing the disbursement of any funds and the various transactions of the Board shall be kept by the Clerk of said Board in the office of said Clerk at the Courthouse in Murray County, and be subject to examination and inspection by any taxpayer at any time.
SECTION 9.
Be it further enacted that it shall be the duty of the Clerk to post monthly, at some place in the Courthouse where it may be inspected by the public, an itemized statement of the financial condition of said County, showing in detail all funds paia into the County Treasury and from what source received; also showmg in detail all disbursements made by said County; also showing an itemized statement of all accounts paid and showing who made the purchases. Such posted statement shall also show the balance on hand or the warrants outstanding.
SECTION 10.
Be it further enacted that said Board of Roads and Revenues shall have authority to employ a competent Attorney-at-Law to advise the Board and represent the County in any litigation which may arise in which said County is a party. Said Board shall pay said County Attorney such compensation as may be agreed upon, not in excess of One Hundred Fifty ($150.00) Dollars per annum, for his services in advising said Board.
SECTION 11.
Be it further enacted by the authority aforesaid that said Board of Roads and Revenues may select some solvent bank in said County, as a depository of the County funds, which depository so selected shall receive all funds of the County, and dis-

MONDAY, MARCH 13, 1939

691

burse the same only on vouchers signed by the Chairman of said Board in event a three man Board is declared, or by the sole member in event a one man Board is declared; except it may pay the jury script and court bailiff's hire, issued by the Clerk of the Superior Court, and orders drawn by the Judge of the Superior Court of said County. Such depository so selected shall keep a record of all funds of the County and make a report thereof once a month to said Board, free of charge to the County.
SECTION 12.
Be it further enacted that it shall be unlawful for the member of said Board, or members, in event a three man Board is declared and elected, to employ any person related to the member or any member within the fifth degree, either by blood or marriage, or to contract with such person or persons for any equipment, material or supplies, or for any work to be done on the public roads, bridges or other works of the County, except when bids are received for equipment, machinery or supplies, or for work to be done on the public roads, bridges or other works of the County. upon full specifications and due advertisements in regard thereto and a person related to the member or any member is the lowest bidder therefor.
SECTION 13.
Be it further enacted that it shall be unlawful for the member or members of said Board, the Clerk of the Board, Convict Warden, or any other person in the employ of Murray County, or any other person employed, either directly or indirectly, to have any financial interest in the purchase of goods, wares, merchandise, supplies, machinery or equipment purchased for said County; or to receive any bonus, percentage, gift or any other thing of value for the purchase of any article sold to said County or bought from said County by any person, firm, or corporation; or to accept any free trips, or free transportations, or any other thing of pleasure or value from any person, firm or corporation who contemplates selling any article to the County of Murray or purchasing any article from the County of Murray.
SECTION 14.
Be it further enacted by the authority aforesaid that in event a one man Board is declared and a vacancy occurs in said office after the election of said Board by reason of death, resignation or otherwise, the affairs of said office shall be conducted by the Ordinary of said County, with all the authority and power of the Board, until his successor is elected and qualified, to be elected at a special election called by the Ordinary of said County, to be held within thirty days after death, resignation or other cause resulting in said vacancy. In the event a Board of three men is declared, and a vacancy occurs after the election of said members, all the powers and authority of said Board shall be exercised by the surviving members thereof, and the Ordinary of said County shall call an election to fill said vacancy within thirty days from the time said vacancy occurs.
SECTION 14-a.
In the event a vacancy occurs among the present incumbents on said Board, all

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JOURNAL OF THE SENATE,

the powers and authority of said Board shall be exercised by the surviving members thereof, and no election shall be held to fill said vacancy.
SECTION 15.
Be it further enacted by the authority aforesaid that within thirty dars after the passage and approval of this Act the Ordinary of l\1 urray County shall call a special election to determine whether the salaries of the present incumbents on said Board shall remain the same as they are now or whether they shall be increased to Five Hundred ($500.00) Dollars per annum for each member. The expense of said election shall be paid by Murray County. Ballots shall be furnished with the words "For increasing the salaries of each of the present members of the Board of Roads and Revenues to Five Hundred ($500.00) Dollars per annum," and the words "Against increase in salary for each of the present members of the Board of Roads and Revenues." In the event a majority vote cast at said election shall determine that said salaries shall be increased to Five Hundred ($500.00) Dollars, each of the present incumbents on said Board shall receive a salary of Five Hundred ($500.00) Dollars per annum, payable monthly from May l, 1939, to January 1, 1941. In the event a majority vote cast at said election shall determine that there shall be no increase in the salaries of the present incumbents on said Board, then the salaries of the present incumbents on said Board shall remain the same as existed prior to the passage of this Act.
SECTION 16.
Be it further enacted by the authority aforesaid that if for any reason any section, provision or clause of this Act should be held invalid, then such decision shall not affect or destroy the validity of any other portion of this Act.
SECTION 17.
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, by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
The following resolution of the Senate was read and adopted:
By Senators Spivey of the 16th, Millican of the 52nd, Abbot of the 18th districts and others-
Senate Resolution No. 61. A resolution urging Kiwanis International to hold their next international convention in Atlanta; and for other purposes.
Senator Abbot of the 18th district asked unanimous consent to have the following bill of the Senate withdrawn from further consideration:

MONDAY, MARCH 13, 1939

693

By Senator Jordan of the 15th district-
Senate Bill No. 212. A bill to define shares of stock and certificates of stock in corporations; and for other purposes.
The consent was granted.
Senator Millican of the 52nd district asked unanimous consent to recommit the following bill of the Senate to the Committee on Municipal Government:
By Senators Manning of the 39th and Spivey of the 16th districts-
Senate Bill No. 210. A bill to amend an Act to promote public health, safety and morals by prohibiting certain types of endurance contests, etc.; and for other purposes.
The consent was granted.
Senator Fortson of the 50th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 9 :30 o'clock.

694.

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Tuesday, March 14th, 1939.
The Senate met pursuant to adjournment at 9:30 o'clock this day and was called to order by Senator Durden of the lOth district, acting for the President.
Prayer was offered by the Chaplain.
Senator Fortson of the 50th district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Williams of the 31st district, vice-chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Harrell of the 7th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that 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. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 bills of the Senate were introduced, read the first time and referred to committees:
By Senator W arr.ell of the lst district-
Senate Bill No. 232. A bill to amend the several Acts relating to and incorporating the Town of Thunderbolt, so as to define and extend its corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Dawson of the 2nd district-
Senate Bill No. 233. A bill to prohibit any relative or employee of a candidate or any committeeman from serving as an election manager or an election clerk; and for other purposes.

TUESDAY, MARCH 14, 1939

695

Referred to Committee on Privileges and Elections.
By Senator Spivey of the 16th district-
Senate Bill No. 234. A bill to require Emanuel county to pay the Emanuel county sheriff the cost now allowed by law in all criminal cases tried in the superior court of the county or city court where the defendant is convicted or pleads guilty and is sentenced to the public works camp or state prison; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Spivey of the 16th district-
Senate Bill No. 235. A bill to amend an Act (Georgia Laws of 1900, pages 427-438) and all Acts amendatory thereof so as to provide for the establishment of a recorder's court in and for the City of Swainsboro; and for other purposes.
Referred to Committee on Municipal Government.
The following resolutions of the Senate were introduced, read the first time and referred to committees:
By Senator Lindsay of the 34th district-
Senate Resolution No. 62. A resolution memoralizing Congress to provide funds for business research.
Read and adopted.
By Senator Dawson of the 2nd district-
Senate Resolution No. 63. A resolution that the state librarian be requested to furnish certain volumes of Georgia Reports and Georgia Appeals Reports to the ordinary of Liberty county; and also certain volumes of Georgia Reports and Georgia Appeals Reports to the cleric of the superior court of Liberty county; and for other purposes.
Referred to Committee on Public Library.
By Senator Dunn of the 22nd district-
Senate Resolution No.' 64. A resolution urging the Governor to carry out the recommendations of the Economy Committee; and for other purposes.
The following message was received from the House through Mr. Greer, the cleric, thereof:
Mr. President:
The House has passed, by the requisite constitutional majority, the following bill of the Hou3e, to-wit:
By Messrs. Swindle of Berrien and Claxton of Johnson-
House Bill No. 690. A bill to be entitled an Act to authorize the state highway

6%

JOURNAL OF THE SENATE,

department to expend state-aid road funds upon any rural or post roads of the state not on the state highway road system; and for other purposes.
By Mr. Etheridge of Fulton-

House Bill No. 654. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.

By Mr. Kennedy of Tattnall-
House Bill No. 793. A bill to be entitled an Act to amend an Act creating the board of commissioners of roads and revenues for Tattnall county; and for other purposes.
By Mr. Rawlings of Telfair-

Hause Bill No. 795. A bill to be entitled an Act to create and incorporate the City of Jacksonville; and for other purposes.
By Mr. Moore of Lumpkin-

House Bill No. 796. A bill to be entitled an Act to amend the charter of the City of Dahlonega; and for other purposes.

By Mr. Carmichael of Cobb-
House Resolution No. 197. A resolution calling upon the State of Georgia to move the "Old Locomotive General" from Chattanooga, Tennessee, 'to Kennesaw, Georgia, to be u~ed as an exhibit in the Kennesaw Memorial Park.

The following message was. received from the House through Mr. Greer, the

clerk thereof:

.

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority, the following bill of the Senate, to-wit:

By Senator Millican of the 52nd district-

Senate Bill No. 4. A bill to be entitled an Act to regulate the sale or giving away of drugs which have a base or are derived from barbituriates and barbituric acid; and for other purposes.

The Hotise hag passed, by the requisite constitutional majority, the following bill of the Senate, to-wit:

By Senator Causey of the 46th district-

. Senate Bill No. 128. A bill to be entitled an Act to abolish the fee system in the superior courts of Waycross judicial circuit; and for other purposes.

The following message was received from the House through Mr. Greer, the clerk thereof:

TUESDAY, MARCH 14, 1939

697

Mr. President:
The .Hous.e has passed, by the requisite constitutional majority, the following bills of the House, to-wit:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House .BilL No. 359. A bill to be entitled an Act to amend Paragraph 2, Secti~n 6, of Article 7, of the constitution, so as to authorize the enactment of laws creating a civil se:-vice commission for the county of Fulton; and for other purposes.
By Mr. McNail of Chatham,...,. .
House Bill No. 449. A bill to be entitled an Act to repeal Section 12-609 of the Code of 1933 and enact in lieu thereof a new provision; and for other purposes.
By Mr. Tippins of Wilcox-
.. : .Ho~se Jlill ,No. 657. A bill to be entitled an Act to provide for the holding
of' thr~e term~ a year of the superior court of Wilcox county; and for other purposes.
By Messrs. Carmichael of Cobb, Culpepper of Fayette, Lanier of Richmond and Rees of Webster-
House Bill No. 621. A bill to be entitled an Act to establish the department of' purchases for the state; and for other purposes.
;
The following ;bills of' the House were read the first time and referred to committees:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 359. A bill to amend Paragraph 2, Section 6, of Article 7, of.the' constitution of Geo"rgia so as to authorize the enactment of laws creating a civii service commission for Fulton county; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. McNall of Chatham-
Hou~e Bi~l No. !H-9 .A bilL to repeal Section 12-609 of the Code of Georgia of
,933 ,rela~ng 'to,sa\es by .pawnees; .to enact in lieu thereof a provision providing
how, when, in what manner, and what conditions property received in pledge by. a
pawnbroker may be sold; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Etheridge of Fulton-
House Bill No. 654. A bill to amend an Act establishing a new charter for the City of Atlanta, to provide for a department of public safety; and for other purposes.
Referred to Committee on Municipal Government..

698

JOURNAL OF THE SENATE,

By Mr. Tippins of WilcoxHouse Bill No. 657. A bill to provide for holding three terms a year of the
superior court of Wilcox county; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Carmichael of Cobb, Culpepper of Fayette, Lanier of Richmond and Rees of Webster-
House Bill No. 621. A bill to establish a department of purchases for the state; to provide for a supervisor of purchases; and for other purposes.
Referred to Committee on Finance.
By Messrs. Swindle of Berrien and Claxton of Johnson-
House Bill No. 690. A bill to authorize the state highway department to expend .state aid road funds upon any rural or post roads of the state not on the state highway road system; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Kennedy of Tattnall-
House Bill No. 793. A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Tattnall, providing for five members instead of four; and for other purposes
Referred to Committee on Counties and County Matters.
By Mr. Rawlins of Telfair-
House Bill No. 795. A bill to create and incorporate the City of Jacksonville, in Telfair county; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Moore of Lumpkin-
House Bill No. 796. A bill amending an Act reincorporating the City of Dahlonega; authorizing the mayor and council to assess and levy street paving ag?-insf abutting property owners; and for other purposes.
Referred to Committee on l.Hunicipal Government.
Mr. Ingram of the 51st 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:

TUESDAY, MARCH 14, 1939

699

Senate Bill No. 224. Do pass. Respectfully submitted,
Ingram of 51st district, chairman. Mr. Harrell of the 7th 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 Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 230. Do pass. House Bill No. 242. Do not pass.
Respectfully submitted,
Harrell of 7th district, chairman. Mr. Redman of the 26th 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. 226. Do pass, by substitute. Respectfully submitted,
Redman of 26th district, chairman. Mr. Daves of the 14th district, chairman of the Committee on Pensions, submitted the following report:
Mr. President: Your Committee on Pensions have had under consideration the following bill
of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 637. Do pass, by substitute.
Respectfully submitted,
Daves of 14th district, chairman.
Mr. Causey of the 46th district, chairman of the Committee on Public Welfare, submitted the following report:

700

JOURNAL OF THE SENATE,

Mr. President: Your Committee on Public Welfare 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. 73. Do pass, as amended.
Respectfully submitted,
Causey of 46th district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following 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. 635. Do pass.
Respectfully submitted,
Abbot of 18th district, chairman.
Mr. Manning of the 39th district, chairman of the Committee on Municipal Governments, 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. 738. Do pass.
Senate Bill No. 217. Do pass.
Senate Bill No. 210. Do pass. Respectfully submitted,
Manning of 39th district, chairman.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President: Your Committee on Privileges and Elections have had under consideration the
following bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 494. Do pass.

TUESDAY, MARCH 14, 1939

701

House Bill No. 556. Do pass. Respectfully submitted, McCranie of 48th district, chairman.
Mr. Durden of the lOth 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 Senate and House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 218. Do pass, as amended. House Bill No. 364. Do pass.
Respectfully submitted, Durden of lOth district, chairman.
Mr. Cail of the 17th 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 House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 301. Do pass.
Respectfully submitted,
Cail of 17th district, chairman.
Mr. Dunn of the 22nd district, chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President: Your Committee on Uniform Laws have had under consideration the following
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. 84. Do pass.
Respectfully submitted,
Dunn of 22nd district, chairman.
Dr. Cail of the 17th district, chairman of the Committee on Highways and Public Roads, submitted the following report:

702

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Highways and Public Roads have had under consideration the following bill of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:

House Bill No. 690.

Do pass. Respectfully submitted, Cail of 17th district, chairman.

Mr. Palmour of the 33rd district, vice-chairman of the Committee on Military Affairs, submitted the following report:

Mr. President:

Your Committee on Military Affairs 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. 647.

Do pass. Rl"spectfully submitted, Palmour of the 33rd district, vice-chairman.

Mr. Howe of the 38th 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 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. 729. Do pass.

House Bill No. 730. Do pass. Respectfully submitted, Howe of 38th district, chairman,

Mr. Sanders of the 36th 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. 784. Do pass. Respectfully submitted, Sanders of the 36th district, chairman

TUESDAY, MARCH 14, 1939

703

Mr. Thrasher of the 27th 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 Senate and House bills and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 90. Do pass. Senate Bill No. 198. Do pass, as amended. Senate Bill No. 190. Do pass, as amended. Senate Bill No. 180. Do pass, as amended. Senate Bill No. 179. Do pass, as amended. House Bill No. 284. Do pass. House Bill No. 606. Do pass. House Bill No. 571. Do pass. House Bill No. 745. Do pass. House Bill No. 354. Do pass. House Bill No. 611. Do pass.
Respectfully submitted, Thrasher of 27th district, chairman.
Mr. Millican of the 52nd 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 considera-
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. 493. Do not pass. Senate Bill No. 227. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.
Mr. Millican of the 52nd 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 considera

704

JOURNAL OF THE SENATE,

tion 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. 781. Do pass. House Bill No. 507. Do pass. House Bill No. 427. Do pass. House Bill No. 328. Do pass. House Bill No. 517. Do pass. House Bill No. 472. Do pass. House Bill No. 756. Do pass. House Bill No. 471. Do pass. House Bill No. 773. Do pass.
Respectfully submitted, Millican of 52nd district, chairman.
Mr. Twiggs of the 40th 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 re~ommendations:
House Bill No. 219. Do pass. House Bill No. 625. Do pass. House Bill No. 536. Do pass. House Bill No. 491. Do pass. House Bill No. 674A. Do pass.
Respectfully submitted, Twiggs of 40th district, chairman.
Mr. 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:

TUESDAY, MARCH 14, 1939

705

House Bill No. 673. Do pass.
Respectfully submitted,
Lindsay of 34th district, chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time :
By Senator Palmour of the 33rd district-
Senate Bill No. 90. A bill authorizing and permitting persons to hunt and trap rabbits in the county of their residence without a license; and for other purposes.
By Senator Jordan of the 15th district-
Senate Bill No. 227. A bill to abolish the offices of tax collector and tax receiver of Wheeler county; to create the office ot tax commissioner; and for other purposes.
By Senator Estes of the 35th district-
Senate Bill No. 229. A bill to add a certain road to state highway map on state route No. 155 at Panthersville approximately five miles south of Decatur; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 230. A bill to amend Code Section 92-3715 of 1933, as amended by the Act approved March 31st, 1937, Pages 444-446, by striking the words "one and one-fourth mills" where the same occurs in code section as amended by inserting in lieu thereof "three mills"; and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Jones of Brantley-
House Bill No. 84. A bill changing the time of holding the superior court of Brantley county; and for other purposes.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 219. A bill to amend Section 32-9906 of the Civil Code of 1933, known as the Compulsory School Attendance Law, to provide an additional penalty for the violation of said section and said law; and for other purposes.
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
House Bill No. 301. A bill to add a certain road in Evans, Liberty and Tattnall counties to the state highway system; and for other purposes.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton-
House Bill No. 328. A bill to authorize counties of population of 200,000 to

706

JOURNAL OF THE SENATE,

contract with any municipality located therein with reference to furnishing of regulation functions; and for other purposes.
By Mr. Pilcher of Warren-
House Bill No. 364. A bill to amend Code Section 68-502, definitions of certain terms used in chapter, by amending Sub-section 2, relative to weight of motor vehicles transporting agricultural products; and for other purpo5es.
By Messrs. Merritt, Grice and Bloodworth of Bibb-
House Bill No. 427. A bill to authorize any county having a population of not less than seventy-five thousand and not more than one hundred thousand inhabitants, according to the 1930 census or that may have a population within said limits by any future federal census, to pass zoning and planning laws; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 471. A bill to authorize board of county commissioners or other fiscal authority in all counties having a population of 72,500 to 73,500 to regulate building and construction in unincorporated areas in such counties; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 472. A bill to amend Article 11, Section 3, of the constitution so that in Fulton county various county officials may name a chief deputy who would succeed such official in office if a vacancy should occur; and for other purposes.
By Mr. Holtzendodf of Ben Hill-
House Bill No. 491. A bill to repeal an Act to amend the Act approved (Georgia Laws 1937, Pages 441-443), which deals with the manner of selecting members of the county board of education in certain designated counties, by adding a proviso to Section 1 of said Act, providing that persons residing in the Fitzgerald district (an independent school district) shall not be qualified to participate in said election; and for other purposes.
By Mr. Holtzendodf of Ben Hill-
House Bill No. 494. A bill to provide manner of electing members of county board of education in counties having a population of 13,000-13,050; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 507. A bill to amend an Act authorizing counties of a certain population to pass zoning and planning laws, upon consent of fifty-one per cent of property owners; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 517. A bill to amend an Act approved March 20th, 1937,

TUESDAY, MARCH 14, 1939

707

relating to the adoption of rules and regulations as to construction and repair of buildings in counties having a population of 200,000 or more by the 1930 United States census; and for other purposes.
By Mr. Gross of Stephens-
House Bill No. 536. A bill to authorize and empower the Toccoa Falls Institute located in Toccoa Falls, Georgia, to confer the degree of Bachelor of Arts in Biblical Education; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 556. A bill to provide for and fix the hours of keeping open of polls at precincts situated in counties with population of 26,204-26,208; and for other purposes.
By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 625. A bill to enlarge the powers of the board of trustees of Georgia Military College; and for other purposes.
By Mr. Williams of Bacon-
House Bill No. 635. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the County of Bacon to issue refunding bonds; and for other purposes.
By Mr. Rossee of Putnam-
House Bill No. 674 A. A bill to amend the Act authorizing a system of public schools for Eatonton, by repealing portions of the Act as may create a separate board of trustees for the colored schools of said city; and for other purposes.
By Mr. Stiles of Fannin and Mr. Sartain of Walker-
House Bill No. 729. A bill to provide for special taxation by the state and by political sub-divisions of corporations organized under the laws of the United States and agencies of the United States or any other state engaged in the generation, etc., of electric power; and for other purposes.
By Messrs. Stiles of Fannin and Sartain of Walker-
House Bill No. 730. A bill to provide for the ad valorem taxation of property owned or possessed in this state by corporations organized under the laws of the United States and by agencies engaged in proprietary as distinguished from governmental activities in this state; and for other purposes.
By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to revise, alter and amend several Acts incorporating the Town of Tybee, now known as Savannah Beach, Tybee Island; and for other purposes. By Messrs. Allison and Pharr of Gwinnett-

708

JOURNAL OF THE SENATE,

House Bill No. 756. A bill to amend an Act entitled "An Act to create a board of county commissioners for Gwinnett county and to define and prescribe the powers and duties thereof;" and for other purposes.
By Mr. Hatchett of Meriwether-
Hause Bill No. 7i3. A bill to amend an Act approved March 24, 1933, entitled "An Act to amend an Act approved February 17th, 1877, to constitute a board of
county commissioners for the county, as amended", by providing for the employment of a clerk of the board of commissioners of roads and revenues of Meriwether county; and for other purposes.
By Mr. Douglass of Talbot-
House Bill No. 781. A bill to amend an Act entitled "An Act to abolish the offices of tax collector and tax receiver of Talbot county; to create the office of tax commissioner, etc.," by providing that the compensation for tax commissioner shall be nine hundred ($900.00) dollars per annum rather than fifteen hundred ($1500.00) dollars per annum; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 784. A bill to provide the manner in which justices of the peace and notaries public ex-officio justices of the peace shall be compensated in criminal cases in McDuffie county; and for other purposes.
Senator Dawson of the 2nd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Game and Fish, read the second time, and recommitted:
By Mr. Gowen of Glynn-
House Bill No. 354. A bill to provide a different date for the opening of hunting season in certain counties; and for other purposes.
The consent was granted.
Senator Fortson of the 50th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Game and Fish, read the second time, and recommitted:
By Mr. Brooks of Oglethorpe-
House Bill No. 284. A bill to prohibit the trapping or taking of foxes m certain counties; and for other purposes.
The consent was granted.
Senator Thrasher of the 27th district asked unanimous consent to have the following bills of the House withdrawn from the Committee on Game and Fish, read the second time, and recommitted:
By Mr. Moseley of Toombs-

TUESDAY, MARCH 14, 1939

709

House Bill No. 571. A bill prohibiting goats from running at large in Toombs county; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 606. A bill prohibiting goats from running at large m Coffee county; and for other purposes.
By Mr. Stiles of Fannin-
House Bill No. 611. A bill allowing fishing in Fannin county from April 15th to May 31st in any year; and for other purposes.
By Mr. Campbell of Newton-
House Bill No. 745. A bill allowing fishing with hook and line at any time in Jackson Lake in Newton, Butts and Henry counties; and for other purposes.
The consent was granted.
The following resolution of the House was read and taken up for consideration:
By Mr. Carmichael of Cobb-
House Resolution No. 197. A resolution calling upon the state to remove the old locomotive "General" from Chattanooga, Tenn., to Kennesaw, Ga.; and for other purposes.
On motion of Senator Lindsay of the 34th district, action on this resolution was postponed until Wednesday, March 15th, 1939.
The following resolution of the Senate was read and adopted:
By Senators Lindsay of the 34th and Moore of the 47th districts-
Senate Resolution No. 62. A resolution to memorialize Congress to provide
. funds for business research stations; and for other purposes. The following bills of the Senate and House were read the third time and put upon their passage:
By Senator Brinson of the 42nd district-
Senate Bill No. 217. A bill to amend the charter of the City of Summerville relative to announcements of candidates for the office of mayor and councilman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

710

JOURNAL OF THE SENATE,

By Mr. Boyd of Greene-
House Bill No. 721. A bill to create a new charter for the City of Greensboro; and for other purposes.
Senator Cloud of the 19th district offered the following amendment, which was adopted:
Amend Section 45 by adding at the end of said section the following:
"Provided, however, that the provisions of this section shall not apply to property assessed for ad valorem taxation by the state revenue commissioner under the provisions of Section 92-5903, of Georgia Code of 1933, and Act No. 296, Extra Session of 1937-1938."
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Mr. Tippins of Wilcox-
House Bill No. 540. A bill to abolish the office of county treasurer of Wilcox county; and for other purposes.
The committee offered the following amendment, which was adopted:
Committee on Counties and County Matters moves to amend House Bill No. 540 by striking Section 1 in its entirety and inserting a new section to be known as Section 1 and reading as follows:
SECTION 1.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the 1st day of July, 1939, the office of county treasurer of Wilcox county, Georgia, shall be abolished" and said office, from and after that date shall cease to exist. Amend House Bill 540 by adding a new section to be known as Section 10 A and reading as follows:
SECTION lOA.
This Act shall have no force and effect until same shall have been submitted to and approved by a majority of the qualified voters of the County of Wilcox, voting at the next general election to be held on the second Wednesday in June, 1938. There shall be printed on the ballots used in said election the following:
"In favor of abolishing the office of county treasurer of Wilcox county."
"Against abolishing the office of county treasurer of Wilcox county."
Should a majority of the qualified voters participating in said election vote in

TUESDAY, MARCH 14, 1939

711

favor of abolishing the office of county treasurer then this Act shall be of full force and effect. If a majority of the qualified voters participating in said election vote against abolishing the office of county treasurer then this Act will be of no force and will be null and void.
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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, IS amended.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Terrell and Blackshear of Hall-
House Bill No. 578. A bill to amend an Act incorporating the Town of Belton, to provide that the mayor and councilmen shall have the power to levy and collect a tax not exceeding one per cent upon all property within the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Ford and Sumner of Worth-
House Bill No. 616. A bill to amend an Act creating a new charter for the City of Sylvester; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ennis of Baldwin-
House Bill No. 626. A bill to authorize the mayor and aldermen to release, grant and convey certain property of the City of Milledgeville to the board of trustees of Georgia Military College; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

712

JOURNAL OF THE SENATE,

By Mr. Boyd of Greene-
House Bill No. 636. A bill to amend an Act to incorporate the City of Union Point, by repealing the present method of holding elections for officers of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Easley of Whitfield-
House Bill No. 644. A bill to amend the charter of the City of Dalton, to abolish road or street duty, to abolish commutation tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Easley of Whitfield-
House Bill No. 645. A bill to repeal an Act incorporating the Town of Tunnel Hill, so as to provide for a referendum approving the repeal of the charter; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Easley of Whitfield-
House Bill No. 646. A bill to amend the charter of the City of Dalton by zoning and planning 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Mr. Thornton of ElbertHouse Bill No. 650. A bill to amend an Act providing a charter for the City of Elberton, so as to authorize the city to contract for and maintain group life, accident or disability insurance upon and for the officers and employees of said city; and for other purposes.

TUESDAY, MARCH 14, 1939

713

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Ansley of LeeHouse Bill No. 670. A bill to amend the charter of Leesburg so as to grant
certain privileges to said town; and for otht'r purposes. The report of the committee, which was favorable to the passage of the bill,
was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Tippins of WilcoxHouse Bill No. 675. A bill to create a board of roads and revenues 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Rawlins of Telfair-
Hause Bill No. 734. A bill to amend an Act creating the office of commissioner of roads and revenues of Telfair county, so as to provide the amount of fees to be charged by the sheriff 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of acting upon a substitute offered by the House:
By Senator Millican of the 52nd district-
Senate Bill No. 4. A bill to regulate the sale, giVIng away or bartering of amytal, verona), luminal or other similar drugs derived from barbital, barbiturates or barbituric acids; and for other purposes.
The House offered the following substitute:

714

JOURNAL OF THE SENATE,

A BILL
To be entitled an Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions, providing for enforcement and penalties for violation thereof;
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. It shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in rhe State of Georgia amytal, luminal, verona!, barbital, acid diethylbarbituric, sulfanilamide, prontylin, neo-prontosil, or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives or compounds or any trade-marked or copyrighted preparation or compound registered in the United States Patent Office containing more than four (4) grains to the avoirdupois or fluid ounce of the above substances, except on a prescription of a duly licensed physician as defined by this Act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. The provisions of this Act shall not apply to the sale at wholesale by recognized drug jobbers or wholesalers and drug manufacturers to pharmacists or drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another.
Section 2. As provided by this Act a "physician" means a person authorized by the laws of this State to practice medicine and any other person authorized by law to treat sick and injured human beings and animals in this State and to use, m1x, prepare, dispense and administer drugs in connection with such treatment.
Section 3. Whenever a pharmacist dispenses a dangerous drug as defined in this Act, he shall in each case place upon the container the following: name of the p~tient, name of the physician prescribing such drug, name and address of the drug store or pharmacy from which such drug was dispensed, together with the date of the prescription.
Section 4. Any physician as defined in this Act when prescribing dangerous drugs as se~ forth in Section 1 of this Act shall in each case give the name and address of the patient, together with complete directions for administering. Any physician as defined in this Act when dispensing dangerous drugs as set forth in Section 1 of this Act shall be required to comply with Section 3 of this Act.
Section 5. Possession and control of dangerous drugs as set forth in Section 1
of this Act shall be legal only if in the original container in which it was dispensed by the pharmacist or the physician and the burden of any exception shall be upon the defendant. No person shall obtain or attempt to obtain any of the dangerous drugs as set forth in Section 1 of this Act by the use of a fictitious name or by the giving of a false address.
Section 6. It is hereby made the duty of all law-enforcement officials to enforce all provisions of this Act.

TUESDAY, MARCH 14, 1939

715

Section 7. Any person violating any provision of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
Section 8. This Act shall be known as the "Dangerous Drug Act."
Section 9. This Act shall become effective June I, 1939.
Section 10. All laws or parts of laws inconsistent herewith are hereby repealed to the extent of such inconsistency.
Senator Millican of the 52nd district moved that the Senate agree to the House substitute, and the motion prevailed.
Senator McGinty of the 43rd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Municipal Government, read the second time and recommitted:
By Mr. Moss of Gordon-
House Bill No. 758. A bill to incorporate the Town of Oakman; and for other purposes.
The consent was granted.
Senator Lindsay of the 34th district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Public Welfare, read the second time, and recommitted:
By Senator Lindsay of the 34th district-
Senate Bill No. 231. A bill to amend the Social Security Act by adding a bureau for deaf mutes to the J?Ublic welfare department; and for other purposes.
The consent was granted.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Durden of the lOth district-
Senate Bill No. 224. A bill to amend an Act to empower the Governor to assign and set over the rentals of the W. & A. Railroad for a period of six years; and for other purposes.
Senator Durden of the lOth district moved to amend by adding a new section to be numbered appropriately, as follows: "Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 31, nays 0.

716

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was pas5ed, as amended.
Senator Durden of the lOth district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senator Kelley of the 30th district-
Senate Bill No. 223. A bill providing for the employment of clerical help for the 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for consideration:
By Senators McCranie of the 48th and Dawson of the 2nd districts-
Senate Bill No. 73. A bill to amend an Act entitled "public assistance to the aged" to provide for uniformity in the payment of pensions; and for other purposes.
Senator Lindsay of the 34th district offered the following amendment, which was adopted :
By adding a new paragraph to read as follows:
"Section 2-DD.
The uniformity of payments herein provided for shall apply to payments where the same do not exceed the sum of five dollars per month and shall not apply where more than five dollars per month."
The committee offered the following amendment, which was adopted:
By striking Section 2-B as it now appears in said bill, relating to the amount of assistance, and inserting in lieu thereof the following:
"Section 2-B. Amount of Assistance. All persons who are eligible for old age assistance shall receive an equal amount of such assistance. The amount which any county shall receive for distribution to persons who have been found to be eligible for old age assistance shall be in the same proportion to the total amount distributed throughout the state as the number of such eligible persons in any county bears to the total number of eligible persons throughout the state of Georgia, and the County Welfare Department, upon receiving said funds, shall distribute the same pro rata to each eligible person in the county."
Senator Ingram of the 51st district called for the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

TUESDAY, MARCH 14, 1939

717

On the passage of the bill, Senator McCranie of the 48th district called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Cail Causey Cochran Cloud Daves Dawson Dorminv

Dunn Estes Fortson Harrell Hass Howe Ingram Kelley Lindsay Manning :\1cCranie McGinty Millican

Voting in the negative was Senator Groover.

Moate New Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Twiggs Williams, 31st Williamson

On the passage of the bill, the ayes were 37, nays 1.

Not voting: Senators Brown, Chastain, Durden, Holt, Jordan, Mavity, Nix, Padgett, Palmour, Redman, Warnell, Williams of the 21st, Moore.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Smith of the 24th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Military Affairs, read the second time, and recommitted:

By Mr. Wohlwender of Muscogee-

House Bill No. 647. A bill to amend Section 30-107 of the code of 1933 to provide that any person who has been a resident of an army post or military reservation in Georgia for one year next preceding the filing of the petition may bring an action for divorce in an adjacent county; and for other purposes.

The consent was granted.

The following minority report was filed, following the reading of the majority report of the Committee on Finance which was unfavorable to the passage of House Bill No. 242, known as the "Chain Store Tax Bill":

Mr. President: We, as members of the Finance Committee, disagree with the report of the

718

JOURNAL OF THE SENATE,

committee on House Bill No. 242 and therefore submit a minority report for the purpose of disagreeing to the majority report.
R. A. Ingram,
T. D. Williams.

Senator Thrasher of the 27th district moved that the Senate agree to the report of the committee, which was unfavorable to the passage of the following bill of the House:

By Messrs. Lanier, Harris and Jones of Richmond, Elliott of Muscogee, Harvey of Upson, and others-

House Bill No. 242. A bill to levy an annual license tax on all persons, firms, corporations, etc., operating two or more mercantile establishments commonly referred to as "chain stores"; and for other purposes.

On the motion to agree, Senator Williams of the 31st called for the ayes and nays, and the call was sustained.

Senator McCranie of the 48th district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.

The Senator voted "aye" and was so recorded.

Senator New of the 25th district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.

The Senator voted "aye" and was so recorded.

Senator Sanders of the 36th district called for the previous question, and the call was sustained.

A roll call was ordered, on the motion to agree to the adverse report, and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Brannen Brinson Brooks Cail Causey Cochran Cloud Dawson Dorminy

Dunn Durden Fortson Harrell Hass Howe Kelley Lindsay Mavity McCranie

Those voting in the negative were Senators:

McGinty Millican Moate New Nix Sears Smith, 12th Thomason Thrasher Twiggs

Boykin Bridges

Brown Daves

Estes Groover

TUESDAY, MARCH 14, 1939

719

Ingram Jordan Manning

Palmour Sanders Smith, 24th

Williams, 21st Williams, 31st Williamson

On the motion to agree, the ayes were 30, nays 15.
Not voting: Senators Holt, Moore, Padgett, Chastain, Redman, Warnell.
By unanimous consent, the verification of the roll call was dispensed with.
The motion to agree to the adverse report of the committee prevailed, and the bill was lost.
Mr. Causey of the 46th district, chairman of the Committee on Public Welfare, submitted the following report:
Mr. President:
Your Committee on Public Welfare have had under copsideration 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. 231. Do pass.

Respectfully submitted, Causey of 46th district, chairman.

The Senate recessed at 12 :30 and reconvened for the regular transaction of business at 1:30 P. M.
Senator Lindsay of the 34th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on General Judiciary No. 1, read the second time, and recommitted:
By Messrs. Candler, Sams and Turner of DeKalb:
House Bill No. 673. A bill to amend the constitution to provide for additional compensation for the treasurer of DeKalb county; and for other purposes.
The consent was granted.
Senator Durden of the lOth district moved that the Senate now go into executive session, and the motion prevailed.
Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following communication was dispatched to His Excellency, the Governor:
(Seal of State of Georgia)
The State Senate
John W. Hammond, Secretary

720

JOURNAL OF THE SENATE,

Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia. l.VIy dear Governor:

Atlanta, March 14th, 1939.

Under the rules governing executive sessions of the Senate I have the honor to report to you that nominations sent to this body were duly confirmed today as follows:

For Judge, City Court of Stephens County:

The Hon. George G. Allen of Toccoa, Stephens county, for unexpired term commencing January 9th, 1939, and ending December 31st, 1940.

For Judge, City Court of Jefferson:

The Hon. W. W. Stark of Jefferson, Jackson county, for unexpired term commencing February 6th, 1939, and continuing to January 1st, 1941.

For Solicitor, City Court of Soperton:

The Hon. Norman G. Reeves, Jr., of Soperton, Treutlen county, for term commencing February 13th, 1939, and continuing to February 13th, 1941.

For Judge, Criminal Court of Fulton County:

The Hon. Jchn S. McClelland of Atlanta, Fulton county, for term commencing March 1st, 1939, and continuing to January 1st, 1941.

For Solicitor, Criminal Court of Fulton County:

The Hon. Bond Almand of Atlanta, Fulton county, for term commencing March 1st, 1939, and continuing to January 1st, 1941.

For Member, State Board of Education:

The Hon. L. L. Patten of Lakeland, Lanier county, for unexpired term of the late S. I. Watson, beginning March 9th, 1939, and continuing to July 1st, 1943.

For Member, State Board of Chiropractic Examiners:

Dr. Burton A. Williams of Atlanta, Fulton county, for term commencing August 29th, 1939, and continuing to August 20th, 1942.

For Solicitor, Brunswick Circuit Superior Courts:

The Hon. W. Glenn Thomas of Jesup, Wayne county, for term commencing January 1st, 1939, and continuing to January 1st, 1941.

TUESDAY, MARCH 14, 1939

721

Each of these nominations was confirmed by a vote of 41 to 0.
Very sincerely yours,
John W. Hammond, Secretary, State Senate.
The following bill of the House was read the third time and put upon its passage:
By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to create a state division of Confederate pensions and records; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend "The Welfare Reorganization Act of 1937" (Georgia Laws 1937, pages 355-370) by striking and repealing Section 19 of said Act, which transfers the supervision of ex-Confederate soldiers and sailors and their dependents and the powers and duties with respect to the payment of pensions from the Director of the Veterans Service Office to the State Department of Public Welfare and the Director by striking and repealing said section and inserting in lieu thereof a new section transferring and vesting such powers and duties in the State Revenue Commissioner; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That Section 19 of the "Welfare Reorganization Act of 1937" (Georgia Laws 1937, pages 355-370), which section transfers the supervision of ex-Confederate soldiers and sailors and dependents and the powers and duties of the Veterans Service Office and the Director of the Veterans Service Office to the State Department of Public Welfare and the director of said department be and the same is hereby repealed in its entirety.
Section 2. There is hereby enacted in lieu of said Section 19 the following new section :
"Section 19. Transfer of Supervision of ex-Confederate Soldiers and Sailors and Dependents. All of those duties which have heretofore devolved upon the Veterans Service Office and the Director of the Veterans Service Office under and by virtue of Title 78, Chapter 78-2 of the 1933 Code of Georgia, having to do with the administration of pensions to ex-Confederate soldiers and sailors and their dependents are hereby removed from the supervision and administration of the Veterans Service Office and are vested in the State Revenue Commissioner and hereafter all of those functions pertaining to such ex-Confederate soldiers and sailors and dependents as provided and prescribed and laid down in Chapter 78-2 of the 1933 Code of Georgia are hereby designated as a part of the duties of the State Department of Revenue, which department is hereby vested with the responsibility of administering all of such functions. The State Revenue Commissioner is hereby substituted for the Director of the Veterans Service Office and Director of the

722

JOURNAL OF THE SENATE,

State Department of Public Welfare in connection with the administration of the duties provided for in Chapter 78-2 of the 1933 Code of Georgia, and wherever a duty devolves upon the ordinaries of the respective counties of the state in said chapter, such duty shall be performed by said ordinary and not by any county director of public welfare."
Section 3. All laws or parts of laws m conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Lindsay of the 34th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
The President asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Educaton, read the second time, and recommitted:
By Senator Thomason of the 28th district-
Senate Bill No. 143. A bill changing the qualifications of members of county boards of education; and for other purposes.
The consent was granted.
The following bill of the House was read the third time and put upon its passage:
By Mr. Jones of PauldingHouse Bill No. 717. A bill creating a new charter for the town of Dallas;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Howe of the 38th district asked unanimous consent to have the bill 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 Durden of the lOth, Harrell of the 7th and Brooks of the 8th districts-
Senate Bill No. 96. A bill providing financial responsibility of motor vehicle owners and operators; and for other purposes.

TUESDAY, MARCH 14, 1939

723

Senator Abbot of the 18th moved that further action on the bill be indefinitely postponed, and the motion prevailed.
Senator Millican of the 52nd district asked unanimous consent to withdraw the following bill from further consideration of the Senate:
By Senator Millican of the 52nd district-
Senate Bill No. 141. A bill prohibiting the use of vehicles for the furtherance of lotteries and gambling; 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 Harrell of the 7th district-
Senate Bill No. 226. A bill to amend the code of 1933, Section 68-402, to place a limitation upon the capacity of motor vehicles transporting inflammable petroleum on the public highways; and for other purposes.
The committee offered the following substitute:
A BILL
To be entitled an Act to amend the Code of 1933 of the State of Georgia, Section 68-402 so as to place a limitation upon the capacity of motor vehicles transporting inflammable petroleum products in bulk on the public highways; and for other purposes.
SECTION 1
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that Section 68-402 of the Code of 1933 fixing load, height, width and speed of motor vehicles be amended by adding at the end of said section the following:
"Provided, however, after July 1, 1939, no vehicle or combination of vehicles used in the transportation of inflammable petroleum liquid products in excess of a capacity of 1,500 gallons shall be operated upon the highways of this state."
SECTION 2
All laws and parts of laws in conflict with this law be and the same are hereby repealed.
Senator Durden of the lOth district moved to amend the substitute to Senate Bill No. 226 by striking from line 8 of Section 1 the words "fifteen hundred" and inserting in lieu thereof the words "two thousand''.
On the adoption of the amendment, Senator Durden of the lOth district called for the ayes and nays, and the call was sustained.

724

JOURNAL OF THE SENATE,

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Brooks Cail Causey Chastain Daves Dawson

Dorminy Durden Howe Kelley Manning Millican

Those voting in the negative were Senators:

Nix Sears Smith, 24th Williams, 31st

Abbot Brannen Bridges Cochran Cloud Estes Fortson Groover

Harrell Hass Ingram McCranie McGinty Moate Palmour Redman

Sanders Smith, 12th Thomason Thrasher Twiggs Williams, 21st Williamson

On the adoption of the amendment, the ayes were 16, nays 23.

Not voting: Senators Brinson, Boykin, Brown, Dunn, Holt, Jordan, Lindsay, Mavity, Moore, New, Padgett, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The amendment was therefore lost.

The substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 28, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Williams of the 31st district moved that the Senate reconsider its action in passing the bill, and the motion was lost, ayes 10, nays 24.

Senator Smith of the 24th district moved that the bill be immediately transmitted to the House, and the motion prevailed.

Senator Redman of the 26th district moved that the Senate do now adjourn, and the motion was lost.

The following resolution of the Senate was read the third time and put upon its passage:
By Senators Smith of the 24th, Cail of the 17th and Daves of the 14th districts-

TUESDAY, MARCH 14, 1939

725

Senate Resolution No. 57. A resolution to establish a state road survey council; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding sentence at end of resolution to read as follows: "Said committee as established in this resolution shaH be dissolved when its report is made to the 1941 session of the General Assembly."
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
Senator Dawson of the 2nd district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.
The Senator voted "aye" and was so recorded.
On the passage of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
Senator Cail of the 17th district asked unanimous consent to have the resolution immediately transmitted to the House, and the consent was granted.
Senator Sanders of the 36th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9:30 o'clock tomorrow morning.

726

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Wednesday, March 15th, 1939.
The Senate met pursuant to adjournment at 9:30 o'clock this day, and was called to order by the President.
Prayer was offered by Rev. W. W. Webb, of Hahira, Georgia, acting as Chaplain.
Senator Harrell of the 7th district asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Sanders of the 36th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Introduction of bills and resolutions.
2. Reports of standing committees, at any time when other business IS not under consideration.
3. Second reading of bills and resolutions favorably reported, following reports of standing committees.
4. First reading of House bills and resolutions.
5. Putting on passage uncontested local Senate and 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 Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requ1s1te constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Beck and Reid of Carroll-
House Bill No. 274. A bill to be entitled an Act proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for other purposes.

WEDNESDAY, MARCH 15, 1939

727

By Messrs. Gowen of Glynn and DeFoor of Mcintosh-
House Bill No. 352. A bill to be entitled an Act to prohibit the taking, buying or selling of spawning crabs during certain months; and for other purposes.
By Mr. Hernd:m of Hart-
House Bill No. 386. A bill to be entitled an Act to amend the "Highway Mileage Act"; and for other purposes.
By Mr. Bell of Grady-
House Bill No. 404. A bill to be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 473. A bill to be entitled an Act to provide that in Fulton county the various officials may name a chief deputy; and for other purposes.
By Mr. Griffin of Wilkes-
House Bill No. 576. A bill to be entitled an Act to amend an Act regulating the trapping of fur-bearing animals in certain counties; and for other purposes.
By Mr. Branch of Tift-
House Bill No. 623. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for other purposes.
By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 624. A bill to be entitled an Act to grant to the trustees of Georgia Military College a certain tract of land; and for other purposes.
By Mr. Graham of Brooks-
House Bill No. 638. A bill to be entitled an Act to prohibit goats from running at large in counties of a certain population; and for other purposes.
By Messrs. Barlow and Parker of ColquittHouse Bill No. 651. A bill to be entitled an Act to prohibit goats from running
at large in counties of a certain population; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of FultonHouse Bill No. 653. A bill to be entitled an Act to amend the charter of the
city of East Point; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalbHouse Bill No. 674. A bill to be entitled an Act glVlng the commissioner of
roads and revenues in counties of a certain population authority to pass zoning and planning laws; and for other purposes.

728

JOURNAL OF THE SENATE,

By Mr. Bynum of Rabun, Carmichael of Cobb, and others-
House Bill No. 693. A bill to be entitled an Act to bestow the name of Bleckley upon a mountain in Rabun county; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 720. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 728. A bill to be entitled an Act to provide the mannt>r of compensation of justices and notaries in criminal cases in counties of a certain population; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 755. A bill to be entitled an Act to repeal the Act creating the city court of Douglas; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 766. A bill to be entitled an Act to provide for a retirement fund for teachers in the schools in counties of a certain population; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 767. A bill to be entitled an Act to provide for civil service for teachers in counties of a certain population; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 774. A bill to be entitled an Act to provide that in any city the governing authorities may take over control of any hospital; and for other purposes.
By Mr. Carmichael of Cobb-
House Bill No. 789. A bill to be entitled an Act to amend an Act creating a new charter for the city of Jackson; and for other purposes.
By Messrs. ]. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 802. A bill to be entitled an Act to amend the charter of the city of Milledgeville; and for other purposes.
By Messrs. Lanham, Davis and Rogers of FloydHouse Bill No. 807. A bill to be entitled an Act to amend the charter of the
city of Rome; and for other purposes.
By Mrs. Mankin, and Messrs. Etheridge and Kendrick of Fulton-

WEDNESDAY, MARCH 15, 1939

729

House Bill No. 811. A bill to be entitled an Act to amend the charter of the city of Atlanta; and for other purposes.
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Resolution No. 93-361 C. A resolution to furnish certain appellate court reports to the city court of Macon; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Redman of the 26th district-
Senate Bill No. 51. A bill to be entitled an Act to provide for holding four terms a year of Butts superior court; and for other purposes.
By Senator Sanders of the 36th district-
Senate Bill No. 86. A bill to be entitled an Act to change the names of George Malcom Smith and Herbert Watson Smith; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 107. A bill to be entitled an Act to amend an Act creating a civil service board in cities of a certain population; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 108. A bill to be entitled an Act to provide that counties of a certain population shall furnish aid and pensions to regular members of the county police force; and for other purposes.
By Senator Dorminy of the 45th district-
Senate Bill No. 133. A bill to be entitled an Act fixing the manner of selecting members of county boards of education in certain counties; and for other purposes.
By Senator Warnell of the 1st district-
Senate Bill No. 151. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the city of Savannah to incur an additional bonded indebtedness; and for other purposes.
By Senator Millican of the 52nd districtSenate Bill No. 170. A bill to be entitled an Act to provide for a budget for
all counties of this state of a certain population; and for other purposes.
By Senator Millican of the 52nd district-

730

JOURNAL OF THE SENATE,

Senate Bill No. 173. A bill to be entitled an Act to provide a pension for members of the police departments in cities having a certain population; and for other purposes.
By Senator Dawson of the 2nd district-
Senate Bill No. 175. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the Willie consolidated school district to incur a bonded indebtedness; and for other purposes.
By Senator Abbot of the 18th district-
Senate Bill No. 209. A bill to be entitled an Act to amend the charter of the city of Augusta; and for other purposes.
By Senator Groover of the 37th district-
Senate Bill No. 216. A bill to be entitled an Act to amend the Act creating the office of tax commissioner of Troup county; 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 Millican of the 52nd district-
Senate Bill No. 62. A bill to be entitled an Act to amend an Act approved August 20, 1927, as amended; and for other purposes.
The House has agreed to Senate amendments 1 to 11, inclusive, and disagreed to Senate amendment No. 12 to the following bill of the House, to-wit:
By Messrs. Lanier, Harris and Jones of Richmond, Kendrick of Fulton, and MeN all of Chatham-
House Bill No. 49. A bill to be entitled an Act to amend an Act known as "Unemployment Compensation Law"; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Messrs. Parker and Barlow of Colquitt and Carmichael of Cobb-
House Bill No. 136. A bill to be entitled an Act to amend Section 42-102 of the code of 1933 relating to the appointment of a chief drug inspector; and for other purposes.
By Messrs. Gross of Stephens, Clements of Wheeler, Trippe of Polk and Morgan of Trocp-
House Bill No. 218. A bill to be entitled an Act to amend an Act to create a department of safety for the state of Georgia; and for other purposes.
By Messrs. Harris of Richmond and Parker of Colquitt-

WEDNESDAY, MARCH: 15, 1939

731

House Bill No. 280. A bill to be entitled an Act to define and provide for the transfer of shares of stock and certificates; and for other purposes.
By Messrs. Sartain and Kelley of Walker-
House Bill No. 617. A bill to be entitled an Act to amend the charter of the city of Rossville; and for other purposes.
The Ho)Jse has agreed to the Senate amendments to the following bills of the hoJJse, to-wit:
By Mr. Pannell of Murray-
House Bill No. 614. A bill to be entitled an Act to create the office of tax commissioner of Murray county; and for other purposes.
By Mr. Pannell of Murray-
House Bill No. 622. A bill to be entitled an Act to fix the salaries of the members of the board of roads and revenues of Murray county; and for other purposes.
By Mr. Boyd of Greene:
House Bill No. 721. A bill to be entitled an Act to create a new charter for the city of Greensboro; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Senator Howe of the 38th district-
Senate Resolution No. 36. A resolution authorizing the state librarian to supply certain appellate court reports to Haralson county; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Swindl~ of Berrien-
House Bill No. 309. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for other purposes.
By Messrs. Reid and Beck of Carroll-
House Bill No. 474. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the town of Bowdon; and for other purposes.

732

JOURNAL OF THE SENATE,

By Messrs. Marion Ennis and J. H. Ennis of Baldwin-
House Bill No. 698. A bill to be entitled an Act to provide for the sale of surplus products of institutions under the control and supervision of the state department of public welfare; and for other purposes.
By 1\:ir. Swindle of Berrien-
House Bill No. 727. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph I, of the constitution so as to authorize the city of Ray City; and for other purposes.
By Messrs. McGraw and H~tchett of Meriwether-.
House Bill No. 783. A bill to be entitled an Act providing for the holding of four terms of the superior court ot Meriwether county; and for other purposes.
By Mr. Rossee of Putnam-
House Bill No. 787. A bill to be entitled an Act creating the office of tax commissioner of Putnam county; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 800. A bill to be entitled an Act creating the office of tax collector of Coffee county; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 801. A bill to be entitled an Act to repeal an Act repealing the Act creating the office of tax commissioner of Coffee county; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 805. A bill to be entitled an Act repealing the Act creating the office of tax receiver of Coffee county; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to be entitled an Act to amend the charter of the city of Augusta; and for other purposes.
By Messrs. Goddard and Purdy of Spalding
House Resolution No. 55-24 A. A resolution authorizing the state librarian to furnish. certain appellate court reports to the clerk of the superior court of Spalding county; and for other purposes.
By Mr. Forrester of DadeHouse Resolution No. 60-259 A. A resolution authorizing the state librarian
to furnish certain law books to Dade county; and for othe.r purposes.
By Messrs. Allison and Pharr of Gwinnett-

WEDNESDAY; MARCH 15, 1939

733

House Resolution No. 128-480 A. A resolution to provide certain volumes of the Appellate Court Reports to Gwinnett county; and for other purposes.

By Messrs. Simmons and Mills of Decatur-

House Resolution No. 142-533 B. A resolution authorizing the state librarian to furnish certain Appellate Court Reports to the county of Decatur; and for other purposes.

By Mr. Clark of Catoosa-

House Resolution No. 171-740 A. A resolution authorizing the state librarian to furnish certain law books to C.a:oosa county; and for other purposes.

By Messrs. Hatchett and McGraw of Meriwether-

Hause Resolution No. 177-779 A. A resolution proposing to the qualified voters

an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for

other purposes.

.

.

By Messrs. Allison of Gwinnett, Bynum of Rabun, Bruce of Troup, and Lanham of Floyd-
House Bill No. 258. A bill to be entitled an Act to define title insurance; and for other purposes.
By Messrs. Lewis and Wells of Burke-:-

House Bill No. 276. A bill to be entitled an .Act to prohibit dealers m junk from trespassing to solicit the purchase of junk; .and for other purposes.

By Mr. Hinson of Jeff Davis-
House Bill No. 334. A bill to be entitled an Act to change the time of holding the superior court of Jeff Davis county; and for other Pl!r~oses.

By Mr. Henderson of Irwin-

House Bill No. 420. A bill to be entitled an Act to propose to -the .qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution; and for other purposes.
By Mr. Easley of Whitfield-

House Bill No. 768. A bill to be entitled an Act to incorporate the town of Twin Lakes; and for other purposes.

By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 186-807 A. A resolution authorizing the' state librarian to furnish to the superior court of Floyd county certain law books; and for other purposes.
The following bills of the House were read the first time and referred to committees:

734

JOURNAL OF THE SENATE,

By Messrs. Allison of Gwinnett, Bynum of Rabun, Bruce of Troup, and Lanham of Floyd-
House Bill No. 258. A bill to define title insurance and provide method for licensing and regulation of the business of title insurance; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Beck and Reid of Carroll-
House Bill No. 274. A bill proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution, to authorize the city of Carrollton to incur additional bonded indebtedness, and to issue refunding bonds; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Lewis and Wells of Burke-
House Bill No. 276. A bill to prohibit dealers in junk from trespassing to solicit the purchase of junk without the written permission of the owner of the land; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Swindle of Berrien-
House Bill No. 309. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the city of Nashville, Berrien county, to incur a bonded indebtedn~ss to refund and pay off outstanding bonds due; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Gowen of Glynn and DeFoor of Mcintosh-
House Bill No. 352. A bill to prohibit the taking, buying, selling or possessing of spawning crabs during certain months; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Hinson of Jeff Davis-
House Bill No. 334. A bill to amend an Act entitled "An Act to lay off and organize a new county out of portions of Appling and Coffee counties"; by changing the time of holding superior court in Jeff Davis county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Herndon of Hart-
House Bill No. 386. A bill to amend an Act "Highway Mileage" by adding a road to Hart county; and for other purposes.
Referred to Committee on Highways and Public Roads.

WEDNESDAY, MARCH 15, 1939

735

By Mr. Bell of Grady-
House Bill No. 404. A bill to propose an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to .authorize Grady county by vote of fiscal authority to issue certain bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Henderson of Irwin-
House Bill No. 420. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the city of Ocilla to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 473. A bill entitled an Act enabling an Act to provide that in Fulton county various county officials may name a chief deputy who would succeed such officials in office if a vacancy should occur; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Beck and Reid of Carroll-
House Bill No. 474. A bill to propose to the qualified voters .an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the town of Bowdon to refund an additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Griffin of Wilkes-
House Bill No. 576. A bill to amend an Act approved March 12, 1935, regulating the trapping of predatory fur-bearing animals in counties of a certain population; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Branch of Tift-
House Bill No. 623. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to increase bonded indebtedness of Tift county; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. ]. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 624. A bill to give and grant board of trustees of Georgia Military College certain land which constitutes part of old Capitol Square in the city of Milledgeville; and for other purposes.

736

JOURNAL OF THE SENATE,

Referred to Committee on Education and Public Schools.

By Mr. Graham of Brooks-

House Bill No. 638. A bill to prohibit goats from running at large in counties of state having a certain population; and for other purposes.

Referred to Committee on Game and Fish.

By Messrs. Barlow and Parker of Colquitt-

House Bill No. 651. A bill to prohibit goats from running at large in counties having a population of not less than 30,622 and not more than 30,652; and for other purposes.

Referred to Committee on Game and Fish.

By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-

House Bill No. 653. A bill to amend the charter of East Point in the county of Fulton; and for other purposes.

Referred to Committee on Municipal Government.

By Messrs. Candler, Sams and Turner of DeKalb-

House Bill No. 674. A bill granting commissioners of roads and revenues In counties having a population of not less than 70,000 and not more than 71,000 authority to adopt and enforce zoning ordinances in territories outside of municipal areas; and for other purposes.

Referred to Committee on Counties and County :Matters.

By Messrs. Bynum of Rabun, Carmichael of Cobb, Grice of Bibb, and others-

House Bill No. 693. A bill to bestow the name of Bleckley upon the mountain in Rabun county generally known as Screamer Mountain; and for other purposes.

Referred to Committee on Public Property.

By Messrs. Marion Ennis and J. H. Ennis of Baldwin~

House Bill No. 698. A bill to provide for the sale of surplus products of insti-

tutions under control and supervision of the state department of welfare; so as to

provide for the disposition of funds from pay patients at the Milledgeville state hos-

pital; and for other purposes.



Referred to Committee on Public Welfare.

By Mr. Kennedy of Tattnall-

House Bill No. 720. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the Reidsville school district to incur an additional bonded indebtedness; and for
other purposes.

WEDNESDAY, MARCH 15, 1939

737

Referred to Committee on Amendments to Constitution.
By Mr. Swindle of Berrien-
House Bill No. 727. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the city of Ray City to incur an additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Evans of McDuffie-
House Bill No. 728. A bill to provide the manner in which justices of the peace and notaries public ex-officio justices of the peace shall be compensated in criminal cases in counties having a population of from 9,010 to 9,020; and for other purposes.
Referred to Committee on Uniform Laws.
By Mr. Sapp of Coffee-
House Bill No. 755. A bill to repeal an Act entitled "An Act to establish the City court of Douglas in Coffee county"; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 766. A bill to provide for a retirement fund for teachers and other employees in county school systems in counties having a population of not less than 70,000 and not more than 72,000 according to the 1930 census; and for other purposes.
Referred to Committee on Pensions.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 767. A bill to provide for civil service for teachers and other employees of the county school systems in counties having a population of not less than 70,000 and not more than 73,000 according to the 1930 census; and for other purposes.
Referred to Committee on Pensions.
By Mr. Easley of Whitfield-
House Bill No. 768. A bill to incorporate the town of Twin Lakes in Whitfield county; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 774. A bill to provide that m any city in the state having a

738

JOURNAL OF THE SENATE,

certain population the governing authorities may take over in any manner the operation and maintenance of any hospital now in existence in said city; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. McGraw and Hatchett of Meriwether-
Hause Bill No. 783. A bill providing for the holding of four terms of the superior court of Meriwether county; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Rossee of Putnam-
House Bill No. 787. A bill to abolish the offices of tax receiver and tax collector of Putnam county; to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Carmichael of Butts-
House Bill No. 789. A bill to amend an Act creating a new charter for the city of Jackson; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Sapp of Coffee-
House Bill No. 800. A bill to repeal an Act (Georgia Laws 1937, pages 130102) creating the office of tax collector of Coffee county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Sapp of Coffee-
House Bill No. 801. A bill to repeal an Act providing for the repeal of an Act creating the office of tax commissioner of Coffee county; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 802. A bill to amend an Act establishing a new charter for the city of Milledgeville approved December 15, 1900, and the several Acts amendatory thereof ; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Sapp of Coffee-
House Bill No. 805. A bill to repeal an Act (Georgia Laws 1937, pages 130203) creating the office of tax receiver of Coffee county; and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, MARCH 15, 1939

739

By Messrs. Lanham, Davis and Rogers of Floyd-
House Bill No. 807. A bill to amend "An Act creating a new charter of municipal government for the city of Rome"; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to amend Acts 1931, pages 686-691 to provide that the city council of Augusta may delegate to the city planning commission power and authority to permit exceptions to and variations from the zoning regulations; and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 811. A bill to amend an Act establishing a new charter for the city of Atlanta, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.
The following resolutions of the House were read the first time and referred to committees:
By Messrs. Goddard and Purdy of Spalding-
House Resolution No. 55-24 A. A resolution authorizing the state librarian to furnish the clerk of the superior court of Spalding county certain volumes of the Georgia supreme court and Georgia court of appeals; and for other purposes.
Referred to Committee on Public Library.
By Mr. Forrester of Dade-
House Resoiution No. 60-259 A. A resolution directing the state librarian to furnish certain books to Dade county; and for other purposes.
Referred to Committee on Public Library.
:By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Resolution No. 93-361 C. A resolution to furnish certain supreme court reports and court of appeals reports to the city of Macon; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Allison and Pharr of GwinnettHouse Resolution No. 128-480 A. A resolution to provide certain volumes of
the supreme and court of appeals reports to Gwinnett county; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Simmons and Mills of Decatur-

740

JOURNAL OF THE SENATE,

House Resolution No. 142-533 B. A resolution authorizing the state librarian to furnish certain appellate court reports to the county of Decatur; and for other purposes.
Referred to Committee on Public Library.
By Mr. Clark llf CatoosaHouse Resolution No. 171-740 A. A resolution authorizing the state librarian
to furnish certain law books to Catoosa county; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Hatchett and McGraw of MeriwetherHause Resolution No. 177-779 A. A resolution to propose to the qualified
voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the city of Greenville to incur a bonded. indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Lanham, Davis and Rogers of FloydHouse Resolution No. 186-807 A. A resolution authorizing the state librarian
to furnish certain missing court reports for the use of the judge of the superior court of Floyd county and the members of the bar; and for other purposes.
Referred to Committee on Public Library.
By Mr. Cook of ChattoogaHouse Resolution No. 197. A resoiution urging the state of Georgia to move
the old locomotive "General" from Chattanooga, Tennessee, to Kennesaw, Georgia; and for other purposes.
Read and adopted.
Mr. Manning of the 39th 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. 758. Do pass.
House Bill No. 669. Do pass.
House Bill No. 782. Do pass.
House Bill No. 780. Do pass. House Bill l'<o. 750. Do pass, as amended.

WEDNESDAY, MARCH 15, 1939

741

House Bill No. 795. Do pass. Senate Bill No. 235. Do pass. Senate Bill No. 232. Do pass.
Respectfully submitted, Manning of 39th district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr: President: Your Committee on Special Judiciary have had under consideration the follow-
ing bills of the House and have instructed me, as chairman, to report the same hack to the Senate with the following recommendations:
House Bill No. 657. Do pass.
House Bill No. 225. Do pass.
House Bill No. 232. Do pass.
House Bill No. 342. Do pass. Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Harrell of the 7th 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. 621. Do pass. Respectfully submitted, Harrell of 7th district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to Constitution have had under consideration
the following bill of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 359. Do pass. Respectfully submitted, Abbot of 18th district, chairman.

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JOURNAL OF THE SENATE,

The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Warnell of the lst district-
Senate Bill No. 232. A bill to amend the several Acts relating to and incorporating the town of Thunderbolt, so as to define and extend its corporate limits; and for other purposes.
By Senator Spivey of the 16th district-
Senate Bill No. 235. A bill to amend an Act (Georgia Laws of 1900, pages 427438) and all Acts amendatory thereof so as to provide for the establishment of a recorder's court in and for the city of Swainsboro; and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:
By Messrs. Goddard and Purdy of Spalding-
House Bill No. 225. A bill requiring a deposit of $10.00 by the plaintiff in divorce cases filed in superior court in counties with a population between 23,400 and 24,400; and for other purposes.
By Messrs. Goddard and Purdy of Spalding-
House Bill No. 232. A bill to fix the amount of costs to be charged and collected by the clerks of the superior courts and city courts in criminal cases that are dismissed or nolle prossed; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 342. A bill to add an additional judge of the superior court for the Atlanta circuit; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 359. A bill to amend Paragraph 2. Section 6, of Article 7, of the constitution of Georgia, so as to authorize the enactment of laws creating a civil service commission for Fulton county; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 657. A bill to provide for holding three terms of superior court a year in Wilcox county; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 669. A bill to amend an Act incorporating the city of Hapeville; and for other purposes.
By Messrs. Swindle of Berrien and Claxton of Johnson-
House Bill No. 690. A bill to authorize the state highway department to

WEDNESDAY, MARCH 15, 1939

743

expend state aid road funds upon any rural or post roads of the state not on the state highway road system; and for other purposes.
By Messrs. Carmichael of Cobb, Culpepper of Fayette, Lanier of Richmond and Rees of Webster-
House Bill No. 621. A bill to establish a department of purchase for the state; to provide for a supervisor of purchases; and for other purposes.
By Mr. Barrett of Cherokee-
House Bill No. 750. A bill to reincorporate the town of Woodstock, m the county of Cherokee; repeal the present charter; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to amend the charter of the town of Abbeville; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 782. A bill to amend an Act creating a new charter for the city of Decatur approved August 17th, 1909, by providing for certain fees to be paid city commissioners and members of board of education; and for other purposes.
By Mr. Rawlins of Telfair-
House Bill No. 795. A bill to create and incorporate the city of Jacksonville, m Telfair 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 Jordan of the 15th district-
Senate Bill No. 227. A bill to abolish the offices of tax collector and tax receiver of Wheeler county and create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Estes of the 35th district-
Senate Bill No. 229. A bill to amend the highway mileage Act by adding a certain road in DeKalb county 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, nays 0.

744

JOURNAL OF THE SENATE,

The. bill, having nceived the requisite constitutional majority, was passed.
By Mr. Culpepper of Fayette-
House Bill No. 744. A bill to amen.d an Act incorporating the town of Tyrone; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Howard of Long-
House. Bill No. 687. A bill amending an Act creating a board of commissioners of roads and revt:nues for Long county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wiggins of DodgeHouse Bill No. 664. A bill to amend an Act to abolish tht" office of treasurer
of Dodge county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Yawn and Wiggins of Dodge-House Bill No. 71 l. A bill to amend an Act regulating the holding of primary
elections in Dodge county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Gowen of Glynn, Ferguson of Camden, and othersHouse Bill No. 354. A bill to amend Sections 45-308 and 45-310 of the Code
of 1933 relative to open hunting season in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 15, 1939

745

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Cail of the 17th district moved that the Senate reconsider its action in having passed the above bill, and the motion prevailed.
The following resolution of the Senate was read and adopted:
By Senator Causey of the 46th district-
Senate Resolution No. 65. A resolution urging Georgia members of the national Congress to make a survey of the old age pension subject; and for other purposes.
The following bills of the House and Senate were read the third time and put upon their passage:
By Messrs. Tipton and Scott of Thomas-
House Bill No. 486. A bill to provide for four terms a year of the superior court of Thomas 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Scott and Tipton of Thomas:
House Bill No. 672. A bill to authorize the city of Thomasville to create a city authority; and for other purposes.
The committee offered a substitute for the bill.
Senator Harrell of the 7th district moved to amend the substitute for House Bill No. 672 by adding to the caption thereof after the word "plants" in line 9 of the caption the word "airports" and by amending Subsection B of Section 3 of the Act by adding at the end of the said Subsection B the following words and figures:
"(III) used or useful in connection with the construction and maintenance of airports."
The amendment was adopted.
The substtute, as amended, read as follows:
A BILL
A bill to be entitled an Act to amend an Act approved October 3, 1889, re-incorporating the Town of Thomasville as the City of Thomasville and creating and establishing a new Charter for the City of Thomasville, as variously amended, by creating for said City of Thomasville, a City Authority; to define the powers of said City Authority and prescribe its members; to authorize said City Authority

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JOURNAL OF THE SENATE,

to construct, reconstruct, operate and maintain self-liquidating projects embracing water works, sewage systems, disposal plants, airports and other relating facilities; to authorize the issuance of revenue bonds or the City Authority, payable solely from earnings and revenues, to pay the cost of such projects; providing for the collection and pledging of revenues and other charges for the sale of such bonds and for the cost of maintenance, operation and repair of the projects; to authorize the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders thereof; to provide that no debt of the City of Thomasville shall be incurred in the exercise of any of the powers granted by this Act and authorized by this Act; making such bonds legal investments and free of taxation, providing for condemnation by said City Authority; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to the provisions of this Act and the time within which such actions must be brought; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
That the Act of the General Assembly of Georgia, approved October 3, 1889, entitled "An Act to re-incorporate the Town of Thomasville as the City of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Thomasville, and grant a new charter to said Town under the name of the City of Thomasville, and for other purposes;" as variously amended, be and the same is hereby further amended as follows:
SECTION 2.
There is hereby created for the City of Thomasville a City Authority of the City of Thomasville, which is hereby constituted a body corporate and politic and by that name and in that style is authorized and empowered to contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Said City Authority shall be and the same is hereby constituted a governmental instrumentality of the City of Thomasville and made a public corporation of the State of Georgia. The said City Authority shall consist of three (3) members to be appointed by the Mayor of the City of Thomasville, each of whom shall be a resident of the City of Thomasville at the time of his appointment. The original appointments shall be made in such manner that the term of one member shall expire on January 1, 1940, the term of another member shall expire on January 1, 1941, and the term of the remaining member shall expire on January 1, 1942. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum.

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747

No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper.

SECTION 3.
Definitions. As used in this Act, the following words and terms shall have the following meanings :
(a) The word "Authority" shall mean the City Authority created by Section 2 of this Act.
(b) The word "project" shall be deemed to include the following revenueproducing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems. plants, works, instrumentalities, and properties: ( i) used or useful in connection with the obtaining of a water supply and the conversation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment (iii) used or useful in connection with the construction and maintenance of airports.
(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(d) Any project shall be deemed "self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project.

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SECTION 4.
Powers of Authority. The Authority shall have power:
( 1) to have a seal and alter the same at pleasure;
(2) to acquire, hold and dispose of personal property for its corporation purposes;
(3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, actio'l or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct or reconstruct any project on lands the title to which shall then be in the City of Thomasville, the Mayor is hereby authorized to convey, for and in behalf of the City, title to such lands to the Authority upon payment to the City Treasurer the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Mayor and the Chairman of the Authority;
(4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation;
(5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the State are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable;
(6) to construct, reconstruct, erect, acquire, own, repair, add to, remodel, maintain, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of th(" Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
(7) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thenof, including the Reconstruction Finance Corporation, upon such terms and conditions

WEDNESDAY, MARCH 15, 1939

749

as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(9) to exercise any power usually possessed by private corporations performing similar functions, which is in conflict with the Constitution and Laws of this State; and
( 10) to do all things necessary or convenient to carry out the powers expressly
given in this Act.
SECTION 5.
Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of ne;;otiable revenue bonds of the Authority for the purpose of payine; all or any part of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the spl"cial fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, shall mature at such time or times not exceeding thirty rears from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may he made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provision for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be

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JOURNAL OF THE SENATE,

made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of mterest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned mav provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the descretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
SECTION 6.
Credit of City Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Thomasville or a pledge of the faith and credit of the City, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the City nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this Section.

WEDNESDAY, MARCH 15, 1939

751

SECTION 7.
Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 8.
Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the l;onds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the law of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indenture securing bonds and debentures of corporations. In addition to the foregoing, such trust indentuu may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture.
SECTION 9.
Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect

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JOURNAL OF THE SENATE,

the same and to lease and to make contracts with any Agency or Department of the State with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, ( 1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and ( 4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be ::lfovided in the resolution authorizingthe issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
Subject to the provisiOns of the resolution authorizing the issuance of the revenue bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. Ail revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and t~ impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives.

SECTION 10.
Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may,

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753

either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the City to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the City, nor shall any such bond constitute a charge, lien er encumbrance, legal or equitable, upon any property of the City of Thomasville.
In addition to the remedies afforded by this Section and otherwise by this Act, the holder of any such bonds shall be entitled to and may pursue all of the remedies afforded to holders of revenue certificates issued pursuant to the Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Certificate Law.
SECTION 11.
Contributions. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earning5 derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
SECTION 12.
Revenue Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenu~ refunding bonds, the maturities and all other details, thereof, the rights of the holder thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable.
SECTION 13.
Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest

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JOURNAL OF THE SENATE,

in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

SECTION 14.
Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the City of Thomasville and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the City of Thomasville covenants with holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the said City of Thomasville.
SECTION 15.
Validation of Revenue Bonds. All revenue bonds issued under this Act shall be validated in the Superior Court in the manner hereinafter set forth.

SECTION 16.
Notice to Solicitor-General or Attorney-Gener<Jl. When the City Authority, hereby created, desires to issue revenue bonds under the provisions of this Act, the Chairman and Secretary of the Authority shall within six months after the passage of the resolution authorizing such bonds notify the Solicitor-General of the Southern Judicial Circuit, in writing, of the fact that such resolution has been passed by the governing body and of the intention of said Authority to issue said bonds. The service of notice shall be personal upon the Solicitor-General and shall be accompanied by a certified copy of the resolution of the City Authority authorizing the bonds. In the event the Solictor-General is absent from the circuit the notice shall be served in person upon the Attorney-General.

SECTION 17.
Duty of Attorney-General or Solicitor-General to file petition: Order of Court: Answer. Within twenty days from the date of service of notice, provided for in the preceding Section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the Clerk of the Superior Court of Thomas County a petition directed to the Superior Court of ~aid County in the name of the State and against the City Authority, setting forth service of such

WEDNESDAY, MARCH 15, 1939

755

notice, the amount of bonds to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest' is to he paid annually, when to be paid in full and the security to be pledged to the payment of said bonds; and shall obtain from the Judge of said Court an order requiring the City Authority by its proper officers to show cause at such time and place either in term or chambers within twenty days from the filing of the petition, as the Judge may direct, why the bonds and the security for the payment thereof should not be confirmed and validated; which petition and order shall be served in the manner now provided by law for service of petitions upon counties, municipalities or political subdivisions; and to such petition the City Authority shall make sworn answer within the time prescribed herein.
SECTION 18.
Notice of Hearing. Prior to the hearing of said cause, the Clerk of Superior Court of Thomas County shall publish in a newspaper at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same \\;ill be heard.
SECTION 19.
Trial of Case: Parties: Judgment,- Bill of Exceptions. Within the time prescribed in the order, the Judge of said Superior Court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident of the City of Thomasville, may become a party to said pro_ceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, and the security therefor, may except thereto within twenty days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases.

SECTION 20.
Judgment Validating Forever Conclusive. In the event no bill of exceptions shall be filed within the time prescribed herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall he forever conclusive upon the validity of said bonds and the security therefor against th~ City Authority and all persons whomsoever.
SECTION 21.
How Bonds shall be Stamped. Bonds, when issued under the provision of this Act shall have stamped or written thereon, by the proper officers of the City Authority issuing the same, or their agents or 5ervants, the words: "Validated and confirmed by judgment of the Superior Court," specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be

756

JOURNAL OF THE SENATE,

signed by the Clerk of the Superior Court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall i>e received as original evidence in any court in this State.
SECTION 22.
Costs and Fee of Solicitor-General, By Whom Paid. The cost of said case shall be paid in any event by the City Authority, and in addition to costs it shall also pay the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such case.
SECTION 23.
Failure of Solicitor-General or Attorney-General to File Proceedings: Order of Court. In the event the Solicitor-General or the Attorney-General shall fail or refuse to present said petition within the time provided by this Act, it shall be competent for the City Authority to present such facts in writing to the Court, and to represent further that such failure has been without fault on the part of the City Authority. In such case it shall be the duty of the court, and he shall have power and authority to inquire into the fact and, upon being satisfied that such failure has not arisen from any fault o~ neglect on the part of such City Authority, to pass an order authorizing and directing the Solicitor-General or Attorney-General, as the case may be, to proceed within ten days to file the petition authorized by this Act, and thereafter the proceedings shall be heard in the same manner as would have been followed had such petition been duly and promptly filed in the . first instance.
Where proceedings are had as provided in this Section and a judgment validating such bonds and the security therefor is entered, the same shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been originally taken as provided in this Act, and in such event the judgment of validation shall be finally and completely conclusive in like manner as provided by Section 20 of this Act.
SECTION 24.
Powers Not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not he diminished or impaired in any manner that wilt affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be crt'ated which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the City of Thomasville itself so compete with the Authority. The provisions of this Act shall be for the benefit of the City of Thomasville, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

WEDNESDAY, MARCH 15, 1939

757

SECTION 25.
Act Liberally Construed. This Act, being necessary for the welfare of a subdivision of the State and its inhabitants, shall be. liberally construed to effect th~ purposes hereof.
SECTION 26.
Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 27.
Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shail be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 28.
Repealing Clause. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted as amended.
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
By Senators Manning of the 39th and Spivey of the 16th districts-
Senate Bill No. 210. A bill to promote the public health and general welfare by prohibiting so-called "endurance contests"; and for other purposes.
The report of the committee, which was favorable to' the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:
By Mr. Carmichael of Cobb-
House Resolution No. 197. A resolution to urge the state of Georgia to move the old locomotive "General" from Chattanooga, Tennessee, to Kennesaw, Georgia; and for other purposes.

758

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of acting upon an amendment offered by the House:
By Senator Millican of the 52nd district-
Senate Bill No. 62. A bill to amend an Act providing for pensions in counties of certain population; and for other purposes.
The House offered the following amendments:
Mrs. Mankin of Fulton moves to amend Senate Bill No. 62 as follows:
By striking the words "April 1st" where same appears in the caption of the bill and insertin~ in lieu thereof the words "June 1st".
By striking the words "April 1st" from the second line of Section 5 and inserting
in lieu thereof the words "June lst".
Senator Millican of the 52nd district moved that the Senate agree to the House amendments, and the motion prevailed.
The followir.g bills and resolutions of the Senate and House were read the third time and put upon their passage.:
By Senator Lindsay of the 34th districtSenate Bill No. 231. A bill to create in the state department of public welfare
a division for deaf mutes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Messrs. Gowen of Glynn, Ferguson of Camden, and othersHouse Bill No. 354. A bill to amend the code of 1933 to provide for open
hunting season in certain counties in Georgia; and for other purposes.
Senator Dorminy of the 45th district moved to amend the bill by adding in the fourth line between the words "Chatham" and "Bryan" the words "Ben Hill"; to further amend Section 2 in the fifth line of the printed bill between the words "Chatham" and "Bryan" the words "Ben Hill"; to further amend the second paragraph of Section 2, fifth line, by adding between the words "Chatham" and "Bryan" the words "Ben Hill".
The amendment was adopted.
Senator Cail of the 17th district offered the following amendment, which was adopted :

WEDNESDAY, MARCH 15, 1939

759

By striking the word "Screven" from Section 1, Paragraph 1, line six and Section 1, Paragraph 2, line four, Section 2, Paragraph 1, line six, Section 2, Paragraph 2, line six, and adding after the word "follows", Section 1, line 12, the following:
"Provided that it shall be lawful to hunt deer from August 15th to January 5th, inclusive, in the County of Screven, and provided that the carrying of a shotgun in fields, woods or swamps between March 2nd and August 14th, inclusive, shall be evidence of guilt of violating the provisions of this Act, and punishable as for a misdemeanor in the County of Screven."
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, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cail of the 17th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
Senator Harrell of the 7th district asked unanimous consent to withdraw the following bill from further consideration of the Senate:
By Senator Harrell of the 7th district-
Senate Bill No. 194. A bill to amend the "Welfare Reorganization Act of 1937"; and for other purposes.
The consent was granted.
The following bills of the House and Senate were read the third time and put upon their passage:
By Messrs. Thigpen of Evans, Kennedy of Tattnall and Smiley of Liberty-
House Bill No. 301. A bill to amend the highway mileage Act to add a certain road in Evans and Liberty counties 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Redman of the 26th district-
Senate Bill No. 220. A bill to amend an Act relative to the commutation of terms of convicts for good behavior; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

760

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Millican of the 52nd district-
Senate Bill No. 230. A bill to amend Section 92-3715 of the code of 1933 to increase the rate of taxation for paupers support from one and one-fourth mills to three mills; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Mr. Evans of McDuffieHouse Bill No. 784. A bill to provide the manner in which justices of the
peace shall be compensated for services in criminal cases in McDuffie county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of . the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Senator Causey of the 46th di~trict-
Senate Bill No. 222. A bill to authorize the ordinary or other county officials to pay the premiums on the surety bonds of tax receivers, tax collectors or tax commissioners of the various 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 27, nays 3.
The bill, having received the requisite constitutional majority, was passed.
Senator Causey of the 46th district asked unanimous consent to have the bill immediately transmitted to the House, and the consent was granted.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 179. A bill to amend an Act promulgating rules and regulations for the control and conduct of the fish, shell fish, oysters and sea food industries; and for other purposes.
The committee offered the following amendment, which was adopted:

WEDNESDAY, MARCH 15, 1939

761

By adding a new paragraph to be numbered Paragraph 2 as follows:
"That all foreign or alien dealers transporting fish into Georgia are hereby required to register for inspection at port of entry, either by truck or boat. Inspection fee shall be 50 cents per truck load of less than one ton, or 50 cents for each additional ton of fish, oysters, shrimp, etc., and failure to register shall be punished as for a misdemeanor."
The committee offered the following amendment, which was adopted:
By striking all of Section 3.
Senator Dawson of the 2nd district offered the following amendment, which was adopted :
To strike in lines 23, 24, and 25 of the caption of the printed bill, following semi-colon, the words "so as to provide that all commercial fishing boats, including shrimp boats, be required to sell their catch to wholesalers."
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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 180. A bill to repeal Section 45-210 of the code of 1933 relating to licen~e fees levied on commercial fishing boats; and for other purposes.
The committee offered the following amendment, which was adopted:
By striking all of Section 1 from the words and figures "45-210-License fees levied" through the paragraph and substituting the following:
"45-210-License fees levied on commercial fishing boats: Amounts-Boats under 16 feet long and under four (4) feet beam, One ($1.00) Dollar and five (05c) cents; Boats over 16 feet long and over four (4) feet beam. Twenty (20c) cents for each additional foot or fraction thereof of length and beam.
"Additional License Tax required on all boats, vessels and schooners or launches owned in whole or in part by aliens or non-residents :-An additional license tax of Twenty-five ($25.00) Dollars shall be required of all aliens or non-residents of the State of Georgia on all boats, vessels, schooners or launches engaged in fishing or having to do with fishing in this state, owned in whole or in part by such aliens or non~residents in addition to the boat license tax required in this Act."
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 28, nays 0.

762

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Thrasher of the 27th district-
Senate Bill No. 198. A bill to change the open season during which shad may be taken from the waters of this state; and for other purposes.
The committee offered the following amendment, which was adopted:
That the caption and bill have the words and figures "January 1st to March 1st" stricken anJ the words and figures "January 15th to March 20th" inserted in lieu thereof.
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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Thrasher of the 27th district-
Senate Bill No. 190. A bill requiring persons owning or leasing oyster beds to register a private mark with the county commissioners or ordinary to identify such private bed; and for other purposes.
The committee offered the following amendment, which was adopted:
By striking the words "County Commissioners or Ordinary" wherever they appear in either the caption or body of the bill and inserting in lieu thereof the ~'Tide Water Commission".
And by adding a new paragraph at the end of Section l, to be known as Section 1-A to read as follows: "A copy of registration, with private marks of each private owner, shall be furnished by the Tide Water Commission to the ordinary of the county in which oyster bed is located."
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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Thrasher of the 27th district asked unanimous consent to have Senate Bills No. 179, 180, 198 and 190 immediately transmitted to the House, and the consent was granted.
By Senator Jordan of the 15th district-
Senate Bill No. 140.

WEDNESDAY, MARCH 15, 1939

763

A BILL
To be entitled an Act proposing to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 2-A, of the Constitution of Georgia as embodied in Code Section 2-5003 of the Code of Georgia of 1933, exempting industries engaged in the manufacture or processing of live-stock, farm products or dairy products, from taxation for a period of five years; and for other purposes.
SECTION I.
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 2, Paragraph 2-A, of the Constitution of Georgia as embodied in Section 2-5003 of the Code of Georgia of 1933, be and the same is hereby amended as follows:
a. By inserting in line 3 of said Paragraph 2-A between the words "processing of" and the word "cotton", the following words: "Livestock, farm products, dairy products."
b. By adding at the end of said Paragraph 2-A the following sentence: "The provisions of this paragraph as amended shall apply immediately in those counties, incorported towns or cities which have heretofore approved the exemptions of this paragraph before amendment, and in others which may hereafter approve the same in the manner provided by law". So that said Paragraph 2-A of Section 2 of Article
7 of the constitution when so amended shall read as follows:
"Paragraph 2-A. Exemption of certain industries from taxation for five year period. Any person, natural or artificial, a resident of this state, who may after January 1st, 1924, build, equip, establish or enlarge a plant for the manufacture or processing of live-stock, farm products, dairy products, cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or non-metallic mineral or combination of same, creamery or cheese-plant; or for the production or development of electricity, may as to such building, enlargement or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five years from the date of the beginning of the building, enlargement or equipment of such plants. The legislature is herewith empowered to make provisions for the operation of this paragraph by appropriate legislation, provided such exemptions shall be approved by a majority of the electors voting in such county, incorporated town or city proposing such exemption. The provisions of this paragraph as amended shall apply immediately in those counties, incorporated towns or cities, that have heretofore approved the exemptions of this paragraph before amendment, and in others which may hereafter approve the same in the manner required by law."
SECTION 2.
Be it further enacted, that these amendments shall be agreed to by two-thirds of the members of the General Assembly of each house, the same shall be entered on their Journals, and the "yeas" and "nays" taken thereon, and the Governor shall cause the amendments to be published, in one or more newspapers in each Con-

764

JOURNAL OF THE SENATE,

gressional district, for at least two months immediately preceding the next general election; and the same shall be submitted to the people at the next general election, and all persons, voting at such election in favor of adopting the proposed amendments to the constitution set out in Section 1 of this Act, shall have written or printed on their ballots the words, "For ratification of the two amendments to Paragraph 2-A of Section 2 of Article 7 of the Constitution of Georgia providing for exemption from taxation by counties, incorporated towns or cities for a period of five years of industries engaged in the manufacture or proce~sing of livestock, farm products vr dairy products", and all persons opposed to the adoption of said amendments sh.1ll have written or printed on their ballots the words. "Against ratification of the amendments to Paragraph 2-A of Section 2 of Article 7 of the Constitution of Georgia providing for exemption from taxation hy counties, incorporated towns or cities for a period of five years of industries engaged in the manufacture or processing of livestock, farm products or dairy products". If a majority of those voting at the next general election shall vote in favor of these amendments, upon consolidation and ascertainment of the result as provided by law, the said amendments shall become a part of Paragraph 2-A of Section 2 of Article 7 of the Constitution of Georgia and the Governor of Georgia shall so make proclamation thereof.

SECTION 3.
That all laws and 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.

The bill, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Brannen Bridges Brinson Brooks Cail Causey Chastain Cloud Daves Dawson Dorminy Dunn Durden

Estes Fortson Groover Harrell Hass Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty

Millican :VIoate Nix Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Williams, 21st Williamson

On the passage of the bill, the ayes were 38, nays 0. Not voting: Senators Abbot, Boykin, Brown, Co~hran, Holt, Mavity, Moore, New, Padgett, Palmour, Twiggs, Warnell, Williams of the 31st.

WEDNESDAY, MARCH IS, 1939

765

By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional two-thirds majority, was passed.
The following bill of the House was taken up for the purpose of acting upon the disagreement of the House to Senate amendments:
By Messrs. Lanier and Harris of Richmond, Kendrick of Fulton and MeN all of Chatham-
House Bill No. 49. A bill to amend an Act known as the "Unemployment Compensation Act"; and for other purposes.
Senator Sanders of the 36th district moved that the Senate recede from the amendment offered by Senators Smith of the 24th and New of the 25th districts.
Senator Durden of the lOth district moved that the Senate insist upon its amendment offered by Senators Smith of the 24th and New of the 25th districts.
The President ruled that the latter motion took precedence.
Senator Boykin of the 29th district moved that the Senate remain m sessiOn until the pending question was disposed of, and the motion prevailed.
Senator Sanders of the 36th district called for the previous question and the call was sustained.
Senator Sanders of the 36th district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.
The Senator voted "aye" on the motion to insist, and was so recorded.
On the motion to insist, Senator Dunn of the 22nd district called for the ayes and nays, and the call was sustained.
A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Brannen Brinson Brooks Cail Causey Cloud Daves Durden Estes Fortson

Groover Harrell Howe Ingram Jordan Lindsay McGinty Millican Moore New Palmour

Sears Smith, 24th Thomason Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

766

JOURNAL OF THE SENATE,

Those voting m the negative were Senators:

Boy kin Bridges Chastain Cochran Dawson

Dorminy Dunn Hass Kelley McCranie

Moate Nix Redman Sanders Smith, 12th

On the motion to insist, the ayes were 31, nays 15.

Not voting: Senators Holt, Manning, Mavity, Padgett, Brown.

By unanimous consent, the verification of the roll call was dispensed with.

The motion to insist on the Senate amendment prevailed.

The Senate recessed for one hour, and at 1 :45 P. M. resumed the regular transaction of business.

Senator Smith of the 24th district moved that the Senate do now go into executive session, and the motion prevailed.

Upon dissolution of the executive session, the Senate resumed the regular transaction of business.

The following communication was dispatched to His Excellency, the Governor:

State of Georgia
The State Senate
John W. Hammond, Secretary
Atlanta, March 15th, 1939.
Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia.
My dear Governor:
Under the rules governing Executive Sessions of the Senate I have the honor to report to you that nominations sent to this body were duly confirmed today as follows:
For member of State Board of Pharmaceutical Examiners:
Dr. W. A. Blasingame, of Moultrie, Georgia, Colquitt county, for term commencing November 1st, 1938, and continuing for period of five years from that date.
For member of State Examining Board for Chiropodists:

WEDNESDAY, MARCH 15, 1939

767

Dr. Melvin Sutker, of Savannah, Chatham county, for period commencing May 5th, 1939, and continuing for three years from that date.
Each of the3e nominations was confirmed by a vote of 29 to 0.
Very sincerely yours,
John W. Hammond, Secretary State Senate.
The following bill of the Senate was read the third time and put upon its passage:
By Senators Smith of the 24th and Lindsay of the 34th districts-
Senate Bill No. 218. A bill to create the "Atlanta Produce Market Authority"; and for other purposes.
The committee offered the following amendment, which was adopted:
By striking Section l3 and inserting in lieu thereof the following:
"Section 13. To establish and maintain in the City of Atlanta or elsewhere in Fulton county, Georgia, a wholesale produce market for handling perishable farm products. Any location proposed for said market or markets is subject to securing a permit from the City of Atlanta municipal authorities, provided same is located in City of Atlanta. Such market or markets shall be subject to any and all zone laws, police regulation, fire regulations and health regulations of the City of Atlanta, provided same is located in City of Atlanta."
Senator Millican of the 52nd district offered the following amendment, which was adopted:
Amend by changing the caption to agree with committee amendment adopted by 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, the ayes were 28, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Dawson of the 2nd district asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Privileges and Elections, read the second time, and recommitted:
By Senator Dawson of the 2nd district-
Senate Bill No. 233. A bill to prohibit any relative or employee of a candidate or committeeman from serving as an election manager or clerk; and for other purposes.
The consent was granted.

768

JOURNAL OF THE SENATE,

Senator Lindsay of the 34th district asked unanimous consent to have Senate Bill No. 218 immediately transmitted to the House, and the consent was granted.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Warnell of the 1st district-

Senate Bill No. 225. A bill to amend the Highway Mileage Act by adding a certain road to the state aid system; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Senators Smith of the 24th, Groover of the 37th, and Nix of the 32nd districts-

Senate Bill No. 165. A bill to require railroad carriers to equip trainmen with electric hand lanterns in lieu of oil lanterns; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Smith of the 24th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Brown Durden Manning McCranie

Millican Moate New Nix

Palm our Smith, 24th

Those voting in the negative were Senators:

Abbot Boy kin Brannen Bridges Causey Chastain Cochran Cloud Daves Dawson

Dorminy Dunn Estes Fortson Harrell Hass Howe Ingram Jordan Kelley

McGinty Moore Redman Sanders Sears Smith, 12th Thomason Thrasher Williams, 21st Williams, 31st

On the passage of the bill, the ayes were 10, nays 30.

WEDNESDAY, MARCH 15, 1939

769

Not voting: Senators Brinson, Brooks, Cail, Groover, Holt, Lindsay, l\1avity, Padgett, Twiggs, Warnell, Williamson.
By unanimous consent, the verification of the roll call was dispensed with.
The bill failing to receive a majority was therefore lost.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The Speaker has appointed as a Committee of Conference on House Bill No. 49, known as the Unemployment Compensation Bill, on the part of the House, the following members of the House, to-wit:
Messrs. Allen of Dougherty,
Kendrick of Fulton, and
Grayson of Chatham.
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 on House Bill No. 49 the following Senators:
Daves of the 14th district,
Durden of the lOth district, and
Lindsay of the 34th district.
The following bill of the House was read the third time and put upon its passage:
By Mr. Atkinson of Chatham-
House Bill No. 738. A bill to amend the several Acts incorporating the Town of Tybc~, now known as Savannah Beach; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Lindsay of the 34th district asked unanimous consent to take the following bill of the House from the table:
By Messrs. Morgan of Troup and Maxwell of Muscogee-
House Bill No. 78. A bill to limit campaign expenses of candidates for various offices in the primary elections of the state; o.nd for other purposes.
The consent was granted.

770

JOURNAL OF THE SENATE,

Senator Smith of the 24th district moved that further consideration of House Bill No. 78 be indefinitely postponed.

On the motion to indefinitely postpone, Senator Sanders of the 36th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Brannen Bridges Brooks Causey Cochran Daves

Durden Harrell Hass Ingram Nix Redman

Those voting in the negative were Senators:

Smith, 12th Smith, 24th Warnell Williams, 31st

Abbot Boy kin Cail Cloud Dawson Dunn Estes Fortson

Groover Howe Jordan Lindsay Manning McCranie McGinty Millican

Moate Moore Sanders Sears Thomason Thrasher Williams, 21st

On the motion to indefinitely postpone, the ayes were 16, nays 23.

Not voting: Senators Brinson, Brown, Chastain, Dorminy, Holt, Kelley, Mavity, New, Padgett, Palmour, Twiggs, Williamson.

By unanimous consent the verification of the roll call was dispensed with.

The motion was therefore lost.

On the passage of the bill, Senator Lindsay of the 34th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Cail Dawson Dunn Durden Estes Fortson

Groover Howe Lindsay Manning McCranie McGinty

Millican Moore Sanders Thomason Williams, 21st Williamson

WEDNESDAY, MARCH 15, 1939

771

Those voting in the negative were Senators:

Abbot Brannen Bridges Brooks Causey Chastain Cochran Cloud

Daves Harrell Hass Ingram
Jordan Kelley Moate Nix

Redman Sears Smith, 12th Smith, 24th Thrasher Warnell Williams, 31st

On the passage of the bill, the ayes were 18, nays 23.

Not voting: Senators Boykin, Brinson, Brown, Dorminy, Holt, Mavity, New, Padgett, Palmour, Twiggs.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bills of the House were read the third time and put upon their passage:

By Mr. Moss of Gordon-

House Bill No. 758. A bill to incorporate the Town of Oakman; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Brooks of Oglethorpe-

House Bill No. 284. A bill to prohibit the trapping of foxes 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 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Kennedy of Tattnall:

House Bill No. 719. A bill to amend an Act to create a new charter for the City of Glennville; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

772

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
On the Committee of Conference appointed on House Bill No. 49, known as the Unemployment Compensation Bill, Mr. Kendrick of Fulton asked to be excused and the Speaker appointed Mr. Gross of Stephens.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bill of the Senate and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 233. Do pass, as amended.
Respectfully submitted,
McCranie of 48th district, chairman.
Senator Jordan of the 15th district asked unanimous consent to have Senate Bill No. 140 immediately transmitted to the House, and the consent was granted.
Senator Smith of the 24th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9:30 o'clock tomorrow morning.

THURSDAY, MARCH 16, 1939

773

Senate Chamber, Atlanta, Georgia,
Thursday, March 16th, 1939.
The Senate met pursuant to adjournment at 9:30 o'clock this day and was called to order by the Prseident.
Prayer was offered by the Chaplain.
Senator Harrell of the 7th district asked unammous consent to dispense with the call of the roll, and the consent was granted.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Harrell of the 7th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
The President appointed Senators Durden of the lOth, Millican of the 52nd, and Thrasher of the 27th districts as a special committee to confer with the chairman of the Rules Committee of the House to ascertain the status of Senate bills due to be placed upon the calendar of the House for consideration.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Reports of standing committees, at any time during sesswn.
2. First reading of bills and resolutions.
3. Second reading of bills and resolutions favorably reported.
4. Putting on passage uncontested local bills ready for a third reading.
5. Putting on passage general bills and resolutions ready for a third reading.
6. Immediate transmission to House of all measures passed.
The consent was granted.
Senator Millican of the 52nd district called the attention of the Senate to the following provision of the state constitution relative to the passage of bills:
Article 3, Paragraph 7. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion of insurrection; but the first and second reading of each local bill, and bank and railroad charters, shall consist of reading of the title only, unless said bill is ordered to be engrossed.
The following privilege resolution was read and adopted: By Senators Thrasher of the 27th and Williams of the 21st districts-

774

JOURNAL OF THE SENATE,

PRIVILEGE RESOLUTlON
Whereas, Eugene I. Van Antwerp, of Detroit, 1\!lichigan, commander-in-chief of the Veterans of Foreign Wars of the United States, accompanied by Claude Vandiver, state commander, William L. Van Dyke, national councilman, Charles A. Moran, past aide-de-camp and publicity officer, and Cecil Whiddon, judge advocate, of the Georgia V. F. W., on February 27th visited this Assembly and paid their respects to the members thereof and thereby to the citizens of our state, and
Whereas, on that occasion Commander-in-Chief Van Antwerp addressed both branches of the Georgia Legislature, and
Whereas, the V. F. W. is composed of American citizens who served the Stars and Stripes in foreign lands in expeditions and in times of War, and
Whereas, members of this body and many of our fellow-Georgians have rendered such distinguished service and are affiliated with this unique organization which dates back to 1899, therefore
Be it resolved, that we record our apprec1at10n of the visit of Commander-inChief Van Antwerp and his party and heartily commend to the people of our state the sound principles of Americanism which the Veterans of Foreign Wars promulgates, thereby serving our country and our state in time of peace as its members have done in foreign lands in time of war.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by the requlSlte constitutional majority, the following bills and resolutions of the House, to-wit:
By Messrs. Harris of Ri~;hmond and Parker of Colquitt-
House Bill No. 591. A bill to be entitled an Act to continue the present rate of taxation on her; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 803. A bill to be entitled an Act to amend the charter of the City of Broxton; and for other purposes.
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to be entitled an Act to amend an Act creating a new charter for the City of Baxley, by permitting the establishment of a city authority; and for other purposes.
By Messrs. Hill of Screven and Lovett of Laurens-
House Bill No. 446. A bill to be entitled an Act to create a special fund for the sole purpose of paying the salaries of the teachers of the common schools; and for other purposes.

THURSDAY, MARCH 16, 1939

775

By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 742. A bill to he entitled an Act to amend Article 7 Section 7, Paragraph 1, of the constitution, so as to authorize the city council of Augusta to make temporary loans; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 754. A bill to be entitled an Act to provide for the holding of four terms a year of the superior court of Coffee county; and for other purposes.
By Mr. Pannell of Murray-
House Resolution No. 62-259 C. A resolution authorizing the state librarian to furnish certain appelate court reports to the County of Murray; and for other purposes.
By Mrs. Mankin of Fulton-
House Resolution No. 132-497 A. A resolution authorizing the Governor to sell a certain tract of land; and for other purposes.
By Mr. Harrison of JenkinsHouse Bill No. 820. A bill to be entitled an Act to create a new charter for
the City of Millen; and for other purposes.
By Mr. Allison of GwinnettHouse Bill No. 759. A bill to be entitled an Act to appropriate money to the
state veterinarian for the purpose of making payments to owners of cattle reacting to test for Bang's disease; and for other purposes.
'
By Mr. Kennedy of TattnallHouse Bill No. 322. A bill to be entitled an Act to authorize the Governor
to sell a certain tract of land of the Tattnall prison farm to the county board of education of Tattnall county; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 414. A bill to be entitled an Act to give private bankers the right to charge exchange on checks drawn on them; and for other purposes.
By Messrs. Looper of Dawson, Warren of Forsyth and Barrett of Cherokee-
House Bill No. 677. A bill to be entitled an Act to add a certain road in Dawson and Forsyth counties to the Neill-Traylor map; and for other purposes.
By Mr. Allen of DoughertyHouse Bill No. 810. A bill to be entitled an Act to amend Section 22 of the
General Tax Act No. 360 approved March 28th, 1935; and for other purposes.
By Messrs. Jones of Paulding, Trippe and Franklin of Polk and Fowler of Douglas-

776

JOURNAL OF THE SENATE,

House Bill No. 823. A bill to be entitled an Act to abolish the fee system in che superior courts of the Tallapoosa circuit; and for other purposes.
By Mr. Cook of Chattooga-
House Resolution No. 61-259 B. A resolution relieving Dr. W. B. Hair of the bond of L. N. Roberson; and for other purposes.
By Mr. Pannell of Murray-
House Resolution No. 63-259 D. A resolution authorizing and directing the state librarian to furnish certain volumes of appellate court reports to the County of Murray; and for other purposes.
By Mr. Cook of Chattooga-
House Resolution No. 64-259 E. A resolution relieving W. B. Hair from bond forfeiture in Chattooga city court; and for other purposes.
By Strickland of Haralson-
House Resolution No. 118-433 A. A resolution that the school officials of the state use every effort to see that the funds available for the salaries of the teachers be used for that purpose; and for other purposes.
By Mr. Almand of Walton-
House Resolution No. 124-467 A. A resolution to designate state highway Route No. 10 a~ "The Stone Mountain Memorial Highway"; and for other purposes.
By Mr. Campbell of Newton and Gill of Bryan-
House Bill No. 649. A bill to be entitled an Act to regulate political primary elections for the nomination of candidates for the State Senate; and for other purposes.
By Messrs. Allen and Sabados of Dougherty-
House Bill No. 809. A bill to be entitled an Act to amend Section 855 (aa) as found in Park's Annotated Code of 1914; and for other purposes.
By Messrs. Blackshear and Terrell of Hall-
House Bill No. 244. A bill to be entitled an Act to provide certain law books to Hall county; and for other purposes.
By Mr. Dean oi Rockdale-
House Bill No. 478. A bill to be entitled an Act to provide for the distribution of funds received from state highway contracts with counties; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton county, and Messrs. Candler, Sams and Turner of DeKalb--

THURSDAY, MARCH 16, 1939

777

House Bill No. 607. 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 board of education of Fulton and DeKalb counties to make temporary loans; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 694. A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the constitution, to require the Fulton county board of education to assume certain bonded indebtedness; and for other purposes.
By Messrs. Marion and J. H. Ennis of Baldwin and Lanham and Davis of Floyd-
House Bill No. 760. A bill to be entitled an Act to appropriate $483,991.08 to the state department of public welfare for certain uses; and for other purposes.
By Mr. Key of Jasper-
House Bill No. 761. A bill to be entitled an Act to appropriate money for the maintenance of the legislative department; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Resolution No. 165-647 A. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the City of Fitzgerald to levy a certain tax; and for other purposes.
By Messrs. Hatchett of Meriwether and Harris of Richmond-
House Bill No. 554. A bill to be entitled an Act to pro"ide for the enumeration of school children by the state board of education; and for other purposes.
By Mr. Chappell of Sumter -
House Bill No. 681. A bill to provide for a joint investigation committee of the House and Senate; and for other purposes.
By Messrs. McBride of Montgomery and Edwards of Lowndes-
House Bill No. 407. A bill to provide for the purchase and administering of hog cholera serum; and for other purposes.
By Mr. Davis uf Floyd-
House Bill No. 436. A bill to provide for the qualification of school superintendents in counties of certain population; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Hill of Screven and Lovett of Laurens-
House Bill No. 446. A bill to create a special fund for the sole purpose of paying the salaries of the teachers of the common schools; and for other purposes.

778

JOURNAL OF THE SENATE,

Referred to Committee on State of Republic.
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to amend an Act creating a new charter for the City of Baxley; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Blackshear and Terrell of Hall-
House Bill No. 244. A bill to provide an appropnatJOn from the state treasury for the purpose of purchasing law books for the County of Hall to replace books destroyed by storm; and for other purposes.
Referred to Committee on Appropriations.
By Mr. Kennedy of Tattnall-
House Bill No. 322. A bill to authorize the Governor to sell certain lands of Tattnall prison farm to county board of education; and for other purposes.
Referred to Committee on Penitentiary.
By Messrs. McBride of Montgomery and Edwards of Lowndes-
House Bill No. 407. A bill to prevent the spread of hog cholera, to provide for the purchase and administering of serum; and for other purposes.
Referred to Committee on Agriculture.
By Mr. Swindle of Berrien-
House Bill No. 414. A bill to give private bankers the right to charge exchange on checks drawn on them when presented by any bank, banker, trust company or agent thereof; and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Davis of Floyd -
House Bill No. 436. A bill to amend Section 32-1004 of the code of 1933 so as to change the qualifications of the county superintendents of schools of all counties of population of 40,000 and above; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mr. Dean of Rockdale-
House Bill No. 478. A bill to provide for the distribution of funds received from state highway contracts with counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Campbell of Newton-

THURSDAY, MARCH 16, 1939

779

House Bill No. 649. A bill to regulate political primary elections for the nomination of candidates for the State Senate; and for other purposes.
Referred to Committee on Privileges and Elections.
By Messrs. Hatchett of Meriwether and Harris of Richmond-
House Bill No. 554. A bill to repeal Code Section 32-1601 relating to the enumeration of school cnildren, and to repeal Code Section 32-1603 giving the state board of education authority to make a new enumeration when in doubt; and for other purposes.
Referred to Committee on Education and Public Schools.
By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 591. A bill to continue the present rate of taxation on beer; and for other purposes.
Referred to Committee on Finance,
By Mr. Sapp of Coffee-
House Bill No. 754. A bill to provide for the holding of four terms a year of the superior court of Coffee county; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 809. A bill to amend Code Section 855(aa) Parks 1914 Annotated Code, so as to authorize persons holding office under municipal corporations in Georgi:! and a certain population to sell goods, wares and merchandise; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Allen of Dougherty-
House Bill No. 810. A bill to amend Section 22 of the General Tax Act No. 360, which provides that no person shall be exempt from any tax imposed, who has more than one employee to assist in conducting such business; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Harrison of Jenkins-
House Bill No. 820. A bill creating a new charter for the City of Millen; and for other ourposes.
Referred to Committee on Municipal Government.
By Messrs. Jones of Paulding, Trippe and Franklin of Polk and Fowler of Douglas-

780

JOURNAL OF THE SENATE,

House Bill No. 823. A bill to abolish the fee system now ex1stmg in the superior courts of the Tallapoosa circuit; as applied to the office of solicitor general; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 694. A bill to amend Article 7, Section 7, Paragraph 1, of the constitution, to require the Fulton county board of education to assume certain bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 742. A bill to amend Article VII, Section 7, Paragraph 1, of the constitution, so as to authorize the city council of Augusta to make temporary loans; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Chappell of Sumter-
House Bill No. 681. A bill to create a joint committee of the House and Senate to conduct investigations to the General Assembly concerning economy and efficiency; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton and Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 607. A bill to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the board of education of Fulton and DeKalb counties to make temporary loans; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Marion and J. H. Ennis of Baldwin and Lanham and Davis of Floyd-
House Bill No. 760. A bill to appropriate $483,991.08 to the state department of welfare for certain uses; and for other purposes.
Referred to Committee on Appropriations.
By Mr. Key of Jasper-
House Bill No. 761. A bill to appropriate money for the maintenance of the legislative department; and for other purposes.
Referred to Committee on Appropriations.
By Mr. Sapp of Coffee-

THURSDAY, MARCH 16, 1939

781

House Bill No. 803. A bill to amend an Act entitled An Act to incorporate the City of Broxton in Coffee county to define its limits; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Allison of Gwinnett-
House Bill No. 759. A bill to appropriate certain sums of money to the state veterinarian for making payments to owners of cattle reacting to test for Bangs disease; and for other purposes.
Referred to Committee on Appropriations.
By J\llessrs. Looper of Dawson, Warren of Forsyth and Barrett of Cherokee-
House Bill No. 677. A bill to amend the Neill-Traylor Act authorizing the highway board to add a certain road in Dawson county, Forsyth county, also a branch leading off this road into Cherokee county; and for other purposes.
Referred to Committee on Highways and Public Roads.
The following resolutions of the House were read the first time and referred to committees:
By Mr. Cook of Chattooga-
House Resolution No. 61-259 B. A resolution relieving Dr. W. B. Hair of the bond of L. N. Roberson; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Pannell of Murray-
House Resolution No. 62-259 C. A resolution authorizing the state librarian to furnish certain books to the County of Murray; and for other purposes.
Referred to Committee on Public Library.
By Mr. Pannell of Murray-
House Resolution No. 63-259 D. A resolution authorizing the state librarian to furnish certain volumes of Georgia reports to :Murray county; and for other purposes.
Referred to Committee on Public Library.
By Mr. Cook of ChattoogaHouse Resolution No. 64-259 E. A resolution relieving surety W. B. Hair
from bond forfeiture in Chattooga city court; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Strickland of Haralson-
House Resolution No. 118-453 A. A resolution that certain school officials

782

JOURNAL OF THE SENATE,

be directed to see that all the funds available for teachers' salaries be used exclusively for teachers' salaries; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mr. Almand of Walton-
House Resolution No. 124-467 A. A resolution to officially designate state highway Route No. 10, from Athens via Monroe and Stone Mountain to Atlanta, as "The Stone Mountain Memorial Highway"; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mrs. Mankin of Fulton-
House Resolution No. 132-497 A. A resolution authorizing the Governor to sell a certain tract of land located on Murphy avenue and Sylvan road in Atlanta, now held by the state for the development of a farmer's market; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Holtzendorff of Ben Hill-
House Resolution No. 165-647 A. A resolution proposing to the voters an amendment to Article 7, Section 6, Paragraph 1, of the constitution, so as to authorize the City of Fitzgerald to levy a tax to be used to promote new industries; and for other purposes.
Referred to Committee on Amendments to the Constitution.
Mr. Dunn of the 22nd district, chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President:
Your Committee on Uniform Laws have had under consideration the following 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. 728. Do pass.
Respectfully submitted,
Dunn of 22nd district, chairman.
Mr. Sanders of the 36th district, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:

THURSDAY, MARCH 16, 1939

783

House Bill No. 276. Do pass. House Bill No. 783. Do pass. House Bill No. 334. Do pass.
Respectfully submitted, Sanders of 36th district, chairman.
Mr. Brown, of the 4th 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 House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 693. Do pass. Respectfully submitted, Brown of 4th district, chairman.
Mr. Thrashet of the 27th district, chairman of the Committee on Game and Fish, submitted the following report: Mr. President:
Your Committee on Game and Fish have had under consideration the following bills of the House and have in!>tructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 651. Do pass. House Bill No. 352. Do pass. House Bill No. 576. Do pass.
Respectfully submitted, Thrasher of 27th district, chairman.
Mr. Warnell of the 1st district, chairman of the Committee on Conservation, submitted the following report:
Mr. President: Your Committee on Conservation 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. 266. Do pass. House Bill No. 452. Do pass.

784

JOURNAL OF THE SENATE,

House:Bill No. 277. Do pass.
Respectfully submitted,
Warnell of 1st district, chairman. Mr. Durden of the lOth 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 fol-
lowing 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. 258. Do pass. Respectfully submitted,
Durden of lOth district, chairman. Mr. Millican of the 52nd 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. 793. Do pass. House Bill No. 775. Do not pass.
Respectfully submitted,
Millican of 52nd district, chairman. Mr. Manning of the 39th 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. 785. Do pass. House Rill No. 796. Do pass. House Bill No. 733. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.

THURSDAY, MARCH 16, 1939

785

Mr. Williams of the 21st district, chairman of i:he 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. 186-807 A. Do pass, as amended.
House Resolution No. 171-740A. Do pass, as amended.
House Resolution No. 142-533 B. Do pass, as amended.
c. House Resolution No. 93-361 Do pass, as amended.
House Resolution No. 60-259A. Do pass, as amended. House Res:>lution No. 55-24 A. Do pass, as amended. House Resolution No. 128-480 A. Do pass, as amended.
Respectfully submitted,
Williams of 21st district, chairman.
Mr. Daves of the 14th district, chairman of the Committee on Pensions, submitted the following report:
Mr. President:
Your Committee on Pensions have had under consideration the following 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. 766. Do pass. House Bill No. 767. Do pass.
Respectfully submitted,
Daves of 14th district, chairman.
Mr. Millican of the 52nd 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 considera-
tion 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. 712. Do pass. House Bill No. 86. Do pass. House Bill No. 674. Do pass.

786

JOURNAL OF THE SENATE,

House Bill No. 801. Do pass. House Bill No. 800. Do pass. House Bill No. 805. Do pass. House Bill No. 473. Do pass. House Bill No. 787. Do pass. House Bill No. 430. Do not pass.
Respectfully submitted, Millican of 52nd district, chairman.
Mr. Manning of the 39th district, chairman of the Committee on Munic!pal Government, submitted the following report: Mr. President:
Your Committee on Municipal Government had had under consideration the following bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 774. Do pass. House Bill No. 802. Do pass. House Bill No. 789. Do pass. House Bill No. 808. Do pass. House Bill No. 807. Do pass. House Bill No. 764. Do pass, as amended.
Respectfully submitted, Manning of 39th district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to the Constitution have had under considera-
tion the following bills and resolutions of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 720. Do pass. House Bill No. 420. Do pass. House Bill No. 623. Do pass. House Bill No. 404. Do pass.

THURSDAY, MARCH 16, 1939

787

House Bill No. 274. Do pass. House Bill No. 474. Do pass. House Bill No. 309. Do pass. House Bill No. 727. Do pass. House Resolution No. 177-779A. Do pass.
Respectfully submitted, Abbot of 18th district, chairman.
Mr. Twigg:; of the 40th 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. 624. Do pass. Respectfully submitted,
Twiggs of 40th district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to the Constitution have had under considera-
tion 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. 742. Do pass.
Respectfully submittecl.
Abbot of 18th district, chairman.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Beck and Reid of CarrollHouse Bill No. 274. A bill proposing an amendment to Article 7, Section 7,
Paragraph I, of the constitution, to authorize the City of Carrollton to incur additional bonded indebtedness, and to issue refunding bonds; and for other purposes.
By Mr. Swindle of BerrienHouse Bill No. 309. A bill to propose to the qualified voters of Georgia an

788

JOURNAL OF THE SENATE,

amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the City of. Nashville, Berrien county, to incur a bonded indebtedness to refund and pay off outstanding bonds due; and for other purposes.
By :Mr. Bell of Grady-
House Bill No. 404. A bill to propose an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize Grady county by vote of fiscal authority to issue certain bonds; and for other purposes.
By Nlr. Henderson of Irwin-
House Bill No. 420. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the City of Ocilla incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Messrs. Beck and Reid of Carroll-
House Bill No. 474. A bill to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the Town of Bowdon to refund an additional bonded indebtedness; and for other purposes.
By Mr. Branch of Tift-
House Bill No. 623. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to increase bonded indebtedness of Tift county; and for other purposes.
By Messrs. J. H. and :\~!arion Ennis of Baldwin-
House Bill No. 624. A bill to give and grant board of trustees of Georgia Military College certain land which constitutes part of old Capitol Square in the City of Milledgeville; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 720. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the Reidsville school district to incur an additional bonded indebtedness; and for other purposes.
By Mr. Swindle of Berrien-
House Bill No. 727. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the City of Ray City to incur an additional bonded indebtedness; and for other purposes.
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to amend the charter of the City of Rome; and for other purposes.

THURSDAY, MARCH 16, 1939

789

By Mr. Carmichael of Butts-
House Bill No. 789. A bill to amend an Act creating a new charter for the City of Jackson; and for other purposes.
By Messrs. Sabados and Allen of Dougherty-
House Bill No. 774. A bill to provide that in any city in the state having a certain population the governing authorities may take over in any manner the operation and maintenance of any hospital now in existence in said city; and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 86. A bill creating the office of county treasurer of Brantley county; and for other purposes.
By Messrs. Allison of Gwinnett, Bynum of Rabun, Bruce of Troup and Lanham of Floyd-
House Bill No. 258. A bill to define title insurance and provide method for licensing and regulating the business of title insurance.; and for other purposes.
By Messrs. Lewis and Wells of Burke-
House Bill No. 276. A bill to prohibit dealers in junk from trespassing to solicit the purchase of junk without the written permission of the owner of the land; and for other purposes.
By Mr. Hinson of Jeff Davii-
House Bill No. 334. A bill to amend an Act entitled "An Act to lay off and organize a new county out of portions of Appling and Coffee counties"; by changing the time of holding superior court in Jeff Davis county; and for other purposes.
By Messrs. Gowen of Glynn and DeFoor of Mcintosh-
House Bill No. 352. A bill to prohibit the taking, buying selling or possessing of spawning crabs during certain months; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 473. A bill entitled an Act enabling an Act to provide that in Fulton county various county officials may name a chief deputy who would succeed such officials i;, office if a vacancy should occur; and for other purposes.
By Mr. Griffin of WilkesHouse Bill No. 576. A bill to amend an Act approved March 12, 1935,
regulating the trapping of predatory fur-bearing animals in counties of a certain population; and for other purposes.
By Messrs. Barlow and Parker of ColquittHouse Bill No. 651. A bill to prohibit goats from running at large in counties

790

JOURNAL OF THE SENATE,

having a population of not less than 30,622 and not more than 30,652; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 674. A bill granting commissioners of roads and revenues in counties having a population of not less than 70,000 and not more than 71,000 authority to adopt and enforce zoning ordinances in territories outside of municipal areas; and for other purposes.
By Messrs. Bynum of Rabun, Carmichael of Cobb, Grice of Bibb and others-
House Bill No. 693. A bill to bestow the name of Bleckley upon the mountain in Rabun county, generally known as Screamer .Mountain; and for other purposes.
By Mr. Jones of Brantley-
Hause Bill No. 712. A bill to amend an Act (Georgia Laws, 1931, page 394), to abolish the office of tax receiver and tax collector of Brantley county, creating the office of tax commissioner and fixing his compensation; and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 728. A bill to provide the manner in which justices of the peace and notaries public ex-officio justices of the peace shall be compensated in criminal cases in counties having a population of from 9,010 to 9,020; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 733. A bill to amend an Act entitled An Act incorporating the Town of Snellville, in the county of Gwinnett (Georgia Laws, 1923, pages 775,780) changing the corporate limits of said town, and for a referendum; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 766. A bill to provide for a retirement fund for teachers and other employees in county school systems in counties having a population of not less than 70,000 and not more than 72,000 according to the 1930 census; and for other purposes.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 767. A bill to provide for civil service for teachers and other employees for the county school systems in counties having a population of not less than 70,000 and not more than 73,000 according to the 1930 census; and for other purposes.
By Messrs. McGraw and Hatchett of MeriwetherHause Bill No. 783. A bill providing for the holding of four terms of the
superior court of Meriwether county; and for other purposes.

THURSDAY, MARCH 16, 1939

791

By l.Hessrs. Parker and Barlow of Colquitt-
House Bill No. 785. A bill to amend an Act (Georgia Laws, 1922, page 751 et seq.} to create a new charter for the City ot Doerun in Colquitt county, to prescribe the qualifications of the voters in municipal elections in said city; and for other purposes.
By Mr. Rossee of Putnam-
House Bill No. 787. A bill to abolish the offices of tax receiver, and tax collector of Putnam county; to create the office of tax commissioner; and for other purposes.
By Mr. Kennedy of Tattnall-
House Bill No. 793. A bill to amend an Act creating a board of commissioners of roads and revenues for the county of Tattnall, providing for five members instead of four; and for other purposes.
By Mr. Moore of Lumpkin-
House Bill No. 796. A bill amending an Act reincorporating the City of Dahlonega; authorizing the mayor and council to assess and levy street paving against abutting property owners; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 800. A bill to repeal an Act (Georgia Laws, 1937, pages 1301-02) creating the office of tax collector of Coffee county; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 801. A bill to repeal an Act providing for the repeal of an Act creating the office of tax commissioner of Coffee county; and for other purposes.
By Mr. Sapp of Coffee-
House Bill No. 805. A bill to repeal an Act (Georgia: Laws, 1937, pages 1302-03) creating the office of tax receiver of Coffee county; and for other purposes. By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 802. A bill to amend an Act establishing a new charter for the City of Miiledgeville, approved December 15, 1900, and the several Acts amendatory thereof; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Bill No. 807. A bill to amend "An Act creating a new charter of municipal government for the City of Rome"; and for other purposes.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to amend Acts 1931, Pages 686-691, to provide

792

JOURNAL OF THE SENATE,

that the city council of Augusta may delegate to the city planning commiSSIOn, power and authority to permit exceptions to and variations from the zoning regulations; and for other purposes.
The following resolutions of the House, favorably reported by committees, were read the second time:
By Messrs. Goddard and Purdy of Spalding-
House Resolution No. 55-24 A. A resolution authorizing the state librarian to furnish the clerk of the superior court of Spalding county certain volumes of the Georgia supreme court and Georgia court of appeals; and for other purposes.
By Mr. Forrester of Dade-
House Resolution No. 60-259 A. A resolution directing the state librarian to furnish certain books to Dade county; and for other purposes.
By Messrs. Bloodworth, Merritt and Grice of Bibb-
House Resolution No. 93-361 C. A resolution to furnish certain supreme court reports and court of appeals reports to the city court of Macon; and for other purposes.
By Messrs. Allison and Pharr of Gwinnett-
House Resolution No. 128-480 A. A resolution to provide certain volumes of the supreme court and court of appeals reports to Gwinnett county; and for other purposes.
By Messrs. Simmons and Mills of Decatur-
House Resolution No. 142-533 B. A resolution authorizing the state librarian to furnish certain appellate court reports to the County of Decatur; and for other purposes.
By Mr. Clark of Catoosa-
House Resolution No. 171-740 A. A resolution authorizing the state librarian to furnish certain law books to Catoosa county; and for other purposes.
By Messrs. Hatchett and McGraw of Meriwether-
Hause Resolution No. 177-779 A. A resolution to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the City of Greenville to incur a bonded indebtedness; and for other purposes.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Resolution No. 186-807 A. A resolution authorizing the state librarian to furnish certain missing court reports for the use of the judge of the superior court of Floyd county and the members of the bar; and for other purposes.

THURSDAY, MARCH 16, 1939

793

Senator Brinson of the 42nd 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:
By Messrs. Atkinson, Grayson and MeN all of Chatham-
House Bill No. 757. A bill to amend the charter of the City of Savannah by extending the city limits; and for other purposes.
The consent was granted.
Senator Nix of the 32nd district asked unanimous consent to have the following bill of the Senare withdrawn from further consideration:
By Senators Nix of the 32nd and Causey of the 46th districts-
Senate Bill No. 215. A bill classifying the persons entitled to assistance under the "Public As3istance to the Aged Act"; and for other purposes.
The following bills of the Senate were read the third time and put upon their passage:
By Mr. Warnell of the 1st district-
Senate Bill No. 232. A bill to amend the several Acts incorporating the Town of Thunderbolt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dawson of the 2nd district-
Senate Bill No. 233. A bill to prohibit relatives of candidates or employees of candidates from serving as election manager or election clerk m any primary or general election; and for other purposes.
The committee offered the following amendment, which was adopted, ayes 20, nays 10:
By adding the following sentence to Section 3: "Provided this section does not apply to militia districts having less than 100 registered voters."
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 15, nays 20.
The bill, having failed to receive the requisite constitutional majority, was lost.
By Senators Brown of the 4th and Warnell of the 1st districts-

794

JOURNAL OF THE SENATE,

Senate Bill No. 207. A bill to amend an Act to create a department of natural resources; and for other purposes.

Senator Brown of the 4th district offered the foilowing amendment, which was adopted :

To amend Senate Bill No. 207 by striking from Section 4 of the said bill and from the new Section 9 (d) the following language, to-wit:

"or allowing fire to escape from his lands to the lands of another."

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, the ayes were 20, nays 10.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bills of the House were read the third time and put upon their passage:

By Messrs. Swindle of Berrien and Claxton of Johnson-

House Bill No. 690. A bill authorizing the state highway department to expend state aid road funds upon any rural or post roads of the state not on the state aid system; and for other purposes.

Senator Fortson of the 50th district asked unammous consent to vote at this time and retire, and the consent was granted.

The senator voted "aye" on the bill and "no" on all amendments, and was so recorded.

Senator Millican of the 52nd district called for the previous question, and the call was sustained.

Senator Lindsay of the 34th district called for the ayes and nays on the passage of the bill, and the call was sustained.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail

Chastain Daves Dawson Dorminy Dunn Durden Estes Fortson

Groover Harrell Hass Holt Howe Ingram Jordan Kelley

THURSDAY, MARCH 16, 1939

795

Manning McCranie McGinty Millican Moate Moore New

Nix Palmour Redman Sanders Sears Smith, 12th Smith, 24th

Thomason Thrasher Warnell Williams, 21st Williamson

Those voting in the negative were Senators:

Causey Cloud

Lindsay Twiggs

Williams, 31st

On the passage of the bill, the ayes were 43, nays 5.

Not voting: Senators Cochran, Mavity, Padgett.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed.

Senator Millican of the 52nd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Finance, read the second time, and recommitted:

By Mr. McCracken of Jefferson-

Senate Bill No. 231. A bill to amend the income tax law by repealing section relating to fed.:ral income tax deductions; and for other purposes.

The consent was granted.

Senator Millican of the 52nd district asked unanimous consent to have the following bills of the House withdrawn from the Committee on Finance, read the second time, and recommitted:

By Mr. Trippe of Polk-

House Bill No. 283. A bill limiting the number of employees in the tag division of the department of revenue; and for other purposes.

By Mr. Swindle of Berrien-
House Bill No. 292. A bill limiting the number, salary and expenses of inspectors in the state revenue department; 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. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 342. A bill to add an additional judge of the superior court of the Atlanta circuit; and for other purposes.

796

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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Messrs. Carmichael of Cobb, Culpepper of Fayette, and others-

House Bill No. 621. A bill to establish a department of purchases; and for other purposes.

Senator Mil!ican of the 52nd district asked unanimous consent to consider the bill section by section, and the consent was granted.

Senator McCranie of the 48th district asked unanimous consent to be allowed to vote at this time and retire, and the consent was granted.

The senator voted "aye" on the bill and "no" on all amendments, and was so recorded.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an appropriation, a roll call was ordered and the vote was as follows:

Those vo~ing m the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Brown Cail Causey Cochran Cloud Daves
Dawson Dorminy

Durden Estes Fortson Groover Harrell Hass Holt Howe Ingram
Jordan Kelley McCranie McGincy

Millican Moate Moore Nix Palmour Redman Sears Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williamson

On the passage of the bill, the ayes were 39, nays 0.

Not voting: Senators Boykin, Chastain, Dunn, Lindsay, Manning, Mavity, New, Sanders, Padgett, Smith of the 12th, Warnell, Williams of the 31st.
By unanimous consent, the verification of the roll call was dispensed with. The bill, having ;eceived the requisite constitutional majority, was passed.
The Senate recessed at 12:30 and reconvened at 1:30 P. M., to resume the regular transaction of business.

THURSDAY, MARCH 16, 1939

797

Senator Millican of the 52nd district asked unanimous consent to have the following bills of the House withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 653. A bill amending the charter of the City of East Point; and for other purposes.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 811. A bill amending the charter of the City of Atlanta by striking Section 438; and for other purposes.
The consent was granted.
The following message was received from the House through Mr; Greer, the clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute for the following bill of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 637. A bill to be entitled an Act to create. a state .division of Confederate pensions and records; and for other purposes.
Mr. Manning of the 39th 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. 757. Do pass, as amended.
Respectfully submitted,
Manning of 39th district, chairman.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President: The House ms1sts upon its position and requests the appointment of a Com-
mittee of Conference on the following biil of the House, to-wit:
By Mr. Culpepper of FayetteHouse Bill No. 637. A bill to be entitled an Act to create a state division of
Confederate pensions and records; and for other purposes.

798

JOURNAL OF THE SENATE,

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. Culpepper of Fayette,
Grayson of Chatham, and
Harrison of Jenkins.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Almand and Preston of WaltonHouse Bill No. 266. A bill to provide for the removal of obstructions from
creeks and other running streams in Walton 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of FultonHouse Bill No. 328. A bill to authorize certain counties to contract with any
municipality located therein with reference to furnishing of regulation functions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Stiles of FanninHouse Bill No. 344. A bill to amend an Act creating the office of commissioner
of roads and revenues of Fannin county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Messrs. Merritt, Grice and Bloodworth of BibbHouse Bill No. 427. A bill to authorize certain counties to pass zoning and planning laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 16, 1939

799

On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Harris, Lanier and Jon~s of Richmond-
House Bill No. 471. A bill to authorize the board of county commissioners of certain counties to regulate building and construction in unincorporated areas in such 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Holtzendorff of Ben Hill-
House Bill No. 491. A bill to repeal an Act which deals with the manner of selecting members of the county board of education in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Whitaker of Appling, Gowen of Glynn, Ferguson of Camden, Hinson
of Jeff Davis and Yeomans of Wayne-
House Bill No. 333. A bill to provide additional compensation for the official stenographic reporter of the superior courts of the Brunswick 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. English of Lamar-
House Bill No. 580. A bill to amend the Act providing a charter for the City of Barnesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

800

JOURNAL OF THE SENATE,

By Messrs. Goddard and Purdy of Spalding-
House Bill No. 225. A bill requiring a deposit of $10.00 by the plaintiff in divorce cases filed in superior court in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Hatchett of Meriwether-

House Bill No. 773. A bill to amend an Act constituting a board of commissioners of Meriwether county, so as to provide for the employment of a clerk of the board of commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Holtzendorff of Ben Hill-

House Bill No. 494. A bill to provide th~ manner of electing members of the county board of education in certain counties; and for other purposes.

The report of the committee, which was favorable to the passage of the bill,

was agreed to.



On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Mosley of Toombs-

House Bill No. 571. A bill to prohibit goats from running at large 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Sapp of Coffee-
House Bill No. 606. A bill to prohibit goats from running at large in certain counties; to prescribe penalties for the violation of this A~t; and for other purposes.

THURSDAY, MARCH 16, 1939

801

The report of the committee, which was favorable to the passage of the bill, was agreed to.
on the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Gross of StephensHouse Bill No. 536. A bill to authorize the Toccoa Falls Institute to confer
tlie degree of Bachelor of Arts in Biblical Education ; and for other purposes.
The report of the committee, which was favorable to the passage of t4e. bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Tippins of WilcoxHouse Bill No. 657. A bill to provide fo.r holding three terms a year of the
superior court 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of FultonHouse Bill No. 669. A bill to amend an Act incorporating the City of Hape-
ville; and for other purposes:
The report of the committee, which was favorable to the passage of the 9ill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Stiles of FanninHouse Bill No. 679. A bill to repeal an Act incorporating the Town of
Epworth; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Allison and Pharr of Gwinnett-

802

JOURNAL OF THE SENATE,

House Bill No. 695. A bill to amend an Act to establish a system of public schools of Lawrenceville, so as to provide that the mayor of Lawrenceville shall be an ex-officio member of the Lawrenceville 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sams, Candler and Turner of DeKalb--
House Bill No. 70l. A bill to amend the charter of the Town 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sams, Candler and Turner of DeKalb--
House Bill No. 702. A bill to amend an Act creating a new charter for the Town of Decatur, so as to extend the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Campbell of Newton-
House Bill No. 745. A bill to authorize fishing with hook and line at all times during the year in Jackson Lake, located in Newton, Butts and Henry 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, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Sans, Candler and Turner of DeKalb--
House Bill No. 782. A bill to amend an Act creating a new charter for the City of Decatur, by providing for certain fees to be paid city commissioners; and for other purposes.

THURSDAY, MARCH 16, 1939

803

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Tippins of Wilcox-
House Bill No. 780. A bill to amend the charter of the Town of Abbeville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 737. A bill to incorporate the Town of Sugar Hill into a municipal government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Rawlins of Telfair-
Hause Bill No. 795. A bill to create and incorporate the City of Jacksonville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
:By Messrs. Sabados and Allen of Dougherty-
House Bill No. 718. A bill to provide and empower the City of Albany to furnish relief and pension to all officers and employees of the City of Albany; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

804

JOURNAL OF THE SENATE,

By Mr. Stiles ot Fannin-

House Bill No. 611. A bill to amend an Act with reference to the time of fishing in the ponds and lakes of Fannin county; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Ennis of Baldwin-

House Bill No. 640. A bill to amend an Act providing for the election of a board of county commissioners by the people of Baldwin 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, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Messrs. Gross and Roughton of Washington-

House Bill No. 660. A bill tG amend an Act creating a board of county commissioners of Washington county; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Messrs. Allison and Pharr of Gwinnett-

House Bill No. 716. A bill to repeal an Act incorporating the Town of Lilburn; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Ferguson of Camden-

House Bill No. 739. A bill granting to the commissioners of roads and revenues

of Camden county authority to adopt and enforce zoning ordinances; and for

other purposes.

-

THURSDAY, MARCH 16, 1939

805

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Messrs. Allison and Pharr of GwinnettHouse Bill No. 756. A bill to amend an Act creating a board of county commissioners for Gwinnett 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, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Messrs. Harris, Lanier and Jones of RichmondHouse Bill No. 743. A bill to amend the charter of the City of Augusta; and
for other purposes. , The report of the committee, which was favorable to the passage of the bill,
was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 655. A bill to amend the charter of the City of East Point, so as to annex certain territory subject to a referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Coogler of ClaytonHouse Bill No. 619. A bill to authorize the Town of Forest Park 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, nays 0. The bill, having received the requisite constitutional majority, was passed.
_By Mr. Rossee of Putnam-

806

JOURNAL OF THE SENATE,

House Bill No. 674 A. A bill to amend the Act authorizing a system of public schools of Eatonton; and for other purposes.
The report of the committee, which was faxorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 517. A bill to amend an Act relating to the adoption of rules as to construction and repair of buildings 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sartain and Kelley of WalkerHouse Bill No. 556. A bill to provide for and fix the hours of keeping open
the polls at precincts 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Douglass of TalbotHouse Bill No. 781. A bill to amend an Act abolishing the offices of tax
collector and tax receiver of Talbot 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Coogler of ClaytonHouse Bill No. 618. A bill to amend the charter of the Town of Forest 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 16, 1939

807

By Messrs. Sams, Candler and Turner of DeKalb-
House Bill No. 748. A bill to amend the charter of the City of Pine Lake; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Williams of Bacon-
House Bill No. 635.
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 County of Bacon 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 as of January 1, 1939, and which becomes due up to and including July 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 July 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 County of Bacon may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding past due and unpaid on January 1, 1939, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including July 1, 1939, and to 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 County of Bacon 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 July 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Roads and Revenues of Bacon County, and shall be validated as provided by law."
Section 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

808

JOURNAL OF THE SENATE,

each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed ame!)dments 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 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 County of Bacon 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 County of Bacon 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 result 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.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Brannen Brinson Brooks Brown Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy Dunn Durden

Estes Fortson Groover Harrell Holt Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty Millican Moate

Moore Nix Palmour Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 43, nays 0.

Not voting: Senators Boykin, Bridges, Hass, Mavity, New, Padgett, Twiggs, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

THURSDAY, MARCH 16, 1939

809

The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Whitaker of Appling-
House Bill No. 544. A bill amending an Act creating a board of commissioners of roads and revenues for Appling county; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL
To be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Appling; to provide that the Commissioner of Roads and Revenues of the County of Appling, acting in conjunction with the Ordinary and Clerk of the Superior Court of said County, shall have control of all fiscal affairs of the County of Appling; to provide for his election and for his recall; to define his duties and provide for his compensation; to provide for a clerk for said Commissioner and compensation for said clerk; to provide for compensation for the Ordinary acting in conjunction with the Commissioner of Roads and Revenues, to provide for the proper supervision of the acts of th~ Commissioner of Roads and Revenues and the auditing of his books; to repeal the Act approved July 29, 1915 (Georgia Laws 1915, pages 141-147) creating the Board of Commissioners of Roads and Revenues for Appling County, and all Acts amendatory thereof; and for other purposes.
Be it enacted by the General Assembly of Georgia:
SECTION 1. That from and after the first day of January, 1941, the county affairs of Appling County shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues of Appling County is hereby created. He, acting in conjunction with the Ordinary and Clerk of the Superior Court of said county, shall have such control of the county affairs generally, as is now conferred by law upon the present Board of Commissioners of Roads and Revenues of said county, except as especially qualified by this Act.
SECTION 2. That said Commissioner of Roads and Revenues shall be elected by the qualified voters of Appling County at the time county officers of Appling County are elected in the year 1940, and such Commissioner of Roads and Revenues shall take office on January 1, 1941. He shall serve for a term of four years, and until his successor is elected and qualified. The succeeding term of said Commissioner of Roads and Revenues shall be for a term of four years and he shall be elected by the qualified voters of said county at the regular election held for county officers.
SECTION 3. That the Commissioner, before entering on the duties of his office, shall give bond with good security, approved by the Ordinary of said County, in the sum of Ten Thousand ($10,000.00) Dollars, payable to the Treasurer of the County, and his successor in office, and conditioned upon the faithful discharge of his duties and the carrying out of the provisions of this Act, and for any viola-

810

JOURNAL OF THE SENATE,

tion of the conditions thereof, said bond may be sued upon in the name of the County Treasurer, whether on his own motion or by direction of said county; and the Commissioner and his security shall be liable upon said bond for any breach thereof by way of malfeasance or misfeasance in office.
SECTION 4. That said Commissioner, before entering upon his duties, shall make oath before the Ordinary of the County, to faithfully administer all affairs to the best interest of the county.
SECTION 5. That the salary of said Commissioner shall be Twenty-four
Hundred ($2,400.00) Dollars per annum, to be paid monthly out of the Treasury of said County. The grand jury sitting in regular session just before the expiration of term of said Commissioner, may change the salary of said Commissioner, but no change shall be made during the term of a Commissioner.
The clerk of said Commissioner shall be the clerk of the superior court of said county, whose salary shall be Nine Hundred ($900.00) Dollars per annum to be paid monthly out of the Treasury of said County.
SECTION 6. That it shall be unlawful for any candidate for commiSSIOner to enter into any agreement with any person or persons as to the disposal of any work or the purchase of any supplies, or any appointment under his control, and any person so offending shall be ineligible to hold said office.
SECTION 7. That said Commissioner shall select one regular day of each week in which he shall remain in his office at the Court House for the transaction of public business in connection with his office, and the balance of his working time shall be spent in the personal supervision of laying out road work, bridges, and the inspection of all public property, especially of the measure and delivery of supplies to the convict camp, and the general direction and management of said camp, in the most economical manner. The clerk of said Commissioner shall keep his office open each day of the week, and make a record of all complaints, and other matters, and call the notice of the Commissioner to same.
SECTION 8. That said Commissioner shall keep in constant touch with the State and Federal authorities who have charge of roads and road building; shall secure, and keep in his office, and familiarize himself with all the free bulletins bearing upon the subject of road building; and it shall be his duty at all times to entertain and discuss suggestions as to road building.
SECTION 9. That it shall be the duty of said Commissioner, acting with the clerk and Ordinary, to supply from the advalorem tax for roads and from such other funds as may be available to the county for road purpose, such machinery, mule and gasoline power, and other equipment as shali be necessary to work the public roads of said county in a manner in keeping with the revenue of said county, and serving the greatest number of people in the best manner.
SECTION 10. That the first permanent road work under this Act shall be done in that section or sections where it will do the greatest good to the greatest number; and this policy shall be continued in all permanent road work. The Com-

THURSDAY, MARCH 16, 1939

811

miSSioner shall apply the most t-fficient means of keeping in a state of continuous repair, all such permanently constructed mileage, of all roads in said county not maintained by state or other agencies.
SECTION 11. That said Commissioner shall direct his clerk, at the end of each month, to make out a list of all expenditures during the month for which warrants have been issued, signed by the clerk and the Ordinary and numbered, and the names to whom issued, and for what issued.
SECTION 12. That said Commissioner at the end of each quarter, shall make out an itemized account of all the transactions of his office, stating the amount of money or monies received, and from what source; the amount of money or monies expended, and for what purpose, during that quarter, and publish the same in the o.fficial organ of said county. He shall undersign each quarterly statement so published under oath, as follows: "!........................................................, Commissioner of Roads and Revenues of Appling County, do solemnly swear that the above is a full and true statement of the monetary transactions of this office for the quarter ending................................................, and that I have not received any rebates or drawbacks, nor have I personally profited or known of any illegal personal profit to anyone whomsoever through any transaction of this office. Signed............................."
SECTION 13. That it shall be a misdemeanor for the Commissioner, clerk or Ordinary, or anyone employed by either of them, to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies, machinery or mules, or anything for said county.
SECTION 14. That in case of a vacancy in the office of Commissioner, by reason of death or otherwise, the Ordinary of said County shall serve as his successor until a successor is elected and qualified; such vacancy shall be filled by a special election called by the clerk of the Superior Court of said County, and held within thirty days after said death, resignation, or other cause bringing about such a vacancy.
SECTION 15. That the grand jury sitting at the first regular term in each year, shall appoint two or more auditors to audit the books, accounts and warrants of said Commissioner, clerk and Ordinary. Said auditors shall have power to examine, under oath, said Commissioner, clerk, and Ordinary, relative to any account, item or warrant, or transaction in connection with said Commissioner's office. Said auditors shall perform their duties as herein prescribed and make a report of their findings to the judge of the Superior Court of said County, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said County. The grand jury appointing said auditors shall prescribe the amount to be paid them for their services.
SECTION 16. That it shall be the duty of the grand jury to inquire into the official acts of said Commissioner, and if any grand jury of said Appling County shall find by a two-thirds vote, that the Commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient or that he has wrongfully or fraudulently conducted the affairs of his office, or that he is otherwise unqualified

812

JOURNAL OF THE SENATE,

to manage the affairs of the office, the grand jury so finding shall declare said office vacant and the clerk of the Superior Court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. Said deposed Commissioner shall have a right, however, to be a candidate, and if he shall receive a majority of votes polled in said election he shall again take up the duties of said office. If he does not receive the majority, however, of the votes so polled, the candidate so receiving the majority of votes shall at once qualify and take up the duties of said office. All rules and regulations governing regular county elections shall govern all regular and special elections under this Act.
SECTION 17. That the said Commissioner, acting in conjunction with the clerk of court and Ordinary, shall have the power to employ a county attorney, and shall have authority to pay such county attorney for his services, not exceeding Three Hundred ($300.00) Dollars per annum, to be paid out of the County Treasury, provided, however, that the said Commissioner, acting in conjunction with the clerk of court and Ordinary shall also be authorized to employ legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or service may warrant, which said sums to be paid out of the County Treasury.
SECTION 18. That the Ordinary of the County of Appling shall be paid for his services acting in conjunction with the said Commissioner, the sum of Three Hundred ($300.00) Dollars per annum, said sum to be paid out of the County Treasury.
SECTION 19. That said Commissioner, acting in conjunction with the clerk and Ordinary, shall constitute a purchasing board for said County, but the said Commissioner, however, shall have the right and power to purchase such provisions and repairs to be used in connection with his work as are necessary for immediate use, but the bills for same, as well as all other county bills, shall be submitted to the clerk and Ordinary when meeting with said Commissioner in regular semi-monthly sessions, as provided in this Act.
SECTION 20. That said Commissioner, by this Act, is empowered with authority to plan, lay out, superintend and construct all public roads and bridges, but the same shall be done in conformity with Section 10 of this Act.
SECTION 21. That the term of office of said Commissioner shall be for a period of four years, and until his successor is elected and qualified.
SECTION 22. That this Act shall become effective and operative on the first day of January, 1941.
SECTION 23. That the Act of the General Assembly of Georgia approved July 29, 1915 (Georgia Laws 1915, pages 141 7 147) entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes," and all Acts amendatory thereof, are hereby repealed from and after January 1, 1941.

THURSDAY, MARCH 16, 1939

813

SECTION 24. 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 by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 472.
AN ACT
To amend Article XI, Section III, of the Constitution of the State of Georgia by adding after Paragraph I thereof a new paragraph to be known as Paragraph II of Section III, of Article VI of said Constitution so as to provide that the General Assembly shall be given authority to provide that in the County of Fulton a chief clerk, or chief assistant, or chief deputy may be appointed by the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, and County Treasurer as the case may be; further that the General Assembly may provide that in the case of a vacancy in the office of Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, and County Treasurer, and that the person 80 appointed as chief clerk, chief assistant, or chief deputy may fill the unexpired term of the officer making the appointment; 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 the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding a new paragraph to Section III, of Article XI of said Constitution, said new paragraph to follow Paragraph I and to be known as Paragraph II and to be in the following words and symbols, to-wit:
"Paragraph II. The General Assembly may provide, however, that the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector (or Tax Commissioner as the case may be) and County Treasurer, any one or all of them, serving in Fulton County, shall be required to appoint a chief clerk, chief assistant or chief deputy, from among such officer's assistants; the appointment to be made by the person occupying such respective office and to be for such term as the person making the appointment may designate, the term in no event to extend beyond the term of the person making the appointment; and th~ General Assembly may provide, further, that in said County of Fulton in the event a vacancy occurs in any of the offices here named, that such designated chief clerk, chief assistant or chief deputy may fill out the unexpired term of the person making the appointment, upon qualifying for such office as provided by law."

814

JOURNAL OF THE SENATE,

SECTION 2.
Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall he and he is hereby authorized and instructed to cause such amendment to he published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.
SECTION 3.
Be it further enacted by the authority aforesaid, That the above proposed amendment shall he submitted for ratification or rejection to the electors of this .State at the next general election to he 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 he 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 Article XI, Section III, of the Constitution of Georgia by adding a new paragraph, authorizing the legislature to enact laws providing that in Fulton County, a chief clerk, or assistant or deputy may he appointed and in case of a vacancy in the office of the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, or County Treasurer of said County, fill out the unexpired term of such officer."
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 XI, Section III, of the Constitution of Georgia by adding a new paragraph, authorizing the legislature to enact laws providing that in Fulton County, a chief clerk, or assistant or deputy may he appointed and in case of a vacancy in the office of the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, or County Treasurer of said County, fill out the unexpired term of such officer."
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 he made in like manner as returns for members of the General Assembly, and it shall he the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment he ratified make proclamation thereof.
SECTION 4.
Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act he and the same are hereby repealed.

THURSDAY, MARCH 16, 1939

815

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Cail Causey Chastain Cochran
Cloud Daves Dawson Dunn Durden

Estes Fortson Groover Hass Holt Howe Ingram Jordan Kelley
Lindsay Manning McCranie McGinty Millican

Moate Moore Redman Sanders Sears Smith, 12th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 40, nays 0.

Not voting: Senators Boykin, Brown, Dorminy, Harrell, New, Nix, Palmour, Padgett, Smith of the 24th, Warnell, Mavity.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

Senator Sanders of the 36th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Finance, read the second time, and recommitted:

By Mr. Key of Jasper-

House Bill No. 124. A bill to fix the taxable situs of intangible property; and for other purposes.

The consent was granted.

The following bill of the House was read the third time and put upon its passage:

By Messrs. Candler, Turner and Sams of DeKalb--House Bill No. 673.

816

JOURNAL OF THE SENATE,

A BILL
To be entitled an Act to amend Paragraph 1, Section 13 of Article 6, of the Constitution of Georgia regulating the salaries of judges of the Superior Court by providing for the payment from the County Treasurer of DeKalb County to the Judge of the Circuit of which said county is a part, an additional compensation; and for other purposes.
SECTION 1.
The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to Paragraph 1, of Section 13, of Article 6, of the Constitution of this State, as follows: By adding to Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia as it now is the following:
"Provided, that the County of DeKalb from .and after January 1, 1940, shall pay from its treasury to the Superior Court judges of the Circuit of which it is a part in addition to the salary paid each judge from the State Treasury, the sum of Twenty Five Hundred Dollars per annum to each judge, and said payments are declared to be a part of the court expenses of such county.
SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed in their ballots the words, "for amendment to Paragraph one of Section 13 of Article 6 of the Constitution, providing for additional compensation to be paid by DeKalb County, to the judges of the Circuit to which it is a part," If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly to county and ascertain the result, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.
SECTION 3.
Be it further enacted that all laws or parts of laws in conflict herewith are repealed.

THURSDAY, MARCH 16, 1939

817

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Holt Ingram Jordan Kelley Lindsay Manning McCranie McGinty Millican

Moate Moore Palmour Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 41, nays 0.

Not voting: Senators Boykin, Brown, Hass, Howe, Mavity, New, Nix, Padgett, Twiggs, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

Senator Brinson of the 42nd district movtd that the Senate do now adjourn, and the motion was lost.

The following bills of the House were read the third time and put upon their passage:

By Mr. Jones of Brantley-

Hause Bill No. 84. A bill to change the time of holding the superior court of Brantley county; and for other purposes.

The committee offered the following amendment, which was adopted:

The committee moves to amend House Bill No. 84 by striking Section and substituting in lieu thereof a new section to be numbered Section 1, and to read as follows:

"That on Stptember 1st, 1939, after the passage of this Act, the superior court of Brantley county, Georgia, shall be held on the first Monday in Sep-

818

JOURNAL OF THE SENATE,

ternber and the third Monday in January in each year and the first term of said court to be held under the provisions of this Act shall be the first Monday in September, 1939."
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 359.

AN ACT
To amend Paragraph 2, of Section 6, Article 7, of the constitution of the State of Georgia so as to authorize th~ General Assembly to enact laws creating a civil service commission and civil service system and/or merit system for employes of Fulton county and for employees and deputies of county officers of Fulton county; and, further, to establish tenure of office for such employees and deputies and define the powers, duties, responsibility of the civil service commission, employees and deputies corning under civil service classification, and county officers; and further, to provide exceptions and exemptions to the operation of said laws; 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. That the constitution of the State of Georgia is hereby amended as follows: By adding to Paragraph 2, of Section 6, of Article 7, thereof, the following words, to-wit:
"The General Assembly shall have the authority, however, to enact laws creating a civil service commission and establishing a civil service system and/or merit system for county employees and employees and deputies of county officers of Fulton county, including deputies and employees of the sheriff, tax collector, tax receiver, treasurer, clerk of the superior court and ordinary of said county, and in connection therewith to define and prescribe powers and duties of such civil service commission and such employees and deputies; and to enact laws defining the relation, obligation, duty and responsibility of employees and deputies under civil service classification with respect to county officers, and further to define the relative responsibility, obligation and duty of officers of Fulton county with respect to employees and deputies corning under civil service classification; to enact laws establishing tenure of office for such employees and deputies and to provide in what manner and for what reasons they may be removed or suspended from office ; and to provide exceptions and exemptions to the operation of said laws."

THURSDAY, MARCH 16, 1939

.819

SECTION 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state, for two months next preceding the time of holding the next general election.

SECTION 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the constitution authorizing the Legislature to enact laws creating a civil service commission and civil service system and/or merit system for employees of Fulton county and for employees and deputies of county officers of Fulton county," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the constitution authorizing the Legislature to enact laws creating a civil service commission and civil service system and/or merit system for employees of Fulton county and for employees and deputies of county officers of Fulton county." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

SECTION 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brooks Brown

Cail Causey Cochran Cloud Daves

Dawson Dorminy Dunn Durden Estes

820

JOURNAL OF THE SENATE,

Fortson Groover Holt Howe Ingram Jordan Kelley Lindsay Manning

McGinty Millican Moate Moore New Palmour Redman Sanders Sears

Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 40, nays 0.

Not voting: Senators Boykin, Brinson, Chastain, Harrell, Hass, Mavity, McCranie, Nix, Padgett, Smith of the 12th, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

Senator Durden of the lOth district asked unanimous consent that the Senate re-convene at 6 P. M., for a brief session, and the consent was granted.

The following bill of the House was read the third time and put upon its passage:

By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 270. A bill to provide for and regulate the compensation of court reporters in the superior courts of certain counties; and for other purposes.

The committee offered the following amendment, which was adopted:

By striking the words in Section 1, line 6, "forty-two" and inserting in lieu thereof "thirty-six."

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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

Senator Smith of the 24th moved that the Senate recess until 6 P. M., and the motion prevailed.
The Senate re-convened at 6 P. M., and resumed the regulation transaction of business.
Senator Millican of the 52nd district moved that the Senate insist upon its substitute to House Bill No. 637, and that a committee of conference be appointed to confer with a like committee on part of the House, and the motion prevailed.

THURSDAY, MARCH 16, 1939

821

The President appointed under the above motion Senators Smith of the 24th, Daves of the 14th and Harrell of the 7th districts.

By unanimous consent, the following bill of the House was withdrawn from

the Committee on Highways and Public Roads, read the second time, and re-

committed:



By Mr. Herndon of Hart-

House Bill No. 386. A bill to amend the highway mileage Act; and for other purposes.

Senator Lindsay of the 34th district asked unanimous consent to have the following bill of the House re-committed to the Committee on General Judiciary No. 1:

By Mr. Campbell of Newton-

House Bill No. 649. A bill regulating political primary elections m state senatorial districts; and for other purposes.

The consent was granted.

Senator Dunn of the 22nd district moved that the Senate do now adjourn, and the motion prevailed.

The President announced the Senate adjourned until 9:30 o'clock tomorrow morning.

822

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Friday, March 17th, 1939.
The Senate met pursuant to adjournment at 9 :00 o'clock 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 to dispense with the call of the roll, and the consent was granted.
Senator Williams of the 31st district, vice-chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Sanders of the 36th district asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:
1. Reports of standing committees, at any time during sessiOn.
2. Second reading of bills and resolutions favorably reported.
3. Putting on passage local uncontested House bills ready for a third reading.
4. Putting on passage general bills and resolutions ready for a third reading. 5. Immediate transmission to House of all measures passed.
The consent was granted.
Senator Fortson of the 50th district moved that the following bill of the House be withdrawn from the Committee on General Judiciary No. I, read the second time, and re-committed to the Committee on Privileges and Elections:
By Mr. Campbell of Newton-
House Bill No. 649. A bill regulating primary political elections m senatorial districts; and for other purposes.
The motion prevailed.
The following report of the W. & A. Commission was read and ordered incorporated into the journal:
To the Members of the Senate and House of Representatives:
Under authority of Act approved March 28th, 1935, page 468, Georgia Laws, there was created the State Properties Commission, composed of the Governor of

FRIDAY, MARCH 17, 1939

823

the State, Chairman of the Public Service Commission and the State Treasurer. This Commission was formed for the purpose of managing, controlling, leasing and preserving the hotel properties located in Chattanooga, Tennessee.
Under date of June 28th, 1935, this Commission leased the Plaza Hotel to the Plaza Hotel Company, Incorporated, Paul N. McQuiddy, President, for a period of five years commencing June 1st, 1935, at a yearly rental of $6,075.00, with the privilege of renewing this lease for a further term of five years from June lst, 1940, to May 1st, 1945, at a yearly rental of $10,600.00.
The lease further stipulated that not less than $12,000.00 should be expended by the lessee in maintenance within the period of the first five years. To date there has been expended the total sum of $21,944.78 under this agreement in maintenance.
The Eastern Hotel was leased at the same time to the Eastern Hotel Company, operated by Mr. and Mrs. P. C. Steele, at a yearly rental of $4,200.00 with an option to renew at the expiration of the first five years for another five years at a yearly rental of $5,400.00.
When these properties were taken over by this Commission, there was $20,000.00 in back taxes unpaid, both buildings were in a dilapidated condition, which, of course, made the value of the property far below normal. This Commission has, by its operation, paid off the entire back indebtedness for taxes and greatly enhanced the values of the properties. All taxes due to the City of Chattanooga, Hamilton County, and the State of Tennessee, are paid in full to date and we have established the practice of paying the taxes in time to get the discounts allowed.
The Plaza Hotel is a valuable property and classed as a second rate hotel. The Eastern Hotel is valuable because of its location, but is distinctly a third class hotel. These properties are located in the heart of the City of Chattanooga and we feel that at the expiration of the leases for the first five years, when the difficulties encountered when this Commission took over this property, are overcome, they will yield a commensurate revenue to the State in relation to their normal value. As the properties have been inspected by the W. and A. Committee of the Senate and House of Representatives within the past thirty days, we do not feel that it is necessary to further amplify this report.
This report is made to your body in conformity with the requirements of the Acts of 1935 creating the Hotel Properties Commission.
State Properties Commission.
E. D. Rivers, Governor.
W. R. McDonald, Chairman, Public Service Commission.
Geo. B. Hamilton, State Treasurer.
March 17, 1939.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, ~ubmitted the following report:

824

JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Privileges and Elections 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. 649, Do pass.
Respectfully submitted,
McCranie of 48th district, chairman.
Withdrawn and committed to General Judiciary No. 1.
Withdrawn from General Judiciary No. 1 and referred to Committee on Privileges and Elections, March 17th, 1939.
Mr. McCranie of the 48th district, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bill of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 649. Do pass, as amended.
Respectfully submitted,
McCranie of 48th district, chairman.
Mr. Manning of the 39th 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 House with the following recommendation:
House Bill No. 820. Do pass.
Respectfully submitted,
Manning of 39th district, chairman.
Mr. Howe of the 38th 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 bills of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:

FRIDAY, MARCH 17, 1939

825

House Bill No. 803. Do not pass. House Bill No. 754. Do not pass.
House Bill No. 755. Do pass, as amended.
Respectfully submitted, Howe of 38th district, chairman. By Millican, acting secretary.
Mr. Manning of the 39th 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. 822. Do pass, as amended. Respectfully submitted, Manning of 39th district, chairman.
Mr. Cail of the 17th district, chairman of the Committee on Highways and Public Roads, submitted the following report: Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following bills and resolution of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 124-467 A. Do pass. House Bill No. 677. Do pass. House Bill No. 386. Do pass. House Bill No. 478. Do pass.
Respectfully submitted, Cail of 17th district, chairman.
Mr. Harrell of the 7th district, chairman of the Committee on Finance, submitted the following report: Mr. President:
Your Committee on Finance have had under consideration the following

826

JOURNAL OF THE SENATE,

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. 124. Do pass, as amended.
Respectfully submitted,
Harrell of 7th district, chairman.
Senator Durden of the lOth district asked unanimous consent to have the following bills of the House withdrawn from the Committee on State of the Republic, read the second time, and re-committed:
By Mr. Henderson of Irwin-
House Bill No. 446. A bill to reduce the salaries of state employees; and for other purposes.
By Mr. Allen <f Dougherty-
House Bill No. 810. A bill to amend the general tax Act to provide that no person shall be exempt from any tax imposed who has more than one employee; and for other purposes.
The consent was granted.
Senator Groover of the 37th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Penitentiary, read the second time, and re-committed:
By Mr. Kennedy of Tattnall-
House Bill No. 322. A bill authorizing the Governor to sell certain lands in Tattnall county; and for other purposes.
The consent was granted.
Senator Lindsay of the 34th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Public Welfare, read the second time, and recommitted:
By Messrs. Marion and J. H. Ennis of Baldwin-
House Bill No. 698. A bill providing for the sale of surplus products of institutions under the control of the public welfare department; and for other purposes.
The consent was granted.
Senator Harrell of the 7th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Finance, read the second time, and recommitted:
By Messrs. Harris of Richmond and Parker of Colquitt-

FRIDAY, MARCH 17, 1939

827

House Bill No. 591. A bill continuing the present rate of taxation on beer; and for other purposes.
The consent was granted.
Senator Thrasher of the 27th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Appropriations, read the second time, and recommitted:
By Messrs. Blackshear and Terrell of Hall-
House Bill No. 244. A bill appropriating money to buy certain law books for Hall county, destroyed by hurricane; and for other purposes.
The consent was granted.
Senator Lindsay of the 34th district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Banks and Banking, read the second time and re-committed:
By Mr. Swindle of Berrien-
House Bill No. 414. A bill giving private bankers the right to charge exchange on checks; and for other purposes.
1rhe consent was granted.
Senator McGinty of the 43rd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Agriculture, read the second time, and re-committed:
By Messrs. McBride of Montgomery and Edwards of Lowndes-
House Bill No. 407. A bill providing for the purchase and administering of .hog cholera serum and virus; and for other purposes.
The consent was granted.
Senator Smith of the 24th asked unanimous consent to have the following bill of the House withdrawn from the Committee on General Judiciary No. 2, read the second time, and re-committed:
By Mr. MeN all of Chatham-
House Bill No. 449. A bill amending the Code of 1933 relating to sales by pawnees; and for other purposes.
The consent was granted.
Senator Fortson of the 50th district asked unammous consent to have the following bill of the House withdrawn from the Committee on Game and Fish, read the second time, and re-committed:
By Mr. Graham of Brooks-

!l28

JOURNAL OF THE SENATE,

House Bill No. 638. A bill to prohibit goats from running at large in Brooks county; and for other purposes.
The consent was granted.
Mr. Thrasher of the 27th 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. 638. Do pass.
Respectfully submitted,
Thrasher of 27th district, chairman.
Mr. Harrell of the 7th 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. 591. Do pass.
Respectfully submitted,
Harrell of 7th district, chairman.
Mr. Sanders of the 36th 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. 683. Do pass.
Respectfully submitted,
Sanders of 36th district, chairman.
Mr. Twigg;s of the 40th 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 considera-

FRIDAY, MARCH 17, 1939

829

tion 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. 436. Do pass. House Bill No. 554. Do pass.
Respectfully submitted,
Twiggs of 40th district, chairman. Mr. Manning of the 39th 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 ot the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 809. Do pass.
House Bill No. 358. Do pass. Respectfully submitted, Manning of 39th district, chairman.
Mr. Brooks of the 8th 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. 414. Do pass.
Respectfully submitted,
Brooks of 8th district, chairman.
Mr. Palmour of the 33rd 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. 244. Do pass, as amended.
House Bill No. 759. Do pass.

830

JOURNAL OF THE SENATE,

House Bill No. 760. Do pass.

House Bill No. 761. Do pass.

Respectfully submitted,

Palmour of 33rd district, chairman.

Mr. McGinty of the 43rd 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:

House Bill No. 407. Do pass.

Respectfully submitted,

McGinty of 43rd district, chairman.

Mr. Sanders of the 36th district, chairman of the Committee on Special J udiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following resolutions of the House and have instructed me, as ch~irman, to report the same back to the Senate with the following recommendations:

House Resolution No. 64-259 E. Do pass.

House Resolution No. 132-497 A. Do pass.

House Resolution No. 61-259 B. Do pass.

Respectfully submitted,

Sanders of 36th district, chairman.

Mr. Durden of the lOth 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 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. 446. Do pass, by committee substitute, as amended.

House Bill No. 681.

Do not pass. Respectfully submitted, Durden of lOth district, chairman.

FRIDAY, MARCH 17, 1939

831

Mr. Causey of the 46th district, chairman of the Committee on Public Welfare, submitted the following report:
Mr. President:
Your Committee on Public Welfare 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. 698. Do pass.
Respectfully submitted,
Causey of 46th district, chairman.
Mr. Williams of the 21st 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 thf! Senate with the following recommendations:
House Resolution No. 62-259 C. Do pass, as amended.
House Resolution No. 63-259 D. Do pass, as amended.
Respectfully submitted,
Williams of 21st district, chairman.
Mr. Groover of the 37th district, chairman of the Committee on Penitentiary, submitted the following report:
Mr. President:
Your Committee on Penitentiary have had under consideration the following bill of the Hou.>e and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 322. Do pass.
Respectfully submitted,
Groover of 37th district, chairman.
. Mr. Howe of the 38th district, chairman of the Committee on General J udiciary 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:

832

JOURNAL OF THE SENATE,

House Bill No. 823. Do pass.
Respectfully submitted,
Howe of 38th district, chairman.
Mr. Abbot of the 18th district, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills and resolutions of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 607. Do pass.
House Bill No. 694. Do pass.
House Resolution No. 165-647 A Do pass.
Respectfully submitted,
Abbot of 18th district, chairman.
Senator Millican of the 52nd district asked unanimous consent to have the following bill of the House withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
By Mr. Etheridge of Fulton-
House Bill No. 654. A bill to amend the charter of the City of Atlanta by providing. for a department of public safety; and for other purposes.
The consent was granted:
The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Davis of Floyd-
House Bill No. 436. A bill to amend Section 32-1004 of the Code of 1933 so as to change the qualifications of the county superintendents of schools of all counties of population of 40,000 and above; and for other purposes.
By Mr. Dean of Rockdale-
House Bill No. 478. A bill to provide for the distribution of funds received from state highway contracts with counties; and for other purposes.
By Messrs. Hatchett of Meriwether and Harris of Richmond-
House Bill No. 554. A bill to repeal Code Section 32-1601 relating to the enumeration of school children, and to repeal Code Section 32-1603 giving the state

FRIDAY, MARCH 17, 1939

833

board of education authority to make a new enumeration when in doubt; and for other purposes.

By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton and Messrs. Cand-

ler, Sams and Turner of DeKalb-

.

House Bill No. 607. A bill to propose to the qualified voters an amendm~nt to Article 7, Section 7, Paragraph l, of the constitution, so as to authorize the boards of education of Fulton and DeKalb counties to make loans; and for other purposes.

By Messrs. Looper of Dawson, Warren of Forsyth and Barrett of Cherokee-

House Bill No. 677. A bill to amend the Neill-Traylor Act authorizing the highway board to add a certain road in Dawson county; and for other purposes.

By Mr. Swindle of Berrien-

House Bill No. 683. A bill to create and establish the city court of Nashville, in the County of Berrien; and for other purposes.

By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-

House Bill No. 694. A bill to amend Article 7, Section 7, Paragraph l, of the constitution to require the Fulton county board of education to assume certain bonded indebtedness; and for other purposes.

By Messrs. Harris, Lanier and Jones of Richmond-

House Bill No. 742. A bill to amend Article 7, Section 7, Paragraph l, of the constitution so as to authorize the city council of Augusta to make temporary loans; and for other purposes.

By Mr. Sapp of Coffee-

House Bill No. 755. A bill to repeal an Act entitled An Act to establish the city court of Douglas, in Coffee county; and for other purposes.

By Mr. Allison of Gwinnett-
House Bill No. 759. A bill to appropriate certain sums of money to the state veterinarian for making payments to owners of cattle reacting to test for Bang's disease; and for other purposes.

By Messrs. Marion and J. H. Ennis of Baldwin and Lanham and Davis of Floyd-
House Bill No. 760. A bill to appropriate $483,991.05 to the state depart~ ment of public welfare for certain uses; and for other purposes.

By Mr. Key of Jasper-
House Bill No. 761. A bill to appropriate money for the maintenance of the legislative department; and for other purposes.

By Messrs. Sabados and Allen of Dougherty-

834

JOURNAL OF THE SENATE,

House Bill No. 809. A bill to amend Code Section 855 (aa), Parks 1914 Annotated Code, so as to authorize persons holding office under municipal corporations in Georgia and a certain population to sell goods, wares and merchandise; and for other purposes.
By Mr. Harrison of Jenkins-
House Bill No. 820. A bill creating a_ new charter for the City of Millen; and for other purposes.
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to amend an Act creating a new charter for the City of Baxley; and for other purposes.
By Messrs. Jones of Paulding, Trippe and Franklin of Polk and Fowler of Douglas-
House Bill No. 823. A bill to abolish the fee system now ex1stmg in the superior courts of the Tallapoosa circuit; as applied to the office of solicitor general; and for other purposes.
The following resolutions of the House, favorably reported by committees, were read the second time:
By Mr. Cook of Chattooga-
House Resolution No. 61-259 B. A resolution relieving Dr. W. B. Hair of the bond of L. N. Roberson; and for other purposes.
By Mr. Pannell of Murray-
House Resolution No. 62-259 C. A resolution authorizing the state librarian to furnish certain books to the County of l\1urray; and for other purposes.
By Mr. Pannell of Murray-
House Resolution No. 63-259 D. A resolution authorizing the state librarian to furnish certain volumes of Georgia reports to Murray county; and for other purposes.
By Mr. Cook of Chattooga-
House Resolution No. 64-259 E. A resolution relieving Surety W. B. Hair from bond forfeiture in Chattooga city court; and for other purposes.
By Mr. Almand of WaltonHouse Resolution No. 124-467 A. A resolution to officially designate state
highway route 10, from Athens via Monroe and Stone Mountain to Atlanta, as "The Stone Mountain Memorial Highway"; and for other purposes.
By Mrs. Mankin of FultonHouse Resolution No. 132-497 A. A resolution authorizing the Governor to

FRIDAY, MARCH 17, 1939

835

sell a certain tract of land located on Murphy avenue and Sylvan road in Atlanta, now held by the state for the development of a farmer's market; and for other purposes.
By Mr. Holtzendorff of Ben Hill-
House Resolution No. 165-647 A. A resolution proposing to the voters an amendment to Article 7, Section 6, Paragraph 1, of the constitution, so as to authorize the City of Fitzgerald to levy a tax to be used to promote new industries; and for other purposes.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Atkinson and Grayson of Chatham-
House Bill No. 757. A bill to amend the several Acts incorporating the mayor and aldermen of Savannah, so as to extend the city limits; and for other purposes.
The committee offered the following amendments, which were adopted:
The committee of the Senate on Municipal Corporations moves to amend House Bill No. 757 by adding the following sections to said bill, in place of Sections 3 and 4 of the bill, as passed by the House:
"Section 3. Be it further enacted by the authority aforesaid, that the board of education of Chatham county, Georgia, shall be and is hereby required to furnish to the school children of the area included in this bill the same transportation facilities to and from school that are now being enjoyed by such school children; it being the purpose of this section to preserve to the children of this area the same privilege they now enjoy by reason of living outside of the city limits of Savannah.
"Section 4. Be it further enacted by the authority aforesaid that by July 1, 1940, the mayor and aldermen of the City of Savannah shall furnish to the settled area included in this Act, reasonable police, health, and garbage disposal services, and that as soon as practicable thereafter, the said mayor and aldermen shall furnisi). to the densely populated area included herein reasonable water, drainage, and .other municipal facilities."
Sections 3 and 4 of the bill shall be numbered Sections 5 and 6.
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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Barrett of Cherokee-
House Bill No. 750. A bill to re-incorporate the town of Woodstock; and for .other purposes.

836

JOURNAL OF THE SENATE,

The committee offered the following amendment, which was adopted:
Amend Section 37 by adding at the end of said section the following:
"Provided, however, that the provision of this section shall not apply to property assessed for ad valorem taxation by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of 1937-1938."
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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mrs. Mankin and. Messrs. Etheridge and Kendrick of Fulton-
House Bill No. 653. A bill to amend the charter of the City of East Point; and for other purposes.
Senator Millican offered the following amendments, which were adopted:
Amend Section 27 by adding at the end of said section the following: "Provided, however, that the provisions of this section shall not apply to property assessed for ad valorem taxation by the state revenue commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of Georgia General Assembly, 1937-1938."
Amend Section 31 by striking said section and inserting in lieu thereof the fol.lowing: "Said city shall have authority to regulate the use of its streets for business purposes, including the right to impose a reasonable license tax on persons using its streets for business purposes."
Amend Section 52 by striking same in its entirety and inserting in lieu the following: "For water furnished, and for all sewerage and sanitary service rendered, said city shall have a lien prior and superior to all other liens, claims or demands except taxes, against the premises served, whether the owner of such premises be the customer or not, from the date the water is contracted for, or such services commences, up to and until all charges therefor shall have been paid in full."
Amend Section 22 by striking all of said section after the word "lot" on line 4 and inserting after the word "lot" on line 4 the following: "and the sanitary tax in no case shall be less than three dollars."
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as
~mended.

FRIDAY, MARCH 17, 1939

837

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following resolutions of the House, to-wit:
By Mr. Coogler of Clayton-
House Resolution No. 34-156 A. A resolution authorizing the state librarian to furnish certain law books to the clerk of the superior court of Clayton county; and for other purposes.
By Mr. Cobb of Oconee-
House Resolution No. 37-160 B. A resolution authorizing the state librarian to furnish certain law books to Oconee county; and for other purposes.
By Mr. Guyton of Effingham-
House Resolution No. 46-186 B. A resolution to supply Effingham county with certain supreme court reports; and for other purposes.
By Messrs. Rountree and Flanders of Emanuel-
House Resolution No. 51-214 A. A resolution authorizing the state librarian to furnish certain law reports to Emanuel county; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Messrs. Hatchett and McGraw of Meriwether-
House Bill No. 378. A bill to be entitled an Act to establish a city court of Greenville; and for other purposes.
By Mr. Tippins of Wilcox-
House Bill No. 540. A bill to be entitled an Act to abolish the county treasury of Wilcox county and to provide for a county depository; and for other purposes.
The House has agreed to Senate Amendment No. 1 and disagreed to Senate Amendment No.2 to the following bill of the House, to-wit:
By Messrs. Gowen of Glynn, Ferguson of Camden, Yeomans of Wayne, Vickery of Charlton, DeFoor of Mcintosh, Smiley of Liberty, Hill of Screven, Bennett of Ware, Rawlins of Telfair, Hinson of Jeff Davis and Aiken of Bulloch-
House Bill No. 354. A bill to be entitled an Act to fix the date of the opening of the hunting season for a certain territory in this state; and for other purposes.

838

JOURNAL OF THE SENATE,

The following resolution of the House was read the third time and put upon its passage:
By Mr. Forrester of Dade-
House Resclution No. 60. A resolution furnishing certain law books to Dade county.
The committee offered the following amendment, which was adopted:
By striking the words "and directed" and the words "and supply" in the third paragraph of said resolution, so as to make said resolution permissive instead of mandatory.
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
The following bill of the House was read the third time and put upon its passage:
By Mr. Kennedy of Tattnall-
House Bill No. 793. A bill providing for five members of the board of commissioners of roads and revenues for 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 passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read the third time and put upon its passage:
By Messrs. Goddard and Purdy of Spalding-
House Resolution No. 55. A resolution furnishing certain law books to Spald-
Ing county; and for other purposes.
The committee moved to amend House Resolution No. 55-24 A by striking the words, "and directed," in the third line of the second paragraph of said resolution so as to leave the said resolution permissive instead of mandatory.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the pa~sage of the resolution, the ayes were 35, nays 0.

FRIDAY, MARCH 17, 1939

839

The resolution, having received the requisite constitutional majority, was passed as amended.
The following resolutions of the House were read the third time and put upon their passage:
By Messrs. Bloodworth, Merritt and Grit;e of Bibb-
House Resolution No. 93. A resolution furnishing certain law books to Bibb county; and for other purposes.
The committee offered the following amendment, which was adopted:
Committee moves to amend House Resolution No. 93-361 C by striking the words, "and directed," in the second paragraph of said resolution so as to make said resolution permissive instead of mandatory.
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
By Messrs. Simmons and Mills of Decatur-
House Resolution No. 142. A resolution furnishing certain law books to Decatur county; and for other purposes.
The committee offered the following amendment, which was adopted:
Committee moves to amend House Resolution No. 142-533 B by striking the word, "required," and the words, "and directed," in the fourth paragraph of said resolution, so as to make said resolution permissive instead of mandatory.
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
By Mr. Clark of Catoosa-
House Resolution No. 171. A resolution furnishing certain law books to Catoosa county; and for other purposes.
The committee offered the following amendment, which was adopted:
Committee moves to amend House Resolution No. 171-740 A by striking the words, "and directed," in the third line of paragraph three of said resolution, so as to make said resolution permissive instead of mandatory.

840

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.
By Mr. Lanham of FloydHouse Resolution No. 186. A resolution furnishing certain law books t~ Floyd
county; and for other purposes.
The committee offered the following amendment, which was adopted:
The committee moves to amend House Resolution No. 186-807 A, by striking the words, "and directed," in paragraph four, line three, of said resolution so as to make said resolution permissive instead of mandatory.
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to;
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, 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 31st district-
Senate Resolution No. 52. A resolution naming the bridge over the Chattahoochee River between Habersham and White counties "The Sidney Lanier Bridge."
The following bill of the House was read the third time and put upon its passage:
By Mr. Key of Jasper-
House Bill No. 124. A bill fixing the taxable situs of intangible trust property; and for other purposes.
Senator Sanders of the 36th district moved to amend House Bill No. 124 by adding after the word "property" in line 1 the following: "which trust was or is created by a resident of this state."
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, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, MARCH 17, 1939

841

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Dunn of the 22nd district-
Senate Bill No. 14. A bill to be entitled an Act to advertise Georgia as the "Peach State" on the motor vehicle tags; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senator Dunn of the 22nd district-
Senate Bill No. 14. A bill to repeal Section 68-214 of the Code of 1933 relative to imposing a "peach" character upon license tags to advertise Georgia as the "Peach State"; and for other purposes.
The House offered the following amendment:
Mr. Bloodworth of Bibb moves to amend Senate Bill No. 14 by striking therefrom what is known as Section 1 and substituting in lieu thereof the following to be known as Section 1:
That Section 68-214 of the Code of 1933 which provides that "68-214. Number plates; description; transfer; duplicates; fees. Upon receipt of application and the payment of the required fee, the State Revenue Commission shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. The Commission shall furnish also without cost two metal number plates showing thereon the serial number designated to such vehicle. Number plates shall be of metal at least seven inches wide and not less than 16 inches in length, and shall show in bold characters the year of registration, serial number, and abbreviation of the name of the state, and such other distinctive markings as in the judgment of the Commission may be deemed advisable, so as to indicate the class or weight of the vehicle for which the number plates were issued. Duplicate number plates, when one of the originals has been lost, defaced, or destroyed, may be obtained from the Commission upon filing affidavit setting forth the facts of such loss or destruction, and the payment of a fee of $1.00. A number when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any motor vehicle other than the one to which it is assigned, and any use of said number by any person or persons in any manner not provided for in this law shall be a violation of said law. Provided, however, that where a motor vehicle has been duly registered in the office of the State Revenue Commission, and the number assigned to said vehicle for the year, the owner of said motor vehicle to which said number has been assigned may upon sale or exchange of said motor vehicle, transfer and assign the number assigned to said motor vehicle to the purchaser of said machine, by registering such transfer in the office of the State

842

JOURNAL OF THE SENATE,

Revenue Commission and by paying fifty cents (.50), which shall accompany said transfer or registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number is recorded, (Acts 1927, page 223 ; 1931, pages 7, 34)" be and the same is hereby repealed.
Senator Dunn of the 22nd district moved that the Senate agree to the House amendment, and the motion prevailed.
The following resolution of the House was read the third time and put upon its passage:
By Messrs. Allison and Pharr of Gwinnett-
House Resolution No. 128. A resolution furnishing certain law books to Gwinnett county; and for other purposes.
Senator Cochran of the 23rd district offered the following amendment, which was adopted :
Senator Cochran of the 23rd district moves to amend House Resolution No. 128-480 A, as follows:
Whereas, in 1935 and 1936 the court house in Taylor county was razed for the purpose of constructing a new one; and
Whereas, in the moving of the equipment from the old building and into the new one certain volumes of the Supreme Court Reports and also of the Court of Appeals Reports belonging to Taylor county were lost or destroyed; and
Whereas, the business of the Superior Court of Taylor county is hampered and delayed on account of said missing volumes.
Be it therefore resolved, by the General Assembly of Georgia, that the state librarian be and she is hereby directed to supply to the proper authorities of Taylor county the following volumes of the supreme court reports, to-wit: 2, 62, 63, 67, 70, 80, 87, 103, 127, 128, 130, 145, 151, 152, 155, 156, 161, 166, 173, 180.
Also the following Reports of the Court of Appeals, to-wit: 7, 15, 16, 18, 25, 27, 28, 30, 36, 38, 46, 47, 52, 53.
The committee offered the following amendment, which was adopted:
The committee moves to amend House Resolution No. 128-480 A by striking the words, "directed to supply" in the third paragraph of said resolution, and inserting in lieu thereof, the word, "authorized."
The report of the committee, which was favorable to the passage of the resolution, was agreed to as amended.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended.

FRIDAY, MARCH 17, 1939

843

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Millican of the 52nd district-
Senate Bill No. 57. A bill to be entitled an Act to amend an Act regulating primary elections in this state; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 71. A bill to be entitled an Act to provide for the holding of four terms a year of the superior court of Screven county; and for other purposes.
By Senator Dawson of the 2nd district-
Senate Bill No. 196. A bill to be entitled an Act to repeal the Act creating the office of tax commissioner of Liberty county; and for other purposes.
By Senator Cail of the 17th district-
Senate Bill No. 202. A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the City of Sylvania to incur a bonded indebtedness; and for other purposes.
By Senator Brinson of the 42nd district-
Senate Bill No. 217. A bill to be entitled an Act to amend the charter of the City of Summerville; 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 Warnell of the 1st districtSenate Bill No. 177. A bill to be entitled an Act to propose to the voters an
amendment to Article 7, Section 7, Paragraph 1, of the constitution, so as to authorize the City of Savannah to incur an additional bonded indebtedness; and for other purposes.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Parker and Barlow of ColquittHouse Bill No. 219. A bill amending the compulsory school law; and for
other purposes.
Senator Millican of the 52nd district offered the following amendment, which was adopted :

844

JOURNAL OF THE SENATE,

To amend House Bill No. 219 by striking in line 4, of Section 1, the words "and thirty (30 days) on the public works of said state (chain gang) for each offense, any one or all of said penalties in the discretion of said court," and add the words "for each offense."

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, Senator McCranie of the 48th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Bridges Brinson Brown Causey
Chastain Cloud Daves Dorminy Durden Estes Fortson
Groover

Harrell Holt Howe Ingram Jordan Kelley Lindsay Manning
Millican Moate Moore New

Nix Palmour Redman Sanders Sears 'Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

Those voting in the negative were Senators:

Abbot Brooks

Dawson Dunn

McCranie Padgett

On the passage of the bill, the ayes were 35, nays 6.

Not voting: Senators Boykin, Brannen, Cail, Cochran, Hass, Mavity, Smith of the 12th, Smith of the 24th, Thomason, McGinty.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, h::ving received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate was read and adopted:

By Senators Spivey of the 16th, Durden of the lOth and Harrell of the 7th districts-

Senate Resolution No. 66. A resolution adopting "The Georgian Waltz" as the official waltz of the state; and for other purposes.

The following report of the Conference Committee on House Bill No. 637 was read and adopted by unanimous consent:

FRIDAY, MARCH 17, 1939

845

Mr. President:
Your confert"nce committee appointed on House Bill No. 637, submit the following report:
1. The Senate recedes from its position as to its amendment or substitute for said House bill.
2. Your committee amends said House Bill No. 637 by striking from Section 3, thereof, the figures "$7,000.00," and substituting in lieu thereof the figures "$6,000.00."
Respectfully submitted,
On the Part of the Senate:
Harrell of the 7th district.
Smith of the 24th district.
Daves of the 14th district.
On the Part of the House:
Culpepper of Fayette.
Harrison of Jenkins.
Grayson of Chatham.
The following resolution of the Senate was read and adopted:
By Senators Durden of the lOth, Harrell of the 7th, Smith of the 24th, Brooks of the 8th and Brinson of the 42nd districts-
Senate Resolution No. 67.
A RESOLUTION
Whereas, tht: state board of education, the Governor, the superintendent of schools, and the department of education of this state, have rendered valiant service to the schools of this state and to the teachers thereof; have undertaken to do the very best they possibly could to pay the school teachers of the state; have followed the law in every particular and have been diligent as to their duties and responsibilities;
Therefore be it resolved by the Senate that the Senate express its confidence and appreciation to the state board of education, the Governor, the superintendent of schools, and to the education department of this state and commends the aforesaid officials for their fight to pay the teachers of this state and the Senate laments that revenue measures which would have enabled the payment of teachers, the continuation of our schools in operation and a completion of the school program were not presented to it by the House of Representatives so that the Senate could have co-operated fully in financing the schools.

846

JOURNAL OF THE SENATE,

The Senate recessed from 12:30 to 1:30 P. M., and reconvened for the regular transaction of business.
The following bill of the House was read the third time and put upon its passage:
By Mr. Allison of Gwinnett-
House Bill No. 213. A bill amending the Motor Vehicle Act by providing that motor vehicles operating within a radius of five miles from a railroad depot shall not be deemed a common or contract carrier for hire; and for other purposes.
Senator Lindsay of the 34th district offered the following amendment, which was adopted:
Amends House Bill No. 213 as follows by adding the following words at the end of Section 1 :
"This provision shall have no application to the regular vehicular fees charged for all private motor vehicles, carriers."
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution of the Senate was read and adopted:
Senate Resolution No. 68.
GEORGIA STATE SENATE
By Senators Brooks of the 8th, Brown of the 4th, Harrell of the 7th, McGinty of the 43rd, Estes of the 35th, Moore of the 47th, Fortson of the 50th, Dawson of the 2nd, McCranie of the 48th, Jordan of the 15th, Daves of the 14th, Millican of the 52nd, Dunn of the 22nd, Manning of the 39th, Durden of the lOth, Causey of the 46th, Moate of the 20th, Ingram of the 51st, Padgett of the 6th, Boykin of the 29th, Williams of the 31st, Cloud of the 1~th, Groover of the 37th, Cochran of the 23rd, Willi,amson of the 13th, Redman of the 26th, Chastain of the 41st, Thrasher of the 27th, Sears of the 5th, Howe of the 38th, Abbot of the 18th, Holt of the 3rd, Thomason of the 28th, Williams of the 21st, Dorminy of the 45th, Brannen of the 49th, Smith of the 12th, Sanders of the 36th, Nix of the 32nd, New of the 25th, Twiggs of the 40th, Warnell of the 1st, Lindsay of the 34th, Cail of the 17th, Palmour of the 33rd, Brinson of the 42nd, Kelley of the 30th, Bridges of the 9th, Hass of the 11th and Mavity of the 44th districrs-

FRIDAY, MARCH 17, 1939

847

A RESOLUTION
Whereas, Hon. John B. Spivey has presided over the Senate as President thereof with dignity, fairness and distinction; and
Whereas, Hon. Dixon Smith, as President Pro-Tem of the Senate, has reflected credit upon the Senate as well as upon himself by his conduct, demeanor and outstanding characteristics; and
Whereas, the Secretary of the Senate, Hon. John W. Hammond, and his staff of capable assistants, have been diligent in the conduct of their business; and
. Whereas, the attaches of the Senate have served the Senate faithfully and well;
Therefore i>e it resolved that the Senate do express to Hon. John B. Spivey its love, devotion and admiration for the services he has rendered to the state and to the Senate during this session of the Legislature as President of the State Senate.
Be it further resolved that the appreciation and devotion of the Senate be extended to Hon. Dixon Smith, the President Pro-Tern of this body; Be it further resolved that the Senate do express its thanks for the efficient service rendered it by Hon. John W. Hammond, Secretary of the Senate, Hon. Henry W. Nevin, Assistant Secretary, to Messrs. Haralson, McWhorter, Denton, Skelton and Smith and to Mrs. DeLaParelle, Misses Terrell, Harvey and Barnes.
Be it further resolved that a copy of this resolution be spread upon the Journal of the Senate and furnished to the press of this state.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to amend the charter of the City of Rome; and for other purposes.
Senator Brinson of the 42nd district offered the following amendments, which were adopted :
Senator Brinson moves to amend House Bill No. 764 by adding a new section just before the repealing clause to be numbered Section 3, as follows:
"Section 3. That the city commission of said city shall have the power and authority to pass and enforce zoning and planning laws with respect to said city and shall have power to regulate the use for which such zones or districts, as may be set apart, fixed and established, shall he used and enjoyed by the owners of property therein and the manner in which real estate in such zones or districts may be improved or developed and to enact such ordinances, rules and regulations with respect thereto as the general welfare, public health or public safety shall authorize or demand."
Senator Brinson further moves to amend House Bill No. 764 by inserting a new section to be numbered as Section 4 immediately preceding the repealing clause

848

JOURNAL OF THE SENATE,

which shall be renumbered Section 5. The new section inserted shall read as fol-
lows, to-wit:
"Section 4. That the city commiSSion of said city shall have the power and authority to transfer funds, the proceeds of bonds of said city voted and duly validated in 1938, from one bond fund or account into another bond fund or account when and if it should appear to said commission that there remains any surplus or unexpended funls in any bond fund or account, and such transferred funds may thereupon be used and expended for the same purposes that the bond fund or account might be used into which such funds are transferred. Such transfer of said funds shall first be approved by the bond commission of said city which has been created by the city commission of said city in connection with the expenditure of said funds."
Senator Brinson moves to amend House Bill No. 764 as follows:
By inserting immediately before the repealing clause a new section to be known known as Section 5, in words and figures as follows, to-wit:
"Section 5. That the Act approved December 21, 1937, amending the charter
of the City of Rome be and the same is hereby amended by adding at the end of Section 3 of said Act the following provision, to-wit: "Provided, however, a person shall not be rendered ineligible to be a member of said board, although he may hold an office of profit or trust under the city, county or state, if the duties of such office are not said person's regular employment and is his principal source of income, and provided further no member of the city commission of said city shall be eligible to be a member of said board."
Senator Brinson further moves to amend House Bill No. 764 by properly renumbering the repealing clause and by amending the caption of said Act to conform to the amendments proposed.
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, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The followir.g message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate substitute as amended for the following bill of the House, to-wit:
By Messrs. Scott and Tipton of Thomas-
House Bill No. 672. A bill to be entitled an Act to authorize the City of Thomasville to create a city authority by city ordinance; and for other purposes.

FRIDAY, MARCH 17, 1939

849

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator McGinty of the 43rd district-
Senate Bill No. 69. A bill to be entitled an Act making additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.
By Senator Dorminy of the 45th district-
Senate Bill No. 100. A bill to be entitled an Act proposing an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the City of Ocilla to incur an additional bonded indebtedness; and for other purposes.
By Senator Abbot of the 18th district-
Senate Bill No. 98. A bill to be entitled an Act to amend an Act approved March 30th, 1937, which relates to the formation of non-profit corporations for rural electrification; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has disagreed to the report of the Committee of Conference on the following bill of the House, to-wit:
By Messrs. Harris, Lanier and Jones of Richmond, Kendrick of Fulton and MeN all of Chatham-
House Bill No. 49. A bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law"; 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. Culpepper of Fayette-
House Bill No. 637. A bill to be entitled an Act to create a state division of Confederate pensions and records; 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 Brantley-
Hause Bill No. 84. A bill to be entitled an Act to change the time of holding the superior court of Brantley county; and for other purposes.
By Messrs. Atkinson and Grayson of Chatham-
House Bill No. 757. A bill to be entitled an Act to amend the chatrer of the City of Savannah; and for other purposes.

850

JOURNAL OF THE SENATE,

The following bills of the House were read the third time and put upon their passage:
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton-
House Bill No. 358. A bill to amend the several Acts establishing a new charter for the City of Atlanta; and for other purposes.
Senator Millican of the 52nd district offered the following amendments, which were adopted:
To amend House Bill No. 358 as follows:
By striking Paragraph 5, Sub-Paragraph (J), in its entirety (Section 4).
By adding after the words "Civil Service" in Section 5, Paragraph 1, SubParagraph (J) the words "or tenure."
By adding a new sub-paragraph known as ( L) to Section 5, Paragraph 1, and reading as follows: "Superintendents and assistant superintendents under the board of education, and other persons elected by said board for definite terms; librarians employed through the board of education; clerks in schools and nurses, maids and employees in cafeterias in schools. Promotion or election by the board of education from a position in which tenure is provided by law to another position under the board in which tenure is not so provided shall not destroy the tenure status of such person. Librarians and clerks in schools shall serve during good behavior and efficient service undt'r such rules and regulations as may be established by the board."

By adding a new sub-paragraph known as ( M) to Section 5, Paragraph 1, and reading as follows: " ( M) Officers and employees of the Carnegie Library and its branches."

By adding a new sub-paragraph known as ( N) to Section 5, Paragraph 1, and reading as follows: " ( N) Recreational director in the department of parks."

By adding a new sub-paragraph known as ( P) to Section 5, Paragraph 1, and reading as follows: " ( P) Employees of the City of Atlanta making a salary of less than seventy dollars ($70.00) per month."

By adding at the end of Section 18 the following: "Anything herein to the con-

trary notwithstar..ding, where an appointing authority has adopted or hereafter

adopts a rule fo:: compulsory retirement of all of its employees upon their reaching

an age provided by such appointing authority, the provisions of this Act shall be sub-

ject to any such rule of such appointing authority."

.

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, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, MARCH 17, 1939

851

By Messrs. Beck and Reid of Carroll-
House Bill No. 474.
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 Bowdon, Carroll 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 the 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 ~e used exclusively and for no other purpose than 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 Town of Bowdon, 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 'iricurred, and to provide for the submission of this amendment for ratification by the people; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
That Article 7, Section 7, and 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 Bowdon in Carroll 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 mcludes principal and interest, for the purpose of refunding and retiring any bonded indebtedness for said Town of Bowdon municipality and 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 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, oi: that may become due, and unpaid on any future bonded indebtedness and provid~d further that said refunding bonds shall be issued only when authorized by a vote of the governing body of the Town of Bowdon and then shall be validated as is provided by law."
SECTION 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, 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 g~neral election at which proposed

852

JOURNAL OF THE SENATE,

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 to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Bowdon 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 to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Bowdon 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 elections for members of the General Assembly, and 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.
SECTION 3.
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 proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks
Brown Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy

Durden Estes Fortson
Groover Harrell Holt Howe Jordan Kelley Lindsay Manning McCranie McGinty Millican Moate

Moore New Nix Padgett Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 45, nays 0. Not voting: Senators Dunn, Hass, Ingram, Mavity, Palmour, Warnell. By unanimous consent, the verification of the roll call was dispensed with.

FRIDAY, MARCH 17, 1939

853

The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Bell of Grady-
House Bill No. 404.
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 Grady County by vote of its fiscal authority to issue Warrant Refunding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of iaid county; to provide that in the event such warrant indebtedness is paid off and retired that said County shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to provide that the bills and claims of and against said county and its Treasury shall be paid by check and how such checks shall be executed; to authorize the fiscal authority of said county to thereafter budget and limit the expenditures of the various officers and departments of said county other than the Courts thereof; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said county to make provision for paying off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide for the submission of this amendment for ratification or rejection by the people; and for other p11rposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
SECTION L
That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a new subparagraph in the following words and language, to-wit:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Grady County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off and retire the unpaid, outstanding and existing warrant indebtedness of said county, including interest due or payable thereon, as the same appears of record in the office of the Treasurer or ex-officio Treasurer of said County on the date as determined by the Board of Commissioners of Roads and Revenues of said county, which date shall be not less than ten days and not more than thirty days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Warrant Refunding Bonds." In the event the privilege granted herein is exercised by said County, after said date as so determined by said Board, said County and the authorities thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter be operated on a cash basis so that all bills and claims chargeable to or against said county or payable by the treasury of said

854

JOURNAL OF THE SENATE,

County shall be paid monthly or otherwise as determined by the Governing body of said County or as promptly as possible by checks drawn on the depository or depositories holding the funds of said county, and in no other way; no such check to be issued until funds are on deposit sufficient to immediately pay same and all other checks then outstanding, and all such checks to be signed by the Chairman of said Board or Chief Executive Officer of said county and signed or approved in writing by the Treasurer of said County; with the right in said Board or equivalent county authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution; with the further right hereby vested. in said Board or other equivalent fiscal authority to budget, and limit the cost and expenditures of, the various officers and departments of said County, other than the schools, and the Courts thereof and the expenses of Courts; any existing provision of this Constitution of any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. No violation of any provision of this amendment as to the conduct after the determined date aforesaid of the fiscal affairs of said County shall in any wise affect or impair the validity of said Warrant Refunding Bonds. Said refunding bonds shall have such terms and provisions as to maturity, rate of interest and otherwise, as may be fixed by the Board of Commissioners of Roads and Revenues of said County, provided, however, that said bonds must all mature within thirty y~ars from date of issuance. Provision shall be made by the proper fiscal authority by formal resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said warrant refunding bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness hereinabove identified. Said Warrant Refunding B~nds shall be issued under l!-Uthority hereof only when authorized by a vote and resolution of the Board of Commissioners of Roads and Revenues of Grady County but without the necessity of an election as in the case of original obligation bonds, and said Warrant Refunding Bonds shall then be validated in the manner and under the procedure, in accordance with this amendment, as is provided by law for the validation of original obligation bonds."

SECTION 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, 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 election be submitted to the people for ratification or rejection. 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, so as to authorize Grady County to issue warrant refunding bonds, and for other purposes" 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

FRIDAY, MARCH 17, 1939

855

7, Section 7, Paragraph 1, of the Constitution, so as to authorize Grady County to issue warrant refunding bonds, and for other purposes." 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, 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 the State of Georgia, and the Governor shall make proclamation therefor as provided by law.

SECTION 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.
The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson Brooks
Cail Causey Chastain Cochran
Cloud Daves Dawson Dorminy

Dunn Durden Fortson Harrell Holt Howe Jordan Kelley Lindsay Manning McCranie McGinty Millican
Moate

Moore New Nix Palmour Redman Sanders Sears Smith, 24th Thomason Thrasher Twiggs Williams, 31st Williamson

On the passage of the bill, the ayes were 41, nays 0.

Not voting: Senators Brown, Estes, Groover, Hass, Ingram, Mavity, Padgett, Smith of the 12th, Warnell, Williams of the 21st.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Kennedy of Tattnall-

House Bill No. 720.

856

JOURNAL OF THE SENATE,

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 Reidsville School District, of Tattnall 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 and interest thereon due and unpaid as of January 1, 1940, and any bonded indebtedness due up to and including January 1, 1960; 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 due and unpaid on January 1, 1940, and any bonded indebtedness which becomes due up to and including January 1, 1960; 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 by adding at the end thereof a new paragraph, in the following words, to-wit:
"And except that the Reidsville School District, of Tattnall County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00, for the purpose of refunding and retiring any bonded indebtedness and intrrest thereon of said School District outstanding, past due and unpaid on January 1, 1940, and any bonded indebtedness of said School District outstanding and which becomes due up to and including January 1, 1960, 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 Reidsville School district to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is due and unpaid as of January 1, 1940, and any bonded indebtedness outstanding and which becomes due up to and including January 1, 1960. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Reidsville School District, of Tattnall County, and shall be validated as provided by law."
SECTION 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 Reidsville School District, of Tattnall County, Georgia,

FRIDAY, MARCH 17, 1939

857

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 Reidsville School District, of Tattnall County, Georgia, 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 result shall be consolidated as now required by law in election of 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 thereof, as provided by law.

SECTION 3.

All laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Brannen Bridges Brinson Brooks Brown Causey
Chastain Cochran Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Holt Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty Millican

Moate Moore New Padgett Redman Sanders Sears Smith, 12th
Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 45, nays 0.

Not voting: Senators Cai!, Hass, Mavity, Nix, Palmour, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.
The following resolution of the House was read the third time and put upon its passage:

858

JOURNAL OF THE SENATE,

By Messrs. Hatchett and McGraw of Meriwether-
Hause Resolution No. 177.
A RESOLUTION
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 Greenville 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 by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Greenville may issue refunding serial bonds not in excess of the aggregate sum of Sixteen Thousand ($16000) 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 Greenville 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 Mayor and City Council and shall be validated by law."
SECTION 2.
Be it further enacted by the authority aforesaid, that when said amcndli)ent 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 Greenville to issue refunding bonds", and all persons opposed to the adopting of said amendment shall have wriacn 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 Greenville to

FRIDAY, MAR~H 17, 1939

859

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 result 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.

SECTION 3.

All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
The resolution proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boyk:in Bridges
Brinson Brooks Brown
Cail Causey
Chastain Cochran Cloud Daves Dawson Dorminy Durden

Estes Fortson Groover Harrell Holt Howe Ingram Kelley Lindsay Manning McCranie McGinty . Millican Moate Moore

New Nix Padgett Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the resolution, the ayes were 44, nays 0.

Not voting: Senators Brannen, Dunn, Hass, Jordan, Mavity, Palmour, Warnell.
By unanimous consent, the verification of the roll call was dispensed with.

The resolution, having received the requisite constitutional two-thirds majority, was passed.

The following bills of the House were read the third time and put upon their passage:

By Mr. Branch of Tift-

House Bill No. 623.

860

JOURNAL OF THE SENATE,

A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, so as to authorize an increase in the bonded indebtedness of the County of Tift, State of Georgia, in the sum of Fifty Thousand ($50,000.00) Dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, for the purpose of acquiring a site in Tifton or outside Tifton, in Tift County, Georgia, and building, constructing and equipping thereon a hospital, and to provide how the power conferred by this amendment shall be exercised, 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, Section Seven, Paragraph One, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to-wit: "And except that the County of Tift may be authorized to increase its bonded indebtedness in the sum of Fifty Thousand ($50,000.00) Dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, and at a rate of interest not to exceed five per centum. per annum; which said bonds shall run for a period or periods of time not to exceed thirty years, and may be issued from time to time, and in such denominations as may be determined by the county authorities of said county, to be signed by the commissioners of roads and revenues of said county, and the clerk of said commissioners and shall be known and designated as Hospital Construction and Equipment bonds, and which said bonds shall be sold, and the proceeds thereof used and handled by the commissioners aforesaid, acting with the clerk and ordinary, or by a committee or commission selected, appointed and qualified in such way or method as such county authority may designate. The proceeds of all bonds issued and sold under this authority shall be used for the purpose of acquiring a hospital-site in the City of Tifton, or outside of Tifton, in Tift County, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided those in need of such. The power conferred by this amendment shall be ex~rcised under such rules and regulations respecting the acquiring of a site, the building and equipping of said hospital, as well as the operation of the same, providing for payment for such medical and surgical treatment and care in such hospital, excepting only charity cases as the county authorities acting alone or in conjunction with any committee which they may deem necessary and proper to appoint.
SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the aboveproposed 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 ayes and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general .elections.

FRIDAY, MARCH 17, 1939

861

SECTION 3.
Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For amendment allowing the County of Tift to increase its bonded indebtedness for the purpose of acquiring a hospital-site in Tifton, or outside of Tifton in Tift County, Georgia, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such," and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: "Against the amendment allowing the County of Tift to increase its bonded indebtedness for the purpose of acquiring a hospital-site in Tifton, or outside Tifton in Tift County, Georgia, and building, constructing and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such."

SECTION 4.
Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph one of Section one of Article thirteen, and by this Act; 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 election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified.

SECTION 5.

Be it further enacted 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 proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Brannen Bridges Brinson

Brooks Brown Causey
Chastain Cochran

Cloud Daves Dawson Dunn Durden

862

JOURNAL OF THE SENATE,

Estes Fortson Groover Harrell Holt Howe Ingram Kelley Lindsay

Manning McCranie McGinty Millican Moate Moore New Nix Padgett

Redman Sanders Sears Smith, 12th Thomason Thrasher Twiggs Williams, 21st
Williams, 31st Williamson

On the passage of the bill, the ayes were 43, nays 0.

Not voting: Senators Cail, Dorminy, Hass, Jordan, Mavity, Palmour, Smith of the 24th, Warnell.
By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Swindle of Berrien-

House Bill No. 727.

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 Ray City 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 to this date and which may become due up to and including June 15, 1940, and remain unpaid, incurred by said City of Ray City, Berrien County, Georgia, for water works and electric lights, balance principal on said bonds maturing June 15, 1940, being the sum of $15,500; 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 June 15, 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 l, 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 Ray City, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $15,500 plus all unpaid interest on said bonds as of June 15, 1940, for the purpose of refunding and retiring any bonded

FRIDAY, MARCH 17, 1939

863

indebtedness and interest thereon of said City outstanding past due and unpaid on June 15, 1940, and any bonded indebtedness and interest thereon of said City outstandand which becomes due up to and including June 15, 1940, for water works and electric lights, 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 Ray City 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 June 15, 1940. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ray City, Georgia, and shall be validated as provided by law."

SECTION 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 to Artide 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Ray City, Georgia, 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 Ray City 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 result shall be consolidated as now requirl"d 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.

SECTION 3.

All laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson

Brooks
Cail Causey
Chastain Cochran

Cloud Daves Dawson Dorminy Dunn

864

JOURNAL OF THE SENATE,

Durden Estes Fortson Groover Harrell Holt Howe Ingram
Jordan Kelley

Lindsay Manning McCranie McGinty Millican Moate Moore New Nix Padgett

Redman Sanders Sears Smith, 12th Thomason Thrasher Twiggs Williams, 21st
Williams, 31st Williamson

On the passage of the bill, the ayes were 45, nays 0.

Not voting: Senators Brown, Hass, Mavity, Palmour, Smith of the 24th, Warnell.
By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Swindl~ of Berrien-

House Bill No. 309.

A BILL

To be entitled, and 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 Nashville, 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 November 1, 1936, and that which becomes due up to and including November 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 due as of November 1, 1936, and that may become due as of November 1, 1942; 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, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:

SECTION 1.
Article 7, Section 7, Paragraph 1, of the Constitution of Georgia is hereby amended by adding at the end thereoJ a new paragraph, in the following words, to-wit:

"And except that the City of Nashville of Berrien County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $28,000, for

FRIDAY, MARCH 17, 1939

865

the purpose of refunding and retiring the bonded indebtedness of the City of Nashville outstanding, past due, and unpaid on November 1, 1936, in the sum of $16,000, and the bonded indebtedness of said City of Nashville outstanding and which becomes due up to and including November 1, 1942, in the sum of $12,000, and provided for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of saiq bonds as they fall due, the proceeds of such refunding bonds so issued by the City of Nashville, Berrien County, Georgia, to be used exclusively for the purpose of paying .md retiring said bonded indebtedness that is or may become due and unpaid as of November 1, 1936, and which said bonded indebtedness may become due and unpaid as of Novc.-mber 1, 1942. Said refunding bonds shall be issued when authorized by a v.ote of the mayor and council of the City of Nashville, Berrien County, Georgia, and shall be validated.

SECTION 2.

Be it further enacted that when said amendment is agreed to by two-thirds vote of the members of each house, with the "ayes" and "nays" therein, 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 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 Nashville, Berrien County, Georgia, to issue refunding bonds," and all persons opposed to the adoption of said amendment shall have written or printed on said ballots the words: "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City llf Nashville, Berrien County, Georgia, 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.

SECTION 3.

Be it further enacted that all laws and parts of laws m conflict with this Act are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Boy kin

Brannen Bridges

Brinson Brooks

866

JOURNAL OF THE SENATE,

Brown Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy Dunn Durden Estes Fortson Groover

Harrell Holt Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty Millican Moate Moore New

Nix Padgett Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 47, nays 0.

Not voting: Senators Hass, 1\tlavity, Palmour, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.
The following hills of the House were read the third time and put upon their passage:

By Mr. Evans of McDuffie-

Hause Bill No. 23. A bill to repeal an Act to prescribe penalties for all felonies under the laws of this state, with certain exceptions; to provide who shall fix punishment on trial of cases of felony and misdemeanors; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 27, nays 4.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Bennett of Ware-
House Bill No. 33. A bill to amend Section 92-4407 of the 1933 code so as to provide that recitals in a deed under a sale of municipal taxes shall be prima facie evidence of the tacts therein recited; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Jones of Brantley-

FRIDAY, MARCH 17, 1939

867

House Bill No. 86. A bill creating the office of county treasurer of Brantley 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lanham and Davis of Floyd-
House Bill No. 89. A bill to amend Section 32-1014 of the 1933 code relating to the making of reports by county superintendents, by providing that reports shall be made at the first term of the court after the close of the preceding fiscal 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 27, riays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sams, Candler and Turner of DeKalb---
House Bill No. 121. A bill to amend existing laws in regard to the provision for year's support for widows and minor children, as embodied in Section 113-1002 of the I933 code, so as to divest taxes and tax liens against property; and for other purposes.
The report of th~ committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
:By Messrs. Edwards and Connell of Lowndes-
House Bill No. 135. A bill to provide for limitation of time in which parties may intervene in any case in equity, where assets are being administered, marshaled or otherwise disposed of, providing for service by publication on all parties interested in such assets of an order, to be granted by the 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Thigpen of Glascock-
House Bill No. 171. A bill to require judges of all trial courts and tribunals

868

JOURNAL OF THE SENATE,

in this state to grant, upon application, a supersedeas to all persons convicted or adjudged to be in contempt of 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 31, nays I.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Allison of Gwinnett, Bynum of Rabun, Bruce of Troup and Lanham of Floyd-
House Bill No. 258. A bill to define title insurance and provide a comprehensive method for the licensing and regulating of the business of title msurance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lewis and Wells of Burke-
House Bill No. 276. A bill to prohibit dealers in junk from trespassing to solicit the purchase of junk without permission of the owner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 6.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Fowler of Treutlen-
House Bill No. 277. A bill to amend Section 92-3701 of the 1933 code by authorizing the several counties to levy a tax each year for the conservation of natural resources; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Hinson of Jeff Davis-
House Bill No. 334. A bill to amend an Act laying off and organizing a new county out of portions of Appling and Coffee counties, by changing the time of holding superior court in Jeff Davis county; and for other purposes.

FRIDAY, MARCH 17, 1939

869

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Pilcher of Warren-
House Bill No. 364. A bill to amend Code Section 68-502 relating to the weight of moto> vehicles engaged exclusively in the transportation of agricultural and/or dairy products between certain points; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa;sage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Herndon of Hart-
House Bill No. 386. A bill amending the highway mileage Act by adding additional mileage in Hart 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 bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Harris of Richmond, Gross of Stephens, Drake of Seminole, and others-
House Bill No. 469. A bill to authorize the state highway department in conjunction with adjoining states or counties of adjoining states to purchase bridges; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 473. A bill to provide that in Fulton county various county officials may name a chief deputy who would succeed such officials in office if a vacancy should occur; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

870

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 507. A bill to amend an Act authorizing certain counties to pass zoning and planning 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Griffin of Wilkes-
House Bill No. 576. A bill to amend an Act regulating the trapping of predatory fur-bearing animals 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wohlwender of Muscogee-
House Bill No. 647. A bill to amend Section 30-107 of the 1933 code providing that any person who has been a resident of any army post or military reservation within the state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 651. A bill to prohibit goats from running at large 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler, Sams and Turner of DeKalb--
House Bill No. 674. A bill granting to the commissioners of roads and

FRIDAY, MARCH 17, 1939

871

revenues or other authorities in certain counties authority to 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Foster of Towns-
House Bill No. 704. A bill to require the tax collector of Towns county to issue all tax receipts in numerical order; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Jones of Brantley-
Hause Bill No. 712. A bill to amend an Act abolishing the offices of tax receiver and tax collector of Brantley 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Evans d McDuffie-House Bill No. 728. A bill to provide the manner in which justices of the
peace and notaries public ex-officio justices of the peace shall he compensated in criminal cases in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the paJsage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Stiles of Fannin and Sartain of WalkerHouse Bill No. 729. A bill to provide for the special taxation by the state
and by political sub-divisions of corporations organized under the laws of the United States or any other state engaged in the generation, etc., of electrical power; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

872

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. By Messrs. Stiles of Fannin and Sartain of WalkerHouse Bill No. 730. A bill to provide for the ad valorem taxation of property owned or possessed in this state by corporations organized under the laws of the United States engaged in proprietary as distinguished from governmental activities in this state; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Allison and Pharr of Gwinnett-
House Bill No. 733. A bill to amend an Act incorporating the Town of Snellville ; and fvr other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 766. A bill to provide for a retirement fund for teachers and other employees in county school systems 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, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler, Sams and Turner of DeKalb-
House Bill No. 767. A bill to provide for civil service for teachers and other employees for th~ county school teachers 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, thl' ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sabados and Allen of Dougherty-

FRIDAY, MARCH 17, 1939

873

House Bill No. 774. A bill to provide that any city in the state having a certain population, the governing authorities may take over in any manner the operation and m.:intenance of any hospital now in existence in 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. McGraw and Hatchett of Meriwether-
Hause Bill No. 783. A bill amending an Act providing for the holding of four terms of superior court of Meriwether county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 785. A bill to amend an Act creating a new charter for the City of Doerun; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Rossee of PutnamHouse Bill No. 787. A bill to abolish the offices of tax receiver and tax
collector of Putnam; to create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Carmichael of Butts-
House Bill No. 789. A bill to amend an Act creating a new charter for the City of Jackson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

874

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Mr. Moore of Lumpkin-
House Bill No. 796. A bill amending the Act re-incorporating the City of Dahlonega; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Mr. Sapp of Coffee-
House Bill No. 800. A bill to repeal an Act creating the office of tax collector of Coffee county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pass<.1ge of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Mr. Sapp of Coffee-
House Bill No. 801. A bill to repeal an Act providing for the repeal of an Act creating the office of tax commissioner of Coffee county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. J. H. Ennis and Marion Ennis of Baldwin-
House Bill No. 802. A bill amending an 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Sapp of Coffee-
House Bill No. 805. A bill to repeal an Act creating the office of tax receiver of Coffee county; and for other purposes.

FRIDAY, MARCH 17, 1939

875

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lanham, Davis and Rogers of Floyd-
House Bill No. 807. A bill to amend an Act creating a new charter for the City of Rome; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite majority, was passed.
By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 808. A bill to amend an Act creating the charter of the City of Augusta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nars 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Cail of the 17th moved that the Senate recede from its position and withdraw Senate Amendment No. 2 to House Bill No. 354, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senator Cail of the 17th district-
Senate Bill No. 25. A bill to regulate the hunting of deer, squirrels, etc., in Bulloch and Screven counties; and for other purposes.
The House offered the following amendments: Mr. Hill of Screven moves to amend Senate Bill No. 25 by adding the word "inclusive" after the word "four" on line five of Section 2. And by adding the word "inclusive'" after the word "four" on line eight of Section 2. Mr. Aiken of Bulloch and Mr. Gill of Bryan move to amend Senate Bill No. 25 by striking from the caption of the words Bulloch and Bryan and further move to amend Section 1 of the said bill by striking therefrom the words "Bryan and/or Bulloch". Senator Cail of the 17th district moved that the Senate agree to the House amendments, and the motion prevailed.

876

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bilis of the Senate, to-wit:
By Senator Cail of the 17th district-
Senate Bill No. 25. A bill to be entitled an Act to regulate the hunting of certain game in and for the County of Screven; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 68. A bill to be entitled an Act to amend the charter of th,. City of Atlanta; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Mavity of the 44th district-
Senate Bill No. 76. A bill to be entitled an Act to amend the Neill-Traylor map by adding a road beginning on the north at the Tennessee state line to the said map; and for other purposes.
By Senators Holt of the 3rd, Brooks of the 8th, McGinty of the 43rd, Chastain of the 41st, and Durden of the lOth districts-
Senate Bill No. 144. A bill to be entitled an Act to regulate and enlarge the powers of the co-operative associations organized under the Co-operative Marketing Act; 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 Brinson of the 42nd district-
Senate Bill No. 219. A bill to be entitled an Act to amend an Act changing the classes and amounts of commissions allowed to the tax collectors and tax receivers; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senator Brinson of the 42nd district-
Senate Bill No. 219. A bill to change the classes and amounts of commissions to be allowed tax receivers and tax collectors of the state; and for other purposes.
The House offered the following amendment:

FRIDAY, MARCH 17,. 193<J

877

Mrs. Mankin of Fulton moves to amend Senate Bill No. 219 by adding at the end of Section 3, the following:
"Provided however that in counties having a population of two hundred thousand or more according to the census of 1930 where the tax commissioner or tax collector as the case may be is on a salary the commission referred to herein shall be paid into the treasury of such counties."
Senator Millican of the 52nd district moved that the Senate disagree to the House amendment, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering an amendment cffered by the House:
By Senator Millican of the 52nd district-
Senate Biii No. 68. A biii to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
The House offered the foilowing amendment:
Mrs. Mankin of Fulton moves to amend Senate Bill No. 68 as follows:
By adding to the first ( 1) Section thereof, following the word "January" the words "and July" and by changing the word "month" where same appears in this section to "months."
Senator Millican of the 52nd district moved that the Senate agree to the House amendment, and the motion prevailed.
Senator Smith of the 24th district moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9:30 o'clock tomorrow morning:

878

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Saturday, March 18, 1939.

The Senate met pursuant to adjournment at 9:30 o'clock this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Thrasher of the 27th district asked unanimous consent to dispense with the call of the roll.
There was objection, and Senator Thrasher of the 27th district moved to dispense with the call of the roll.
The motion was lost.
The roll was called, and the following Senators answered to their names:

Abbot Boykin Brannen Bridges
Brinson Brooks Brown Cail Causey
Chastain Cochran Cloud Daves Dawson Dorminy Dunn Durden

Estes Fortson
Groover Harrell Hass Holt Howe Ingram
Jordan Kelley Lindsay Manning Mavity McCranie McGinty Millican Moate

Moore New Nix Padgett Palmour Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

There being a quorum present, the Senate proceeded with the regular transaction of business.
Senator Brinson of the 42nd district, chairman of the Committee on Journals, reported that the Journal of the preceding session had been examined and found correct.
Senator Durden of the lOth district asked unanimous consent to dispense with the reading of the Journal, and the consent was J:!:ranted.
The Journal was confirmed.
Senator Durden of the lOth district asked unanimous consent that the following be established as the order of business today:

SATURDAY, MARCH 18, 1939

879

1. Reports of standing committees, at any time.
2. Putting on passage local bills, at any time.
3. Putting on passage general bills.
The consent was granted.
The following message was received from the House through Mr. Greer, the secretary thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 33. A bill to be entitled an Act to amend the Housing Co-operation Law; and for other purposes.
By Senators Durden of the 10th, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 35. A bill to be entitled an Act to declare valid and legal the establishment and organization of housing authorities and all undertakings of same; and for other purposes.
By Senators Durden of the 10th, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 36. A bill to be entitled an Act confirming certain bonds and obligations of any state authority created by the General Assembly; and for other purposes.
By Senator Millican of the 52nd district--
Senate Bill No. 65. A bill to be entitled an Act to amend Section 38-1504 of the code of 1933 which deals with witnesses who fail to answer to. subpoena; and for other purposes.
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 70. A bill to be entitled an Act to amend an Act relating to the powers of the state housing authority; and for other purposes.
By Senators Moore of the 47th and Estes of the 35th districtsSenate Bill No. 84. A bill to be entitled an Act to authorize the regents of
the University Slstem of Georgia to take or condemn property for public purposes; and for other purposes. By Senator Palmour of the 33rd district-

880

JOURNAL OF THE SENATE,

Senate Bill No. 200. A bill to be entitled an Act to amend chapter 95-18 of the code of 1933 which relates to the designation of railroads as safe or unsafe, and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th and Holt of the' 3rd districts-
Senate Bill No. 29. A bill to be entitled an Act to prohibit the issuance of a license to practice medicine or pharmacy to aliens; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 172. A bill to be entitled an Act to aid the Western and Atlantic' Railroad by the creation of a commission authorized to contract in the name and on the behalf of the State of Georgia for the construction and maintenance of income producing buildings; and for other purposes.
The Hous.: has passed by the requisite constitutional majority the following bills of the Senate, to-wit: By Senato~s Abbot of the 18th, Brown of the 4th and Causey of the 46th districts-
Senate Bill No. 156. A bill to be entitled an Act repealing the Act relating to the manner of incorporating the towns and villages of this state; and for other purposes.
By Senators Thomason of the 28th and Causey of the 46th districts-
Senate Bill No. 117. A bill to be entitled an Act to amend the Act regulating the practice of chiropractics in this state; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House recedes from its position on its amendment to the following bill of the Senate, to-wit:
By Senator Brinson of the 42nd district-
Senate Bill No. 219. A bill to be entitled an Act to amend an Act changing the classes and amounts of commissions allowed to tax receivers and tax collectors; and for other purposes.
The followi11g message was received from the House through Mr. Greer, the clerk thereof: Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

SATURDAY, MARCH 18, 1939

881

By Messrs. Conner of Dooly and Beck: and Reid of CarrollHouse Resolution No. 203. A resolution urging the members of the national
Congress. to pass a resolution to pay the family of S. F. Sewell, deceased, adequate and reasonable compensation for his untimely death.
The following bills of the House were read the third time and put upon their passage:
By Mr. Harrison of JenkinsHouse Bill No. 820. A bill creating a new charter for the City of Millen;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. By Mr. Jones of Paulding and othersHouse Bill No. 823. A bill abolishing the fee system now existing in the superior courts of the Tallapoosa circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read the third time and put upon tts passage:
By Mrs. Mankin of Fulton-
House Resolution No. 132. A resolution authorizing the Governor to sell a certain tract of land in Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
The following bills of the House were read the third time and put upon their passage:
By Mrs. Mankin and Messrs. Etheridge and Kendrick: of Fulton-
House Bill No. 694.

882

JOURNAL OF THE SENATE,

AN ACT
Proposing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, to require the Fulton County Board of Education to assume and pay all of the principal and interest of the school bond indebtedness of the City of East Point, Georgia, and of Mayor and Council of the City of College Park, Georgia, outstanding and unpaid as of the date said amendment becomes effective and requiring said Board of Education to recommend to the tax levying authorities of Fulton County, Georgia, the levy of a sufficient tax to pay said principal and interest of said bonds at maturity, and to require said tax levying authorities of Fulton County, Georgia, upon such recommendation to levy and collect a sufficient tax, in addition to all taxes now levied, on all the property in Fulton County, Georgia, outside the City of Atlanta, to pay said principal and interest of said bonds as the same become due, and to provide that said bonded indebtedness shall not any longer be regarded as debts of said Municipal Corporations, respectively, insofar as constitutional debt limitation is concerned.
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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, which has heretofore been amended, be, and the same is hereby proposed to be further amended, by adding at the end thereof the following language, to-wit:
And except that the Board of Education of Fulton County, in this State, shall, and is hereby required to, assume and pay, without any election, and without regard to any debt limitation, and as its own obligation, the following school bonds of the City of East Point and of Mayor and Council of the City of College Park, Municipal Corporations of this State, to-wit: (a) All of the unpaid school bonds and indebtedness evidenced thereby, principal and interest, according to the provisions of such bonds and their interest coupons, of the City of East Point, outstanding on the date this amendment is ratified; (b) all of the unpaid school bonds, and the indebtedness evidenced thereby, principal and interest, according to the provisions of such bonds and their interest coupons, of Mayor and Council of the City of College Park, outstanding on the date this amendment is ratified, said College Park school bonds being of date March 1, 1926, aggregating sixty-five thousand ($65,000.00) dollars principal, and bearing interest from their date at the rate of five (5%) per centum per annum payable semi-annually on March 1st and September 1st of each year, and due and payable as to principal two thousand ($2,000.00) dollars March 1, 1941; three thousand ($3,000.00) dollars each year on March 1st of the years 1942, 1943 and 1944; four thousand ($4,000.00) dollars on March 1, 1945, and five thousand ($5,000.00) dollars each year on March 1st of the years 1946 to 1955, both inclusive, being the bonds validated in Case No. 67330 in the Superior Court of Fulton County, Georgia. All of said bonds are hereby made the debt and obligation .of said Board of Education of Fulton County and shall not hereafter be regarded as debts of said Municipal Corporations, respectively, insofar

SATURDAY, MARCH 18, 1939

883

as constitutional debt limitation is concerned ; and for the purpose of paying the principal and interest of said bonds so assumed and made its obligations, said Board of Education of Fulton County shall recommend, and the tax levying authorities of Fulton County, in this State, shall levy upon the property subject to taxation in the territory of said County outside the corporate limits of the City of Atlanta, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon.

SECTION 2.

Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that when said amendment shall have been agreed to by two-thirds vote of the members elected to each of the two houses of the General Assembly, and entered on their Journals, 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 in this State, at which proposed amendments to the Constitution of this State may be voted upon, the same shall be submitted for ratification to the qualified voters of this State at said election; and all persons voting at said election in favor of the ratification of said proposed amendment to the Constitution of this State shall have written or printed on their ballots the words, "For amendment of Article 7, Section 7, Paragraph 1, of the Constitution to require the Fulton County Board of Education to assume the school bonds of the City of East Point and of the City of College Park, whose schools have been taken over by the Fulton County Board of Education", and all persons opposing the ratification of said amendment shall have written or printed on their ballots the words, "Against amendment of Article 7, Section 7, Paragraph 1, of the Constitution to require the Fulton County Board of Education to assume the school bonds of the City of East Point and of the City of College Park, whose schools have been taken over by the Fulton County Board of Education," and if a majority of the qualified voters voting thereon shall vote for ratification thereof, said amendment shall become a part of the Constitution of this State, and the Governor of this State shall make a proclamation thereof.

SECTION 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.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Bridges Brinson

Brooks Cail Causey Chastain Cloud

Daves Dawson Dorminy Dunn Durden

884

JOURNAL OF THE SENATE,

Estes Fortson
Groover Harrell Hass Holt Howe Ingram Jordan Kelley

Lindsay Manning McCranie McGinty Millican Moate Moore Nix Padgett Redman

Sanders Sears Smith, 12th Smith, 24th Thrasher Warnell Williams, 21st Williamson

On the passage of the bill, the ayes were 43, nays 0.

Not voting: Senators Brown, Cochran, Mavity, New, Palmour, Thomason, Twiggs, Williams of the 31st.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-

House Bill No. 607. A bill to amend the constitution to allow the boards of education of Fulton and DeKalb counties to make temporary loans; and for other purposes.

Senator Brinson of the 42nd district offered the following amendment, which was adopted.

To amend House Bill No. 607 by adding a comma and the words "Floyd County" after the words "Fulton County" on line seven of Section 1.

Amend caption, line 3 by adding a comma and the words "Floyd County" after the words "Fulton County".

Amend Section 2, line 11, by adding a comma and the words "Floyd County" after the words "Fulton County".

Further amend line 15 by adding a comma and the words "Floyd County" after the words "Fulton County".

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen

Bridges Brinson Brooks

Brown Cail Causey

SATURDAY, MARCH 18, 1939

885

Chastain Cochran Cloud Daves Dawson Dorminy Dunn Durden Estes Fortson
Groover Harrell Hass

Holt Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty Millican Moate Moore New

Nix Padgett Redman Sanders Sears Smith, 12th Smith, 24th Thomason Thrasher Warnell Williams, 21st Williamson

On the passage of the bill, the ayes were 47, nays 0.

Not voting: Senators Mavity, Palmour, Twiggs, Williams of the 31st.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed as amended.

The bill, as passed, was 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 board of education of Fulton county, Floyd county and DeKalb county to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide for the payment of such loans; to provide the method of making such loans; 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 l, of the constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to-wit:
"And except that in addition to debts hereinbefore permitted, the board of education of Fulton county, Floyd county and DeKalb county may make temporary loans from time to time to be evidenced by promissory notes signed by the president of the board of education and by the county superintendent of schools after the passage of a resolution by a majority of the board authorizing the same entered on the minutes. No such new loan shall be made after January lst of any year until all previous loans have been paid and no new loan shall be made which will bring the aggregate amount of loans hereunder outstanding at the time such new loan is made to an amot~nt in excess of the balance of the income that the board of education may be or become entitled to receive from the state appropriation in the fiscal year in which any such loan is made, and the balance that the board of education

886

JOURNAL OF THE SENATE,

may be or become entitled to receive from taxes in the calendar year which such new loan is made. Such loans shall be payable out of any revenue received by the board of education at any time irrespective of whether or not they are included in the budget or appropriation for such board of education.
SECTION 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in the congressional districts in this state for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their
ballots the words, "For ratification of amendment to Article 7, Section 7, Paragraph
1, of the constitution authorizing the board of education of Fulton county, Floyd county and DeKalb county to make temporary loans"; and all persons opposed to 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 board of education of Fulton county, Floyd county and DeKalb county to make temporary loans", and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall
become a part of Article 7, Section 7, Paragraph 1, of the constitution of this state,
and the Governor shall make a proclamation therefor, as provided by law.
SECTION 3. All laws and parts of laws in conflict herewith are hereby repealed.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senator Warnell of the 1st district-
Senate Bill No. 177. A bill to amend the constitution to allow the City of Savannah to incur an additional bonded indebtedness; and for other purposes.
The House offered the following amendment:
Messrs. Grayson, Atkinson and MeNall of Chatham move to amend Senate Bill No. 177 by inserting immediately after the words "national defense" wherever they appear in the caption and body of the hill the words "or other public purpose."
Senator Warnell of the 1st district moved that the Senate agree to the House amendment, and the motion prevailed.
The hill, as passed, was as follows:
A BILL
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment w Article 7, Section 7, Paragraph 1, of the constitution of the State

SATURDAY, MARCH 18, 1939

887

of Georgia, incorporated in the Code of 1933, as Section 2-5501, so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the constitution and laws of Georgia, for the purpose of purchasing and/or acquiring lands, sites, buildings and/or improvements located thereon, to be given, granted, leased, or otherwise disposed of to the United States of America for the purpose of national defense or other public purpose; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the purchase and/or acquirement of lands, sites, buildings, and improvements, to be accepted and used by the United States government for national defense purposes or other public purposes; to authorize the assessing 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 authority of the same, that Article 7, Section 7, Paragraph 1, of the constitution of the State 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 thereor 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 serial bonds not in excess of the aggregate sum of Five Hundred Thousand ($500,000.00) Dollars, for the exclusive purpose of purchasing and/or acquiring lands and/or sites, and buildings and improvements located thereon, for the purpose of giving, granting, leasing, or otherwise disposing of said lands, and/or sites, and buildings and improvements located thereon, to the United States of America for the purpose of national defense or other public purpose ; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest as they become due; said serial bonds so issued shall mature in twenty (20) annual equal amounts beginning ten ( 10) years from the date of issuance and maturing each year thereafter for a period of twenty (20) years. The proceeds of all such serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of giving, granting, leasing, or otherwise disposing of the same to the United States of Ainerica for the purpose of national defense or other public purpose, and no such bonds shall be issued or disposed of until and unless the United States of America first agree to accept the same and to use the same for national defense purposes or other public purpose. Said serial bonds shall be issued by the mayor and aldermen of the City of Savannah after two-thirds of the qualified voters of the City of Savannah have authorized the same in an election held in accordance with the provisions of Section 87-201 to 87-204, both inclusive, of the Code of Georgia of 1933. The mayor and the aldermen of the City of Savannah 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. Said bonds shall be validated as provided by law."

888

JOURNAL OF THE SENATE,

SECTION 2.
Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, said amendment shall he entered on their journals, with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each congressional district in the State of Georgia for two 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 land purchase bonds", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots "Against ratification of amendm~nt to Article 7, Section 7, Paragraph 1, of the constitution authorizing the City of Savannah to issue land purchase bonds"; and if a majority of the electors qualifie-:1 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 thereof as provided by law.
SECTION 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 following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senators Cail of the 17th, Daves of the 14th, Dorminy of the 45th, Holt of the 3rd districts-
Senate Bill No. 29. A bill to prohibit the state board of medical examiners and the state board of pharmacy examiners from issuing a license to any person who was not born or naturalized in the United States; and for other purposes.
The House offered the following amendment:
By striking Section 2 and substituting therefor the following:
SECTION 2. Be it further enacted by the authority aforesaid that any person who was not born or naturalized in the United States or who is not a citizen of the United States and who obtains, after the passage of this Act, a license to practice medicine or pharmacy in this state shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 27-5206 of the Code of Georgia of 1933. Provided: that notwithstanding the foregoing provisions, any person residing in Georgia at the time of the passage of this Act and who has been a resident of Georgia not less than three months, and who has been a practicing

SATURDAY, MARCH 18, 1939

889

physician in a foreign state or country for at least twenty years, and can show that he is a graduate of a medical school approved by the Association of American Medical Colleges, or the State Board of Medical Examiners of Georgia, and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the Medical Board to applicants for a license to practice medicine in this state, and upon passing such examination shall be entitled to a temporary license to practice medicine in this state, which license shall be good for six years only; at the end of six years if such person shall have b.>come a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen no further license shall be issued him.
Senator Cail of the 17th district moved that the Senate agree to the House amendment, and the motion prevailed.
Mr. Durden of the lOth district, chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me, as chairman, to report the same back to the Senate with the following recommendation:
House Bill No. 810. Do pass.
Respectfully submitted,
Durden of lOth district, chairman.
The following resolution of the House was read and adopted:
By Messrs. Connor of Dooly and Reid and Beck of Carroll-
House Resoiution No. 203. A resolution memorializing Congress to make redress for fatal injury to S. F. Sewell, Dooly county WPA worker; and for other purposes.
The following bills and resolutions of the House were read the third time and put upon their passage:
By Mr. Bynum of Rabun-
House Bill No. 693. A bill bestowing the name of "Bleckley" upon the mountain generally known as "Screamer Mountain"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Almand of Walton-

890

JOURNAL OF THE SENATE,

House Resolution No. 124. A resolution designating state highway No. 10 as the "Stone Mountain Highway"; and for other purposes.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

On the passage of the resolution, the ayes were 28, nays 0.

The resolution, having received the requisite constitutional majority, was passed.

By Mr. Allison of Gwinnett-

House Bill No. 759. A bill appropnatmg money to the state veterinarian to compensate owners of cattle destroyed due to Bangs disease; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen Brinson Brooks Cail Causey Chastain Cloud Daves Dawson Dorminy Dunn Durden Estes

Fortson Groover Harrell Hass Holt Howe Ingram Jordan Kelley Lindsay Manning Mavity McCranie McGinty Millican

Moate Moore New Nix Padgett Redman Sears Smith, 12th Smith, 24th Thomason Thrasher Williams, 21st Williamson

On the passage of the bill, the ayes were 43, nays 0.

Not voting: Senators Bridges, Brown, Cochran, Palmour, Twiggs, Warnell, Sanders, Williams of the 31st.
By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional majority, was passed. By Mr. Whitaker of Appling-
House Bill No. 822. A bill to amend an Act creating a new charter for the City of Baxley; and for other purposes.

SATURDAY, MARCH 18, 1939

891

The committee offered the following amendment, which was adopted:

To amend House Bill No. 822 by inserting in the caption after the word "March" the following: "10"; and further amends in Section 1 after the word "March" in the third line by inserting the following: "10".

The report of the committee, which was favorable to the passage of the bill as amended was agreed to.

On the pass2ge of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Henderson of Irwin-

House Bill No. 446. A bill reducing the salaries of state employees; and for oher purposes.
The committee offered a substitute for the bill.

The committee offered the following amendment to the substitute:

Amend Senate Substitute for House Bill No. 446 by adding the following words to Section 2:

"The provisions of this bill shall become inoperative on the first day of the next convening General Assembly."

The amendment was adopted.

Senator Ingram of the 51st district called for the previous question and the call was sustained.

On the adoption of the substitute as amended, Senator Sanders of the 36th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Brannen Bridges Brinson Brown Cail Causey Cloud Daves Dorminy Durden Estes

Fortson Groover Harrell Holt Howe Ingram Jordan Lindsay Mavity McGinty Millican Moore New

Palmour Redman Sears Smith, 24th Thomason
Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

892

JOURNAL OF THE SENATE,

Those voting m the negative were Senators:

Brooks Dawson Dunn Kelley

Manning McCranie Moate Nix

Sanders Smith, 12th

On the adoption of the substitute as amended, the ayes were 37, nays 10.

Not voting: Senators Chastain, Cochran, Hass, Padgett.

By unanimous consent, the verification of the roll call was dispensed with.

The substitute was adopted as amended.

The substitute, as adopted, read as follows:

A BILL

To be entitled an Act to require each Department, Division, Bureau or agency of the State Government of Georgia to pay into a special fund of the State Treasury an amount each month, beginning April 1, 1939, equal to whatever salary reduction, elimination of employees, saving in expense accounts, or other reduction in expenditures, including reductions in telephone, telegraph, postage, water, lights, ht>ating, or savings of any and every kind and nature which may be made by the said Department, Division, Bureau or Agency, or by the Budget Commission in the budget of any Department, Division, Bureau or Agency; and to allocate and appropriate said special fund: One-third to paying the present operating deficit now existing against the Milledgeville State Hospital until same !s paid; and twothirds to the common school fund for the sole purpose of paying the salaries due the common school teachers of the State of Georgia; and, after the present operating deficit against the Milledgeville State Hospital is paid, the entire amount of said fund to be allocated and appropriated to the common school fund for the aforesaid purpose; 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. On and after April 1. 1939, each Department, Division, Bureau
or Agency of the State Government of Gt>orgia shall pay into a special fund of the state treasury an amount each month, on the first day thereof, equal to whatever salary reduction, elimination of employees, saving in expense accounts, or other reduction in expenditures, including reductions in telephone, telegraph, postage, water, lights, heating or savings of any and every kind and nature, which may be made by the said Department, Division, Bureau or Agency, or by the budget commission in the budget of any department, division, bureau or agency; said saving to be paid from funds allocated and appropriated to such Department, Division, Bureau or Agency, respectively.
SECTION 2. Said special fund is hereby expressly allocated and appropriated one-third to paying the present operating deficit of the ~1illedgeville State Hospital,

SATURDAY, MARCH 18, 1939

893

and two-thirds to the common school fund for the express purpose of paying the salaries due the common school teachers of the State of Georgia; and, after the present operating deficit of the Milledgeville State Hospital is paid, the whole amount of said fund is hereby expressly allocated and appropriated to the common school fund for the sole purpose of paying the salaries of the common school teachers of Georgia. The provisions of this bill shall become inoperative on the first day of the next convening General Assembly.
SECTION 3. All laws or parts of laws in conflict with this Act shall be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 270. A bill to be entitled an Act to provide for and regulate the compensation of court reporters in the superior courts of counties of a certain population; and for other purposes,
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 34. A bill to be entitled an Act to amend an Act entitled "Housing Authority Law" to redefine "governing body" and "area of population"; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 58. A bill to be entitled an Act to amend the Homestead Exemption Act; and for other purposes.

894

JOURNAL OF THE SENATE,

The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-
Senate Bill No. 32. A bill to be entitled an Act to provide that bonds and other obligations issued by public housing authorities, when secured by the United States shall be legal investments for public officers; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 214. A bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steam fitters in counties of a certain population; and for other purposes.
By Senator Williams of the 31st district-
Senate Resolution No. 52. A resolution naming the bridge over the Chattahoochee River between Habersham and White counties the "Sidney Lanier Bridge."
The following message was received from the House through .Mr. Greer, the clerk thereof:
Mr. President: The House has agreed to the Senate substitute to the following bill of the
House, to-wit:
By Mr. Whitaker of Appling-
House Bill No. 544. A bill to be entitled an Act to amend the Act creating the board of commissioners of roads and revenues for the county of Appling; and for other purposes.
The following message w~.s r!'ceived from the House through lV1r. Greer, the clerk thereof: Mr. President:
The House has passed, as amended, hy the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 136. A bill to be entitled an Act to propose to the voters an amendment to the constitution so as to authorize the continuance of the Coastal Highway district; and for other purposes.
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 138. A bill to be entitled an Act to prescribe the rights, duties, and responsibilities in connection with the continuance of the Coastal Highway district; and for other purposes.

SATURDAY, MARCH 18, 1939

895

The House has passed by the requisite constitutional majority the following bill of the Sen at~, to-wit:
By Senator Millican of the 52nd district-
Senate Bill No. 150. A bill to be entitled an Act to propose to the qualified voters an amendment to Articlr. 7, Section 7, Paragraph 1, of the constitution, so as to authorize th~ City of Atlanta to issue revenue certificates; and for other purposes.
The House has passed by substitute, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senator Millican of the 52nd district-
Senate Bill No. 66. A bill to be entitled an Act to amend Paragraph 2 of Section 6 of Article 7 of the constitution so as to provide for a pension system for school teachers and employees in Richmond and Fulton counties; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Palmour of the 33rd district-
Senate Bill No. 5. A bill to be entitled an Act to repeal Code Section 95-2111 and to amend Code Section 95-2112 in regard to the bonded indebtedness of counties; and for other purposes.
The following bill of the Senate was take up for the purpose of considering an amendment offered by the House:
By Senator Millican of the 52nd district-
Senate Bill No. 58. A bill amending an Act providing for homestead exemptions; and for other purposes.
The House offered the following amendment:
The Fulton delegation moves to amend Senate Bill No. 58 by striking after the word "inserted" and before the word "so" in the fourth paragraph the following~ "at the time application is made prior to April 1st each year" and substituting the following: "on January first of the taxable year" so that said section will read when amended as follows:
"Section 7. As used in this Act homestead means real property owned by the applicant on January 1st of the taxable year and who is in possession thereof and upon which said applicant resides and the land immediately surrounding said residence and to which he or she has a right to said possession under bona fide claim of ownership."
The Fulton delegation moves to amend Senate Bill No. 58 by striking all of Section "I" and substituting the following:

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JOURNAL OF THE SENATE,

"(i) Where the property is owned and occupied jointly by two or more persons all of whom occupy the property as a home and if otherwise entitled to a homestead such homestead may be claimed in the names of such joint owners residing in said home."
Senator Millican of the 52nd district moved that the Senate agree to the House amendment, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering amendments offered by the House:
By Senator Millican of the 52nd district-
Senate Bill No. 172. A bill creating a commission to deal with air rights above the W. & A. Railroad property in Atlanta; and for other purposes.
The House offered the following amendments:
By Mr. Evans of McDuffie-
Maves to amend Senate Bill No. 172 by adding a new section immediately before the repealing clause, to be appropriately numbered and to read as follows:
SECTION 5 A. That any contract made by said commission herein provided for shall be submitted to the General Assembly meeting next after the execution of said contract, for approval or disapproval, and unless approved by said General Assembly, said contract shall be void.
Mr. Carmichael of Cobb moves to amend Section 4 of Senate Bill No. 172 by striking the words "by appointment of the commission upon a majority vote thereof" and inserting in lieu thereof "by election by a majority of the members elected to the House of Representatives, the Senate concurring."
Connell of Lowndes, Carmichael of Cobb and Grayson of Chatham move to amend Senate Bill No. 172:
By striking in Section ( 5) the following "shall pay taxes to the State of Georgia, the County of Fulton, and the City of Atlanta upon the building or buildings occupying said property on the same basis as is now being paid" and by inserting in lieu thereof the following: "The lessee or lessees shall pay taxes on any such extension of the present lease or leases on a basis as may be hereafter provided by the General Assembly of Georgia and by the local governing authorities of the County ot Fulton and/or the City of Atlanta".
Senator Millican of the 52nd district moved that the Senate disagree to the House amendments, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering amendments offered by the House:
By Senators Durden of the lOth, Harrell of the 7th and Spivey of the 16th districts-

SATURDAY, MARCH 18, 1939

897

Senate Bill No. 34. A bill amending an Act entitled "Housing Authorities Law" to define governing bodies ; and for other purposes.
The House offered the following amendments:
Mr. Claxton of Johnson moves to amend Senate Bill No. 34 as follows:
1. By amending the caption thereof by changing the period at the end of the caption to a semicolon, and by adding the following language:
"and to provide that when condemnation proceedings are instituted and carried on by Housing Authorities under said Act of 1937, upon the payment of such authority seeking condemnation of the amount of the award and the final judgment on appeal, that such authority shall become vested with a fee simple indefeasible title to the property with reference to which the condemnation proceeding is instituted."
2. To amend Senate Bill 34 by adding at the end thereof a new section to be known as Section 7, which shall read as follows:
"Be it further enacted by the authority aforesaid that whenever a Housing Authority is or has been created under the terms of said Act of 1937, previously referred to; and whenever it is determined by the commissioners or other governing body of such autiwrity to be necessary or advisable to exercise the power of eminent domain by condemning property; and whenever such condemnation proceedings are instituted and carried on under Title 36, chapter 36-1 through chapter 36-6 of the Code of Georgia of 1933, or under Title 36, Chapter 36-11, of said Code, or under any amendments thereof, or through any other method of condemnation provided by law, that upon the payment by such authority seeking condemnation of the amount of the award and final judgment on appeal such authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is hereby declared to be necessary, to enable such authorities to exercise their franchise, that upon such condemnation proceedings being had, that such Housing Authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings."
Senator Durden of the lOth district moved that the Senate agree to the House amendments, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering amendments offered by the House:
By Senators Br0wn of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 136. A bill proposing an amendment to the constitution to allow the Coastal Highway district to issue bonds; and for other purposes.
The House offered the following amendments:
Representative Gowen of Glynn, Atkinson, Grayson and MeNall of Chatham, Gill of Bryan, Smiley of Liberty, Ferguson of Camden and DeFoor of Mcintosh, move to amend Senate Bill No. 136 as follows:

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First, by striking from the seventh line of Section 2 the words, "a total majority of the votes of rhe entire district must be favorable to bonds," and inserting in lieu thereof the following words: "Two-thirds of the voters voting in said election, in the entire district must be favorable to bonds, and provided further that said two-thirds so voting favorably shall be a majority of the registered voters of all counties of the district who are qualified to vote in said election."
Second, by striking from the eighth and ninth lines of said Section 2 the words, "a majority of the votes cast in Chatham county must be favorable to bonds" and inserting in lieu thereof the following words: "Two-thirds of the voters voting in said election in Chatham County must be favorable to bonds, which said two-thirds so voting, must be a majority of the registered voters of Chatham County who are qualified to vote in said election."
Third, so that said Section 2, when so amended, shall read as follows:
"The bonded indebtedness here provided for shall be incurred only after submission to the qualified voters of said district at an election to be called by the said district comrr.issioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election the vote of the entire district shall be consolidated and counted as a umt, and each county shall pay the expense of the election in that county; provided, however, that two-thirds of the voters in said election, in the entire district, must be favorable to bonds and provided further that said two-thirds so voting favorably shall be a majority of the registered voters of all the counties of the district who are qualified to vote in said election, and also two-thirds of the voters voting in said election in Chatham county must be favorable to bonds, which said two-thirds so voting, must be a majority of the registered voters of Chatham county who are qualified to vote in said election, otherwise the bonds shall not be issued. The vote shall be consolidated and the result of the election declared by the Coastal Highway district commissioners herein provided for. The Superior Court of any county in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the solicitor general of any judicial court within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any county or municipal corporation or political subdivision of said state, to incur any other bonded indebtedness."
Senator Brcwn of the 4th district moved that the Senate agree to the House amendments.
On the motion to agree, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

SATURDAY, MARCH 18, 1939

899

Abbot Boy kin Brannen Bridges Brinson Brooks Brown Cail Causey Chastain Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Holt Howe Ingram Jordan Kelley Lindsay Manning McGinty Millican Moate

Moore New Nix
Palmour Redman Sanders Sears Smith, 12th Smith, 24th Thomason
Thrasher Twiggs Warnell Williams, 21st Williams, 31st

On the motion to agree, the ayes were 45, nays 0.

Not voting: Senators Cochran, Hass, Mavity, McCranie, Padgett, Williamson.

By unanimous consent, the verification of the roll call was dispensed with.

The motion to agree to the' amendments prevailed.

The amended bill, as passed, was as follows:

AN ACT
To propose to the qualified voters of the State of Georgia an Amendment to the Constitution of the State of Georgia, authorizing the continuance of "The Coastal Highway District" composed of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden Counties, as a political subdivision, body politic and corporate. for the purpose of aiding in the widening and reconstruction of the Atlantic Coastal Highway through said counties; to provide that said Coastal Highway District may issue bonds, and provide for a method of retiring said bonds and the payment of interest thereon; and for other purposes.
Section l. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Constitution of the State of Georgia be amended by adding the following sub-paragraph to follow Paragraph 1 of Article 7, Section 7, the same to be known as Paragraph 1-d, to-wit:
"The Coastal Highway District is hereby continued as a political subdivision, body politic and corporate of this State for the purpose of aiding in the reconstruction as a four lane highway the Atlantic Coastal Highway (State Route No. 25) extending from the Savannah River to the Florida line, with the right to sue and be sued, to have a seal, make contracts and do all things necessary or proper to carry out the purpose of this Amendment. The said district shall continue to be composed of the territory of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden.

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JOURNAL OF THE SENATE,

The said Coastal Highway District shall have authority to issue additional bonds not exceeding $4,500,000.00 for the purposes aforesaid; the bonded indebtedness of said district shall be incurred and the expenditures of funds derived therefrom as well as all other matters and transactions necessary to carry out the purposes of the Constitutional Amendment, shall be managed, controlled and directed by ten commissioners to be selected four from Chatham, two from Glynn and one each from Bryan, Liberty, Mcintosh and Camden Counties. The said Commissioners shall be selected and vacancies filled by the officers in charge of levying taxes in said counties respectively, and shall hold office for a period of five years and until their successors are selected and qualified.
The bonds shall be set up in two increments, the first increment in an amount not to exceed $500,000.00 shall be issued as required, by the Coastal Highway District for rights of way, removal of structures, administrative, and miscellaneous purposes. These bonds, when issued, shall be signed and sealed by said Cornmis sioners and shail constitute a lien upon the entire property of all the counties cornposing said district, and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasolin~ and oil taxes until all said bonds of said district are retired. Both interest and principal shall be paid by the Coastal Highway District. The principal shall be retired on a pro rata basis by the Coastal Highway District in annual payments over not to exceed 20 years from date of issuance of the first bonds. At or before the issuance of said bonds, the Commissioners of said district shall assess the Counties composing said District an amount sufficient to pay interest charges and retirement of principal, as they become due.
The second increment in an amount not to exceed $4,000,000.00 shall be issue-d as required for the purpose of aiding in the widening and reconstruction of the sail" Coastal Highway. The bonds, when issued shall be signed and sealed by saul Commissioners and shall constitute a lien upon the entire property of all the Counties composing said district and a first lien to the extent of the annual retin.rnents upon any sum payable annually thereafter by the State of Georgia to the State Highway Board from amounts collected from gasoline and oil taxes and other sources, until all bonds of said district are retired.
The principal not to exceed $4,000,000.00 shall be retired in annual payments by the State Highway Board from its revenues from any and all sources at the maximum rate of $333,333.00 per year, or such lesser amount as is represented ny the pro rata of the State's expenditures after deducting Federal. Allotments, on th~ basis of retirements of the bonds covering the said State's expenditures in a period of 12 years.
At or before the issuance of said second increment of bonds the Commissioners of said District shall assess the counties composing said district an amount sufficient to pay the intcrtst charges as they become due. The assessment against each county shall be a lien upon the entire property of all the counties composing said district and a first lien to the extent of the annual retirements and interest pay-

SATURDAY, MARCH 18, 1939

901

ments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasoline and oil taxe3 until all bonds of said district are retired.
Section 2. The bonded indebtedness here provided for shall be incurred only after submission to the qualified voters of said district at an election to be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the result of the election the vote of the entire district shall be consolidated and counted as a unit, and each county shall pay the expense of the election 111 that county; provided however that two-thirds of the voters in said election, in the entire district, must be favorable to bonds and provided further that said two-thirds so voting favorably shall be a majority of the registered voters of all the counties of the District who are qualified to vote in said election, and also two-thirds of the voters in said election in Chatham County must be favorable to bonds, which said two-thirds so voting, must be a majority of the voters of Chatham County who are qualified to vote in said election, otherwise the bonds shall not be issued. The vote shall be consolidated and the result of the election declared by the Coastal Highway District Commissioners herein provided for. The Superior Court of any County in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor General of any Judicial Court within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness.
Section 3. 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" anJ "nays" thereon and published in one or more newspapers in each congressional district of this State for two months previous to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at such election in favor of adopting the said proposed Amendment to the Constitution shaH have written or printed on their ballots the words: "For ratification to Article Seven (7), Section Seven (7), Paragraph One ( 1), of the Constitution, authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn r.nd Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification to amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution authorizing the :ontinuance of the Coastal Highway District as a body corporate and politic, com-

902

JOURNAL OF THE SENATE,

posed of the counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes"; and if a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for the ratification thereof when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven ( 7), Section Seven ( 7), and known as Paragraph 1-d of the Constitution of this State, and the Governor shall make a proclamation thereof as provided by law.
Section 4. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senators Brown of the 4th, Dawson of the 2nd and Warnell of the 1st districts-
Senate Bill No. 138. A bill to describe the duties and responsibilities of the Coastal Highway district; and for other purposes.
The House offered the followed amendments:
Messrs. Gowen of Glynn, Atkinson, Grayson and MeN all of Chatham, Ferguson of Camden, Grice of Bryan, Smiley of Liberty and DeFoor of Mcintosh, move to amend Senate Bill No. 138, as follows:
First, by adding after the words "of each county" in the eighth line of Section 2, the following sentence:
"County co~:~missioners of the counties of the district, shall be eligible to election as district highway commissioners of their respective counties."
Second, by striking from the sixth, seventh and eighth lines of Section 6 the words "that a total majority of the votes cast in Chatham county must be favorable to bonds," and inserting in lieu thereof the following:
"That two-thirds of those voting in the entire district must be favorable to bonds which said two-thirds so voting favorably must be a majority of those qualified to vote in said election, and also two-thirds of those voting in Chatham county must be favorable to bonds, which said two-thirds so voting favorably must be a majority of those qualified to vote in said election in Chatham county."
Senator Brown of the 4th district moved that the Senate agree to the House amendment ana the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering a substitute by the House:
By Mr. Palmour of the 33rd district--
Senate Bill No. 5. A bill to repeal Section 95-211 of the code of 1933 relative to bonded indebtedness of highway districts; and for other purposes.

SATURDAY, MARCH 18, 193~

903

The House offered the following substitute:
A BILL
To be entiled an Act to authorize a discount of highway refunding certificates issued to the various counties of this state pursuant to the constitution thereof; to prescribe the purpose for which the proceeds thereof may be used; and for other purposes.
Be it enacted by the General Assembly of Georgia:
SECTION 1. That any county in this state holding highway refunding certificates issued to it pursuant to Article 7, Section 8, Paragraph I, of the Constitution of Georgia, as amended, and the Act of the General Assembly of Georgia of 1933, relatin~ thereto, as amended, may sell or discount any such certificates as authorized by said Act of the General Assembly of 1933, as amended, at a rate of discount not exceeding four per cent per annum, and apply the proceeds of the sale or discount of such certificates to the payment of any lawful indebtedness of the county outstanding on the first day of March, 1939.
SECTION 2. Section One of this Act shall be fully operative notwithstanding any provision of said Act of 1933, as amended, limiting the purposes for which the proceeds of the sale of any such certificates may be used.
SECTION 3. Any county commissioner or other off1cial of any county who shall violate any provision of this Act or apply any portion of the proceeds of the sale or discount of any such certificates to any purpose not authorized by this Act or otherwise by law, shall be guilty of a misdemeanor and punished accordingly, and upon conviction thereof, be removed from office by order of the judge of the Superior Court of such county.
SECTION 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Palmour of the 33rd district moved that the Senate agree to the House substitute, and the motion prevailed.
The Senate recessed from 12:30 to l :30 P. M., and reconvened for the regular transaction of business.
Senator Durden of the lOth district moved that the Senate go into executive session to receive a sealed communication from His Excellency, the Governor, and the motion prevailed.
Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following communication was dispatched to His Excellency, the Governor:
State of Georgia The State Senate John W. Hammond, Secretary

904

JOURNAL OF THE SENATE,

Atlanta, March 18th, 1939.
Hon. E. D. Rivers, Governor,
Executive Department,
State Capitol,
Atlanta, Georgia.
My dear Governor: Under the rules governing executive sessions of the Senate I have the honor to
report to you that nominations sent to this body were duly confirmed today as follows:
For member of the State Milk Control Board: The Hon. E. B. King, of County of Muscogee, for a term commencing March 17th, 1939, and continuing at the pleasure of the Governor. The Hon. C. C. Tuggle, of County of DeKalb, for a term commencing March 17th, 1939, and continuing at the pleasure of the Governor.
The Hon. C. A. Sockwell, of County of Newton, for a term commencing March 17th, 1939, and continuing at the pleasure of the Governor.
The Hon. 0. D. Price, of County of Jasper, for a term commencing March 17th, 1939, and continuing at the pleasur!' of the Governor.
Each of these nominations was confirmed by a vote of 36 to 0.
Very sincerely yours,
John W. Hammond, Secretary State Senate.

State of Georgia The State Senate John W. Hammond, Secretary

Hon. E. D. Rivers, Governor,

Atlanta, March 18th, 1939.

Executive Department,

State Capitol,

Atlanta, Georgia.

My dear Governor:

Under the rules governing executive sessions of the Senate I have the honor to report to you that nominations sent to this body were duly confirmed today as follows:

SATURDAY, MARCH 18, 1939

905

For Judge of the City Court of Ellaville:
The Hon. Troy G. Morrow, of Schley county, for term commencing March 15th, 1939, and continuing until his successor is elected and qualified.
For Solicitor of the City Court of Ellaville:
The Hon. J. C. Bailey, of Schley county, for term commencing March 15th, 1939, and continuing until his successor is elected and qualified.
Each of these nominations was confirmed by a vote of 36 to 0.
Very sincerely yours,
John W. Hammond, Secretary State Senate.
The following bill of the Senate was taken up for the purpose of considering a substitute offered by the House:
By Senator Millican of the 52nd district-
Senate Bill No. 66. A bill to amend the constitution relative to creating a pension fund for employees of Richmond and Fulton counties; and for other purposes.
The House offered the following substitute:
A BILL
To be entitled an Act to amend Paragraph 2, of Section 6, of Article 7, of the Constitution of the State of Georgia authorizing the General Assembly to enac't laws to create a retirement and pension fund and system of retirement pay for county employees of Fulton County; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is herehy enacted by authority of the same:
Section 1.
That the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding to Paragraph 2, of Section 6, of Article 7, thereof the following words, to-wit:
"The General Assembly shall have authority, however, to enact laws authonzing the County of Fulton and the governing authorities of the schools of said county, to create a retirement and pension fund and a system of retirement pay for county employees, and for county school employees, and to levy taxes for that purpose; and to authorize the said county and the said county school authorities to enact laws, rules and regulations for the qualifications of such employees for benefits from such fund."
Section 2.
Be it further enacted by the authority aforesaid, That whenever the above

906

JOtJRNAL OF THE SENATE,

proposed amendment to the Constitution shall have been agreed to by two-thirtis of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.

Section 3.

Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election disrricts of this State at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Fulton and the school authorities of said county to create a retirement and pension fund and system of retirement pay for county and county school employees of said county;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Agaiast ratification of .unendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Fulton and the school authorities of said county to create a retirement and pension fund and system of retirement pay for county and county school employees of said county." If the people ratify such amendment by a majority of the electors qualified to vott for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof.

Section 4.

Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Senator Millican of the 52nd district moved that the Senate agree to the House substitute.

The substitute proposing an amendment to the constitution, a roll call was ordered and the vote was as follmvs:

Those voting in the affirmative were Senators:

Abbot Boy kin Brannen

Bridges Brinson Brown

Cail Causey Chastain

SATURDAY, MARCH 18, 1939

907

Cochran Cloud Daves Dawson Dorminy Dunn Estes Fortson Groover Harrell Hass

Holt Howe Ingram Jordan Kelley Lindsay Manning McGinty Millican Moate New

Nix Padgett Sanders Sears Smith, 24th Thomason Thrasher Williams, 31st Williamson

On the adoption of the substitute, the ayes were 40, nays 0.

Not voting: Senators Brooks, Durden, Mavity, :McCranie, Palmour, Redman, Smith of the 12th, Twiggs, Warnell, Williams of the 21st, Moore.

By unanimous consent, the verification of the roll call was dispensed with.

The substitute was therefore adopted.

Mr. Manmng of the 39th district, chairman of the Committee on l\llunicipal 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. 811. Do pass, by substitute.

Respectfully submitted,

Manning of 39th district, chairman.
Mr. Howe of the 38th district, chairman of the Committee on General J udiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bill ot the House and have instructed me, as chairman, to report the same back to th:! Senate with the following recommendation:
House Bill No. 449. Do pass, by substitute.

Respectfully submitted,

Howe of 38th district, chairman.
The following bills of the House were read the third time and put upon their passage:

908

JOURNAL OF THE SENATE,

By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton-
House Bill No. 811. A bill amending the charter of the City of Atlanta; and for other purposes.
The committee offered the following substitute, which was adopted:

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.
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 establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and. the same are hereby amended as follows:
SECTION 1. Section 356 of the Charter of the City of Atlanta, as disclosed by the Code of Atlanta, 1924, is amended by adding the following at the end thereof:
"In all cas~s where such chief, officer, member or employee of said department is indicted by the Grand Jury of Fulton County, or any other county of the State of Georgia, for an offense involving moral turpitude, or an offense pertaining to, or concerning his official conduct, he shall by virtue of such indictment, be suspended without right to compensation until he may be tried by the Police Committee of the General Council, or by a jury in the Superior Court, or other court having jurisdiction, and upon conviction either by the Police Committee, or by the jury, he shall thereupon be discharged."
SECTION 2. The Mayor and General Council of the City of Atlanta are hereby authorized to convey to Ernest G. Beaudry, his heirs, successors and assigns, the following described tract of land, now a part of the park property of the City ot Atlanta:
"All that tract or parcel of land lying and being in Land Lot 154 of the Seventeenth (17th) District of Fulton County, Georgia, more particularly described as follows:
"Beginning at a point on a line four hundred (400) feet west of Northside Drive and two hundred fifty (250) feet north of the second street south of Peachtree Creek running west from Northside Drive; thence west one hundred forty-one and ten one-hundredths (141.10) feet to Memorial Drive; thence northeasterlv along south side of Memorial Drive one hundred eighty-eight and six-tenths (188.6) feet; thence south one hundred thirty and seven-tenths ( 130.7) feet to the point of beginning."
SECTION 3. That the territorial limits of the City of Atlanta be and are hereby extended so as to take in territory adjacent to the present limits, fully described as follows:

SATURDAY, MARCH 18, 1939

909

"All that tract or parcel of land lying and being in the 15th District of DeKalb County, Georgia, more particularly described as follows:
"A tract of land on the south side of Glenwood Avenue beginning at the corner of West Street and Glenwood Avenue and extending east along _the south side of Glenwood Avenue a distance of approximately 1,550 feet to Lot No. 8, according to a plat made by Gordon Nalley, Engineer, and extending thence south approximately 185 feet, more or less, to the southwest corner of Lot .K o. 8, thence west to West Street; therce north approximately 117.4 feet to the point of beginning.
SECTION 4. The power and authority of the City of Atlanta under its present charter and ordinance and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included in the limits above described on January 1st, 1940. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta; the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter; and the laws and ordinances of the City of Atlanta are extended to all limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta.
SECTION 5. All laws and parts of laws in conflict with these laws be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 747. A bill amending an Act creating the city court of Colquitt county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

910

JOURNAL OF THE SENATE,

By Messrs. Harris of Richmond and Parker of Colquitt-
House Bill No. 591. A bill continuing the present rate of taxation on beer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Allen of Dougherty-
House Bill No. 810. A bill amending the General Tax Act to provide that no person shall be exempt from taxes who has more than one employee; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
By Mr. Kennedy of Tattnall-
The bill, having received the requisite constitutional majority, was passed.

House Bill No. 322. A bill authorizing the Governor to sell certain lands Jn 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 passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Ennis of Baldwin and Lanham of Floyd-
House Bill No. 760. A bill appropriating money to the state welfare department for cert.ain uses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Abbot
Brannen Bridges Brooks Brown

Cail Causey Cochran Cloud Daves

Dawson Dorminy Dunn Durden Estes

SATURDAY, MARCH 18, 1939

911

Fortson Groover Harrell Holt Howe Ingram Jordan Kelley Lindsay

Manning McCranie McGinty Millican Moate Moore New Padgett Palmour

Redman Sanders Sears Smith, 12th Smith, 24th Thomason
Thrasher Williams, 21st Williamson

On the passage of the bill, the ayes were 42, nays 0.

Not voting: Senators Boykin, Brinson, Chastain, Hass, :Mavity, Nix, Twiggs, Warnell, Williams of the 31st.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Dean of Rockdale-

House Bill No. 478. A bill providing for distribution of funds received from state highway cootracts with 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The followir.g resolution of the Senate was read and adopted-
By Senators Harrell of the 7th and Brooks of the 8th districts and others-
Senate Resolution No. 69. A resolution thanking the Hon. Jeff Pope, former Senator from the 7th district, and the Cairo Pickle Co., of Cairo, Ga., for the jars of pickles presented to each member of the Senate.

The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:

The House insists on its position and requests the appointment of a Committee of Conference on the following bill of the Senate, to-wit:

By Senator Millican of the 52nd district--

Senate Bill No. 172. A bill to be entitled an Act to aid the Western and Atlantic Railroad by the creation of a commission authorized to contract in the name and on behalf of the State of Georgia for the construction, use and maintenance of income producing buildings; and for other purposes.

912

JOURNAL OF THE SENATE,

The Speaker has appointed, 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. Candler of DeKalb,
Clements of Wheeler,
Carmichael of Cobb.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senator Groover of the 37th district-
Senate Bill No. 181. A bill to be entitled an Act to amend an Act approved February 28, 1939, which amendt>d Section 53-208 o the Code of 1933; and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 358. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton-
House Bill No. 653. A bill to be entitled an Act to amend the charter of the City of East Point; and for other purposes.
By Mr. Barrett of Cherokee-
House Bill No. 750. A bill to be entitled an Act to reincorporate the Town of Woodstock; to rt"peal its present charter; and for other purposes.
By Messrs. Rogers, Lanham and Davis of Floyd-
House Bill No. 764. A bill to be entitled an Act to amend the charter of the City of Rome; and for other purposes.
By Mr. Forrester of Dade-
House Resolution No. 60-259 A. A resolution authorizing and directing the state librarian to furnish certain law books to Dade county; and for other purposes.

SATURDAY, MARCH 18, 1939

913

By Messrs. Bloodworth, Merritt and Grice of Bibb-

House Resolution No. 93-361 C. A resolution to furnish certain appellate court reports to the city court of Macon; and for other purposes.

By Messrs. Lanham, Davis and Rogers of Floyd-

House Resolution No. 186-807 A. A resolution authorizing the state librarian to furnish certain court reports to the County of Floyd; and for other purposes.

Senator Millican of the 52nd district moved that the Senate insist upon its position in disagreeing to House amendments to Senate Bill No. 172, and ask for a Conference Committee.

The motion prevailed, and the President appointed as a Conference Committee on the part of the Senate the following: Senators Millican of the 52nd, Abbot of the 18th and Cloud of the 19th districts.

The following resolution of the Senate was read and taken up for consideration:

By Senators Durden of the lOth, Spivey of the 16th, Groover of the 37th districts and others-

Senate Resolution No. 70. A resolution inviting the Georgia Bankers Association to name a committee to make a complete investigation of each department of the state government; and for other purposes.

Senator Estes of the 35th district moved that the resolution be tabled.

On the motion to table, Senator Durden of the lOth district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote v;as as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Bridges Chastain Cochran Dawson Dunn

Estes Fortson Kelley Manning McCranie McGinty Millican

Moate Moore Nix Padgett Redman
Sanders Smith, 12th

Those votiag in the negative were Senators:

Brannen Brinson Brooks Cail Causey Cloud Daves

Dorminy Durden Groover Harrell Hass Holt Howe

Ingram Jordan Lindsay New Palmour Sears Smith, 24th

914

JOURNAL OF THE SENATE,

Thomason Thrasher

Twiggs Williams, 21st

Williams, 31st Williamson

On the motion to table, the ayes were 21, nays 27.

Not voting: Senators Brown, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The motion was therefore lost.

Senator Millican of the 52nd district offered the following amendment, which was adopted:

By changing word "requested" to the word "directed."

On the adoption of the resolution, as amended, the ayes were 30, nays 3.

The resolution was adopted, as amended.

The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority, the following bill of the Senate, to-wit:

By Senator Boykin of the 29th district-

Senate Bill No. 186. A bill to be entitled an Act to repeal the Act providing for the appointment of members of the prison and parole commission; and for other purposes.

The following bill of the House was read the third time and put upon its passage:

By Mr. Campbell of Newton-
House Bill No. 649. A bill to regulate political primary elections for nommations of candidates for the State Senate; and for other purposes.

The committee offered the following amendment, which was adopted:

To amend House Bill No. 649 by adding at the end of Section 3 the following:

"Provided that not withstanding any other provision of this Act in every senatorial district composed of counties having equal representation in the House of Representatives that no such county shall furnish the nominee for State Senator in said district at two successive elections unless the same is consented to by the executive committees of each of the other counties in said district."

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 42, nays 1.

SATURDAY, MARCH 18, 1939

915

The bill, having received the requisite constitutional majority, was passed, as amended.
The following bill of the Senate was taken up for the purpose of considering a substitute offered by the House:
By Senator Boykm of the 29th district-
Senate Bill No. 186. A bill to repeal Section 77-509 of the Code of 1933 providing for the appointment of members of the pardon and parole commission; and for other purposes.
The House offered the following substitute:
HOUSE SUBSTITUTE FOR SENATE BILL NO. 186
An Act to be entitled an Act to amend an Act approved February 3, 1938, Georgia Laws 1937-1938, Extraordinary Session, page 200 et seq; to provide for the election of the members of the State Prison and Parole Commission of the State of Georgia; to provide that the Governor of the State of Georgia shall have power to fix the expiration date for term of each of the present members of said Commission; to fix their terms of office; to provide for an interim appointment of said members by the Governor; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:
SECTION 1.
That Section 2 of the Acts of 1937-38, Extraordinary Session, Georgia Laws 1937-38, page 200 et seq, be and the same is hereby amended by striking from said Act Section 2 in its entirety and substituting in lieu thereof the following:
"The State Prison and Parole Commission shall be composed of three members who shall be elected by the qualified voters of the State of Georgia and whose term of office shall be for a period of six years. One of said members shall be elected at the general election held in 1940, and one at the general election to be held in 1942, and one in the general election to be held in 1944. The term of office for each member thus elected shall be for six years, commencing on the first day of January following such election. A successor to each member of the Commission shall be elected in the gweral election next before the term of office expires. The present members of the Prison and Parole Commission shall serve until their successors are elected as herein provided. The Governor shall fix the expiration date for the term of each of the present members of said commission, so that the term of one of ~aid members shall expire December 31, 1940, and one on December 31, 1942, and one December 31, 1944. The Governor, by and with the consent of the Senate, shall name one member of said commission as Chairman, whose term as such Chairman shall run concurrently with his membership on said commission. The said Chairman shall be the executive director of said commission and shall exercise the administrative powers of the commission when the same is not in session, and direct generally the administration of the laws, rules and regulations of the Prison and Parole Commission."

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JOURNAL OF THE SENATE,

SECTION 2.
All vacancies from any cause on said commission shall be filled by appointment by the Governor, subject to the approval of the Senate.
SECTION 3.
This Act shall become effective immediately upon approval by the Governor.
SECTION 4.
All laws and parts of laws m conflict herewith be and the same are hereby repealed.
Senator Cail of the 17th district moved that the Senate disagree to the House substitute.
As a substitute motion, Senator Lindsay of the 34th district moved that the Senate agree to the House substitute.
Senator Millican of the 52nd district called for the prevwus question and the call was sustained.
The motion of Senator Lindsay of the 34th district prevailed and the substitute was agreed to.
The following bill of the House was read the third time and put upon its passage:
By ~Iessrs. Blackshear and Terrell of Hall-
House Bill No. 244. A bill appropriating money to purchase law books for the County of Hall; and for other purposes.
The committee offered the following amendments, which were adopted:
Amend House Bill No. 244 by adding a new section to be known as Section 1 A:
"There is hereby appropriated from the Treasury of the State of Georgia the sum of $750.00 for the purchase of Georgia Reports, Volumes 1 and 2 preliminary, and Volumes 1 to 186 inclusive; Georgia Appeals Reports, Volumes 1 to 57 inclusive; for the use of Emanuel county in place of the law books of Emanuel county destroyed by fire. Upon the purchase of said law books, the Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose."
Further amend caption line 3 after word "storm" the following: "and for the County of Emanuel to replace books destroyed by fire."
Amends House Bill ~ o. 244 by adding a new section to be known as Section 2 A:
"There is hereby appropriated from the Treasury of the State of Georgia the sum of $750.00 for the purchase of a complete set of Georgia Reports and a complete set of Georgia Acts and a complete set of Georgia Appeals Reports for the

SATURDAY, MARCH 18, 1939

917

use of Oconee County-all books of the County having been destroyed by fire. The Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose."

Further amends caption line 3, after the words "and for the County of Emanuel to replace books destroyed by fire" by adding the following: "and for the County of Oconee to replace books destroyed by fire."
The report of the CO!Ilmittee, which was favorable to the passage of the hill, as amended, was agreed to.
The bill involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Brannen Bridges Brinson Brooks Causey Chastain Cochran Daves Dawson Dorminy Dunn Durden Estes Fortson

Groover Harrell Holt Howe Ingram Jordan Lindsay Manning McGinty Millican Moate Moore New Nix

Padgett Palmour Redman Sanders Sears Smith, 12th Smith, 24th Thomason
Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 41, nays 0.

Not voting: Senators Abbot, Boykin, Brown, Cail, Cloud, Hass, Kelley, Mavity, McCranie, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional majority, was passed, as amended.

The following resolution, with 51 Senators included as authors by unammous consent, was read and unanimously adopted:

A RESOLUTION

By Senators Harrel of the 7th, Howe of the 38th, Durden of the lOth and Spivey of the 16th districts-
Whereas, Honorable Ben W. Fortson, Jr., Senator from the 50th district is the most beloved Senator of all by his fellow Senators, and

918

JOURNAL OF THE SENATE,

Whereas, his cheerfulness, his fine spirit of comradeship and his wise and able counsel has been an inspiration to us all.
Therefore, be it resolved by the Senate of the State of Georgia that we extend to Senator Fortson our sincere thanks and appreciation of the opportunity of serving with this distinguishd Georgian. That this resolution be incorporated in the Journal.
The following bills of the House were read the third time and put upon their passage:
By Mr. Swindle of Berrien-
House Bill No. 414. A bill giving private bankers the right to charge exchange on checks; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes W!Ore 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Whippl~ of Bleckley and others-
House Bill No. 76. A bill to amend the constitution to provide that judges of the superior courts may, in vacation, hear and determine any matter not requiring a jury verdict; and for other purposes.
The committee offered the following amendment, which was adopted:
The committee moves to amend House Bill No. 76 by inserting in the last line of Section 1 between the word "be" and the word "waived" the words "and has been."
Senator Lindsay of the 34th district moved that the bill be tabled and later withdrew the motion.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Brown Cail

Causey Chastain Cloud Daves Dawson Dorminy Dunn

Durden Estes Fortson Groover Harrell Hass Holt

SATURDAY, MARCH 18, 1939

919

Howe Ingram Jordan Kelley Lindsay Manning McGinty

Moate Moore Nix Padgett Palmour Redman Sanders

Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, tht! ayes were 42, nays 0.

Not voting: Senators Boykin, Cochran, Mavity, McCranie, Millican, New, Sears, Smith of 12th, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

The bill, as passed, was as follows:

A BILL

To be entitled an Act to amend Paragraph 8, of Section 4, of Article 6, of the Constitution of the State of Georgia, so as to provide that the judges of the Superior Courts may in vacation hear and determine any matter or issue, where a jury verdict is not required, or may be waived; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that:
Section 1.
Paragraph 8, of Section 4, of Article 6, of the Constitution of the State of Georgia is amended by adding at the end of said paragraph the following, to-wit:

"The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at Chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived."

So that said paragraph, as amended, shall read:

"Paragraph 8. The Superior Courts shall sit in t!ach county not less than twice ip each year, at such times as have been or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be and has been waived."
Section 2.
When this 2.mendment to the constitution shall have been approved by the General Assembly of the State of Georgia, in the manner provided by law, the Governor of this State shall, in the manner provided by law, cause the same to be voted upon by the people of the State, at the next general election held for such purpose.

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JOURNAL OF THE SENATE,

At said election, the ballots shall have printed thereon, "For amendment to Paragraph 8, Section 4, Article 6, of the State Constitution to authorize Superior Court judges, in vacation, to hear and determine matters not requiring a jury verdict," and "Against amendment to Paragraph 8, Section 4, Article 6, of the State Constitution to authorize Superior Court judge~, in vacation, to hear and determine matters not requiring a jury verdict." If a majority of the qualified voters at such election shall vote "for" the ratification of the amendment, the same shall become a part of the State Constitution, and the Governor of the State shall make proclamation thereof.
Section 3.
That all laws, and parts of laws, in conflict herewith are repealed.
The following resolutions of the Senate were read and adopted:
By Senators Spivey of the 16th, Harrell of the 7th districts and others-
Senate Resolution No. 72. A resolution thanking the law department of the state for its co-operation to members during this session of the General Assembly.
Senate Resolution No. 73.
By Senator Spiv~y of the 16th district and all other Senators-
A RESOLUTION
Whereas, the regular session of 1939 is drawing to a clos~, and
Whereas, the Senate of the State of Georgia has been graced by the presence of the most charming and delightful Senator from the 47th, Mrs. Susie T. Moore, and
Whereas, Senator Moore has by her grace and charm and her wise counsd been of invaluable assistance to the State in the deliberations of this body.
Therefore, be it resolved by the Senate of the State of Georgia that we extend to Mrs. Moore our appreciation of the opportunity of serving in the Senate with this able and distinguished Georgian, whose every purpose has been to promote the interests of our great state.
The following bills of the House were read the third time and put upon their passage_:
By Mr. Davis of Floyd-
House Bill No. 436. A bill to amend the Code of 1933 to change the qualifications of county superintendents of schools in certain counties; and for other purposes.
Senator Millican of the 52nd district offered the following amendment, which was adopted:
By adding before the word "election" the words "a primary."

SATURDAY, MARCH 18, 1939

921

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, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Messrs. Beck and Reid of Carroll-
House Bill No. 274.
CARROLLTON BONDED DEBT
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 Carrollton 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 funds to be raised for said issues to be used exclusively for said outstanding bonds; to provide for ratification of the amendment 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 Carrollton may issue refunding serial bonds not in excess of the aggregate sum of Sixteen Thousand ($16,000.00) Dollars for the purpose of refunding and retiring any bonded indebtedness of said city 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 Carrollton 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, 1939; said refunding bonds shall be issued when authorized by a vote of the mayor and city council of Carrollton and shall be validated as provided by law.
Section 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

922

JOURNAL OF THE SENATE,

their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Carrollton 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 Carrollton to issue refunding bonds." And if a majority of the eltctors qualified to vote for members of the General Assembly, voting thereon shall vote for the ratification thereof when the result shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shali 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.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as tallows:

Those voting in the affirmative were Senators:

Abbot Brannen Bridges Brinson Brooks Cail Causey Cloud Dawson Dorminy Dunn Durden Estes Fortson

Groover Harrell Holt Howe Ingram Jordan Kelley Lindsay Manning McCranie McGinty Millican Moore New

Nix Padgett Palmour Redman
Sanders Sears Smith, 24th Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 41, nays 0.

Not voting: Senators Boykin, Brown, Chastain, Cochran, Daves, Hass, Mavity, Moate, Smith of the 12th, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Looper of Dawson-
House Bill No. 677. A bill amending the highway mileage Act; and for other purposes.

SATURDAY, MARCH 18, 1939

923

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read the third time and put upon its passage:
By Mr. Holtzendorff of Ben Hill-
House Resolution No. 165.
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax not to exceed one mill for the purpose of raising a fund which may be set aside, appropriated, and used by the City of Fitzgerald in assisting, promoting and encouraging the location of new industries therein; and which may also be set aside, appropriated and used by said City of Fitzgerald for the purpose of advertising said City, and such fund so raised shall be spent in such manner for such purposes as the governing body of said City may provide.
Be it resolved by the General Assembly of Georgia:
SECTION 1.
That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the folldwing language: "Provided, however, that the City of Fitzgerald, in Ben Hill County, Georgia, is authorized to levy a tax on all of the taxable property therein, not to exceed one mill, for the purpose of securing a fund to be set aside, used and appropriated by the City of Fitzgerald in assisting, promoting and encouraging the location of new industries therein. And which may also be set aside, appropriated and used by said City of Fitzgerald for the purpose of advertising said City, and such fund so raised shall be spent in such manner for such purposes as the governing body of said City may provide. Said tax and appropriation being in addition to those now authorized by law."
SECTION 2.
This amendment shall be published in some newspaper in each Congressional District for two months before the next general election, and at the next general election it shall be submitted to the qualified voters of Georgia for ratification or rejection. Those desiring to vote in favor of ratification of the amendment shall have written or printed on their ballots the words, "For ratification of the amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax and appropriate money for securing new industries." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words, "'Against ratification of the

924

JOURNAL OF THE SENATE,

amendment to Article 7, Section 6, Paragraph i, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax and appropriate money for securing new industries."
If a majority of those qualified to vote for mt>mbers of the General Asst>mbly, voting at said dection, shall vote in favor of th:: ratification of the amendment, the same shall become a part of Article 7, Section 6, Paragraph 1. of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law.

SECTION 3.

Be it further resolved that before the provisions of this Act shall become effective the City Council by proper resolution shall call an election in said municipality to be held within thirty days from the date of ;aid c:1ll and publish a notice thereof in the official organ of said county. which el~ction shall be held under the bame rules and regulations covering the elections of officers of smd municipality, at which it shall be submitted to the qualified voters of Fitzgerald, Georgia, the question of whether or not the City of Fitzgt>rald will be authorized to levy a tax on all taxabl~ property located therein not to exceed one mill for the purpose of securing a fund to be set aside, used and appropriated by the City of Fitzgerald in a5sisting, promotin~ and encouraging the location of new industries to be located in the City of Fitzgerald; which fund shall be spent for such purpos~s by and with the approval of the Board consisting of the .\Iayor of the City of Fitzgerald, Prt>sident of the Chamber of Commerce and Chairman of the Watt>r, Light and Bond Commission, whether such an amendment shall go into effect or not. Those voting in favor of the amendment to aforesaid shall have written or printed on their ballots, "For Amendment''. And those opposed to said amendment shall have plainly written or printed on their ballots, "Against Amendment". If the majority of votes cast shall be in favor of said amendment, the provisions of this resolution shall become effective and the governing authorities of said City shall in accordance herewith levy the tax aforesaid. If the majority of votes in said election are not in favor of amendment, then this law shall be void and of no effect.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
The resolution proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot
Brannen Bridges Brinson Brooks Cail Causey Chastain

Cochran Cloud Daves Dawson Dorminy Estes Fortson Groover

Harrell
Holt Howe Ingram Jordan Kelley Manning McCranie

SATURDAY, MARCH 18. 1939

925

McGinty Moate ,Moore New Nix Padgett

Palmour Redman Sanders Sears Smith, 24th Thomason

Thrasher Twiggs Warnell Williams, 21st Williams, 31st Williamson

On the passage of the resolution, the ayes were 41, nays 0.

Not voting: Senators Boykin, Brown, Dunn, Durden, Hass, Lindsay, Mavity, Millican, Smith of the 12th, Warne!!.

By unanimous consent, the verification of the roll call was dispensed with.

The resolution, having received the requisite constitutional two-thirds majority, was passed.

The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:

The House has passed, by substitute as amended, by the requisite constitutional majority, the following bill of the Senate, to-wit:

By Senator Manning of the 39th district-

Senate Bill No. 43. A bill to be entitled an Act to define and prohibit reckless driving; to restrict the speed limit; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a substitute and amendments to a substitute offered by the House:

By Senator Manning of the 39th district-

Senate Bill No. 43. A bill to increase the speed limit upon the highways to fifty miles per hour; and for other purposes.

The House offered a substitute for the bill.

The House offered the following amendments to the substitute, which were adopted:

Mr. Gross of Stephens moves to amend substitute to Senate Bill No. 43 by adding a new paragraph to Section 2 to be known as Paragraph "E" and to read as follows:

"Paragraph 'E.' Provided, however, that nothing in this Act shall affect the rights of municipalities to regulate speed of motor vehicles within their corporate limits, when said speed limit is equal to or less than the maximum speed provided for in this Act."

Mr. Gross of Stephens moves to amend substitute to Senate Bill No. 43 by

926

JOURNAL OF THE SENATE,

alding immediately after the words "area" and before the words "Provided further" the words "and shall keep them extinguished until passing the approaching vehicle."
Mr. Franklin of Polk moves to amend substitute for Senate Bill No. 43 by adding to Section 5, a subsection appropriately lettered and to read as follows:
" (d) The provisions of this Act shall become operative and effective 30 days after date of approval."
Messrs. Carmichael of Cobb, Harris of Richmond and Scott of Thomas, move to amend the substitute for Senate Bill No. 43 by adding thereto a new section to be appropriately numbered and read as follows:
"Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that any person, firm or corporation who makes an affidavit to the chief clerk of the motor vehicle division of the State Revenue Department that their motor vehicle was not used except on their own farm, nor beyond the city limits of any incorporated town in the State during the year 1937, and that they have purchased all tags required by law since December 24th, 1937, that upon the making of said affidavit that the Maintenance Tax Act approved March 30th, 1937, known as the Maintenance Tax Act and repealed by an Act of the General Assembly approved December 24, 1937, as applied to the affiant, be and the same is hereby suspended."
Mr. Bell of Grady moves to amend House substitute for Senate Bill No. 43 by adding a new section to be appropriately numbered and inserted as follows, to-wit:
"Penalty for violation of this Act. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor, or as otherwise provided in this Act. It is the duty of every arresting officer both county, municipal and State, to enforce the provisions of this Act."
The substitute, as amended, was as follows:
A BILL
To be entitled an Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this State ; to provide for the erection of stop signs; to provide for the dimming of lights of motor vehicles; to provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching vehicles and to provide how the minimum requirements of reflectors shall be determined; to require the filing of reports of accidents by operators or occupants of motor vehicles involved in accidents on public streets and highways; to require reports by the coroners in the several Counties of the State concerning deaths resulting from accident~ on public streets and highways; to provide for the enforcement, penalties and punishment for the violation of this Act; to repeal a.ll laws and parts of laws in conflict with this Act; and for other purposes.

SATURDAY, MARCH 18, 1939

927

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION I. Reckless Driving:

(a) Any person who drives any motor vehicle upon a street or highway in this State in such a manner as to be in willful or wanton disregard of the safety oi persons or property is guilty of the criminal offense of reckless driving.

(b) Every person convicted of reckless driving shall be punished as follows: Upon first conviction, by imprisonment for not less than five (5) days nor more than 60 days, or by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by both such imprisonment and fine; and upon a second or subsequent conviction shall be punished by imprisonment for not less than ten ( 10) days nor more than six (6) months, or by a fine of not less that Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by both such imprisonment and fine.

SECTION 2. Restrictions as to Speed:

(a) No person shall operate a motor vehicle upon any public street or highway at a speed that is greater than is reasonable and safe, having due regard to the conditions then existing, including the width, grade, character, traffic, and common use of such street or highway, or so as to endanger life or limbs, or propertf in any respect whatsoever.

(b) Subject to the foregoing limitations operators of motor vehicles upon the public streets and highways of this State are authorized to operate them up to but not exceeding the speed limits provided in the following classified tabulation:

Total gross combined weight of motor vehicle and load in pounds

Speed in miles per hour Kind of Tires

Metallic

Solid

Pneumatic

Less than 10,000 ...................................................... 10

25

55

10,000 to 16,000 ...................................................... 8

20

40

Over 16,000 .............................................................. 5

18

35

Provided, however, that all passenger motor vehicles operated on the public streets and highways of this State and having pneumatic tires are authorized to operate at a speed up to but not exceeding 55 miles per hour.

Provided, further, that the maximum speed limit for buses used in transporting school children, and when actually transporting one or more school children, shall not be operated in excess of 40 miles per hour, and provided further that all school buses must be inspected when required, or requested, by the Director of Public Safety or any member of the Georgia State Patrol, in order to ascertain its mechanical and physical condition as to brakes, lights and any other feature which in the opinion of the Director of Georgia Department of Safety may deem essential, for the safety of its driver, passengers, and general public.

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JOURNAL OF THE SENATE,

(c) Whenever the Department of Public Safety shall determine, upon a basis of an engineering or traffic survey, that any spe<!d herein above authorized is greater than is safe under the conditions found to exist on any segment of a public street or highway, said Department shall fix, determine and declare special speed restrictions thereat and therefor, and may put same into effect by erecting proper highway signs, giving notice of said restrictions at such place or places.
(d) The speed limitations set forth in this article shall not apply to authorized emergency vehicles when responding to emergency calls or when in immediate pur suit of an actual or suspected violator of the laws of this State, provided, however, that all such emergency vehicles shall observe the limitations hereinabove imposed at all times other than those specified in this paragraph, and this provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the public streets and highways, nor shall it protect the driver of any emergency vehicle from the consequences of reckless disregard of the safety of others.
(e) Provided, however, that nothing in this Act shall affect the rights of municipalities to regulate speed of motor vehicles within their corporate limits, when said speed limit is equal to or less than the minimum speed provided for in this Act.
SECTION 3. Stop Signs:
(a) The Department of Public Safety is authorized to fix rules in respect to right-of-way at intersections of said highways or public roads outside of municipalities and to promulgate other reasonable safety rules in respect thereto, and to give notice of same by proper signs erected at or near said intersections. Said signs to be erected and maintained by Highway Department Maintenance Department.
(b) Every driver of a motor vehicle and every motorman of a street car shall stop at such stop signs as shall be erected or made by the Department of Public Safety at the approach of such intersections, except when directed to proc~ed by a police officer or traffic control signal.
SECTION 4. Dimming Lights:
(a) Every motor vehicle operated on the public streets or highways of this State shall be equipped with two front head lights located near the side extremities of the front, capable of revealing a person, vehicle or object at least five hundred feet (500 ft.) ahead in the darkness, and so arranged that at no time will the beam from said lights create a blinding glare or interfere with the vision of the driver of any vehicle approaching within five hundred feet (500 ft.) of said vehicle; and any auxiliary headlights in front must be extinguished when within five hundred feet (500 ft.) of any vehicle ahead or any congested traffic area and shall keep them extinguished until passing the approaching vehicle; provided, further, that every such motor vehicle shall be equipped also with a rear light, red in color, and visible for at least two hundred feet (200 ft.) in the darkness in the rear; and provided, further, that said lights, both front and rear, when said motor vehicle

SATURDAY, MARCH 18, 1939

929

is being operated on a public street or highway must be lighted one half hour after sunset to one half hour before sunrise and at any other time when vision is restricted for any reason less than five hundred feet (500 ft.) along a public street or hig-hway.
(b) Provided further that all trucks of more than 1 ~'i ton capacity shall have clearance lights at each extremity in the froi:lt and clearance lights at each extremity in the rear. Where the cab of said truck is not as wide as the body said clearanc.: must be placed at the widest extremity of the body, so as to clearly indicate the width of the truck to approaching traffic from either ciirection. Said lights not to be of any glaring or blinding nature.
SECTION 5. Reflectors.
(a) All vehicles using the public roads and highways of the State of Georgia at night shall be equipped with front and rear reflectors, in addition to the lights required by Section 4 of this Act, to serve as a warning signal to drivers of approaching vehicles.
(b) The Department of Public Safety is hereby vested with the authority tG determine and specify the type of reflectors to be placed on vehicles; to approve reflectors meeting the minimum requirements; and to make such other reasonable rules and regulations needed for the use of said reflectors.
(c) The fact that no reflectors, or reflectors failing to meet the mtmmum requirements and approval of the said Department of Public Safety according to the said rules and regulations of the Department, are on the vehicle, shall be considered prima facie evidence of negligence on the part of the owner of such a vehicle.
(d) The provisions of this Act shall become operative and effective 30 days after date of approval.
SECTION 6. Filing of Accident Reports.
(a) The driver of a motor vehicle involved in an accident on a public street or highway resulting in injury to or death of any person or in a total property damage to an extent of Fifty Dollars ($50.00) or more shall, within twenty-four (24) hours after such accident, forward a written report of such accident to the Department of Public Safety on a form prepared by said Department, provided, that said Department in its discretion may require the filing of a supplemental report in apy case where it shall deem the original report to be insufficient, and may require witnesses of such to render reports to said Department.
(b) Whenever the driver of a motor vehicle involved in any accident referred to in the next preceding paragraph shall be incapable of making the required accident report and there is another occupant of the vehicle at the time of the accident capable of making such report such occupant shall make or cause to be made such accident report.
(c) The Department of Public Safety shall prepare and upon request supply to the police departments, sheriffs, coroners, and other suitable agencies or individuals, forms for use in making said accident reports, which reports shall call for

930

JOURNAL OF THE SENATE,

sufficiently detailed information to disclose the nature of said traffic accident, its apparent cause, the conditions surrounding the accident, persons and vehicles involved.
(d) Every coroner of this State and every other official performing the functions of a coroner shall iln or before the tenth (lOth) day of each calendar month report in writing to the Department of Public Safety the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle on a public street or highway and the circumst:-.nces of such accident as are available.
(e) All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department except that the Department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies having been present at such accident; provided, that no such report shall be used as evidence in any trial, civil or criminal, arising out of the accident, except that the Department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that the specified accident report has or has not been received by the Department, solely to prove a compliance or failure to comply with the requirement that such report be made.
(f) The Department shall tabulate and analyze all such accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents.
(g) Investigation of an accident by police or other public officers shall not excuse persons from the duty of making the reports to the Department as herein required.
SECTION i. Be it further enacted by the General Assembly of the State of
Georgia and it is hereby enacted by authority of same, that any person, firm or corporation who makes an affidavit to the Chief Clerk of the Motor Vehicle Division of the State Revenue Department that their motor vehicle was not used except on their own farm, nor beyond the city limits of any incorporated town in the state during the year 1937, and that they have purchased all tags required by law since December 24, 1937, that upon the making of such affidavit that the Maintenance Tax Act approved March 30, 1937, known as the Maintenance Tax Act and repealed by an Act of the General Assembly approved December 24, 1937, as applied to the affiant, be and the same is hereby suspended.
SECTION 8. Penalty for violation of this Act.
Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor, or as otherwise provided in this Act. It is the duty of every arresting officer, both county, municipal and state, to enforce the provisions of this Act.
SECTION 9. Be it further enacted that should any section or paragraph or

SATURDAY, MARCH 18, 1939

931

part of this Act be declared void for any reason by proper authority, the remaining parts and portions of the same shall continue to be in full force and effect.
SECTION 10. Be it further enacted by virtue of the authority aforesaid that the foregoing provisions as to speed shall supersede and stand in lieu of all other Georgia legislation in respect to speed of motor vehicles upon the public streets and highways of this state and that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Manning of the 39th district moved that the Senate agree to the House substitute, as amended, and the motion prevailed, ayes 27, nays 3.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Messrs. Parker and Barlow of Colquitt-
House Bill No. 219. A bill to be entitled an Act to amend the Compulsory School Law; and for other purposes.
By Messrs. Campbell of Newton and Gill of Bryan-
House Bill No. 649. A bill to be entitled an Act to regulate political primary elections for nominations for the State Senate; and for other purposes.
The following bill of the House was read the third time and put upon its passage:
By Mr. Graham of Brooks-
House Bill No. 638. A bill prohibiting goats from running at large in Brooks 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Thrasher of the 27th district asked unanimous consent to have Senate .Bills Nos. 191, 192, 199, and 178, of which he was the author, withdrawn from further consideration of the Senate, and the consent was granted.
The following bill of the House was read the third time and put upon its passage: By Messrs. Harris, Lanier and Jones of Richmond-
House Bill No. 742.

932

JOURNAL OF THE SENATE,

A BILL
To be entitled an Act To propose to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of 1933, as Section 2-5501, so as to authorize the City Council of Augusta 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 Augusta in the year in which said loans are made; to authorize the City Council of Augusta to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Augusta, and 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 been amended heretofore, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit:
"And except that the City Council of Augusta, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the City in that year; said loans to be evidenced by promissory notes signed by the Mayor and Clerk of the City Council of Augusta and previously authorized by a majority vote of the City Council of Augusta, with the Mayor voting as provided by law and City ordinances, at any regular or called meeting and entered on the minutes of the City Council. The aggregate amount of said loans outstanding at any one t.ime shall not exceed fifty (50%) per cent. of the total gross receipts of the City of Augusta 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 th~ loan is made shall not affect the obligation of the City Council of Augusta to pay the same.
And except also that the City Council of Augusta by a majority vote of the City Council, with the Mayor voting as provided by law and City ordinances, may issue notes or debt certificates not in excess of the sum of One ~Million ($1,000,000.00) Dollars principal amount, to be execut~d by the Mayor and Clerk of Council f~r the retirement and payment of the deficit and current indebtedness of the City oi Augusta, provided such issues shall be made on or before the first day of January next following the date of adoption and proclamation of this :~mendment. Such notes or debt certificates so issued shall mature in ten ( 10) annual equal amounts, beginning one year from date of issuance and maturing each year thereafter for a period of ten years. Said notes or debt certificates shall be issued and validated when authorized by a majority vote of the City Council of Augusta, with the Mayor voting as provided by law and City ordinances, and the City Council is hereby

SATURDAY, MARCH 18, 1939

933

authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the validation, issuance, negotiation and sale of said notes or debt certificates".
SECTION 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 of the two Houses, said amendment shall be entered on their journals, with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia 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 I, of the Constitution, authorizing the City Council of Augusta to make temporary loans, and authorizing the City Council of Augusta to retire the deficit and any current indebtedness".
And all persons opposed to the adoption of said amendment authorizing the City Council of Augusta to make temporary loans and to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Augusta 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 Council of Augusta to make temporary loans, and authorizing the City Council of Augusta to retire the deficit and pay current 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, the said amendment shall become a part of Article 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof, and the City Council of Augusta, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the Act or Acts embraced in such amendment.
SECTION 3.
Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith shall be and the same are hereby repealed.

I, J. W. Westmoreland, Clerk of Council, hereby certify that the foregoing is
a true and correct copy of Proposed Constitutional Amendment to the Charter of the City of Augusta, which was unanimously adopted by the City Council of Augusta, in called meeting, February 27th, 1939.
This 28th day of February, 1939.
Clerk of Council.

934

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :
Those voting in the affirmative were Senators:

Abbot
Brannen Bridges Brinson Brooks Cail Causey Chastain Cochran Cloud Daves Dawson Dorminy Dunn Estes

Fortson Groover Harrell
Holt Howe Ingram Jordan Lindsay Manning McCranie McGinty Millican Moate Moore New

Nix Padgett Palmour Redman
Sanders Sears Smith, 12th Smith, 24th
Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 44, nays 0.
Not voting: Senators Boykin, Brown, Durden, Hass, Kelly, Mavity, Warnell.
By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional two-thirds majority, was passed.
Senator Smith of the 24th district moved that the Senate recess until 7 p. m., and the motion prevailed.
The Senate reconvened at 7 p. m., and resumed the regular transaction of business.
The following message was received from the House through Mr. Greer, the clerk thereof:

Mr. President:
The House has passed by the requ1s1te constitutional majority the following bill and resolution of the Senate, to-wit:

By Senator Cail of the 17th district-

Senate Bill No. 146. A bill to be entitled an Act relating to the condemnation of property for right of way for public roads up to the width of 200 feet at the base; and for other purposes.

SATURDAY, MARCH 18, 1939

935

By Senator Brooks of the 8th district-
Senate Resolution No. 48. A resolution that the first ten amendments to the United States constitution be and the same are hereby ratified; and for other purposes.
By Senator Millican of the 52nd district-
Senate Bill No. 3. A bill to be entitled an Act to repeal an Act regulating boxing, wrestling, etc., and for other purposes.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute, as amended, for the following bill of the House, to-wit:
By Messrs. Hill of Screven and Lovett of Laurens-
House Bill No. 446. A bill to be entitled an Act to create a special fund for the sole purpose of paying the salaries of the teachers of the common schools; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton, Candler, Sams and Turner of DeKalb--
House Bill No. 607. A bill to be entitled an Act to propose to the voters an amendment to Article 7, Section 7, Paragraph 1, of the constitution so as to authorize the board of education of Fulton and DeKalb counties to make temporary loans; and for other purposes.
By Mr. Whitaker of Appling-
House Bill No. 822. A bill to be entitled an Act to amend the charter of the City of Baxley; and for other purposes.
The House has agreed to the Senate amendments to the following resolutions of the House, to-wit:
By Messrs. Allison and Pharr of Gwinnett-
House Resolution No. 128-480 A. A resolution to provide certain volumes of the appellate court reports to Gwinnett county; and for other purposes.
By Mr. Clark of Catoosa-
House Resolution No. 171-740 A. A resolution authorizing the state librarian to furnish certain law books to Catoosa county; and for other purposes.

936

JOURNAL OF THE SENATE,

The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:

By Mr. Whipple of Bleckley, and others-

House Bill No. 76. A bill to be entitled an Act to amend Paragraph 8, of

Section 4, of Article 6, of the constitution so as to provide that judges of the

superior courts may, in vacation,. hear and determine any matter not requiring a jury

verdict; and for other purposes.

.

By Messrs. Blackshear and Terrell of Hall-

House Bill No. 244. A bill to be entitled an Act to provide for the purchase of certain law books for Hall county; and for other purposes.

By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton-

House Bill No. 811. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.

By Messrs. Goddard and Purdy of Spalding-

House Resolution No. 55-214 A. A resolution authorizing the state librarian to furnish certain appellate court reports to Spalding county; and for other purposes.

By Messrs. Simmons and :Mills of Decatur-

House Resolution ~o. 142-533 B. A resolution authorizing the state librarian to furnish certain appellate court reports to the County of Decatur; and for other purposes.
The following message was received from the House through :\1r. Greer, the clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following hills of the Senate, to-wit:

By Senator Twiggs of the 40th district-

Senate Bill No. 185. A bill to be entitled an Act to amend the "Equalizing Educational Opportunities Act;" and for other purposes.

By Senators Spivey of the 16th, Durden of the lOth, Harrell of the 7th, Cloud of the 19th and Brinson of the 42nd districts-

Senate Bill No. 182. A bill to be entitled an Act to authorize the legal title owner of land to recover value for trees cut off of said land; and for other purposes.

By Senator Durden of the lOth district-
Senate Bill No. 224. A bill to be entitled an Act to amend the Act authorizing the Governor to set apart the rentals of the Western and Atlantic Railroad for a period of six years, etc.; and for other purposes.

SATURDAY, MARCH 18, 1939

937

The following report of a special committee was read for the information of the Senate:
To: His Excellency Honorable E. D. Rivers, Governor of Georgia;
To: The General Assembly of Georgia; and
To: The Board of Penal Administration:
The Prison Committees of the Georgia State Senate and House of Representatives for the year of 1937-38 respectfully submit for your consideration the following supplementary report.
It will be remembered at the Extraordinary Session of 1937-38 a general report was made setting forth therein in detail a comprehensive record of the activities, accomplishments, suggestions and recommendations of the said committees. This report being filed with the Governor's office, the Secretary of the Senate, the Clerk of the House of Representatives.
Briefly reviewing the previous report heretofore filed, we wish to state that at the beginning of the committees' activities w~ found existing in Georgia a prison system which had a dual administrative supervision with overlapping duties and authority, very loosely supervised, inadequately financed, and conducted along what was perhaps the least lines of resistance.
These consisted of what was commonly known as the state penitentiary or state farm which was located in Baldwin county, Georgia, and a stockade located in Tattnall county, Georgia. There were confined at these places misdemeanor and felon prisoners doing general farm work at both places. The industrial plant, which the main industry was the manufacture of automobile tags, was located at Milledgeville. The place for confinement for all female prisoners, both felon and misdemeanor, was on a farm near Milledgeville adjoining the farm where the male prisoners were confined. The prison commission of Georgia had the supervision and control of these farms and stockade along with their other duties.
The committee also found that there were some ten state highway convict camps. These camps were under the dual supervision of the prison commission and state highway commission; there being dual responsibility and duplication of records. The state highway commission paid the expenses for the upkeep and maintenance and supervision of the prisoners confined in the state highway convict camps, in return the prisoners did general road work for the state highway commission.
The committee found that in about one hundred and twenty-odd counties there were located what was then designated as county chain gangs in which both male misdemeanor and felon convicts were confined. These convict camps could be divided into five groups, namely the poorest which consisted of a few dilapidated, rusted, unsanitary iron cages with canvas flaps over the sides, in which the prisoners were iorced to sleep and were confin~d without sufficient clothing, bedding, food, and were forced to work under inhuman treatment.

938

JOURNAL OF THE SENATE,

The best of these convict camps which consisted of a modern reinforced, concrete or brick stockade, adequately ventilated, with sufficient heat, food, clothing, and bedding, with running hot and cold water and sanitary sewage disposal. The other three classes would come between the two extremes above described. These being classed as standard, above standard and below standard. The standard camp being most prevalent, and the sub-standard camp (this being the poorest) were scattering in our state ranging in the extreme North Georgia in Whitfield county, in middle Georgia in Houston county and to South Georgia in Pierce county. The best camps being likewise located in all parts of Georgia also ranging from North Georgia in Pickens county, East Georgia in Chatham county, South Georgia in Lowndes county, and West Georgia in Meriwether county. We are glad to state that the best camps were greater in number than the poorest camps which shows a tendency on the part of local officials, with the cooperation of the state officials, to improve the penal system of Georgia. The committee generally found that the working conditions, the treatment of the prisoners, and the food served the prisoners were much better in the counties which had the more modern stockade.
The State of Georgia had been and was at the time your committee began its activities, receiving very unfavorable and partly unjustified criticism from not only their escape convicts and fugitives from justice, and from state officials and from the general public throughout the nation. A number of extraditions were not granted because of the unfavorable publicity given the State of Georgia for its penal system. It was mandatory that these evils should be corrected and the penal system of Georgia be changed to a more modern method and the evils which were existing be corrected.
The committee further found that the federal government, through its department of interior, had almost completed for the State of Georgia a modern prison in Tattnall county. The committees found the contract which a former state administration had entered into with the federal government was illegal and unenforceable if carried into the courts, therefore, it was mandatory upon the State of Georgia that a new agreement and contract be entered into whereby the Tattnall prison could become state property for state use and your committee assisted in bringing this matter to a satisfactory conclusion, whereby there was a new agreement and contract entered into between Georgia and the federal governmt'nt. The terms of this contract being much more favorable to Georgia than the former agreement, and at a considerable saving to our state. Further assistance was rendered by the committee, especially the chairman, to the prison officials in geeting the Tattnall prison in readiness to receive the male prisoners of this state, planning and advising regarding finances, industrial machinery and equipment for the new prison. Members of your committees were called to a number of conferences of prison officials from other states and the federal government, these conferences being held both within and without our state.
Your committee, at the suggestion of a number of the state officials, began an educational campaign among the leading citizens, officials, and members of the General Assembly of Georgia, whereby they were acquainted with the existing conditions in the chaingangs and were appraised of the necessity for modernizing

SATURDAY, MARCH 18, 1939

939

our penal syst;!m. This took considerable time and travel for members of your committee in going into each county in which prisoners were confined and discussing the problems personally with the members of the General Assembly and county officials. Your committee and the state officials deemed this work necessary in order that the evils could be corrected with proper legislative acts which were being planned. It was necessary and important missionary work which required skill and tact to criticize another's method of handling prisoners, and to attempt to get our penal system out of the long traveled rut, but we were pledged the cooperation and good will of most of the members of the Legislature and the county officials.
The federal government, through one of its agencies, namely the prison industries reorganization administration, hereinafter referred to as PIRA, at the suggestion and invitation of the Governor, the prison commission and your committees made a thorough survey of the Georgia prison system and recommended several constructive changes which should be made. Your committees worked with and assisted this federal agency. Georgia was fortunate that a Georgian was a member of this commissi<.n which directed the survey and after some conferences with this federal agency, the field work was begun in which your committees rendered all assistance they could in making this survey and report. A complete report having been filed at the extraordinary session and a copy placed on each desk for the General Assembly.
At the extraordinary session of 1937-38 a number of prison bills were introduced, these having been previously drafted by the cooperation of the PIRA, the state officials, and your committees. It took quite some time to draft the bills and with the information and experience the chairmen of your committees had, it was necessary that they participate in the drafting of the bills, which they did, working with the attorneys of the state law department and representatives of the PIRA, the judges and solicitors of this state. It was estimated that it would take a period of several years to obtain the passage of this legislation and make the necessary changes in the penal system of Georgia. To the surprise of all concerned, except your committees, this legislation was enacted by the General Assembly and became law upon the signature of the Governor at the extraordinary session of 1937-38. It is needless to go into detail regarding the bills passed and the changes made, these are upon our statute books and in working today.
Your committees have compiled reports of every county camp and other places where convicts are confined. These reports have proven valuable assistance towards improving conditions in our penal system. The committees have made recommendations and suggestions to the officials connected with each camp and the penal conditions in general in the various places where prisoners are confined have improved at least 75% from the time your committees first began to function. A large number of stockades nave been built, the local officials have remodeled and improved their county camps, and the prisoners in Georgia now are treated more humanly than a few years previous. We attribute these improvements and changes largely to the work of the Penitentiary Committees.
Your committees, in making visitations to the various camps found that there were 4,727 felon prisoners in the Georgia Penitentiary on November 15th,

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JOURNAL OF THE SENATE,

1937, of which 870 were serving life sentences. We found that one of these prisoners had served over thirty years, that one had served over twenty-five years, and a large number having served from fifteen to twenty years each of their sentences. The committee also found that a number of prisoners were physically afflicted and in need of medical treatment which we recommended to be transferred to the state penitentiary where facilities were available to give the treatment needed.
In co-operating with the local officials, and especially upon the recommendation of the county wardens, the committees would make investigations into a prisoner's criminal record and if we found a deserving case, and the prisoner had no funds with which to employ someone to represent him, nor friends who would or could employ counsel, we would file an application with the Prison and Parole Commission seeking clemency for the prisoner. The committees found a great number of deserving prisoners, both male and female, white and colored, who were without money, destitute and no relatives or friends sufficiently interested in them to offer to assist in obtaining a parole for the unfortunate prisoner. The committees filed a large number of applications for prisoners of this type with the prison and parole commission, obtaining what recommendations and other data we could and presented the appeab to the commission according to their rules and regulations. Approximately fifty prisoners were released by the prison and parole commission upon such applications.
For more than nine or ten months during 1938 there were no regular inspections of the prisons and camps by any state inspector as only one was on duty, and he was kept within the office most of the time. It was nearly absolutely necessary that this inspection work be done, complaints investigated, escapes, attempted escapes, sit down strikes and other disturbances, as well as shooting and violent deaths of prisoners thoroughly gone into to ascertain the facts, place the blame, and correct any wrongs if possible. The penal officials requested your committees to make these investigations and inquiries which we did. Several violent deaths caused by shooting and otherwise were thoroughly investigated, and reports were made to the solicitors generals of the judicial circuits in which the homicide or shooting took place and to the proper prison officials. Public hearings were had on several homicides and anyone having any statement to make was always given a hearing. Numerous investigations were made upon complaints of prisoners, friends and relatives of prisoners and upon recommendations and requests by officials, both county and state. We realized the importance and necessity of this work, especially at the time when so many changes were being made in our penal system.
Your committees respectfully recommend the following for the confinement of male prisoners:
( 1) That only a sufficient number of able bodied prisoners be confined in Tattnall Prison to do the work there, such as clearing new ground, farming, building, keeping in a good state of repair the state's property there, to work in the industries and generally to do the work needed to be done at the state farm and prison there.
(2) That the disabled prisoners be confined at Tattnall, as a prisoner IS a

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941

ward of the state and it should bear the expense of confinement. There should be some kind of labor which each disabled prisoner could do to lessen the expense of his confinements.
(3) That upon confinement each prisoner be thoroughly examined by a competent medical doctor and a record of the findings of the doctor be filed as a part of the prisoner's record, and this be used in the classification and rating of the prisoner.
(4) That all prisoners suffering from venereal diseases and other contagious or infectious disease be transferred to and confined at Tattnall State Prison in order that proper treatment may be given, and that before a prisoner is paroled he should be free from contagious or infectious disease.
( 5) That each prisoner be classified as soon after his confinement as reasonably possible, this record showing all the necessary elements to intelligently show his previous record, if any, his case history, home environments, education, work best suited to perform, his physical condition and other necessary information. The original records being kept at Tattnall State Prison.
(6) That the Tattnall State Prison be used as a clearing house for the prisoners throughout Georgia, although branches may be established in or near the thickly populated sections of the state, in which an examination and classification of the prisoners may be had, sending any doubtful cases, and prisoners suffering from contagious or infectious diseases as well as those that are cripple, to Tattnall Prison for further classification and cor>finement.
(7) That the industries at Tattnall prison be continued and enlarged as your committees believe that with the proper enlargement and supervision together with the necessary laws, Tattnall Prison can be placed upon a self-sustaining basis by the proper regulation of prison industry. Your committees have realized that there will be some opposition for any industry in the state prison but regardless of what a prisoner does he is offering some compensation whenever he performs any work whatever, and if by causing the prisoners to earn their livelihood and pay the cost of their confinement, we believe and recommend that prison labor be used in supplying the needs of our state at a substantial saving.
(8) That the state highway public works camps be kept in operation and increased in number of both camps and prisoners, if necessary, providing that the same standard of efficiency, treatment, and the general care of the prisoners are continued as it is at the present time. We commend the highway camps to the citizens of Georgia.
(9) That the camps which are below standard be eliminated as quickly as possible. This can be accomplished by refusing to assign any more prisoners to these camps unless these camps meet the standard of specifications, rules and regulations which should be promulgated, passed, and adhered to by the penal board of Georgia.
( 10) That a workable and reasonable set of rules and regulations be adopted stating therein the minimum requirements for public works camps, food, clothing,

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JOURNAL OF THE SENATE,

and superVISIOn of prisoners together with all other matters pertammg to, and relating to the confinement of prisoners within the State of Georgia.
( 11) That prison officials, including supervisors and guards, be on the merit basis and paid according to the work performed, thereby relieving politics from any interference whatsoever, especially in the county camps.
The following suggestions and recommendations should apply to both male and female prisoners:
(A) That the prisoners should be segregated and classified according to the suggestions heretofore made. We believe that a number of young first offenders have been made into hardened criminals by their constant association with those who had little respect for law.
(B) That when a young first offender could be paroled after he or she had realized the seriousness of a law violator we believe in the interest of society and for the prisoner it would be best to parole this prisoner with proper supervision.
(C) That in the various places of confinement there are a number of aged prisoners which should be paroled and we recommend that the wardens furnish the prison and parole commission with the names and other information regarding these prisoners, investigations may be made and if the circumstances worthy, a parole granted.
(D) That a system for the supervision of the parolees be established and that strict supervision be had over all prisoners paroled and a complete report kept on the same.
(E) That each application for a parole be carefully studied and the best interest of the prisoner be considered and if society in general would be benefited or no harm done, a parole be granted. That less consideration be given to recommendations of their petition coming from those who are interested and from the judge and solicitor, who know but little of the history of the prisoner, and quite often the solicitor being prejudiced in attempting to guard the duties of his office.
(F) That a more strict supervision be maintained over the different places where prisoners are confined and whenever it be found that a willful violation of the rules and regulations has been committed that some method of punishment be meted out to the violator.
(G) That some honor camps be established, following the successful operation as is used in a number of states.
(H) That some trade or vocation be taught the prisoners if possible, or if the prisoner has a vocation or trade to assign him to work which will improve his skill in order that he may be better prepared to earn a livelihood when released.
(I) That plans be made to provide a separate camp for both men and women whereby they may earn and be paid a small amount for their labor during the last few months of their service in order that they may have a few dollars of their

SATURDAY, MARCH 18, 1939

943

own upon which to exist and live until they can become profitably employed. This will make it so that a prisoner who has been released will not have to beg or steal his or her first meal or night's lodging after being released.
Again we wish to commend the officials of the Tattnall Prison, the Prison for Women at Milledgeville, and the supervisor of state highway public works camps for their efforts and accomplishments together with their cooperation with your committees in bringing about the constructive changes in our penal system. These officials have labored under a handicap unknown to most people and should be publicly commended for the results obtained.
Your committees respectfully request that the individual reports on the county public works camps and the recommendations made therein be carefully considered. We submit that without the work which we have done there would have been few, if any, changes made in our penal system, there would have been but little improvement made in the confinement and methods used in handling prisoners, and that the criticism which has been made of our penal system would still be thrust at the State of Georgia as it had been in the past.
Respectfully submitted,
Lee S. Purdom,
Chairman, Senate Penitentiary Committee.
E. S. Almand,
Chairman, House Penitentiary Committee.
Mr. 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. 148. Do pass.
Respectfully submitted,
Lindsay of 34th district, chairman.
The following resolution of the Senate was read and adopted:
By Senator Brinson of the 42nd district-
Senate Resolution No. 74. A resolution extending the appreciation of the Senate to Admiral John Henry Towers for his great contribution to the people of the United States.
Senator Daves of the 14th moved that the Senate insist upon its position on its substitute as amended to House Bill No. 446, and the motion prevailed.

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JOURNAL OF THE SENATE,

The following resolution of the Senate was read and adopted:
By Senator Millican of the 52nd district-
Senate Resolution No. 75. A resolution accepting an invitation from the Honorable Jack Gardner, Honorable Hadley Brown and Honorable Charlie Gowen for members of the Senate to be their guests for a week-end between June lOth and September lOth, 1939, at Brunswick.
The following bills and resolutions of the House were read the third time and put upon their passage:
By Mr. Sapp of Coffee-
House Bill No. 755. A bill to repeal an Act to establish the city court of Douglas; and for other purposes.
The committee offered the following amendments, which were adopted:
Committee on General Judiciary moves to amend House Bill No. 755 by striking Section 6 and inserting a new section to be known as Section 6, and reading as follows:
Section 6.
Be it further enacted by the authority aforesaid, that all suits brought in the city court of Douglas, Coffee county, Georgia, and pending therein, where service has been regularly perfected, when the same would be ready for disposition at the next term of the city court of Douglas, be and the same are hereby declared for trial at the next term of the superior court of Coffee county, Georgia, held after December 31st, 1940, as well as all other cases pending in said city court of which the superior court has jurisdiction.
Committee on General Judiciary No. 2 moves to amend House Bill No. 755, Section 1, by striking the period at end of said section and inserting the following "as of the date specified in Section 7 of said Act. Further amend by striking Section 7 in its entirety and inserting in lieu the following:
Section 7.
Be it further enacted by the authority aforesaid, that this Act shall take effect only in the event of its approval by a majority of the voters of Coffee county, who are qualified to vote at the last general election for members of the General Assembly, who shall vote at an election to be called for the purpose of ratifying or rejecting this Act. The ordinary of Coffee county shall call an election, to be held during the month of April, 1940, for the purpose of ratifying or rejecting this Act. At said election those favoring the approval and adoption of this Act shall have their ballots marked "for repeal of the Act creating and establishing the city court of Douglas, in the City of Douglas, in Coffee county, Georgia," and those vOting against the adopton of this Act and for the rejection thereof shall have their ballots marked "against repeal of the Act crf'ating and establishing the city court of Douglas, in the City of Douglas, in Coffee county, Georgia." If a majority of the

SATURDAY, MARCH 18, 1939

945

qualified voters voting in said election vote "for repeal of the Act creatif'g and establishing the city court of Douglas, in the City of Douglas, in Coffee county, Georgia" this Act shall be of full force and effect and said court will become abolished and cease to exist on December 31st, 1940; otherwise this Act shall be void and of no effect.
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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Mr. Henderson of Irwin-
House Bill No. 420.
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 Ocilla, 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 up to and including January 1st, 1939, and shall become due up to and including January 1, 1943; 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 1st, 1943; 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 l.
Be it enac~ed by the General Assembly for 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 the State 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 Ocilla, Georgia, may issue refunding bonds not in excess of the aggregate sum of $28,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City of Ocilla outstanding, past due and unpaid on January 1st, 1939, and any bonded indebtedness of said city outstanding and which becomes due up to and including January 1st, 1943, and provide for the assessment and collection of a tax, annually, sufficient in amount to pay the principal and interest of said bonds as they shall become due; th~ proceeds of all such refunding bonds so issued by the City of Ocilla, Georgia, to be used exclusively for the purpose of paying off and retiring said bonded indebtedness that is now or may become due and unpaid as of January 1st, 1943. Said refunding bonds shall be issued when authorized by a vote of the mayor and council of the City of Ocilla, Georgia, and shall be validated."

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JOURNAL OF THE SENATE,

SECTION 2.

Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by 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 adopting the said proposed amendment to the constitution shali 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 Ocilla 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 City of Ocilla 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 have been consolidated as now provided and 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 of Georgia, ana the Governor shall make a proclamation therefor, as provided by law.

SECTION 3.

All laws and 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.

The bill proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Bridges Brooks Cail Causey Chastain Cochran Cloud Daves Dawson Durden

Estes Fortson Groover Harrell Holt Howe
Jordan Lindsay Manning McCranie Moore New

Nix Redman Sanders Sears Smith, 12th
Thomason Thrasher Twiggs Williams, 21st Williams, 31st Williamson

On the passage of the bill, the ayes were 35, nays 0.

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947

Not voting: Senators Brannen, Brinson, Brown, Dorminy, Dunn, Hass, Ingram, Kelley, McGinty, Millican, Moate, Padgett, Palmour, Smith of the 24th, Warnell, Mavity.
By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Messrs. ]. H. and Marion Ennis of Baldwin-
House Bill No. 624. A bill granting the Georgia Military College certain lands in 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Pannell of Murray-
House Resolution No. 62. A resolution authorizing state librarian to furnish certain law books to Murray county; and for other purposes.
The committee offered the following amendment, which was adopted:
To amend House Resolution No. 62-259 C by striking from the second paragraph thereof the words "and directed", so as to make said resolution permissive instead of mandatory.
The report of the committee, which was favorable to the passage of the resolution, as amended, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed, as amended.
By Messrs. J. H. and Marion Ennis of Baldwin-
House Bill No. 625. A bill enlarging the powers of the board of trustees of the Georgia Military College; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Greer, the clerk thereof:

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JOURNAL OF THE SENATE,

Mr. President:
The House has passed by the requisite constitutional majority the following biils of the Senate, to-wit:
By Senator Jordan of the 15th district-
Senate Bill No. 227. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver of Wheeler county; to create the office of tax commissioner; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Messrs. Allison of Gwinnett, Gowen of Glynn, MeN all and Grayson of Chatham, Bennett of Ware-
House Bill No. 213. A bill to be entitled an Act to amend an Act of the Extra Session of the General Assembly relating to the license of motor vehicles; and for other purposes.
The House has agreed to the report of the Committee on Conference on the following bill of the Senate, to-wit:
By Senator Millican of the 52nd district-
Senate Bill No. 172. A bill to be entitled an Act to aid the Western and Atlantic Railroad by the creation of a commission authorized to contract in the name and on behalf of the State of Georgia for the construction, use and maintenance of income producing buildings; and for other purposes.
The Hous<! agreed to Senate amendment to the following; bills of the House, to-wit:
By Mr. Key of Jasper-
House Bill No. 124. A bill to be entitled an Act to fix the taxable situs of intangible trust property; and for other purposes.
By Mr. Davis of Floyd-
House Bill No. 436. A bill to be entitled an Act to fix the qualifications of county school superintendents in counties of certain population; and for otht>r purposes.
The following resolution of the House was read the third time and put upon its passage:
By Mr. Pannell of Murray-
House Resolution No. 63. A resolution authorizing the state librarian to furnish certain law books to Murray county; and for other purposes.
The committee offered the following amendment, which was adopted:

SATURDAY, .\lARCH 18, 1939

949

To amend House Resolution No. 63-259 D by striking from the second paragraph thereof the words "and directed", so as to make said resolution permissive instead of mandatory.
The report ot the committee, which was favorable to the passage of the resolution, as amended, was agreed.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was passed, as amended.
The following report of the Joint Conference Committee on House Bill No. 49 was read and taken up for consideration:

REPORT OF THE JOINT CONFERENCE COMMITTEE ON HOUSE BILL NO. 49.
Mr. President:
Mr. Speaker: We, the undersigned committee of the Senate and of the House, for a con-
ference on the difference between the House and Senate on House Bill No. 49 beg leave to make the following report:
That the House recede from its position in failing to adopt the Senate amendment, known as Amendment No. 13 to House Bill No. 49, and we recommend that the House recede from its objection and adopted Senate Amendment No. 13.
House Conferees:
DeLacey Allen, Representative from Dougherty county.
Gross of Stephens, Representative from Stephens county.
Grayson of Chatham, Representative from Chatham county.
Senate Conferees: Paul L. Lindsay,
Senator from 34th district.
S. N. Durden, Senator from lOth district.
V. C. Daves, Senator from 14-th district.

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JOURNAL OF THE SENATE,

Senator Sanders of the 36th district moved that the Senate disagree to the report of the Conference Committee on House Bill No. 49.

Senator Smith of the 24th district moved that the Senate agree to the report of the Conference Committee on House Bill No. 49.

The latter motion was first put.

Senator Dunn of the 22nd district called for the previous question and the call was sustained.

On the motion of Senator Smith of the 24th district, the ayes were 7, nays 29, and the motion was lost.

Senator Lindsay of the 34th district moved that the Senate insist upon its position and ask that a new Conference Committee be appointed, and the motion was lost, ayes 6, nays 27.

Senator Sanders of the 36th district moved that the Senate recede from its position on Amendments Nos. 12 and 13 to House Bill No. 49, and that said amendments be withdrawn.

On the motion of Senator Sanders and Senator Smith of the 24th district called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Abbot Boykin Bridges Brinson Brooks Brown Cail Causey Chastain Cochran Dawson Dorminy

Dunn Durden Fortson Groover Harrell Howe Kelley Manning McCranie McGinty Millican Moate

Moore New Nix Padgett Redman Sanders Smith, 12th Thomason Thrasher Twiggs Williams, 31st Williamson

Those voting in the negative were Senators:

Daves Estes Ingram

Lindsay Palmour Sears

Smith, 24th Williams, 21st

On the motion to recede, the ayes were 36, nays 8.

Not voting: Senators Brannen, Cloud, Hass, Holt, Jordan, Mavity, Warnell.

By unanimous consent, the verification of the roll call was dispensed with.

SATURDAY, MARCH 18, 1939

951

The motion to recede prevailed.
The President named as a conference committee on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 446 the following: Senators Howe of the 38th, Daves of the 14th and Twiggs of the 40th districts.
The following report of the conference committee on Senate Bill No. 172 was read, and on motion of Senator Millican of the 52nd district was adopted:
Mr. President and Mr. Speaker:
Your Committee on Conference on Senate Bill No. 172 recommends the following:
That the Senate accept House Amendment No. 1.
That the House recede from House Amendment No. 2, and that the Senate and House accept in lieu thereof the following:
Strike the words beginning in line 15, Section 5, with "shall pay" and ending with the words '"being paid" on line 17 and insert in lieu thereof the following:
"The lessee or lessees agree to pay during the entire term of said lease all taxes, both on the lot and the improvements as they now are or may hereafter be made which may be lawfully assessed against said property, and all street and sidewalk improvements, curbing, white lights, sewer, or other kind of assessments which may be lawfully assessed against said property by state, county and city authorities."
That the Senate adopt House Amendment No. 4.

By the House: Clements of \Vheeler, Carmichael of Cobb, Candler of DeKalb.

By the Senate: Millican of the 52nd district, Cloud of the 19th district, Abbot of the 18th district. The following resolution of the Senate was read and adopted: By Senator McGinty of the 43rd districtSenate Resolution No. 76. A resolution providing for an additional microphone for the Senate chamber in the event of an extraordinary session.

952

JOURNAL OF THE SENATE,

The following resolutions of the House were read the third time and put upon their passage:
By Mr. Cook of Chattooga-
House Resolution No. 61. A resolution relieving Dr. W. B. Hair as surety on a bond.
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 27, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
The resolution relieving Dr. W. B. Hair as surety on a bond.
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 27, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Marion and J. H. Ennis of Baldwin-
House Bill No. 698. A bill to provide for the sale of surplus products of institutions under the control of the public welfare department; and for other purposes.
Senator Manning of the 39th district offered the following amendment, which was adopted :
Moves to amend House Bill 698 by adding a new section to be appropriately numbered, to read as follows:
"It is not intended by this Act to encourage competitiOn in any way by the state, its institutions, agencies, departments or branches, or other sub-divisions with the individual private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products, in due course of commerce."
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, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
At this point, Senator Durden of the lOth district assumed the President's chair and addressed the Senate.

SATURDAY, MARCH 18, 1939

953

Voicing high praise for the splendid, impartial manner in which the presiding officer of the Senate, Hon. John B. Spivey of the 16th district, had guided the deliberations of the Senate as President, and expressing to him the appreciation of the members for his distinguished services, Senator Durden presented President Spivey with a set of silver goblets as a gift from the entire body as a token of their love and esteem.
President Spivey responded by thanking the members for their fine spirit of co-operation and diligent attendance upon their duties, urging all to continue their efforts to further the progress and prosperity of Georgia.
Senator Harrell of the 7th district, on behalf of the Senate, presented a gifl to the President Pro Tern, Senator Dixon Smith of the 24th district, in appreciation of his distinguished services.
Senator Sanders of the 36th district, on behalf of the Senate, presented a gift to the distinguished floor leader of the Senate, Hon. Adie Durden of the lOth district.
John W. Hammond, Secretary of the Senate, was honored with the gift of a beautiful gold watch from the membership, presented by Senator Millican of the 52nd district, who highly praised the secretary and his staff of assistants for the efficient manner in which they had handled the records of the Senate throughout the session.
Senator Este5 of the 35th district presented a gift to the doorkeeper of the Senate, Hon. Perry Griffin, and Senator Moore of the 47th district presented a gift to the messenger, Hon. Wiley Galloway, for their efficient services and courtesies to the members.
Senator Causey of the 46th district rose to a point of personal privilege and expressed his enjoyment of the fellowship with all the members of the Senate during the session, as well as his appreciation of the services of the officers and attaches.
The following report of the conference committee on House Bill No. 446 was read and accepted:
Mr. President:
Mr. Speaker:
Your Conference Committee which has had under consideration House Bill No. 446 respectively reports that it is unable to agree.
Senate conferees:
Don B. Howe of the 38th district,
Daves of the 14th district,
J. W. Twiggs of the 40th district.

954

JOURNAL OF THE SENATE,

House conferees:

G. M. Hill of Screven County,
Marion Ennis of Baldwin County,
Joel W. Fowler of Treutlen County.
On motion of Senator Sanders of the 36th district, the President appointed Senators Holt of the 3rd, Causey of the 46th and Harrell of the 7th districts as as second Conference Committee on House Bill No. 446.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Millican of the 52nd district-
Senate Bill No. 230. A bill to be entitled an Act to amend Code Section 92-3715 of 1933, as amended; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Brown of the 4th, Thrasher of the 27th and Brooks of the 8th districts-
Senate Bill No. 179. A bill to be entitled an Act to amend the Act to authorize the commissioner of agriculture to promulgate rules and regulations in reference to the sanitation, distribution and transportation of fish and sea foods; and for other purposes.
By Senators Brown of the 4th, Thrasher of the 27th, and Brooks of the 8th districts-
Senate Bill No. 180. A bill to be entitled an Act to repeal Section 45-210 of the code relating to license fees levied on commercial fishing boats, by providing .for an additional license on aliens or non-residents; and for other purposes.
The following bill of the House was read the third time and put upon its passage:
By Mr. McBride of Montgomery and Edwards of Lowndes-
House Bill No. 407. A bill providing for the purchase and administering of hog cholera serum and virus; and for other purposes.
Senator Sanders of the 36th district called for the previous question, and the call was sustained.

SATURDAY, MARCH 18, 1939

955

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 4.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 203. A bill to be entitled an Act to provide for the retirement of any member of the industrial board upon having attained the age of seventy years with fifteen or more consecutive years service; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senators Howe of the 38th and McGinty of the 43rd districts-
Senate Bill No. 203. A bill to provide for retirement of any member of the industrial board upon having attained the age of 70 years; and for other purposes.
The House offered the following amendment:
Mr. Lovett of Laurens and Mr. Atkinson of Chatham moves to amend Senate Bill No. 203 by adding after the word "retirement" in the fourth line of second paragraph the following: "not to exceed $1800 per year."
By adding in the third line of Section 1 after the word "Georgia" the following: "now in office."
Senator Howe of the 38th district moved that the Senate agree to the House amendment, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senator Millican of the 52nd district-
Senate Bill No. 230. A bill to amend the code of 1933 to increase the amount of tax that may be levied to support paupers; and for other purposes.
The House offered the following amendment:
Davis of Coweta moves to amend Senate Bill No. 230 by adding a new section before the repealing clause and to be appropriately numbered and to read as follows:

956

JOURNAL OF THE SENATE,

That the increase authorized by this Act from one and one-fourth mills to not exceeding three mills and shall expire at the end of two years from the passage of this Act and that after the expiration of this Act the counties of this state shall be authorized to levy a tax not to exceed one and one-fourth mills.
The Fulton delegation moves to amend Senate Bill No. 230 as follows:
1.
By striking Section 1 of said bill in its entirety and inserting m lieu thereof a new section to be known as Section 1.
SECTION 1.
Be it enacted by the General Assembly of the State of Georgia that from and after the passage of this Act Code Section 92-3715 of the code of 1933 as amended by Act approved March 31, 1937, (as published in Georgia Laws, 1937, pages 444-446) be amended by striking from said section the words "one and one-fourth mills" and inserting in lieu thereof the words "three mills; provided, that said tax shall not exceed one and one-fourth mills except upon recommendation of two successive grand juries of the county, made by a two-thirds vote of said grand juries"; so that said section as amended, shall read as follows:
"92-3715. Tax for the support of paupers.-The ordinary or other authority empowered to levy taxes is authorized to levy for the support of the paupers of the county, a tax not in excess of three mills; provided, that said tax shall not exceed one and one-fourth mills except upon recommendation of two successive grand juries of the county, made by a two-thirds vote of said grand juries."
2.
Further moves to amend the caption of said bill accordingly.
Senator Millican of the 52nd district moved that the Senate agree to the House amendment, and the motion prevailed.
At this time Governor and l\1rs. Rivers entered the Senate chamber and were escorted to the President's stand, where the Governor addressed the Senate briefly.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senators Howe of the 38th, Millican of the 52nd, Harrell of the 7th, Lindsay of the 34th and Groover of the 37th districts-
Senate Bill No. 160. A bill to be entitled an Act to repeal an Act creating the state penal administration board to be known as the board of penal corrections; and for other purposes.

SATURDAY, MARCH 18, 1939

957

By Senator Lindsay of the 34th district-
Senate Bill No. 183. A bill to be entitled an Act to amend the Act relating to the appointment of members of the state board of medical examiners; and for other purposes.
The following bill of the House was read the third time and put upon its passage:
By Mr. Atkinson of Chatham and Gowen of Glynn-
House Bill No. 122. A bill providing for taking of depositions m territorial or insular possessions of the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering amendments offered by the House:
By Senator Sanders of the 36th district-
Senate Bill No. 160. A bill to repeal the "penal administration board" and transfer its powers and duties to the prison and parole commission; and for other purposes.
The House offered the following amendments:
To amend Senate Bill No. 160 by amending Section lO of said bill by inserting in the fifth line of said section, after the words "transmit the same", the following words: "less the cost of material and necessary expense of manufacture or production."
To amend Senate Bill No. 160 by amending Section lO of said bill by adding at the end of said section the following:
"Said board shall have authority to use so much of said monies as may be necessary to pay the cost of material and the expense of production without the necessity of first transmitting such amounts to the state treasurer."
Senator Sanders of the 36th district moved that the Senate agree to the House amendments, and the motion prevailed.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Atkinson, Grayson and MeNall of Chatham-
House Bill No. 67. A bill creating the Georgia inter-coastal waterway commission; and for other purposes.

958

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed. By Messrs. Gowen of Glynn and DeFoor of McintoshHouse Bill No. 352. A bill to prohibit the taking, buying, selling or possession of spawning crabs during certain months; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through .Mr. Greer, the clerk thereof:
Mr. President: The Speaker of the House has appointed a Second Committee of Conference
on the following bill of the House, to-wit: By Messrs. Henderson of Irwin, Hill of Screven and Kennedy of Tattnall-
House Bill No. 446. A bill to be entitled an Act to reduce the salaries of certain state employees and for other purposes.
On this Committee of Conference the Speaker has appointed the following members of the House, to-wit:
Messrs. Dean of Rockdale, Hill of Screven, and Grayson of Chatham.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:
By Messrs. Marion Ennis and ]. H. Ennis of Baldwin-
House Bill No. 698. A bill to be entitled an Act to provide for the sale of surplus products of eleemosynary institutions; and for other purposes.
By Mr. Sapp of Coffee-

SATURDAY, MARCH 18, 1939

959

House Bill No. 755. A bill to be entitled an Act to repeal an Act creating the city court of Douglas; and for other purposes.
By Mr. Pannell of Murray-
House Resolution No. 62-259 C. A resolution authorizing the state librarian to furnish certain appellate court reports to Murray county; and for other purposes.
By Mr. Pannell of Murray-
House Resolution No. 63-259 D. A resolution authorizing the state librarian to furnish certain Georgia reports and court of appeals reports to Murray county; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senators Spivey of the 16th, Harrell of the 7th, Brinson of the 42nd, Lindsay of the 34th, Causey of the 46th, Manning of the 39th and Howe of the 38th districts-
Senate Bill No. 206. A bill to be entitled an Act to provide for docketing and petitions under Bankruptcy Act; and for other purposes.
The following bills and resolutions of the House were read the third time and put upon their passage:
By Messrs. Atkinson, Grayson and MeNall of Chatham:
House Resolution No. 11. A resolution recommending opening the shad fishing season on January 23 and closing same on March 23 of each year; 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, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
By Mr. Culpepper of Fayette-
House Bill No. 137. A bill to carry into effect Article 3, Section 1, Paragraph I, of the co!l$titution by providing for the publication of any proposed amendment to the constitution; and for other purposes.
The committee offered the following amendment, which was adopted:
By adding at the end of Section 1 of said bill the following words:
"Provided, that the Governor shall also cause to be published in the newspapers in each county in which the Sheriff's advertisements are published a brief and concise summary of every such amendment, twice during the two weeks immediately

960

JOURNAL OF THE SENATE,

prior to the time of holding the next general election. Said summary in no case to exceed one hundred words for each separate amendment."
Senator McGinty of the 43rd district offered the following amendment which was adopted :
To amend the committee amendment to House Bill No. 137 as follows:
By striking the word "one" in the last line of said amendment and inserting in lieu thereof the word "two".
The report ot the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Durden of the lOth district moved that the Senate go into executive session to consider a sealed communication from the Governor, and the motion prevailed.
Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following communication was dispatched to His Excellency, the Governor:

State of Georgia The State Senate John W. Hammond, Secretary
Atlanta, March 18th, 1939.
Hon. E. D. Rivers, Governor, Executive Department, State Capitol, Atlanta, Georgia. My dear Governor:
Under the rules governing Executive Sessions of the Senate I h:rve the honor to report to you that nominations sent to this body were duly confirmed today as follows:
For member of the Georgia State Prison and Parole Commission, for a term to expire December 31, 1944: Hon. Clem E. Rainey; and
For chairman of the Georgia State Prison and Parole Commission, for a term to expire December 31, 1944: Hon. Clem E. Rainey.

SATURDAY, MARCH 18, 1939

961

Each of these nominations was confirmed by a vote of 43 to 0.
Very sincerely yours,
John W. Hammond, Secretary State Senate.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 137. A bill to be entitled an Act to carry into effect Article 3, Section 1, Paragraph 1, of the Constitution of Georgia by providing for the publication of any proposed amendment to the constitution; and for other purposes.
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Gross of Stephens-
House Resolution No. 213. A resolution. Be it resolved by the House that the Clerk of the House be and he is hereby instructed to inform the Senate that the House has completed its business and stands ready to adjourn sine die.
The House has disagreed to the report of the Second Committee on Conference on the following bill of the House, to-wit:
By Messrs. Henderson of Irwin, Hill of Screven and Kennedy of Tattnall-
House Bill No. 446. A bill to be entitled an Act to reduce the salaries of the state employees; and for other purposes.
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Gross of Stephens-
House Resolution No. 214. A resolution. Be it resolved by the House, the Senate concurring, that a committee of five, three to be named by the Speaker and two by the President of the Senate, be appointed to notify the Governor that the General Assembly of Georgia stands ready to adjourn sine die.
The Speaker of the House has appointed the following committee on the part of the House:
Messrs. Lewis of Burke,
Fowler of Treutlen, and
Harrison of Jenkins.

962

JOURNAL OF THE SENATE,

The following report of the Conference Committee on House Bill No. 446 was read and taken up for consideration:
Mr. President:
Mr. Speaker:
Your committees of the Senate and House appointed to confer on the differences existing between the House and Senate on House Bill No. 446 have met and unanimously agreed to recommend as follows:
That the Senate recede from its position in adopting the Senate substitute and the House recede from its position in failing to adopt Senate substitute.
We further recommend that the Senate and the House both accept the Senate substitute as amended as follows:
We recommend that Section 2 of the Senate substitute be stricken in its entirety and the following section to be known as Section 2 be substituted in lieu thereof:
"Section 2. Be it further enacted that on the first day of April, 1939, and on the first day of each succeeding month thereafter the State Treasurer shall pay to the State Superintendent of Schools two-thirds of the total of such funds as are made available through the operation of this Act and it shall then be the duty of the State Superintendent of Schools to distribute such funds to the local school systems of the State of Georgia for the purpose of paying salaries of common school teachers as provided by law.
"The State Treasurer shall in the same manner pay the remammg one-third to the State Public Welfare Board for the purpose of paying the existing operating deficit of the State Hospital at Milledgeville and after the payment of the present operating deficit the whole amount of said fund is hereby expressly allocated and appropriated to the common school fund for the sole purpose of paying the salaries of the common school teachers of Georgia as provided for herein."
We further recommend that the House recede from its position in failing to adopt committee amendment to the Senate Substitute which provides that the Act shall become inoperative on the first day of the next convening of the General Assembly.
Your committee further recommends that the House and Senate adopt a new section to be appropriately numbered and to read as follows:
"Be it further enacted that the total of all reductions in budgets, taking all of the Departments, Bureaus, Agencies, Boards and Commissions as a whole, shall be equal to at least 12% of the total salary schedule of all of the Departments, Bureaus, Agencies, Boards and Commissions as of January 1, 1939.
Respectfully submitted,
Senate:
Wallace E. Harrell,

SATURDAY, MARCH 18, 1939

963

Homt'r L. Causey, ]. T. Holt.

House:
Dean of Rockdale,
Grayson of Chatham,
Hill of Screven.
Senator Smith of the 24th district moved that the Senate disagree with the report of the Conference Committee on House Bill No. 446.
Senator Sanders of the 36th district moved that the Senate agree to the report of the Conference Committee on House Bill No. 446.
The latter motion was first put.
On the motion to agree, Senator Howe of the 38th district called for the previous question and the call was sustained.
On the motion to agree, Senator Dunn of the 22nd district called for the ayes and nays.
Senator Lindsay of the 34th district moved to table the report, and the motion prevailed.
The following resolution of the Senate was read and adopted:
By Senator Durden of the lOth district-
Senate Resolution No. 77. A resolution instructing the Secretary of the Senate to notify the House of Representatives that the Senate has completed its transaction of business and now stands ready to adjourn sine die.
The following resolution of the House was read and adopted:
By Mr. Gross of Stephens-
House Resolution No. 214. A resolution providing for a committee of three from the House and two from the Senate to notify the Governor that the General Assembly of Georgia now stands ready to adjourn sine die.
The President appointed as a committee on the part of the Senate under the above resolution Senators Smith of the 24th and Durden of the lOth districts.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

964

JOURNAL OF THE SENATE,

By Mr. Gross of Stephens-
House Resolution No. 215. A resolution. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia do now adjourn sine die.
The following message was received from the House through Mr. Greer, the clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
By Mr. Key of Jasper-
House Resolution No. 216. A resolution creating a committee of three to investigate and determine whether any member of the Civilian Conservation Corps Camp located in Jasper County, Georgia, during the last four years was unlawfully arrested or imprisoned or subjected to unjust, unfair treatment by any official or citizen of Jasper county; and for other purposes.
By Mr. Key of Jasper-
House Resolution No. 217. A resolution authorizing the appointment of a special committee to present to his Majesty, King George VI, at an appropriate time, the official invitation of the State of Georgia to visit the state named for his forebear.
The following resolutions of the House were read and adopted:
By Mr. Key of Jasper-
House Resolution No. 216. A resolution creating a committee of three to investigate and determine whether any member of the Civilian Conservation Corps Camp located in Jasper County, Georgia, during the last four years was unlawfully arrested or imprisoned or subjected to unjust, unfair treatment by any official or citizen of Jasper county; and for other purposes.
By Mr. Key of Jasper-
House Resolution No. 217. A resolution authorizing the appointment of a special committee to present to his Majesty, King George VI, at an appropriate time, the official invitation of the State of Georgia to visit the state named for his forebear.
The following resolution of the House was read and adopted:
By Mr. Gross of Stephens-
House Resolution No. 215. A resolution adjourning the General Assembly sine die.
The President announced the regular 1939 sessiOn of the General Assembly adjourned sine die.

SATURDAY, MARCH 18, 1939

965

RECIPROCAL TRADE AGREEMENTS BETWEEN FLORIDA AND GEORGIA
The following correspondence, including resolutions by the Senate and House of the State of Florida, touching reciprocal trade agreements between the States of Georgia and Florida has been received from legislative officials of Florida, and ordered incorporated in the Journal of the Georgia State Senate:
State of Florida
House of Representatives
Tallahassee, April 28th, 1939.
Honorable John B. Spivey,
Swainsboro, Georgia.
My dear Mr. Spivey:
It is my pleasure to enclose herewith resolutions and other materials approved by the Legislature of the State of Florida at the request of the joint committee on Georgia-Florida trade reciprocal relations.
With every appreciation for your good help in this important work and with kind personal regards, I remain
Sincerely yours,
Robert F. Sikes,
A RESOLUTION
By the special joint committee on Georgia-Florida Reciprocal Trade Relations.
Be it resolved by the special joint committee of the Florida Legislature on Georgia-Florida Reciprocal Trade Relations, as follows:
1. This committee acknowledges with appreciation the friendly and sympathetic cooperation and consideration \extended to Florida officials and delegations by Governor E. D. Rivers of Georgia, the President of the Senate, the Speaker of the House of Representatives, and the joint legislative committee of the Legislature of the State of Georgia, in recent conferences at Atlanta, Georgia, held for the purpose of encouraging the enactment of reciprocal laws for improving trade relations between the States of Florida and Georgia.
. 2. Honorable J. Turner Butler, President of the Senate, and Honorable G. Pierce Wood, Speaker of the House of Representatives, are hereby respectfully requested to join with this committee in extending to Honorable E. D. Rivers, Governor, Honorable John B. Spivey, President of the Senate, and Honorable Roy V. Harris, Speaker of the House of Representatives of the State of Georgia, and
to Representative Frank MeN all, chairman, and Senators Roy Thrasher, J. E.
Brooks, and S. Hadley Brown, and Representatives Charles Gowen and H. B.

966

JOURNAL OF THE SENATE,

Edwards, comprising the Georgia legislative committee, a cordial invitation to v1s1t and confer with this committee at the Capitol at Tallahassee, Florida, on a date to be arranged to meet with their convenience, to confer on any matters which they may desire to bring to the attention of this committee affecting trade relations between the two states.
3. That this resolution be construed as such invitation on the part of this committee, and the secretary of this committee is hereby directed to forward immediately a copy of this resolution, together with a copy of House Concurrent Resolution Number 2, and a list of the officers and members of this committee to each, Honorable E. D. Rivers, Governor of Georgia, Honorable John B. Spivey, President of the Georgia State Senate, Honorable Roy V. Harris, Speaker of the Georgia House of Representatives, and to the chairman and each member respectively of the Georgia legislative committee hereinbefore named.
4. That a copy of this resolution be reported to the Senate and to the House of Representatives with the request that the President of the Senate and the Speaker of the House of Representatives comply as early as possible with the request contained therein.
Joint Legislative Committee on Georgia-Florida Reciprocal Trade Relations under House Concurrent Resolution No. 2:
Representative R. Don McLeod of Franklin county, chairman.
Senator Dan Kelly, Jr., of Fernandina, vice-chairman.
Representative R. L. Sikes of Okaloosa county, secretary.
Senator R. C. Horne of Madison.
Senator George A. Dame of Citrus county.
Representative John Versaggi of St. Johns county.
Representative Leo Wotitzky of Charlotte county.
Representative Edwin G. Fraser of Baker county.

HOUSE CONCURRENT RESOLUTION
Providing for the appointment of a committee to study the question of trade relations between the State of Florida and the State of Georgia; to study existing Florida laws affecting commerce between the two states, and to recommend reciprocal legislation, to encourage and promote free commerce between the citizens of Florida and the citizens of Georgia in the products of said states; and to rarify and make effective tentative agreements made by an unofficial committee of the Florida Legislature with an unofficial committee of the Georgia Legislature, pursuant to which the Georgia Legislature of 1939 has enacted reciprocal laws.
WHEREAS, the industrial, commercial, and social interests, of the people of the State of Florida and the people of the State of Georgia are so interdependent

SATURDAY, MARCH 18, 1939

967

each upon the other that free and unrestricted commerce between the citizens of the two states in their respective products is essential to the prosperity of each of such states; and
WHEREAS, because of a want of mutual understanding and because of unintentional over-sight in the enactment of legislation affecting such trade relationship between the two states, each of such states has enacted laws operating to the disadvantage of the other so that trade barriers have arisen affecting the prosperity of the people of both of the states; and
WHEREAS, such conditions having come to the attention of the people of each of such states because of the harmful effects of such legislation, the President of the Florida State Senate and the Speaker Designate of the Florida House of Representatives for 1939, unofficially appointed a legislative committee to discuss with a like legislative committee officially appointed by the President of the Senate and the Speaker of the House of Representatives of Georgia, then in session, to discuss reciprocal laws between the two states, to encourage and promote better trade relations between the two states, and the PI:osperity of the citizens of each of such states; and such discussions between the legislative committees of the two states were held at Atlanta, Georgia, and resulted in the enactment by the Georgia Legislature of all reciprocal measures requested by the Florida unofficial legislative committee, but which laws were so enacted subject to the action of the Florida Legislature in carrying out the proposed agreements for the enactment by that body of similar reciprocal legislation; and
WHEREAS, this desirable result was accomplished by reason of the interest and co-operation of Honorable G. Pierce Wood, Speaker Designate of this House of Representatives, who headed the said Florida unofficial legislative committee, and Honorable Stuart Gillis, then President of the Florida Senate, and Honorable
J. Turner Butler, then President Designate of the Florida Senate for 1939, and
it is incumbent upon the Florida Legislature at this session to make effective the results of the work of the said committees; NOW THEREFORE,
Be it resolved by the House of Representatives, the Senate concurring:
1. That a special committee to be composed of not less than three and not more than five members of the House of Representatives be appointed by the Speaker of the House of Representatives, and not less than three and not more than five members of the Senate be appointed by the President of the Senate, to make a study of all existing laws affecting trade between the State of Georgia and the State of Florida, and to study the report of the unofficial committee which has conferred and negotiated with the legislative committee of the State of Georgia, and the laws of the State of Georgia affecting the trade between the two states, and that such committee be authorized, empowered, and directed to prepare and recommend to this Legislature such Acts as may be necessary to make effective the tentative agreements between the unofficial Florida legislative committee and the Georgia legislative committee, and such Acts as may make effective complete industrial, commercial, and social reciprocity between the State of Florida and the State of Georgia.

968

JOURNAL OF THE SENATE,

2. That the said committees, when so appointed, function as a )omt committee of the Senate and House of Representatives of the State of Florida, and report to each the Senate and the House, from time to time, its findings and recommendations on the subjects referred to in this resolution.
3. That the said committee be and it is authorized to invite members of the Legislature and officials of Georgia to confer with it upon the subject of reciprocal legislation between the states, but that no expense be incurred by the said committee without express authority of the Legislature.

INDEX
of the
SENATE JOURNALS
of the TEN-DAYS SPECIAL SESSION
and the REGULAR SESSION
of the
SENATE
of the STATE OF GEORGIA January 9, March 18, 1939

INDEX

971

PART I

TO SENATE JOURNAL SESSION 1939

SE.."'ATE ORGANIZATION, PROCEDURE, ETC.

Figures in right hand column indicate number of page. Figures in left hand column indicate number of Bills and Resolutions.

Membership, certification of______________________________________________________________

5, 7

Election of Qfficers---------------------------------------------------------------------------- 8, 10, 11

Notifying House of organization (S. R. 1)----------------------------------

10

Notifying Governor, ready for business (S. R. 2)------------------------

10

J oint Session to canvass returns ( S. R. 3) -------------------------------- ___

13

General election returns canvassed-------------------------------------------------

17

Committee on inauguration._____________________________________________________________ 13, 14, 21

Inaugural Program, Governor's address __________________________________ .21, 22, 23, 232

Appointment of committees-------------------------------------------------------------

39

Committee on Aviation __________________________________________________________________ 39, 59, 61, 66

Committee, Penitentiary --------------------------------------------------------------------

116

Special Penal Committee._________________________________________________________________

595

Convening Regular Session (S. R. 11) ------------------------------------------- 52, 55, 58

Notifying House, Regular Session (.8. R. 17)--------------------------------

58

Senate Rule 38 amended (S. R. 42)---------------------------------------------- 328, 336, 376

Senate Rule 112 amended (S. R. 47)----------------------------------------------

424

Attaches of Senate, limited (S. R. 6)----------------------------------------------

16, 19

0fficials remain after adjournment (S. R. 60)---------------------------

679

To provide microphQne for Senate (S. R. 76)-----------------------------

951

Notify House ready to adjourn sine die (S. R. 77>--------------------

963

CONFERENCE COMMITTEES-

Report on S. B. 1, Hospital Authority______________________93, 132, 137, 145, 178, 180

Report on S. B. 172, W. & A. air rights _____________________________________

951

RepQrt on H. B. 637, pensions and records ____________________________________

797, 884

Report on H. B. 49, unemployment compensation ______________769, 772, 849, 949

Report on H. B. 446, state employees salaries_____________________________ 953, 958, 962

Report on H. B. 90, Bartow City Court___________________________________

90

EXECUTIVE COMMUNICATIONSMessages from GQvernor-----------------:---------------------18, 56, 86, 87, 93, 147, 247

972

INDEX

EXECUTIVE APPOINTMENTS, CONFIRMED-

Ron. Broadus Zellars-----------------------------------------------------------------------

84

Hon. C. A. Baldwin___________________________________________________________________________ _

84

Hon. Carlisle Cobb________________________________________________________________________

208

Hon. Preston Almand____________________________________________________________________

208

Hon. Charles S. Reid---------------------------------------------------------------------

343

Hon. Ellis Arnall __________________________________________________________________________

343

Hon. Herschel E. Smith___________________________________________________________________

343

Hon. W. N. McKay____________________________________________________________________

365_

Hon. W. H. Rich_________________________________________________________________________

365

H{)n. W. W. Clary, J r ----------------------------------------------------------------

366

Mrs. A. B. Conger______________________________________________________________________________

366

Hon. Lamar Murdaugh______________________________________________________________

366

Hon. Arthur Cheatham_________________________________________________________________

366

Hon. Garland Peyton_____________________________________________________________________ __

366

Dr. D. N. Thompson___________________________________________________________________

366

Hon. Arlie D. Tucker________________________________________________________________________

366

Hon. Braswell Deen_________________________________________________________________________

367

Hon. Elliott W. Reid__________________________________________________________________________

367

Hon. G. W. Langford.---------------------------------------------------------------------

448

Dr. E. N. Brown_______________________________________________________________________________

485

Dr. H. W. Clements_________________________________________________________________________

511

H{)n. George G. Allen_________________________________________________________________________

~0

Hon. W. W. Stark______________________________________________________ ---------------------

7-20

Hon. Norman G. Reeves, Jr,__________________________________________________________

7t0

Hon. John S. McClelland__________________________________________________________________

no

Hon. Bond Almand_________________________________________________________________________

m

Hon. L. L. Patten_____________________________________________________________________________

no

Dr. Burton A. Williams -------------------------------------------------------------------

120

Hon. W. Glenn Thomas____________________________________________________________________

no

H{)n. W. A. Blasingame___________________________________________________________________

766

Dr. Melvin Sutker___________________________________________________________________________

767

Hon. E. B. King__________________________________________________________________________________

904

Hon. C. C. Tuggle____________________________________________________________________________

904

Hon. C. A. SockwelL________________________________________________________________________

904

Hon. 0. D. Price________________________________________________________________________________

go4

Hon. Troy G. Morrow______________________________________________________________________

905

Hon. J. C. BaileY---------------------------------------------------------------------------------

-905

Hon. Clem E. Rainey______________________________________________________________________

960

APPRECIATION, CONFIDENCE, ETC.-

S. R. 16-Thanks to Macon Telegraph ____________________ --------------------

55

S. R. 18-Thanks, Parks Department, WPA, etc.______________________

67

S. R. 56-Commendation of Economy Committee _____________________

565

S. R. 58-Commending Governor for appointment Hon. W. L.

Miller ____________________________ ----------------------------------------------

616

S. R. 67-Confidence in Department of Education __________________

845

INDEX

973

S. R. 68-Appreciation, Senate officials, faithful service_______

846

S. R. 69-Thanks to Hon. Jeff Pope fQr pickles_______________________

911

S. R. 71-Praising Senator Ben W. Fortson, Jr., for distin-

guished service --------------------------------------------------------

917

S. R. 72-Law Department, thanked for service to Senate_____

920

S. R. 73-Praising Senator Susie T. Moore for faithful service

920

S. R. 74-AppreciatiQn to Admiral John Henry Towers ___________

943

S. R. 75-Thanking Hon. Jack Garner, Representative Charlie

Gowen and Senator Hadley Brown for invitation

to Brunswick --------------------------------------------------------------

944

INVESTIGATIONS, INQUIRIES-

S. R. 12-State Penal Board, committee to investigate ____

54

S. R. 19-State Highway Board, committee to investigate ______ S. R. 20-Suspension PWA projects_____________________________________________
S. R. 21-Information from Tax Commissioners_______________________

82 83 87, 119

S. R. 41-Penal Administration, committee to investigate _____

324

S. R. 44-Highway Department to make certain report 1941 362, 403, 454

APPROPRIATIONS AND REVENUE-

S. R. 51-House requested to enact bills ______________________________________

372

ECONOMIC CONDITIONS-

S. R. 70-Georgia Bankers Association committee to make

study -------------------------------------------------------------------------

913

GENERAL SENATE RESOLUTIONS

AMENDMENTS TO CONSTITUTION-

(See also Bills)

S. R. 5-Poll taxes, to abolish___________________________________________________

16, 79

S. R. 9-Quitman, bonded indebtedness________________________________ 39, 79, 80, 119

S. R. 10-Quitman, additional debts___________________________________ 39, 79, 80, 121, 374

S. R. 25-New Senatorial District------------------------------------------------ 189, 202, 224

S. R. 31-Revenue anticipation bonds, not debts ________________________ 228, 377, 380

BOOKS, LIBRARIAN TO SUPPLY-

S. R. 7-To Habersham countY---------------------------------------21, 65, 66, 71, 359

S. R. 22-To Piedmont College______________________________________________________

112, 284

S. R. 36--To Haralson county_______________________________________________ 292, 317, 322, 731

S. R. 63-To Liberty county_________________________________________________________

695

CAPITOL HOSTESS-

S. R. 46--Requesting Governor to retain Mrs. Hogan ________________

393

CONDEMNATION-

S. R. 59-RFC for appointing non-residents _______________________________ _

679

974

INDEX

CITIES, CITY CHARTERS-
S. R. 9-Quitman, bonds -----------------------------------------------------39, 79, 80, 119 S. R. 10--Quitman, additional debts----------------------------------39, 79, 80, 121, 374

COMMENDATION-

Senator Paul Lindsay commended________________________________________________

364

CONGRESS, MEMORIALS TOS. R. 15-Control and privileges of aliens__________________________________ S. R. 28-To protect wood pulp industry_______________________________________ S. R. 33-Appropriation for forest protection__________________________
S. R. 35-Appropriation, forest fire controL------------------------------S. R. 39-Restore prosperity to farmers______________________________________ S. R. 62-Provide funds for business research________________________ S. R. 65-Urging survey Old Age Pension measures_______________

55 218, 223
228 278, 304
313 695, 709
745

DEATHS, ILLNESS-

S. R. 43-Death of Mrs. Elizabeth Evans____________________________________

364

S. R. 49-Death of Hon. E. M. Williams_____________________________________

448

S. R. 50--Death of Hon. Jas. H. Skelton, Sr.-----------------------------

472

ECONOMY COMMITTEE-

S. R. 64-Requesting Governor to make certain recommenda-

tion effective -----------------------------------------------------------

695

EDUCATION-
S. R. 26----Joint committee, study school conditions____189, 196, 201, 208, 217 S. R. 45-To provide funds for schools__________________________375, 391, 400, 410, 436

GEORGIA WALTZ-

.S. R. 66----0fficial State Waltz_______________________________________________________

844

HIGHWAY DEPARTMENTS. R. 23-Issue refunding bonds______________________________________ 128, 190, 192, 242, 414 S. R. 57-State road survey counciL_____________________________________ 616, 674, 675, 725

INVITATIONSS. R. 29-Dean Hosch, U. of Ga.____:_____________________________________________ .S. R. 61-Kiwanis International, 1941 convention in Atlanta Phil Spitalney's band invited________________________________________________________
LICENSE REFUNDS. R. 38-0verstreet, Barrow, liquor fees___________________________________
MOTOR VEHICLESS. R. 24-License tags, time extended_________________________________________
MEMORIALSS. R. 55-No motion pictures depriving Dr. Crawford Long credit discovery of ether____________________________________________

218 692 136
306
114, 197
559

INDEX

975

S. R. 27-A. H. Thompson, plate on portrait_____________________________

189

S. R. 32-Thos. A. Edison, day designated_______________________________

231

S. R. 37-Hon. Nathaniel Hammond, portrait______________________

303

S. R. 52-Sidney Lanier bridge named_______________________________________

840

MISCELLANEOUSS. R. 5-Poll taxes, to abolish____________________________________________________
S. R. 13-Favor amending U. S. old age pension laws____________ S. R. 53-Request to I. C. C. for uniform freight rates___________ S. R. 54-0n confinement of first offenders____________________ Financial aid urged for schools____________________________________________________

16, 79 54
491, 560 494 198

RATIFICATION U. S. CONSTITUTIONS. R. 48. First ten amendments____________________________________439, 553, 555, 599, 935

RECIPROCAL TRADE AGREEMENTS-

S. R. 14-0n fishing laws, Georgia and Florida___________________54, 63, 355, 965

Action by Florida Legislature______________________________________________________

965

S. R. 34-Wisconsin tariff barriers deplored ___________________________

230

SPECIAL REIPORTS-

W. & A. Senate Committee_____________________________________________________________

659

W. & A. Commission____________________________________________________________________

822

Special Committee, Penal Administration -----------------------------------

937

Report on paroles issued-------------------------------------------------------------------

294

SURETY ON BONDS. R. 30--Peugh, H. A., relieved ____________________________________________ 228, 283, 286, 301

976

INDEX

PART II

SENATE BILLS

AGRICULTURES. B. 195-To require use of cotton containers ____________________513, 570, 571, 613

ALCOHOLIC BEVERAGES-

S. B. 81-Requirements manufacture alcoholic beverages____

210

S. B. 134--Method of arrest and confiscation_____________________________

315

ATHLETIC COMMISSIONS. B. 3-Act creating, repealed ---------------------------------------15, 60, 79, 83, 935

AMENDMENTS TO CONSTITUTION-

(See also Resolutions)

S. B. 38-To authorize counties and municipalities refund

bonded debts ----------------------------------------------------------------

76

S. B. 40-State printing at penal institutions ______________76, 89, 91, 132, 194

S. B. 63-Method of amending the Constitution ---------------------

141, 310

8. B. 66-Pensions for employees, Fulton and Richmond_______________________________________________________l41, 191, 192, 204, 435

S. B. 97-Annual Sessions of General Assembly______________________ 237, 310, 415

S. B. 100-0cilla to incur bonded debt-----------------------282, 309, 310, 337, 849

S. B. 136-Coastal Highway District bond issue 327, 377, 379, 633, 894, 897

S. B. 138-Defining duties Coastal Highway

District ---------------------------------------------328, 398, 403, 637, 894, 902

S. B. 140-Exempt certain live stock industries from

taxation ----------------------------------------------- ______________328, 377, 379, 762

S. B. 150-City of Atlanta, revenue certificates ____ 375, 459, 465, 480, 895

S. B. !51-Savannah to incur bonded debt _______________375, 425, 427, 466, 729

S. B. 161-Amendments affecting local community

to be voted on locally-------- _______________________________.424, 460, 465, 580

S. B. 175-Willie School District to incur bonded

debt ------------------------------------------- _________________.457, 475, 477, 502, 730

S. B. 177-Savannah to incur bonded debt ______.458, 475, 477, 503, 843, 886

S. B. 202-Sylvania to incur bonded debt _________________ 551, 568, 572, 599, 843

BANKS AND BANKING-
S. B. 21-B. & L. Associations to use "co-operative bank" in name --------------------------------------------------------------------------
S. B. 157-Holding companies prohibited common stock in banks ----------------------------------------------------------------------------

53 396, 591

BANKRUPTCYS. B. 206-Providing for recording petitions ____________552, 570, 572, 655, 959

INDEX

977

CITIES, CITY CHARTERS-

S. B. 18-Quitman, charter amended_________________________ 39, 175, 177, 195, 296

S. B. 59-Atlanta, charter amended__________________________140, 236, 238, 272, 358

S. B. 60---Atlanta, providing for Mayor pro tem____140, 235, 238, 272., 359

S. B. 64--Atlanta, Civil Service Act amended ________141, 236, 239, 274, 359

S. B. 68--Atlanta, automobile expense

limited ----------------------------------------------142, 235, 239, 275, 876, 877 S. B. 80-Brunswick, charter amended ____________210, 235, 239, 272, 374, 387 S. B. 87-Atlanta, charter amended ___________________________225, 235, 239, 276, 359 S. B. 92--Baxley, charter amended __________________________ 225, 267, 269, 287, 359 S. B. 99-Augusta, charter amended_________________________ 266, 330, 332, 353, 473 S. B. 100---0cilla, incur bonded debt-___________________________ 282, 309, 310, 337, 849 S. B. 106--Atlanta, charter amended_________________________ 292, 378, 379, 406, 497

S. B. 107-Atlanta, Civil Service Board_____________________ 293, 378, 379, 405, 729

S. B. 112--Canton, charter amended __________________________ 293, 331, 332, 350, 399

S. B. 118-Mauk, charter amended______________________________292, 331, 332, 350, 462

S. B. 129-Columbus, sell certain real estate__________306, 331, 332, 350, 462

S. B. 130-Columbus, to build bridge __________________________ 306, 355, 398, 414, 551

S. B. 132-Atlanta, extend city limits________________314, 378, 379, 406, 519, 545 S. B. 145-Fitzgerald, charter amended _______________________________________ 361, 461, 464

S. B. 149-Atlanta, charter amended _________________________374, 495, 496, 544, 618

S. B. 150---Atlanta, revenue certificates____________________ 375, 459, 465, 480, 895

S. B. 151-Savannah, to incur debt _____________________________ 375, 425, 427, 466, 729

S. B. 156--Change the manner of incorporating towns and villages ________________________396, 516, 517, 575, 580, 880

S. B. 171-Baxley, to create city authority_______________445, 495, 496, 523, 618

S. B. 173-Atlanta, pensions police department ______ 445, 495, 496, 521, 730

S. B. 177-Savannah, bonded debt_____________________ 458, 475, 477, 503, 843, 886

S. B. 189-Marietta, bond election_______________________________493, 516, 518, 561, 655

S. B. 202-Sylvania, bonded debt------------------- --------- ...551, 568, 572, 599, 843

S. B. 204--Macon, city court abolished________________________________________

551

S. B. 205-Macon, jurisdiction Municipal Court defined____________

552

S. B. 209-Augusta, charter amended __________________________552, 592, 593, 624, 730

S. B. 217-Summetville, charter amended _________________589, 686, 700, 709, 843

S. B. 232--Thunder}JOlt, charter amended _________________________694, 741, 742, 793

S. B. 235-Swcin~oro, charter amended ------------------------------------- 695, 741, 742

CODE AMENDMENTS-

S. B. 5-Section 95-2112 amended, county bonds; Section 95-2111 repealed _______________ 16, 224, 227, 271, 895, 902

S. B. S. B.
s. B.

7-Section 114-413 workman's compensation _________16, 79, 80, 119 14--Section 68-214, motor license
plates ---------------------------------- _________ 38, 78, 80, 147, 191, 218, 841 15-Part 3, Chapter 34-19, mode of holding

primaries ----------------------------------------------------------------38, 234, 238, 276 S. B. 20-Section 24-2702, Superior Court Clerks to prac-

tice law ------------------------------------------------------------------------

53

978

INDEX

S. B. 23-Section 92-3701, counties to levy taxes

for hospitalization -------------------------------53, 88, 90, 130, 361, 368 S. B. 24-Section 113-1209, administration of estates ______ 54, 175, 177, 231
s. B. 26-Section 89-832, action on bonds ____________ -------------- 60, 89, 91, 131

S. B. 27-Title 110, Chapter 110-4, Section 110-41, judgments by default ____________________________________ 64, 89, 91, 132, 219

S. B. 43-Section 68-301, speed limit certain

vehicles ---------------------------------------------- 85, 398, 402, 433, 486, 925 S. B. 46-Title 58, Chapter 2, Section 207, seizure

of vehicles ------------------------------------------------------------128, 191, 192, 353 S. B. 61-Chapter 34-32 of Part VI, Title 34, repealing
Section 34-3211, primary elections ________________ 141, 234, 239, 370

S. B. 77-Section 84-1404, Georgia Real Estate

Commission -------------------------------------------------------- 201, 319, 320, 419

S. B. 78-Section 23-2302, parents and children of

paupers ------------------------------------------------------------------209, 283, 286, 302
s. B. 83-To repeal Chapter 84-3, relative to architects ________ 210, 441, 442

S. B. 93-Chapters 88-11 and 88-12, birth and death records ---------------------------- ------ _______________________________ 226, 309, 310, 454

S. B. 102-Section 92 A-401, driver's license __________________ 282, 318, 321, 420

S. B. 103-Section 68-307, driving while

intoxicated ----------------------------------------------- 282, 318, 321, 560, 564

S. B. 109-Section 201, Chapter 77, Title 77, county

convict farms --------------- ------------------------------------- 293, 318, 321, 544

S. B. 113-Section 40-1608, Assistants Attorney

General ____________

______ __ __ _ _291, 377, 379, 562, 564, 638

S. B. 115-Section 68-303, signals for operators, motor vehicles __ ------- __ ----- _ ___ _ _ ___ ___ _____ _292, 398, 402, 469

S. B. 131-Section 9-401, defining practice of law

314, 378, 379, 579

S. B. 146-Section 95-1715, right of way for public

roads __ _ -- _ -- __ --

_ ---- _---- _ 361, 398, 403, 559, 934

S. B. 148-Section 92-3805, tax officers fees____________________

374, 943

S. B. 152-Section 45-507, restricting poisonous refuse in

streams ----------------------------- ------ ----------------------------------- 375, 622, 624

S. B. 158-Title 86, relative to public defense---------------------------

396, 571

S. B. 162-----.Section 45-308, hunting bob white and quail

464, 475

S. B. 181-Section 53-208, marriage licenses, under

age ----------------------------

______________ 474, 553, 555, 604, 912

S. B. 182--Section 84-903, State Board of

Medical Examiners

_________ 474, 512, 516, 543, 957

S. B. 186-Section 77-509, repealed, new section

substituted --------------------------------------492, 514, 518, 609, 914, 915

S. B. 190-Section 45-801, relative to oyster beds _________493, 6fi2, 703, 762

S. B. 191-Section 45-512, prohibit use of fish nets _ __ __ __ 493, 652, 931

S. B. 192--Section 45-602, to regulate taking of shad ___ 493, 591, 652, 931

S. B. 198-Section 45-601, change season for taking shad 514, 652, 703, 762

INDEX

979

S. B. 199-Section 45-322, hunting certain game______________________ 514, 653, 931

S. B. 200--Chapter 95-18, relative to railroad crossings____514, 568, 571, 880

S. B. 211-Section 69-414 and Section 69-417, bonds for

street improvements -----------------------------------------566, 648, 651, 683

S. B. 220-Section 77-341, commutation of good behavior of

convicts -----------------------------------------------------------------------

615, 653

8. B. 226-Sections 68-402, 68-403, limit capacity certain

motor vehicles ----------------------------------- _____________643, 679, 699, 723

S. B. 230-.Section 92-3715, counties to levy tax

for paupers --------------------------------------666, 699, 705, 760, 954, 955

CORPORATIONSS. B. 168-Requiring annual statements____________________________________ 439, 475, 477 S. B. 212-Providing for transfer of stock___________________________566, 591, 593, 693

COUNTIES, COUNTY MATTERS-

S. B. 5-County bonds ---------------------------------16, 224, 227, 271, 895, 902

S. B. 8-Dodge, commissioner to employ clerk _________________16, 88, 90, 117

S. B. 16-Haralson, four terms Superior Court_______________________ 38, 90, 118

S. B. 17-Echols, filling vacancy County Court__________________ 38, 89, 90, 118

S. B. 25-Screven, Bulloch, Bryan, hunting regulated________54, 79, 80, 125

S. B. 47-Screven, compensation of

treasurer -------------------------------------------128, 201, 202, 216, 397, 401

S. B. 51-Butts, four terms Superior Court ___ 139, 284, 285, 301, 475, 729

S. B. 54--Fulton, Commissioners Roads and

Revenues ------------------------------------------------------140, 201, 203, 216, 497

S. B. 66-Fulton, Richmond, pensions for

employees ----------------------------------------141, 191, 192, 204, 435, 895

S. B. 71-Screven, four terms Superior Court _________________ 173, 190, 192, 206

S. B. 74--Atkinson, Commissioners Roads and

Revenues ------------ --------------------------------- ___189, 2{)1, 203, 217, 397

S. B. 79-Hancock, bond of Sheriff___________________________ 209, 320, 321, 334, 438

S. B. 94-Habersham, bond of SherifL_________236, 320, 321, 335, 497, 546

S. B. 111-Taliaferro, increased term county

commissioners ----------------------------------273, 320, 321, 335, 550, 559

S. B. 121-Wheeler, Commissioner Roads and

Revenues ----------------------------------------------------305, 320, 322, 335, 438

S. B. 127-Butts, Commissioners Roads and

Revenues --------------------------------- _________________ 306, 320, 322, 336, 565

S. B. 153-Mitchell, Commissioners Roads and Revenues 375, 400, 403, 430

S. B. 154--DeKalb, Commissioners Roads and

Revenues, elected -------------------------------------375, 400, 403, 430, 665

S. B. 170-Fulton, budget provided for______________________445, 460, 465, 490, 729

S. B. 193-To provide for appointment, County Planning

Councils -------------------------------------------------------------------- 494, 593, 625

S. B. 221-Emanuel, Board of Roads and Revenues ____________________

616

980

INDEX

S. B. 223-Hart, clerical help for Tax Commissioner________ 616, 623, 651, 716

S. B. 234-Emanuel, sheriff's costs in criminal cases________________

695

COURTS, COURT PROCEDURE-

S. B. 12-Filing Lis Pendens, Superior

S. B. S. B. S. B.

Courts -------------------------------------------36, 89, 90, 119, 19a, 197, 358

16-Four terms Superior Court, Haralson County ________ 38, 90, 118

20-Superior Court Clerks to practice law______________________

53

27-Judgments by default ______________________________________64, 89, 91, 132, 219

S. B. S. B.

51-Four terms Superior Court, Butts County ____________________________________________139, 284, 285, 301, 475, 729
52-City Court of Sylvania, Act repealed ___________________________________________ 139, 175, 177, 196, 478, 894

S. B. S. B. S. B. S. B. S. B. S. B.

55-Superior Court Judges to continue Grand Juries ____________________________________________________________________140, 234, 238, 418
56-Municipal Comt of Atlanta, Act amended __________________________________140, 235, 238, 272, 374, 383, 565
65-Power to punish for failure to answer
subpoenas --------------------------------------------------------------141, 234, 239, 879 71-Four terms Superior Court, Screven
County -------------------------------------------------------173, 190, 192, 206, 843 88-Deputy Clerk Court of Appeals, salary _________ 225, 235, 239, 546
89-Judge Emeritus Court of Appeals, created _____ 225, 569, 571, 656

S. B. 105-City Court of Pembroke, Act amended ___________________________________________292, 347, 349, 389, 550, 558
S. B. 126-lnsanity ground for diYorce ______________________________ 306, 378, 379, 562
S. B. 128-Waycross Judicial Circuit, fee system

amended ----------------------------------------------------- 306, 347, 349, 389, 696

.S. B. 137-Certain court officials prohibited drawing

legal documents -------------------------------------------------327, 347, 349, 420

S. B. 142-Promulgation rules of procedure for trial

courts, judicial functions ____________________________________ 328, 377, 380, 685

S. B. 176-Providing priority of cost, commital court's triaL 458, 515, 517

S. B. 204-Macon City Court, to abolish______________________________ -------

551

S. B. 205-Municipal Court of Macon, jurisdiction defined _____

552

DEPARTMENT OF LABOR-

S. B. 147-To create a personnel division ____________________________________

361

S. B. 184-To establish apprenticeship council ____________________________

474

S. B. 197-To create division of personnel administration _______ 514, 569, 571

DRUGS-
S. B. 4-Regulating sall' of barbituric drugs -------------------- ________________________15, 88, 90, 124, 181, 696, 713

EDUCATIONS. B. 53-Responsibility, transportation of pupils ________ .139, 267, 268, 412

INDEX

981

S. B. 120-Prohibit free school books except through seventh

grade ----------------------------------------------------------------------------

305, 440

S. B. 133--Method of selecting County Board of

Education -------------------------------------------------314, 440, 442, 453, 729

S. B. 143-Qualification members County Boards of Educa-

tion ----------------------------------------------------------------------------S. B. 175-Willie School District, Liberty County,

345, 722

incur debt ---------------------------------------------_457, 475, 477, 502, 730

S. B. 185-Educational Opportunities Act amended _492, 569, 571, 655, 936

S .. B. 187-0fficial coat of arms and flag for Georgia____493, 569, 571, 655

ELECTIONS-
S. B. 6--Re-count and contest in primaries_______________________ 16, 144, 145, 182 S. B. 15-Mode of holding primaries___________________________________38, 234, 238, 276 S. B. 57-Municipal primary law amended ______________140, 234, 238, 286, 843
S. B. 61-Re-count ballots in primaries-------------------------141, 234, 239, 370 S. B. 167-Require presidential primaries, time, etc.________________ 439, 515, 517
S. B. 189-Marietta, bond election provided for ____________________________________________________493, 516, 518, 561, 665, 678
S. B. 233-Regulating election managers_____________________________694, 767, 772, 793

FERTILIZERS. B. 39-Commissioner to establish standard grades ---- 76, 176, 177, 311

FISH AND GAME-

S. B. 25-Regulate hunting in certain counties____________ 54, 79, 80, 125, 875

S. B. 90-Permit hunting rabbits in county of residence________ 225, 703, 705

S. B. 162--Season for hunting bob white and quail changed ____

424, 475

S. B. 178--Prohibit commercial fishing in certain waters ________ 458, 520, 931

S. B. 179-Director Wild Life to make rules respecting

sea food industries____________________________________458, 579, 703, 762, 954

S. B. 180-License tax on fishing boats, amended ________________________________________458, 520, 703, 761, 762, 934

S. B. 190-0yster bed leases, amended _______________________________493, 652, 703, 762

S. B. 191-Nets in rivers and sounds prohibited ________________________ 493, 652, 931

S. B. 192-Regulate taking of shad ____________________________________________ 493, 652, 931

S. B. 198---Season for taking shad changed_______________________514, 652, 703, 762

S. B. 199-Prohibiting traps, poisons, etc--------------------------------- 514, 653, 931

HIGHWAYS, HIGHWAY DEPARTMENT-

S. B. 13--Add mileage in certain senatorial districts____________ 36, 71, 117

S. B. 30-Add mileage in Hall and Dawson Counties____________ 65, 71, 118

S. B. 45-Amend Act relative Highway Department___________

111, 197

S. B. 76--Add mileage 44th senatorial district._______ 201, 224, 228, 242, 876

S. B. 136--Coastal Highway District, bond

issue ------------------------------------------------327, 377, 379, 633, 894, 897 S. B. 146--Condemnation procedure, amended _________ 361, 398, 403, 559, 934

982

INDEX

S. B. 169-Add mileage in Dawson, Forsyth, Cherokee ___________ 439, 465, 485
S. B. 225--Add mileage through Neville and Groveland ------------------------------------------ ___________________643, 674, 675, 742, 768
S. B. 229-Add mileage at Panthersville ____________________________ 666, 674, 705, 743

HOMESTIDAD EXEMPTION-

S. B. 116--For joint owners where homestead in more than

one county --------------------------------------------------------------------

292

HOSPITAL AUTHORITYS. B. 1-State authority created ________ 15, 59, 61, 66, 92, 132, 178, 180

HYGIENE AND SANITATION-

S. B. 91-Act revising health laws, amended-------------------------- 225, 309, 310 S. B. 93--Uniform records, births and deaths _________________ 226, 309, 310, 454 S. B. 117-Chiropractic practice regulated______________ 292, 401, 402, 431, 880 S. B. 139-Examinations for license to practice ______________ 328, 401, 403, 431

S. B. 163-Execution, recording, birth and death certificates

424

S. B. 183--State Board of Medical Examiners, appointments _____________________________________________474, 512, 516, 543, 957

S. B. 201-Eating places to sterilize vessels________________________________

551

INSURANCE-

S. B. 75--Incorporation co-operative insurance

exchanges --------------------------------------------------------------189, 285, 312, 647

S. B. 82-Insurance rates regulated by Commissioner _________

210, 349

S. B. 213-Insurance companies to reinsure risks ------------------- 566, 570, 948

LIVESTOCKS. B. 31-Bill of sale required in all transactions _______70, 88, 91, 132, 231

MARATHON CONTESTSS. B. 210-Dance contests prohibited ______________552, 573, 648, 693, 700, 757

MARKETS, MARKETING-
S. B. 95--To promote marketing, leaf tobacco _________________ 236, 376, 378, 470 S. B. 144-Enlarging powers under co-operative
Act ------------------------------------ ____________________________ 345, 376, 380, 435, 876 S. B. 218-Atlanta Produce Market Authority
established -------------------------------------------------------- __ 589, 638, 701, 767

MOTOR VEHICLES-
S. B. 14-Peach imprint on license tags ______________________________ 38, 78, 80, 147
s. B. 41-Department of Safety, Act amended _________________ 76, 284, 285, 303
S. B. 43--To increase speed limit ______________________85, 398, 402, 433, 486, 925 S. B. 46-Seizure and sale of vehicles _______________________________ 128, 191, 192, 353
s. B. 67-0perators fire trucks exempt from liability ___141, 234, 239, 419
S. B. 96--Responsibility of owners on roads.___________________ 237, 398, 402, 722

INDEX

983

S. B. 102-Driver's license, Act amended ___________________________ 282, 318, 321, 420 S. B. 103-Relative to driving intoxicated_______________ 282, 318, 321, 560, 564 S. B. 115-Signals upon highways prescribed------------------ 292, 398, 402, 469 S. B. 122-Motor vehicle tags, time changed ______________________ 305, 347, 349, 434 S. B. 125-Motor vehicle tags, to change time available ___ 305, 347, 349, 434 S. B. 141-Prohibit use of vehicles in games of chance ___ 328, 400, 403, 723 S. B. 226-To limit loads of certain vehicles ______________________643, 679, 699, 723
NAMES CHANGED-
S. B. 86--George and Herbert Smith, Coweta County ________________________________________________________ 225, 235, 239, 273, 729

NATURAL RESOURCESS. B. 207-Department of, creating Act amended_____________ 552, 621, 623, 794

NAVAL STORESS. B. 22-0perators designated as farmers ________53, 89, 90, 130, 373, 388

OPTOMETRY-

S. B. 166-Regulation of practice, amended _______________________________

166

OIL AND MINERAL LEASESS. B. 101-0il, gas and mineral leases, no regulation ___ 282, 348, 349, 470

PLUMBERSS. B. 214-Board of Examiners provided for ____________566, 621, 623, 657, 894

PAPER PULP-

S. B. 164-Authority to promote industry____________________________________

424

PENAL---

S. B. 109-County convict farms __________________________________________ 293, 318, 321, 544

S. B. 160-Penal Administration Board, transfer duties for Prison and Parole Commission ___423, 514, 517, 604, 956, 957

S. B. 186--Members Pardon and Parole Commission,

elective ------------------------------------------ ___492, 514, 518, 609, 914, 915

S. B. 220-Commutation on good behavior__________________________________

615, 653

PENSIONS-
S. B. 9-For aged farmers ------------------------------------------ 20, 317, 320, 373, 412 S. B. 62-Atlanta, pension fund ________________________141, 191, 192, 204, 730, 738 S. B. 66--Fulton and Richmond, county employees 141, 191, 192, 895, 905 S. B. 73-Uniformity in payment ____________________188, 317, 320, 337, 700, 716 S. B. 108-Fulton County Police Department ____________ 293, 378, 379, 406, 729 S. B. 173-Atlanta Police Department, amended ------------ _________ 445, 495, 730 S. B. 194-Pensions, relative to Confederate Soldiers,
etc. ---------------------------------------------------------- _______________494, 623, 651, 759

984

INDEX

.S. B. 203-Retirement members Industrial Board ______________________________________________551, 570, 572, 613, 881, 955
S. B. 215-Classify persons entitled to assistance _____________567, 622, 623, 793

PRINTINGS. B. 40-State printing at penal institutions _______________76, 8!:1, 91, 132, 194 S. B. 69-Newspaper libel law, amended ______ 142, 190, 192, 312, 313, 849 S. B. 155-Require publication report of receipts and disbursements, public funds cities, towns, counties -----------------------------------------------------------------396, 476, 477, 478
PUBLIC HEALTH-
S. B. 28-Basic science regulation 64, 234, 240, 309, 313, 382, 431, 437 S. B. 29-Non-citizen prohibited license______________65, 88, 91, 132, 880, 888 S. B. 42---Syphilis, spread of through marriage _________________85, 234, 238, 368 S. B. 208-Department to acquire property_________________________552, 573, 591, 679

PUBLIC PROPERTY-
S. B. 11-Marsh lands in Camden granted U. S.____________________ 20, 65, 71 S. B. 19-Tax levy on State-owned property
limited ----------------------------------------------- ________ 39, 331, 392, 395, 561 .S. B. 77-Real Estate Commission, amended ___________________201, 319, 320, 419

PUBLIC UTILITIE'S-

S. B. 50--Regulating business of_________________________________________________ 139, 236, 313

S. B. 98-Electric membership corporation,

amended -----------------------------------------------------266, 317, 321, 350, 849 S. B. 165---To equip R. R. switchmen with electric

lanterns -------------------------------------------------------------424, 476, 477, 768 S. B. 188-Motion pictures, supervision Public Service Com-

mission

493

PUBLIC WELFARE-

S. B.
S. B. :S. B. S. B.

32-Bonds by Housing Authority security for deposits --------------------------------------------- ____________75, 86, 190, 271, 894
33-Housing Co-operation Law, amended__________75, 86, 190, 271, 879 34-Housing Authority, law amended________ 75, 86, 190, 288, 893, 897 35---Housing authorities validated________________________75, 86, 190, 273, 879

S. B. 36-Bonds taken by State Authority

validated ------------------------------------------------------75, 86, 190, 273, 879 S. B. 37-Unfit dwellings condemned by cities____________75, 86, 190, 288, 302

S. B. 44-Assistance to disabled

persons ------------------------------------111, 283, 285, 369, 398, 418, 490 S. B. 70-Housing Authority, Act amended ____________ 173, 190, 192, 301, 879 S. B. 78----.Support, parents and children of paupers _______________ 209, 283, 286
S. B. 194-\Velfare Re-organization, Act amended ___________ 494, 623, 651, 759

S. B. 231-Bureau for deaf mutes established _________ 666, 715, 719, 758, 795

INDEX

985

RAILROADSS. B. 200--Railroad crossings, law amended _____________514, 568, 571, 683, 880

RECREATIONS. B. 123-"Georgian Waltz" official state waltz _____________ 305, 400, 402, 434

STATE EMPLOYEES-

S. B. 114-Reduction of salaries_______________________________________________

291

S. B. !59-Specifying qualifications ----------------------------------- 396, 441, 442, 486

S. B. 228--Manner of employing___________________________________________________

666

STEAM BOILERSS. B. 85--Inspection and regulation ___________________________________ 210, 460, 464, 494

TAXES, TAX OFFICIALS-

S. B. 48-Screven County, Tax Commissioner________ l28, 201, 202, 216, 497

S. B. 49-Advalorem taxes, collection certain years _______ 128, 223, 228, 369

S. B. 58-Homestead exemption, amended ___140, 223, 228, 337, 893, 895 S. B. 72-Situs intangible trust property__________________________ 188, 223, 228, 418

S. B. 110--Taliaferro County, Tax Commissioner____293, 320, 321, 335, 438

S. B. 119-Counties and cities to extend levies _______________ 304, 317, 321, 610

S. B. 124-Tax values limited for five years______________________________

305, 399

S. B. 135-Income tax, resident defined ________________________________327, 399, 402, 683

S. B. 140-Processors of livestock exempt for five years _______________________________________________________________228, 377, 379, 762

S. B. 148--Fees of tax officials, amended____________________________________

374, 943

S. B. 180-License on fishing boats changed ____________________________________________458, 520, 703, 761, 762, 954

S. B. 196-Liberty County, Tax Act amended _________514, 591, 593, 624, 843

S. B. 216-Troup County, to abolish collector and

receiver --------------------------------------------------------567, 592, 593, 625, 730
S. B. 219-Commissions to tax officials changed _____________________________________________615, 622, 651, 684, 876, 880

S. B. 222-Bonds of collectors and receivers ________________________ 616, 674, 675, 760

S. B. 223--Hart County, aid for Commissioner__________________616, 623, 651, 716

S. B. 227-Wheeler, Tax Commissioner created ________ 666, 703, 705, 743, 948

TRADE NAMESS. B. 104-Registration and advertisement __________________________ 282, 308, 311, 354

TREES, PROTECTION OF-
S. B. 182-Right of owner to recover from trespassers -------------------------------------------- _474, 515, 517, 577, 936

UNIVERSITY SYSTEM-

Report of ------------------------------------------ -----------------------------------------------

61

S. B. 2-Status of Regents, Acts repealed _____________________ 15, 60, 61, 67

986

INDEX

S. B. 10-Status of Regents, Act defining repealed_______________

20

S. B. 84-Regents to take property by paying

compensation -------------------------------------------210, 224, 228, 288, 879

WAREHOUSES-S. B. 174-Maximum charges on tobacco, Act amended ___457, 515, 517, 625

WORKMEN'S COMPENSATIONS. B. 7-Act amended -----------------------------------------------------------16, 79, 80, 119

WESTERN & ATLANTIC RAILROAD-
S. B. 172-Commission for air rights, Atlanta____445, 555, 568, 639, 652, 657, 880, 896, 911, 948, 951
.S. B. 224-Sale of rights to certain warrants ____________642, 677, 699, 715, 936

INDEX

987

PART III HOUSE RESOLUTIONS IN SENATE

ORGANIZATION AND PROCEDURE-

H. R. 10---Joint Session for inauguration_________________________________ 19, 20, 21

H. R. 15-Adjournment January 12 to 16______ ------------------------H. R. 28--Sine die adjournment, ten days session ____________________

36, 37 55, 56

H. R. 33-Notify Governor, Regular Session--------------------------

33, 36

H. R. 73-Joint Session, Governor's Address ______________________56, 86, 143, 145

H. R. 103-Joint Session, Governor's Address___________________________

232, 246

H. R. 213-Notify Senate, sine die adjournment ________________________

961

H. R. 214-Notify Governor, ready to adjourn.--H. R. 215-Sine die adjournment__________________________________________

961, 963 964

ADDRESSES-

H. R. 65-Rev. J. Frank Norris_____________________________________________

136, 137

H. R. 101-Hon. Oscar Johnston _______ ------------------------------------------- 233, 246, 325

H. R. 116-Hon. Nathan Straus____ ---------------------------------------------- 295, 300, 325

H. R. 117-Hon. Merrill Rukeyser__________________________________________________

295, 300

COMMENDATION-
H. R. 77-Governor Rivers commended, infantile paralysis campaign

295, 300

APPRECIATION-

H. R. 164-Thanking Milledgeville a-Capella Choir___________________

455

AMENDMENTS TO CONSTITUTION(See also Bills)
H. R. 45-Macon, notes of indebtedness ___________________ 345, 346, 377, 382, 576 H. R. 165-Fitzgerald, tax levy____ ------------------------------- ____ 777, 782, 832, 923 H. R. 177-Greenville, bonded debt __________________________ 733, 740, 787, 792, 858

BLACKBEARD ISLANDH. R. 70---U. S. requested to deed to Georgia_---------------------

139, 146

BOOKS, LIBRARIAN TO SUPPLY-

H. R. H. R. H. R. H. R. H. R. H. R. H. R. H. R.

5-Habersham County ------------------------------ ____222, 227, 284, 286, 301 34-Clayton County ----------------------- 88, 282, 300, 317, 324, 479, 837 37-0conee County __________________________________295, 300, 317, 324, 480, 837 46-Effingham County __________________________345, 346, 425, 426, 480, 837
51-Emanuel County ------------------------------345, 347, 425, 426, 479, 837 55-Spalding County ______________________________732, 739, 785, 792, 838, 936
60---Dade County -------------------------------------732, 739, 785, 792, 838, 912 62-(H. R. 63)-Murray County__________775, 781, 831, 834, 947, 959

988

INDEX

H. R. 93-Bibb County --------------------------------- __ 729, 739, 785, 792, 839, 913 H. R. 128-Gwinnett County ___________________________ 733, 739, 785, 792, 842, 935 H. R. 142-Decatur County --------------------- ________ 733, 740, 785, 792, 839, 936
' H. R. 171-Catoosa County ________________________________ 733, 740, 785, 792, 839, 935
H. R. 186-Floyd County ------------------------------------733, 740, 785, 792, 840, 913
BONDS, SURETYH. R. 43-Reimburse B. H. Anderson --------------------- _315, 316, 377, 382, 455
H. R. 61-Relieve Dr. w. B. Hair___________________________ __ 776, 781, 830, 834, 952 H. R. 64-Relieve w. B. Hair, bond forfeiture ____ ____________ 776, 781, 830, 834

BONDS, COUNTY OFFICIALSH. R. 141-Telfair County, payment of premium ___438, 443, 446, 447, 543

CITIES, CITY CHARTERS-

H. R. 132-Atlanta, sale of land __________________________________775, 782, 830, 834, 881

H. R. 165-Fitzgerald, tax levy________________________

777, 782, 835

H. R. 177-Greenvi!le, bonded debt _________:______________ ____________________

733

CLARK'S HILL DAM-

H. R. 102-Expedite construction, requested ______________________________

246

CONGRESS, REQUESTS TO-

H. R. 74-Provide sale of slash pine______________ --------------------------- 173, 177, 181

H. R. 82-Prohibit importation certain products______________________

186, 196

H. R. 111-Restore cotton to economic importance__________

295

H. R. 189-Urging use of turpentine _____________________________________

665, 678

H. R. 203-Compensate S. F. Sewell ________________________ --------------------

889

DEATH-

H. R. 78-Chief Justice R. B. Russell, Sr.__________________________________

173

DEPARTMENTAL INVESTIGATION-

H. R. 9-Economy committee ___________ ---------------------------------------

81

H. R. 12-Special committee named___________ _

80

State Auditor, report of_____________________ -------------------------------------

117

H. R. 216-CCC Camp, Jasper County___________________________ _

964

EDUCATION-
H. R. 118-Teacher's salaries ------------ ------- ----- ---- -------------------H. R. 176-Federal Aid to Education, Act urged_______________________

776, 781 588, 653

GAME AND FISHH. R. 11-Shad fishing in certain seasons ________ _

---------------- 70, 129, 959

HIGHWAYSH. R. 124-Stone Mountain Memorial Highway______776, 782, 825, 834, 890

INDEX

989

INVITATIONS-

H. R. 145-Milledgeville a-Capella Choir _________ 373, 383, 443, 444, 449, 453

H. R. 217-King George VI to visit Georgia-------------------------------

964

INTERSTATE COMMERCE COMMISSIONH. R. 169-Effectuate uniform rate structures --------------

499, 501

MOTOR VEHICLES-

H. R. 44-License tags, time extended ____________________ 173, 174, 235, 240, 289

H. R. 115-License tags, time extended to February 1st_________

285, 300

PUBLIC WELFAREH. R. 36-Creed for citizens of Georgia ______ 295, 300, 310, 311, 342, 470

TAXESH. R. 22-Certain refunds authorized---------------------- 307, 308, 379, 404, 469

UNIVERSITY OF GEORGIA-

H. R. 185-Souvenirs, F. A. Birchmore, on display _________________

678

U. S. TREASURYH. R. 184-Asked to purchase war materials in Georgia _______

659, 678

W. & A. RAILROAD-

H. R. 167-Committee inspection visit-------------------_____________ ____

473, 478

H. R. 197-Locomotive "General," Kennesaw Park __________ 696, 709, 740, 757

990

INDEX

PART IV.

HOUSE BILLS IN SENATE

AGRICULTURE-
H. B. 68-To regulate purchase of pecans in Georg,ia ___ 344; 346, 515, 518
ALCOHOLIC BEVERAGESH. B. 591-Tax on beer continued ____________________________ 774, 779, 827, 828, 910

AMENDMENTS TO CONSTITUTION-

H. B. 76-Superior Court Judges, extended authority ____ ---------------------------- ________ 221, 226, 378, 380, 918, 936
H. B. 128-Blackshear, refunding bonds __________ 233, 237, 310, 311, 340, 367

H. B. 137-Publication of amendments to Constitution ____________________________________ 279, 296, 460, 462, 959, 961

H. B. 175--Johnson County, Kite school bonds ________________ 315, 316, 377, 381

H. B. 179-Bond issues authorized, political subdivisions ______

315, 316

H. B. 274-Carrollton, bonded debt _____________________________________726, 734, 787, 921

H. B. 309-Nashville, bonded debt ____________________________________ 731, 734, 787, 864

H. B. 359-Fulton County, civil service commission _______ 697, 741, -742, 818

H. B. 404-Grady County, bonded debt -----------------------727, 735, 786, 788, 853 H. B. 420-0cilla, bonded debt ______________________________ 733, 735, 786, 788, 945

H. B. 472-Fulton County, relative to Chief Deputy _____ 663, 668, 704, 813

H. B. 474-Bowdon, bonded debt ________________________________ 731, 735, 787, 788, 851

H. B. 537-Pearson, bonded debt ________________________________520, 521, 553, 554, 680

H. B. 607-Board of Education, loans in certain counties ____________________________________________777, 780, 832, 833, 884, 935

H. B. 623-Tift County, bonded debL-------C------------------727, 735, 786, 788, 859

H. B. 635-Bacon County, refunding bonds ______________________663, 670, 700, 707

H. B. 673-DeKalb County, salary Judge Superior

Court ---------------------------------------------------------- 664, 670, 705, 719, 815

- H. B. 694-Fulton County, Board of Education, bonded

debt --------------------------------------------------------------777, 780, 832, 833, 881

H. B. 720--Reidsville School District, bonded debt _ 728, 736, 786, 788, ~55 H. B. 727-Ray City, bonded debt ____________________________ 732, 737, 787, 788, 862

H. B. 742--Augusta, temporary loans--------------------- .775, 780, 787, 833, 931

APPROPRIATIONSH. B. 346--For State Government _______________________________233, 238, 269, 271, 289 H. B. 759-To reimburse cattle owners ______________________775, 781, 829, 833, 890 H. B. 761-Legislative maintenance --------------------------------- 777, 780, 830, 833
BANKINGH. B. 414-Private bankers, right to charge exchange ________________________ --------------------- __ 775, 778, 827, 829, 918

INDEX

991

BONDS-
H. B. 5-Fiduciaries to invest in school bonds ....138, 142, 283, 286, 419 H. B. 154-McDuffie County, pay premium on
bonds ------------------------------------------------------------ 74, 78, 89, 91, 118 H. B. 361-Douglas, to issue bonds ____________________________ 281, 299, 331, 333, 543
CITIES, CITY CHARTERS-
H. B. 3-Warrenton, charter amended ------------------ 73, 76, 174, 176, 213 H. B. 56-Rockmart, charter amended ______________________ 73, 76, 174, 176, 213 H. B. 61-Rockmart, election city officials _____________ 73, 77, 174, 176, 214 H. B. 69-Rockmart, candidates required to
register ------------------------------------------------------- 74, 77, 174, 176, 214 H. B. 70-Rockmart, opening and closing of polls.. 74, 77, 174, 176, 214 H. B. 72-Dublin, civil service repealed ____________________ 74, 77, 212, 213, 229 H. B. 77-Tifton, sewerage disposal plant______________ 74, 77, 128, 129, 146 H. B. 87-Quitman, additional tax levy__________________ 74, 77, 175, 176, 214 H. B. 91-Macon, certain property condemned _______ 74, 77, 189, 193, 207 H. B. 141-Eastman, charter amended ______________ 74, 77, 495, 496, 522, 604 H. B. 145-Macon, zoning ordinances
authorized _______________________________________ 74, 78, 189, 193, 207, 441
H. B. 186-Athens, civil service commission______________________211, 269, 270, 287
H. B. 211-Jonesboro, zoning ordinances
authorized -------------------------------------------------116, 127, 175, 177, 216 H. B. 212-Douglas, charter amended __________________________ ll6, 127, 174, 177, 216
H. B. 239-Coolidge, charter amended ---------------------- 139, 143, 269, 270, 287 H. B. 257-Mauk, new charter created________________________186, 188, 269, 270, 287 H. B. 260-Wrightsville, charter amended _________________173, 174, 331, 332, 411 H. B. 263-Cordele, new charter_________________________________186, 188, 212, 213, 230
H. B. 265-Athens, pensions to Fire Department____211, 212, 269, 270, 287 H. B. 290-Manchester, charter amended___________________222, 227, 269, 271, 288 H. B. 330-Lakeland, charter amended__________________________________ 267, 268, 461, 463 H. B. 345-Savannah, ch&rter amended ___________281, 308, 330, 332, 411, 454 H. B. 351-Glennville, charter amended ______________________295, 299, 309, 311, 334
H. B. 355-West Point, charter amended ____________________281, 299, 331, 332, 542 H. B. 358-Atlanta, charter amended________________519, 521, 624, 829, 850, 912 H. B. 361-Douglas, charter ameuded _________________________ 281, 299, 331, 333, 543 H. B. 415-Decatur, city limits extended____________________307, 308, 378, 381, 451 H. B. 416-Decatur, city limits extended___________________ 307, 308, 378, 381, 451 H. B. 444-Thomson, charter amended ______________________327, 329, 378, 381, 453
H. B. 447-Canton, name changed from town to city ____________________________________________________327, 329, 460, 463, 508, 626
H. B. 451-Rockdale, duties of clerk defined ___________327, 329, 378, 382, 484 H. B. 454-Thomson, charter amended,
referendum ----------------------------------------- ______227, 330, 378, 382, 453 H. B. 462-Wrightsville, zoning ordinances __________________ 360, 364, 461, 463,484
H. B. 476-Wrightsville, powers of Mayor and Council increased __________________________________________________427, 428, 461, 463, 484

992

INDEX

H. B. 477-Rossville, charter amended_______________________.427, 428, 461, 463, 536
H. B. 485-Edgehill, incorporated ------------------------------361, 364, 461, 463, 507 H. B. 492-Statesboro, zoning ordinances________________.427, 428, 461, 463, 507 H. B. 500-Dublin, charter amended ___________________________.427, 429, 461, 464, 507 H. B. 521-Tifton, charter amended ______________________________________.445, 447, 464, 479 H. B. 523-Fitzgerald, charter amended________________________________445, 447, 464, 485 H. B. 534-Sylvester, salary of Mayor________________________445, 447, 460, 464, 508
H. B. 538-Dublin, election of certain officers_________462, 465, 495, 496, 584 H. B. 539-Dublin, charter amended, powers of
Mayor ---------------------------------------------------------.462, 466, 495, 496, 584 H. B. 545-Jackson, charter amended ________________________.462, 466, 495, 497, 536
H. B. 557-Macon, pensions firemen and policemen.498, 499, 516, 519, 585 H. B. 580-Barnesville, zoning ordinances________________.498, 500, 568, 573, 799 H. B. 616-Sylvester, city limits enlarged__________________________ .498, 500, 648, 711 H. B. 617-Rossville, charter amended ____________.498, 501, 568, 573, 611, 731
H. B. 618-Forest Park, corporate limits extended .499, 501, 648, 650, 806 H. B. 619-Forest Park, zoning ordinances______________A99, 501, 648, 650, 805
H. B. 626-Milledgeville, convey certain property ___549, 556, 590, 593, 711 H. B. 636-Union Point, election of officers ______________ 549, 556, 592, 593, 712 H. B. 644-Dalton, commutation tax ______________________________________ 549, 592, 594, 712 H. B. 645-Tunnel Hill, charter repealed ___________________549, 556, 592, 594, 712 H. B. 646-Dalton, zoning ordinances_________________________ 549, 556, 592, 594, 712 H. B. 650-Elberton, group insurance ______________________549, 557, 592, 594, 712 H. B. 653-East Point, charter amended _____________________________ 727, 736, 797, 836 H. B. 654-Atlanta, Department Public Safety_________________________ 696, 697, 832
H. B. 655-East Point, certain territory annexed ____ 549, 557, 592, 594, 805 H. B. 665-Leslie, elective officers________________________________550, 557, 592, 594, 665 H. B. 669-Hapeville, charter amended_____________________ 665, 670, 740, 742, 801 H. B. 670-Leesburg, charter amended _______________________550, 557, 648, 650, 713
H. B. 672-Thomasville, city authority
created --------------------------------------------550, 557, 592, 595, 745, 848 H. B. 674-A-Eatonton, public school system
amended ------------------------------------------------------550, 557, 704, 707, 806 H. B. 679-Epworth, charter amended _______________________550, 558, 592, 595, 801 H. B. 688-Bowdon, charter amended _________________________550, 558, 592, 595, 655 H. B. 701-Decatur, corporate limits extended ___________________566, 567, 648, 650
H. B. 702-Decatur, corporate limits extended _______566, 567, 648, 650, 802 H. B. 703-Augusta, annual municipal budget _________________________ 566, 567, 673 H. B. 716-Lilburn, charter repealed _________________________617, 619, 673, 676, 804 H. B. 717-Dallas, new charter____________________________________617, 619, 673, 676, 722 H. B. 719-Glennville, charter amended______________________ 617, 620, 673, 676, 771 H. B. 721-Greensboro, new charteL__________________________620, 639, 673, 676, 710 H. B. 733-Snellville, city limits extended __________________617, 620, 784, 790, 872 H. B. 737---~Sugar Hill, incorporated ____________________________617, 620, 673, 676, 803 H. B. 738-Tybee, incorporated _________________________________ 644, 647, 700, 707, 769 H. B. 743-Augusta, temporary loans ______________________ 618, 620, 673, 677, 805

INDEX

993

H. B. 744--Tyrone, charter amended----------------------- 618, 621, 673, 677, 744

H. B. 748-Pine Lake, charter amended ____________________ 618, 621, 673, 677, 807

H. B. 750--VVoodstock, reincorporated __________ 665, 671, 740, 743, 835, 912

H. B. 757-Savannah, city limits extended ____ 644, 647, 793, 797, 835, 849 H. B. 758-0akman, incorporated ________________________________ 664, 671, 715, 740, 771

H. B. 764--Rome, charter amended ----------------- 664, 671, 786, 788, 847, 912

H. B. 768-Twin Lakes, incorporated ___________________________________

733, 737

H. B. 774--Albany, operation of hospitals _______ _____728, 737, 786, 789, 873

H. B. 780--Abbeville, charter amended---------------------- 664, 671, 740, 743, 803

H. B. 782-Decatur, charter amended _________________________ 664, 672, 740, 743, 802

H. B. 785-Doerun, charter amended.---------------------- 665, 672, 784, 791, 873

H. B. 789--Jackson, charter amended _________________________ 728, 738, 786, 789, 873

H. B. 795-Jacksonville, incorporated -----------------------696, 698, 741, 743, 843

H. B. 796-Dahlonega, charter amended ___________ - 696, 698, 784, 791, 874

H. B. 802-Milledgeville, charter amended ______________ 728, 738, 786, 7!1, 874

H. B. 803-Broxton, charter amended _____________________ ---------------- 774, 781, 825

H. B. 807-Rome, charter amended -----------------------------728, 739, 786, 791, 875

H. B. 80S-Augusta, zoning regulations __________________ 732, 739, 786, 791, 875

H. B. 809-Albany, City to sell merchandise ____ --- __________776, 779, 829, 834

H. B. 811-Atlanta, charter amended ________________ 729, 739, 797, 907, 908, 936

H. B. 820-Millen, new charter---------------------- ____________ 775, 779, 824, 834, 881

H. B. 822-Baxley, charter amended _________________ 774, 778, 825, 834, 890, 935

COASTAL WATERVVAYSH. B. 67-Intra-coastal Commission created __________ 233, 237, 317, 322, 957

CODE AMENDMENTS-

H. B. 2-Section 34-1302, elections ____________

_______ 112, 114, 144, 333

H. B. 32-Section 114-413, Paragraph D,

VVorkmen's Compensation ------------ -------- 210, 211, 270, 302
H. B. 33-Section 92-4407, municipal sales for

taxes ---------------------------------------------------------185, 186, 223, 229, 866
H. B. 45-Section 53-208, suit by father or

mother --------------------------------- ----------------- 315, 316, '397, 404, 435

H. B. 53-Title 93, Chapter 93-2, Public Service

H. B. H. B.

Commission -- ----------------------------------- 307' 317, 322, 339, 405 75-Title 46, Chapter 46-1, Section 46-101,
garnishments ---------------------------------- ___________ 186, 187, 377, 380 85-Section 24-1716, ordinaries fees .. 202, 203, 377, 380, 466, 519

H. B. 89-Section 32-1014, reports by county
superintendents _______________________________ 186, 187, 268, 270, 547, 867

H. B. 110-Section 84-104, licenses of pilots,

Brunswick ------------------------------------------------ 222, 226, 269, 270, 449

H. B. 131-Section 105-1306, recovery for

death -------------------------------------------------373, 382, 398, 404, 435, 626
H. B. 133-Section 10-501, relating to auditors ________________ 267, 268, 516, 518

994

INDEX

H. B. 136-Section 42-102, Chief Drug Inspector______ 233, 237, 553, 554, 730

H. B. 159~Section 78-216, Confederate pensions _____ 294, 296, 399, 404, 430

H. B. 160-Section 39-1103, official organ Ben Hill

County -----------------------------------------------------294, 296, 319, 322, 449

H. B. 172-Section 6-012, service of bill of exceptions______________

307, 318

H. B. 209-Section 32-1012, County School

Superintendents ---------------------------------------373, 383, 440, 441, 543 H. B. 219 Section 32-9906, compulsory schoollaw ___662, 666, 785, 789, 867

H. B. 277-Section 92-3701, special tax levy, natural

resources ------------------------------------------------643, 645, 677, 784, 868 H. B. 354-Sections 45-308, 45-310, open hunting

season -------------------------------------643, 646, 703, 708, 744, 758, 837 H. B. 364-Sectio~ 68-502, weight limit motor

vehicles -------------------------------------------------------519, 521, 701, 706, 869 H. B. 436-Section 32-1004, qualification county
superintendents ______________________________777, 778, 829, 832, 920, 948

H. B. 449-Section 12-609, sales by pawnees_____________________________ 697, 827, 907

H. B. 554--Section 32-1601, enumeration of school

children ----------------------------------------------------------------777, 779, 829, 832 H. B. 647-Section 30-107, divorces, Military

Posts ------------------------------------------------------------664, 670, 702, 712, 870

COMMON CARRIERSH. B. 213-Motor vehicles exempt from certain licenses ------------------------------------------------------519, 520, 570, 572, 846

CONVICT LABORH. B, 4--Employment of, authority extended _______ 112, 114, 175, 176, 241

CORPORATIONS-

H. B. 138-Charters, extension and renewal ____________ 279, 283, 313, 348, 370

H. B. 196-To file certain documents ____________________________________________

373, 383

H. B. 280-To define stock.------------------------------------------------------------ 618, 653, 686 H. B. 729-Special taxation _______________________________ 645 647, 702, 707, 709, 871 H. B. 730-Advalorem taxes, how levied ________ 645, 647, 702, 707, 709, 872

COUNTIES, COUNTY MATTERS-

H. B. H. B. H. B. H. B. H. B.

4-Purchase of material for convict labor____ 112, 114, 175, 176, 241 6-Dodge, commissioner to employ clerk ___________ ___ 112, 114, 143, 180
29-Johnson, County Board created ____.112, 114, 129, 191, 193, 197 44-Madison, County Board created _______________ 112, 114, 143, 144, 180 59-Marion, County Board created _________________ 112, 114, 191, 192, 207

H. B. 63-Clinch, bond of sheriff reduced ---------------112, 114, 143, 144, 181

H. B. 84--Brantley, Superior Court terms

changed --------------------------------------------186, 187, 701, 705, 817, 849 H. B. 85--Fees of Ordinaries fixed__________________ 2{)2, 203, 377, 380, 466, 519 H. B. 86-Brantley, Treasurer, amended ________________ 662, 666, 785, 789, 867

INDEX

995

H. B. 88-Johnson, county to pay certain court
costs --------------------------------------------------------112, 114, 143, 144, 193 H. B. 00-Bartow, City Court,
amended________ 113, 115, 399, 404, 537, 546, 586, 626, 640, 644, 655 H. B. 97--Johnson, to maintain school bus routes____ 113, 115, 143, 144, 194 H. B. 99-Brantley, County Board increased__________________497, 499, 554, 583
H. B. 107-Lowndes, candidates for General Assembly to designate opponents_____________________________ 221, 226, 284, 286, 302
H. B. 108-Pulaski, bond of Treasurer reduced________113, 115, 175, 177, 215 H. B. 109-Glynn, surface markers provided for_____ 222, 226, 320, 322, 333 H. B. 114--Union, alimony fees to clerk and sherifL222, 226, 235, 240, 429 H. B. 116--Mclntosh, zoning authorized _________________ 139, 142, 191, 193, 215
H. B. 142-Houston, Treasurer abolished_________________ 280, 296, 320, 323, 449 H. B. 146--Clayton, zoning authorized________________________ 113, 115, 143, 144, 181
H. B. 152-Mclntosh, repeal license livestock
dealers ------------------------------------------------------280, 296, 376, 380, 537 H. B. 153-McDuffie, County Board, creating Act,
amended ---------------------------------------------------- 74, 78, 126, 130, 131 H. B. 154-McDuffie, Ordinary to pay premium on
bonds --------------------------------------------------------- 74, 78, 89, 91, 118 H. B. 155-McDuffie, Clerk of Court and Treasurer
consolidated ----------------------------------- 74, 78, 90, 91, 118, 156 H. B. 156--McDuffie, County Board
created ---------------------------------- 75, 78, 90, 91, 118, 156, 131 H. B. 160--Ben Hill, official county organ________________ 294, 296, 319, 322, 449 H. B. 184--Clarke, Clerk for County Board ________________ 202, 203, 290, 376, 407 H. B. 220--Walker, County Board
created ------------------------------------188, 203, 213, 223, 230, 675, 759 H. B. 221-Walker, County Board, creating Act,
repealed ---------------------------------------------------188, 203, 213, 223, 230
H. B. 236--Schley, Treasurer abolished _______________________ 280, 297, 320, 322, 450
H. B. 247-Early, County Board, Act amended _______ 188, 203, 223, 229, 240 H. B. 251-Bleckley, Treasurer abolished ___________________________ 233, 320, 323, 500 H. B. 255-Glascock, County Board, Act repealed ____________ 172, 174, 191, 193 H. B. 256--Glascock, County Board, created ____________ 172, 174, 191, 193, 206 H. B. 266--Walton, removal obstruction from
streams ----------------------------------------------------------------663, 667, 783, 798 H. B. 272-Peach, Ordinary ex-officio member
County Board -------------------------------------------211, 212, 223, 229, 241 H. B. 279-Glascock, bond of Sheriff reduced ___________ 222, 227, 319, 323, 525 H. B. 281-Camden, Court Clerk, bond reduced _______ 280, 297, 320, 323, 333 H. B. 291-Carroll, Tax Commissioner allowed
expenses ---------------------------------------------------- 326, 329, 399, 404, 470 H. B. 300--Bryan, salary of Treasurer ________________________________ 28J, 297, 331, 483
H. B. 314--Glynn, County Board, Act amended _______ 280, 297, 320, 323, 334
H. B. 320-Laurens, County Board, Act amended ---------------------------------------- __ 280, 298, 320, 323, 391, 439

996

INDEX

H. B. 323-Fulton, County Board, Act amended ______ 280, 298, 319, 323, 450

H. B. 324-Fulton, sewage system

established ------------------------------280, 298, 398, 404, 454, 473, 478 H. B. 326-Fulton, Planning Commission _______________ 280, 298, 310, 311, 334 H. B. 327-Fulton, pensions county employees ____________________281, 298, 319, 451 H. B. 328-Fulton, contract for regulation functions

authorized ------------------------------------------------- 663, 667, 704, 705, 798 H. B. 335-Jeff Davis, compensation Tax

Commissioner ----------------------------------------- 281, 298, 319, 323, 451 H. B. 343-Grady, amend Act, abolishing
Treasurer ------------------------------------------------ 281, 298, 320, 323, 389 H. B. 344-Fannin, County Board, Act amended ___ 617, 618, 648, 649, 798 H. B. 348-Screven, compensation of Treasurer ____ 281, 298, 362, 364, 537 H. B. 350-Madison, County Board, filling
vacancies -------------------- ----------------------------- __ 281, 299, 320, 323, 542 H. B. 360-Chattahoochee, Tax Receiver, Tax Collector,
abolished ---------------------------- _________________ 281, 299, 320, 324, 407

H. B. 362-Paulding, zoning authorized ----------------- _281, 299, 319, 324, 414 H. B. 369-Bryan, County Board, election of chairman __________ 397, 404, 440

H. B. 370-Grady, County Board increased __ 282, 299, 319, 324, 389, 428 H. B. 371-McDuffie, County Board, Act amended __ 345, 346, 376, 381, 451 H. B. 374-Douglas, compensation County
Board ------ ------------------ _________________________ 397, 405, 461, 463, 506 H. B. 427-Bibb, zoning authorized----------- ______________ 663, 667, 704, 706, 798

H. B. 428-Bibb, County Board, duties defined ____ 397, 405, 440, 441, 452 H. B. 439-Chatham, County Board, Act amended __ 360, 363, 376, 381, 452

H. B. 467-Montgomery, County Board, Act amended ____________________________________________361, 364, 495, 496, 536, 560

H. B. 471-Richmond, County Board to regulate

building

. _ __________ ____ __ _ 663, 668, 704, 706, 799

H. B. 473-Fulton, providing for Chief Deputy --- 727, 735, 786, 789, 869 H. B. 495-Fulton, to establish parks __ ------------- ______ 427, 428, 461, 463, 653 H. B. 497-Fulton, fire prevention system _________ ------ 427, 429, 440, 441, 453

H. B. 501-Laurens, County Board, to employ attorney___ 617, 619, 648 H. B. 507-DeKalb, zoning authorized _______________________ 658, 669, 704, 706, 870

H. B. 509-Mclntosh, County Board, Act amended __ 427, 429, 440, 442, 543 H. B. 512-Clayton, County Board, Act amended __ 427, 429, 459, 464, 536 H. B. 517-DeKalb, regulation of buildings, Act

amended ---------------------------------------- ---------- 658, 669, 704, 706, 806 H. B. 519-Harris, County Board, salary increased 438, 442, 459, 464, 507 H. B. 540-Wilcox, depository designated _____497, 499, 673, 676, 711, 837 H. B. 542-Douglas, bond of Treasurer________________________________ 498, 499, 554, 585

H. B. 544-Appling, County Board, Act amended ________________________________________462, 466, 622, 649, 809, 894

H. B. 547-Walton, County Board, Act amended ..438, 442, 459, 464, 508 H. B. 548-Chatham, Pension Board, Act amended _________ 498, 499, 554, 585

INDEX

997

H. B. 556-Walker, hours to keep polls open __________ 658, 669, 701, 707, 806

H. B. 588-Quitman, County Board to make purchases ___498, 500, 554, 585

H. B. 593-Monroe, County Board, annual audits _498, 500, 554, 555, 586

H. B. 600-Berrien, County Physician, how

selected -------------------------------------------------------498, 500, 554, 555, 586 H. B. 608-Glascock, County Board, Clerk

restricted ---------------------------------------------------473, 478, 517, 519, 586 H. B. 622-Murray, County Board, salaries

fixed ----------------------------------- _____________ 548, 556, 592, 593, 687, 731

H. B. 638-Brooks, goats at large prohibited ___________________727, 736, 828, 931

H. B. 640-Baldwin, County Board, election

thereof ------------------------------------------------------ 549, 556, 592, 594, 804

H. B. 651-Colquitt, goats at large prohibited _________727, 736, 783, 789, 870

H. B. 660-Washington, County Board,

compensation ----------------------------------------------549, 557, 592, 594, 804 H. B. 664-Dodge, Treasurer abolished ____________________ 549, 557, 592, 594, 744

H. B. 674-DeKalb, zoning authorized _______________________727, 736, 785, 790, 870

H. B. 675--Wilcox, County Board

created ------------------------------------550, 558, 592, 673, 676, 677, 713 H. B. 687-Long, County Board, Act amended __________550, 558, 592, 595, 744

H. B. 694-Fulton County Board of Education, assume bonded debt _______________________777, 780, 732, 832, 833, 881

H. B. 704-Towns, tax receipts, how issued ______________________ 588, 619, 648, 650

H. B. 711-Dodge, primary elections, regulated ________________ 644, 646, 676, 744

H. B. 728-McDuffie, compensation Justices of

Peace -----------------------------------------------------------728, 737, 782, 790, 871 H. B. 734-Telfair, fees for dieting prisoners ________ 617, 620, 648, 650, 713

H. B. 739-Camden, zoning authorized ______________________ 618, 620, 673, 676, 804

H. B. 756-Gwinnett, County Board, Act
amended ------- ___________________________________________ 664, 671, 704, 708, 805

H. B. 766-DeKalb, fund for teachers _______________________ 728, 737, 785, 790, 872

H. B. 767-DeKalb, civil service for teachers ___________728, 737, 785, 790, 872

H. B. 773-Meriwether, County Board, Clerk

provided -------------- ------------------------------ __ 664, 671, 704, 708, 800

H. B. 775--Barrow, County Board, created------------------------------ 664, 671, 784

H. B. 783-Meriwether, four terms Superior Court

732, 783, 790, 873

H. B. 793-Tattnall, County Board, Act amended 696, 698, 784, 791, 838

H. B. 800-Coffee, Tax Collector, Act repealed ______ 732, 738, 786, 791, 874

H. B. 801-Coffee, Tax Commissioner

re-created ------------------------------------ _____________732, 738, 786, 791, 874

H. B. 805--Coffee, Tax Receiver, Act repealed ______732, 738, 786, 791, 874

COURTS, COURT PROCEDURE-
H. B. 10-Judge to state reason in granting new trials __ 315, 316, 377 H. B. 33-Wrightsville, City Court, juries ___________ 185, 186, 223, 229, 866 H. B. 45--Suit by father or mother ________________________ 315, 31&, 397, 404, 435

998

INDEX

H. B. 50-U. S. Department certificates as
evidence -----------------------------------------------------185, 187, 268, 270, 312 H. B. 73-Dublin Circuit, Solicitor's salary______________ 186, 187, 212, 213, 312 H. B. 74-Criminal Bailiffs, Act repealed__________________________ 186, 187, 446, 583 H. B. 75-Relating to writs, garnishment-___________________________186, 187, 377, 380
H. B. 76-Judges given certain authority in vacation ____________________________________________ 221, 226, 378, 380, 918, 936
H. B. 84-Brantley Superior Court, term time changed ________ 186, 187, 701 H. B. 88-Johnson County, to pay costs in
convictions --------------------------------------------------112, 114, 143, 144, 193 H. B. 90-Bartow City Court, Act
amended________ 113, 115, 399, 404, 537, 546, 586, 626, 640, 644, 655 H. B. 95-Athens City Court, Judge and Solicitor
elective ------------------------------------------------------139, 142, 175, 176, 215 H. B. 103-Houston Superior Court, two terms ______ 202, 203, 224, 229, 240 H. B. 105-Valdosta City Court, reporter
provided -------------------------------------------113, 115, 174, 175, 177, 215 H. B. 114-Union Superior Court, certain fees
to officers ------------------------------------ ____________222, 226, 235, 240, 429 H. B. 121-Divesting tax liens for support of
widows --------------------------------------------------------222, 227, 309, 311, 867 H. B. 122-Depositions in U. S. territorial
possessions ------------------------------------------------233, 237, 330, 332, 957 H. B. 129-Echols, election Judge County Court________________113, 115, 129, 146
H. B. 133-Auditor's fees, reporting evidence-------------------267, 268, 516, 518 H. B. 135-Time limit for intervening in equity cases _____ 233, 237, 330, 332 H. B. 155-McDuffie, Clerk and Treasurer
consolidated -------------------------------------- 74, 78, 90, 91, 118, 130 H. B. 171-Supersedeas upon conviction contempt
of court -------------------------------------------------------294, 297, 377, 380, 867 H. B. 187-Cairo City Court, salary of judge _____________________113, 115, 175, 215 H. B. 204-Dublin City Court, Act amended ___________ 139, 143, 212, 213, 229
H. B. 225-Spaulding, deposit in divorce cases.---------------- 657, 667, 741, 80) H. B. 232-Fees of Clerks, Superior Courts _______________________ 663, 667, 741, 742 H. B. 250--Morgan City Court, Act amended ___________ 211, 212, 224, 229, 241 H. B. 254-Dublin City Court, salary Judge and
Solicitor -------------------------------------------------- __ 295, 297, 425, 426, 584 H. B. 264-Ellaville City Court, abolished ______________ 222, 227, 235, 240, 272 H. B. 270--Fulton, compensation of court
reporters ----------------------------------------------------359, 362, 649, 820, 893 H. B. 282-Columbus City Court, salaries Judge
and Solicitor ----------------------------------------------295, 297, 348, 350, 429 H. B. 307-Atlanta Criminal Court, Act amended __ 222, 227, 309, 311, 334 H. B. 325--Fulton, photographic equipment __.359, 362, 377, 381, 455, 474 H. B. 333-Brunswick Circuit, compensation of
reporter ------------------------------------------------------.360, 363, 377, 381, 799

INDEX

999

H. B. 334-Jeff Davis, term time Superior Court___ 733, 734, 783, 789, 868 H. B. 342-Atlanta Circuit, additional judge _____________644, 646, 741, 742, 795 H. B. 378-Greenville City Court,
established ----------------------------------------295, 299, 623, 649, 684, 837 H. B. 433-Wrightsville City Court, Act amended ___ 373, 383, 425, 426, 483 H. B. 439-Chatham, ex-officio Judges, Act
amended ----------------------- ------------------------ ___360, 363, 376, 381, 452 H. B. 453-Laurens .Superior Court Judge, right
to preside in City Court ___________________________________438, 442, 446, 484 H. B. 475-Ft. Gaines City Court, abolished _____________.462, 465, 477, 478, 522 H. B. 486--Thomas Superior Court, four terms __________________644, 646, 675, 745 H. B. 514-Quitman County Court, Act repealed ___.462, 465, 494, 496, 523 H. B. 520-Macon City Court, Act amended ______________________.438, 442, 446, 479 H. B. 529-Wrightsville City Court, Act
amended -----------------------------------------------------520, 521, 571, 572, 625 H. B. 647-Divorces at military posts _______________________664, 670, 702, 712, 870 H. B. 657-Wilcox Superior Court, three terms ________________ 697, 698, 741, 742 H. B. 673-DeKalb, salary Judge Superior Court ___664, 670, 705, 719, 815 H. B. 683-Nashville City Court, established-------------------- 644, 646, 828, 833 H. B. 747-Colquitt City Court, created __________________ 618, 621, 649, 650, 909 H. B. 754-Coffee Superior Court, four terms --------------------------- 775, 779, 825 H. B. 755---Douglas City Court, Act repealed 728, 737, 825, 833, 944, 959 H. B. 783-Meriwether Superior Court, four terms._________ 732, 783, 790, 873 H. B. 784--Justices and Notaries, compensation,
criminal cases ------------------------------------------665, 672, 702, 708, 760 H. B. 823-Tallapoosa Circuit, fee system
abolished --------------------------------------------------776, 780, 832, 834, 881
DEPARTMENTS-
H. B. 452-Natural Resources, Act amended _____________________________ 644, 646, 783
H. B. 698-Public Welfare, sale of surplus products ------------------------------- ___________ 732, 736, 826, 831, 952, 958
H. B. 760-Public Welfare, appropriation for certain uses --------------------------------------------------------------------- 777, 780, 830, 910
H. B. 621-Department of Purchases re-created ____ 697, 698, 741, 743, 796 H. B. 283-Department of Revenue, tag division limited _______ 643, 645, 795 H. B. 292-Department of Revenue, general inspectors
limited ---------------------- ___ ---------------------- ------------- --------- 643, 645, 795
EDUCATION-
H. B. 89-Reports by County School Superintendents ---------------- _____________ 186, 187, 268, 270, 547, 867
H. B. 97-Johnson to maintain school bus routes____________ l13, 115, 143, 144 H. B. 194------<Schools participate under revenue
certificate law _______________________________ 344, 346, 476, 478, 601, 626 H. B. 209-0ffice for County Superintendents__________ 373, 383, 440, 441, 543

1000

INDEX

H. B. 219-Compulsory school law amended ___ 662, 666, 704, 705, 843, 931

H. B. 316--Dodge, Board of Education, how elected 359, 362, 440, 441, 450

H. B. 322-Tattnall County Board to buy land from prison farm ---------------------- ------- _______ ---- _775, 778, 826, R31, 910

H. B. 346--Payment of interest on school loan ------ 233, 238, 269, 271, 289

H. B. 422-Albany, special school tax____________

360, 363, 378, 381, 452

H. B. 436--Qualification Superintendents in ce1tain counties ____________________________________________ 777, 778, 829, 832, 920, 948

H. B. 491-Fitzgerald not to vote for County

Board ------------------------------------ _

___ 658, 668, 704, 706, 799

H. B. 494-Ben Hill, manner of electing County Board _________________ ________________ ______________

663, 668, 700, 706

H. B. 536--Toccoa Falls Institute to confer degrees 658, 669, 704, 707, 801 H. B. 554-Enumeration of school children ______________________ 777, 779, 829, 832

H. B. 624-Georgia Military College granted land ----------------------------------------- _________________ .727, 735, 787, 788, 947

H. B. 674-A-Eatonton School System, Act

amended ----------------------- ______ ------------ 550, 557, 704, 707, 806

H. B. 695-Lawrenceville, Mayor Ex-officio on

school board ___________________________

566, 567, 648, 650

H. B. 766-DeKalb, fund for teachers _________________ 728, 737, 785, 790, 872

H. B. 767-DeKalb, Civil Service for teachers____ 728, 737, 785, 790, 872

ELECTIONS-

H. B. 2-How and when elections :;.hall be held ________ 112, 114, 144, 333

H. B. 78-Limit campaign expenses certain state

officials ______ __ ______________

____ 186, 187, 234, 240, 682, 769

H. B. 113-Voters in certain counties to sign identification

book ------------------------ ____________________ _

267, 425, 426

H. B. 125-Extend general election penal laws to

primaries

--- ------------

_267, 425, 426, 608

H. B. 197-Registration of voters ___

34~ 316, 425, 426, 450

GAME AND FISH-

H. B. 284-Prohibit trapping of fox in certain

counties --------

--- 657, 667, 703, 708, 771

H. B. 352-Prohibit possession, spawning crabs 727, 734, 783, 789, 958

H. B. 354-0pen season for hunting in certain

territory

___ 643, 646, 703, 708, 744, 758, 837

H. B. 576--Regulate trapping in certain counties 727, 735, 783, 789, 870 H. B. 611-Provision for fishing, Fannin County __ 658, 67D, 703, 709, 804

H. B. 745-Provision for fishing, Butts, Henry, Newton __________________________

658, 670, 703, 709, 802

GENERAL ASSEMBLYH. B. 761-Legislative Department maintenance __________ 777, 780, 830, 833

INDEX

1001

GEORGIA MILITARY COLLEGE-
H. B. 624-Certain lands granted____ ---------------------- _____ 727, 735, 787, 788, 947 H. B. 625-Enlarge powers of trustees______________________663, 670, 704, 707, 747
HIGHWAYS, HIGHWAY DEPARTMENT-
H. B. 16-Transfer functions of licensing board ----------------------------------------172, 400, 404, 471, 591, 595, 651
H. B. 218-Highway Patrol, Act amended________________373, 383, 459, 476, 730 H. B. 235-Allocate funds motor licenses__________________ 415, 428, 440, 495, 560 H. B. 469-Purchase of bridges, authorized ___________ 644, 646, 674, 675, 869 H. B. 478-Distribution of fund, state contracts______ 776, 778, 825, 832, 911 H. B. 600-Expenditure of funds authorized ____________695, 698, 702, 742, 794

HIGHWAY MILEAGE-
H. B. 286-Hart County, road added.. ________________________ 727, 734, 821, 825, 869 H. B. 301-Evans County, road added_______________________ 663, 667, 701, 705, 759
H. B. 301-Tattnall County, road added-------------------- 663, 667, 701, 705, 759
H. B. 301-Liberty County, road added -------------------- 663, 667, 701, 705, 759 H. B. 677-Cherokee County, road added__________________ 775, 781, 825, 833, 922 H. B. 677-Dawson County, road added _____________________ 775, 781, 825, 833, 922 H. B. 677-Forsyth County, road added______________________ 775, 781, 825, 833, 922

HOMESTEADSH. B. 35-Exemptions, Act amended___________ 69, 70, 88, H. B. 112----Exemptions, when filed--------------------------------------------

91, 333, 335 222, 226

INSURANCEH. B. 258-Title Insurance defined __________________________ ..733, 734, 784, 789, 868

INVESTIGATING COMMITTEEH. B. 681-Economy Committee created ------------------------------------ 777, 780, 830
JUNK DEALERS-
H. B. 276-Solicitation restricted --------------------------------733, 734, 783, 789, 868
LAND TITLESH. B. 34-Registration and transfer, Act repealed ------------------------------------------ 69, 70, 91, 340, 348, 355
LIVESTOCKH. B. 347-Goats at large prohibited in Screven __ 360, 363, 515, 518, 584 H. B. 372----Goats at large prohibited in Montgomery ----------------------------------------------360, 363, 515, 518, 584 H. B. 407-Hog cholera serum, purchase ___________________ 777, 778, 827, 830, 954 H. B. 571-Goats at large prohibited in Toombs ___ 658, 669, 703, 709, 800 H. B. 606-Goats at large prohibited in Coffee _______ 658, 669, 703, 709, 800 H. B. 759-Appropriation to reimburse cattle owners ------------------------------------------------------775, 781, 829, 833, 890

1002

INDEX

MARINE PILOTSH. B. 110-Port of Brunswick, license of pilots ........222, 226, 269, 270, 449
MEMORIALH. B. 693-Screamer Mountain designated "Bleckley" -----------------------------------------------728, 736, 783, 790, 889
MILK CONTROLH. B. 181-Change in price, Board to give notice --------------------------------------------------------327, 329, 553, 554, 608
H. B. 181-Control Board increased. __________________________327, 329, 553, 554,. 608
OFFICIAL TIMEH. B 174--Eastern Standard to be adopted ..______________ 303, 307, 459, 462, 626
PAWN BROKERSH. B. 449-Regulate certain sales _______________________________________________ 697, 827, 907
MOTOR VEHICLESH. B. 213-Exemption from certain licenses.___ ------------- 519, 520, 572, 846 H. B. 235-License fees, to allocate funds. _______________________ 415, 428, 440, 56) H. B. 283-Employees, Tag Division limited.________________ ---------- 643, 645, 795 H. B. 364--Weight limit, certain vehicles ________________ 519, 521, 701, 706, 869
PENALH. B. 23-Prescribe felony penalties, repeal, certain exceptions -------------------------------------------- 211, 515, 518, 866 H. B. 322-To sell lands at Tattnall Prison _______________ 775, 778, 826, 831, 910 H. B. 734--Fees for dieting prisoners, Telfair ..________ 617, 620, 648, 650, 713
PENSIONSH. B. 159-Increase Confederate pensions _______________ 294, 296, 399, 404, 430 H. B. 327-Fulton County employees_________________________ 281, 298, 319, 323, 451 H. B. 548-Chatham pension board, Act amended.___________ 498, 499, 554, 585 H. B. 557-Macon, firemen and policemen________________ 498, 499, 516, 519, 585 H. B. 637-State division of records, to create ____________619, 639, 680, 699, 721, 797, 820, 844, 849 H. B. 718-Albany, city employees ______________________________617, 619, 673, 676, 803
PROPERTYH. B. 162-Regulating property of deceased----------------- 315, 316, 516, 518
PUBLIC SERVICE COMMISSIONH. B. 53-Method of suspension amended---------- ___307, 317, 322, 339, 405
STOCKS AND CERTIFICATESH. B. 280-Transfers in corporations, to regulate -------------------------------------------618, 639, 653, 674, 686, 731

,.

INDEX

1003

STATE EMPLOYEESH. B. 446-Salary reductions ____ 774, 777, 826, 830, 891, 935, 943, 961, 962

TAXES-

H. B. 8-General Tax Act, certain merchants

exempt ------------------------------------------------------138, 142, 330, 332, 430

H. B. 33-Municipal sales for taxes __________________________ 185, 186, 223, 329, 866

H. B. 87-Quitman, to make certain levy______________ 74, 77, 175, 176, 214

H. B. 121-Divesting liens for support of widows __ 222, 227, 309, 311, 867

H. B. 124-Situs intangible property _______________643, 645, 815, 826, 840, 948

H. B. 231-Income Tax Law, amended _________________________________________

519, 521

H. B. 242~Chain Store tax, increased ________________________397, 404, 699, 717, 718

H. B. 277-Natural resources, levy in certain

counties ------------------------------------------------------643, 645, 677, 784, 868
H. B. 422--Albany, school taxes __________________________________360, 363, 378, 381, 452
H. B. 444-Thomson, street tax prohibited________________327, 329, 378, 381, 453
H. B. 454-Thomson, referendum on street tax ________327, 330, 378, 382, 453 H. B. 578-Belton, ad valorem tax _____________________________498, 500, 568, 572, 711
H. B. 591--Present beer tax tax to continue ____________ 774, 779, 827, 838, 910 H. B. 644-Dalton, commutation tax abolished _______________ 549, 556, 594, 712 H. B. 729-Corporations, special taxes _____________645, 647, 702, 707, 709, 871 H. B. 730-Ad valorem on property__________________________ 1545, 647, 702, 707, 872 H. B. 810-General Tax Act, amended _______________________775, 779, 826, 889, 910

TAX OFFICIALS-
H. B. 240-Schley, Collector and Receiver
abolished ---------------------------------------------------280, 297, 320, 322, 450
H. B. 291-Carroll, Commissioner allowed expenses 326, 329, 399, 404, 470 H. B. 335-Jeff Davis, compensation of
Commissioner ----------------------- ___________________281, 298, 319, 323, 451
H. B. 360-Chattahoochee, Collector and Receiver
abolished ------------------------------------------------------------ 281, 299, 320, 324
H. B. 417-Talbot, Collector and Receiver
abolished ________________________________ 345, 346, 362, 364, 372, 460, 506
H. B. 430-Grady, Commissioner given rights of Sheriff ______ 657, 668, 786 H. B. 437-Columbia, Collector and Receiver
abolished ----------------------------------------------------360, 363, 376, 381, 452
H. B. 457-Monroe, compensation of
Commissioner --------------------------------------------397, 405, 459, 463, 506
H. B. 493-Bullock, Commissioner given powers of Sheriff____ 658, 668, 703 H. B. 614-Murray, Collector and Receiver, Act
amended ___________________________________________548, 555, 592, 593, 687, 731
H. B. 704-Towns, Collector's receipts, how issued ___ 588, 619, 648, 650, 871 H. B. 712-Brantley, compensation of
Commissioner --------------------------------------------617, 619, 785, 790, 871
H. B. 781-Talbot, Commissioner, Act amended _____ 664, 672, 704, 708, 806

1004

INDEX

H. B. 787-Putnam, Tax Commissioner created______ 732, 738, 786, 791, 873 H. B. 800--Coffee, Collector, Act repealed ________________ 732, 738, 786, 791, 874 H. B. 801-Coffee, Tax Commissioner, created________ 732, 738, 786, 791, 874 H. B. 805-Coffee, Receiver, Act repealed_______________ 732, 738, 786, 791, 874

UNEMPLOYMENT COMPENSATION-
H. B. 32-Paragraph D, fixing compensation, commended ------------------------------------------------------- 210, 211, 270, 302
H. B. 49-Unemployment law amended____326. 329, 545, 569, 628, 730, 765,849