Journal of the Senate of the State of Georgia of the regular session of the General Assembly commenced at Atlanta, Thursday, January 23, 1941

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
OF THE
'l.,EN DA.YS SESSION
AT THE
GENER.AL ~\SSEl\fBLY
Commenced at Atlanta, lionday, January 13, Hl41
SOUTHERN PRINTERS AMERICUS, GA.

OFFICERS
OF THE
STATE SENATE
TERM
1941-1942
CHARLES D. REDWINE, 26th District ............. President
fAYETTE CouNTY
H. B. EDWARDS, 6th District ............. Pre~ident Pro T em.
LowNDES CouNTY
LINDLEY W. CAMP ............................. Secretary
FuLTON CouNTY
HENRY W. NEVIN ..................... Assistaut Secretary
WHITFIELD CoUNTY
FRED McDUFFIE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Messenger
TELFAIR CouNTY
A. PERRY GRIFFIN ........................... Doorkeeper
DEKALB CouNTY

JOURNAL
(TEN-DAYS SESSION)
:VIonday, .January 13, 1941
FIRST DAY
Senate Chamber, Atlanta, Georgia,
Monday, January 13, 1941.
The Senators-elect of the GenPral Assembly of Georgia for the years 1941-1942 met pursuant to Jaw in the Senate Chamber at 10 o'clock A. lVL this day a~-:d were called to order by Honorable Henry W. Nevin of Whitfield County, Assistant-Secretary of the Senate.
At the suggestion of the Assistant-Secretary, the Senate !)aused in its deliberations for one minute out of respect to the memory of the late John W. Hammond, former Secretary of the Senate.
The invocation was offered by Rev. G. C. Burtz of Fayetteville, Ga.
The following communication from the Honorable .John B. Wilson, Secretary of State, certifying the Senators-elect in the general election of 1940, was received and read:
State of Georgia Department of State
John B. Wilson, Secretary of State
Atlanta
.January 13, 1941.
Secretary of the Senate,
State Capitol,
Atlanta, Georgia.
Dear Sir: I am transmitting- herewith the names of the Senators elected i_n the gen-
eral election held November 5, 1940, to represent the various Senatorial Districts in the State of Georgia as the same appear from the consolida.ted 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 Burke County, Georgia for State Senator for the .17th Senatorial District and the consolidation of votes in a special election held in

JOURNAL OF THE SENATE,
Bulloch County, Georgia, for State Senator for the 49th Senatorial District for an unexpired term.
Very truly yours, John B. wilson Secretary of State.

State of Georgia Department of State John B. Wilson, Secretary of State
Atlanta

Sl.'cretary of 'the Senate,
State Capitol,
Atlanta, Georgia.
Dear Sir:
I hereby certify that a special election was held in Burke County, Georgia, on the 8th day of January, 1941, for the purpose of electing a State Senator "for the 17th Senatorial District, and that the consolidated returns of said special election, which are of file in this office, show the following result:
For State Senator of 17th Senatorial District of Georgia for the term 1fl41-1 B42, the term for which Honorable 0. Milledge Gresham was elected Senator for said District at the General Election held on Novt>mber 5, 1940 and filed with the Executive Department of Georgia an affidavit disclaimin~ any right, title or interest in said office and made public declaration that h( will refuse and decline to qualify or serve as senator for said 17th Senatorial District which disclaimer was accepted by his excellency, Ron. E. D. Rivers, Governor of State of Georgia by appropriate order dated Dec. 12, 1U40:

J. Jones Bal'geron received_--------------------------- 820 votes W. Davis Carswell received ___ ---------- .. - .. ____________ 401 votes

Given under my hand and official seal this lOth day of Janual'y, 1941.

(Seal)

John B. Wilson, Secretary of State.

MONDAY, JANUARY 13, 1941

7

State of Georgia Department of State John B. Wilson, Secretary of State
Atlanta

Secre.tary of the Senate,
State Capitol,
Atlanta, Georgia.
Dear Sir:
I hereby certify that a special election was held in Bulloch County, Georgia, on the 21st day of August, 1940, for the purpose of electing a State Senator for the 49th Senatorial District for an unexpired term, and that the consolidated returns of said special election, which are of file in this office, show the following result:

For State Senator for the 49th Senatorial District: Robert F. Donaldson, Jr. received______________________240 votes

Given under my hand and official seal this 7th day of January, 1941.

John B. Wilson,

(Seal)

Secretary of State.

State of Georgia

Office of Secretary of State

I, John B. Wilson, Secretary of State of the State of Georgia, do hereby certify that the one page of typewritten matter hereto attached contains a true and correct list of the Members of the Senate of the General Assembly of the State of Georgia elected in the general election held the fifth day of November, 1940, as thP 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 distl'ict.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at be Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-one and of the Independence of the United States of America the One Hundred and Sixtyfifth.
John B. Wilson,

(Seal)

Secretary of State.

8

JOURNAL OF THE SENATE,

STATE SENATORS - 1!l41-1942

1. c. T. Guyton
2. Mrs. Helen Coxon
3. Dr. S. w. Martin
4. Homer Edenfield 5. A. L. Barnhill
6. H. B. Edwards
7. J. L. Pilcher
8. J. A. D1ake !J. Benton Odom, Jr.
10. Dr. Gordon s. Sumner 11. John c. Foster
12. D. G. Bland
13. Cooper Bradley
14. L. c. Ragan
15. A. L. Mosely 1(i, J. H. Rowland
17. J. Jones Bargeron
18. Wilmer D. Lanier
19. J. B. Park
20. Marvin L. Gross
21. Allen w. Daughtry
22. E. 0. Dobbs
2:3. E. s. Harrison
24. H. Dixon Smith
25. John H. McGehee
26. Charles D. Redwine

27. Ed L. Almand
28. J. 0. Wall
2!l. Reuben Burnside
30. T. s. Mason
ill. George A. Adams
32. A. L. Dorsey
33. Floyd Lewallen
34. R. P. Campbell
35. Ernest Smith
3G. 0. w. Hill
37. H. w. Striplin
as. Cecil D. Franklin
39. Dr. G. N. Coker 40. R. E. Cannon
41. C. w. Kiker
42. Hiles Hamilton
4:3. R. Noel Steed
44. J. H. Clark
45. John K. Whaley
46. J. H. Milhollin
47. E. w. Garner
48. Kelley Holt
49. J. D. Kirkland
50. Ben w. Fortson, .Tr. fil. John c. Houston fi2. Hugh c. Couch

The Senators-elect presented themselves at the Secretary's desk as their dist1icts and names were called, where Justice S. C. Atkinson of the Supreme Court of Georgia administered to them the oath of office.
Senators Clark of the 44th, Dorsey of the 32nd, and Hill of the 36th, being absent due to illness, were not administered the oath of office on this date.
The Assistant-Secretary announced that the next order of business was the election of a President of the Senate.
Senator McGehee of the 2:ith nominated Honorable Charles D. Redwine, the Senator from the 26th. The nomination was seconded by Senator Parlr of the 19th, Senator Coxon of the 2nd, Senato1 Edenfield of the 4th, Senator

MONDAY, JANUARY 13, 1941

9

Houston of the fi 1st, Senator Edwards of the 6th, Senator :Wason of the !20th, and upon motion of Se~ator \Vall of the 28th, the nominations were closed.
Senator \Vall of the 28th asked unanimous consent that the call of tne roll be dispensed with and the Assistant-Secretary be instructed to cast the unanimous vote of the Senate for Honorable Charles D. Redwine as Presiciem. The consent was g-ranted and the Assistant-Secretary declared Senator Redw;ne elected by unanimous vote of the Senate.
The Assistant-Secretary appointed as a committee to escort the PresirlPntr:]e(c( to the President's stand: Senator McGehee of the 25th, Senator Park of the 19th, and Senator Coxon of the 2nd.
Upon being presented to the Senate by the Assistant-Secretary, the President addressed the members in appreciation of his election as presiding officer.
Senator Lanier of the 18th presented a g-ravel to President Redkine, the gife of former Senator McWhorter of the 19th, which the President accepted with thanks.
The next order of business being the election of a Secretary of the Senate, Senator Couch of the 52nd nominated Honorable Lindley IV. Camp of Fulton County. The nomination was seconded by Senator "Whaley of the 45th, Senator Steed of the 43rd, and Senator McGehee of the 25th. Se~ator Edwards of the 6th moved that the nominations be closed and the motion prevailed. Senator Edwards then asked unanimous consent to dispense with the call of the roll and instruct the Assistant-Secretary to cast the una~1imous vote of the Senate for Mr. Camp, and the consent was gTanted.
The President declared Mr. Camp elected Secretary by unanimous vote of the Senate.
The President appointed as a committee to locate and escort the Secretaryelect to his desk, the following: Senators Couch of the 52nd, Steed of the 43rd, and Edwards of the 6th.
Upon being presented to the members by the President, the Secretary addressed i;he Senate, expressing- his appreciation of the honor conferred upon him.
The next order of business being the election of a President pro tempore of the Senate, Senator Lanier of the 18th nominated Honorable H. B. Edwards, Senator of the 6th. The nomination was seconded by Senators Franklin of the 38th, Bradley of the 13th, Park of the 19th, and Kiker of the 41st. Senato1: Couch of the 52nd moved that the nominations be closed and the motion prevailed. Senator Couch then asked unanimous consent that the call of the roll be dispensed with and the Secretary be instructed to cast the unanimous vote of the Senate for Senator Edwards as President ~ro tempore. The consent was granted and the President declared Senator Edwards duly elected

10

JOURNAL OF THE SENATE,

President pro tempore by unanimous vote of the Senate.
The President appointed as a committee to find and escort Senator Edwards to the President's stand the following Senators: Senator Lanier of the 18~i-,, Senator Franklin of the 38th, and Se!lator Mason of the 30th.
The President presented the President pro tempore to the members of the Senat:) and he responded with expressions of appreciation for the honor he had received.
The following resolutions of the Senate were read and adopted: By Senator Edenfield of the 4th:
Senate Resolution No. 1. 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 Charles D. Redwine of the 2Gth as President, Honorable Lindley W. Camp of Fulton county as Secretary, and Honorable H. B. Edwards of the Gth as President pro tempore, and is reac!y for the transaction of business.
By Senator Edenfield of the 4th:
Senate Resolution No. 2. A resolution providing for a joint committee of two from the Senate and three from the House of Representatives, to be appointed by the President and Speaker, respectively, to notify the Governor that the General Assembly has convened, organized and is ready for the transaction of business.
The President appointed as a committee on the part of the Senate, under the above resolution, Senator Kirkland of the 49th, and Senator Milhollin of the 4Gth.
By Senator Edenfield of the 4th:
Senate Resolution No. 3. A resolution providing for a joint session of the Senate and House of Representatives at 10:30 o'clock Tuesday morning, January 14, 1941, for the purpose of canvassing and publishing the elec~ion returns, as provided by law.
By Senator Edenfield of the 4th:
Senate Resolution No. 4. A resolution providing for a joint session of the Senate and House of Representatives at 11 :30 o'clock Tuesday morning, January 14, 1941, at the Washington Street entrance of the State Capitol, for the purpose of inaugurating the Governor.
By Senator Edenfield of the 4th:
Senate Resolution No. 5. A resolution providing for a joint committee of two from the Senate and three from the House of Representatives, to be appointed by the President and Speaker, respectively, to arrange for the inauguration ceremonies of the Governor.

MONDAY, JANUARY 13, 1941

11

The President named as a committee on the part of the Senate, under the above resolution, Senator Park of the 19th, and Senator McGehee, of the 25th.
By Senator Edenfield of the 4th:
Senate Resolution No. G. A resolution to limit and re~ulate the number of attaches of the Senate for the 1941-1942 sessions, in accordance with past custom.
By Senator Edenfield of the 4th:
Senate Resolution No. 7. A resolution adopting the rules of the 1939-1940 session of the Senate as the rules for the 1941-1942 sessions. By Senator Campbell of the 34th:
Senate Resolution No. 8. A resolution allowing certain Senators, who, for physical reasons or for parliamentary reasons in conducting the business of the Senate, need special seats in the Senate chamber, to select their seats in advance of the usual drawing procedure.
The following privileged resolution was read and adopted:
By Senator Campbell of the 34th District

A RESOLUTION
wHEREAS, Honorable James H. Clark, Senator-elect from the 44th is now ill and confined to the hospital and,
WHEREAS, This body regrets his inability to attend the opening clay's session of the 1941 Georgia Senate,
X()W THEREFORE BE IT RESOLVED, tha.t the President of the Senate ~,_ppoint a committe'e to go to the hospital, accompanied by Justice Samuel C. r\ tkinson of the G2o!gia Supreme Court, and administer the oath of office ;;o the Senator from the 44th.
The President appointed as a committee under the above resolution, Senators Campbell of the 34th, Steed of the 43rd, Kirkland of the 49th, Lanier of tile 18th, Milhollin of the 46th, Hamilton of the 42nd, and McGehee of the 25th.
The President announced that the next order of business was the election of doorkeeper of the St:nate. Senator Campbell of the 34th nominated the Honorable A. Perry Griffin of DeKalb county. The nomination was seconded by Senators Bland of the 12th and Ragan of the 14th. Senator Houston of the 51st moved t;1at the nominations be closed. The motion !Jrevailecl and Senator Houston asked unanimous consent to dispense with the call of the roll and instruct the Secretary of the Senate to cast the unanimous vote of the

12

JOURNAL OF THE SENATE,

membership for Mr. Griffin as doorkeeper. The con~ent wag granted and the President decland :v.Ir. Griffin duly e!ected as doo1keeper by unanimous vote of the Senate.

The President presented Mr. Griffin to the members, ~\ho expressed his appreciation for being elected to t:1is post.

The next order of business be:ng the election of n messenger of the Senate, Senator Edwards of the 6th nominated the Honorable Fred :;,VlcDuffie of Telfair county. Senator Dobbs of the 22nd nominated the Honorable Homer Bloodworth of Pike county. Senator Park of the 19th seconded the nomination of Mr. Bloodworth. Senator Wall of the 28th seconded the nomination of Mr. Bloodworth. Senator Eden.:'ield of the 4th seconded the nomination of Mr. McDuffie. Senator Burnside of the 29th seconded the nomination of Mr. McDuffie. Senator Cannon of the 40th seconded the nomination of Mr. McDuffie. Senator McGehee of the 25th seconded the nomination of :v.Ir. Bloodworth. Senator Houston of the 51st moved that the nominations be closed and the motion prevailed.

The roll was called and the vote was as fo!lows:

Those voting for Mr. McDuffie were Senators:

Adam!l Almand Bland Bradley Burnside Campbell Cannon Coke1 Couch Daughhy Drake Edenfield

Edwards Foster Franklin Garner Guyton Hamilton Holt Houston Kiker Kirkland Lanier Lewallen

Mason Milhollin Mosley Odom Ragan Rowland Smith, 24th Steed Striplin Sumner Whaley

Those voting for Mr. Bloodworth were Senators:

Bargeron Barnhill Coxon Dobbs

Fort..<>on Gross Harrison Martin McGehee

Park Pilcher Smith, 35th Wall

The roll call was verified.

Senator Park of the 19th moved that Mr. McDuffie be declared elected messenger by unanimous vote of the Senate and the motion prevailed.

The President declared Mr. McDuffie duly elected messenger of the Senate.

MONDAY, JANUARY 13, 1941

13

The President later administered the oath of office to lion. Lindley W. Camp as Secretary of the Senate and to Ho:-~. Henry IV. Nevin as AssistantSecretary, and ordered that a record of same be duly incor!)oratcd into the J omnal.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House h'$ organized by the election of Honorable Randall Evans Jr, of McDuffie. a~ Speaker, and Honomble Joe BooYJe of Wilkinson, as Clerk and is ready for the transaction of business.
The follo,wing message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the Senate towit:
By Senator Edenfield of the 4th:
S. R. No. 2. Appointing a committee to notify the Governor that the General Assembly has convened.
The Speaker has appointed as a committee on the part of the House the following members of the House to-wit:
l\iessers:
Lovett of Laurens,
Bentley of Upson,
Walker of Grady.
By Senator Edenfield of the 4th: S. R. No. :l. Providing a joint session for the purpose of canvassing elections and their returns.
By Senator Edenfield of the 4th: S. R. No. 4. Providing for the inauguration of the Governor.
By Senator Edenfield of the 4th: S. R. No. 5. A resolution providing for appointment of a committee to arrange for the inauguration ceremonies of the Governor. The Speaker has appointed as a committee on the part of the House the following members to-wit;

14

JOURNAL OF THE SENATE,

Messers:
Smith of Carroll,
Wren of Glascock
Guerry of Macon.
At this time the Senators retired from the Senate Chamber for the drawing t.o be held in selecting their seats, except those Senators previously authorized by resolution to select their seats in advance.
As the names of the Senators were called by the Secretary, the members re-entered the Senate Chamber and selected their seats.
Senator Kirkland of the 49th, acting in behalf of the Senate committee appointed to notify the Governor that the General Assembly had convened, organized and ~'as ready for the transaction of business, reported that the committee had discharged its duties and had so notified the Governor.
A communication was read advising the President of the illness of Senator Dorsey of the 32nd, stating that it would be two or three days before the Senator would be able to take his seat in the Senate.
The President announced that he also had heard from Senator Hill of the 36th and that he was confined to his home with illness.
Senator Martin of the 3rd asked for leave of absence for two or three days due to illness and the leave was granted.
Senatot Cannon of the 40th 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, JANUARY 14, 1941

15

Senate Chamber, Atlant~, Georgia,

Tuesday, January 14, 1941.

The Senate met purBuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by Rev. Paul A. Turner, Pastor of the Trinity Methodist Church of Atlanta.
The roll was called and the following Senators answered to their names:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Coker Couch Coxon Daughtry Dobbs Drake Edenfield Edwards

Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen :Martin
Ma~on

McGehee Milhollin Moseley Odom Park Pilcher Ragan Ro,wland Smith Smith Steed Striplin Sumner Wall Whaley Mr. President

The following privileged resolution was read and adopted:

A RESOLUTION
By Senator E.denfield of the 4th; Senator Edwards of the 6th:
\Vhereas, Honorable Dan Kelly, State Senator from the state of Florida
ir
IS now a visitor in our state; and,
Whereas, Honorable Dan Kelly is one of the distinguished law makers of our neighboring state of Florida; and.
Whereas, the said Honorable Dan Kelly introduced and passed a resolution in the General Assembly of Florida inviting our Governor, Hon. Eugene Talmadge, to address a joint session of the General Assembly of Florida, which invitation was accepted by Governor Talmadge;
Therefore, be it resolved by the State Senate that Honorable Dan Kelly be all01wed the privileges of the floor of the Senate and invited to attend the inauguration of Governor Talmadge.

16

JOURNAL OF THE SENATE,

The following privileged resolution was read and adopted:
By Senator Kirkland of the 49th. A resolution extending the privileges of the floor to :\1r. and }irs. K. S. Youmans of Metter, Ga., and :\1rs. Dr. E. N. Rcome, of Atlanta, Georgia.
At this time, Justice Samuel C. Atkinson, of the Supreme Coutt of Georgia, administerd the oath of office to Senator 0. W. Hill of the 36th.

Senator Edenfield of the 4th asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.

The confirmation of the Journal was carried over as unfinished business, as ;tte Committee on Journals had not been named by the President.

Senator Gross of the 20th asked leave of absence for one day due to important business, and the leave was granted.

The hour of convening the joint session of the Senate and House having arrived, the President, accompanied by the Secretaty and Senators, proceeded to the Hall of the House of Representatives, and the joint session, called for the purpose of canvassing and publishing the vote of the general election of 1940, and declaring the results thereof for Governor and other State House officers, was called to order by the President.

The resolution authorizing the joint session of the Senate and House was read by the Secretary of the Senate.
Mr. Culpepper of Fayette moved that the President ap!)oint a committee of five tellers to canvass the returns from the last general election and to report back to the joint session. The motion !1rcva iled and the President appointed the follOI"ing:

Messrs. Rogers of Floyd, Hooks of Emanuel, Yawn of Dodge, on the part of the House.
Senators Hill of the 36th, and Campbell of the 34th, on the part of the Senate.
Senator Campbell of the 84th, acting as Chairman of the Teller's Committee, submitted the following report:
January 14, 1!141.
To the General Assembly of Georgia in Joint Session:

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

For Governor: Eugene Talmadge ----------------------------For Governor: J. L. N. Boyd -----------------------------------For Governor: Eugene Talmadge ___________________________ _
For Governov: Joseph ::vr. Wallace -----------------------------

267,1'74 R75
22,303 !'!96

TUESDAY, JANUARY 14, 1941

17

For Secretary of State: John B. Wilson ------------------------ _ For Treasurer: George B. Hamilton ------------------------- --For Treasurer: E. 0. Jolley ------------------------------ __ _ For Attorney General: Ellis G. Arnall -------------------- _____ _ For Attorney General: R. E. L. Whitworth ----------------------For Comptroller General: Homer C. Parker -------------------For Comptrol!er General: R. H. Lee --------------------------

269,549 269,6'05
857 269,610
854 267,704
8-i<l

We recommend that the candidates above named who have received a majority of the votes, be and they are hereby declared elected to their 1espective offices.
Respectfully submitted, .

On the part of the Senate:

On the part of the House:

Campbell of the 34th,

Rogers of Floyd,

Hill of the 36th.

Hooks of Emanuel,

Yawn of Dodge. The report of the Committee was adopted.

Mr. Culpepper of Fayette moved that the President ap9oint a committee of three from the Senate and five from the House to escort the Governor to the inaugUlal stand for the inauguration ceremonies.

The motion prevailed and the Prrsident ap!)ointed Senators Whaley of the 45th, Edenfield of the 4th, and Kirkland of the 49th, on the !Jart of the Senate, and Representatives Rowland -of Johnson, Anderson of \Vayne, Chastain of Thomas, WohJ.wender of Muscogee, and Wells of Telfair, on the part of the House.

Mr. Culpepper of Fayeflte 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.

Senator Edenfield of the 4th moved that the Senate stand automatically adjourned at the completion of the inauguration exercises until 10 o'clock Wednesday morning. The motion prevailed.

The h<mr of convening the joint session of the Senate and House to inaugurate the Governor having arrived, the President, accomnanied by the Secretary and Senators, proceeded to the Washhgton Street entrance of the State Capitol, where the following inaugural exercises were carried out, in pursuance with the official program compiled by the Committee on Arrangements:
Program of
Inaug-uration of Governor-Elect Eugene Talmadge
Tuesday, January 14, 1941, 12 Noon, Central Standard Time

18

JOURNAL OF THE SENATE,

1. Joint Session of the General Assembly in Hall of House of Representatives. (At hour to be fixed by them prior to inauguration.)
2. Appointment of Joint Committee of General Assembly to notify Governor-Elect Eugene Talmadge and escort him to inaugural platform on Washington Street entrance of State Capitol.
3. Invocation by the Reverend A. E. Woodle, Pastor Baptist Church, McRae, Georgia.
4. Delivery of Great Seal of State by Honorable John B. Wilson. Secretary of State of Georgia to Governor E. D. Rivers, who b turn delivers it to Governor-Elect Eugene Ta!madge, who re-delivers it to Secretary of State.
5. Administering of Oath of Office by Chief Justice Charles S. Reid of the Supreme Court of Georgia.
6. Inaugural address by Governor Eugene Talmadge.
7. Administering Oath of Office to:
Honorable John B. Wilson, Secretary of State
Honorable Ellis Arnall, Attorney General
Honorable Homer Parker, Comptroller General
Honorable George Hamilton, State Treasurer
Hoaorable M. D. Collins, Superintendent of Schools
Entrance to the inaugural platform '\\ill be in the following order:
1. Governor E. D. Rivers with Adjutant General Marion Williamson.
2. Governor-Elect Eugene Talmadge with Joint Legislative Committee and Adjutant General Designee Lt. Col. Sion Hawkins. Mrs. Eugene Talmadge, Mr. Herman Talmadge, Mr. aYJd Mrs. Charles Smyly, Mr. and :\'Irs. William H. Kimbrough, and Mr. and Mrs. John A. Peterson.
3. Ex-Governors of Georgia.
4. Justices of the Supreme Court and Court of A:npcals of Georgia and Judges of the Superior Courts and Solicitors General of Georgia, and State House Officials.
5. Members of Governor's family not previously designated, members of Governor's Staff.
The entire official party will form at 11 o'clock, a. m., central time in Reception Room of Governor's Office to extend in above order to conidors directly under dome and proceed when notified to inaugural stand.

TUESDAY, JANUARY 14, 1941

19

The General Assembly is requested to proceed not later t~1an 11 :30, a. m. to the reserved section for them directly in front of inaugural stand. President of Senate, who will preside, will proceed ,,,jth Secretary of Senate to inaugural platform whe"' the General Assembly is seated.
The entire program will be broadcast over stations W.S.B., W.G.S.T., and W.A.T.L., beginning at 12 o'clock noon, central standard time. and loud speakers have been installed which will catTy the program to all parts of the Capitol and grounds.
In order that citizens of Georgia who are unable to attend may hear the entire program, which beghs over ra:!io promptly at 12 noon, all persons in official party are earnestly requested to report promptly at time and place designated.
Washington Street will be closed to all traffic until ceremonies are completed. Six bands will furnish concet't music before and after ofiicial program and there will be two vocal solos: "God Bless America" and "The Old Rugged Cross", sung just preceding the invocation.
S. B. Hawkins, Lt. Col. 179th F. A., N. G.
Adjutant General Designee,
Lindley W. Camp,
Committee in Charge.

Inaugural Address of
Governor Eugene Talmadge
January 14, 1941
Governor Rivers, }fr. President, Mr. Speaker, Members of the General Assembly, and My Fellow Countrymen:
For the third time I have raised my hand to Almighty God and subscribed to the oath which I have just repeated.
It is, indeed, a pleasure to have with us today six former Governors of the state of Georgia.
They knQiw the trials, the troubles, and the pleasure of being Governor of our great state, and I have t:1is to say to all of the form~r governors of Georgia:
The good that we do lives a:::ter us, and t!w people of Georgia, above
. and better than any people on the face of the earth, love their officials and .
are quick to record the good deeds associated with them.
I certainly wish to thank WATL, WGST and WSB for the hook-up here today, making it possible for me to talk to the people out over the state-

20

JOURNAL OF THE SENATE,

around the stores, the factories, and in theil farm homes.
There are none too distant now to get the news immediately over the radio-a wonderful invention.
.My whole family's stay in Atlanta out on The Prado was certain!~ pleasant, and my wife is looking forward to renewing her acquaintance with her old neighbors, swapping buttermilk, tomatoes, okra, and coffee, agah.
I want all of you to come out to the mansion this afternoon. V'l'e will have a party out there from 4 to 6. And, don't be afraid to walk on the grass, for we can fix it back.
I am certainly proud that so many of my friends are here today.
Well, we have a job ahead of us.

"BE STRONG!
We are not here to play, to dream, to drift; We have hard work to do, and loads to lift; Shun not the struggle-face it; 'tis God's gift."
The people of Georgia can'1ot stand any more taxes. I have never approvf'd a bill raising taxes in my life, and I ho!Je that I will never have to do this.
The state is ap11roximately $32,000,000 in debt.
We owe $3,910,000 to the school system.
VV:hile campaigning over Georgia last summer, I pledged to the people that if I was elected this money would be paid by March 1 of this year. It can be paid.
Under the present law, any unexpended revenue arpropr:ated to any department automatically reverts to the general fund at the end of the fiscal year. At that time, a'1y fund in the general fund can be u~ed for paying any legitimate debt of the state.
The general assembly of Georgia, by amending the present budget Jaw, can authorize the budget commi~sion to pay funds that are not usctl by the different departments of state, immediately on the state debt.
We can pay this $3,910,000 by March 1.
The Highway Department is in debt approximately $18,000,000.
Of course Georgia will not repudiate any valid debt. J'he general assembly, if in their discretion. deem it wise, can !Jass a constitutional amendment providing for the !)ayment of these debts within the next four years. If this is done, I !:ave the a>~uranc:e from bankers in Qeorgia that they will discount the debt;; one !lCr cent where the creditors

TUESDAY, JANUARY 14, 1941

21

are needing the funds immediately, and we can pay off the debts without raising taxes by this method. And, if it can be fully accOilllllished within the next four years-and, I hope, sooner.
The old-age pension law in Georgia is before us to deal with.
The general assembly in 1937 passed an old-age pension law, referred it to the people, and it was adopted as a constitutional amendment.
There are 39,034 people now receiving the old-age !)ension in Georgia.
There are 11,665 children in Georgia receiving aid. There are 1,328 blind people in Georgia receiving aid.
There are approximately 18,000 to 20,000 !)eople in Gcorgia on the eligible list ''\ ho are not receiving any aid whatsoever.
If one is eligible to receive the tax money for an old-age pension, or for a destitute child, or a cripple, or a blind !)erson, and not getting it while others are getting it, there is an injustice going on!
I have a list of all those who are receiving the old-age pension or other assistance through the welfare department. I have their names and addresses.
It has been the policy in the past not to divulge these names. I don't know why they should have adopted such a policy. However, from now on, ever_vone who receives one dollar for old-age !Jension, or help of any kind, their names will be given to the press, with their address and the county they live in.
The people should know!
There are great numbers of people now rece1vmg the maximum amount for old-age pension. Great numbers are eligible who are not receiving one dime,
There should be a limit to the amount paid, and all who arc eligible should be placed on the list, and the money appropriated among them.
I think that under the present law this can be worked out. And, under the present law, mo:1ey can be saved in that department.
We \\ant to do what the law says, and let this money go to the people who are in need, and cut down the overhead in that department. The overhead should not exceed 10 per cent.
The gEneral assembly, in their wisdom in 1937, passed a law providing for the State Highway Patrol.
It is now operating, and this administration will exert every effort to improve and perfect th.e Highway Patrol of Georgia.

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The Highway Patrol is maintained by a driver's license fee of $1 p2r ye<,l'.
During the campaign last summer, I advocated a familv driver's license -for the head of the family to be issued a license at the regular fee, ant! then list the dependent children .,, ho are in the same house, of the proper a;~c and capable of driving a car, to let the Highway Patrol give them an examination as to their ability to drive, and issue them a se!Jarate license under the head of the family lice'1~e, for 25 cents each.
Instead of reducing the revenue that operates the State Patrol of Georgia, this plan will increase it.
Why do I say this? There are thousands and thousands of yot!Jlg boys and girls now scattered over Georgia who are not able to pay the license fee of $1 per yea~
What do they do? They are forced to go ahead and drive the car without a license, using their parent's license.
The ~ame plan will work on this as was \\Orked on the automobile tag before it was cut to $3. How well we remember the time whe!l we used to swan tags while the price was exorbitant, and !)ark our cars outside the city limits when we heard that the tag-catcher was around.
The family driver's license will improve the citizenry of the state, and encourage our young boys and girls to be ambitious and comply with the law, making safe, capable drivers on our public highways.
The law can al''' ays be worked to help the people, and not O!Jpress them.
And, remember this: The family driver's license docs not mean anything to the rich, but it does to the poor; and I am sony to say that in our state, our grand old state of Georgia, the poor are increasing. The Good Book says: "The poor will always be with us."
\Vhat is the condition of our counties? Under the homestead exemption law, the revenue has been greatly reduced in most of our counties. They are in debt.
Are we going to abolish our counties? Are we going to consolidate them?
I don't believe that the general assembly of Georgia wants this done.
We can at least do this under the present Ja,w to help the counties: \Ve can abolish some of our highway convict camps and let more contracts to the counties for grading roads. And, I hope that under the present law of Georgia, we can make contracts with the counties to mai:"!tain the roads.
I believe that the counties of Georgia can maintain the roads better and cheaper than a central government, like the State Highway Department. At the same time, a contract for the counties to maintain the highways would

TUESDAY, JANUARY 14, 1941

23

add something to their revenue.
\Ve don't need too much machi::ery, anyway.
The same machinery that the counties use in building and maintaining: their roads can be used in maintaining our state system and federal system of roads.
This matter <will be looked into with the Federal Bureau of Roads at an early date.
\Vhat is now to be done in Georgia, and should have S!Jecial consideration? It is our natural resources.
Georgia, with her mountain~ in the north, her Piedmont region. Onll coastal plains to the south, and long- expanse of seashore, is the grandest state in the Union.
\Vhy, during this present winter I have seen deer running over our hills. and in the swamps wild turkey and quail, and in our streams we have lots of fish.
Of course, we want to give this our consideration and protection.
What else m Georgia? In the hills and mountains of north Georgia arc veins of gold. In south Georgia, rwe find oil seepage in several sections.
Let's wake up the Department of Natural Resources and Geology and find out if there is oil and gold here. We need it now.
Georg-ia has fast developed into a livestock state. With very little effort and a little encouragement we can develop permanent pastures and make Georg-ia the g-reatest hog, cattle and sheep producing- state in the Union. We must reach out and build.
\Ve cannot continue to listen to these sugar-coated phrases and, like the ostrich, put our heads in the sand and refuse to see, and think that we are hidden.
The people of Georgia are expecting reasonable, efficient service from all of its employes. We have too many on the pay roll of the state at present. The number should and will be greatly reduced.
It is not right for the state government to pay more for work than private industry can afford to pay.
Some of the most trying problems of the government come from the overlapping- of appointed o1ficials. Officials who are appointed for terms that exceed that of elected officials have cost the state millions of dollars, and added to the turmoil and strife that injures the work and efficiency, and the good name of our state.

24

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The hig-hway law of Georgia as orig-inally drawn, !Jroviding for n board of three, and for the chairman to be on duty all the time, with board mcetinp:c; once a month, with the other two members was constructed on sound fundamental principles. There was only one amendment that should have been made to that Jaw, and that was for the highway commissioners' term to expire with that of the Governor who appointed him.
Why do I say this? We have an ideal exam~le in the chief executive branch of our federal government. The PreEident appoints members of the cabinet. Does he appoint them for a term to extend into the term of the 11ext President? No. He appoints them for a term to terminate '\\ith the term of t:1e President.
This is democracy. It is the people speaking.
The will of the people cannot be carried out if appointive officials can hold on beyond elections.
State jobs have been made too attractive. This is the teason we have so many applicants. State jobs pay more, have shorter working hours, easier work than private industry. This is w1ong, and with your authority I will try to help correct it.
I have made several appointments. I will make other appointment.<~ when I retire from the rostrum.
In all of these appoi"ltments that I make, I will request the appointed officials to consent to a bill reducing their salary to $5,000 !Jer year, and I here and now ask the g-eneral assembly of Georg-ia to pass a constitutional amendment to reduce the Governor's salary to $5,000 per year, and also to enact a Jaw providing- that no employe of the state shall receive a salary exceeding that of the Governor.
You know, the main topic of our campaign last summer was that the present revenue of Georgia can run its functions of government. In other words, we can go on and run this grand old state. To do this, i'le must get down to a sound basis, and it would not be right to cut some small employe's salary and let the big ones go unscathed.
We talked about something else last summer: That was that the terms of office of the Governor and all of the state officials should be made four years. We also said that this constitutional amendment should not affect the present officials, but should be provided to go into effect two years from now, at another election.
I am just as much in favor of that now as I ~vas when I advocated it to the general assembly six years ago. I am just as much in iavor of it now as I was when I spoke at Albany, Ga., last year on July 4.
What is the main reason for this? Georgia has been remarkably fortunate

TUESDAY, JANUARY 14, 1941

25

in electing good officials, but in my years of experience in dealing with the men who have been elected to fill a pu-blic office, most of them are timid. Wit:1in just a few month a campaign will start again ~'hen the work is just coming down 0:1 us. I feel that they should be given a four-year term in order to really carry out the functions of their office.
Put every safeguard around our officials, for them to have courage to do their duty. Being afraid of your job is one of the greatest calamities of any democracy.
This law won't do me any good, but it will help those who come after me.
The main thing that I want to talk to you about is to protect our ballots!
Protect the man's and the woman's vote, however humble they may be. On election day this is one time that the poorest man in America can match Rockefeller.
Protect our ballots? How?
The Democratic primary in Georgia is tantamount to an election. We have safe and sound laws protecting the general election, but practically no legislation protecting our primaries.
Why, in some of our highest circles it is considered a sporting event to steal a county or militia district, and sometimes .they will become high in political circles by stealing a county.
But, when they steal an honest man's or woman's vote, they steal the most sacred thing to them.
Pass legislation guaranteeing a recount in an election. Pass other legislation protecting the ballot in Georgia.
In addressing the general assembly I remember the first address I ever heard made to a general assembly.
It was not a Governor, but a great statesman in this land who was on President Wilson's cabinet, and he himself a candidate for President three times-William Jennings Bryan!
He made this statement: "The general assembly has the !,)OI\Ver not only to build and help the people, but it also has the power to destroy the people."
In all of your considerations, in all of your laws, remember this: That of first and foremost importance to any civilized Christian people is the right of every man and woman to make an honest living by their own efforts, their private business.
When you enact laws of burdensome taxes and restrictions that destroy that power or endanger it, it is just as de!>tructive as a tornado ot' lightning.

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It will make yom country dry up. It will stifle ambition in our boys and girls.
When considering a bill, think of that fellow who is out there fighting in the open, looking for and expecting nothing from his government but a square deal.
The past eight years have brought about great changes in our land. There have been more laws written within the !)ast eight years than were written in all of the past history of our government put together.
You cannot pass a law to bring back prosperity but you can pass a law that will destroy prosperity.
The war clouds are hovering over this land. I pray to God that we can by honorable means, avert sending our young men off to die -on foreign soil.
I would hate to get a telegram, telling me that my son, Herman, was killed in Europe. And, I know that you would hate to get such news about your sons.
Prepare for defense. Make this nation so strong that we can stand for the right against any and all nations on the globe.
I shall co-operate with the federal government wherever the interests of my state and my country are involved.
The clouds may look clark. The rumblings of war may beat around us, but to he who wishes to work, wishes to pray, and believes in a Divine Providence there is a silver lining behind every cloud.
And, in conclusion to you, I know of nothing more fitting than the poem of Miller, describing the feeling of Christopher Columbus on his voyage:

They sailed. They sailed. Then spake the mate: "This mad sea shows his teeth tonight.
"He curls his lips, he lies in wait, "With lifted teeth, as if to bite;
"Brave Adm'r'l, say <but one good word; "What shall ewe do when hope is gone?"
The words leapt like a leaping sword: "Sail on! Sail on! Sail on; and on!"
Then pale and worn, he kept his deck, And peered through darkness. Ah, that night
Of all nights! And then a speckA light! a light! a light! a light!
It grew, a starlit flag unfurled! It grew to be Time's burst of dawn.
He gained a world; he gave that world Its grandest lesson: "On! sail on!"

TUESDAY, JANUARY 14, 1941

1'1

M1-. Culpepper of Fayette moved that the joint seMion of the Gene1al Assembly do noow r!issolve and the motion prevailed.
Under a motion previously adopted, the Senate stood adjourned unt.i: tomorrow morning at 10 o'elock.

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Senate Chamber, Atlanta, G::-orgia,
Wedne~day, .January 1:), 1!141.
The Senate met pursuant to adjournment at 10 o'clock this mol'llinp: and was called to order by the Ptesident.
Prayer was ofiered by the Chaplain, Rev. W. J. DeBarde!ebe:1, of Atlanta.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal was dispensed with.
The confirmation of the Journal was carried over as unfinished busines; until the President appoints the Committee on Journals.
Senator Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senators Redwine of the 26t:1, Whaley of the 45th, Edenfield of the 4th. Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 1. A Bill to amend an Act creating a Depa1'tmcnt of Public Safety, by providing for family driver's licenses and prescribing tae fees to be paid therefor; and for other purposes.
Referred to Committee on State oZ Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 2. A Bill to create the State Highway Board of Georgia, provide for the appointment of members thereof, to repeal the Act creating a State High\\ay Board, and terminate the terms of office of the members appointed thereunder; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Wr.aley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 3. A Bill to provide for the suspension of the State Treasurer and Comptroller General, for the appointment of a suitable person to discharge the duties of the office of either in case of such suspension; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 4. A Bill to repeal an Act establishing a State Licensing

WEDNESDAY, JANUARY 15, 1941

29

Board for contractors; and for ot:1er purposes. Refened to Committee on State of Repub!ic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 5. A Bill to amend the Code of Georgia of 1933 known as the Motor Fuel Tax Act, by striking from sub-!)aragrapa (C) of said section the provision for an allowance of one per cent to distributors to cover losses and expenses incurred in collecting the :Motor Fuel Tax and for other purposes.
Referred to Commiaee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 6. A Bill to regulate the granting of paroles and conditional pardons to persons convicted of violations of the penal laws and the discharge of prisoners from the penal institutions of the State; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 7. A Bi"l to create the office of State Superintendent of Prison Farms and define its duties; to provide for the ap:!Jointment of the State Superintendent of Prison Fams and fix his compe~sation; to abolish the Board of Penal Corrections; and for other purposes.
Referred to Committee on State of Republic.
B~ Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and :.\iilhollin of the 46th.
Senate Bill No. 8. A Bill to repeal an Act establishing the Georgia Radio Commission.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 9. A Bill creating a State Housing Authority Board. Referred to Committee on State of Republic.
By Senators Red,wine of the 26th, Whaley of the 45th, Edenfield of the 4th, Camp,bell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 10. A Bill creating the State Hospital Authority. Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 4t')th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.

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JOURNAL OF THE SENATE,

Se"ate Bill No. 11. A Bill to repeal an Act amending Section 68-623 of the Code of 1933 by providing for payments to members of the Public Service Commission; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley or the 40th, Edenfield of the 'lth, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46lh.
Senate Bill No. 12. A Bill to fix the salary of the Secretary of State; and for ot:-:er purposes.
Referred to Committee on State of Republic.
By Senators Red,vine of the 26th, Whaley of the 45th, Edenfield of the '!th, Campbell oZ the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 13. A Bill to fix the salary of the State Treasurer; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Ed\\ ards of the 6th, and Milhollin of the 46th.
Senate Bill No. 14. A Bill to fix the salary of the Com9troller General; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 15. A Bill to fix the compensation of the State Superintendent of Schools as executive secretary of tr.e State Board of Education and the administrative o::'ficet of the State Department of Education; and for other purposes.
Referred to Committee on State of Republic.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Mi:hollin of the 46th.
Senate Bill No. 16. A bill to repeal an Act to provi:'e for the confirmation by the Senate of appointees of the Governor for public o~fice; and for other purposes.
Referred to Committee on State of Republic.
By Ser.ator Drake of the 8th.
Senate Bill No. 17. A bill to abolish the poll tax in this State; ar.d for other purposes.
Referred to Committee on State of Republic.
By Senator Park of the 19th.
Senate Bill No. 18, A bill to require all persons having certain claims

WEDNESDAY, JANUARY 15, 1941

31

against the State of Georgia to have the State Auditor to approve them before payment.
Referred to Committee on State of Republic.
By Senator Park of the 19th.
Senate Bill No. 19. A bill to require the Highway Commission of Georgia to have the pavements on public roads twenty-six feet wide and to eliminate all sharp curves.
Referred to Committee on Highways and Public Roads.
By Senator Couch of the 52nd.
Senate Bill No. 20. A bill to abolish the offices of Tax Receiver and of Tax Collector of Fulton County, Georgia and to create the office of County Tax Commissioner.
Referred to Committee on Counties and County :Matters.
By Senators Red:wine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 84th, Edwards of the G'th, and Milhollin of the 46th.
Senate Resolution No. 9. A re!Oolution to amend Article 5, Section 1, Paragrap!1 2, of the Co~stitution of Georgia by fixing the terms of office of the Governor and other constitutional officers at four years.
Re;erred to Committee on Amendments to Constitution.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Reso!ution No. 10. A reeolution to amend Article 8, Section 2, Paragrap:. 1, of the Constitution of Georgia, by fixil:g the term of office of the State School Superintendent at ::'our years.
Referred to Committee on Amendments to Constitution.
By Senators Campbell of the 34th, and Edenfield of the 4th.
Senate Resolution No. 11. A resolution to amend S::mate Rule 135 relative to naming two committees on educatio::1 and public schools.
Referred to Committee on Rules.
The following privileged resolution was read and adopted: By Senator Fortson of the 50th.
'Vhereas, it is nece~sary for Senators to know when and ~vhere Committees are to meet, and,
Whereas, we believe that some form of bulletin board will aid in giving members of the Senate this information,
Therefore, be it now resolved, that the Secretary of the Senate be requested to place in a conspicuous spot in the rear of the Senate Chamber,

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a blackboard, sufficiently large to carry all necessary information as to time and place of Committee meetings, and that the Secretary of the Senate be ~lw requested to have this information written on this board each day.
The following pr~vilq('ed reEolution was read and unanimous'y adopted by a rising vote of the Senate: By Senators Park of the 19th, and Lanier of the 18th Districts.
A RESOLUTION
\Vhereas, Honorable Robert B. McWhorter, a former prominent member of the State Senate during the years of 1935 and 1936, as a Representative for the 19th Senatorial District, and who presented the President of the present Senate with a beautiful gavel on the morning of the Thirteenth day of January, 1941, departed this life in the city of Atlanta, on the Fourteenth day of January, 1941.
Therefore be it resolved, that the members of the !Jresent State Senate express to the members of his family, their sincere sympathy on account of the sad bereavement that has come into their lives.
Be it further resolved, that. these resolutions be entered on the records of this Senate and the Secretary of the Senate fumish to the family of Honorable Robert B. McWhorter, a certified co!JY of these resolutions.
Adopted in the open Senate this January 15, 1941. Senator Cannon of the 40th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JANUARY 16, 1941

33

Senate Chamber, Atlanta, Georgia.
Thuisday, January 16, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer wa~ offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal was dispensed <With.
Confirmation of the Journal was carried over as unfinished business, until the President appoints the Committee on Journals.
Senator Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce be permitted to do so at this time, and the consent was granted.
The following bills were introduced, read the first time, and referred to committees:
By Senator Sumner of the lOth.
Senate Bill No. 21. A bill to be entitled an Act to require registration of guests under their true names at tourist camps or like places by whatever name called; to provide for penalties for violation thereof; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Houston of the 51st.
Senate Bill No. 22. A bill repealing an Act creating and establishing a state-wide general election provided by law.
Referred to Committee on Privileges and Elections.
By Senator Almand of the 27th.
Senate Bill No. 23. A bill providing that any person who shall desecrate the burial place of any human body with intent to rob, steal, mutilate, or maliciously molest the remains intel'l'ed thetein, shall be punished by death, or life imprisonment.
Refel'l'ed to Committee on General Judiciary No. 1.
By Senator Fortson of the 50th.
Senate Bill No. 24. A bill to propose to the qualified voters of Georgia an amendment to Paragraph 1, Article 7, Section 7, of the Constitution of Georgia authorizing the City of Washington to issue refunding bonds.
Referred to Committee on Amendments to the Constitution.
By Senator Park of the l!Hh.

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Senate Bill No. 25. A bill to estop life insurance companies doing business in Georgia from pleading misrepresentation after twelve months from date of policy.
Referred to Committee on Insurance.
By Senator Park of the 19th.
Senate Bill No. 26. A bill to require the Highway Commission of Georgia to give to the counties of Georgia the right to bid and improve the public roads in the state.
Referred to Committee on Highways and Public Roads.
By Senator Park of the 19th.
Senate Bill No. 27. A bill to require the Highway Commission of Georgia to establish and pave Market Highways in the counties of Georgia.
Referred to Committee on Highways and Public Roads.
By Senator Couch of the 52nd.
Senate Bill No. 28. A bill to amend Code Section 88-201 of the Georgia Code of 1933 relative to Gou~ty Boards of Health.
Referred to Committee on General Judiciary No. 1.
By Senator Couch of the 52nd.
Senate Bill No. 29. A bill to Amend the act creating a County Planning Commission for Fulton County.'
Referred to Committee on Counties and County Matters.
By Senator Couch of the 52nd.
Senate Bill No. 30. A bill to transfer to the County Tax Collector, duties now imposed upon County Registrars in Counties having a popu~ation of 200,000 or more.
Re::'erred to Committee on Counties and County Matters.
By Senator Couch of the 52nd.
Senate Bill No. 31. A bill to amend Section 920-3115 of the Code of 1933 relative to Cou..,ty Taxation and Pauper Tax, so as to provide that s.3id tax will not exceed one-and-one-fourth mills except by two-thirds vote of two successive Grand Juries.
Referred to Committee on Counties and County Matters.
By Senator Couch of the 52nd.
Senate Bill No. 32. A bill to amend Paragraph 8, Sec. 24-2715 of the Code of 1933 relating to additional duties of Clerks of Superior Court.
Referred to Committee on General Judiciary No. 2.
By Senator Couch of the 52nd,

THURSDAY, JANUARY 16, 1941

35

Senate Bill No. 33. A bill to repeal an Act amending; Tit!e 95, Section 95-1721 of the Code of 1933 providing for the control and supervision of State aid roads and for payment oi' expenses in obtaining rights of way.
Referred to Committee on Highways and Public Roads.
By Senator Couch of the 52nd.
Senate Bill No. 34. A bill to authorize any public authority including State Highway Department to reco:"lvey lands after the lapse of seven years to the respective donors.
Referred to Committee on Highways and Public Roads.
By Senator Couch of the 52nd.
Senate Bill No. 35. A bill to repeal sub-section 4 of sub-section 5 of section 24-2714 of the code of 1933 relative to Superior Court Execution Dockets to be kept by Clerks of the Superior Court.
Referred to Committee on Special Judiciary.
Senator Park of the 19th asked unanimous consent that the following bill be withdrawn from the Committee on Insura!lce and recommitted to the Committee on Gene1al Judiciary No. 1:
By Senator Park of the 1!lth. Senate Bill No. 25. A bill to estop life insurance companies doing business in Georgia from pleading misrepresentations after twelve months from date of policy.
The consent was granted.
Senator Fo1~tson of the 50th arose to a point of personal nrivilege and addressed the Senate, calling the attention of the Senate to a rellorted deficit and lack o2 funds to meet current obligations in the \Vild Life DE>partment.
Senator Edwards of the 6th arose to a poht of personal privilege and discussed the general deficit faced by the State.
Senator McGehee of the 25th arose to a point of personal privilege and riiscussed the economy program of the incoming administration.
Senator Lanier of the 18th arose to a point of personal privilege and discussed the problem of effecting economy in all state departments.
The following message was receiv~d :irom the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to-wit:
By Mr. Culpepper of Fayette. H. R. No. 17. Be it re::~olved by the House, the Senate concurring, that

36

JOURNAL OF THE SENATE,

the General Asse.mbly of Georgia recess at the time of adjournment on Thursday, January 16, 1941, until Wednesday, January 22, 1941. By Mr. Culpepper of Fayette.
H. R. No. 18. Be it resolved by the House, the Senate concurring. that the General Assembly of Georgia convene in regular session at 10 o'clock A. M. Thursday, January 23, 1941.
The- following resolutions of the House were read and taken up for consideration:
By Mr. Culpepper of Fayette.
H. R. No. 17. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia recess at the time of adjournment on Thursday, January 16, 1941, until Wednesday, January 22, 1941.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Mr. Culpepper of Fayette.
H. R. No. 18. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia convene in regular session at 10 o'clock A. M. Thursday, January 23, 1941.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Lanier of the 18th asked unanimous consent that he and Senator Franklin of the 38th be granted leaves of absence for the last tw:o days of the ten-day session and the first two days of the coming regular session, January 21, 22 and January 23, 24, res_!)ectively, as it was necessary for them to be in Washington, D. C., on these dates attending to their of::'icial duties as members of the Committee on Interstate Co-operative Council of State Government, and the consent was granted.
The following privileged resolution was read and adopted:
By Senator Odom of the 8th District:
A resolution extending the privileges of the floor to Honorable H. H. Radford of Newton during his stay in At!anta.
Senator Edenfield of the 4th moved that the Senate do now adjourn, and the motion prevailed.
The President announced that, in acordance with the joint resolution adopted by the Senate and House, the Senate stood adjourned until \Vcdncsday morning, January 22, 1!Hl, at 10 o'clock.

WEDNESDAY, JANUARY 22, 1941

37

Senate Chamber, Atlanta, Georgia, Wednesday, January 22, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning, and was called to order by the President.
Prayer was offered by Dr. Stewart Oglesby of the Central Presbyterian Church.
The roll was called, and the following Senators answered to their names:

Almand Adams Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry Dobbs

Drake Edenfield Edwards Fortson Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Martin Mason McGehee

Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley Mr. President

By unanimous coment the reading of the Journal was dispensed with.
Confirmation of the Journal was canied over as unfinished business, until the President appoints the Committee on Journals.
Under the regular order of business, the following bills were introduced, read the first time, and referred to committees:
By Senator Fortson of the 50th.
Senate Bill No. 36. A bill to amend the Act approved March 26th, 1935, (Ga. Laws 1935, pp. 364, 367), as amended by the Act approved March 8th, 19:37, (Ga. Laws 1937, pp. 639, 644), etc.
Referred to Committee on Agriculture.
By Senator Hill of the 36th.
Senate Bill No. 37. A bill to repeal an Act entitled "Meriwether Superior Court-Two Terms" (approved March 24, 1!J39, page 439-440); to provide for holding four terms in each year of the Superior Court of Meriwether County; to provide for the time of holding the same; to provide for drawing a Grand

38

JOURNAL OF THE SENATE,

Jury; and for other purposes. Referred to Committee on General Judiciary No. 1.
By Senator Hill of the 36th.
Senate Bill No. 38. A bill to repeal an Act establishing the City Court of Greenville, approved March 24, 1939, entitled "An Act to establish the City Court of Greenville, in and for the County of Meriwether to define its jurisdiction and powers, etc."; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Park of the 19th.
Senate Bill No. 39. A bill to amend Section 59-106 of the Code by providing that qualified women, whose names are on the books of the tax receivers in their respective counties, must be selected by the jury commissioners in every county in Georgia as grand and traverse jurors in the same manner as men are now selected.
Referred to Committee on Special Judiciary.
By Senator Kiker of the 41st, and Senator Cannon of the 40th.
Senate Bill No. 40. A bill to increase the mileage of the State-aid Road System by adding thereto a Highway beginning at McCaysville, Georgia, on State Highway Route No. 5 in Fannin County, Georgia, and extending to Mineral Bluff in Fannin County, Georgia, a distance of approximately ten miles.
Referred to Committee on Highways and Public Roads.
The follo\Ying Resolutions were read the first time, and ordered to lay on table one day:
By Senator Couch of the 52nd.
Senate Resolution No. 12. A Resolution providing for a committee of three ftom the Senate to investigate why operators of trackless trolleys are not required to buy tags.
By Senator Kiker of the 41st, Senator Cannon of the 40th, and Whaley of the 45th.
Senate Resolution No. 13. A Resolution authorizing and directing the Surveyor-General of the State of Georgia to survey the state line between Georgia and Notth Carolina and Georgia and Tennessee.
The President announced the following standing committees of the Senate for the sessions of 1941-42:

WEDNESDAY, JANUARY 22, 1941

39

ACADEMY FOR THE BLIND

Striplin, Chairman Fortson, Vice-Chairman
Campbell Cannon

Ma~~on
Smith (35th) Whaley

AGRICULTURE

Milhollin, Chairman Rowla:-!d, Vice-Chairman
Almand Bargeron Barnhill Campbell Edenfield Garner Guyton

Harrison Holt; Kiker Lewallen Pilcher Striplin Sumner Wall

AMENDMENTS TO THE CONSTITUTION

Holt, Chairman Smith (35th), Vice-Chairman
Adams Burnside Campbell Clark Dobbs Drake Edwards Fortson F1anklin Gross Guyton

Hou&ton Hamilton Kirkland Lanier Mason McGehee Milhollin Mosley Park Steed Sumne1 Wall Whaley

APPROPRIATIONS

Ma~~on, Chairman Campbell, Vice-Chairman
Almand Burnside Coker Coxon Daughtry Edenfield Edwa1ds

Fortson Fostet Guyton Holt McGehee Park Smith (24th) Striplin Whaley

40

JOURNAL OF THE SENATE,

AUDITING
Barnhill, Chairman Franklin, Vice-Chairman
Almand Cannon
AVIATION
Mosley, Chairman Edenfield, Vice-Chairman
Bradley Coxon

Couch Coxon Fol"bbon Whaley
Hamilton Lanier Smith (24th)

BANKS AND BANKING

Whaley, Chairman Ragan, Vice-Chairman
Daughtl7 Garner Hill

Holt Houston McGehee Smith (24th)

COMMERCE
Smith (24th), Chairman Bland, Vice-Chairman
Couch Daught17

Hill Holt Milhollin

CONGRESSIONAL AND LEGISLATIVE

RE-APPORTIONMENTS

Adams, Chairman Gross, Vice-Chairman
Bradley Campbell Hill Lewallen

Ma.'lon Milhollin Mosley Odom Steed

CONSERVATION

Ragan, Chairman Edenfield, Vice-Chairman
Bland But'!lside Campbell Couch Coxon Fortson Ftanklin

Garner Guyton Hanison Holt Martin Pilcher Smith (24th) Smith (35th) Steed

CORPORATIONS

Smi+h (85th), Chairman Ragan, Vice-Chairman

Durnl!ide Campbell

WEDNESDAY, JANUARY 22, 1941

41

Bargeron
Blat~(~
Couch Drake Franklin

Houston Kirkland Odom Pilcher

COUNTIES AND COUNTY MATTERS

Drake, Chairman Odom, Vice-Chairman
Adams Almand Bargeron Barnhill Bland Campbell Couch Coxon Daughtry Dobbs Edwards

Foster Guyton Kiker Kirkland Lewallen Martin Milhollin Mosley Park Smith (35th) Striplin Whaley

DRAINAGE
Barnhill, Chairman Pilcher, Vice-Chairman
Campbell Coker

Kirkland Martin Mason Milhollin

EDUCATION AND PUBLIC SCHOOLS NO. 1

Edwards, Chairman Bargeron, Vice-Chairman
Almand Bland Campbell Couch Dorsey Franklin Hamilton Hill

Holt Houston Martin Mason Odom Park Pilcher Ragan Striplin Sumner

EDUCATION AND PUBLIC SCHOOLS NO. 2

Coxon, Chairman Steed, Vice-Chairman
Adams Bland Burnside

Clark Edenfield Mosley Rowland Whaley

42

JOURNAL OF THE SENATE,

ENGROSSING
Hill, Chairman Franklin, Vice-Chairman
Almand Clark

'Mason Steed Whaley

ENROLLMENT

Rowland, Chairman Bland, Vice-Chairman
Edwa1ds Fortson

Martin Smith (35) Sumner

FINANCE
Lanier, Chairman Milhollin, Vice-Chairman
Adam& Bat'Tihill Bland Bradley Cannon Clark Couch Dobbs Dorsey Drake Garner

Gross Hamilton Hill Houston Kiker Kirkland Lewallen Odom Ragan Rowland Smith (35th) Sumner Wall

GAME AND FISH

Guyton, Chairman Holt, Vice-Chairman
Almand Bat'Tihill Campbell Cannon Clark Coker Dorsey Edenfield

Fortson Franklin Garner Houston Milhollin Mosley Odom Striplin Wall Whaley

GENERAL JUDICIARY NO. 1

Houston, Chairman Franklin, Vice-Chairman

Adams Burnside

WEDNESDAY, JANUARY II, 1941

Campbell Dobbs Drake Gross Kirkland Lanier

Mason McGehee Odom Smith (85th) Steed Whaley

GENERAL JUDICIARY NO. 2

Dorsey, Chairman McGehee, Vice-Chairman
Bland Bradley Clark Coker Couch Coxon Daughtry Dobbs

Edenfield Edwards Guyton Hamilton Harrison Hill Kiker Mason Whaley

HALLS AND ROOMS

Lewallen, Chairman Barnhill, Vice-Chairman
Campbell Couch

Edenfield Guyton Kirkland Sumner

HIGHWAYS AND PUBLIC ROADS

r.oker, Chairman Daughtry, Vice-Chairman
Barnhill Bland Couch Doney Drake Edenfield Foster Hill Holt: Houston Kiker

Kirkland Lanier Mason Martin McGehee Milhollin Mosley Park Striplin Sumner Wall Whale;v

HISTORICAL RESEARCH

Odom, Chairman Doney, Vice-Chairman

Almand Campbell

44

JOURNAL OF THE SENATE,

Coxon Dobbs Martin

McGehee Mosley Pilcher

HYGIENE AND SANITATION

Martin, Chairman Mosley, Vice-Chairman
Burnside Edwards

Hamilton Pilcher Smith (24th) Sumner

INSURANCE

Cannon, Chairman Fortson, Vice-Chairman
Almand Bradley Burnside Clark Couch Coxon

Franklin Garner Guyton Milhollin Ragan Smith (35th) Sumner Whaley

INDUSTRIAL RELATIONS

Couch, Chairman Daughtry, Vice- Chairman
Adams Barnhill Burnside Campbell Cannon Clark Edenfield Gross

Hamilto'l Bill L?.nier Milhollin Ragan Rowland Smith (24th) Sumner Whaley

INTERSTATE CO-OPERATIVE COMMITTEE OF COUNCILS OF STATE GOVERNMENT

Franklin, Chairman Kirkland, Vice-Chairman
Campbell

Holt Lanier

INTERNAL IMPROVEMENTS

Bland, Chairman Adams, Vice-Chairman
Couch

Hamilton Milhollin Smith (24th)

COMMITTEE ON JOURNALS

Foster, Chairman Odom, Vice-Chairman

Martin Mason

Dobbs

Pilcher

WEDNESDAY, JANUARY 22, 1941

45

MANUFACTURES

Smith (24th), Chairman

Daughtry

Bland, Vice-Chairman

Kiker

Campbell

Ragan

Clark

MILITARY AFFAIRS

Bargeron, Chairman Coxon, Vice-Chairman
Couch Drake Edenfield Edwards Franklin Hill

Holt Houston Kirkland Milhollin Odom Smith (35th) Whaley

::\fiNES AND MINING

Kiker, Chairman Steed, Vice-Chairman
Clark

Coker Ragan Rowland

::\IOTOR VEHICLES

Campbell, Chairman Daughtry, Vice-Chairman
Almand Cannon Clark Couch Coxon Dorsey

Edwards Fortson Garner Houston }'[ilhollin Ragan Smith (3;)th) Striplin

l\iUNICIPAL GOVERNMENT

Daughtry, Chairman Smith (35th), Vice-Chairman
Barnhill Bland Burnside Campbell Couch

Edenfield Fortson Gross McGehee Odom Steed Whaley

PENSIONS

Park, Chairman McGehee, Vice-Chairman
Adams Barnhill Bradley

Foster Kiker Martin Rowland Striplin

46

JOURNAL OF THE SENATE,

PENITENTIARY

Almand, Chairman Cannan, Vice-Chairman
Adams Bamhill Bradley Camp.bell
Coker Coxon Daughtry Dobbs

Foster Franklin Garner Guyton Hamilton Hill Holt Kirkland Mason Wall

PRIVILEGES AND ELECTIONS

Gal'Der, Chairman Martin, Vice-Chairman
Cannon Dorsey Drake HarriEon

Houston Mosley Park Pilcher Ragan

PRIVILEGES OF FLOOR

Oclom, Chairman Whaley, Vice-Chairman
Barnhill Clark Poster

Franklin Guyton Hill Rag-an Steed

PUBLIC LIBRARY

Harrison, Chairman Coxon, Vice-Chairman
Burnside Couch

Edwards Hamilton Lanic1 Milhollin

PUBLIC PRINTING

Bradley, Chai1man Bat'flhill, Vice-Chairman
Clark

Daughtry Hamilton

PUBLIC PROPERTY

Pilcher, Chairman Bradley, Vice-Chairman
Adams Hamilton

McGehee Park Smith (35th)

WEDNESDAY, JANUARY 22, 1941

47

PUBLIC UTILITIES

Gro~s, Chairman Guyton, Vice-Chairman
Barnhill Bradley Burnside Campbell Cannon Couch Coxon Dorsey

Drake Edwards Franklin Guyton Harrison Holt Kiker Mason Milhollin Sumner

PUBLIC WELFARE

Dobbs, Chairman Hamilton, Vice-Chairman
Adams Ede'lfield Guyton Kiker

:Mason McGehee Park Ragan Rowland

RULES
Redwine, Chairman Edenfield, Vice-Chairman
Almand Burnside Campbell Clark Couch Coxon Edwards Fortson Guyton Holt

Houston Kiker Kirkland Mason Milhollin Odom Ragan Smith (24th) Striplin Sumner Whaley

SCHOOL FOR THE DEAF

Hamilton, Chairman Franklin, Vice-Chairman
Daughtry Dorsey Houston

Martin Odom Pilcher Steed

SPECIAL JUDICIARY

Steed, Chairman Burnside, Vice-Chairman
Adams

Hamilton Hill Holt

48

JOURNAL OF THE SENATE,

Bland Edwards Gross Guyton

Houston McGehee Odom Park

STATE OF THE REPUBLIC

Clark, Chairman Holt, Vice-Chairman
Campbell Edenfield Edwards Houston Kiker

Kirkland Mason Milhollin StTiplin Sumner Whaley

STATE SANITARIUM

Wall, Chairman Sumner, Vice-Chairman
Coker Couch Dorsey Fortson

Gross Hill Martin :Wosley Smith (24th) Steed

TEMPERANCE
:WcGehee, Chairman Smith (24th), Vice-Chairman
Clark Couch Daughtry Dobbs Edenfield Edwards Guyton Hamilton

Hill Houston Kirkland Lanier Lewallen Mason :\'lilhollin Park Smith (35th) Sumner

TRAINING SCHOOL

Rowland, Chairman Martin, Vice-Chairman
Coker Couch

Gross Mosley Sumner Whaley

TUBERCULOSIS SANITARIUM AT ALTO

Sumner, Chairman Mosley, Vice-Chairman
Barnhill Coker Daughtry Dobbs

Fortson Harrison Hill Kirkland Lewallen Martin

WEDNESDAY, JANUARY 22, 1941

49

Burnside, Chairman Odom, Vice-Chairman
Campbell Dobbs Edwards Franklin Gross

UNIFORM LAWS
Houston Kirkland Mason )icGchce Smith (35th) Whaley

UNIVERSITY SYSTEM OF GEORGIA

Fortson, Chairman Bland, Vice-Chairman
Almand Bradley Cannon Couch Coxon Dobbs Dorsey Drake Edwards Garner Gross Guyton

Hamilton Hill Houston Kirkland Lanier Milhollin Odom Park Ragan Smith (35th) Striplin Sumner Wall

WESTERN AND ATLANTIC RAILROAD

Kirkland, Chairman Clark, Vice-Chairman
Almand Barnhill Bland Burnside Camp.bell Coker Couch Coxon Dobbs

Dorsey Edenfield Edwards Foster Franklin Harrison Lewallen Pilcher Ragan Striplin Sumner

Senator Odom of the 9th, Vice-Chairman of the Committee on Journals, reported that the Journals of the first nine days had been examined and found correct.

The Journals were confirmed.

Senator Edwards of the 6th arose to a point of personal privilege.

Senator Couch of the 52nd called the attention of the Senate to an invitation extended by the Atlanta Chamber of Commerce for members to attend

50

JOURNAL OF THE SENATE,

a dinner in their honor Wednesday night at the Ansley Hotel. The President urged all Senators to attend.
The following privileged resolutions were read and adopted:
By Senator Kirkland of the 49th. A resolution extending the privilege of the floor to Mrs. J. H. l\Iilhollin,
wife of the Senator from the 46th.
By Senator Fortson of the 50th. A resolution extending the privilege of the floor to Ron. Lawrence S.
Camp, former Chairman of the Democratic Executive Committee of the State of Georgia, and former Attorney General of the StaJte of Georgia, and now United States District Attorney for the Northern District of Georgia.
The following message was received from the House through Mr. Boone, the Clerk, thereof:
Mr. President:
The House has adopted the following resolution of the House, to-\\it:
By l\Ir. Culpepper of Fayette. House Resolution No. 29. A resolution providing for sine die adjoumment
of the 1941 ten-day organization session of the General Afsembly of Georgia.
The President read a telegram from Senator Garner of the 47th requesting leave of absence for today's session, and the leave was granted by unanimous consent.
The President asked unanimous consent that Senator Lewallen of the 33rd be granted leave of absence for today's session due to illness, and the consent was granted.
The following resolution of the House was read and adopted:
By Culpepper of Fayette. House Resolution No. 29. A resolution providing for sine die adjourn-
ment of the 1941 ten-clay organization session of the Ge'1eral Assembly of Georgia.
The President announced the ten-clay sess1on of tha Senate adjourned sine die.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
OF THE
REGULAR SESSION
OF THE
GENERAL ASSEl\fBLY
Commenced at Atlanta, Thursday, January 23, 1941
SOUTHERN PRINTERS AMERICUS, GA.

52

JOURNAL OF THE SENATE,

(REGULAR SESSION)
Senate Chamber, Atlanta, Georgia,
Thursday, January 23, 1941.
The Senate met in regular session, pursuant to Joint House Resolution No. 18 adopted during the ten-day organization session, and was called to order by the President.
Prayer was offered by Dr. Louie D. Newton, pastor of the Druid Hills Baptist church of Atlanta.
It was ascertained that a quorum was present, and by unanimous consent the call of the roll was dispensed with.
Senator Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of the final day of the ten-day organization session had been examined and found correct.
By unanimous consent the reading of the Journal was dh;pcnscd with, and the Journal was confirmed.
Senator Edenfield of the 4th asked unanimous consent that the following be esta'hlished as the order of business for today:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. Motions, resolutions and petitions.
The consent was granted.
The following resolution was read and adopted:
By Senator Edenfield of the 4th. Senate Resolution No. 14. A resolution notifying the House that the
Senate had convened in the regular 1941 session and was ready for the transaction of business.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President: The House has adopted the following resolutions of the House, to-wit:
By Mr. Culpepper of Fayette. H. R. No. 30. A resolution to notify the s~nate that the House has
convened in regular session and is ready for the transaction of business.

THURSDAY, JANUARY 23, 1941

53

By :Wr. Culpepper of Fayette. H. R. No. :J 1. A re~olution providing for a joint committee, three on
the part oi the House and t11 o on the part of the Senate, to be appointed to notify the Governor that the General Assembly has convened in regular
~ession.
The Speaker appointed as a committee on the "part of the House, to notify the Governor, the following members:
Mc~srs. Dyal of App!ing, Witherington of Wilcox, and Harden of Tumer.
The following resolution of the House was read and adopted:
By Mr. Culpepper of Fayette: House Rc~olution No. 3-A. A resolution providing for a joint committee
of three on the part of the House and two on the part of the Senate, to be appointed to notii'y the Govemor that the General Assembly has convened in regular session.
The President appointed as a committee on the part of the Senate under the above resolution: Senators McGehee of the 25th and Coker of the 39th.
The Senate recessed at 10:25 a.m., subject to the call of the President.
The Senate reconvened at 10:58 a.m., and was called to order by the President.
Senator Drake of the 8th asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Amendments to the Constitution and recommitted to the Committee on General Judiciary No. 1: By Senator Drake of the 8th.
Senate Bill No. 17. A bill to abolish the poll tax in the state; and for other purposes.
The consent ,1\ as granted.
The following privileged resolutions were read and adopted: By Senator Coker of the 39th.
A resolution extending the privileges of the floor to lion. C. E. Faulk, of :\ionroe, La., president of the Delta Air Lines.
By Senator Steed of the 43rd. A resolution extendin.e; the privileges of the floor to Hon. George W.
Gaddis, sheriff of Bartow county.
The following bill was introduced, read the first time, and referred to committee.
By Senator Coker of the 39th.

54

JOURNAL OF THE SENATE,

Senate Bill No. 41. A bill to amend the act creating a new charter for the town of Canton, Ga.
Referred to Committee on Municipal Government.

Mr. Clark of the 44th District, Chairman of the Committee on State of the Republic submitted the following report: Mr. President:

Your Committee on State of the Republic have had under consideration the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same hack to the Senate with the following recommendations:

Senate Bill No. 1. Senate Bill No. 2. Senate Bill No. 3. Senate Bill No. 4. Senate Bill No. 5. Senate Bill No. 6. Senate Bill No. 7. Senate Bill No. 8. Senate Bill No. 9. Senate Bill No. 10. Senate Bill No. 11. Senate Bill NQ. 12. Senate Bill No. 13. Senate Bill No. 14. Senate Bill No. 15. Senate Bill No. 16.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Clark of 44th district, ahairman.

Mr. Edenfield of the 4th Disbict, Vice-Chairman of the Committee on Rules submitted the following report:

Mr. President:
Your Committee on Rules have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the

THURSDAY, JANUARY 23, 1941

55

same back to the Senate with the following recommendations:
Senate Resolution No. 11. Do pass.
Respectfully submitted,
Edenfield of 4th district, chairman.
Mr. Kelley Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submtited the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 9. Do pass.
Senate Resolution No. 10. Do pass.
Senate Bill No. 24. Do pass.
Respectfully submitted,
Holt of 48th district, chairman.
The following bills and resolutions of the Senate, favorably reported by the committees, were read the second time:
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 1. A bill to amend an Act approved ::.vlarch 19, 1937, creating a Department of Public Safety for Georgia, pro~iding for the organization thereof, providing for the Georgia State Patrol and the issuance of licenses to drivers of automobiles, by providing for family driver's licenses and prescribing the fees to be paid therefor; and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 2. A bill to create the State Highway Board of Georgia, provide for the appointment of members thereof, to repeal the Act creating a State Highway Board, and terminate the terms of office of the members appointed thereunder; and for other purposes.
By Senators Redwine of the 26th, '\Vhaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 3. A bill to provide for the suspension of the Sta.te Treasurer and Comptroller General, for the appointment of a suitable person to discharge the duties of the office of either in case such suspension, and for other purposes.

56

JOURNAL OF THE SENATE,

By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of thl' 4Gth.
Senate Bill No. 4. A bill to repeal an Act esta;blishing a State Licensing Board for contractors; and for other purposes.
o: By Sena~ors Redwine the 26th, "Whaley of the 45th, Edenfield of the 4th,
Campbell of the 34th, Edwards of the 6th, and :\Iilhollin of the 4Gth. Senate Bill No. 5. A bill to amend the Code of Georgia of 1933 known
as the Motor Fuel Tax Act, by striking from sub-paragraph (C) of said sectic.n the provision for an allowance of one per cent to distributors to cover 1osses and expenses incurred in collecting the Motor Fuel Tax and for other
]:urpo~es.
By Senators Redwine of the 26th, Whaley of the 4Gth, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and l\Iilhollin of the 4Gth.
Sl'nate Bill No. 6". A bill to regulate the granting of paroles and conditional pardons to persons convicted of violations of the penal laws and the discharge of prisoners from the penal institutions of the State; and for other purpoces.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 4Gth.
Senate Bill No. 7. A bill to create the office of State Superintendent of Prison Farms and define its duties; to provide for the appointment of the State Superintendent of Prison Farms and fix his compensation; to abolish the Board of Penal Corrections and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, EdenfieJd of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 4Gth.
Sena.te Bill No. 8. A bill to repeal an Act establishing the Georgia Radio Commission.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 4Gth.
Senate Bill No. 9. A bill creating a State Housing Authority Board.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 10. A bill creating the State Hospital Authority.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 11. A bill to repeal an Act amending Section 6'8-623 of the Code of 1933 by providing for payments to members of the Public Service Commission; and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.

THURSDAY, JANUARY 23, 1941

57

Senate Bill No. 12. A bill to fix the salary of the Secretary of State; and for other purposes.

By Senators Redwine o: the 26th, Whaley of the 45th, Edenfield of the 4th,

Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.

Senate Eill No. 13. A bill to fix be salary of the State Treasurer; and

for other purposes.

\
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th,

Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.

',,

Senate Bill No. 14. A bill to fix the salary of the Comptroller General~

and for other purposes.

By Senators Redwine of the 26th, Whaley of the 43th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th,
Senate Bill No. 15. A bill to fix the compensation of the State Superintendent of Schools as executive secretary of the State Board of Education and the administrative officer of the State Department of Education; and for other purposes.

By Senators Redwine of the 26th, Whaley of the 43th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Bill No. 16. A bill to repeal an Act to provide for the confirmation by the Senate of appointees of the Governor for public office, and for other purposes.

By Senator Fortson of the 50th.
Senate Bill No. 24. A bill to propoe to the qualified voters of Georgia an amendme~lt to Article 7, Section 7, Paragraph 1, of the Constitution of . Georgia authorizing the City of Washington to issue refunding bonds.

By Senators Redwine o.f the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Resolution No. 9. A resolution proposing to the people of Georgia that Article 5, Section 1, Paragraph 2, of the Constitution of Georgia, be/ amended by fixing the terms of office of the Governor and other constitutional officers at four years.

By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th.
Senate Resolution No. 10. A resolution proposing an amendment to Article 8, Section 2, Paragraph 1, of the Constitution of Georgia, fixing the term of office of State School Superintendent at four years.

The following resolutions were read and adopted: By Senator Campbell of the 34th, and Senator Edenfield of the 4th.
Senate Resolution No. 11. A resolution amending Senate Rule 135 to

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JOURNAL OF THE SENATE,

add an additional committee on Education and Publi.c School~.
By Senator Couch of the 52nd. Senate Resolution No. 12. A resolution providing for a committee of
three from the Senate to investigate why operators of trackless trolleys are not required to buy tags.
The President appointed as a committee to act under the above resolution: Senators Couch of the 52nd, McGehee of the 25th and Coker of the 89th.
The following resolution was read and taken up for consideration:
By Senators Kiker of the 41st, Cannon of the 40th and Whaley of the 45th. Senate Resolution No. 13. A resolution authorizing the Surveyor-Gen-
eral of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes.
Senator Cannon of the 40th asked unanimous consent to postpone action on Senate Resolution No. 13 until Friday, January 24th, and the consent was granted.
The following privileged resolutions were read and adopted:
By Senator Steed of the 43rd. A resolution extending the privileges of the floor to Hon. James H.
Paschall, Solicitor of the Cherokee Judicial Circuit.
By Senator Milhollin of the 46th. A resolution extending the privileges of the floor to Mrs. B. H. Howard,
publisher and editor of Dawson county.
By Senator Kirkland of the 49th. A resolution extending the privileges of the floor to Mrs. J. H. Clark,
wife of Senator James H. Clark of the 44th.
By Senator Kirkland of the 49th. A resolution extending the privileges of the floor to Hon. B. B. Trapnell,
of the City of Metter.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to Mr. and Mrs. M. W.
Majors, prominent citizens of :Moultrie. By Senator Kirkland of the 49th:
A resolution extending the privileges of the floor to Hon. A. J. Bind, of Metter.
By Senator Coxon of the 2nd. A resolution extending the privileges of the floor to Mrs. John C. Beasley,
of Glennville, wife of the state banking superintendent.

THURSDAY, JANUARY 28, 1941

59

Senator Edenfield of the 4th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Friday, January 24, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Chaplain.

The roll was called and the following Senators answe1ed to their names:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch DaughtTy Dobbs Drake

Edenfield Edwards Fortson Foster Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Mason McGehee

Milhollin Mosley Odom Park Pilcher Rowland Smith, 24th Smith, 3!Jth Steed Striplin Sumner Wall Whaley Mr. President

Senator Odom of the 9th, vice-chairman of the Committee on Journals, l'Cported that the Journal of yesterday's proceedings had been examined and found conect.
By unanimous consent the reading of the Journal was dispensed with, and thf3 Journal was confirmed.
Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business today, follo\\ing 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. Putting on passage uncontested local bills and resolutions. 5. Putting on passage general bills and resolutions. 6. Unfinished business. 7. Special communications, motions, resolutions, and petitions.

The consent was granted.

FRIDAY, JANUARY 24, 1941

61

Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciaty, 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 1eport the same back to the Senate with the following recommendations:
Senate Bill No. 18. Do pass.
Senate Bill No. 21. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
::VIr. President:
Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 3V. Do pass as amended.
Respectfully submitted, Steed of 43rd district, chairman.
Tl}e following bills of the Senate, favorably reported by the committees, were read the second time:
By Senator Park of the l!Jth:
Senate Bill No. 18. A bill to require all persons having claims against the State of Georgia to have the State Auditor to approve them before payment; and for other purposes.
By Senator Sumner of the lOth:
Senate Bill No. 21. A bill to require registration of guests under their true names at tourist camps and like places by whatever name called; to prQvide for penalties for violation thereof; and for other purposes.
By Senator Park of the 19th:
Senate Bill No. 39. A bill to amend Section 59-106 of the Code of Georgia 1933, to add the names of women to jury lists; and for other purposes.
The following privileged resolutions were read and adopted:

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By Senator Fortson of the 50th:
A RESOLUTION
Whereas, the Atlanta Chamber of Commerc~, as joint hosts with the Fulton and DeKalb county delegations in the House and the Senators from the 52nd and 34th districts in the Senate, did most delightfully entertain the members of the General Assembly at a dinner, augmented by a colorful floor show, at the Ansley Hotel Wednesday night, January 22nd, and
Whereas, the Senate and House is deeply appreciative of the honor which was shown the General Assembly through this event,
Now therefore be it resolved, that the thanks of this body is gratefully e:x;tended to the Atlanta Chamber of Commerce, the Fulton and DeKalb delegations, and the Senators from the 52nd and 34th districts, for the courtesy and thoughtfulness shown the General Assembly in giving the dinner in our honor Wednesday night.
By Senator Fortson of the 50th:
A RESOLUTION
\Vhereas, the Senate is fortunate in having among its membership one of the outstanding song leaders and "all day singers" in the state, in the person of the Senator from the 37th district, the Honorable Hugh Striplin, and
Whereas, the Senate is sorely in need of that harmony of spirit that only the harmony of voices can truly reflect, and to attain this much to be desired harmony it ~vould be fitting and proper that the Senate have an official quartet to start the day off each morning with a song in the air,
Now therefore be it resolved, that the Senator from the 37th be and he is hereby designated by the President as a committee of one to form an Official Senate Quartet and call for volunteers from the membership, calling therefrom aU old-time country singers who enjoy joining in the gospel hymns.
Be it further resolved, that when said quartet is organized, the Senate shall challenge the House to a "joint singing" in which shall be dcmonstratrd the harmony that prevails between both branches of the General Assembly and in which shall be determined which side of the General Assembly has the best quartet, a suitable trophy or amard to be provided for the winner of the contest.
By Senator Drake of the 8th: A resolution extending the privileges of the floor to the Ron. John E.
Drake, Judge of the City Court of Bainbridge, Ga.
By Senator Fortson of the 50th: A resolution extending the privileges of the floor to the Ron. Wallace E.

FRIDAY, JANUARY 24, 1941

63

Harrell, former State Senator.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Fortson of the 50th:
Senate Bill No. 24.
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 Washington 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 all of its existing bonded indebtedness and interest thereon due and unpaid as of July 1, 1941, and which becomes due up to and including November 1, 1949; to provide that the funds raised from such additional bonded indebteness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon due and unpaid on July 1, 1941, or which may become due up to and including November 1, 1949; 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 e"lacted by authol'ity of the same, that Article 7, Section 7, Patagraph 1, of t!-te Constitution of Georgia, which has heretofore been amended, shall be fut'ther amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Washington may issue refunding serial bonds not in excess of the agregate sum of $141,000.00, for the purpose of refunding a'1d retiring any bonded indebtedness and interest thereon of said City outstanding due and unpaid on July 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November 1, 1949, 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 fall due; the proceeds of all such 1efunding bonds so issued by the City of Washington to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November 1, 1949. Said Refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Washington charged with the duty of managing its corporate affairs, and shall be validated as provided by Jaw."
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 "nayes" thereon, and published as no,,- provided by Jaw, two months ptevious to the time for holding the next general election, it shall be submitted to the qualified voters of this State at the next general

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JOURNAL OF THE SENATE,

election thereafter for ratification or rejection. All persons voting at said election in favor of adopting the said amendment 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 Washington to issue refunding bonds," a"'d all persons opposed to the! aclr,ption of ~aid 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 Washing-ton to issue refunding bonds." And if a majority of the electors qualified to vote for members o 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 amendment shall become a part of A1ticle 7, Section 7, Paragraph 1, of the Co:'lstitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. 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.

The bill proposing an amendment to the Constitution, a roll call was ordered and the vote 11 as as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron

Drake Edenfield Edwards

Barnhill

Fortson

Bland

Garner

Bradley

Guyton

Burnside Campbell

Hamilton Harrison

Cannon

Hill

Clark Coker Couch Dobbs

Holt Houston Kiker }1ason

McGehee Milhollin Mosley Odom Park Pilcher Rowland Smith, 31Jth Steed Striplin Sumne1 \Vall \Vhaley

Not voting were Senators Coxon, Daughtry, Dorsey, Foster, Franklin, Gross, Kirkland, Lanier, Lewallen, Martin, Ragan, Smith of 24th,
By unanimous consent, the verification of the roll call was dispensed with.

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

The bill, having received the requisite constitutional DIYo-thirds majority,
\Vas i'(:!SSCd.
At this time, Senator Edwards of the Gth, President pro tempore, took

FRIDAY, JANUARY 24, 1941

65

the chair.
The following bills of the Senate were read the third time and put upon their passage:
lly Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and l\Iilhollin of the 46th:
Senate Bill No. 1. A bill to amend an Act creating a Department of Public Safety, by providing for family driver's licenses and prescribing the fees to be paid therefor; and for other purposes.
Senator Bland of the 12th moved to postpone action on Senate Bill No. 1 until Tuesday of next week.
On the motion to postpone, Senator :vlcGehee of the 25th called for 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:

Barg-eron Barnhill Bland Bradley

Burnside Cannon Dobbs Harrison Hill

McGehee Park Pilcher Smith, 24th

Those voting in the negative were Senators:

Adams A lmanrl Campbell Clark Coker Couch Drake Edenfield Edwards

Fortson Foster Garner Guyto'1 Hamilton Holt Houston Kiker Mason

3Iilhollin Mosley Odom Rowland Steed Striplin Sumner Wall Whaley

Senators not voting: Coxon, Daughtry, Dorsey, Franklin, Gruss, Kirkland, Lanier, Lewallen, :vrartin, Ragan, and Smith, 35th.
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to postpone, the ayes were 13, the nays 28, and the motion was lost.
The report of the committee, which was favurabl~; to the passag-e of th~: bill, was ag-reed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, Senator McGehee of the 25th called for the ayes and nays, and the call was sustained.

A roll call was ordered and the vote .was as l"ollows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Dobbs Drake

Edenfie!d Edwards Fortso!l Foster Garner Gross Guyton Hamilton Harrison Hill Holt Houston Mason McGehee

Milhollin Mosley Odom Park Pilcher Rowland Smith, 24th ~mith, 35th Steed Striplin SEmner Wall Whaley

Senators not voting: Coxon, Daughtry, Dorsey, Franklin, Kiker, KirUand, Lanier, Lewallen, Marti:J. and Ragan.

By unanimous consent, the verification of the roll call was disjJensed with.
On the passag-2 of the bill, the ayes were 41, nays 0.

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

Senator McGehee of the 25th moved that cons'deration of all bills, -:xcept Senate Bill No. 2, be postponed until Tuesday of next week.
The motion was lost.
By Senators Redwi>e of the 26th, Whaley of the 45th. Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and :VIilhollin of the 46th:
Senate Bill No. 2. A bill to create the State Hig:1way Board o: Georgia,
and to repeal the Act approved March 3, 1937, creating a State Highvay Board; and for other purposes.

Senator Gross of the 20th moved to post:oone action on all further bills until Tuesday of next !\Veek, and the motion was lost.

Senator Smith of the 24th moved that the Senate do now adjourn until Monday morning at 10 o'clock, and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, JANUARY 24, 1941

67

On the passage of the bill, Senator Redwine of the 26th 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Dobbs Drake

Edenfield Edwards Fortson Foster Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker :\1ason

McGehee Milhollin Mosley Odom Park Pilcher Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Senators not voting: Coxon, Daughtry, Dorsey, Franklin, Kirkland, Lanier, Lewallen, }l[artin and Ragan.

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

On the pa~sage of the bill, the ayes were 42, nays 0.

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

By Senators Redwine of the 26th, Whaley of the 45th, Ec!enfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Mi!hollin of the 46th:
Senate Bill No. 3. A bill to provide for the suspension of the State Treasurer and Comptroller General; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Se1ator Edenfield of the 4th called for the ayes and nays, and the call was sustained.
Senator Dobbs of the 22nd offered an amendment to the bill, which was ruled out of order by the chair, as the report of the committee had been agreed to.
Senator Dobbs of the 22nd moved to reconsider the action of the Senate in agreeing to the report of the committee on Senate Bill No. 3.
The motion .was lost.

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JOURNAL OF THE SENATE,

Senator Bland of the 12th asked unanimous consent to cast his vote on the passage of Senate Bill No. 3 at this time and retire, and the consent was granted.
Senator Bland voted "No'' and was so recorded.
On the passage of the bill, Senator Redwine of the 26th 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:

Adams Almand Bradley Campbell Clark Coker Couch

Drake Edenfield Edwards Guyton Holt Houston Kiker :'tiason

Milhollin Odom Ro,.,land Steed Sumner Wall Whaley

Those voting in the negative were Senators:

Bargeron Barnhill Bland Burnside Dobbs Fortson

Foster Garner GroFs Harrison Hill McGehee

Mosley Park Pilcher Smith, 24th Smith, 3!Jth

Senators not voting: Cannon, Coxon, Daughtry, Dorsey, Franklin, Hamilton, Kirkland, Lanier, Lewallen, Martin, Ragan and Striplin.

The roll call was verified.

On the passage of the bill, the ayes were 22, nays 17.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Houston of the 51st gave notice that at the proper time he would move to reconsider the action of the Senate in failing to pass Senate Bill No. 3.

By Senators Re-dwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Mi~hollin of the 46th:
Senate Bill No. 4. A bill to repeal an Act establishing a State Licensing Board; and for other purposes.

The report of the committee, which '\\as favorable tu the passage uf lhG bill, was agreed to.

FRIDAY, JANUARY 24, 1941

69

On the pa~~a_ge of the bill, the ayes were 31, nays 0.
The bill, having received the requisite com<titutional majority, was passed.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the Glh, and Milho111in of the 46th:
Senate Bill No. 5. A bill to amend Section 92-1407 of the Code of Georgia of 1933 as amended by the Act approved March 18, 1937, known as the :Vlotor Fuel Tax Act; and for other purposes.
The report of the committee, which 'Was favorable to the passage of the bill, was agreed to.
On tbe passage of the bill, the ayes were 3!'i, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Drake of thl' 8th asked unanimous consent that the Senate postpone consideration of Senate Bill No. 6 until Tuesday of next week.
The consent was granted.
Senator Edenfield of the 4th moved that when the Senate adjourns today, it stand adjourned until 11 o'clock Monday morning, and the motion prevailed.
Senator McGehee of the 25th moved that the Senate do now adjourn, and the motion prevailed.
The President pro tempore announced the Senate adjourned until Monday morning at 11 o'clock.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Monday, January 27, 1941

The Senate met pursuant to adjournment at 11 o'clock this morning and '\\as called to order by the President.
Prayer was offered by Rev. H. C. Straton, pastor of the Capitol View Methodist church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found correct.
The following resolution of the Senate was read and adopted:

By Senator Edenfield of the 4th: Senate Reso:ution No. 15. A resolution providing for a joint session of
the Senate and House at 11:30 a.m. Monday, January 27, 1941, for the purpose of hearing a message from the Governor; and providing a committee of two from the Senate and three from the House to escort the Governor to the hall of the House of Representatives for the joint session.

The President appointed as a committee on the part of the Senate under the above resolution, Senators Edenfield of the 4th and Lanier of the 18th.

By unanimous consent, the reading of the Journal was dispensed with.

At this time, the President pro tempore took the chair.

Senator Houston of the 51st moved that the Senate reconsider its action in failing to pass the following bill of the Senate, to-wit:

By Senators Redwine of the 26th, \Vhaley of the 45th, and others:
Senate Bill No. 3. A bill to provide for the suspension of the State Treasurer and Comptroller General; and for other purposes.

On the motion to reconsider, Senator ::vrcGehee of the 25th called for the ayes and nays, and the caN was sustained.

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

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bradley Burnside

Campbell Cannon Clark Coker Couch Coxon

Daughtry Dobbs Drake Edenfield Edwards Fortson

MONDAY, JANUARY 27, 1941

71

Foster Guyton Hamilton Holt Houston Kiker

Kirkland Mason Milhollin Mos!ey Odom Rowland

Steed Striplin Sumner Wall Whaley

Those voting in the negative were Senators:

BJad Franklin Gross Harrison

Hill Lanier McGehee Park

Pilcher Smith, 24th Smith, 35th

Senators not voti'1g: Dorsey, Garner, Lewallen, Martin and Ragan.

By u>:animous consent, verification oZ the roll call was dispensed with.

On the motion to recons:der, the ayes were 35, nays 11.

The motion prevailed and the bill took its p~ace at the foot of the calendar.

At this time, the President returned to the chair. Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing have read and examined the following
bills a,d resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 1. Senate Bill No. 2. Senate Bill No. 4. Senate Bill No. 5.
Senate Bill No. 24. Senate Resolution No. 15.
Respectfully submitted, Hill of 36th district, chairman.

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

JOUR~AL OF THE SENATE,
Mr. President:
The House has passed by thP rPquisite constitutional majority the following bills of the Hous<> to-wit:
By Messrs. Grice, \Veaver and Bloodworth of Bibb: House Bill ~o. 35. A bill to be entitled an Act to co';solidate the office of
Tax Collector and Tax Receiver and create the office of Tax CommissionPr of Bibb County; and for other purposes.
By Mr. Smiley of Liberty: House Bill No. 115. A bill to be entitletl an Act incorporating the City
of Flemington; and for other purposes.
The House has adopted the following rPsolution of the Senate, to-wit:
By S~nator F:denfield of the 4th: Senate Resolution No. 15. A resolution providing for a joint session of
thP General Assembly for the purpose of hearing an address by the Governor, and providing for a joint committee of escort, two on the part of the Senatl' and three on the part of the House.
Under the provisions of Senate Resolution No. 15, the S!Jeaker has appointed as a committee of escort on the part of the House, tht> following:
Messrs: Blease of Brooks, Mcintosh of Mcintosh, and Sills of Candler.
The hour of convening the joint session of the Senate and House under thC' provisions of Senate Resolution No. 15 having arrivt>d, the President, accompanied by the Secretary and Senators, proccPded to thl' hall of tht> HousP of RE'presentatives to hear an addre~.s by His Excellency, the Governor.
The joint session was called to order by the President.
The resolution authorizing the joint session of the Senate and House was read by the Secretary of the Senate.
His F:xceiiPncy, the Governor, addressed the General Assembly as follows:
Message to the General Assembly of Georgia
By Hon. Eugene Talmadge, Governor,
On Monday, January 27, 1!141.
To the Members of the General Assembly:
The financial problems confronting this administration are tTemendous, and it is only by the grace of God that the State is not in bankruptcy today.

:\iONDAY, JANUARY 27, 1941

73

Back in Deccmber, 1!13G, there were only three items of indebtedness that wcre not covercd in the agencies' hands, and they were the Agricultural Departnwnt, $G!l,fi 1R.4R; Fish and Game Department, $12,7R:J.4G, ar.d the l\1illedgeville State Hospital, $:120,22G.40, all of which could have been paid if I had had the authorit:: to make use of the $7!JG,140.31 unalloted funds that were included i;1 the $11,2R!l,S24.23 cash balances which were in the banks of the State to the credit of the State of Georgia.
In J an,u:ry, 1937, in the H ig'r,.,, ay Department alone, was left a fund of $S,773,G32.78 in cash to apply on contracts maturing after my term of oaice expired, and the balance sheet of this department did not show any unpaid obligations.
\\'hat is the situation now? The balance sheet of the Highway Department at Dec(mber :nst, 1!HO, shows that they had $10,799,145.24 past due obligations and purchase orders unliquidated, and $8,S'ifi,303.99 commitments which will matu1e, and they had only $R44,000.00 in cash against which checks had been 1nitten in the amount of $1,2R2,809.57.
You can see that im:tead of leaving $S,773,000.00 cash to apnly on commitments this admi11istration is being left with obligations of over $18,000,000 in the Highway Department alone, which must be absorbed over the next few years, if we are to continue a highway construction program.
vVe did not owe the schools one dime on December 31, 1936. No'IY we are confronted with the liquidation of a $3,921,G25.28 school debt to the teachers and counties, a $717, 13R.5S Textbook obligation, and a $3,500,000 school loan. In additio'1 to these debt items, we are confronted with the neccssity of providing $3i,400,000 in the next bree months fo1 thc January, February and :\larch teachers' salaries and Equalization Fund.
The l\Iilledgevi!le State Hosnital has an indebtedness of $152,000.00 which must be liquidated, in addition to operating the institution, and pay the $200,000.00 annually, which we are required to repay on the $3,000,000 bo!'l'O\\"ed to build the new hospital buildings.
I understand that all of these buildings have becn completed, This is watcr over the dam.
We should certainly pay the debt.
The Institution Building Program has a past duc obligation of $100,000.00 which must be liquidated.
The State Board of Penal Conections has unpaid obligations of $1G0,533.00 which must be liquidated in addition to operating the Prison.
All of the above items have bePn rcported in Budget requests received to date. However, there may be other items that will develop later.
In order to put the finances of the State on a sound basis, I have inaug-

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JOURNAL OF THE SENATE,

urated a Budget control that will allow the State agencies to exnend only the amounts provided for in the budget. It is not my inte!:tion to curtail any of the essential services of the State, but it is my intention to reduce the overhead cost of rendering these services to the necessary minim~1m.
Under the present laws, there is no purnose in making an effort to hold the cost of overhead down because the funds thus saved canr,ot be used for any other purpose.
I have approved the budget o:Z the Educational Department, which curtails the overhead of the department but provides for full payment of teachers' salaries for January, February and :JIJ:arch. It also provides for the back debt due the teachers, and the payment of the Equalization Fund and Textbook Fund.
If the General Assembly sees fit to empower the Executive Department with the powers necessary, this budget will be canied out in full.
I will have before me this morning the Public \Vel:!'are Department budget which curtails the overhead of the Department, but provides for the increase in pension rolls in the next six months by 18,300 persons, raising the number on the roll to approximately 70,300 :rom the 52,027 on the rolls in December, 1940. This will also be carried out if the General Assembly passes the proper law for the Chief Executive to enforce the budget.
Provisions are also made that the State institutio'ls, the University System, Public Health, and Highway Department, will be adequately financed.
The budget I have set up provides for the full payment of the one cent per gallon gas tax allocated to the different counties of the State.
Members of the General Assembly, House Bill No. 1, which 1-tas been before the Committee of the House providing :Zor any money saved quarterly by the several departments of State to be immediately available for paying the past due valid debts of the State, will Enable the Chief Executive to carry out the budget that I have just outlined to you.
The Ge!leral Assembly of 1937, '.'rith over $11,000,000 in cash in the Treasury, and with an outstanding debt of less than half a million dollars, provided for an equalization fund. This Equaliza-tion Fund provided for all unus:d funds in each department at the end of the year to go to that fund.
This bill was passed by the wisdom of the General Assembly at a time when we had no outstandi"lg indebtedness, and millions of dollars in the State Treasury.
These funds can be applied to the valid debts du2 by the State of Georgia.
I might add that we '\\ill have a commission composed of the Governor, the State Auditor, and the Chairman of the Highvay Depal'tment, to look into and see where there is a valid debt on any of the claims against the Highway

MONDAY, JANUARY 27, 1941

75

Department.
And, I might add this: There is a bill pending before you, asking that the Highway Department have the authority to pay a debt, if it is tra!1sfetTed. That is, if the contractor or material man has a bill that is past due, if this bill has been checked by the auditor, and :finds that there is no claim as to its validity, to give the Highway Department authority to pay the claim.
If this is done, there are a great many claims in the hands of parties who are not able to collect them, but the banks have assured me that their discount rates M'ill not be over two or two and one-half percent per annum.
It might be that we will be able to get it as low as one and one-half percent.
A number of bills have been intrcduced in the House and the Senate, and I think that some of them have been before you.
I looked over them this morning for the first time since they have been drawn, and after looking them over, I think a few amendments would clarify them more.
Senate Bill No. 2: Ame'1d this bill by providing for the two members of the Highway Board to be compensated for their subsistence while attending to the duties in the office of the State Highway Board. In the original bill, it only specified compensation for their traveling expenses, .but when you pay them only $10.00 per day, I think that they should have compensation for their subsistence while here looking after the affairs of the State.
I think a further ame"ldment should be added, providing for regular monthly meetings of the Board, to be fixed by the Board, and not to exceed two days at each meeting.
Of course, in the case of an emergency, the chairman can call an extra meeting of the Board.
This was the first general law of our Highway Board, providing for board meetings. It provided for terms of office.
I think that this law as originally drawn, with one slight amendme:1t, is the best that any State in the Union could have. This is for the members of the Highway Board, the commissioners appointed, for their term of office to coincide with that of the Governor. When anyone reaches the point where he feels that he has a monopoly on e. certain job, it is not for the best interests of the State.
If their jobs are subject to the election in the State, their services will be found to be in the interest of the State, and not in perpetuating themselves into office.

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JOURNAL OF THE SENATE,

By cutting down the amount paid to the two Highway Commi~~ioners to $10 per day ~' hile !~erving at the meetings, and reduchg thl salary of the Chairman of the Board to $5,000 per annum, it will savt> a lot o; monPy in the Highway Department right there in one place.
There arc other bills pending that are cutting salaries to $ii,OOO J'll't' annum.
I was a little chagrined this morning when I found a bill in reference to the Governor's salaty, providing for $7,500 per annum. I had ashd them to make that $ii,OOO per annum, and I ask you again.
I find that some of the salaries of State officials are fixed by the Constitution. The Treasurer's salary wall $2,000.00 per annum, fixed by the Com;titution, and the salary of the Secretary of State was $2,000 ot $:1,000 per annum, plus an amount set aside for oaice expense!~.
If I was a member of the General Assembly, I would certainly vote. I don't think that any official of the State should receive more than $!i,OOO per annum.
There is only one certainty. in this world, and that ill "changl". \Ve can count on this.
We have war clouds over us no\\, but within a few years they will clear a;way. And, when the war stops over in Europe, they will hit the sand here in America.
You talk about salaries! You will see the greatest reduction that you ever dreamed of. Look at the stoty of Europe. Look at the changes that have been brought about. Thf' highest salaries paid in tht> world have droppPd to $75 pet month. God forbid that those war clouds reach American soil. If that war stops over in Europe, we will have the greatest economic war that you ever heard of.
You no doubt remember in the history of Europe, after the war was over and the depression set in, they either recluced the salariC?s, or ran those officers down and cut off their heads.
\Vhy do we have so many applications for jobs? The political job!~ are more attractive than private jobs.
I believe in having patriots, not for revenue only!
All of you know how it pays. Practically all of you before me came to the General Assembly at a financial sacrifice. \Vhy arc you making this sacrifice and the others not?
Under House Bill :r\o. I, if the General Asse;nbly in their wisdom sees fit to adopt this met:1od to pay this debt, a'ld if it is not adopted, I know of only one way to meet it, and that is to increase taxes.
I have never approved a tax increase in my life, and I hope that I never

MONDAY, JANUARY 27, 1941

77

will, but I will approve a tax increase if it is absolutely essential to pay the valid debts of the State.
Now, there is another bill: 'Ve State officials took before you the oath, 8Wearing to Almighty God to preserve and uphold the Constitution and la,ws of our State-the same oath that you took-not only the Governor, but the State Treasurer, and all of the other elected officials of the State.
The Co"'ls.titution of 1877 provided for a State Treasurer, and said that the General Assembly by legislation should provide his duties, his authority, and whatever else it was they '\V,ould name it.
Right after the adoption of this Constitution, the General Assembly met in 1879, and in their determination to carry out the spirit of the Constitutiion, we find Hon. L. F. Garrard, from the County of Muscogee, introduced a bill providing that if the Comptrollet' General, or the State Treasurer, became in~ane, ot neglected the duties of the office, or handled them in a way detrimental to the State, he would be suspended until the meeting of the next General Assembly, at which time this would be reported to the General Assembly.
I called up our State Librarian this morning, and found that that great statesman, Garrard from Muscogee County, introduced that bill, and it passed the House and Senate '' ithout a dissenting vote, and it was a law of Georgia for fiity-four years..
The Ge'1eral Assembly, in 1D3:'i failed to pass or amend the general appropriation bill. But, the General Assembly cannot abolish the State. No one can except the people.
If the Genetal Assembly should fail to pass an appropriation bill it will be the same as abolishing the State of Georgia.
In 1!J:l5, they failed, not to pass an appronriation bill, but they failed to amend it. The Constitution says in effect, "until altered". "'hen they failed to amend it, the last Appropriatio!l Bill was the law of the State of Geotgia, and the Governor at that time, trying to carry out the af::'airs of the State, called on the Attorney General for a ruling, and the State Treasurer was furnished with a ruling that it was his duty to pay out the monies for that purpose.
Of first importance was the poor, pitiful people over at Milledgeville, and the Comptroller General and the State Treasurer, although there <wete millions of dollars in the Treasury, refused to pay one dime.
With a rulin,g from the Attorney General stating that it was the duty of those officials to pay out this money, what could you do?
Love is the most powerful weapon on this earth. You cannot stand against it.

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JOURNAL OF THE SENATE,

What is the duty of the Chief .Executive today'? To carry out the laws of the State.
At the annual session of the Legislature, that 54-year-old law was changed. It becomes more neces~.ary tnat the Treasurer follow the requisition of the Chief Executive when he has a ruling from the Law Department that it is legal to do so, regardless of who is Treasurer.
If you members of the General Assembly, when you have arranged the affairs of State and go home, if you don't feel that you left the Governor there to carry out those duties, you would not have any respect for him.
Since we have biennial sessions now, I think that on that bill giving suspension of powers to the Governor, you should have an amendment providing that the Governor should be given the authority to call a session of thirty days to report any suspension, and when it is reported to the General Assembly, t):Ien the representatives of the people have the right to up.hold the suspension and make it valid, or reinstate the suspended official.
Not only would t.hat hurt me, because we judge the future by the past. Not only would this law make it easier for the present, but some of us are hoping that probably our oons may be in control o:Z the affairs of the State.
Do we want to put a Treasurer superior to the Governor'? Let him say what debts should be paid'?
The Constitution that those men of wisdom who were here in 1879 wrote, were alive when Judge Park, and Mr. McGehee were here, and I was not born.
Those men in that time felt that in the time to come that our Constitution would stand, and said that this amendment was one that 1\Yould protect the State.
I am serious in reference to these salary curtailments, and am appointing each of you to be a committee on reducing salaries. Why?
It is wrong to cut a little clerk or stenographer and not hit the big boys one dime.
Talk about paying people to be patriots! When you begin paying them to be patriots, you are making sap-suckers out of them.
If you are trying to make the burdens of those people out yonder lighte1, look at them toiling, looking to you to help them.
Who ever saw a Justice of Peace get rich'? When you see them, they are giving their whole soul and heart towards trying to correct the wrongs.
There are greater things in life besides getting money.
Let's forget that now. I am glad to be with you.
I never had the pleasure of being a member of the General Assembly.

MONDAY, JANUARY 27, 1941

79

I tried hard enough, but the people would not agree with me back home.
I am proud t~at you are here. I want you to come to see us. Any time that thete are problems that come up, and you feel that suggestions from me can help, I want you to come to see me, and I will do all that I can to help con ect them.
we want to see thes::! debts paid, and taxes cut. Our :?ederal taxes are going up by leaps and bounds. Georgia is poorer today than she was eight years ago.
We are here to help those 1who are out there, paying those taxes. If you come out to see me, and I get on a high horse, I want y.ou fellows to get me right.
I am a politician too. I was a statesman for years, but I am a politician now.
Remember this: If a politician has good sense, he is not going around looking for rows and trying to fire people.
I am glad to have been with you, and any time that I can be of service to you, don't hesitate to call on me.
}ir. Culpepper of Fayette moved that the joint session of the General Assembl~ do now dissolve, a:d the motion prevailed.
Tl'>e Senators rcturned to the S::nate Chamber and the Senate was called to order by the President.
The Journal 1\\ as confirmed.
Senator Campbell of the 34th asked unanimous consent that all Senators having bills or re~olutions to introduce be allowed to do so at this time, and the consent was gra'!tcd.
The following bills and resolutior.s were introduced, read the first time, and reierred to committees:

By Senator Ed"ards of t!-le 6th:
Senate Bill No. 45. A bill to amend Section 20-505 of the Code of Geotgia, relative to gaming contracts, by striking words "four years" and inserting in lieu thereof the words "six months"; and for other purposes.
Referred to Committee on Ge:'leral Judiciary No. 2.

By Senator Edwards of the 6"th:
Senate Bill No. 46. A bill to ratify an Executive order dated April 5, 1940 ~mper.cling the collection of certain taxes due the Bmeau of Unemployment Comp~mation; and for other purposes.
Refencd to Committee on Industrial Relations.

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JOURNAL OF THE SENATE,

By Senator Kirkland of the 49th:
Senate Bill No. 47. A bill to propose to the qualified voters of Georgia an amendme'1t to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the Claxton School District of Evans County to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.

By Senator Campbell of the 34th:
Senate Bill No. 48. A bill to amend an Act to abolsh the fee system now existing- in the Superior Courts of the Stone Mountain .Judicial Circuit, as applied to the office of Solicitor-General; and for other purposes.
Referred to Committee on General Judiciary l'\o. 1.

By Senator Fortson of the 50th: Senate Bill No. 49. A bill to amend Section 32-!!17 of the Code of
Georgia providing for the consolidation of school districb; and for oth~r purposes.
Referred to Committee on Education and Public Schools No. 1.
By Senator Gross of the 20th: Senate Bill No. 50. A bill to amend Section 84-1:3 I;) of the Georgia
Code relati'lg to the qualifications of applicants for 1egistration as pharmacists by providing exceptions; and for other purposes.
Referred to Committee on Hyg-iene and Sanitation.
By SEnator Odom of the 9th: Senate Bill No. 51. A bill to amend Section :32-\!48 of the Code of
GLo1gia creating an equalization fund by limiting the use of anv such funds received by a county or other local unit of admi'listration for the purpose of paying- past-due teachers' salaries; anJ for other purposes.
Referred to Committee on Education and Public Schools No. 2.
By Senator Couch of the 52nd: Senate Bill No ..)2. A bill to amend Chapter U:l-:l of the Code of GLorgia
relating to the jurisdiction of the Georgia Public Service Commission; and for other purposes.
Referred to Committee on Public Utilities.
By Senator \Vhaley of the 45th: Senate Resolution No. 1G. A resolution proposing to the qualified voters
of Georgia a1 amendment to Article VII, SPction II, ParagTaph IIA uf the Con><titulion of Georgia, lo exempt certain new industries from lhP payment

MONDAY, JANUARY 27, 1941

81

of county ad valorem taxes in Telfair County; and for other purposes. Referred to Committee on Amendments to Constitution.
By Senator Fortson of the 50th: Senate Resolution No. 17. A resolution proposing to the qualified voters
of the State of Georgia an amendment to Article 5, Section 1 of the Constitution of Georgia to limit the pardoning power of the Governor by providing that the Solicitor-General and the Judge of tlhe Court in which the defendant was convicted must recommend the pardon before the same can be granted by the Governor; and for other purposes.
Referred to Committee on Amendments to Constitution.
The following resolution was read the first time, and ordered to lay on the table for one day:
By Senator Couch of the 52nd: Senate Resolution No. 18. A resolution alleging that there has been
irregularity in the purohase of gasoline by the State Highway Board, the charge being that the gasoline distri.butors, acting in collaboration 'With State Officers have exacted from three cents to five cents per gallon more for their product than was exacted for the same product from the City of Atlanta, or Fulton County.
Under the order of unfiniflhed business, the following resolution of the Senate was taken up for consideration:
By Senators Kiker of the 41st, Cannon of the 40th, and others: Senate Resolution No. 13. A resolution authorizing the SUJvcyor-General
of Georgia to survey the state line between Georgia and North Carolina, and Georgia and Tennessee; to provide for the payment of expenses thereof; and for other purposes.
Senator Lanier of the 18th moved to commit the resolution to the Committee on Interstate Co-operative Council of State Government, wibh instructions to report the same back to the Senate recommending that the expense of the survey not exceed a certain maximum sum, and the motion prevailed.
The following bills of the House were read the first time and referred to committees:
By Messrs. Bloodworth, Weaver and Grice of Bibb: House Bill No. 35. A bill to consolidate the offices of Tax Collector
and Tax Receiver of Bibb county; to create the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.
By )'l.r. Smiley of Liberty:

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House Bill No. llli. A bill to incorporate the City of Flemington; and for other purposes.
Referred to tlhe Committee on Municipal Government.
Senator Edenfeild of the 4th moved that the Senate do no!W adjourn, and the motion prevailed.
The President announced the Senate adjoumed until tomorrow morning at 10 o'clock.

TUESDAY, JANUARY 28, 1941

83

Senate Chamber, Atlanta, Georgia, Tuesday, January 28, 1941.

The Senate met pu11suant to adjournment at 10 o'clo-ck this morning 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 Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

Senator Odom of the 9th asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Education and Public Schools No. 2.

By Senator Odom of the 9th: Senate Bill No. 51. A bill to amend Section 32-948 of the Code of
Georgia of 1933 creating and establishing an equalization fund and providing for its distribution; and for other purposes.
The consent was granted.
Senator Odom of the 9th asked unanimous consent of the Senate that Senate Bill No. 51 be withdrawn from further consideration of the Senate, and the consent was granted.

The President asked the unanimous consent of the Senate to add the name of Senator Campbell of the 34th to the Committee on General Judiciary No. 1, and the consent was granted.

The President announced the ap{:ointment of the following on the Committee on Education and Public Schools No. 2:

Coxon, Chairman Steed, Vice-Chairman
Adams Bland Burnside

Clark Edenfield Mosley Rowland Whaley

Mr. Holt of the 48th 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

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JOURNAL OF THE SENATE,

Senate Resolution No. 16. Do pass.

Senate Bill No. 47. Do pass.

Respectfully submitted, Holt of 48th district, chairman

Mr. Drake of the 8th 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. 29. Do pass.

Senate Bill No. 30. Do pass.

Senate Bill No. 20. Do pass.

Senate Bill No. 31.

Do pass.

Respectfully submitted, Drake of 8bh district, chairman.

:Mr. Houston of the 51st 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 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.

Senate Bill No. 37. Do pass.

Senate Bill No. 38. Do pass by substitute.

Senate Bill No. 25. Do pass.

Senate Bill No. 17. Do not pass.

Respectfully submitted, Houston of 51st district, chairman.

Senators Drake of the 8th and Odom of the 9th submitted the following minority report:

General Judiciary No. 1 of the Senate having under consideration Senate

Bill No. 17 to repeal the la,w as to the payment of Poll Tax as a prerequisite

to voting. Having. reported that said bill do not pass.



TUESDAY, JANUARY 28, 1941

85

We the undersigned, as members of said committee, file this minority report and recommend to the Senate that said bill do pass.

This January 27, 1941.

J. A. Drake, Benton Odom.

Under the heading of special orders of the day, the following hill of the Senate was read t:he third time and put upon its passage:

By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:

Senate Bill No. 6. A bill to regulate the granting of paroles and conditional pardons to persons convicted of violations of the penal laws; and for other purposes.

Senator Campbell of the 34th offered a substitute to the bill.

Senator Lanier of the 18th offered an amendment to the substitute.

Senator Park of the 19th offered an amendment to the original bill.

The President stated that under the rules, the original bill would be perfected first and then action taken on the su:bstitute.

Senator Edwards of the 6th moved to table the bill with the substitute and all amendments, and the motion prevailed.

Senator Lanier of the 18th moved that the bill be taken from the table.
The President ruled that the motion to take from the table was not de'batable.

Senator Burnside of the 29th asked unanimous consent to ask the author of the substitute to Senate Bill No. 6, Senator Campbell of the 34th, a question.

Senator Edwards of the 6th objected.

On the motion to take from the table, the ayes were 21, nays 18, and the motion prevailed.

Senator McGehee of the 25th moved that further action on the bill, substitute, and all amendments .be indefinitely postponed.

Senate Rule No. 68 was read.

At this time, Senator Edenfield of the 4th took the chair.

Senator McGehee of the 25th asked unanimous consent to withdraw his motion to indefinitely postpone the bill, and the consent was granted.

Senator Houston of the 51st moved that Senate Bill No. 6, its substitute, and all amendments, be recommitted to the Committee on State of Republic, and the motion prevailed.

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JOURNAL OF THE SENATE,

At this time the President returned to the chair.

Senator Campbell of the 34th moved that the following bilJ of the Senate be recommitted to the Committee on State of Republic:

By Senators Redwine of the 26th, Whaley of the 4Mh, Edenfield of the 4th, Campbell of the 34th, Ed;.,ards of the 6th, and Milhollin of the 46th:
Senate Bill No. 7. A bill to create the office of State Superintendent of Prison Farms; to abolish the Board of Penal Corrections; and for other purposes.
The motion prevailed.
Senator Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted.

The following bills were introduced, read the first time, and refened to committees:
By Senator Odom of the 9th: Senate Bill No. 53. A bill to regulate the expenditure by the County
Board of Education of the equalization fund provided for the common schools by 32-948 of the Code of 1933; and for other purposes.
R-ferred to Committee on Education and Public Schools No. 1.

By Senator Edenfield of the 4th: Senate Bill No. 54. A bill to amend Georgia Laws, 1935, page 381, relat-
ing to confirmation of sales under foreclosure proceedings on real estate; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Coker of the 39th: Senate Bill No. 55. A bill to amend the act approved March 30, 1937,
authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service; and for other purposes.
Referred to Committee on Insurance.
By Senator Burnside of the 29th: Senate Bill No. 56: A bill to amend an Act entitled "An Act to provide
the establishment of a Department of Labor," providing that the commissioner of Labor shall in the future be appointed by the Governor and not elected by the people as provided in said act; and for other purposes.
Referred to Committee on Industrial Relations.
By Senator Burnside of the 29th: Senate Bill No. 57. A bill to provide additional compensation for sheriffs

TUESDAY, JANUARY 28, 1941

87

and clerks of court in certain counties of this State; and for other purposes. Referred to Committee on Special Judiciary.
The following bills and resolutions, favorably reported by committees, were read the second time:
By Senator Couch of the 52nd: Senate Bill No. 20. A bill to abolish the offices of Tax Receiver and of
Tax Collector of Fulton County, Georgia, to create the office of County Tax Commissioner of Fulton County, Georgia; and for other purposes.
By Senator Almand of the 27th: Senate Bill No. 23. A bill providing that any person '\vho shall desecrate
the burial place of any human body with intent to rob, steal, mutilate, or maliciously molest the remains interred therein, shall be punished by death, or life imprisonment; and for other purposes.
By Senator Park of the 19th: Senate Bill No. 25. A bill to estop life insurance companies doing :busi-
ness in Georgia from pleading misrepresentations after twelve months from date of policy; and fot other purposes.
By Senator Couch of the 52nd: Senate Bill No. 29. A bill to amend the act creating a County Planning
Commission for Fulton C-ounty; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 30. A bill to transfer to the County Tax Collector, duties
now imposed upon County Registrars in counties having a population Of 200,000 or more; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 31. A bill to amend Section 92-3715 of the Code of 1933,
relative to County Taxation and Pauper Tax, so as to provide that said tax will not exceed one and one-fourth mills except by two-thirds vote of two successive Grand Juries; and for other purposes.
By Senator Hill of the 36th: Senate Bill No. 37. A bill to repeal an Act entitled "Meriwether Superior
Court-Two Terms", to provide for holding four tetms in each year of the Superior Court of Meri.wether County; and for other purposes.
By Senator Hill of the 36th: Senate Bill No. 38. A bill to repeal an Act establishing the City Court
of Greenville, in and for the County of Meriwether to define its jurisdiction and powers; and for other purposes.
By Senator Kirkland of the 49th:
Senate Bill No. 47. A bill to propose to the qualified voters of Georgia

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JOURNAL OF THE SENATE,

an amendment to Article 7, Section 7, Paragraph 1, of -the Constitution of Georgia authorizing the Claxton School District of Evans County to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring a portion of its bonded indebtedness; and for other purposes.
By Senator Whaley of the 45th: Senate Resolution No. 16. A resolution proposing to the qualified voters
of Georgia for ratification or rejection an amendment to Article VII, Section II, Paragraph IIA of the Constitution of Georgia, to exempt certain new industries from the payment of county ad valorem taxes in Telfair County; and for other purposes.
Senator Edenfield of t'he 4th asked unanimous consent of the Senate that . the Senate stand adjourned at 11 :30 o'clock, and the consent was granted.
Under the regular order of .business, the following bill of the Senate was read the third time and put upon its passage:
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Ed,wards of the 6th, and Milhollin of the 46th:
Senate Bill No. 8. A bill -to repeal an Act approved March 30, 1937, establishing the Georgia Radio Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the .bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majotity, was passed.
The hour of adjournment having arrived, the President declared the Senate adjourned until tomorrow morning at 10 o'clock.

WEDNESDAY, JANUARY 29, 1941

89

Senate Chamber, Atlanta, Georgia, Wednesday, January 29, 1941.

The Sen~te met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. W. Lee Cutts, pastor of the Capitol Vie1w Baptist Chlilch, Atlanta, Ga.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-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 Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted.
The follo,wing bills were introduced, read the first time, and referred to committees:
By Senator Coxon of the 2nd: Senate Bill No. 58. A bill authorizing the appointment and prescribing
the powers and duties of special policemen for the protection and preservation of public property; and for other purposes.
Referred to Committee on Military Affairs.
By Senator Coxon of the 2nd: Senate Bill No. 59. A bill to amend Section 88-801 of the Georgia Code
of 1933 relating to registration by owners of explosives and obtaining a license authorizing the ownership, possession and control of the same by providing that the ordinary may refuse to issue a license upon the finding of certain facts; and for other purposes.
Referred to Committee on Military Affairs.
By Senator Coxon of the 2nd: Senate Bill No. 60. A bill prov~ding for fresh pursuit by military forces,
and authorizing this state to cooperate with other States therein; and for other purposes.
Referred to Committee on Military Affairs.
By Senator Coxon of the 2nd: Senate Bill No. 61. A bill to protect property by making criminal certain
unlawful entries on, injuries to and interferences with property, authorizing

90

JOURNAL OF THE SENATE,

the closing of highways, and to provide penalties; and for other purposes. Referred to Committee on Military Affairs.
By Senators Coker of the 39th, and Steed of the 43rd: Senate Bill No. 62. A bill to amend Section 92-1410 of the Code of
Georgia of 1933, as amended by the Act approved December 24, 1937 (Ga. Laws Extraordinary Session 1937-38; and for other purposes.
Referred to Committee on Highways and PubHc Roads.
By Senator Wall of the 28th: Senate Bill No. 63. A bill to require that all defendants in misdemeanor
cases be bound over to the County or City Courts for trial; to provide for the transfer of indictments and presentments from the Superior Courts to the County and City Courts; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Wall of the 28th:
Senate Bill No. 64. A bill to amend Section 58-207 of the Civil Code of Georgia of 1933 by adding thereto an additional sub-section to be known as subsection (e) so as to provide that owners, claimants, and other parties having an interest in vehicles and conveyances seized under the provisions of said Section may give bond for such vehicles; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Wall of the 28th: Senate Bill No. 65. A bill to regulate attachments for contempt in judg-
ments and decrees for permanent alimony in cases of total divorce; to require trials by jury; to authorize certain defenses; to limit the term of imprisonment; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senators Edwards of the 6th, and Campbell of the 34th: Senate Bill No. 66. A bill governing and regulating the use of the
public roads and public highways of this State, according to recommendations of the Highway Transpo1t Committee of the American Association of State Highway Officials and the United States Bureau o.f Public Roads; and for other purposes.
Referred to Committee on Motor Vehicles.
By Senators Edwards of the 6th, and Campbell of the 34th: Senate Bill No. 67. A bill to repool Section 68-1001 of the Ge.orgia
Code of 1933 providing for authority to State Revenue Commission to negotiate reciprocal agreements relative to the license tags of motor carriers; and for other purposes.
Referred to Committee on Motor Vehicles.

WEDNESDAY, JANUARY 29, 1941

91

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of tl1e House to-wit:

By Messrs. Bloodworth, Weaver and Grice of Bibb: House Bill No. 33. A bill to be entitled an Act to amend the charter
of the City of Macon; and for other purposes.

.BY :Messrs. BloodwoPth, Weaver and Grice of Bibb: House Bill No. 34. A bill to be entitled an Act to amend the charter of
the City of Macon and for other purposes.

By Messrs. Bloodworth, Weaver and Grice of Bibb:
House Bill No. 36. A bill to be entitled an Act to amend an Act entitled an Act to establish the City Court of Macon in and for the County of Bibb; aJ'ld for other purposes.

By Mr. Clements of Calhoun:
House .!:Sill No. 40. A bill to be entitled an Act to amend the charter of the City of Arlington, providing an act for Arlington; and for other purposes.

By Mr. Mcintosh of Mcintosh: House Bill No. 43. A bill to be entitled an Act to repeal an Act relating
to Live Stock Dealers in Mcintosh County; and for other purposes.

By Mr. Bowen of Pierce: House Bill No. 69. A bill to be entitled an Act to amend an Act creating
the Board of Commissioners of Roads and Revenues for the County of Pierce; and for othe'! purposes.

By Mr. Johnson of Chattahoochee: House Bill No. 72. A bill to be entitled an Act to reduce the bond of
the Sheriff of Chattahoochee County; and for other purposes.

By Messrs. Parker and Roberts of \Valton: House Bill No. 104. A bill to be entitled an Act to amend the charter
of the City of Monroe by providing that the city Recorder shall be elected by the Mayor and Council; and for other purposes.

By Mr. Hogg of Marion: House Bill No. 131. A bilJ to be entitled an Act to repeal an Act entitled

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JOURNAL OF THE SENATE,

An Act to creat the Board of Commissioners of Roads and Revenue of Marion County; and for other purpose!'.
By Mr. Hogg of Marion: House Bill No. 132. A bill to be entitled an Act to create the office of
Commissioner of Roads and Revenues; and for other purposes.
By Messrs. Grice, Weaver and Bloodwo1'th Of Bibb: House Bill No. 74. A bill to be entitled an Act to establish the City Court
of l\Iacon in and for the County of Bibb, and for other purposes.

By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee:
House Bill No. 1. A bill to be entitled an Act to fix the PO'I\'ers of the Govemor in administering appropriations acts; to provide for the ascertainment of surplus in appropriations and allocations above quarterly approved budgets; to make provision for the disposition thereof; to appropriate such surpluses, and for other purposes.
By Mr. Jackson of Henry: House Bill No. 76. A bill to be entitled an Act to abolish the County
Court of Henry County, and for other purposes.
By Mr. Jackson of Henry: House Bill No. 77. A bill to be entitled an Act to establish a City Court
of Henry County, and for other purpose!'.
By Mr. Gowen of Glynn: House Bill No. 127. A bill to be entitled an Act to amend the charter
of the City of Brunswick so as to autho1ize and empower the city commission to close certain streets and alleys, and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliot of Muscogee:
House Bill No. 1. A bill to be entitled an Act to fix the powerg of the Governor in administering appropriations and allocations above quarterly approved budgets; and for other purposes.
, Referred to Committee on State of Republic.
By Messrs. Blood,lvorth, weaver and Grice of Bibb: House Bill No. 33. A bill to be entitled an Act to amend the charter of
the City of Macon; and for other purposes. Referred to Committee on Municipal Government.

WEDNESDAY, JANUARY 29, 1941

93

By Messrs. Bloodworth, Weaver and Grice of Bibb: House Bill No. 34. A bill to be entitled an Act to amend the charter of
the City of :vlacon; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 36. A bill to be entit!ed an Act to amend an Act en-
titled an Act to eEtablish the City Court of Macon in and for the County of Bibb and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Clements of Calhoun: House Bill No. 40. A bill to be entitled an Act to amend the charter of the
City of Arlington, providing for an act for Arlington; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Mcintosh of Mcintosh: House Bill No. 43. A bill to be entitled an act to repeal an act relating
to Live Stock Dealers in Mclntosh County; an~! for other purposes. Referred to Committee on Counties and County :.\fatters.
By Mr. Bowen of Pierce: House Bill No. 6!J. A bill to be entitled an Act to amend an Act creating
the Board of Commissioners of Roads and Revenues for the County of Pierce; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Johnson of Chattahoochee: House Bill No. 72. A bill to be entiled an Act to reduce the bond of
the Sheriff of Chattahoochee County, Georgia; and for other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Grice, \"\1 eaver and Bloodworth of Bibb: House Bill No. 74. A bill to be entitled an Act to establish the city
court of Macon in and for the County of Bibb; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Jackson of Henry: House Bill No. 76. A bill to be entitled an Act to abolish the County
Court of Henry County; and for other purposes. Referred to Commrttee on Special Judiciary.
By Mr. Jackson of Henry: House Bill No. 77. A bill to be entitled an Act to establish a City Court
of Henry County; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Special Judiciary.

By Messrs. Parker and Roberts of Walton:
House Bill No. 104. A bill to be entitled an Act to amend the charter of the City of Monroe by providing that the City Recorder shall be elected by the Mayor and Council; and for other purposes.
Referred to Committee on ~unicipal Government.

By Mr. Gowen of Glynn:
House Bill No. 127. A bill to be entitled an Act to amend the charter of the City of Brunswick so as to authorize and empower the city commission to close certain streets and alleys; and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Hogg of Marion:
House Bill No. 131. A bill to be entitled an Act to repeal an Act entitled an Act to amend an act creating a Board of Commissioners of Roads and Revenue, of Marion County; and for other purposes.
Refen-ed to Committee on Counties and County Matters.

By Mr. Hogg of Marion:
House Bill No. 132. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Marion.
Referred to Committee on Counties and County Matters.

:Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the follo:wing report:

Mr. Presidsnt:

Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman. to report the same back to the Senate as c<Jrrect an{}' ready for transmission to the House:

Senate Bill No. 8.

Respectfully submitted,

Hill of 36th district, chairman.

Dr. Coker of the 39th 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 1back to the Senate with the following recommendations:

Senate Bill No. 40. Do pass.

Respectfully submitted,

Coker, of 39th district, chairman.

WEDNESDAY, JANUARY 29, 1941

95

The following privileged resolutions were read and adopted:
By Senator Odom of the 9th: A resolution extending the privileges of the floor to the Hon. R-obert B.
Short of Newton, Ga.
By Senators Forti$on of the 50th and Hill of the 36th:
A RESOLUTION
Whereas, the Senate notes with deep regret the continued absence of the Senator from the 32nd district, Judge Dorsey, who is confined to his home with illness, and
Whereas, this body misses his valuable services and wise counsel in its deliberations, and
Whereas, our distinguished President and Secretary did visit Judge Dorsey at his home in Cleveland, Ga., on last Saturday, finding him somewhat improved, and thereupon did administer to him the oath of office as Senator,
Now therefore be it resolved by the Senate that we extend to Senator Dorsey our solicitous wishes for his c-ontinued improvement in health and hope for him a speedy and complete recovery that will bring about his early assumption of his duties as the Senator from the 32nd district.

The following bill of the Senate, favorably reported by the committee, was read the second time:
By Senators Kiker of the 41st and Cannon of the 40th: Senate Bill No. 40. A bill to increase the mileage of the State-aid Road
System by adding thereto a highway beginning at McCaysville, Ga., on State Highway Route No. 5, and extending to Mineral Bluff, Ga.; and for other purposes.
At this time, Senator Edenfield of the 4th took the chair.
The following bills of the Senate were read the third time and put upon their passage :
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 9. A bill creating a State Housing Authority Board; and for other purposes.
The report of committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 1wcre 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

96'

JOURNAL OF THE SENATE,

Senator Redwine of the 26th asked unanimous consent' of the Senate to postpone until Monday the next bill on the calendar, Senate Bill No. 11, and to set same as a special order to follow immediately after the period of unanimous consents, and the com~ent was granted.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the '16th:
Senate Bill No. 10. A bill creating the State Hospital Authority; and for other purposes.
The report 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 Redwine of the 26th; Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 12. A bill to fix the salary of the Secretary of State; and for other purposes.
The report of the committee, 'which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, :was passed.
By Senators Redwine of the 26th; Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 13. A bill to fix the salary of the State Treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, E.chvards of the 6th, and Milhollin of the 46th:
Senate Bill No. 14. A bill to fix the salary of the Comptroller General; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

WEDNESDAY, JANUARY 29, 1941

97

The bill, having received the requisite co'l'lstitutional majority, was passed.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell oi. the 34th, Edwards of the 6th, and :Milhollin of the 46th:
Senate Bill No. 15. A bill to fix the compensatio!l of the State Superintendent of Schools as executive secretary of the State Board of Education and the administrative officer of the State Department of Education; and for other purposes.
The report of the committee, which >was favorable to the passage of the bill, was ag1eed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfie!d of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46"th:
Senate Bill No. 16. A bill to repeal an Act entitled "An Act to provide for the confirmation by the Senate of appointees of the Governor for public office; and for other purposes"; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The Senate recessed at 11:10 a.m., subject to the call of the chair.
The Senate reconvened at 11 :45 a.m.
The following resolutions of the Senate were read the third time and put upon their passage:
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Resolution No. 9. A resolution proposing an amendment to Article 5, Section 1, Paragraph 2, of the Constitution of Georgia, by fixing the terms of o.ffice of the Governor and other constitutional officers at four years; and for other purposes.
Senator :McGehee of the 25th moved to recommit Senate Resolution No. 9 to the Committee on Amendments to Constitution.
Senator Lanier of the 18th moved to amend the motion to instruct the committee to confer with members of the Supreme Court to ascertain if the provisions of the resolution affected the terms of office of the Supreme Court Justices.
The amendment was adopted, and the motion, as amended, prevaile\1,

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JOURNAL OF THE SENATE,

By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Mi!hollin of the 46th:
Senate Resolution No. 10:
A RESOLUTION

Proposing to the people of Georgia for ratification or rejection as amendment to Article 8, Section 2, Paragraph 1, of the Constitution of Georgia, fixing the term of office of the State School Superintendent.

Be it resolved by the General Assembly of Georgia:
Section 1. That the General Assembly of Georgia proposes to the people of Georgia that Article 8, Section 2, of the Constitution of Georgia be amended by striking Paragraph 1 of said article and section in its entirety and inserting in lieu thereof a new paragraph to be Paragraph 1, which shall read as follows:

"Paragraph 1. There shall be a State School Superintendent elected by the people at the same time, for the same term, and in the same mann~r as the Governor, who shall hold his office until his successor is elected and qualified. His office shall be at the seat of government and he shall be paid a salary not to exceed two thousand dollars per annnum. The General Assembly may substitute for the State School Superintendent such officer, or officers, as may be deemed necessary to perfect the system of public education."

Section 2. That when this amendment shall have been agreed to by two-thirds of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939.
The report of the committee, which was favorable to the adoption 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:

Adams Almand Bargeron B-arnhill Bland Bradley Burnside Campbell Cannon (:lark

Coker Couch Coxon Daughtry Dobbs Drake Edenfield Edwards Fortson Foster

Franklin Garner Gross Guyton Hamilton Harrison Holt Houston Kiker :Kirkland

WEDNESDAY, JANUARY 29, 1!)41

99

Lanier Martin Mason McGehee Milhollin

Mosley Odom Park Pilcher Rowland

Steed 'Striplin Sumner \Vall

Senators not voting: Dorsey, Hill, Lewallen, Ragan, Smith 24th, Smith, 35th, and Whaley.

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

On the adoption of the resolution, the ayes were 44, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

At this time, Senator Edwards of the 6th arose to a point of personal privilege.

The following message 1was received from the House through Mr. Boone, 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 Redwine of the 26th, Whaley of the 45th, Campbell of the 34th, Edenfield of the 4th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 1. A bill to be entitled an Act to amend the Act creating a Department of Public Safety for Georgia, providing for the organization thereof, and the issuance of driver's license to drivers of automobiles, by providing for a family dTivers' license and prescribing the fees to be paid therefor; and for other purposes.
Senator Fortson of the 50th moved that Senate do now adjourn and the motion prevailed.
Senator Edenfield of the 4th, acting for 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,

Thursday, January 30, 1U41.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.

Prayer was offered by Dr. C. R. Straupper, pastor of the First Christian Church of Atlanta, Ga.

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

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Coker Couch Coxon Daught1y Dobbs Drake Edenfield

Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier

Lewallen Martin Mason Milhollin Mosley Odom Park Pilcher Rowland Steed Striplin Sumner \Vall Whaley Mr. President

Senator Odom of the 9th, vice-chairman of the Committee on J oumals, reported that the Journal of yesterday's proceedings had been examined and L! und correct.

By unanimous consent, the reading of the Journal was di~pcnsed with, and the Journal was confirmed.

Senator Burnside of the 2Uth asked U'lanimous consent to withdraw the following bill from further consideration of the Committee on Industrial Relations:

By Senator Burnside of the 29th:

Senate Bill No. 56. A bill providing for the establishment of a Department of Lahor; to abolish the Department of Industrial Relations; to create the office of Commissioner of Labor; and for other purposes.

The consent was granted.

Senator Burnside of the 29th asked unanimous consent that Senate Bill No. 56 be withdrawn from further consideration of the Senate, and the consent was granted.

Senator Edenfield of the 4th asked unanimous cor~ent that the following

THURSDAY, JANUARY 30, 1941

10i

be established as the order of busine~~ today, follo.wing the first part of the period of unanimou~ con~ents:
1. Introduction of bills and resolution~.
2. Reports of standing committees.
iL Second reading of bills and resolutions favorably reported.
4. Consideration of Senate bills with House amendments.
5. Putting on passage general bills and resolutions.
6. Putting on passage uncontEsted local bills and resolutions.
7. Special communications, motions, resolutions and petitions.
The consent was granted.
The following privileged resolution was read and adopted:
By Senator Bland of the 12th: A resolution extending the privileges of the floor to the Hon. Herman
Talmadge.
Senator Park of the 19th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on Insurance.
By Senator Park of the 19th: Senate Bill No. 25. A bill to estop life insurance companies doing business
in Georgia from pleading misrepresentations after twelve months from date of policy; and for other purposes.
The consent 1was granted.
Senator Lanier of the 18th asked unanimous consent to insert in the Journal the recommendations of the Committee on Interstate Co-operative Councils of State G<Jvernment and the recommendations of the Secretary of State in regard to the following resolution of the Senate, to-wit:
By Senators Cannon of the 40th, Whaley of the 45th, and Clark of the 44th: Senate Resolution No. 13. A resolution authorizing and directing the
Surveyor-General of the State of Georgia to survey the state line between Georgia and North Carolina and Geotgia and Tennessee; and for other purposes.
The consent was granted.
The recommendations of the committee and of the Secretary of State were as follows:
By Senators Campbell of the 34th, Holt of the 48th, Lanier of the 18th, and

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JOURNAL OF THE SENATE,

Franklin of the 38th, Chairman: The Senate Interstate Co-operative Committee of the Council of State
Governments has before it Senate Resolution No. 13, the subject matter of which involves the question of a resurvey and remarking of certain portions of the boundary lines between the states of Georgia and Tennessee.
The committee adopted a motion to consider this resolution in the foiJo,\\ing manner:
1. That the Secretary of State be requested to give the committee all information that he might have pertaining to the subject of the resolution and to assist this committee in the exercise of his judgment as to the manner in which the purposes of the resolution should be carried out.
2. That the State Highway Board is requested to furnish the committee and the Secretary of State such assistance and advice from the standpoint of engineering and surveying as might be needed.
3. That the committee as a whole together with the Secretary of State is authorized along with engineering and surveying authorities from the State Highway Department to inspect, if necessary, the portions of the line between the States of Georgia and Tennessee involved in the resolution.
4. The Chairman of the committee is empowered to proceed as he sees fit in order to obtain such information and reports at the earliest possible time, using all the members or any portion of them as he sees fit.
5. Following this investigation the Committee will then consider what further recommendations it should make.

State of Georgia

Department of State

John B. wilson, Secretary of State

Atlanta

January 30, 1941.

Chairman, Senate Committee on

Interstate Co-operative of Councils of State Government,

State Senate,

Atlanta, Georgia.

Dear Mr. Chairman:

As you know, conferences have been held with your Committee, together with Mr. W. R. Neal, Chief Engineer of the State Highway Department, and Attorney General Ellis Arnall. As stated to your Committee, I will be glad to assume the responsibility of directing a survey, including the erection of

THURSDAY, JANUARY 30, 1941

103

markers on the line between the States of Georgia and North Carolina and the States of Georgia and Tennessee and cooperate with you fully in every way I can. It is my understanding that the Attorney General has draJvm proper Resolution providing that the engineering and surveying be done by the engineering department of the State Highway Department and the State Highway Department is to bear all expense incident thereto and that as Surveyor General, which is a part of the duties of the Secretary of State, I am to direct the surveying and marking of the boundary lines.
In my opinion, this line should be established and properly identified with permanent markers in order to eliminate the possibility of confusion in the future, and, likewise, to further protect the interests of our state.
I am informed by Mr. Neal that as soon as possible he will submit to you information relative to the survEy, including approximation of the cost of making same 'which will also include the cost of erecting markers.
Very respectfully yours, John B. Wilson, Secretary of State.
The following bills and resolutions were introduced, read the first time, ancl referred to committees:
By Senators Whaley of the 45th and Martin of the 3rd: Senate Bill No. 68. A bill to amend Section 45-308 of the Code of
Georgia providing for a different date for the commencement of open season for the hunting of game in certain territory of this state; and for other purposes.
Referred to the Committee on Game and Fish.
By Senator Gross of the 20th: Senate Resolution No. 19. A resolution proposing to the qualified voters
of the State of G::orgia for ratification or rejection an amendment to Paragraph 2, Section 2, Article 7, of the Constitution of Georgia so as to exempt ftom ail taxation, state, county, municipal, school district, and political or territorial subdivision of the state having the authority to levy taxes, all cooperative, non-profit, membership corporations organized under the laws of this state for the purpose of engaging in rural electrification; and for other purposes.
Referred to the Committee on Amendments to Constitution.
Mr. Fra:1klin of the 38th District, Chairman of the Committee on Co-operative Council of State Governments submitted the following report:
Mr. President:
Your Committee on Co-operative Council of State Governments have had under consideration the following resolution of the Senate and have instructed

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JOURNAL OF THE SENATE,

me as Chairman, to report the same back to the Senate with the following 1ecommendations:
Senate Resolution No. 13. Do pas.<; by committee substitute. Respectfully submitted, Franklin of 38th district, chairman.
Mr. Holt of the 48th District, Vice-Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President: Your Committee on State of the Republic have had under consideration
the follo,wing bills of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recomme'ndations:
Senate Bill No. 6'. Do pass by committee substitute. Senate Bill No. 7. Do pass by committee substitute.
Respectfully submitted, Holt of 48th district, vice-chairman.
Dr. Coker of the 39th 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. 33. Do not pass. Senate Bill No. 19. Do not pass. Senate Bill No. 27. Do not pass. Senate Bill No. 26. Do pass.
Respectfully submitted, Coker of 39th district, chairman.
Mr. Cannon of the 40th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance have had unde1 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:

THURSDAY, JANUARY 30, 1941

105

Senate Bill No. 55. Do pm>~.

Respectfully submitted, Cannon of 40th district, chairman.

Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 41. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.

:vir. Drake of the 8th 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 folluwing 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. 69. Do pass.

House Bill No. 72. Do pass.

Respectfully submitted, Drake of 8th district, chairman.

Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing have read and examined the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:

Senate Bill No. 9.

Senate Bill No. 10. Senate Bill No. 12. Senate Bill No. 13.

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JOURNAL OF THE SENATE,

Senate Bill No. 14. Senate Bill No. 15. Senate Bill No. 16. Senate Resolution No. 10.

Respectfully submitted, Hill of 36th district, chairman.

The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Park of the 19th: Senate Bill No. 26. A bill to require the Highway Commission of Geor-
gia to give to the counties of Georgia the right to file bids and improve the public roads in the state; and for other purposes.
By Senators Coker of the 39th and Almand of the 27th: Senate Bill No. 55. A bill to amend the Act approved March 30th, 1937,
authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 41. A bill to amend an Act creating a new charter for
the Town of Canton, Ga.; and for other purposes.
By Mr. Bowen of Pierce: House Bill No. 69. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenues for the County of Pierce; and for other purposes.
By Mr. Johnson of Chattahoochee: House Bill No. 72. A bill to reduce the bond of the Sheriff of Chatta-
hoochee County, Ga.; and for other purposes.
The following message was received from the House through Mr. Boone, 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 Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 2. A Bill to be entitled an Act to create the State Highway Board of Georgia, provide for the appointment of members thereof, fix

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107

their terms of office and compensation and prescribe their duties; and for other purposes.
At this time President pro tempore Ed-wards took the chair.
The following bills of the Senate were taken up for the purpose of considering the House amendments thereto:
By Senators Redwine of the 26th, Whaley of the 45th, and others: Senate Bill No. 1. A bill to amend an Act creating the Department of
Public Safety by providing for family drivers licenses and prescribing the fees to be paid therefor; and for other purposes.
The House offered the following amendment:
By Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Elliott of Muscogee:
Move to amend Senate Bill No. 1. By striking the words "without the payment of an additional fee" where the same appear in Section 8 and substituting in lieu thereof the following '\\'Ords: "upon the payment of an additional fee of fifty cents."
Senator Redwine of the 26th moved that the Senate concur in the House amendment, and the motion prevailed.
By Senators Redwine of the 26th, Whaley of the 45th, and others: Senate Bill No. 2. A bill to create the State Highway Board of Georgia;
to repeal the act approved March 3, 1937, creating the State Highway Board and terminate the terms of office of the members appointed thereunder; and for other purposes.
The House offered the following amendment:
By Maddox of Floyd, Culpepper of Fayette, and Elliott of Muscogee: Move to amend Senate Bill No. 2 by striking from Section 2 thereof the
following words as the same appear: "Who shall serve concurrently with the Governor by whom they are appointed", and substituting in lieu thereof the following: "Who shall serve for the term of the Governor by whom they are appointed."
Senator Redwine of the 26th moved that the Senate concur in the House amendment, and the motion prevailed.
The House offered the following amendment:
By Culpepper of Fayette, Sabados of Dougherty, Lovette of Laurens, Elliott of Muscogee and Brooks of Mitchell:
Move to amend Senate Bill No. 2 by striking the last sentence in Section No. 3 and substituting the following: "Each Member of the Board, including

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the Chairman, shall be entitled to actual expem;es 'While engaged in the pf'rformance of his duties, not exceeding four ( 4) days each month."
Senator Redwine of the 26th moved that the Senate concur in the House amendment, and the motion prevailed.
The folowing bill of the Senate, which had been read the third time on January 24, 1941, was taken up for consideration:
By Senators Redwine of the 26th, Whaley of the 45th, and others:
Senate Bill No. 3. A bill to provide for the suspension of the State Treasurer and Comptroller General; and for other purposes.
Senator Dobbs of the 22nd offered the following amendment, which was adopted:
Amendment to Senate Bill No. 3:
By Senator Dobbs of the 22nd Disttict:
Who moves to amend the above stater] bill as reported to the Senate by the Committee on the State of the Republic as follows:
By adding at the end of section two (2) thereof the following words and sentences, to-wit:
"Provided that in the event of the exerci~e of said power and the suspension of either or both of said officers by the Governor, when the General Assembly is not in session, then he shall on thc> same date issue a call to the General Assembly convening them in extra-ordinary session, to meet within thitty (30) days from that date, for the sole purpose of investigating and passing upon the merits of such suspension and to affirm or reject the same by joint resolution; and in the event such suspension is upheld, to confirm or reject the appointee or appointees named by the Governor as successor or successors to the officers so removed. And in the event the Governor shall fail or refuse to so convene the General Assembly, then said order of removal shall become null and void and the suspended officer or officers shall be automatically restored to the office from which he may have been suspended. And it shall be the duty of any such suspended officer, when so suspended, to peacefully and quietly vacate the office rooms occupied by him and await the action by the General assembly or the expiration of the thirty days in which they have to act, without molestation or interference with any temporary appointee. If such suspension order is passed by the Governor, while the General Assembly is in session, the Governor shall forthwith submit thl' same to that body for immediate action, and the same shall be a continuing order of business until disposed of."
Se'1ator Gross of the 20th offered the following substitute:
Substitute for Senate Bill No. 3.

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109

A BILL To be entitled an Act to amend an Act of the General Assem'bly approved March 22, 1937, providing for the s.uspension of the Comptroller General and to amend Section 40-1301 of the Code of 1933, providing for the suspension of the Treasurer by striking all of said sections 40-206 and 40-1301 and enacting in lieu thereof a new Section to be numbered Section 40-206 providing for the suspension of the Secretary of State, the State Treasurer, Comptroller General, the Attorney General and the Superintendent of Schools, and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Whenever the Governor shall have trustworthy information that the Secretary of State, the State Treasurer, the Comptroller General, the Attorney General, or the Superintendent of Schools is insane, or has absconded, or grossly neglects his duties, or is guilty of con~luct plainly violative of his duties, or demeans himself in office to the hazard of the public funds or credit of the State, the Governor shall prefer charges setting forth in full his rEasons for such charges and shall immediately call the General Assembly in Extra-Ordinary Session and present said charges to them for hearing. After an examination into the truth of such representation the General Assembly by a constitutional majority shall declare its findings and it may declare vacant such Constitutional office. In the event such office is declared vacant by the General Assembly the Governor shall appoint some fit and proper person to discharge the duties of said office until the next General Election. The person so appointed by the Governor shall take the same oath and g-ive the same bond and securities upon like terms and in the ::arne manner as provided for the Constitutional Officer so suspended who was e!ect::d by the people.
Section 2. All laws and p-.1t-ts of laws in conflict with this Act are hereby repealed.
Senator Redwine of the 26th asked unanimous consent that the Senate temain in session until final disposition of the pending bill, and the consent was granted.
Senator Smith of the 24th moV<!d to limit individual speeches to 15 minutes in debating the measure.
Senatot Redwi!le of the 26th made the point of order that under the rules of the Senate, debate was unlimited during the first 30 days of the session, unless changed by resolution properly referred to the Rules Committee.
The chair sustained the point of order and ruled the motion of Senator Smith of the 24th out of order.
Senator Odom of the 9th moved the previous question, and the call was sustained.
The main question was ordered.
On the adoption of the substitute, Senator McGehee of the 25th called

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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:

Bland Gross Hill

Lanier Martin McGehee

Pal'l< Smith, 24th Smita, 35th

Those voting in the negative were Senators:

Adams Almand Bargeron Barnhill Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry Dohbs

Drake Edenfield Ed,.,vards
Fortson Foster Franklin Garner Guyton Hamilton Harrison Holt Houston Kiker Kirkland

Lewallen Mason Milhollin Mosley Odom Pilcher Rowland Steed Striplin Sumner Wall Whaley

Not voting were Senators: Dorsey and Rag-an.

On the adoption of the substitute, the ayes were 9, nays 40, and the su stitute was lost.

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

On the passage of the bill, Senator McGehee of the 25th called for tl r.yes 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:

Adams

Almand

Bargeron

r

Barnhill

Bland

Bradley

Burnside

Campbell

Cannon

Clark Coker Couch Coxon Daughtry Dobbs Drake Edenfield Edward!)

Fortson Foster Franklin Garner Guyton Hamilton Harrison Holt Houston

THURSDAY, JANUARY 30, 1941

111

Kiker Kirkland Lewallen Mason Milhollin

Mosley Odom Pilcher Rowland Steed

Striplin Sumner Wall Whaley

Those voting in the negative were Senators:

Gross Hill Lanier

Martin McGehee Park

Smith, 24th Smith, 35th

Not voting were Senators: Dorsey and Ragan.

On the passage of the bill as amended, the ayes were 41, nays 8.

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

Senator Redwine of the 26th moved that Senate Bill No. 3 be immediately transmitted to the House, and the motion prevailed.

Senator Redwine of the 26th moved that the Senate do now adjourn, and the motion prevailed.

The President pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Friday, January 31, 1941.
Tht> Senate met putsuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispemed with.
The following message was received from the House through Mt. Boone, 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. Pilcher of Warren: House Bill No. 94. A bill to be entitled an Act to amend, consolidate,
and supersede the several acts incorporating the Town of Camak, and for other purposes.
By Messrs. Wclsch and Dorsey of Cobb: House Bill No. 1OU. A bill to be t>ntitled an Act to alter, revise, and
amend the several acts relating to the incorporation of the City of Marietta, and for other purposes.
By Mr. Mavity of Walker: House Bill No. 78. A bill to be entitled an Act to amend the Charter
of the City of LaFayette, and for other purposes.
By Mr. Drake of Seminole: House Bill No. 140. A bill to be entitled an Act to amend the Act approved
August 20, 1906', creating a new charter for the Town of Donal:l!ionville, by adding certain provisions authorizing and empowering the City to make certain improvements, and for other purposes.
By Mr. Inglis of Habersham: House Bill No. 112. A bill to be entitled an Act to create and establish
the City Court of Habersham County, and for other purposes.
By Mr. Hartness of Fannin: House Bill No. 124. A bill to be entitled an Act to incorporate the City
of McCaysville and for other purposes.
By :Messrs. Simmons and Mills of Decatur: House Bill No. 153. A bill to be entitled an Act to amend an Act to
incorporate the Town of Attapulgu::; in Decatur County, Georgia, and for other purposes.

FRIDAY, JANUARY 31, 1941

113

By Mr. Wells of Clayton: House Bill No. 135. A bill to be entitled an Act to amend an Act to
incorporate the Town of Forrest Park in the County of Clayton, and for other purposes.
By Mr. \Yells of Clayton: House Bill No. 136. A bill to be entitled an Act to amend an Act to
esta1blish the City Court of Jonesboro in and for the County of Clayton, and for other purposes.
By Mr. Horne of Crisp: House Bill No. 148. A bill to be entitled an Act to amend the Charter
of the City of Cordele, Georgia, and for other purposes.
By Messrs. Simmons and Mills of Decatur: House Bill No. 154. A bill to be entitled an Act to repeal an Act to
incorporate the Town of Diffee, and for other purposes.
By Mr. Daves of Dooly: House Bill No. 120. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution to authorize the City of Unadilla to incur a bonded indebtedness, and for other purposes.
By Mr. Mavity of Walker: House Bill No. 79. A bill to be entitled an Act to amend the Charter of
the City of LaFayette, and for other purposes.
By Messrs. Grice, Bloodworth and weaver of Bibb: House Resolution No. 13-32B. A resolution to amend the Constitution
of Georgia so the City of Macon may exempt from taxation new buildings, machinery and equipment; and for other purposes.
By Messrs. 'Veaver, Bloodworth and Grice of Bibb: House Resolution No. 14-34A. A resolution to propose to the qualified
voters of Georgia an amendment to Article 7, Section 2, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of :Macon, with respect to territory hereafter acquired, to levy, for a maximum period of 10 years, a less and varying property tax than that applicable to its present territorial limits, etc.; and for other purposes.
By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette and Elliott of Muscogee:
House Resolution No. 9-2A. A 1esolution proposing to the people of Georgia that Article 5, Section 1, Paragraph 2, of the Constitution of Georgia be amended by fixing the termli of office of the Governor and other constitutional officers at four years.
The following me~sag-e was received from the House throug-h Mr. Boone, the Clerk thereof:

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JOURNAL OF THE SENATE,

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Roughton and Smith of Washington: House Bill No. 168. A bill to 'be entitled an Act to amend, consolidate
and supersede the several acts, incorporating the City of Sandersville, and for other purposes.
Senator Pilcher of the 7th, member 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 rwas confirmed.
Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business today, following the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading of House bills and reference to committees.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
.S. Putting on passage uncontested local bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
By Senator Campbell of the 34th: Senate Resolution No. 20-68a. A resolution requesting the Governor to
extend the time limit for obtaining new automobile tags for 1941 until March 1st.
The following resolution was introduced, read the first time and referred to the committee:
By Senator Harrison of the 23rd: Senate Resolution No. 21-68b. A resolution proposing to the qualified
voters of the State of Georgia for ratification or rejection an amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia so as to provide for annual sessions of the General Assembly; to limit the length of the regular session of the General Assembly to 50 days except in cases where an impeachment trial is pending at the end of 50 days; and for vther purposes.
Referrec;l to Committee on Amendments to Constitution,

FRIDAY, JANUARY 31, 1941

115

The following bills and resolutians of the House were read the first time and referred to committees:
By Mr. Mavity of Walker: House Bill No. 78. A bill to be entitled an Act to amend the Charter of the City of LaFayette, and for other purposes. Referred to Committee on Municipal Government.

By Mr. Mavity of Walker: House Bill No. 79. A bill to be entitled an Act to amend the Charter of
the City of LaFayette; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Pilcher of Warren: House Bill No. 94. A bill to be entitled an Act to amend, consolidate, and
supersede the several Acts incorporating the Town of Camak; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 109. A bill to be entitled an Act to alter, revise, and
amend the several acts relating to the Incorporation of the City of Marietta; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Inglis of Habersham: House Bill No. 112. A bill to be entitled an Act to create and establish
the City Court of Habersham County; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Daves of Dooly: House Bill No. 120. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution to authorize the City of Unadilla to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Hartness of Fannin: House Bill No. 124. A bill to be entitled an Act to incorporate the City
of McCaysville and for other purposes. Referred to Committee on Municipal Government.
By Mr. Wells of Clayton: House Bill No. 135. A bill to be entitled an Act to amend an Act to in-
corporate the Town of Forrest Park in the County of Clayton; and for other pu!poses.
Refel-red to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

By Mr. Wells of Clayton: House Bill No. 136. A bill to be entitled an Act to amend an Act to
establish the City Court of Jonesboro in and for the County of Clayton; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Drake of Seminole: House Bill No. 140. A bill to be entitled an Act to amend the Act ap-
proved August 20th, 1906, creating a new Charter for the Town of Donalsonville, by adding certain provisions authorizing and empowering the City to make certain improvements; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Horne of Crisp: House Bill No. 148. A bill to be entitled an Act to amend the Charter of
the City of Cordele, Georgia; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Simmons and Mills of Decatur: House Bill No. 153. A bill to be entitled an Act to amend an Act to in-
corporate the town of Attapulgus in Decatur County, Georgia; and for other purposes.
Referred to Committee on Municip-al Government.
By Messrs. Simmons and Mills of Decatur: House Bill No. 154. A bill to be entitled an Act to repeal an Act to
incorporate the Town of Diffee; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Roughton and Smith of Washington: House Bill No. 168. A bill to be entitled an Act to amend, consolidate and
supersede the several acts, incorporating the City of Sandersville; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Evans of McDuffie, Lovett of Laurens, Blcase of Brooks, Culpepper of Fayette, and Elliott of :Muscogee:
House Resolution No. 9-2A. A resolution proposing to the people of Georgia that Article 5, section 1, paragraph 2, of the Constitution of Georgia be amended by fixing the terms of office of the Governor and other constitutional officers at four years; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Grice, Blood,worth, and Weaver of Bibb: House Resolution No. 13-32B. A resolution amending the Constituti,Jn
of Georgia so that the City of Macon may exempt from taxation new builq, jngs, machinery and &q.uipment; and for o~her purposes.

FRIDAY, JANUARY 31, 1941

11'7

Referred to Committee on Amendmentg to Constitution.
By Messrs. Weaver, Bloodworth, and Grice of Bibb: House Resolution No. 14-34A. A resolution to propose to the qualified
voters of GeQrgia an amendment to Article 7, Section 2, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon, with 1espect to territory hereafter acquired, to levy, for a maximum period of 10 years, a less and varying property tax than that applicable to its present territorial limits, etc.; and for other purposes.
Referred to Committee Qn Amendments to ConstitutiQn.
Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Yom 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. 127. Do pass.
House Bill No. 34. Do pass.
House Bill No. 33. Do pass.
House Bill No. 104. Do pass.
House Bill No. 40. Do pass.
Respectfully submitted,
Daughtry of 21st district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the follo1wing bill and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 3.
Senate Resolution No. 20.
Respectfully submitted,
Hill of 36th district, chairman.
The following bills of the House, favorably reported by the committees, were read the second time:

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JOURNAL OF THE SENATE,

By Messrs. Bloodworth, weaver, and Grice of Bibb: House Bill No. 33. A bill to amend the charter of the City of Macon;
and for other purposes.
By Messrs. Bloodworth, Weaver, and Grice of Bibb: House Bill No. 34. A bill to amend the charter of the City of Macon; and
for other purposes.
By Mr. Clements of Calhoun: House Bill No. 40. A bill to amend the charter of the City of Arlington;
and for other purposes.
By Messrs. Parker and Roberts of Vvalton: House Bill No. 104. A bill to amend the Charter of the City of Monroe
by providing that the City Recorder shall be eleated by the Mayor and Council; and for other purposes.
By Mr. Gowen of Glynn: House Bill No. 127. A bill to amend the charter of the City of Brunswick
so as to authorize and empower the City Commission to close certain streets and alleys; and for other purposes.
The following bills and resolutions of the Senate and House were read the 3rd time, and put upon their passage:
By Senator Couch of the 52nd: Senate Bill No. 20. A bill to abolish the offices of Tax Receiver and
of Tax Collector of Fulton County, Georgia; to create the office of County Tax Commissioner of Fulton County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 29. A bill to amend the Act creating a County Planning
Commission of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 30. A bill to transfer to the County Tax Collector, duties
now imposed upon County Registrars in counties having a population of 200,000

FRIDAY, JANUARY 31, 1941

119

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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Hill of the 36th: Senate Bill No. 37. A bill to repeal an Act entitled "Meriwether Superior
Court-Two Terms" approved March 24, 1939, pages 439-440; to provide for holding four terms in each year of the Superior Court of Meriwether County; to provide for the time of holding the same; to provide for drawing a Grand Jury; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Hill of the 36th: Senate Bill No. 38. A bill to repeal an Act establishing the City Court
of G1eenville, Georgia; and for other purposes.
The committee offered the foll01wing substitute, which was adopted:
A BILL An Act to repeal an Act establishing the City Court of Greenville, approved March 24, 1939, (Georgia Laws 1939, pages 469-484) entitled "An Act to establish the City Court of Greenville, in and for the County of Meriwether, to define its jurisdiction and powers, to provide for the selection of the judge, solicitor and other officers and to define their powers and duties, to fix the term of such officers and provide for the election of a judge and solicitor and the appointment of other officers thereof, to fix the compensation of the judge and solicitor and other officers thereof, to provide for pleading and practice and new trials therein and writs of err<>r therefrom, to fix the terms thereof, to provide for jurors therefor, to regulate the cost in certain cases, to provide for judgment at the appearance term, and for other purposes;" to provide for the disposition of business now in said court; to provide the effective date of this Act; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act establishing the City Court of Greenville, in and for the County of Meriwether, approved March 24, 1939 (Georgia Larws 1939, pages 46'9-484) entitled "An Act to establish the City Court of Greenville, in and for the County of Meriwether, to define its jurisdiction and powers, to provide for the selection of the judge, solicitor and other officers and to define their powers and duties, to fix the term of such officers and provide for the election

120

JOURNAL OF THE SENATE,

of a judge and solicitor and the appointment of other officers thereof, to fix the compensation of the judge and solicitor and other officers thereof, to provide for pleading and practice and new trials therein and writR of error therefrom, to fix the terms thereof, to provide for juro1s therefor, to regulate the cost in certain caRes, to provide for judgment at the appearance term, and for other purposes;" be and the same is hereby repealed, and the said City Court of Greenville is hereby abolish&d.
Section 2. Be it further enacted, that all business, both civil and criminal, pending in said City Court of Greenville at the time this Act goes into effect shall be and the same is hereby transferred, for trial a!ld disposition, to the Superior Court of Meriwether County. The clerk of said City Court of Greenville and all officers of such court are hereby directed and required to turn over to the clerk of the Superior Court of Meriwether County, Georgia, all papers in all cases, both civil and criminal, pending in said court at the time this Act takes effect; the dockets, minutes, books, and other records, original papers, and all other documents and papers of said city court or pertaining thereto including remittiturs from the Supreme Court and the Court of Appeals, shall be by the clerk and sheriff of said city court deposited with the clerk of the Superior Court of Meriwether County, and to be kept as a part of the records of said Superioi' Court. Any case now pending in the Court of Appeals or Supreme Court from said City Court of Greenville at ~he time this Act goes into effect, the remittiturs from said Supreme Court or Court of Appeals shall, upon the termination of said case in such appellate comt, be transmitted to the clerk of the Superior Court of Meriwether County.
Section 3. Be it further enacted, that any and all cost which have accrued to the County of Meriwether and which would be due under existing laws be paid into the treasury of Meri>wether County, in any case pending in the said City Comt of Greenville at the time this Act goes into effect and transferred to the Superior Court of Meriwether County, shall be paid into the treasury of Meriwether County as now required by law.
Section 4. Be it further enacted, that this Act shall take effect and become operative from and after the passage and approval of the same.
Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same ar11 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 passe-d by substitute.
By Senators Kiker of the 41st and Cannon of the 40th: Senate Bill No. 40. A bill to increase the mileage of the State-aid road
system by adding thereto a highway beginning at McCaysville, Ga., and ex-

FRIDAY, JANUARY 31, 1941

121

tending to Mineral Bluff, Ga.; and for other purpo~e~.
The report of the committee, which wa~ favorable to the pa~sage of the bill, was agTeed to.
On the passage of the hill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Coker of the 39th: Senate Bill No. 41. A bill to amend the Act creating a new charter for the Town of Canton, Ga.; 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 hill, the aye~ were 36, nays 0.
The bill, having received the requisite constitutional majority, 1\vas passed.
By Senator Kirkland of the 49th: A BILL
Senate Bill No. 47. 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 Claxton School District of Evans County to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring a p01-tion of its existing bonded indebtedness and interest thereDn due and unpaid as of January 1, 1941, and which becomes due up to and including .July 1, 1941; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded inebtedness, and interest thereon due and unpaid on January 1, 1941, or which may become due up to and including July 1, 1941; to provide for the submission of the amendment for ratification by the people, and for other purposes.
Section 1. Be it enacted ,by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, ParagTaph 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 Claxton School Distl'ict of Evans County may issue refunding bonds not in excess of the aggregate sum of $22,000.00 f{)r the purpose of refunding and retiring any bonded indebtedness and interest there{)n -of said School District outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon -of said School District outstanding and which becomes due up to and including July 1, 1941, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the Claxton School District of Evans County to be used exclusively for th~ purpose of paying and retiring said

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bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1941, said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Claxton School District, and shall be validated as provided by law."
Section 2. Be it futther 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 "nayes" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time f~r 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 Claxton School District of Evans County 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 Claxton School District of Evans County to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereof, when the 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:

Adams

Edenfield

Almand

Fortson

Bargeron

Franklin

Barnhill

Garner

Bradley

Gross

Burnside

Guyton

Campbell

Harrison

Cannon

Hill

Coker

Holt

Couch

Houston

Coxon

Kiker

Daughtry

Kirkland

Dobbs

Lewallen

Martin

McGehee Milhollin Mosley Park Pilcher Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

FRIDAY, JANUARY 31, 1941

123

Not voting were Senators: Bland, Clark, Dorsey, Drake, Edwards, Foster, Hamilton, Lanier, Mason, Odom and Ragan.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Senator Whaley of the 45th: Senate Resolution No. 16.
A RESOLUTION Proposing to the qualified vote1s of Georgia for ratification or rejection an amendment to Article VII, Section II, Paragraph IIA of the Constitution of Georgia, to exempt certain new industries from the payment of county ad valorem taxes in Telfair County and municpial taxes in the municipalities of McRae, Helena, Milan and Lumber City for a period of five years, and authorizing the tax levying authorities of said political subdivisions to exempt new industries for a further period of five additional years; to repeal conflicting laws; and for other purposes.
Be it and it is hereby resolved by the General Assembly of Georgia:
Section 1. That Article VII, Section II, Paragraph IIA of the Constitution of Georgia relating to the exemption of certain industries from taxation for a period of five years be and the same is hereby amended by adding at the end of said Section the following proviso:
"Provided, however, that after ratification of this amendment by the people, the .buildings, enlargement or equipment of any new industry of the type named in this Paragraph which shall locate, build, enlarge or equip its plant or factory in the county of Telfair, or in the towns or municipalities of McRae, Helena, Milan or Lumber City in said county shall be exempt from county or municipal ad valorem taxation for a period of five years from the date such building is constructed, enlarged or equipped. If at the end of said five year period the taxing authorities of the county or of either of said municipalities shall, in their discretion, see fit to do so, they shall, acting within their respective jurisdictions, have the authority to exempt such property from taxation for an additional period of five years," so that Article VII, Section II, Paragraph IIA of the Constitution as amended shall read as follows:
"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 of processing of 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 buildings, enlargements, or equipment, be exempt from all county, incorporated to,wn 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

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plants. The legislature is herewith empowered to make provJswm; for the operation of this paragraph by appropriate legislation, provided such exemptions shall be approved by a majority of the electors voting in such county, incorporated town or city proposing said exemption. Provided, however, that after the ratification of this amendment by the people the buildings, enlargement or equipment of any new industry of the type named in this paragraph which shall locate, build, enlarge or equio its plant or factory in the county of Telfair, or in the towns or municipalities of McRae, Helena, Milan or Lumber City in said county shall be exempt from county or municipal ad valorem taxation for a period of five years from the date such .building is constructed, enlarged or equipped. If at the end of said five year period the taxing authorities of the county or of either of said municipalities shall, in their discretion, see fit to do so, they shall, acting 1Within their respective jurisdictions, have the authority to exempt such property from taxation for an additional period of five years."
Section 2. When this amendment. shall be agreed to by a two-thirds vote of the members of each of the two Houses of the General Assembly and the "ayes" and "nays" thereon entered upon their respective journals it shall be published, submitted to the people in an election and the results of such election shall be determined and declared in the manner ar.d in accordance with the procedure outlined in the act approved March 24th, 1939, (Ga. Laws 1939 pp. 305-307).
Section 3. All laws or parts of laws in conflict with this act are hereby repealed.
The report of the committee, which was favorable to the adoption 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:

Adams Almand Bargeron Barnhill Bradley Burnside Campbell Cannon Coker Couch Coxon Daughtry Dobbs

Edenfield Fortson Franklin Garner Gros..'l Guyton Hamilton Harrison Hill Houston Kiker Kirkland Lewallen

Martin McGehee Milhollin Park Pilcher Rowland Smith, 24th Smith, 35th Striplin Sumner Wall Whaley

Not voting were Senators: Bland, Clark, Dorsey, Drake, Edwards, Foster,

FRIDAY, JANUARY 31, 1941

125

Holt, Lanier, Mason, Mosley, Odom, Ragan and Steed.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By Mr. Bowen of Pierce: House Bill No. 69. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenues for the County of Pierce; and for other purposes.
The report 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 Mr. Johnson of Chattahoochee: House Bill No. 72. A bill to reduce the bond of the Sheriff of Chatta-
hoochee County, Ga.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite comtitutional majority, was passed.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the Senate, to-wit:
By Senator Campbell of the 34th: Senate Resolution No. 20. A resolution requesting the Governor to extend
the time limit for purchasing 1941 automobiJe tags until March 1st.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President: Your Committee on Enrollment have read and examined the following bills
of the Senate and have instructed me as Chairman, to re!Jort the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 1.
Senate Bill No. ~.

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Respectfully submitted,
Rotwland of 16th district, chairman.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Resolution No. 20-68A. Respectfully submitted,
Rowland of 16th district, chairman.
The Senate received a communication from His Excellency, the Governor, through Hon. James W. Smith, secretary.
Senate Rules No. 1 and No. 2 governing executive sessions were read.
Senator Lanier of the 18th moved that the Senate go into executive session for the purpose of considering a communication from the Governor, and the motion prevailed.
The executive session was dissolved at 10 :50 a.m., and the Senate re-convened in open session.
Senator Smith of the 24th took the chair.
Senator Redwine of the 26th asked unanimous consent to have the following bill of the House withdrawn from the Committee on State of the Republic, read the second time, and re-committed:
By Messrs. Evans of McDuffie, Lovett of Laurens, and others: House Bill No. 1. A bill to fix the powers of Governor in administering
appropriations; and for other purposes.
The consent was granted.
Senator Wall of the 28th moved that when the Senate adjourns today, it stand adjourned until 11 :15 o'clock Monday morning, and the motion prevailed.
The President returned to the chair.
Senator Edenfield of the 4th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 11 :15 o'clock.

MONDAY, FEBRUARY 3, 1941

127

Senate Chamber, Atlanta, Georgia,

Monday, February 3, 1941.

The Senate met pursuant to adjournment at 11 :15 o'clock this morning and was called to order by the President.

Prayer was offered by the Rev. Felton Williams, pastor of the City Missionary Church of Atlanta, Ga.
By unanimous consent, the call of the l'Oll was dispensed ~vith.
Senator Odom of the 9th, vice-chairman {)f the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with and ~he Journal was confirmed.
Senator Mason of the 30th asked unanimous consent that the Senate 30 into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
Upon dissolution of the executive session, the Senate resumed the regular transaction of business.
The following communication was dispatched to His Excellency, the Governor, by Hon. Lindley W. Camp, Secretary of the Senate:

State of Georgia

The State Senate

Lindley W. Camp, Secretary

Atlanta

February 3, 1941.

Hon. Eugene Talmadge, Governor,

Executive Department,

State Capitol,

Atlanta, GC{)rgia.

Dear Governor:

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 on January 31, 1941 were confirmed today as follows:

For Judge, City Court of Elberton: Hon. Clarence R. McLanahan of

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Elbert County, for a term beginning upon confirmation and expiring December 24, 1U44. The vote confirming this nomination was 43 to 0.
For Solicitor, City Court of Elberton: Hon. Tate Conyers, of the County of Elbert, for a term beginning upon confirmation and expiring December 24, 1944. The vote confirming this nomination was 43 to 0.
Respectfully yours,
Lindley W. Camp,
Secretary of the Senate.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Mr. Ferguson of Camden: House Bill No. 176. A bill to be entitled an Act to amend an Act granting
a Charter to the City of St. Marys, and for other purposes.
By Mr. Ferguson of Camden: House Bill No. 177. A bill to be entitled an Act to authotize and empower
the City of St. Marys to close certain portions of certain streets, and for other purposes.
By Mr. Aultman of Peach: House Bill No. 1U9. A bill to be entitled an Act to create and estab-
lish a new charter for the .Town of Byron, Peach County, Georgia; to define its territorial limits; to create amunicipal Government for said town; and for oth~:>r purposes.
By Mrs. :Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 217. A bill to be entitled an Act to amend the Charter
of the City of Fairbun and to provide a sanitary tax, and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 223. A bill to be entitled an Act to amend the Charter of
the City of Savannah, and for other purposes.
By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette and Elliott of Muscogee.
House Bill No. 4. A bill to be entitled an Act to repeal and re-cstabli~h the office of Supervisor of Purchases within the Executive Department, and for other purposes.
By Senators Redwine of the 26'th, Whaley of the 45th, Edenfield of the 4th,

MONDAY, FEBRUARY 3, 1941

129

Campbell of the 34th, Edwards of the 6lh, and Milhollin of the 46th: Senate Bill No. 4. A bill to repeal an Act approved :\farch 30, 1937,
establishing a State Licensing Board for contractors, defining and regulating the practice of general road and street contracting; and for other purposes.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 20.
Senate Bill No. 29.
Senate Bill ~0. 30.
Senate Bill No. 37.
Senate Bil\ No. 38.
Senate Bill No. 40.
Senate Bill No. 41.
Senate Bill No. 47.
Senate Resolution No. 16.
Respectfully submitted,
Hill of 36th district, chairman.
Senator Edenfield of the 4th asked unanimous consent to consider all local uncontested House bills at this time, and the consent was granted.
The following bills of the House were read the third time and put upon their passage.
By Messrs. Bloodworth, Weaver and Grice of Bi-bb: House Bill No. 33. A bill to be entitled an Act to amend the charter of
the City of Macon a!ld for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bloodworth, Weaver and Grice of Bibb:

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House Bill No. 34. A bill to be entitled an Act to amend the charter of the City of Macon; and for other purposes.
The report of the committee, which wa.c; favorable to the paRRage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was pa~sed.
By Mr. Clements of Calhoun: House Bill No. 40. A bill to be entitled an Act to amend the charter of
the City of Arlington, providing an act for Arlington; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Parker and Roberts of Walton: House Bill No. 104. A bill to amend the charter of the City of Monroe
by providing that the City Recorder shall be elected by the Mayor and Council; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gowen of Glynn: House Bill No. 127. A bill to amend the charter of the city of Brunswick
so as to authorize and empower the city commission to close certain streets and alleys; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, rwas agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Houston of the 51st asked unanimous consent to withdraw the following bill of the Senate from the Committee on Privileges and Elections, have the bill read a second time, and recommitted to the Committee on Amendments to Constitution:
By Senator Houston of the 51st: Senate Bill No. 22. A bill repealing an Act creating and establishing a
state-wide general election; and for other purposes.

MONDAY, FEBRUARY 3, 1941

131

The consent was granted.
Under special orders and orders of the day, the following bill of the Senate was read the third time and taken up for consideration:
By Senators Redwine of the 26th, Whaley of the 45th, and others: Senate Bill No. 11. A bill to repeal an Act amending Section 68-623
of the Code Of 1933 providing for payments to members of the Public Service Commission; and for other purposes.
At this time, Senator Couch of the 52nd took the chair.
Senator Redwine of the 26th moved to postpone action on Senate Bill No. 11 until Wednesday, February 5, 1941, and that the bill be set as a special order to follow immediately after the period of unanimous consents, and the motion prevailed.
The President returned to the chair.
The follo1w~ng bills and resolutions were read the first time, and referred to committees:
By Senator Odom of the 9th: Senate Bill No. 69. A bill to be entitled an Act to require the fiscal
officers of each county of the State, in making audits of affairs of said county to make same on uniform schedules or forms prepared by State Auditor; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Drake of the 8th: Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend,
consolidate, and supersede several Acts incorporating the City of Colquitt; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Drake of the 8th: Senate Bill No. 71. A bill to amend the Act approved March 2, 1935,
establishing a city court in and for the county of Miller, by changing the method of compensating the Solicitor of said court from a fee basis to a salary basis; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Drake of the 8th, and Senator Odom of the 9th: Senate Resolution No. 22-69A. A resolution proposing that the members
of the Senate be furnished 'with a plate having printed thereon "State Senator" by the Motor Vehicle License Department; and for other purposes.
Referred to Committee on Motor Vehicles.
The following resolution was read the first time, and ordered to lay on

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the table for one day:
By Senator Edwards of the 6th: Senate Resolution No. 23-71A. A resolution requesting the State Wel-
fare Department to furnish the Senate names and addresses of needful old age pensioners in each county of the state.
Senator Edwards of the 6th, President pro tempore, took the chair.
The following bills of the House were read the first time and referred to committees:
By Messrs. Evans of McDuffie, Lovett of Laurens, Bleasc oi Brooks, Culpepper of Fayette, and Elliott of Muscogee:
House Bill No. 4. A bill to repeal and re-establish t!le office of Supervisor of Purchases within the Executive Department; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Ferguson of Camden: House Bill No. 176. A bill to amend an Act granting- a charter to the
City of St. Marys; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Ferguson of Camden: House Bill No. 177. A bill to authorize and empower the City of St.
Marys to close certain portions of certain streets; a!:rl for other purposes. Referred to Committee on Municipal Government.
By :Mr. Aultman of Peach: House Bill No. 199. A bill to create and establish the new charter for
the Town of Byron, Georgia; and for ot:1er purposes. Referred to Committee on Municipal Government.
By Messrs. Etheridge and Kendrick and Mrs. Ma>Okin o;' Fulton: House Bill No. 217. A bill to amend the charter of the City of Fair-
burn and to provide a ~anitary tax; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 223. A .bill to amend the charter of the City of Savannah;
and for other purposes. Referred to Committee 0:>1 Municipal Government.
The following bills of the Senate were read the third time and put upon their passage :
By Senators Redwine of the 2Gth, Whaley of the 45th, and othe:s: Senate Bill No. 6. A bill to regulate the granti:--:.:; o:' paroles and con-

MONDAY, FEBRUARY 3, 1941

133

ditional pardons to person!< convicted of violations of the penal laws and the discharge of prisoners from the penal institutions of the State; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL To be entitled an act to amend the act approved February 3, 1938 (Ga. La:ws Extraordinary Session 1937-38, pp. 200, 202) changing the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission and acts amendatory thereof, by further limiting the issuance of paroles by requiring the evide!lce of satisfactory prison record, and by requiring the app1oval of the Governor of such parole before the prisoner is released; to provide for the keeping of files and records by the Commission; and to p1ovidc for the transfer of the functions, t!uties and powers of the State Board oi Penal Corrections to the State Pri~on and Parole Commission; to repeal conflicting laws; and for other purposes.
Be it and it is hereby enacted by the General Assembly of Georgia:
Section 1. That Section 5 of the act approved February 3, 1938, (Ga. Laws Extraordinary Session 1937-1938, pp. 200, 202), changing the name of the Prison Commission to that of the State Prison and Parole Commission, and acts amendatory thereof, be and the same is hereby amended by repealing said section as written and inserting in lieu thereof the following:
"Any action of the State Prison and Parole Commission, with reference to any parole, probation or pardon, shall not -be effective unless and until such action is approved by the Governor, and no prisoner shall be released upon parole, probation or pardon unless and until the record in said case shows that his or her prison record was satisfactory."
Section 2. That Section 7 of the act approved February 3, 1938, (Ga. Laws Extraordinary Session 1937-1938, pp. 200, 202), relating to the records of the former Prison Commission be and the same is hereby repealed and the following is enacted in lieu thereof:
"Section 7. Upon the approval of this act, it shall be the duty of the State Prison and Parole Commission to keep all records of the conviction and sentence of both felony and misdemeanor convicts, all records and files showing the clasification or grades of such prisoners, their physical condition, conduct and demeanor, description and identification as well as all records relating to the quota of convicts to which the various counties may be entitled or may have been assigned, and all ot01er similar records and files.
"In this connection, it shall be the duty of said State Prison and Parole Commission to notify the proper Warden, in writing, of the date of the expiration of the sentence of each prisoner working under his jurisdiction at least ten days before the date of the expiration of said sentence, and to supply said "rarden with any other information or data, from time to time, with reference

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to reduction of a sentence for good behaviour, or on account of any parole, pro'bation or pardon, or other information needed by the said Warden in carrying out the duties and functions of his office.
"Upon approval of this act it shall be the duty of said Superintendent of State Farms to transfer to the State Prison and Parole Commission all of the above described records and files now in his possession, or in the possession of the State Board of Penal Corrections.
"It is the intention of this Section to impose upon the State Prison and Parole Commission the authority and duty to keep all files and records which the former Prison Commission of the State of Georgia was required to keep un{)er the provisions of Chapters 77-3, 77-4 and 77-5 of the Code of Georgia of 1933.
"The State Prison and Parole Commission shall have the authority and jurisdiction to transfer misdemeanor and felony prisoners from one penal institution to any <>ther penal institution in this State, and to assign such convicts to serve in the various penal institutions of the State; and in the exercise of such powers may segregate youthful or first offenders from other prisoners with whom it would not be in the interest of the rehabilitation of youthful or first offenders to associate or come in contact with."
Section 3. Be it further enacted by the authority aforesaid that all appropriations made to or made available to the Board of Penal Corrections are hereby transferred and appropriated and made available for the usc for which such appropriations were made, or such monies collected, to the State Prison and Parole Commission.
Section 4. Be it further enacted by the authority aforesaid, that all of the duties, powers, and authority of the State Board of Penal Corrections, created by an act approved March 21, 1939 (Ga. Laws, 1939, pages 106'-110) be and the same are here'by transferred to the State Prison and Parole Commission.
Section 5. All Jaws 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 by substitute, 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 by substitute.
By Senators Redwine of the 26th, Whaley of the 45th, and others: Senate Bill No. 7. A bill to create the office of State Superintendent of
Prison Farms and define its duties; and for other purposes.
The committee offered the following substitute, which was adopted:

MONDAY, FEBRUARY 3, 1941

135

Committee substitute for Senate Bill No. 7.
A BILL To be entitled an Act to create the office of State Superintendent of Farm~; to provide for the appointment of said Superintendent, prescribe his powers, duties and functions and fix his compensation and term of office; to abolish the Board of Penal Corrections; to repeal conflicting laws; and for other purposes.
Be it and it is hereby enacted by the General Assembly of Georgia:
Section 1. That there is hereby created the office of State Superintendent of Farms.
Section 2. A superintendent of State Farms shall be appointed by the Governor, and shall serve a term to coincide with the term of the Governor who makes the appointment; and said Superintendent shall be removable only for cause by the Governor, after a hearing. He shall receive a salary of Four Thousand ($4,000.00) Dollars per annum to be paid in monthly installments.
Section 3. No construction work, including the building of houses, factories, indushies, or establishment or operations of industries in buildings already erected, or manufacture of products shall be begun or carried on except by and with the direction and approval of the Governor.
Section 4. Reports shall be made by the Superintendent to the Governor, which reports shall fully set out all of the acts and doings of said Superintendent, together with all monies collected by him and the disposition of same.
Section 5. Said Superintendent shall not be required to keep any records of the conviction and sentence of convicts, or records with reference to the description and identification of the convicts or records of the conduct and classification of any convict, or records with reference to the quota of convicts to <which the various counties are entitled or have been assigned; and upon the approval of this act the Superintendent is hereby authorized and directed to turn over to the State Prison and Parole Commission all such files and records now in the possession of the Board of Penal Corrections, and it shall henceforth be the duty of said State Prison and Parole Commission to keep said files and records.
Section 6. Said Superintendent shall have no power or authority with reference to the orders transferring convicts from one prison camp or other place of service to another, but such matters shall be exclusively within the jurisdiction and under the authority of the State Prison and Parole Commission.
Section 7. Upon the approval of this act the said State Board known as the Board of Penal Corrections, as created by said Act approved March 21, l!J3!J, shall be and the same is hereby abolished, and the members of said

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Board shall thereupon cease to be public officers of the State o1 to have or exercise any power ot authority under and by virtue of said act, and the act, (Ga. Laws 193!J, pp. 106, 110) creating said Boal'd is hereby repealed.
Section 8. Said Superintendent shall not, either with or ~\ithout the direction and approval of the Governor, set up or operate any business, whether industl'ial or agricultural, for the sale of any products, manufactured or grown at any prison farm or penal institution, to the public in competition with private industries or agricultural activities, except :or the needs of the State, its subdivisions, institutions, agencies, departments, and the labor used therein shall be primarily prison labor. h the manufacturing of products for the aforesaid limited purposes, no free labor shall be employed except foremen, electricians and necessary professional employees.
Section 9. That the offiee of Superintendent of State Farms, and the official appointed hereunder, shall have no jurisdiction or control over the State Expc>riment Stations.
Section 10. No one shall be qualified to be appoi"lted Superintendent oZ State Farms under t!lis Act who is not a resident of the State of Georgia, duly qualified to vote for the members of the General Assembly, and also who would be qualified and eligible to serve as a member of the General As.<;emhly if duly elected thereto; and said Superintendent shall give a smety bond in the sum of Ten Thousand ($10,000) Dollars.
Section 11. All laws or parts of la:ws in conflict with this act are hereb~ 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senator Sumner of the lOth: Senate Bill No. 21. A bill to require registrations of guests under their
true names at tourist camps, or like places by whatever name called; to provide for penalties for violation thereof; and for other purooses.
The report 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 pa~~ed.
By Senator Almand of the 27th: Senate Bill No. 23. A bill to provide that any person who shall desecrate
the burial place of any human body, with intent to rob, steal, mutilate or

MONDAY, FEBRUARY 3, 1941

137

maliciously molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the penitentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidE!nce; and for other purposes.
The report 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.
By Senator Park of the 19th: Senate Bill No. 26. A bill to require the Highway Commission of Georgia
to give to the counties of Georgia the right to bid and improve the public roads in the State; and for other pmposes.
The report 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 Couch of the 52nd: Senate Bill No. 31. A bill to amend Section 92-3715 of the Code of
1933 relative to County Taxation and Pauper Tax, so as to provide that said tax will not exceed one and one-fourth mills except by two-thirds vote of two successive Grand Juries; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 3.
The bill, having received the requisite constitutional majority, was passed.
By Senator Park of the 19th: Senate Bill No. 18. A bill to require all petsons having certain claims
against the State of Georgia to have the State Auditor to approve them before payment; and for other purposes.
Senator Lanier of the 18th moved to recommit Senate Bill No. 18 to the Committee on Special Judiciary with instructions to take up with the State Auditor the practicability of carrying out its provisions, and the motion prevailed.
Senator Fortson of the 50th moved that the Senate do now adjourn, and the motion prevailed.
The President pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia, Tuesday, February 4, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. W. H. Faust, Secretary of the Department of Evangelism of the Baptist Churches of Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-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 Edenfield of the 4th a~ked unanimous consent that all members having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senator Hill of the 36th: Senate Bill No. 72. A bill to amend the title ot caption of the Act ap-
proved February 16, l!J38 (Ga. Laws Extraordinary Session l!l37-Hl38, pp. 180, 183), which said act authorizes the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; and for other purposes.
Referred to Committee on Finance.
By Senators Edwards of the 6th, and Sumner of the 1Oth: Senate Bill No. 73. A bill to amend "The Entomology Act of 1!1:~7"
(Ga. Laws 1937, pp. 659, 671), establishing a State Department of Entomology, defining its powers, duties and functions; and for other purposes.
Referred to Committee on Agriculture.
By Senator Clark of the 44th: Senate Bill No. 74. A bill to amend an Act entitled "An Act to promote
temperance and prosperity for Georgia people;" and for other purposes. Referred to Committee on Temperance.
By Senator Sumner of the lOth: Senate Resolution No. 24-73a. A resolution proposing to the qualified
voters of this State for ratification or rejection an amendment to Article III, Section X, Paragraph I of the Constitution of Georgia; and for other purposes.
Referred to Committee on Amendments to Constitution.

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139

By Senator Sumner of the lOth: Senate Resolution No. 25-73b. A resolution proposing to the qualified
voters of this State for ratification or rejection an amendment to Article III, Section IV, Paragraph III of the Constitution of Georgia; and for other purposes.
Referred to Committee on Amendments to Constitution.
Senator Edenfield of the 4th asked unanimous consent that all House bills ready for passage be taken up immediately after reports of standing committees and second readings of bills and resolutions.
The consent was granted.
The follol\ving privileged resolution was read and adopted:
By Senator Campbell of the 34th: A resolution extending the privileges of the floor to the Hon. A. B. Dennis,
the distinguished Editor and Publisher 'Of the Covington News.
Mr. Houston of the 51st 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 insttucted me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 48. Do pass.
Respectfully submitted, Houston of 51st district, chairman.

Dr. Coker of the 39th 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 foll01wing 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. 34. Do not pass.
Respectfully submitted, Coker of 39th district, chairman.

Mr. Daughtly of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President;

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JOURNAL OF THE SENATE,

Your Committee on :\Iunicipal 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- recommendations:
House Bill No. 140. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.

Mr. Edwards of the 6th District, Chairman of the Committee on Education and Public Schools No. 1, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools No. 1 have had under consideration the follo:1ving 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. 49. Do pass.
Respectfully submitted, Edwards of Gth district, chairman.

Mr. Steed of the 43rd District, Chairman oi' 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 House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 77. Do pass. House Bill No. 76. Do pass. House Bill No. 112. Do pass. Senate Bill No. 57. Do pass. Senate Bill No. 69. Do pass. Senate Bill No. 71. Do pass.
Respectfully submitted, Steed of 43nl district, chairman.

Mr. Holt of the 48th District, vice-chairman of the Committee on State of the Republic, submitted the following report:
:vir. President:
Your Committee on State of the Rrpublic have had under consideration the

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141

following bills and resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 1. Do pass.
House Resolution No. 9-2A. Do pass.
Senate Bill No. 42. Do pass.
Senate Bill No. 43. Do pass.
Respectfully submittecl, Holt of 48th district, vice-chairman.

Mr. Daughtry of the 21st 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. 153. Do pass.
House Bill No. 154. Do pass. House Bill No. 148. Do pass. House Bill No. 94. Do pass.
House Bill No. 135. Do pass. House Bill No. 109. Do pass. House Bill No. 168. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to Constitution submitted the following report:
lV!r. President:
Your Committee on Amendments to Constitution 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 followh1g recommendations:
Senate Resolution No. 21 ( GSG"). Do pass.
Senate Bill No. 22. Do pass.

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JOURNAL OF THE SENATE,

House Resolution No. 13-32B. Do pass. House Resolution No. 14-34A. Do pass. House Bill No. 120. Do pass.
Respectfully submitted, Holt of 48th district, chairman.

Mr. Drake of the 8th 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 recommendations:
House Bill No. 36. Do pass.
Respectfully submitted, Drake of 8th district, chairman.

Mr. :Martin 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 recommendations:
Senate Bill No. 50. Do pass.
Respectfully submitted, Martin of 3rd district, chairman.

Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 6.
Senate Bill No. 7.
Senate Bill No. 21.
Senate Bill No. 23.

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143

Senate Bill No. 26. Senate Bill No. 31.

Respectfully submitted, Hill of 36th district, chairman.

Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 4.
Respectfully submitted, Rowland of 16th district, chairman.

The following bills and resolutions of the Senate and House, favorably reported by the committees, :were read the second time:
By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th, and Sumner of the 1Oth:
Senate Bill No. 42. A bill to authorize the Commissioner of Agriculture to exercise the powers and duties now imposed by law upon the State Veterinarian; and for other purposes.
By Senators Edwards of the 6th, Edenfield of the 4th, and others: Senate Bill No. 43. A bill to abolish the office of State Veterinarian as
created in the act approved February 17, 1937; and for other purposes.
By Senator Fortson of the 50th: Senate Bill No. 49. A bill to amend Section 32-917 of the Code providing
for the consolidation of school districts, for the holding of elections to pass on such consolidations, to provide for the declaration of results of such election; and for other purposes.
By Senator Gross of the 20th: Senate Bill No. 50. A bill to amend Section 84-1313 of the Georgia Code
relating to the qualifications of applicants for registration as pharmacists for providing exceptions; and for other purposes.
By Senator Burnside of the 29th: Senate Bill No. 57. A bill to provide additional compensation for sheriffs
and clerks of court in certain counties of this State; and for other purposes.
By Senator Odom of the 9th:

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Senate Bill No. 69. A bill to require the fiscal officers of each county of the State, in making audits oZ affairs of said county to make same on uniform schedules or forms prepared by State Auditor; to provide for certified copy of said audit to be filed with State Auditor within 30 days from date of audit; and for other purposes.
By Senator Drake of the 8th: Senate Bill No. 71. A 'bill establishing a city court in and for the county
of Miller, by changing the method of compensati!lg the Solicitor of said court from a fee basis to a salary basis; and for other purposes.
By Senator Hanison of the 23rd: Senate Resolution No. 21-68B. A resolution proposing to the qualified
voters of the State of Georgia for ratification or rejection an amendment to Paragraph 3, Section 4, Article 3 of the Constitution of Georgia and for other purposes.
By Messrs. Evans of :McDuffie, Lovett of Laurens, Blease of Btooks, Culpepper ,,f Fayette a'1d Elliott of Muscogee:
House Resolution No. 9-2A. A resolution proposing to the people of Georgia that Article 5, Section 1, Parag'l'aph 2, of the Constitution of Georgia be amended by fixing the terms of office of the Governor and other constitutional officers; and for other purposes.
By Messrs. Grice, Bloodworth and Weaver of Bibb: House Resolution No. 13-32B. A resolution amending the Constitution
of Georgia so the City of Macon may exempt from taxation new buildings, machinery and equipment; and for other purposes.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Resolution No. 14-34A. A resolution to propose to the qualified
voters of Georgia an amendment to Article 7, S~:-ction 2, Paragraph 1, of the Constitution of Georgia, so a:;; to authorize the City of Macon, with respect to territory hereafter acquired; and for other purposes.
By Messrs. \Veaver, Bloodworth and Grice of Bibb: House Bill No. 36. A bill to amend an Act entitled an Act to establish
the City Court of Macon in and ~or the County of Bibb; and for other purposes.
By Mr. Jackson of Henry: House Bill No. 76. A bill to abolish the County Court of Henry County;
and for other purposes.
By Mr. Jackson of Henry: House Bill No. 77. A bill to establish a City Court of Henry County; and
for other purposes.
By :Mr. Pilcher of Warren:

TUESDAY, FEBRUARY 4, 1941

145

House Bill No. 94. A bill to amend, consolidate, and supersede the several Acts incorporating the Town of Camak; and for other purposes.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 109. A bill to alter, revise, and amend the several acts
relating to the Incorporation of the City of Marietta; and for other purposes.
By Mr. Inglis of Habersham: House Bill No. 112. A bill to create and establish the City Court o.f
Habersham County; and for other purposes.
By Mr. Daves of Dooly: House Bill No. 120. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution to authorize the City of Unadilla to incur a bonded indebtedness; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 135. A bill to amend an Act to incorporate the town of
Forrest Park in the County of Clayton; and for other purposes.
By Mr. Drake of Seminole: House Bill No. 140. A bill to amend the Act approved Aug-ust 20, 1906,
creating a new Charter for the town of Donalsonville, by adding certain provisions authorizing and empowering the City to make certain improvements; and for other purposes.
By Mr. Horne of Crisp: House Bill No. 148. A bill to amend the Charter of the City of Cordele,
Georgia; and for other purposes.
By l\'Iessrs. Simmons and Mills of Decatur: House Bill No. 153. A bill to amend an Act to incorporate the town
of Attapulgus in Decatur County, Georgia; and for other purposes.
By Messrs. Simmons and :\fills of Decatur: House Bill No. 154. A bill to repeal an Act to incorporate the town of
Diffee; and for other purposes.
By Messrs. Roughton and Smith of Washington: House Bill No. 16'8. A bill to amend, consolidate, and supersede the sev-
eral acts, incorporating the City of Sandersville; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 48. A bill to amend an Act of the General Assembly
of Georgia to a~olish the fee system now existing in the Superior Courts of the Stone Mountain Judicial Circuit, as applied to the office of solicitorgeneral; and for other purposes.
The foUowing bill of the House was read the third time and put upon

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JOURNAL OF THE SENATE,

its passage:
By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee:
House Bill No. 1. A bill to fix the powers of the Governor in administering appropriations; and for other purposes.

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

Senator Ed1w'ards of the 6th, President pro tempore, took the chair.

Senator Fortson of the 50th called for the previous question and the call was sustained.

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

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry Dobbs

Drake Edenfield Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker

Kirkland Lewallen Mason McGehee ::\iilhollin :Mosley Odom Park Pilcher Rowland Smith, 24th Steed Striplin Sumner Whaley

Those voting in the negative were Senators:

Lanier

Ma1tin

Not voting were Senators: Dorsey, Ragan, Smith of 35th, and Wall.

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

On the passage of the bill, the ayes were 45, nays 2.

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

The following message was ~eceiv~d :j'rom the House through Mr. Boone, the Clerk thereof:

TUESDAY, FEBRUARY 4, 1941

147

Mr. President:
The House has passed by the requisite constitutional majority the follow ing bills and resolutions of the House and Senate, to-wit:
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 222. A bill to be entitled an Act amending the Consti-
tution of Georgia, so as to authorize the City of Savannah to pay to the National Gypsum Company $50,000 for erecting a wharf; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 226. A bill to be entitled an Act to amend an Act, to
consolidate and supersede the several Acts incorporating the City of Jonesboro and acts amendatory thereof, in the County of Clayton, State of Georgia, to provide power and authority to condemn private property for public purposes; to provide for issuing bonds for public improvements; to provide for street and paving assessments; to provide for calling bond electoins, and for other purposes.
By Mr. Walker of Grady: House Bill No. 231. A bill to be entitled an Act relating to the City of
Cairo, Georgia, to authorize the Mayor and Council of said City to pass zoning and planning laws; to regulate the plans for the development of the real estate therein; to provide for a referendum, and for other purposes.
By Mr. Holtzendorf of Ben Hill: House Bill No. 235. A bill to be entitled an Act to amend an Act to in-
corporate the City of Fitzgerald and establishing a new charter therefor, and for other purposes.
By Mrs. Wetherbee of Dougherty: House Bill No. 229. A bill to be entitled an Act to amend the Albany
City Charter so as to empower the City Commissioners to extend water furnishing appliances and fire protection beyond city limits, and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 9. A bill to create a State Housing Authority; to provide for membership thereon, and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and }iilhollin of the 46th:
Senate Bill No. 10. A bill to create the State Hospital Authority; to provide for transferring to the State Hospital Authority so created all of the powers vested in and imposed upon the State Hospital Authority; and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th,

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JOURNAL OF THE SENATE,

Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th: Senate Bill No. 12. A bill to fix the sa!ary of the Secretary of State;
and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th and Milhollin of the 46th:
Senate Bill No. 13. A bill to fix the salary of the State Treasurer; and for other purposes. By Senators Redwine of the 26th, Whaley of the 4fith, Edenfield of the 4th, Compbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 14. A bill to fix the salary of the Comptroller Ge.!leral; and for other purposes.
By Mr. Wilbanks of Cherokee: House Bill No. 243. A bill to be entitled an Act to amend, consolidate
and supersede the several acts incorporating the Town of Ball Ground, and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 15. A bill to fix the com!Jensation of the State Superintendent of Schools as executive secretary of the State Board of Education and the administrative officer of the State Department of Education; and for other purposes.
By Senators Redwine of the 26th, Whaley of the 45th, E~enfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 16. A bill to repeal an Act to nrovide for the confirmation by the Senate of appointees of the Governor for public office; and for other purposes.
By Senators Redwine of the 26th, \Vhaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Resolution No. 10. A resolution proposing to the people of Georgia for ratification or rejection as amendment to Article 8, Section 2, Paragraph 1 of the Constitution of Georgia, fixing the term of office of the State School Superintendent; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority, the following bill of the Senate, to-wit:
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th; Edwards of the 6th; and Milhollin of the 46th:
Senate Bill No. 8. A bill to repeal an Act establishing the Georgia Radio Commission; and for other purposes.
The following bills of the House were read the first time and referred to committees:

TUESDAY, FEBRUARY 4, 1941

149

By Mess1s. Atkinson, Grayson and McNall of Chatham: House Bill No. 222. A bill amending the Constitution of Georgia, so as
to authorize the City of Savannah to pay the National Gypsum Company $50,000.00 for erecting a wharf; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Wells of Clayton: House Bill No. 226. A bill to amend an Act to consolidate and supersede
the several Acts incorporating the City of Jonesboro and Acts amendatory thereof, in the County of Clayton, State of Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. 'Vetherbee and Sabados of Dougherty: House Bill No. 229. A bill to amend the Albany City Charter so as to
empower the City Commissioners to extend water furnishing appliances and fire protection beyond City limits; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Walker of Grady: House Bill No. 231. A bill relating to the City of Cairo, Georgia, to
authorize the Mayor and Council of said City to pass zoning and planning laws; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Holtzendorf of Ben Hill: House Bill No. 235. A bill to amend an Act to incorporate the City of
Fitzgerald and establishing a new charter therefor; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Wilbanks of Cherokee: House Bill No. 243. A bill to amend, consolidate a,nd supersede the sev-
eral Acts incorporating the Town of Ball Ground; and for other purposes. Refened to Committee on Municipal Government.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Houston of the 51st: Senate Bill No. 22. A bill to repeal an Act creating and establishing a
state-wide general election provided by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 3.
The bill, having received the requisite constitutional majority, was passed.
By Senator Park of the 19th:

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JOURNAL OF THE SENATE,

Senate Bill No. 3!J. A bill to amend Section 59-106 of the Code of Georgia 1933, to add the names of women to jury lists; and for other purposes.
Senator Guyton of the 1st moved that Senate Bill No. 39 be tabled and the motion prevailed.
Dr. M. L. Brittain, President of the Georgia School of Technology, was introduced to the members of the Senate by the P1esident pro tempore. He addressed the Senate briefly and presented the President a gavel made by the students of Georgia Tech.
The President accepted the gavel and expressed his appreciation for the gift.
By Senators Coker of the 39th and Almand of the 27th: Senate Bill No. 55. A bill to amend the Act authorizing the creation of
non-profit corporations for the purpose of furnishing group hospital service; and fox other purposes.
The report of 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 follo,wing bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 8. A bill to repeal an Act establishing the Georgia Radio Commission; and for other purposes.
The House offered the following amendment:
Weaver of Bibb moves to amend Senate Bill No. 8 by striking the words "The Board of Regents of the University System of Georgia" wherever they appear in said Bill and inserting in lieu thereof the words "The Regents of the University System of Georgia."
Senator Edenfield of the 4th moved that the Senate concur in the House amendment, and the motion prevailed.
Senator Fortson of the 50th moved that the Senate do now adjourn, and the motion prevailed.
The President pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock..

WEDNESDAY, FEBRUARY 5, 1941

151

Senate Chamber, Atlanta, Georgia,
Wednesday, February 5, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
The prayer was offered by the Rev. J. H. Allison, pastor of the Warren A. Candler Methodist Church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-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 Edenfield of the 4th asked unanimous consent that the following be set as the order of business for today immediately after the period of unanimous consents:
1. lntreduction of hills and resolutions.
2. Reports of standing committee.
3. Second readings of bills and resolutions favorably reported.
4. Putting on passage local uncontested bills and resolutions.
5. Reading House Bills first time for reference.
6. General bills and resolutions.
The consent was granted.
The follO'wing bills were introduced, read the first time, and referred to committees:
By Senators Odom of the 9th, Campbell of the 34th, and Couch of the 52nd: Senate Bill No. 75. A bill to permit the operation of motion picture
theatres on Sundays; to prescribe the conditions therefor; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Couch of the 52nd: Senate Bill No. 76. A bill to amend Section 27-2702 of the Code of Ge01'-
gia of 1933, relating to the powers of courts to place offenders on probation by further enlarging the powers of courts as to cases of abandonment or bastardy, and with reference to the collection and disbursing of alimony for the support of wives or children; and for other purposes.
Referred to Committee on Uniform Laws.

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JOURNAL OF THE SENATE,

By Senator Fortson of the 50th: Senate Bill No. 77. A bill to authorize housing authorities to undertake
the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities; and for other purposes.
Referred to Committee on Military Affairs.
By Senator Edwards of the 6th: Senate Bill 1\'o. '78. A bill to regulate Labor Organizations: To prohibit
them from seeking money from persons working on projects being financed by tax money; and for other purposes.
Referred to Committee on State of Republic.
By Senator Fortson of the 50th: Senate Bill No. 79. A bill to require the registration of automobiles and
the purchase of license plates therefor on Ol' before January f1rst of the year for .which such license plates are issued; to provide for the sale of such license plates between November 1st and December 31st of each year, for the succeeding year; and for other purposes.
Referred to Committee on Motor Vehicles.
Senator Edwaids of the 6th arose to a point of personal privilege and addressed the Senate.
Senator Lanier of the 18th arose to a point of personal privilege and addressed the Senate.
The following message was received from the House throug-h :vrr. Boone, 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. Bloodworth, Grice and Weaver of Bibb: House Bill No. 151. A bill to be entitled an Act to vest in the County
Commissioners of Bibb County additional power and authority, and for other purposes.
By Messrs. Kelly and Mavity of \Valker: House Bill No. 163. A bill to be entitled an Act to amend an Act cre-
ating the Board of Roads and Revenue of Walker County so as to empower the Commissioner to hire a clerk; and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 171. A bill to be entitled an Act to establish a County
Planning Commission and Board of Zoning Appeals for Fulton County, and for other purposes.

WEDNESDAY, FEBRUARY 5, 1941

153

By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 172. A bill to be entitled an Act to amend the County
Bu<lget for Fulton County to provide for additional publicity and various other technical changes, and for other purposes.
By Messrs. Kendrick and Etheridge, and Mrs. Mankin of Fulton: House Bill No. 173. A bill to be entitled an Act to amend the Budget
law fot Fulton County so as to define the method of determining anticipated expenditures in any future budget; and for other purposes.
By :.\Iessrs. Davis and Arnall of Coweta: House Bill No. 181. A bill to be entitled an Act to provide the County
Surveyor of Coweta County with proper equipment and supplies, and for other purposes.
By Mr. Gaston of Butts: House Bill No. 184. A bill to be entitled an Act to reduce the bond of
the Sheriff of Butts County, Georgia, from $10,000 to $2,000, etc., and for other purposes.
By :VIr. Gaston of Butts: House Bill No. 196. A bill to be entitled an Act to Repeal the Act cre-
ating the Board of Commissioners of Roads and Revenues for Butts County, Georgia, and for other purposes.
By Mr. Gaston of Butts: House Bill No. 197. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for Butts County, Georgia, and for other purposes.
By Messrs. Mavity and Kelly of walker: House Bill No. 221. A bill to be entitled an Act to reduce the official
bond of the Sheriff of \Valker County; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 3. A bill to provide for the suspension of the State Treasurer and Comptroller General, for the appointment of a suitable person to discharge the duties of the office of either in case of suspension, and for other purposes.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following

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bills of the Senate and have instructed me as Chairman, to report the same .back to the Senate as correct and ready for transmission to the House:

Senate Bill No. 22.

Senate Bill No. 55.

Respectfully submitted, Hill of 36th district, chairman.

The following privileged resolutions were read and adopted:

By Senator Coker of the 39th:
A resolution extending the privileges of the floor to the Hon. Grady Vandivere, Solicitor-General of the Blue Ridge Circuit.

By Senator Campbell of the 34th:
A resolution extending the ptivileges of the floor to the Hon. Tom Bryan, Clerk of the Superior Court from Walker County.

By Senator Bargeron of the 17th:
A resolution extendin?; the privileges of the floor to the Ron. H. L. Lanham, Solicitor-General of the Rome Circuit.

By Senator Lanier of the 18th:
A resolution extending the privileges of the floor to the Hon. Lt>o Seybold, Washington Representative of the Council of State Governments.

By Senator Milhollin of the 46th:
A resolution extending the privileges of the floor to the Ron ..John B. D. Paulk, distinguished citizen of Glynn County.

Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:

Your Committee on Enrollment have read and examined the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as conect and ready for transmission to the Governor:

Senate Bill No. 3.

Senate Bill No. 8.

'

Senate Bill No. 9.

Senate Bill No. 10. Senate Bill No. 12. Senate Bill No. 13.

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155

Senate Bill No. 14.
Senate Bill No. 15.
Senate Bill No. 16.
Senate Resolution No. 10.
Respectfully submitted, Rowland of 16th district, chairman.
Mr. 7vfcGehee of the 25th District, vice-chairman of the Committee on General Judiciary No. 2, submitted the follo:w:ing 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 Vice-Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 32. Do pass.
Respectfully submitted, McGehee of 25th district, vice-chairman.
Mr. Holt of the 48th 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 recommendations:
House Bill No. 222. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Holt of the 48th 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 resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 19. Do pass by substitute.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special

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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 recommendations:
House Bill No. 74. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
:Wr. Guyton of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 68. Do pass.
Respectfully submitted, Guyton of 1st district, chairman.
Mr. Bargeron of the 17th District, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President:
Your Committee on Military Affairs have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 58. Do pass.
Senate Bill No. 59. Do pass.
Senate Bill No. 60. Do pass.
Senate Bill No. 61. Do pass.
Respectfully submitted, Bargeron of 17th district, chairman.
Mr. Campbell of the 34th 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

WEDNESDAY, FEBRUARY 5, 1941

157

Senate Resolution No. 22-69A. Do pass.
Respectfully submitted, Campbell of 34th district, chairman.
Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on ::\1unicipal 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. 78. House Bill No. 79. House Bill No. 176.

Do pass. Do pass. Do Pass.

House Bill No. 177. Do pass.

House Bill No. 223. Do pass. House Bill No. 199. Do pass as amended.

House Bill No. 217.

Do pass as amended.
Respectfully submitted, Daughtry of 21st district, chairman.

The following bills and resolutions of the Senate and House, favorably reported by the Committees, were read the second time:

By Senator Couch of the 52nd:
Senate Bill No. 32. A bill to amend Paragraph 8, Section 24-2715 of the Code of 1933 relating to additional duties -of Clerk of Superior Court.

By Senator Coxon of the 2nd:
Senate Bill No. 58. A bill authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other purposes.

By Senator Coxon of the 2nd:
Senate Bill No. 59. A bill to amend Section 88-801 of the Georgia Code of 1933 relating to registration by owners of explosives and obtaining a license authorizing the ownership, possession and control of the same by providing that the ordinary may refuse to issue a license upon the finding of certain facts; and for other purposes.
By Senator Coxon of the 2nd: Senate Bill No. 60. A bill providing for fresh pursuit by military forces,
and authorizing this State to cooperate with other States therein; and for other purposes.

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By Senator Coxon of the 2nd: Senate Bill No. 61. A bill to protect property by making criminal certain
unlawful entries on, injuries to and interferences with property, authorizing the closing of highways, and to provide penalties; and for other purposes.
By Senator Gross of the 20th: Senate Resolution No. 19. A resolution proposing to the qualified voters
of the State of Georgia for ratification or rejection an amendment to Paragraph 2, Section 2, Article 7 of the Constitution of Georgia, so as to exempt from all taxation, all cooperative, non-profit, membership cooperations organized for the purpose of engaging in rural electrification; and for other purposes.
By Senators Whaley of the 45th, and Martin of the 3rd: Senate Bill No. 68. A bill to amend Section 45-308 of the Code of Geor-
gia providing for a different date for the commencement of open season for the hunting of game in certain territory of this State; and for other purposes.
By Messrs. Grice, Weaver and Bloodworth of Bibb: House Bill No. 74. A bill to establish the city coult of Macon in and for
the County of Bibb; and for other purposes.
By Mr. Mavity of Walket: House Bill No. 78. A bill to amend the Charter of the City of LaFayette;
and for other purposes.
By Mr. Mavity of Walker: House Bill No. 79. A bill to amend the charter of the City of LaFayette;
and for other purposes.
By Mr. Ferguson of Camden: House Bill No. 176'. A bill to amend an Act granting a Chattct to the
City of St. Marys; and for other purposes.
By Mr. Ferguson of Camden: House Bill No. 177. A bill to authorize and empower the City of St.
:Marys, to close certain portions of certain streets; and for other purposes.
By Mr. Aultman of Peach: House Bill No. 199. A bill to create and establish a new charter for the
Town of Byron, Peach County, Georgia; to define its territorial limits; to create a Municipal Government for said town; and for other purposes.
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: House Bill No. 217. A bill to amend the charter of the City of Fairburn
a!ld to provide a sanitary tax; and for other purposes.
By Messrs. Atkinson, Grayson ancl McNall of Chatham: House Bill No. 222. A bill amending the Constitution of Georgia, so as

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159

to authorize the City of Savannah to pay the National Gypsum Company $50,000.00 for erecting a wharf; and for other purposes.
By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 223. A bill to amend the charter of the City of Savannah;
and for other purposes.
The following- bills of the Senate and bills and resolutions of the House were read the third time and put upon their passage:
By Senator Campbell of the 34th: Senate Bill No. 48. A bill to amend an Act of the General Assembly of
Georgia to abolish the fee system now existing- in the Superior Court of the Stone Mountain Judicial Circuit, as applied to the office of Solicitor General; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, !\vas passed.
By Senator Burnside of the 29th: Senate Bill No. 57. A bill to provide additional compensation for sheriffs
and clerks of court in certain counties of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes werfl 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Drake of the 8th: Senate Bill No. 71. A bill to amend the Act approved March 2, 1935,
establishing a City Court in and for the county of Miller; and for other purposes.
The report of the committee, which was favorable to the passagE: of the bill, was agreed to.
On the passage of the bill, the ayes 1were 39, nays 0.
The bill, having received the requisite constitutional majorit)l, was passed.
By Messrs. Grice, Weaver and Bloodworth of Bibb; House Resolution No. 13-32B:
A RESOLUTION An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 2, of the Constitution of Georgia, so as to add

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at the end of a previous amendment to said paragraph, identified as "Paragraph 2A" a new paragraph to be known as "Paragraph 2B" to-wit:
"Paragraph 2B. The City of Macon, in the discretion of its governing body, may, in respect to any taxable year subsequent to 1941, and for a maximum period of five (5) years from the date such exemption is marie effective, exempt from municipal ad valorem tax any new buildings, machinery or equipment therein and any additions to present buildings, machinery or equipment therein, to the extent of the increased value represented by such buildings, machinery or equipment or additions thereto, this exemption not extending to the land upon which such buildings, machinery, or equipment may be located or to mere replacements. The City of Macon is herewith empowered to make provisions for the operation of this paragraph by appropriate ordinances or resolutions"; 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 Article (7), Section (2), Paragraph (2) of the Constitution of Georgia be and the same is hereby further amended by adding, at the end of a previous amendment embodied in "Paragraph 2A", another paragraph to be known as "Paragraph 2B, to-wit:
"Paragraph 2B. The City of }facon, in the discretion of its governing body, may, in respect to any taxable year subsequent to 1941, and for a maximum period of five (5) years from the date such exemption is made effective, exempt from municipal ad valorem tax any new buildings, machinery or equipment therein and any additions to present buildings, machinery or equipment therein, to the extent of the increased value represented by such buildings, machinery or equipment or additions thereto, this exemption not lXtending to the lands upon which such buildings, machinery or equipment may be located or to mere replacements. The City of Macon is herewith empowered to make provisions for the operation of this paragraph by appropriate ordinances or resolutions."
SECTION 2.
Be it further enacted by the authority aforesaid, that when said amendment shall hav~ been agreed to by two-thirds vote of the members of each House, and shall be entered on their journals :with the yeas and nays taken thereon, and the Governor shall have caused said amendment to 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 Cons~it11tion of bis State may be voted on, the amendment 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 2, Paragraph 2, of the Constitution of Georgia, authorizing the City of Macon to exempt

WEDNESDAY, FEBRUARY 5, 1941

161

from municipal ad valorem tax, for a period of five (5) years, new buildings, machinery, or equipment and additions thereto", 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 2, Paragraph 2, of the Constitution of Georgia, authorizing the City of Macon to exempt from municipal ad valorem tax, for a period of five (5) years, new buildings, machinery or equipment and additions thereto", and if a majol:ity of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, as determined as provided by law, the said amendment shall become a part of Article 7, Section 2, Paragraph 2, 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 and that of its governing body, shall be authorized to perform the Act or Acts embraced in said 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.

Vetoed February 13, 1941, Eugene Talmadge, Governor.

The report of the committee, which was favorable to the adoption 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Couch Daughtry Drake Edenfield

Edward~
Fortson Foster Garner Gross Guyton Hamilton Hill Holt Houston Kirkland Lanier Lewallen

Martin MasoR McGehee Milhollin Odom Park Pilcher Rowland Smith, 35th Steed Striplin Sumner

Not voting were Senators: Clark, Coker, Coxon, Dobbs, Dorsey, Franklin, Kiker, Mosley, Ragan, Smith of 24th, Wall and Whaley.

By unanimous consent, the verification of the roll call was dispensed rwith. On the adoption of the resolution, the ayes were 39, nays 0.

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The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By Weaver of Bloodworth, Grice of Bibb; House Resolution No. 14-34A:
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon, with respect to territory hereafter acquired, to levy, for a maximum period of ten years, a less and varying property tax than that applicable to its present territorial limits, commensurate with the municipal benefits and improvements extended; 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 2, Paragraph 1, of the Constitution of Georgia, as the same has been amended, .shall be further amended by adding at the end thereof a new paragraph in the follo:wing words, to-wit:
"Except that the City of Macon, in the discretion of its governing body, may, with respect to any territory hereafter acquired, and for a period not exceeding ten (1 0) years from the date of such acquisition, levy an annual property tax of a less and varying amount than that levied with respect to its present corporate limits, such annual levy to be commensurate with the municipal benefits and improvements extended to such newly acquired territory and inhabitants, to be judged of in the sole and exclusive discretion of such governing body."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall have been agreed to by two-thirds vote of the members of each House, and shall be entered on their journals with the yeas and nays taken thereon, and the Governor shall have caused said amendment to be published in one or more newspapers in each Congressional District in this State for t:wo (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 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 2, Paragraph 1, of the Constitution of Georgia, authorizing the City of Macon to levy a less and varying tax with respect to territory hereafter acquired," 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 2, Paragraph 1, of the Constitution of Georgia, authorizing the City of Macon to leyy a less and varying tax with respect to territory hereafter acquired," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, as determined as provided by law, the said amendment shall become a part of

WEDNESDAY, FEBRUARY 15, 1941

16'3

Article 7, Section 2, 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 and that of its governing body, shall be, authorized to perform the Act or Acts embraced in said Amendment.

Section 3. Be it further enacted by the authority aforesaid that all law:;;, or parts of laws, in conflict herewith shall be, and are hereby, repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution proposing an amendment to the Constitution, a roll call was ordered and the vote rwas as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Couch Coxon Daughtry Dobbs

Drake Edenfield Edwards Fortson Foster Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland

Lanier Lewallen Martin Mason McGehee Mil8ollin Odom Park Pilcher Rowland Smith, 24th Smith, 35th Striplin Sumner

Not voting were Senators: Coker, Dorsey, 'Franklin, Kiker, Mosley, Ragan, Steed, Wall and Whaley.

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

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Messrs. Weaver, Bloodworth, ami Grice of Bibb: House Bill No. 36. A bill to amend an Act to establish the City Court
of Macon iR and for the County of Bibb; and for other purposes.

The report of the committee, which was favora'ble to the passage of the bill, was agreed to.

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

The bill, having received the requisite constitutional majority, WflS :pa<>sed,

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JOURNAL OF THE SENATE,

By Mr. Jackson of Henry: House Bill No. 76. A bill to abolish the County Court of Henry County;
and for other purposes. The report of the committee, 'Which was favorable to the passage of the
bill, was agreed to.
On the passage of the bill, the ayes were 3!J, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Mr. Jackson of Henry: House Bill No. 77. A bill to establish the City Court of Henry County;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, :was passed.
By Mr. Pilcher of Warren: House Bill No. 94. A bill to amend, consolidate, and supersede the sev-
eral Acts incorporating the Town of Camak; and for other purposes. The report of the committee, which was favorable to the passage uf the
bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 109. A bill to alter, revise, and amend the several Acts
relating to the incorporation of the City of Marietta; and for other purposes.
The report of the committee, which :was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Inglis of Habersham: House Bill No. 112. A bill to create and establish the City Court of
Habersham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 3!J, nays 0.
The bill, having received the requisite constitutional majority, was passed,

WEDNESDAY, FEBRUARY 5, 1941

165

By Mr. Daves of Dooly; House Bill No. 120:
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 Unadilla 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 past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1944; 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, past due and unpaid on January 1, 1941, or which may become due up to and including January 1, 1944; 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 eJ{cept that the City of Unadilla may issue refunding serial bonds not in excess of the aggregate sum of $20,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding a'nd which becomes due up to and including January 1, 1944, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Unadilla to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1944. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Unadilla charged with the duty of managing its corporate affairs, 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, w;th 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 f01 holding the next general election, at which proposed amendments to th0 Constitution of this State may be voted on, same shaiJ 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

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snail have written or print11d on their ballots the words, "For ratification of Amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Unadilla to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on theit ballots the '\\Ords "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Unadilla to issue refunding bonds." And if a majority Of the electors qualified to vote for members of the G.:>neral Assembly, voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for member.> 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 GovernJr shali make a proclamation therefor, as provided by law.
SECTION 3. All laws or parts of laws in conflict heret\vith 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:

Adams Bargeron Barnhill Bland Bradley Burnside Campbell Clark Coker Couch Coxon Daughtry Drake

E.denfield Edwards Fortson Foster Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland Lanier Lewallen

Martin Mason McGehee Milhollin Mosley Odom Park Pilcher Rowland Smith, 24th Striplin Sumner Whaley

Not voting were Senators: Almand, Cannon, Dobbs, Dorsey, Franklin, Garn;r, Kiker, Ragan, Smith of 35th, Steed and Wall.

By unanimous consent, the verification of the roll call 1was dispensed with.

On the passage of the 'bill, the ayes were 40, nays 0.

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

By Mr. Wells of Clayton: House Bill No. 135. A bill to amend an Act to incorporate the Town

WEDNESDAY, FEBRUARY 5, 1941

167

of Forrest 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 39, nays 0. The bill, having received the requisite constitutional majority, <was passed.
By Mr. Drake of Seminole: House Bill No. 140. A bill to amend the Act creating a new charter for
the Town of Donalsonville, by adding certain provisions authorizing and empowering the City to make certain improvements; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Horne of Crisp: House Bill No. 148. A bill to amend the charter of the City of Cordele;
and for other purposes.
The report of the committee, ;which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Messrs. Simmons and Mills of Decatur: House Bill No. 154. A bill to repeal an Act to incorporate the Town of
Diffee; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, <was passed.
By Messrs. Roughton and Smith of Washington: House Bill No. 168. A bill to amend, consolidate, and supersede the sev-
eral Acts incorporating the City of Sandersville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills of the House were read the first time and referred to

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the committees:
By Messrs. Bloodworth, Grice, and Weaver of Bibb: House Bill No. 151. A bill to vest in the County Commissioner of Bibb
County additional po1wer and authority; and for other purposes. Referred to the Committee on Counties and County Matters.
By Messrs. Kelly and Mavity of Walker: House Bill No. 163. A bill to amend an Act creating the Board of Roads
and Revenue of Walker County so as to empower the commissioner to hire a clerk; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Mrs. Mankin, Messrs. Kendrick, and Etheridge of Fulton: House Bill No. 171. A bill to establish a County Planning Commission
and Board of Zoning Appeals for Fulton County; and for other purposes. Referred to the Committee on Counties and County Matters.
By Mrs. Mankin, Messrs. Kendrick, and Etheridge of Fulton: House Bill No. 172. A bill to provide a budget for all counties in this
State having a population of two hundred thousand or more by the United States Census of 1930; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Mrs. Mankin, Messrs. Kendrick, and Etheridge of Fulton: House Bill No. 17 3. A bill to amend the Budget Law for Fulton County
so as to define the method for determining anticipated expenditureg in any future budget; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Messrs. Davis and Arnall of Coweta: House Bill No. 181. A bill to provide the County Surveyor of Coweta
County with proper equipment and supplies; and for other purposes. Referred to the Committee on Counties and County Matters.
By Mr. Gaston of Butts: House Bill No. 184. A bill to reduce the bond of the Sheriff of Butts
County, Georgia, from $10,000.00 to $2,000.00; and for other purposes. Referred to the Committee on Counties and County Matters.
By Mr. Gaston of Butts: House Bill No. 196. A bill to repeal the Act creating the Board of Corn-
missioners of Roado; and Revenues for Butts County, Georgia; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Mr. Gaston of Butts:

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169

House Bill No. 197. A bill to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Messrs. Mavity and Kelly of Walker: House Bill No. 221. A bill to reduce the official bond of the sheriff
of Walker County; and for other purposes. Referred to the Committee on Counties and County Matters.
The following resolutions of the Senate were read the second time and taken up for consideration:
By Senator Couch of the 52nd: Senate Resolution No. 18. A resolution alleging that there has been
irregularity in the purchase of gasoline by the State Highway Board; and for other purposes.
On the adoption of the resolution, the ayes were 28, nays 1, and the resolution was adopted.
By Senators Drake of the 8th and Odom of the 9th: Senate Resolution No. 22-69A A resolution proposing that the members of
the Senate be furnished with a plate having printed thereon "State Senator" by the Motor Vehicle License Department; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 1, and the resolution was adopted.
The following bills of the Senate were read the third time and put upon their passage:
By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th, and Sumner of the lOth:
Senate Bill No. 42. A !:Jill to authorize the Commissioner of Agriculture to exercise the powers and duties now imposed by law upon the State Veterinarian; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On passage of the bill, the ayes were 37, nays 2.
The bill, having receive(] the requisite constitutional majority, was passed.
By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th, and Sumner of the lOth:
Senate Bill No. 43. A bill to abolish the office of State Veterinarian; and for other purposes.

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The report 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 2.
The bill, having received the requisite constitutional majority, was passed.
By Senator Fortson of the 50th: Senate Bill No. 49. A bill to amend Section 32-917 of the Code providing
for the consolidation of School 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Senator Gross of the 20th: Senate Bill No. 50. A bill to amend Section 84-1313 of the Code relat-
ing to the qualifications of applicants for registration as pharmacists by providing exceptions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Smith of the 24th called for the previous question and the call was sustained.
The main question was ordered.
On the passage of the bill, Senator Gross of the 20th 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:

Adams Burnside Campbell Dobbs Drake Edwards

Garner Gross Hamilton Harrison Hill Martin Mason

Those voting in the negative were Senators:

Almand Bargeron Barnhill Bland Bradley

Cannon Clark Coker Couch Coxon

McGehee Odom Park Pilcher Rowland Smith, 24th
Daughtry Edenfield Fortson Foster Franklin

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171

Guyton Holt Houston Kiker

Kirkland Lanier Lewallen Milhollin

Mosley Striplin Sumner Whaley

Not voting were Senators: Dorsey, Ragan, Smith of 35th, Steed and Wall.

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

On the passag-e of the bill, the ayes were 19, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Ed'Wards of the 6th gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass Senate Bill No. 50.

Senator Sumner of the 1Oth asked for a leave of absence for three days due to important business, and the leave was granted.

The hour of adjournment having arrived, the President announced the Senate adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,
Thursday, February (i, 1fl41.
The Senate met pursuant to adjournment at 10 o'clock this moming and was called to order by the President.
Prayer was offered by Dr. Herman L. Turner, pastor of the Covenant P1esbyterian Church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-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 Steed of the 43rd moved that the Senate reconsider its action in failing to pass the following bill of the Senate:
By Senator Gross of the 20th: Senate Bill No. 50. A bill to amend Section 84-1313 of the Code relat-
ing to the qualifications of applicants for registration as pharmacists by providing exceptions; and for other purposes.
On the motion to reconsider, the ayes were 8, nays 20, and the motion was lost.
Senatoi Franklin of the 38th asked unanimous consent to withdraw the substitute of the Interstate Co-operative Committee of Councils of State Government to the following resolution of the Senate to-wit:
By Senators Kiker of the 41st, Cannon of the 40th, Whaley of the 45th, and Clark of the 44th:
Senate Resolution No. 13. A resolution authorizing and directing the Surveyor-General of the State of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes.
The consent :was granted.
Senator Franklin of the 38th asked unanimous consent that the Interstate Co-operative Committee of Councils of State Government be allowed to offer a second substitute to Senate Resolution No. 13, and the consent was granted.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing have read and examined the following

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173

bills and resolutions of the Senate and have instructed me as Chairman, to
report the same back to the Senate as correet and ready for transmission to the House:

Senate Bill No. 42.

Senate Bill No. 43.

Senate Bill No. 49.

Senate Bill No. 57.

Senate Bill No. 71.

Senate Resolution No. 18.

Senate Resolution No. 22-69A.

Respectfully submitted, Hill of 36th district, chairman.

Mr. Daughtry of the 21st 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. 70. Do lpass.

House Bill 115. Do pass as amended.

House Bill No. 229. Do pass.

House Bill No. 231. Do pass.

House Bill No. 235. Do pass.

House Bill No. 243. Do pass. Respectfully submitted, Daughtry of 21st district, chairman.

Mr. Lanier of the 18th District, Chairman of the Committee on Finance, submitted the foJlo,\\ing report:

Mr. President:

Your Committee on Finance have had under consideration the following bill and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

Senate Bill No. 72. Do pass.

Respectfully submitted, Lanier of 18th district, chairman.

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The following message was received from the House through Mr. Boone, the Clerk thereof;
:v.Ir. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit':
By Mrs. Mankin of Fulton: House Bill No. 21. A bill to be entitled an Act to prohibit and regulate
in counties of 200,000 the solicitation of votes; and for other purposes.
By Messrs. Price and Hunnicutt of Clarke: House Bill No. 84. A bill to be entitled an Act to require the payment
of fees of clerks and sheriffs of the Superior Court in divorce cases, and for other purposes.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 108. A bill to be entitled an Act so as to change the terms
of the Superior Court of Bibb County, and to provide for the holding of six (6) terms of the Superior Court in each year, and for other purposes.
By :\irs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 169. A bill to be entitled an Act to create a purchasing
department in Fulton County.
By Mr. Smith of Barro:w: House Bill No. 367. A bill to be enti.tled an Act to repeal an Act en-
titled, "An Act to create a Board of Commissioners of Roads and Revenues for County of Barrow", and to enact in lieu thereof an Act to create a Board of Commissioners; and for other purposes.
By Mr. Reiser of Effingham; House Resolution No. 22-65B. A rcfolution to propose an amendment to
the Constitution so as to permit Effi!!gham County to have additional bonded indebtedness; and for other purposes.
By Mr. Moss of Gordon; House Resolution No. 43-239A. A resolution to provide that Gordon
County reimburse the tax commissioner thereof for payment he made of funds stolen from his office, and for other purposes.
By Senator Fortson of the 50th: Senate Bill No. 24. A bill to propose to the qualified voters of Georgia
an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia authorizing the City of Washington to issue refunding bonds.
The following privileged resolutions wen~ read and adopted: By Senator Campbell of the 34th:
A resolution extending the privileges of the floor to the Honorable

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175

Otis Mixon, Clerk of Court of Newton County, and the Honorable Grady Benton, Sheriff of Newton County.
By Senators Couch of the 52nd and Lanier of the 18th: A resolution extending the privileges of the floor to the Honorable Bond
Almand, City Attorney of Atlanta.
By Senator Whaley of the 45th: A resolutio< extending the privileges of the floor to Mrs. Randall Evans,
wife of the distinguished Speaker of the House, and Mrs. C. Z. Hardin, wife of the distinguished Representative of Turner County.
The following bills and resolutions 'Were introduced, read the first time and referred to committees:
By Senators Redwine of the 26th, Clark of the 44th, Edenfield of the 4th, and Smith of the 24th:
Senate Bill No. 80. A bill permitting insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; and for other purposes.
Referred to Committee on Insurance.
By Senator Coker of the 39th: Senate Bill No. 81. A bill to amend Section 32-904 of the Code of this
State, by providing a per diem not to exceed $6.00 for each days ~ervice of members of the County Board of Education in all cou1ties of this State having a population of not less than twenty thousand one hundred and twenty or more than twenty thousand one hundred and thirty by the 1940 census; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Coker of the 39th: Senate Bill No. 82. A bill to amend the charter of the Town of Canton
in the County of Cherokee, creating and establishing the public school system for said Town of Canton; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Whaley of the 45th: Senate Bill No. 83. A bill to amend an Act entitled "Highway Mileage",
as the same appears in the Acts of the Georgia Legislature of 1929, said Act hereby amended being known as the Traylor-Neill Bill, so as to add to map a certain public road in the counties of Telfair, Dodge and Laurens; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator Whaley of the 45th: Senate Bill No. 84. A bill to amend Section 56-1634 of the Code of
Georgia of 1933, relating to the exemption of certain societies from the pro-

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JOURNAL OF THE SENATE,

visions of Sections 56-1601 to 56'-1635; and for other purposes. Referred to Committee on Insurance.
By Senator Whaley of the 45th: Senate Bill No. 85. A bill to regulate societies or fraternal orders in
this State which have a fee, assessment, dues or other exactions, to fumish burial expenses, burials, or other death benefits to members, affiliates or beneficiaries; and for other purposes.
Referred to Committee on Insurance.
By Senator Couch of the 52nd: Senate Bill No. 86. A bill to amend the charter of the City of Atlanta
of 1874 and all acts amendatory thereto by adding to the said charter an additional provision with reference to the revenue to be paid by the said city for school purposes; and for Qther purposes.
Referred to Committee on Municipal Government.
By Senator Smith of the 24th: Senate Resolution No. 26-80A. A resolution to authorize the Commis-
sioners of Roads and Revenues of :Muscogee County, Georgia to pay back salary of Thomas L. Bowden, as Judge of the City Court of Columbus; and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution was read the first time and ordered to Jay on table for one day:
By Senator Couch of the 52nd: Senate Resolution No. 27-85A. A resolution providing for appointment
of special committee to investigate Highway Boards purchase of gasoline; and for other purposes.
The follo1wing bills and resolutions of the House were read the first time and referred to committees:
By Mrs. Mankin of Fulton: House Bill No, 21. A bill to prohibit and regulate in counties of two
hundred thousand population or more, the solicitation Qf votes; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Messrs. Price and Hunnicutt of Clarke: House Bill No. 84. A bill to require the payment of fees to clerk and
sheriffs of the Superior Court in divorce cases; and for other purposes. Referred to the Committee on Special Judiciary.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 108. A bill to change the te1ms of the Superior Court of

THURSDAY, FEBRUARY 6, 1941

177

Bibb County, and to provide for the holding of six terms of the Superior Court in each year; and for other purposes.
Referred to the Committee on Special Judiciary.
By Mrs. Mankin, and Messrs. Etheridge and Kendrick of Fulton: House Bill No. 169. A bill to create a purchasing department in Fulton
County; and for other purposes. Referred to the Committee on Counties and County Matters.
By Mr. Smith of Barrow: House Bill No. 267. A bill to repeal "An Act to create a Board of Com-
missioners of Roads and Revenues for the County of Barrow"', and to enact in lieu thereof an Act to create a new Board of Commissioners; and for other purposes.
Referred to the Committee ori Counties and County Ylatters.
By Mr. Reiser of Effingham : House Resolution No. 22-65B. A resolution to propose an amendment
to the Constitution so as to permit Effingham County to have acklitional bonded indebtedness; and for other purposeL
Referred to the Committee on Amendments to Constitution.
By Mr. Moss of Gordon: House Resolution No. 43-239A. A resolution providing that Gordon
County reimburse the Tax CommissioNer thereof for payment he made of funds stolen from his office; and for other purposes.
Referre.d to the C8mmittee on Counties and County Matters.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Drake of the 8th: Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend,
consolidate, and supersede several Acts incorporating the City of Colquitt; and for other purposes.
By Senator Hill of the 36th: Senate Bill No. 72. A bill to amend the title of the Act approved Feb-
ruary 16, 1938 which authorizes the levy of a maintenance tax on motor vehicles operated as a rolling store; and for other purposes.
By Mr. Smiley of Liberty: House Bill No. 115. A bill incorporatir:g the City of Flemington; and for
other purposes.
By Messrs. Wetherbee and Sabados of Dougherty: House Bill No. 229 A bill to amend the Albany City charter; and for
other purposes.

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By Mr. Walker of Drake: House Bill No. 231. A bill authorizing the Mayor and Council of the
City of Cairo, Georgia, to pass zoning and planning laws; and for other purposes.
By Mr. Holtzendorf of Ben Hill: House Bill No. 235. A bill to amend an Act to incorporate the City of
Fitzgerald in establishing a new charter therefor; and for other purposes.
By Mr. Wilbanks of Cherokee: House Bill No. 243. A bill to be entitled "An Act to amend, consolidate,
supersede the several Acts incorporating the Town of Ball Ground"; and for other purposes.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Messrs. Grice, Weaver and Bloodworth of Bibb: House Bill No. 74. A bill to establish the City Court of :\'lacon in and
for the County of Bibb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Mavity of Walker: House Bill No. 78. A bill to amend the charter of the City of LaFayette;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Mavity of Walker: House Bill No. 79. A bill to amend the charter of the City of Lafayette;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, :was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ferguson of Camden: House Bill No. 176. A bill to amend an Act granting a charter to tht:
City of St. Marys; and fot other purposes.

THURSDAY, FEBRUARY 6, 1941

179

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ferguson of Camden: House Bill No. 177. A bill to authorize and empower the City of St.
Marys to close certain portions of ce1tains stleets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Aultman of Peach: House Bill No. 199. A bill to create and establish a new charter for the
Town of Byron; and for other purposes.
The Committee on Municipal Government offered the following amendment which was adopted:
Amend Section 32 by adding the following at the end of said Section:
"Provided, however, that the provisions of this section shall not apply to property which, under the General Laws of the State of Georgia, is required to be returned to and assessed by the State Revenue Commissioner."
The repo1t 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed. as amended.
By Messrs. Etheridge and Kendrick and :Mrs. Mankin of Fulton: House Bill No. 217. A bill t"o amend the charter of the City of Fairburn
and to provide a sanitary tax; and for other purposes.
The Committee on Municipal Government offered the follorwing amendment which was adopted:
Amend Section 2 by adding the following after the figure "1933" and before the parenthesis in the fourth line of Section 29 of an Act approved August 3, 1925 as set forth in said Section 2:
"and property which, under the General Laws of the State of Georgia, is required to be returned to and assessed by the State Revenue Commissioner"
The report of the committee, which was favorable to the passage of the

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bill as amended, was agreed to.

On the passage of the bill, the ayes \Hre 39, nays 0.

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

By Messrs. Atkinson, Grayson and McNall of Chatham:

House Bill No. 222:

A BILL

A bill to be entitled "An Act to propose to the qualified voters of the State of Georgia an amendment to paragraph one, section six, article seven of the Constitution of the State of Georgia, incorporated in the Code of 1!J3:l as Section 2-5401, so as to authorize the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of l'ifty thousar.d dollars ($50,000.00) to the Natio'1al Gypsum Company as a part of the cost of constructing a wharf on the Savannah River; to provide for the submission of said amendment for ratification by the people; and for other purposes."

Whereas, in the Spring of 1938, the National Gypsum Company was seeking to establish a plant in the South; and,

\Vhereas, the Mayor and Aldermen of the City of Savannah were desirous of having the National Gypsum Company locate in Savannah, Georgia; and,

Whereas, National Gypsum Company required a wharf and unloading equipment on the Savannah River, then. estimated to cost Two Hundred and Fi1ty Thousand ($250,000.00) Dollars; and,

Whereas, to induce National Gypsum Company to locate its plant in Savannah, the Mayor and Aldermen of the City of Savannah agreed to pay Fifty Thousand ($50,000.00) Dollars toward the cost of the construction of such a wharf; and,

\Vhereas, said National Gypsum Company thereafter located its plant at Savannah and became a domesticated corporation under the laws of the State of Georgia and constructed a wharf with unloa<ling equipment on the Savannah River at a cost to Natio'lal Gypsum Company of Three Hundred Twenty-two Thousand Two Hrlndred Nineteen Dollars and Fottty-sev-en ($322,219.47) cents; and,

Whereas, the Mayor and Aldermen of the City of Savannah were advised that they could not under the present constitution, help defray the cost of construction of said wharf, but in December, 1938, appropriated the sum of Fifty Thousand ($50,000.00) Dollars for such purpose, which sum was paid over to the Savannah Port Authority and which sum remains intact in the possession of said Savannah Port Authority; and,

Whereas, the Mayor and Aldermen of the City of Savannah feel a strong moral obligation to keep faith with National Gypsum Company, which Company came to Savannah on the promise that Fifty Thom:and ($50,000.00) Dollars

THURSDAY, FEBRUARY 6, 1941

181

of the cost of its wharf would be paid by the Mayor and Aldermen of the City of Savannah.
Section 1. Now, therefore, be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that Paragraph One, Section Six, Article Seven of the Constitution of the State of Georgia, incorporated in the Code of 1933 as Section 2-5401, be and the same is hereby amended by addi.og to said Section a new paragraph to be kno\\ n as Paragraph one-a ( 1-a), to read as follows, to-wit:
"And except t':lat the Mayor and Aldermen of the City of Savannah are authorized and directed to secure the return from the Savannah Port Authority of the sum of Fifty Thousand ($50,000.00) Dollars which was appropriated in December, 1938, and to pay said Fifty Thousand ($50,000.00) Dollars to National Gypsum Company for the purpose of reimbursing National Gypsum Compa:;y for a portion of the cost of the wharf which said National Gypsum Company has constructed on the Savannah River and which payment was o1iginally assumed by the :vrayor and Aldermen of the City of Savannah as an inducement to bring the manufacturing plant of National Gypsum Company to Savannah, Georgia."
Section 2. Be it further enacted by the authority aforesaid that, when said amendment shall be agreed to by a two-thirds (2-3) vote of the members elected to each of the two (2) houses of the General Assembly of the State of Georgia, said amendment shall be entered on their journals with the "ayes" and "nays" thereon and shall be published in one (1) 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 riHification. All pe1sons 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 pagaraph 1, Section 6, Article 7 of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of $50,000.00 to the National Gypsum Company as a part oi the cost of constructing a wharf on the Savannah River."
A!Id all persons opposing the adoption of said amendment shall have written or printed, on their ballots, the words "Against ratification of amendment to paragraph 1, Section 6, Article 7 of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of $50,000.00 to the National Gypsum Company as a part of the cost of constructing a .,, harf on the Savannah River."
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, and election of members of the General Assembly, the amendment and its provisions shall become a part of Paragraph 1, Section 6, Article 7 of the Constitution of the State of Georgia and the Governor of the State of Georgia shall make a proclama-

1B2

JOURNAL OF THE SENATE,

tion 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 biJI, 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 Senator11:

Adams Almand Bargeron Barnhill Bradley Burnside Cannon Clark Coker Couch Coxon Daughtry Dobbs

Edenfield Fortson Franklin Garner Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier

Lewallen Martin Mason McGehee Milhollin Mosley Park Ragan Smith, 24th Steed Shiplin Whaley

Not voting were Senators: Bland, Campbell, Dorsey, Drake, Edwards, Foster, Gross, Odom, Pilcher, Rowland, Smith of 35th, Sumner, and wall.
I
By unanimous consent, the verification of the roll call was dispensed !With.

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

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

By Messrs. Atkinson, Grayson and McNall of Chatham:
House Bill No. 223. A bill to amend the charter of the City of Savannah; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, ~vas passed.

By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee:
House Resolution No. 9-2A:

'I'HURSbAY, FEBRUARY 6, 1941

183

A RESOLUTION Proposing to the people of Georgia that Article 5, Section 1, Paragraph 2, of the Constitution of Georgia be amended by fixing the terms of office of the Governor and other constitutional officers at four years.
Be it resolved by the General Assembly of Georgia:

Section 1. That the General Assembly of Georgia proposes to the people of Georgia that Article 5, Section 1, of the Constitution of Georgia be amended by striking Paragraph 2 of said article and section in its entirety and inserting in lieu thereof a new paragraph 2, which shall read as follows:

"Paragraph 2. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. After qualifying for a four-year term, he shall not be eligible to be reelected for the next succeeding four-year term, or any part thereof. He shall have a salary of seven thousand five hundred dollars per annum (until otherwise provided by a law passed by a two-thirds vote of both branches of the General Assembly), which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years."

Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their Journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Aet of the General Assembly approved March 24, 1939.

The report of the committee, which :was favorable to the adoption 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark

Coker Couch Coxon Daughtry Dobbs Drake Edenfield Fortson Foster Franklin

Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland

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JOURNAL OF THE SENATE,

Lanier Lewallen Martin Mason McGehee Milhollin

Mosley Odom Park Pilcher Ragan Rowland

Smith, 24th Smith, 35th Steed Stliplin Whaley

Not voting were Senators: Dorsey, Edwards, Sumner and ''ran.

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

On the adoption of the resolution, the ayes :were 47, nays 0.

The resolution, having received the requisite constitutional two-thirds majo1ity, was adopted.

By Senators Gross of the 20th and :Mason of the 30th:
Senate Resolution No. 19. A resolution proposing an amendment to Paragraph 2, Section 2, Article 7, of the Constitution so as to exempt from all taxation, all cooperative, non-profit, membership corporations organized under the laws of the State for the purpose of engaging in rural electrification; and for other purposes.

The Committee on Amendments to Constitution offered the following substitute which was adopted:

A RESOLUTION
Prop1>sing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 2, Section 2, Article 7 of the Constitution of Georgia so as to exempt from all taxation, state, county, municipal, school district, and political or territorial subdivision of the State having the authority to levy taxes, all cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, and all of the real and personal property owned or held by such corporations for such purpose; and for other purposes.

Be it resolved by the General Assembly of Georgia:
Section 1. That Paragraph 2, Section 2, Article 7 of the Constitution of Georgia be, and the same is hereby amended by adding at the end of said paragraph the follo'\"ing language:
"There is hereby exempted from all taxation, state, county, municipal, school district, and political or territorial subdivision of the State having the authority to levy taxes, all cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in sub-section 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and pe1sonal property owned or held by such corporations for such pu1pose."
Section 2. When this amendment shall be agreed to by a two-thirds vote

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185

of the members elected to each of the two Houses, and shall have been entered on their journals with the "Yeas" and "Nays" taken thereon, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the ma!mer provided by the Act approved March 24, 1939, (Ga. Laws 1939, pp. 305-307).

Section 3. That all laws and parts of Jaws in conflict here:1\ ith are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Couch Coxon Daughtry Dobl:J.s Drake

Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Le,\\:allen

Mason McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Whaley

Not voting were Senators: Coker, Dorsey, Edenfield, Edwards, Martin, Sumner and Wall.

By unanimouse consent, the verfication of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 44, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted by substitute.

By Senator Harrison of the 23rd:
Senate Resolution No. 21-68B.
A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia so as to provide for annual sessions of the General Assembly; to limit the length of the regular session of the General Assembly to 50 days except in cases where an impeachment trial is pending

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at the end of 50 days; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia be, and the same is hereby amended by striking the figure "1933" where it appears in the first sentence of said paragraph and substituting in lieu thereof the figure "1942"; by striking the figure "1933" where it appears in the third sentence of said paragraph and substituting in lieu thereof the figure "1942"; by striking the word "Biennially" wherever it appears in said paragraph and substituting in lieu thereof the word "annually"; and by striking the word "sixty" wherever it appears in said paragraph and substituting in lieu thereof the word "fifty"; by striking the <word "first" where it appears in the last sentence of said paragraph; by striking the figure "1933" where it appears in the last sentence of said paragraph and substituting in lieu thereof the figure "1943" so that said paragraph as amended shall read as follows:
"Paragraph 3. The General Assembly shall meet on the second Monday in January, 1942, and annually thereafter on the same date until the date shall be changed by law. Such session shall continue no longer than 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 Statehouse officers, whose terms of office run concunently with that of the Governor; the election or appointment of committees of each House; the election of the Governor and other Statehouse 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 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 fourth of July, 1942, and annually thereafter on the same date until the date shall be changed by la;w. No such regular session of the General Assembly shall continue longer than 50 days: Provided, that if an impeachment trial is pending at the end of 50 days, the session may be prolonged until completion of said trial: Provided, further, that the General Assembly, by concurrent resolution adopted by the voters of a majority of a quorum of the House and Senate during said special session above provided for, and approved by the Governor, is hereby authorized to fix the date for reconvening in regular session prior to the 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 for the same as the Governor shall expire upon the inauguration of the Governor at the annual session held under the provisions hereof in January, 1943."
Section 2. That when this amendment shall be agreed to by a two-thirds

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187

vote of the members elected to each of the two Houses and shall have been entered on their journals with the "Yeas" and "Nays" taken thereon, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the Act approved March 24, 1939, (Ga. Laws 1939, pages 305-307).
Section 3. That all laws and parts of laws in conflict herel\ith are hereby repealed.
The report of the committee, which was favorable to the adoption 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:

Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry Dobbs

Drake Edenfield Fortson Franklin Garner Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Lewallen

Martin Mason McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Smith, 35tl:t Steed Striplin Whaley

Those voting in the negative were Senators:

Adams Gross

Houston Park

Not voting were Senators: Dorsey, Edwards, Foster, Sumner and Wall.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 4.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.

Senator Edenfield of the 4th moved that the Senate do no1w adjourn and the motion prevailed.
The President announced the Senate adjourned until tomorrow motning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,
Friday, February 7, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. Thomas Elliott, pastor of Lakewood Heights Baptist Church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
At this time the President recognized Senator Dorsey of the 32nd who was present for the first time during the 1941 session, and appointed as a committee to escort Senator Dorsey to his seat, Senators Clark of the 44th, Odom of the 9th, and Park of the 18th.
Senator Dorsey addressed the Senate briefly, expressing his appreciation for all the courtesies shown to him during his recent illness, and to Chief Justice Reid and the President and Secretary of the Se?:ate for coming to his home at Cleveland, Georgia, to administer to him the oath of office as Senator.
The following message was received from the House through Mr. Boone, 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. Mann of Whitfield: House Bill No. 71. A bill to be entitled an Act to amend the charter
of the City of Dalton, and for other purposes.
By Messrs. Roughton and Smith of Washington: House Bill No. 244. A bill to be entitled an Act to abolish the Board of
Water Commissioners of the City of Tennille, Georgia; and for other purposes.
By Messrs. Hardy and Williams of Jackson: House Bill No. 262. A bill to be entitled an Act to amend an Act en-
titled an Act to incorporate the City of Jefferson and for other purposes.
By Messrs. Blackshear and Smith of Hall: House Bill No. 268. A bill to be entitled an Act to amend the charter
of the City of Gainesville and the Acts amendatory thereof, so as to provide for the creation and administration of a retirement fund for certain salaried employees of the City of Gainesville, and ior other purposes.
By :vlessrs. Wohlwender, Maxwell and Elliott of Muscogee: House Bill No. 269. A bill to be entitled an Act to amend the charter
of the City of Columbus, Georgia, and for other purposes. By Mr. Dean of Rockdale:

FRIDAY, FEBRUARY 7, 1941

189

House Bill No. 283. A bill to be entitled an Act to repeal an Act to provide for a Board of Commissioners of Roads and Revenues for the County of Rockdale, and for other purposes.
By Mr. Dean of Rockdale: House Bill No. 284. A bill to be entitled an Act to create the office
of Commissioner of Roads and Revenues for Rockdale County; and for other purposes.
By Mts. Mankin of Fuiton; Messrs. Wetherbee and Sabados of Daugherty, Greene of Jones, Clements of Calhoun, Ferguson of Sumter, Goddard of Spalding, Roughton of \Yashington, Jones of Worth, Dallas of Troup and Anglin of Stewart:
House Bill No. 22. A bill to be entitled an Act to amend part III "Rules and Regulations governing all elections" of the Code of Georgia of 1933 so as to provide for a secret ballot, and for other purposes.
By Mr. Brinson of Chattooga: House Resolution No. 40-198A. A resolution to propose an amendment
to the Constitution of Georgia, so as to authorize Chattooga County to issue funding bonds, and for other purposes.
Senator Odom of the !Jth, vice-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.
By u1animous consent, Senator Barnhill of the 5th was granted leave of absence today due to important business.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
l\lr. President:
Your Committee on Engrossing have read and examined the following bill and resolutions of the Senate and have instructed me as Chairman, to report the same back as correct a;1d ready for transmission to the House:
Senate Bill No. 48.
Senate Resolution No. HI.
Senate Resolution No. 21.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your <Almmittee on Counties and County :Matters have had under consideration the follo,wing bills and resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendatioRS:
House Bill No. 221. Do pass.
House Bill No. 181. Do pass.
House Bill No. 171. Do pass.
House Bill No. 16'3, Do pass.
House Bill No. 21. Do pass.
House Bill No. 35. Do pass by substitute.
House Resolution No. 43-239A. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Steed of the 43rd 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 recommendations:
House Bill No. 136. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Daughtry of the 21st 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. 124. Do pass.
House Bill No. 226. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:

1FRIDAY, FEBRUARY 7, 1941

191

Mr. President:
Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same baek as correct and ready for transmission to the Governor:
Senate Bill No. 24.
Respectfully submitted, Rowland of 16th district, chairman.
The following privileged resolutions were read and adopted:
By Senators Striplin of the 37th and Mason of the 30th: A resolution extending the privileges of the floor to Major Walter White-
head, former Senator from the 30th District.
By Senator Odom of the 9th: A resolution extending the privileges of the floor to the Honorable M. C.
Screws, Sheriff of Baker County.
By Senator Drake of the 8th: A RESOLUTION
Whereas, the House of Representatives has organized a quartet, and
Whereas, the State Senate has heard speeches pro and con on various measures for several days, and,
Whereas, a bit of harmonizing will add to the feelings and spirit vf the members of the Senate,
Be it therefore resolved that an invitation be extended to the House quartet to harmonize for us on Tuesday of next 'Week and on any future date when it is possible for them to do so, and that a copy of this resolution be sent to each member of said quartet.
Senator Fortson of the 50th asked unanimous consent that all Senators having bills and resolutions to introduce be allowed 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 Hill of the 36th: Senate Bill No. 87. A bill to amend Section 4 of an Act approved Feb-
ruary 10, 1937, creating the State Board of Education, defining its powers, duties; and for other purposes.
Referred to Committee on Education and Public Schools No. 2.
By Senator Dobbs of the 22nd: Senate Bill No. 88. A bill to provide for the time of payment of the

192

JOURNAL OF THE SENATE,

taxes on gross insurance premiums so as to make said taxes payable semiannually; and for other purposes.
Referred to Committee on Finance.
The following bills and resolution of the House were read the first time and referred to committees:
By Mr. Brinson of Chattooga: Resolution No. 40-198A. A resolution to propose an amendment to the
Constitution so as to authorize Chattooga County to issue funding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Mann of Whitfield: House Bill No. 71. A bill to amend the chartar of the City of Dalton,
relative to the election of the Chief of Police and City Clerk; and for other purposes.
Referred to Committee on Municipal Government.
Senator Steed of the 43rd asked unanimous consent that House Bill No. 71 be withdrawn from the Committee on Municipal Government and be recommitted to the Committee on State of Republic, and the consent was gtanted.
By Messrs. Roughton and Smith of Washington: House Bill No. 244. A bill to abolish the Board of Water Commissionets
of the City of Ten'1ille, Georgia; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Hardy and Williams of Jackson: House Bill No. 262. A bill to amend an Act to incorporate the City of
Jefferson; and for other purposes. Referred to Committee on Municipal Government.
By :vlessrs. Blackshear and Smith of Hall: House Bill No. 268. A bill to amend the charter of the City of Gaines-
ville so as to provide for the creation and administration of a retirement fund; and for other purposes.
Referred to Committee on Municipal Government.
By :Vlessrs. Wohlwender, :vlaxwell and Elliott of Muscogee: House Bill No. 269. A bill to amend the charter of the City of Columbus
so as to amend the Act conferring power upon said City to levy an ad valorem tax; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Dean of Rockdale: House Bill No. 283. A bill to repeal an Act to provide for a Board of
Commissioners of Roads and Revenues for the County of Rockdale; and fo1

FRIDAY, FEBRUARY 7, 1941

193

other purposes. Referred to Committee on Counties and County Matters.
By Mr. Dean of Rockdale: House Bill No. 284. A bill to create the office of Commissioner of Roads
and Revenues for Rockdale County; and for other purposes. Referred to Committee on Counties and County Matters.
By Mrs. Mankin of Fulton and Messrs. \Vetherbee, Sabados of Daugherty, Greene of Jones, Clements of Calhoun, Ferguson of Sumter, Goddard of Spalding, Roughton of Washington, Jones of Worth, Dallas of Troup and Anglin of Stewart:
House Bill No. 22. A bill to amend the Code of Georgia so as to provide for a secret ballot; and for other purposes.
Referred to Committeee on Privileges and Elections.
Senator Fortson of the 50th asked unanimous consent that when the Senate adjourns today, it stand adjourned until Monday morning, February 10, 1941, at 11 o'clock, and the consent was granted.
The following bills and resolution of the House, favorably reported by the committees, were read the second time:
By Mrs. :Wankin of Fulton: House Bill No. 21. A bill to prohibit and regulate in counties of 200,000
or more, the solicitation of votes; and for other purposes.
By :\Iessrs. Bloodworth, Weaver and Grice of Bibb: House Bill No. 35. A bill to consolidate the office of Tax Collector and
Tax Receiver of Bibb County; to create the office of Tax Commissioner; and for other purposes.
By Mr. Hartness of Fannin: House Bill No. 124. A bill to incorporate the City of McCaysville and
for other purposes.
By Mr. Wells of Clayton: House Bill No. 136. A bill to amend an Act to establish the Ci~ Court
of Jonesboro; and for other purposes.
By Messrs. Kelly and Mavity of Walker: House Bill No. 163. A bill to amend an Act creating the Board of Roads
and Revenue of Walker County so as to empower the Commissioner to hire a Clerk; and for other purposes.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton: House Bill No. 171. A bill to establish a County Planning Commission
and Board of Zoning Appeals for Fulton Cou!1ty; and for other purposes.

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JOURNAL OF THE SENATE,

By Messrs. Davis and Arnall of Coweta: House Bill No. 181. A bill to provide the County Surveyor of Coweta
County with proper equipment and supplies; and for other purposes.
By :vlessrs. Mavity and Kelly of Walker: House Bill No. 221. A bill to reduce the official bond of the Sheriff
of walker County; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 226. A bill to amend an Act, to consolidate and super-
sede the several Acts incorporatbg the City of Jonesboro; and for other purposes.
By Mr. Moss of Gordon: House Re~olution No. 43-239A. A resolution providing that Gordon
County reimburse the Tax Commissioner thereof for payment he made of funds stolen from his office; and for other purposes.
The following bills and resolutions of the Senate and House were read the third time and put upon their p1ssage:
By Senator Drake of the 8th: Senate Bill No. 70. A bill to repeal a'l _Act to amend an Act to amend,
consolidate, and supersede the several Acts incorporating the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received t!1e requisite constitutional majority, was passed.
By Senators Kiker of the 41st, Cannon of the 40th, Whaley of the 45th, and Clark of the 44th:
Senate Re!>olution No. 13. A resolution authorizing and directiog the Surveyor-General of the State of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes.
The Interstate Co-operative Committee of Councih of State Government offered the following substitute to Senate Resolution No. 13 which was adopted:
A RESOLUTION 'Vhereas, the true boundary line between the State of Georgia and the State of Tennessee is in doubt; and
vVhereas, over a long period of years, from time to time, the General Assemblies of both States have undertaken to authorize the appoi:tment of committees to meet and establish the tnJC line; and

FRIDAY, FEBRUARY 7, 1941

195

'~.Vhereas, by an Act of the General Assembly of Georgia approved October 15, 1887, the General A~sembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee whose duty it would be to survey, establish a~1d proclaim the true line; and
Whereas, by an Act approved April 8, 1889, the General Assembly of the State of Tennessee enacted a similar authorization; and
Whereas, notwithstanding these said authorizations the line was never fixed and still remains in doubt; and
Whereas, Section 15-103 of the Georgia Code of 1933 establishes the line between Georgia and Tennes~ee as follows:
"The boundary between Georgia and North Carolina and Georgia and Tennessee shall be the line described as the 35th parallel of north latitude, from the point of its intersection by the River Chattooga, west to the place called Nickajack." And
\Vhereas, Section 89 of Chapter 1 of Title 1 of Part 1 of the Code of Tennessee of 1938 establishes the boundary between Tennessee and Gorgia as foliO\' s:
"The boundary line between this state and the State of Georgia begins at a point in the true parallel of the thirty-fifth degree of north latitude, as found by James Carmack, mathematician on the part of the State of Georgia, and James S. Gaines, mathematician on the part of the State of Tennessee, on a rock about two feet high, four inches thick, and fifteen inches broad, engraved on the north side thus: 'June 1, 1818, Var. 6 3-4 East,' and on the south side thus: 'Geo. 35 North, J. Carmack,' which rock stands one mile and twenty-eight poles from the south bank of the Tennessee river, dEe south from near the center of the old Indian town of Nick-a-Jack, and near the top of the Nick-a-Jack mountain, at the supposed corner of the states of Georgia and Alabama; thence running due east, leaving old D. Ross two miles and eighteen yards in the state of Tennessee, and leaving the house of John Ross about two hundred yards in the state of Georgia, and the house of David McNair or;e mile and one-fourth of a mile in the state of Tennessee, with blazed and mile-marked trees, lessening the variation of the compass by degrees, closing it at the termination o;' the line on the top of the Unicoi mountain at five and one-half degrees." And
whereas, it is to the public interest and 'welfare that an accurate and exact line between the said States be established and proclaimed:
Therefore, be it resolved by the Senate, the House of Representatives conCUtTing, that the Governor of Georgia is hereby directed to communicate with the Governor of Tennessee for the purpose of having a joint survey and

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JOURNAL OF THE SENATE,

settlement of the disputed boundary line question;
Be it further resolved that a standing committee of five, three from the Senate and two from the House, is hereby created to meet with a similar committee of the General Assembly of the State of Tennessee to establish, survey and proclaim the true boundary line between Georgia. and Tennessee, and to take such fm-,ther or other action or pursue such remedy or remedies as the joint committee by majority vote deems proper to establish the definite and true boundary lines between Georgia and Tennessee. Said committees from the Senate shall include the Chairman of the Senate Interstate Co-operative Committee of Council of State Governments, and two Senators to be appointed by him and said committees from the House shall include the Chairman of the House Interstate Co-operative Cor;1mittee of Council of State Governments, and one member of the House to be appointed by said Chairman of said House Committee.
Be it further resolved that the expenses of the said standing committee shall be paid from legislative appropriations or from any funds available to the Governor.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
By Mr. Smiley of Liberty: House Bill No. 115. A bill incorporating the City of Flemington; and
for other purposes.
The Committee on Municipal Government offered the following amendment to House Bill No. 11'5 which was adopted:
An Amendment to House Bill No. 115 by Senator Coxon of the 2nd District:
By adding the following, to be knof\\n as Section 31 (a),
Section 31 (a): Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that before this Act shall go into effect, the question of whether said City of Flemington shall be incorporated shall be submitted to the voters, at an election to be held at H. L. Stacy Store House (Flemington Post Office) on the 5th day of April, 1941, between the hours of 12 o'clock p.m. and 7 o'clock p.m., at which election all persons residents of the area to be ir,cluded in the City of Flemington for ninety days or more, and who are otherwise qualified to vote for members of the General Assembly of Georgia, shall be eligible to vote. The election shall be held by H. L. Stacy, D. F. Martin and J. E. Hook, residents of the area of said City of Flemington as herein defined. The election shall be held under

FRIDAY, FEBRUARY 7, 1941

197

the rules and in the manner provided by law for the holding of elections for members of the General Assembly of Georgia. The election managers shall declare the result of said election not later than 8 o'clock p.m. on the date same is held. The clerk of the Superior Court of Liberty County, Georgia, shall furnish to said election managers, list of all persons qualified to vote in said election, not later than 9 o'clock a.m. on April 5th, 1941. All voters at said election shall have written or printed on their ballots "For incorporation of Flemingt.on" or "Against incorporation of Flemington." If a majority of the votes cast shall be in favor of the incorporation of said City of Flemington, then this Act shall at once go into effect, but if the election be unfavorable, then the Act shall be null and void.
Let the Caption of the Act be amended accordingly.
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.
The bill, having received the requisite constitutional majority, was passed as amtnded.
By Messrs. Wetherbee and Sabados of Dougherty: House Bill No. 229. A bill to amend the Albany City charter so as to
empower the City Commissioners to extend water furnishing appliances and fire protection beyond city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes :were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Walker of Grady: House Bill No. 231. A bill to authorize the Mayor and Council of the
City of Cairo to pass zoning and planning Jaws; and for other purposes.
The report 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. Holtzendorf of Ben Hill: House Bill No. 235. A bill to amend an Act to incorporate the City of
Fitzgerald and establishing a ne:w charter therefor; and for other purposes.
The report 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.

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JOURNAL OF THE SENATE,

The bill, having received the requisi:te constitutional majority was passed.
By :vir. Wilbank& of Cherokee: House Bill No. 243. A bill to amend, consolidate, and supersede the
several Acts incorporating the Town cf Ball Ground; and for other purposes.
The report of the committee, whcih was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Franklin of the 38th asked unanimous consent that Senate Resolution No. 13 be immediately transmitted to the House, and the consent was granted.
The following resolution of the Senate was read the second time and taken up for consideration.
By Senator Couch of the 52nd: Senate Resolution No. 27-85A. A resolution providing for the appoint-
ment of a speeial committee to investigate the Highway Board's purchase of gasoline; and for other purposes.
On adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Fortson of the 50th asked unanimous consent to discontinue the order of business established for today, and the consent was granted.
At this time, Senator Burnside of the 29th took the chair.
Senator Edwards of the 6th arose to a point of personal privilege and addressed the Senate.
Senator Couch of the 52nd arose to a point of personal privilege and addressed the Senate.
Senator Fortson of the 50th moved that the Senate do now adjourn, and the motion prevailed.
Senator Burnside of the 29th, acting for the President, announced the Senate adjourned until Monday morning at 11 o'clock.

::\WNDAY, FEBRUARY 10, 1941

199

Senate Chamber, Atlanta, Georgia,
Monday, February 10, 1941.
The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the President.
Prayer was oifered by the Chaplain.
By unanimous consent, the call of the roll IVI'as dispensed with.
Senator Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.
Mr. Bumside of the 29th 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 recommendations:
Senate Bill No. 76. Do pass.
Respectfully submitted, Burnside of 29th district, chairman.
Mr. McGehee of the 25th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the :,ame back to the Senate with the following recommendations:
Senate Bill No. 74. Do pass.
Respectfully submitted, McGehee of 25th district, chairman.
Mr. Dorsey of the 32nd 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 1ecommendations:
Senate Bill No. 64. Do pass.

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Senate Bill No. 6'5, Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Drake of the 8th 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. 283. Do pass.
House Bill No. 284. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Steed of the 43rd 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 recommendations:
House Bill No. 84. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Holt of the 48th 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 foll01wing 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. 40-198A. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President:

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201

Your Committee on Amendments to Constitution 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 recommndations:

House Resolution No. 22-65B.

Do pass.
Respectfully submitted, Holt of 48th district, chairman.

Mr. Clark of the 44th District, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:
Your Committee on State of the 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 recommendations:
House Bill No. 4. Do not pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

:Wr. President:

Your Committee on Special Judiciary have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

Senate Bill No. 18. Do pass by substitute.

House Bill No. 108. Do pass.

Respectfully submitted, Steed of 43rd district, chairman.

Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bill and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 70. Senate Resolution No. 13.
Respectfully submitted, Hill of 36th district, chairman.

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The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutio!lal majority the following bills of the House, to-wit:
By Mr. Gill of Bryan: House Bill No. 65. A bill to be entitled an Act to amend the Act cre-
ating and establi~hing the City Court of Pembroke; and for other purposes.
By Messrs. Graham and Blease of Brooks: House Bill No. 245. A bill to be entitled an Act to reduce the official
bond of the Sheriff of Brooks County; and for other purposes.
By Mr. Hagan of Screven: House Bill No. 254. A bill to be entitled an Act to provide for the appoint-
ment of special criminal bailiffs in all counties in this State having a population of not more than 20,400 and not le!;.S than 20,300 according to the United States census of 1940; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 264. A bill to be entitled an Act to abolish the office of
County Treasurer of Wilcox County; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 265. A bill to be entitled an Act to abolish the offices
of Tax Collector and Tax Receiver of Wilcox County; and for other purposes.
By Mr. Hardman of Madison: House Bill No. 272. A bill to be entitled an Act to reduce the official
bond of the Sheriff of :vladison County; and fot other purposes.
By ::\1r. Gross of Stephens: House Bill No. 299. A bill to be e!ltitled an Act to repeal an Act provid-
ing that in the counties of this State having a population of not less than 12,640 and not more than 12,65,5, the residents of individual school systems shall have the right to vote in primaries; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 300. A bill to be entitled an Act to creat a Board of
Commissioners of Roads and Revenue of Clayton County; and for other purposes.
The following privileged resolutions were read and adopted:
By Senator Odom of the 9th:
A tesolution extending the privileges of the floor to Mrs. J. A. Drake, wife of Senator J. A. Drake of the 8th.

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203

By Senator Kiker of the 41st: A resolution extending the privileges of the floor to the Ron. Harold
Hawkins, Judge of the Blue Ridge Circuit.
The following bills of the Senate were introduced, read the first time, and referred to committees:
By Senators Coxon of the 2nd, Striplin of the 37th, and Smith of the 35th: Senate Bill No. 89. A bill to provide that corporations operating pipe
lines for the transportation of petroleum and petroleum products shall have the right to traverse public property; and for other purposes.
Referred to Committee on General Judciary No. 2.
By Senators Coxon of the 2nd, Striplin of the 37th, and Smith of the 35th: Senate Bill No. 90. A bill to grant corporations operating pipe lines
for the transportation of petroleum and petroleum products the right of eminent domain; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senators Redwine of the 27th and Edenfield of the 4th: Senate Bill No. 91. A bill to prescribe the compensation of the Director
of the State Department of Public Welfare; and for other purposes. Referred to Committee on Special Judiciary.
By Senators Redwine of the 26th and Edenfield of the 4th: Senate Bill No. 92. A bill to prescribe the compensation of the members
of the Prison and Parole Commission; and for other purposes. Referred to Committee on Penitentiary.
By Senator Gross of the 20th: Senate Bill No. 93. A bill to amend an Act establishing the City Court of
Sandersville providing the number of jury strikes in said court; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Gross of the 20th: Senate Bill No. 94. A bill to prohibit the cutting of timber without legal
right; and for other purposes. Referred to Committee on General Judiciary No. 1.
By Senator Drake of the 8th: Senate Bill No. 95. A bill to abolish the fee system now existing in the
Superior Court of the Pataula Judicial Circuit, as applied to the office of Official Court Reporter; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Adams of the 31st:

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Senate Bill No. 9G. A bill to propose an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the Sandy Cross Consolidated School District of Franklin County, to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senators Houston of the 51st and Milhollin of the 4Gth: Senate Bill No. 97. A bill to provide for the filing of a contest in political
primary elections; and for other purposes. Referred to Committee on State of the Republic.
The following bills of the House were read the first time and referred to committees:

By Mr. Gill of Bryan: House Bill No. G5. A bill to amend the Act creating and establishing the
City Court of Pembroke; and for other purposes. Referred to Committee on Special Judiciary.
By Messrs. Graham and Blease of Brooks: House Bill No. 245. A bill to reduce the official bond of the Sheriff
of Brooks County to $2,000.00; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Hagan of Screven: House Bill No. 254. A bill to provide for the appointment of special
criminal bailiffs in all counties having a population of not more than 20,400 and not less than 20,300 according to the 1940 or any future census; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Witherington of Wilcox: House Bill No. 2G4. A bill to abolish the office of County Treasurer
of \Vilcox County; and for other purposes. Referred to Committee on Counties and County Matters.

By Mr. Witherington of Wilcox: House Bill No. 2G5. A bill to abolish the offices of Tax Collector and
Tax Receiver of Wilcox County; and for other purposes. Referred to Committee on Counties and County Matters.
By Ylr. Hardman of Madison: House Bill No. 272. A bill to change the amount of the Sheriff's bond
of Madison County; and for other purposes. Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 10, 1941

205

By Mr. Gross of Stephens: House Bill No. 299. A bill to repeal an Act providing that in the Counties
of this State, having a population of not less than 12,640 and not more than 12,655, the residents of individual school systems shall have the right to vote in primaries; and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Mr. Wells of Clayton: House Bill No. 300. A bill to create a Board of Commissioners of Roads
and Reyenues of Clayton County; and for other purposes. Referred to Committee on Counties and County Matters.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Wall of the 28th: Senate Bill No. 64. A bill to amend Section 58-207 of the Code by add-
ing thereto an additional sub-section to be known as subsection (e) so as to provide that owners, claimants, and other parties having an interest in vehicles and conveyances seized under the provisions of said Section may give bond for such vehicles; and for other purposes.
By Senator Wall of the 28t:1: Senate Bill No. 65. A bill to regulate attachments for contempts in
judgments and decrees for permanent alimony in cases of total divorce; and for other purposes.
By Senator Clark of the 44th: Senate Bill No. 74. A bill to amend an Act entitled "An Act to pro-
mote temperance and prosperity for Georgia people; etc.", by providing for the licensing of retail dealers; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 76. A bill to amend Section 27-2702 of the Code, relat-
ing to the powers of courts to place offenders on probation by further enlarging the porwers of courts as to cases of abandonment or bastardy; and for other purposes.
By Messrs. Price and Hunnicutt of Clarke: House Bill No. 84. A bill to require the payment of fees of clerks and
sheriffs of the Superior Court in divorce cases; and for other purposes.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 108. A bill to change the terms of the Superior Court
of Bibb Cou'1ty, and to provide for the holding of six terms of the Superior Court in each year; and for other purposes.
By Mr. Dean of Rockdale: House Bill No. 283. A bill to repeal an Act to provide for a Board of

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Commissioners of Roads and Revenues for the County of Rockdale; and for other purposes.
By :vir. Dean of Rockdale: House Bill No. 284. A bill to create the office of Commissioner of Roads
and Revenues for Rockdale County; and for other purposes.
By Mr. Reiser of Effingham: House Resolution No. 22-65B. A resolution proposing an amendment to
the Constitution so as to permit Effingham County to have additional bonded indebtedness; and for other purposes.
By Mr. Brinson of Chattooga: House Resolution No. 40-198A. A resolution to propose an amendment
to the Constitution so as to authorize Chattooga County to issue funding bonds; and for other purposes.
The following bills and resolutions of the House were read the third time and put upon t:-Jeir passage:
By Mrs. Mankin of Fulton: House Bill No. 21. A bill to prohibit and regulate in counties of 200,000
or more, the solicitation of votes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, ''as agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bloodworth, Weaver and Grice <>f Bibb: House Bill No. 35. A bill to consolidate t'1e offices of Tax Collector
and Tax Receiver of Bibb County; to create the office of Tax Commissioner; and for other purposes.
The Committee on Counties and County Matters offered the following substitute which was adopted:
An Act, to be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Bibb Count?, Georgia, so that there shall no longer exist any independent office of Tax Receiver or Tax Collector in said County; to create the office of County Tax Commissioner of Bibb County, Georgia, who shall perform the duties of said two officers \\'hen so consolidated; to fix the term and to provide for the fixing of compensation of said office and to authorize the determination of what disposition shall be made of the fees and commissions accruing to each of said offices so co::solidated and to provide ?or the levy and collection of a tax sufficient to pay the compensation of said officer when so fixed; to provide that the laws now or hereafter of force relating to Tax Receivers and Tax Collectors, except laws relating

MONDAY, FEBRUARY 10, 1941

207

to compensation of a Tax Receiver and a Tax Collector, shall be of full force and effect as to said County Tax Commissioner so far as same are applicable; to provide that all taxes due at the time the provisions of this Act become effective a~,d all Fi. Fas. theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees, commissions, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind (including, specifically, fees received from the State), whether accrued on the effective date of this Act or accruing thereafter that would be paid to or collected by either the Tax Receiver or Tax Collector of Bibb County were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for the sole use of Bibb County and to be held as public monies belongi:g to Bibb County and accounted for and paid over to Bibb County as herein provided; to provide for necessary assistants for said County Tax Commissioner and their salaries and for the necessary expense of said office; to provide for the levying of a tax sufficient to pay the sa~ary of said County Tax Commissioner and his assistants and ecessary expense of said office; to provide for the election of said County Tax Commissioner and the method of filling vacancies therein; to provide for said County Tax Commissioner giving bond or bonds for the faithful performance of his official dutie~; to provide for putting into effect in Bibb County, the provisions of the Constitution of this State as co'1tained in Article 11, Section 3, Paragraph 1, relating to the consolidation of the offices and duties oi Tax Receiver a:1d Tax Collector in any or all of the counties of the State; to provide when this Act shall become effective; and for other l;Ulposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the offices of Tax Receiver a~d Tax Collector of Bibb County, Georgia, a1e hereby consolidated so that there shall no longer exiEt any independent office of Tax Receiver or Tax Collector in said County, but the of1"icer performing the duties of said two offices when so consolidated shall be known as the County Tax Commissioner of Bibb County, Georgia.
Section 2. Be it further enacted by the aut~ority aforesai:!, that the office of County Tax Commissioner of Bibb Cou:1ty, Georgia, is hereby created in lieu of said abolished or consolidated offices, and the rights, duties, and liabilites of said County Tax Commissioner of Bibb County, Georgia, shall be the same as the rights, duties, and liabilities of the Tax Receiver and Tax Gollector of said County so far as the same may be applicable, except that all fees, commissions, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind (including, specifically, fees received from the State), whether accrued on the effective date of this Act or accruing thereafter, that would be paid to or collected by either the Tax Receiver or Tax Collector of Bibb County, were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for, for the sole use of Bibb County, and shall be held as public monies bclonghg to Bibb County, and accounted for and paid over to said County on or before the tenth day of each montl:l for the preceding month, at which time a detailed,

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itemized statement shall be made by the officer under oath showing such collections and the sources from which collected, and the County Treasurer or other custodian or depository of county funds shall keep a separate account showing the sources from which said funds were derived and paid and received.
with this exception, all laws now of force re!ati!'g to Tax Receivers and Tax Collectors are hereby made applicable to said County Tax Commissioner so far as consistent with the provisions of this Act.
It is expressly enacted that the County Tax Commissioner hereby created shall never take any benefit by way of compensation under Act approved March 24, 1939, and contained on pages 370, 371, and 372 of the published Acts of 1939, but all of the commissions accruing to the office of Tax Collector under the terms of said Act shall be collected by the County Tax Commissioner herein provided for as public monies belonging to Bibb County whether said commissions accrued before or after the effective date of this Act.
Section 3. Be it further enacted by the authority aforesaid that all taxes that are due and payable at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued by the Tax Collector of Bibb County, Georgia, shall have full force and effect, and be collectible by the County Tax Commissioner aforesaid.
Section 4. Be it further enacted by the authority aforesaid that the first election of County Tax Commissioner of Bibb County shall be held at the November general election in 1942, and under the same rules, regulations, and laws governing the election for County officers, except that the Tax Commissioner so elected shall enter upon the duties of his office on January 1, 1943, and serve for a term of tvo (2) years, and until his successor is elected and qualifies. Succeeding Tax Commissioners shall be elected at the general election for County officers in the year 1944, and quadrennially thereafter, under the same rules, regulations, and laws governi''.g the election for County officers; shall take office on January 1, next succeeding his election; and shall serve for a term of four (4) years, and until his successor is elected and qualifies.
The provisions of the Code of Georgia of 1933, Title 34-2601-2607, shall attend such elections and, in case of ties, a ne1w election or elections shall be called by the Ordinary within periods of not less than thirty (30) days, until one person has received a plurality of votes.
In all such elections the Ordinary shall determine who has received a plurality of the votes cast, and certify the same to the Governor of the State, who shall issue a commission to the officer so elected.
Section 5. Be it further enacted by the authority aforesaid that in case of a vacancy in said office after a County Tax Commissioner is first elected hereunder, such vacancy shall be filled in the following manner:
If the vacancy occurs within one ( 1) year before the expiration of the

MONDAY, FEBRUARY 10, 1941

209

term of such County Tax Commissioner, the vacancy shall be filled by appointment by the Ordinary;
In case the vacancy occurs at a time when there remains more than one (1) year of an unexpired term, then a special election shall be called by the Ordinary within forty-five ( 45) days for the purpose of filling said vacancy, and pending such election the vacancy shall be filled by appointment by the Ordinary. Any officer appointed or elected to said office shall comply with the provisions of this act as to the giving of bond and taking the oath of office, and shall perform all of the duties of said office while he occupies the same as required of one elected for the full term of office. Any special election provided herein shall be held upon the same rules, regulations and laws governing special elections to fill vacancies in county offices.
Section 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office said County Tax Commissioner shall take and subscribe an oath, including the oath now required of a Tax Receiver and the oath required of a Tax Collector in this State, and shall also give bond and security insofar as State taxes are concerne-d under the same terms and conditions and in the same manner and in the same amount as are now or may hereafter be required of either the Tax Receiver or Tax Collector, and as to County funds shall give bond in such amount as may from time to time be required by the County Board of Commissioners for the County of Bibb or such officer as may at the time have charge of its fiscal affairs. The bond for County funds shall be in such manner and form as shall be approved by the County Board of Commissioners of said County or other fiscal agent or officer.
Section 7. Be it further enacted by authority aforesaid that the County Board of Commissioners for the County of Bibb in conjunction with the Grand Jury of said County are hereby authorized to fix the compensation of the County Tax Commissioner as herein provided for, except that, for the year 1943, it shall be fixed by the County Board of Commissioners alone. Immediately upon the effective date of this Act, the County Board of Commissioners shall fix the compensation of said County Tax Commissioner for the year 1943, and shall also fix the number of assistants and compensation of the same, which when so fixed, shall be paid to the County Tax Commissioner on a monthly basis, and the County Tax Commissioner shall thereupon immediately pay to his assistants the salaries previously fixed for them by the County Board of Commissioners. For the year 1944 and all subsequent years the salary of said County Tax Commissioner, the number of his assistants and salaries for his assistants, shall be fixed in the following manner:
At least ninety (90) days before the first day of January in each year (beginning with January, 1944), the County Tax Commissio!ler aforesaid shall furnish to the County Board of Commissioners or other County authority having jurisdiction over its fiscal affairs a statement as to the number of assistants or deputies required by said County Tax Commissioner together

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with his recommendation as to the salaries of such assistants, and thereupon the said County Board of Commissioners or other authority having charge of its fiscal affairs shall fix for the year succeeding the salaries of said County Tax Commissioner the number of assistants and the salaries of said assistants. It is hereby expressly provided that the number of assistants for such County Tax Commissioner shall be fixed and determined by the authority above prescribed, subject to the approval of the Grand Jury as herein provided, but it shall be within the power and authority of said County Tax Commissioner after the beginning of his term of office to designate and name the person or persons who shall be such assistants and to remove them at his will and pleasure. Provided, however, that before the action of the County Board of Commissioners or other fiscal agent of said County in fixing said sa~aries and number Of assistants shall become effective the same shall be submitted to the Grand Jury then sitting or in the event no Grand Jury is in session at the time of fixing said salaries, the next Grand Jury convening thereafter.
It shall be the duty of said County Board of Commissioners or other County authority to submit the schedule of salaries as soon as possible after the said schedule shall have been determined. The first order of business of the Grand Jury to which this Act applies, after the submission by the County Board of Commissioners or other County authority of the salary ~rhedule shall be the consideration of the said schedule. The Grand Jury ~hall have the power to disapprove the said schedule by two-thirds vote of all the members thereof, but unless the said Grand Jury disapproves the said schedule by the two-thirds vote, the said schedule shall remain as fixed by the said County Board of Commissioners, or other County authority. In the event that the Grand Jury fails to act upon the said schedule within ten ( 10) days after the submission thereof, then it shall remain as fixed by the County Board of Commissioners or other County authority. In the event the Grand Jury disapproves the schedule of salaries submitted to it by a twothirds vote as aforesaid, then the foreman of said Grand Jury shall appoint a committee from the said Grand Jury consisting of as many members as there are members of the said Board of County Commissioners or other County authority, which Committee shall meet in joint conference with the said County Board of Commissioners or other County authority for the purpose of harmonizing their contentions and determining upon a proper schedule of salaries, and the schedule of salaries approved by a majority of said joint conference committe shall be final. Provided that, except for the year 1943, the salary of said County Tax Commissioners and of all of his deputies or assistants and the expense of his office shall not, in the aggregate, exceed for any one ( 1) year sixty per cent. ( 60 <Jr) of the fees, costs, commissions, etc., accruing to his office and actually collected by him and paid into the County Treasury during the preceding year. All commissions for purposes of this limitation shall be figures under the laws .af this State relating thereto as applied to the Tax Collector and Tax Receiver of Bibb County immediately
prior to l!J3!J.

MONDAY, FEBRUARY 10, 1941

211

Section 8. Be it further enacted by the authority aforesaid that the County Board of Commissioners of said County or other fiscal agent thereof be and is hereby authorized to levy a tax sufficient to pay said salaries as t.hey accrue as well as any necessary expense of the operation of said office where such expense has been approved by said County Board of Commissioners.
Section 9. Be it further enacted by the authority aforesaid that when the salary of said County Tax Commissioner and his assistants has been fixed in the manner herein provided; the same, with the payment of the salaries of the assistants to said County Tax Commissioner as herein provided and the approved expense Qf his office as herein provided, shall constitute the sole and only compensation <>f the said County Tax Commissioner for the performance Qf all of the duties of his office, whether under existing laws or laws hereafter enacted.
Section 10. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective January 1, 1943, except that the provisions hereof respecting the election of a Tax Commissioner and the necessary procedure leading to such election and qualification of such Tax Commissioner shall become effective immediately upon approval of this Act.
Section 11. Be it further enacted by the authority aforesaid that should one or mpre provisions of this Act be declared unconstitutional by a Court of last resort having jurisdiction thereof, then the remaining provisions shall not be affected thereby.
Section 12. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict 1with this Act be and the same are hereby repealed, and specifically any and all parts of an Act of the General Assembly of Georgia approved March 24, 1939, and appearing on pages 370, 371, and 372 of the Georgia Laws of 1939, insofar as said Act may prescribe the salary or compensation of the Tax Commissioner in and for Bibb County, Georgia.
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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Mr. Hartness of Fannin: House Bill No. 124. A bill to ineorporate the City of McCaysville; and
for other purposes.
The report of the committee, which was favorable to the passage of the
bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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By Mr. Wells of Clayton: House Bill No. 136. A bill to amend an Act to establish the City Court
of Jonesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :\fessrs. Kelley and Mavity of Walker: House Bill No. 163. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenues of \Valker County so as to empo,wer the Commissioner to hire a 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 39, nays 0.
The bill, having received t!le requisite constitutional majority, was passed.
By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton: House Bill No. 171. A bill to establish a County Planning Commission
and Board of Zoning Appeals for Fulton County; a;1d for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Davis and Arnall of Coweta: House Bill No. 181. A bill to provide the County Surveyor of Coweta
County with proper equipment and supplies; and for other purposes.
The report of the committee, which was favorable to the passage o the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, '1\as passed.
By Messrs. Mavity and Kelley of \Valker: House Bill No. 221. A bill to reduce the official bond of the Sheriff
of Walker County; and for other purposes.
The report of the committee, which was favorable to the pa~~age of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.

MONDAY, FEBRUARY 10, 1941

213

The bill, having received the requisite constitutional majority, was passed.
By Mr. vVells of Clayton: House Bill No. 226. A bill to amend an Act to consolidate and super-
sede the several Acts incorporating the City of Jonesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Moss of Gordon: House Resolution No. 43-239A. A resolution providing that Gordon
County reimburse the Tax Commissioner thereof for payment he made of funds stolen from his office; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
At this time Senator Coxon of the 2nd took the chair.
The following bill of the Senate, which had been read the third time on February 3, 1941, was taken up for consideration.
By Senator Park of the 19th: Senate Bill No. 18. A bill to require all persons having certain claims
against the State of Georgia to have the State Auditor to approve them before payment; and for other purposes.
Senator Lanier of the 18th moved that action on Senate Bill No. 18 b0 postponed until Thursday morning, February 13, 1941, and that the bill be set as a special order to follow immediately after the period of unanimous (:onsen t~, and the motion prevailed.
The following bills of the Senate were read the third time and put upon their passage:
By Senl!:or Couch of the 52nd: Senate Bill No. 32. A bill to amend Paragraph 8, Section 24-2715 of
the Code, rPlati;~g to additional duties of Clerks of the Superior Courts; and for other purposeL
Senator Couch of the 52nd asked unanimous consent that Senate Bill No. :12 be recommitted to the Committee on General Judiciary No. 2, and

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the consent was granted.
Senator Coxon of the 2nd asked unanimous consent that action on Senate Bills Nos. 58, 59, 60, and 61 be postponed until Tuesday, February 11, 1941, and that they be set as a special order to follow immediately after the pel'iod of unanimous consents.
The consent was granted.
By Senators Whaley of the 45th and Martin of the 3rd: Senate Bill No. 68. A bill to amend Section 45-308 of the Code pro-
viding for a different date for the commencement of open season for the hunting of game in certain territory of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 'Were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Odom of the 9th: Senate Bill No. 69. A bill to require the fiscal officers of each county
of the State, in making audits of affairs of said county to make same on uniform schedules or forms prepared by State Auditor; to provide for certified copy of said audit to be filed with State Auditor within 30 days from date Of audit; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Edenfield Of the 4th moved that the Senate do no:w adjourn, and the motion prevailed.
Senator Coxon of the 2nd, acting for the President, announced the Senate adjourned until tomorrow morning at 10 o'clock.

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215

Senate Chamber, Atlanta, Georgia, Tuesday, February 11, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by Dr. E. G. Mackay, District Superintendent of the East Atlanta District of the Methodist Church.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-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.
The follo,wing message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Mrs. Mankin of Fulton: House Bill No. 27. A bill to be entitled an Act to authorize and direct
any public authority having any interest in public lands donated for highway, road, or street purposes to reconvey after the lapse of seven years to the respective donors any lands not used within that period of time for the purposes for which they were donated; and for other purposes.
By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 301. A bill to be entitled an Act to amend the charter of
the City of Savannah; and for other purposes.
By Mr. Williams of Harris: House Bill No. 306. A bill to be entitled an Act to amend the Act cre-
ating and establishing the town of Chipley, Harris County, State of Georgia; and for other purposes.
By Mr. Foster of Paulding: House Bill No. 308. A bill to be entitled an Act to amend Section 9
of an Act creating the Town of Hiram in the County of Paulding; and for other purposes.
By Messrs. Atkinson, Grayson, a!ld "McNall of Chatham: House Bill No. 312. A bill to be entitled an Act to amend the Charter
of the City of Savannah and the several acts amendatory thereof incorporating the Mayor and Aldermen; and for other purposes.

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JOURNAL OF THE SENATE,

By Mr. Goddard of Spalding: House Bill No. 335. A bill to be entitled an Act to amend the Act pro-
viding a charter for the City of Griffin; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 41. A bill to be entitled an Act to amend the Act cre-
ating a new charter for the Town of Canton by changing the name and official designation of said municipality from "Town of Canton" to "City of Canton"; and for other purposes.
Senator Edenfield of the 4th asked unanimous consent that all members of the Senate having bills and resolutions to introduce, be allowed to do so at this time.
The consent was granted.
The following bills of the Senate were introduced, read the first time, and referred to committees:
By Senator Redwine of the 26th: Senate Bill No. 98. A bill to amend Section 4 of an Act approved Feb-
ruary 10, 1937, creating the State Board of Education, defining its powers, duties, etc.; and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Senator Clark of the 44th: Senate Bill No. 99. A bill to be entitled a uniform State Food, Drug and
Cosmetic Act, to provide definitions, injunction proceedings, prosecutions and define standards and definitions for foods, drugs and cosmetics; and for other purposes.
Referred to Committee on State of Republic.
By Senator Drake of the 8th: Senate Bill No. 100. A bill to amend Section 47-107 of the Code of
Georgia of 1933, relating to the per diem and mileage of members of the General Assembly by providing for the payment of three ($3.00) dollars per day to each member while in attendance upon meetings of the General Assembly as subsistance, etc.; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Dnke of the 8th: Senate Bill No. 101. A bill to amend Section 32-2205 of the Code of
Georgia of 1933, relating to the employment of agricultural teachers and home economics teachers, by enlarging the scope of said Section, etc.; and for other purposes.
Referred to Committee on Agriculture.
By Senator Drake of the 8th: Senate Bill No. 102. A bill to amend Section 32-944 of the Code of

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217

Georgia of 1933 authorizing tax levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics, etc.; and for other purposes.
Referred to Committee on Education and Public Schools No. 2.

Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:

Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 68.

Senate Bill No. 69.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President:
Your committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 184. Do pass.

Senate Bill No. 81. Do pass.

Respectfully submitted, Drake of 8th district, chairman.

Mr. Daughhy of the 21st 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 rwith the following recommendations:

Senate Bill No. 75. Do pass. Senate Bill No. 82. Do pass. House Bill No. 244. Do pass. House Bill No. 268. Do pass.

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JOURNAL OF THE SENATE,

House Bill No. 262.

Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.

The following privileged resolutions were read and adopted: By Senator Kirkland of the 49th:

A resolution extending the privileges of the floor to the Hon. Mel Price, Judge of the City Courts of Ludowici and Darien, Georgia.

By Senator Milhollin of the 46th: A resolution extending the privileges of the floor to the Hon. J. J. Page,
Jr., distinguished citizen of Fulton County.
By Senator Fortson of the 50th: A resolution extending the privileges of the floor to Mrs. 0. W. Hill, of
Greenville, Georgia, Mrs. J. S. Weaver, of Atlanta, Georgia, and Mrs. H. C. Arnall, of Newnan, Georgia.

By Senator Steed of the 43rd: A resolution extending the privileges of the floor to the Hon. Phil Stone,
the Hon. Lee Jones, and the Hon. Gordon Kettles, distinguished citizens of Whitfield County.
By Senator Dorsey of the 32nd: A resolution extending the privileges of the floor to the Hon. C. H.
Edi\\"'lrds, distinguished attorney from Cleveland, Georgia.
By Senator Bradley of the 13th: A resolution extending the privileges of the floor to Mrs. Benton Odom,
Jr., wife of the distinguished Senator from the 9th.
By Senator Pilcher of the 7th: A resolution extending the privileges of the floor to the Hon. R. L.
Bradley, a brother of the distinguished Senator of the 13th.
The following bill of the Senate, set as a special order for today, was read
the third time and put upon its passage:

By Senator Coxon of the 2nd: Senate Bill No. 58. A bill to authorize the appointment and prescribe the
p01w:ers and duties of special policemen for the protection and preservation of public property; and for other purposes.
Senator Coxon of the 2nd offered the following amendment which wag adopted:
To amend Senate Bill 58, entitled, "A Bill to be entitled an Act authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other

TUESDAY, FEBRUARY 11, 1941

219

purposes."
By striking the last sentence of Section 4 and inserting the following words, in lieu thereof. "No person shall be appointed a Special Policeman under this Act unless he is a citizen of the State of Georgia, of good moral -character, has not previously been convicted of a felony, and shall have furnished a good and solvent bond in the sum of two thousand dollars, in conformity with Section 89-402, et-sequiter of the Code of Georgia -of 1933," so that said Section 4, 1when amended shall read as follows:
"Section 4. Qualifications.
Each person appointed under this Act shall, within 15 days after his certificate of appointment has been issued, and before entering upon the duties of his office, take and subscribe the oath prescribed by Section 89-302 of the Code and file it in the office of the appointing authority. No person shall be appointed a special policeman under this Act unless he is a -citizen of the State of Georgia, of good moral character, has not previously been convicted of a felony, and shall have furnished a good and solvent bond in the sum of two thousand dollars, in conformity with Section 89-402, et-sequiter of the Code of Georgia -of 1933."
And to further amend said Bill by striking the period at the end of Section 7 and inserting a comma and the following words, "Except as to the requirement of a bond as hereinbefore set out." So that said section 7 when amended shall read as follows:
"Section 7. Immunity from Liability.
Neither this State nor any political subdivision of this State, nor any department, officer, board, bureau or other agency of either the State or any political subdivision thereof shall be liable or accountable in any way for or on account of the appointment of any such special policeman or for or on account of any act or ommission on his part in connection IWith his powers and duties under this act, except as to the requirements of a bond herein before set out."
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 6.
The bill, having received the requisite constitutional majority, was passed as amended.
Pursuant to a privileged resolution adopted .by the Senate on Friday of last week, inviting the quartet of the House of Representatives to sing for the Senate, Senator Drake of the 8th asked unanimous consent to suspend the business of the Senate and hear from the House quartet at this time.
The consent was granted, and the President introduced to the Senate the members of the House quartet, Messrs. Mims of Colquitt, Calloway of

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JOURNAL OF THE SENATE,

Newton, Jones of Richmond, and Gross of Stephens, who sang several numbers for the enjoyment of the Senators present.
Senator Edwards of the 6th asked unanimous consent to introduce the following resolution, and the consent was granted:
By Senator Edwards of the 6th, Senate Resolution No. 28-1 02A: \Vhereas, former Governor E. D. Rivers granted pardons during his four
years as Governor of Georgia to more than 1,889 inmates of penal institutions of our State, and
\Vhereas, the granting of this great number of pardons by one governor exceeded the number granted in the State of Georgia in a previous period of more than twenty-five years, and
Whereas, the granting of so many pardons included pardons to murderers, racketeers, lottery criminals, etc., and
\Vhereas, numerous Grand Juries all over the State of Georgia, Judges of Superior Courts, and the Press of our State, and the citizenry at large, have condemned this wholesale freeing of criminals, and
Whereas, the free thinking people of our State, and Judiciary, the Grand Juries, and the people generally are alarmed and disturbed at this condition, and
Whereas, the Grand Jury of Fulton County, the county in which our State Capitol is situated, has gone so far in investigating this deplorable condition as to advise the people that the condition is such that it demands the arming of the citizens, individually and collectively, for the protection of their life, liberty and property against the lawless element that has been turned loose in this State, and
whereas, this condition tends to create chaos instead of law and order, and
whereas, this condition, unless it is investigated by the General Assembly, would cast a reflection upon the lawmaking body of this State, and
\Vhereas, it is reported and circulated generally that in granting of so many pardons, pecuniary gain was an element, and
Whereas, it appears that the public generally is desirous to know of this deplorable situation, and in aiel of truth and justice,
Therefore, be it resolved by the State Senate, the House of Representatives concuning, that the President of the SeiJ.ate and the Speaker of the House of Representatives are hereby authorized to appoint a committee of five, two from the Senate and three from the House of Representatives, to thoroughly and painstakingly investigate the pardons granted by Governor E. D. Rivers, and this committee has the power and authority to summons witnesses, hold hearings, compel the production of records, books and writings,

TUESDAY, FEBRUARY 11, 1941

221

to punish for contempt in failure to obey the processes of appearing as rwitnesses or production of documents, and this committee is empowered and directed to begin work immediately and proceed as fast as possible in order that the General Assembly can be advised and the people be informed.
Senator Edwards of the 6th offered the following amendment which was adopted:
Amend resolution in first line as follows:
After word "Whereas" adding the :words "It is reported that".
Also by adding after the word "Whereas" in the first line of the second patagraph the words "It is reported that".
On the adoption of the resolution, the ayes were 33, nays 3, and the resolution was adopted as amended.
Senator McGehee of the 25th arose to a point of personal privilege and addressed the Senate.
The following resolution of the Senate was read and adopted: By Senators Drake of the 8th, Bradley of the 13th, Whaley of the 45th, Fortson of the 50th, Mosley of the lMh, Coker of the 3Uth, Pilcher of the 7th, and Campbell of the 34th:
Whereas, Miss Sally Rand, the noted fan dancer, is on a sojourn in the City of Atlanta for a three-day stay, and,
Whereas, she is a person of outstaY!ding popularity, and internationally known as one of the most outstanding entertainers,
Be it therefore resolved, that an invitation be extended to Miss Rand to visit the State Senate at her convenience, and that the President of this Senate designate as an escort to escort Miss Rand to the State Senate the Honorable Joe Johnson, Jr., aide to the Honorable President of this Senate.
That a copy of this resolution be sent to Miss Rand by a committee of one to be named by the Honorable President of this Senate.
The President appointed Senator Drake of the 8th as a committee of one to act under the above resolution.
Pursuant to Senate Resolution No. 27-85A, adopted February 7, 1941, and providing for a special committee to investigate purchases of gasoline by the Highway Board, the President appointed the following Senators to conduct the investigation:
Senator Couch of the 52nd,
Senator Cannon of th<.> 40th,
Senator Holt of the 48th.

JOUBNAL OF THE RENATE,
Senator Edenfield of the 4th moved that the Renate do now adjourn, and the motion prevailed.
The considet'lltion of Senate Bills Nos. liS, 60 and Sl, set as special orders for today, went over as unfinished business.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

WEDNESDAY, FEBRUARY 12, 1941

223

Senate Chamber, Atlanta, Georgia,
Wednesday, February 12, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by Dr. D. P. McGeachy, pastor of the First Presbyterian Church of Decatur, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following message .was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
By Messrs. Grice, Bloodworth, and weaver of Bibb: House Bill No. 38. A bill to be entitled an Act to amend Section 113-
1018 of the Code of Georgia of 1933 providing for distribution in kind of estates; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and ,Kendrick of Fulton: House Bill No. 103. A bill to be entitled an Act to amend an Act estab-
lishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.
By Mr. Ylusgrove of Baker: House Bill No. 239. A bill to be entitled an Act to propose to the
qt;alified voters of Georgia an amendment to the Constitution so as to allow Baker County to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of the State of Georgia; and for other purposes.
By Mr. Clements of Calhoun: House Bill No. 259. A bill to be entitled an Act to amend the Consti-
tution so as to authorize Calhoun County to jssue addtional funding bonds; and for other purposes.
By Messrs. Pittman of Berrien, Joiner of Cook, and Connell of Lowndes: House Resolution No. 33-137B. A resolution to propose to the qualified
voters of Georgia an Amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to enable the Sparks-Adel Consolidated School District, of Cook County, Georgia, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of Georgia; and for other purposes.
By Senators Redwine of the 26th, 'Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:

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JOURNAL OF THE SENATE,

Senate Bill No. 7. A bill to be entitled an Act to create the office of State Superintendent of Prison Farms and define his duties; and for other purposes.
The House has passed as amended the following bill of the Senate: By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th:
Senate Bill No. 6. A bill to be entitled an Act to amend the Act changing the name of the Prison Commission of the State of Georgia to the State Prison and Parol Commission and Acts amendatory thereof, by further limiting the issuance of paroles by requiring the evidence of satisfactory prison record; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Mr. Smiley of Liberty: House Bill No. 115. A bill to be entitled an Act to incorporate the City
of Flemington; and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 217. A bill to be entitled an Act to amend the charter
of the City of Fairburn; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
By Messrs. Grice, weaver, and Bloodworth of Bibb: Hous11 Bill No. 35. A bill to be entitled an Act to consolidate the offices
of Tax Receiver and Tax Collector of Bibb County; to create the office of Tax Commissioner; and for other purposes.
Senator Odom of the 9th, vice-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 confirmfid.
Senator Edenfield of the 4th asked unanimous consent that all Senators h>tving bills and resolutions to introduce be allowed to do so at this time, anrl the consent was granted.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senator Coker of the 39th: Senate Bill No. 103. A bill to provide payment by counties in this State
having a population according to the census of 1940, and of any future census, of actual cost incurred in Superior and City Courts for the hial and conviction of misdemeanor convicts worked by said County upon public roads of

WEDNESDAY, FEBRUARY 12, 1941

225

same; and for other purposes. Referred to Committee on Uniform Laws.
By Senators Smith of the 24th, and Couch of the 52nd: Senate Bill No. 104. A bill to amend 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, so as to provide for meetings of the Commission; and for other purposes.
Referred to Committee on Special Judiciary.
By Senators Drake of the 8th, Odom of the 9th, Bradley of the 13th: Senate Bill No. 105. A bill establishing the State Board of Education,
prescribing its jurisdiction, powers, duties, etc.; and for other purposes. Referred to Committee on Education and Public Schools No. 2.
By Senator Coker of the 39th: Senate Bill No. 106. A bill to establish a new charter for the City of
Canton; to provide p01wer and authority for the enactment and passage of Zonning and Planning Laws and Ordinances; and for other purposes.
Refened to Committee on Municipal Government.
By Senator Dobbs of the 22nd: Senate Bill No. 107. A bill to amend an Act of the General Assembly of
the State of Georgia, so as to further provide the method of obtaining leave to sell property set apart as a year's support and in which minor children have an interest; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Dobbs of the 22nd: Senate Resolution No. 29-102A. A resolution authorizing and directing
the President of the Senate to appoint a special committee composed of one Senator from each congressional district of the State to prepare and present to the Senate a bill reapportioning and assigning the various counties of the State into 52 Senatorial districts.
Refened to Committee on Privileges and Elections.
The following resolution was read and adopted:
By Senator Gross of the 20th: Senate Resolution No. 30-103A. A resolution inviting the Milledgeville
A Capella Choir to sing for the House and Senate in joint session on Monday morning, February 24, at 11 o'clock.
The following privileged resolutions were read and adopted:
By Senator Edenfield of the 4th: A resolution extending the privileges of the floor to the Hon. N. C. Brown,
distinguished Mayor of the City of St. Marys.

226

JOURNAL OF THE SENATE,

By Senator Drake of the 8th: A resolution extending the privileges of the floor to the Hon. Thomas
Chason, a former member of the State Senate.
By Senator Edenfield of the 4th: A resolution extending the privileges of the floor to Mrs. J. L. Pilcher,
wife of the distinguished Senator from the 7th.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to Mrs. G. P. Foy, :Vlrs.
Barney Averett, Mrs. Bruce Olliff, Mrs. W. H. Ellis, and Mrs. J. D. Watson, prominent citizens ol Statesboro.
By Senator Dorsey of the 32nd: A resolution extending the privileges of the floor to the Hon. Thomas S.
Candler, Judge of the Superior Court of the Northeastern Circuit.
By Senator Burnside of the 29th: A resolution extending the privileges of the floor to Judge J. Glenn
Stovall, distinguished former member of the Senate.
By Senator Coker of the 39th: A resolution extending the privileges of the floor to the Hon. H. W.
Hampton, former Senator from the 41st.
By Senator Smith of the 24th: A resolution extending the privileges of the floor to the Hon. Joe S.
Burgin, former Senator from the 24th.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to Mr. and Mrs. Miller
Clark, prominent citizens of Ringgold.
By Senator Bargeron of the 17th: A resolution exter,ding the privileges of the floor to the Hon. Otto Griner,
former member o:i the Se~:ate.
By Senator Dorsey of the 32nd: A rewlution extending the privileges of the floor to the Hon. C. N.
Maloof, distinguished citizen of the To<>vn of Helen.
By Senator Guyton of the 1st: whereas Senator Ragan of the 14th is retained at his home on account
of serious sickness, with himself and all of his family,
Be it resolved that this Senate as a body express their sympathy and extend their best wishes for a speedy recovery for himself and family.
By Senator Fortson of the 50th:

WEDNESDAY, FEBRUARY 12, 1941

227

A RESOLUTION Whereas, pursuant to a resolution recently adopted by the Senate requesting special "State Senator" auto tags for members of the Senate, \V. Wayne Walker, Director of the Motor Vehicle Unit of the Department of Revenue, has had such tags prepared, which were delivered to the Senators today, and
\Vhereas, the Senate appreciates this courtesy and the promptness with which its request for special tags was met
Now therefore be it resolved, that we extend our thanks to Director walker and the Pepartment of Revenue for the State Senator Tags and commend the Motor Vehicle Unit for the prompt and efficient service rendered to this body.
Resolved further, that a copy of this resolution be sent to Director Walker by the Secretary of the Senate.
By Senator Guyton of the 1st: A RESOLUTION
\Vhereas, today marks the opening of National Defense Week in the Nation, and seldom before has our country been confronted with a situation so serious or felt the necessity of such urgent demands for a united and intelligent effort to properly arm ourselves against foreign aggression upon cur territory and to guard against destructive alien influences upon the institutions on which the greatness of our Nation was builded.
Therefore, be it resolved by the Senate of Georgia in meeting assemhled that this body endorse the movement of the Reserve Officers' Organization in America during this Defense Week to properly inform the public upon the needs of our Nation and we urge all Georgians to join whole-heartedly in this movement to the end that our cherished rights of liberty, property and the pursuit of happiness may remain secure for coming generations.
We also extend our felicitations to that splendid body of young citizens who have been called to the service of the country and wish them to knoW that we are proud of their patriotic showing and will ever stand ready to support them in whatever duties they may be called upon to perform in the s~C"rvices of the army of America.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bill and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Resolution No. 2~-102A.

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JOURNAL OF THE SENATE,

Senate Bill No. 58.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Cannon of the 40th District, Chairman of the Committee on Insurance, submitted the fo!J.owing 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 recommendations:
Senate Bill No. 80. Do pass.
Respectfully submitted, Cannon of 40th district, chairman.
Mr. Daughtry of the 21st 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 recommendations:
House Bill No. 269. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Clark of the 44th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back .to the Senate with thE: following recommendations:
Senate Bill No. 97. Do pass.
Respectfully sU'bmitted, Clark of 44th district, chairman.
Mr. Campbell of the 34th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President:
Your Committee on Motor Vehicles have had unde1 consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate wit\1 the following recommenda,tions:

WEDNESDAY, FEBRUARY 12, 1941

229

Senate Bill No. 66. Do pags by substitute.
Senate Bill No. 67. Do pass.
Senate Bill No. 79. Do pass.
Respectfully submitted, Campbell of 34th district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the fol!o1wing report:
Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bill and resolution of the Senate and House and have instructed me as Chairman, to repot't the same back to the Senate with the following recommendations:
Senate Resolution No. 26-80A. Do pass.
House Bill No. 169. Do pass by substitute.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Rowland of the 16th Digtrict, Chairman of the Committee on Enrolling, submitted the following report:
Mr. President:
Your Committee on Enrolling have read and examined the following bill of the Senate and have ingtructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 41.
Respectfully submitted, Rowland of 16th district, chairman.
Under the order of unfinished business, the following bills of the Senate ~vere read the third time and put upon their passage:
By Senator Coxon of the 2nd: Senate Bill No. 59. A bill to amend Section 88-801 of the Code relating
to registration by owners of explosives and obtaining a license authorizing the ownership, possession, and contr.ol of the same; and for other purposes.
Senator Houston of the 51st offered the following amendment which was adopted:
Amend Senate Bill No. 59 by adding at the end of Section III the following:
Provided, that the person or corporation violating the provisions of this Act may be punished as for a misdemeanor on the recommendation of the

230

JOURNAL OF THE SENATE,

jury trying- the case.
Senator Burnside of the 29th asked unanimous consent that further action on Senate Bill No. 5t9 be deferred until after consideration of Senate Bills Go and Gl, and the consent was granted.
By Senator Coxon of the 2nd: Senate Bill No. 60. A bill providing for fresh pursuit by military forces,
and authorizing this State to cooperate with other States therein; and for other purposes.
The report of the committee, rwhich was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 2.
The bill, having received the requisite constitutional majority, was passed.
At this time, Senator Edwards of the 6th, President pro tempore, took the chair.
By Senator Coxon of the 2nd: Senate Bill No. 61. A bill to protect property by making criminal, cer-
tain unlawful entries on, injuries to, and interferences with property; authmizing the closing of highways, and to provide penalties; and for other purposes.
Senator Coxon of the 2nd offered the following amendment <which was adopted:
To amend Senate Bill No. 61, entitled "A bill to be entitled an Act to protect property by making criminal certain unlawful entries on, injuries to and intereference with property, authorizing the closing of highways, and to provide penalties; and for other purposes."
By adding to Section II, the following words. "Nothing in this Act shall be deemed or construed so as to interfere with or impede or in any way diminish the right to strike." So that Section II, rwhen amended shall read as follows:
"Section II. Rights of Labor.
Nothing in this Act shall be construed to impair, curtail or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. Nothing in this Act shall be deemed or constru~d so as to interfere with or impede or in any way diminish the right to strike."
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 4. ~

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231

The bill, having received the requisite constitutional majority, twas passed as amended.
By Senator Coxon of the 2nd: Senate Bill No. 59. A bill to amend Section 88-801 of the Code relating
to registratio:1 by owners of explosives and obtaining a license authorizing the ownership, possession, and control of the same; and for other purposes.
Senators Burnside of the 29th and Gross of the 20th offered the following amendment which was adopted:
Amend Senate Bill No. 59 by adding at the end of Section III thereof the following:
Provided however, that nothing provided herein shall preclude the right of citize:1s of the State of Georgia to own and possess small fire arms, including shotguns, and ammunition therefor. The provisions of this bill shall not apply to said fire arms and ammunition.
The report of the committee, "hich was favotable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bills and resolution of the House were read the first time and referred to committees:
By :vlrs. Mankin of Fulton: House Bill No. 27. A bill to authorize and direct any public authority
having any interest in public lands donated for highway, road or street purposes to reconvey after the lapse of seven years to the respective donors; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Bill No. 38. A bill to amend Section 113-1018 of the Code pro-
viding for distribution in kind of estates; and for other purposes. Refened to Committee on General Judiciary No. 2.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 103. A bill to amend an Act establishing a new charter
for the City of Atlanta, approved February 28, 1874, so as to provide for the payment of a pension to Mrs. Matt Leonard; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Musgrove of Baker: House Bill No. 239. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to allow Baker County to incur a

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bonded indebtedness in addition to that heretofore outhorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring and paying of all county matters; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Clements of Calhoun: House Bill No. 259. A bill to amend the Constitution so as to authorize
Calhoun County to issue additional funding bonds; and for other purposes. Referred to Committee on Amendments to Constitution.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 301. A bill to amend the charter of the City of Savannah
and the several acts amendatory thereof incorporating the Mayor and Aldermen ()f the City of Savannah relative to and supplementary thereto; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Williams of Harris: House Bill No. 306. A bill to amend an Act creating and establishing
the Town of Chipley, Harris County, State of Georgia; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Foster of Paulding: House Bill No. 308. A bill to amend Section 9 of an Act creating the
Town of Hiram in the County of Paulding, so as to vest the Mayor and Council with power to levy a tax of one per cent; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 312. A bill to amend the charter of the City of Savannah
and the several acts amendatory thereof incorporating the Mayor and Aldermen; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Goddard of Spalding: House Bill No. 335. A bill to amend the Act providing a charter for the
City of Griffin; and for other purposes. Referred to Committee on Municipal Government.
By Me:o~srs. Pittman of Berrien, J.oiner of Cook, and Connell of Lowndes: House Resolution No. 33-137B. A resolution to propose an amendment
to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the Sparks-Adel Consolidated School District, ()f Cook County, to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution.
The following bills and resolution of the Senate and House, favorably reported by the committees, were read the second time:

WEDNESDAY, FEBRUARY 12, 1941

233

By Senators Edwards of the 6th and Campbell of the 34th: Senate Bill No. 67. A bill to repeal Section 68-1001 of the Code pro-
viding for authority of the State Revenue Commission to negotiate reciprocal agreements relative to the license tags of motor carriers; and for other purroses.
By Senators Odom of the 9th, Campbell of the 34th, and Couch of the 52nd: Senate Bill No. 75. A bill to permit the {)perating of motion picture
theatres on Sundays; to prescribe the conditions theref{)r; and for other purposes.
By Senator Fortson of the 50th: Senate Bill No. 79. A bill to require the registration of automobiles
and the purchase of license plates therefor on or before January first {)f the year for IW!hich such license plates are issued; and for other purposes.
By Senators Redwine of the 26th, Clark of the 44th, Edenfield of the 4th, and Smith of the 24th:
Senate Bill No. 80. A bill permitting insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 81. A bill to amend Section 32-904 of the Code, by
providing a per diem not to exceed $6.00 for each days service of members of the County Board of Education in all counties {)f this State having a population Of not less than 20,120 or more than 20,130 by the 1940 census; and for other purposes.
By Senator Coker of the 3!lth: Senate Bill No. 82. A bill to amend the charter of the Town of Canton
creating and establishing the public school system; and for other purposes.
By Senators Houston of the 51st and Milhollin of the 46th: Senate Bill No. 97. A bill to provide for the filing of a contest in political
primary elections held by any political party; and for other purposes.
By Senator Smith Of the 24th: Senate Resolution No. 26-SOA. A resolution authorizing the Commis-
sioners of Roads and Revenues of Muscogee County to pay back salary of Thomas L. Bowden, Judge of the City Court of Columbus; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 169. A bill to create a Purchasing Depa,rtment in Fulton
C{)unty; and for other purposes.
By Mr. Gaston of Butts: House Bill No. 184. A bill to reduce the bond of the Sheriff of Butts

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County, to $2,000.00; and for other purposes.
By Messrs. Roughton and Smith of Washington: House Bill No. 244. A bill to abolish the Board of Water Commissioners
of the City of Tennille, Georgia; and for other purposes.
By Messrs. Hardy and williams of Jackson: House Bill No. 262. A bill to amend an Act approved December 12,
1899, to incorporate the City of Jefferson; and for other purposes.
By ::\1essrs. Blackshear and Smith of Hall: House Bill No. 268. A bill to amend the charter of the City of Gaines-
ville, so as to provide for the creation and administration of a Retirement Fund; and for other purposes.
By Messrs. Wohlwender, Maxwell and Elliott of Muscogee: House Bill No. 269. A bill to amend the charter of the City of Columbus; and for other purposes.
By Senators Edwards of the 6lh, and Campbell of the 34th: Senate Bill No. 66. A bill governing and regulating the use of public
roads and public highways of this State, according to recommendations of the Highway Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads, in the interest of public safety and the protection and preservation of the public roads and highways of this State, by vehicles and parts of vehicles; and for other purposes.
The following bills and resolutions of the Senate and House were real! the third time and put upon their passage:
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 108. A bill to change the terms of the Superior Court
of Bibb County, and to provide for the holding of six terms of the Superior Court in 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dean of Rockdale: House Bill No. 283. A bill to repeal an Act to provide for a Board of
Commissioners of Roads and Revenues for the County of Rockdale; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.

WEDNESDAY, FEBRUARY 12, 1941

235

The bill, having received the requisite constitutional majority, was passed.
By Mr. Dean of Rockdale: House Bill No. 284. A bill to create the office of Commissioner of Roads
and Revenue of Rockdale County; and for other purposes.
Senator Campbell of the 34th offered the foll01wing amendment which was adopted:
Amend House Bill No. 284, by striking the word "said" in line two of Section II, and substituting therefor the word "such", so that when amended, said Section II will read as follows:
"Said advisors to the Commissioner shall have authority to act only in an advisory capacity and their recommendation shall be subject to such action as said Commissioner may deem wise and for the best interest of said County."
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.
The bill, having received the requisite constitutional majority, was passed as amended.
By ~1r. Reiser of Effingham: House Resolution No. 22-65B: 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 the State of Georgia, incorporated in the Code of 1933 as Section 2-5501, so as to authorize the County of Effingham to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia. For the purpose of the retirement and payment of the deficit and current indebtedness of the County of Effingham due and unpaid as of November 1, 1941, to provide that the funds raised from such bonded indebtedness shall be used exclusively for the retirement of said deficit and current indebtedness that is or may become due and unpaid as of November 1, 1941; to authorize the County of Effingham to issue bonds for the payment and retirement of all notes and other liquidated or unliquidated demands outstanding and unpaid as of November 1, 1941, for which the County of Effingham may be liable, and to provide that funds raised for such bonded indebtedness shall be used exclusively for the payment and retirement for the indebtedness and obligations for which they are issued; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance and other details incident to the issuance 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 Georgia and it is

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hereby enacted by the authority of the same that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, incorporated in the Code of 1933 as Section 2-5501, which has been heretofore 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 County of Effingham, in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not in excess of the sum of One Hundred Thousand ($100,000.00) Dollars, for the payment and retirement of the deficit and current indebtedness of the County of Effingham, the same being represented by notes, open accounts and other liquidated or unliquidated demands for which said County of Effingham may be liable, outstanding and unpaid ::.s of November 1, 1941; and shall provide for the asssesment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in Ten ( 10) annual equal amounts beginning One ( 1) year from date of issuance and maturing each year thereafter for a period of Ten (10) years. The proc~eds of such bonds shall be used exclusively for the purpose of paying and retiring said outstanding unpaid notes, open accounts and other liquidated and unliquidated demands as of NovembeP 1, 1941, for which said County of Effingham may be liable. Said bonds may be issued and validated when authorized by a majority vote of the Commissioners of Roads and Revenues of Effingham County, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issuance and sale of said bonds."
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 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 this State 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 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 County of Effingham to issue bonds for retirement of indebtedness due and unpaid as of November 1, 1941", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Effingham to issue bonds for retirement of indebtedness due and unpaid as of N ovember 1, 1941," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, twhen 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 County of

WEDNESDAY, FEBRUARY 12, 1941

Effingham 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 rwas favorable to the adoption 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:

Adams Almand Barnhill Bland Bradley Burnside Coker Couch Daughtry Dobbs Dorsey Drake Edenfield

Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Hill Holt Houston Kirkland Lanier Lewallen

Martin McGehee Milhollin Mosley Odom Park Pilcher Smith, 24th Smith, 35th Striplin Sumner
Wal~
Whaley

Not voting were Senators: Bargeron, Campbell, Cannon, Clark, Coxon, Harrison, Kiker, Mason, Ragan, Rowland, and Steed.

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

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Mr. Brinson of Chattooga:
House Resolution No. 40-198A.
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Chattooga County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said 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

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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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
Section 1. 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 paragraph in the following words and language, to-wit:
Provided, however that in addition to the bonded indebtedness now on hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Chattooga County is hereby authorized and empowered to issue bonds sufficient in amount to refund, payoff, and retire a11 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 of said County on the date as determined by the governing authority of said County, which date shall not be earlier than 10 days and not more than 60 days after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds."
In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said Cou!lty, with the right in said governing 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

WEDNESDAY, FEBRUARY 12, 1941

239

officers and departments of said County, other than the Schools, and the courts thereof and 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. All tax levies for lawfui County purposes hertofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express po,wer and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have such terms and provisiOns as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, ho\\ever, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds a:-; they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtednesc; and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be ifsued uYJder the authority hereof when authorized by a majority vote and resolution of the governing authority of Chattooga County, but rwithout the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 Chattooga County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Chattooga County to issue Funding Bonds, and thereafter to operate on a cash basis, 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

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be consolidated as now required by law in elections for members of the General Assembly, then said 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 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 adoption 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Coker Couch Daughtry Dobbs Dorsey Drake Edenfield

Edwards Fortson Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland Lanier Lewallen

Martin McGehee Milhollin Mosley Odom Park P11cher Ragan Smith, 24th Striplin Sumner Wall Whaley

Not voting were Senators: Campbell, Cannon, Clark, Coxon, Foster, Kiker, Mason, Rowland, Smith of 35th, and Steed.

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Senator Wall of the 28th: Senate Bill No. 64. A bill to amend Section 58-207 of the Code by add-
ing thereto an additional sub-section to be known as sub-section (e) so as to provide that owners, clai~;nants, and other parties having an interest in vehicles and conveyances seized under the provisions of said Section may give bond for such 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 38, nays 0.

WEDNESDAY, FEBRUARY 12, 1941

241

The bill, having received the requisite constitutional majority, was passed.
By Senator Wall of the 28th: Senate Bill No. 65. A bill to regulate attachments for contempt in judg-
ments and decrees for permanent alimony in cases of total divorce; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Lanier of the 18th moved that further consideration of the bill be postponed until Thursday, February 13, 1941, and the motion prevailed.
Senator Odom of the 9th gave notice that at the proper time he would move that the Senate reconsider its action in passing Senate Bill No. 61.
At this time, the President pro tempore presented to the Senate Miss Sally Rand, internationally known fan dancer, twho addressed the Senate briefly, graciously expressing her appreciation for the resolution adopted yesterday inviting her to visit the Senate during her stay in Atlanta.
Senator Milhollin of the 46th moved that the Senate do now adjourn, and the motion prevailed.
The President pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,
Thursday, February 13, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. J. B. Stodghill, of Jackson, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Pilcher of the 7th, a member of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Park of the 19th moved to take the following bill of the Senate from the table and recommit same to the Committee on Special Judiciary:
By Senator Park of the 19th: Senate Bill No. 39. A bill to amend Section 59-106 of the Code of Geor-
gia to add the names of women to jury lists; and for other purposes.
On the motion to take from the table and recommit, the ayes were 25, nays 10, and the motion prevailed.
The President asked unanimous consent to withdraw the following resolution of the Senate from the Committee on Privileges and Elections and take same up for consideration at this time:
By Senator Dobbs of the 22nd: Senate Resolution No. 29-102A. A resolution authorizing and directing
the President to appoint a special committee to prepare a bill reapportioning the various counties of the State into 52 Senatorial districts; and for other purposes.
The consent was granted and the resolution was adopted.
Senator Edenfield of the t!th asked unanimous consent to defer confirmation of the Journal until the arrival of Senator Odom of the 9th at the Senate Chamber, due to his having filed a notice of a motion to reconsider the action of the Senate in passing Senate Bill No. 61 as amended, and the consent was granted.
The follotwing mesage was received from the House through Mr. Boone, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit: By Mr. Lovett of Laurens:
House Bill No. 157. A bi!' to be entitled an Act providing for the auditjng of claims against the Highway Department, and approval of such claims

THURSDAY, FEBRUARY 13, 1941

243

for payment .by the Highway Chairman, Governor, and State Auditor; and for other purposes.
By Messrs. Lester, Harris, and Jones of Richmond: House Bill No. 336. A bill to be enitled an Act to amend the charter
of the City of Augusta, so as to provide for a Commissioner of Public Safety; and for other purposes.
By Messrs. Lester, Harris, and Jones of Richmond: House Bill No. 337. A bill to be entitled an Act to amend the charter
of the City of Augusta, so as to provide that the tenure Act shall apply to the City Attorney; and for other purposes.
By Messrs. Lester, Harris, and Jones of Richmond: House Bill No. 338. A bill to be entitled an Act to amend the Act
creating a Civil Service Commission for the City of Augusta so as to provide that no disability incmTed in line of duty shall prevent promotions; and for tther purposes.
By Messrs. Goddard and Swint of Spalding: House Bill No. 359. A bill to be entitled an Act to repeal the charter
of the City of Griffin by repealing the Griffin Retirement Pensions Act; and for other purposes.
By Messrs. Simmons and Mills of Decatur: House Bill No. 361. A bill to be entitled an Act to authorize the City
of Bainbridge to pass certain zoning and planning laws, and for other purposes.
By Mr. Goddard of Spalding: House Bill No. 362. A bill to be entitled an Act to amend an Act approved
July 21, granting and amending the Charter of the City of Q.riffin, and for other purposes.
By Mr. Walker of Grady: House Bill No. 365. A bill to be entitled an Act to amend the charter
of the City of Cairo; to authorize the City of Cairo to condemn private property for public use; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 367. A bill to be entitled an Act to amend the City Charter
of A-bbeville; and for other purposes.
By Mrs. Mankin of Fulton: House Resolution No. 11-20A. A resolution to relieve George Macris
from payment on surety bond upon payment of accrued cost, and for other purposes.
By Messrs. Vickers of Coffee and Wells of Telfair: :flouse Resolution No. 27-107D. A resolution to propose that the bridge

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JOURNAL OF THE SENATE,

which spans the Ocmulgee River between the Counties of Coffee and Telfair is to be hereafter known as the Milhollin Memorial Bridge.
By Senator Hill of the 36th: Senate Bill No. 38. A biil to repeal an Act establishing the City Court
of Greenville approved March 24, 1939; and for other purposes.
The House has passed as amended the following bill of the Senate:
By Senator Almand of the 27th: Senate Bill No. 23. A bill to provide that any person 1who shall desecrate
the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the penitentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidence; and for other purposes.
Senator E-denfield of the 4th asked unanimous consent that the following :be set as the order of business for today immediately after 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. Consideration of Senate bills with House amendments.
5. Unfinished business.
6. Special orders and orders of the day.
7. Reading House bills the first time for reference.
8. Putting on passage local bills and resolutions.
9. Reading for third time general bills ready for passage.
The consent was granted.
The following bills were introduced, read the first time, and referred to committees:
By Senator Sumner of the lOth: Senate Bill No. 108. A bill to amend an Act approved March 12, 1935,
entitled "An Act to amend the Act entitled 'An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; to fix and prescribe their jurisdiction, powers and duties; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Campbell of the 34th: Senate Bill No. 109. A bill to authorize the sheriff of Newton County

THURSDAY, FEBRUARY 13, 1941

245

to hold the office of county police; to empower and authorize the County Commissioners of said county to appoint the sheriff of said county or his rleputy to the office of county police, to fix his salary; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Harrison of the 23rd: Senate Bill No. 110. A bill to amend Section 24-2713 of the Georgia Code
of 1933 relating to the bond required of Clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Franklin of the 38th: Senate Bill No. 111. A bill to amend Section 88-301 of the Code of
Georgia of 1933 :which provides how the so-called Ellis Health Law as embodied in Chapter 88-3 of said Code may be made operative in any county; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Gross of the 20th: Senate Bill No. 112. 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 counties, cities and <>ther political subdivisions of this State to issue refunding bonds for the purpose of refunding and retiring all or any part of the existing outstanding bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senators Edenfield of the 4th, Foster of the 7th, Clark of the 44th, and Kirkland of the 47th:
Senate Bill No. 113. A bill to amend Section 59-106 of the Code relating to the duties of jury commissioners in revising jury lists and prescribing the number of persons to be drawn for jury duty; and for other purposes.
Referred to Committee on Special Judiciary.
The following resolution was introduced and adopted:
By Senators Redwine of the 26th, and Edwards of the 6th: Senate Resolution No. 31-107A. A resolution inviting Dr. J. Frank Norris
of Fort \Vorth, Texas, and Detroit, Michigan, to address a joint session of the State Senate and House of Representatives.
Mr. Drake of the 8th 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 Chair-

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man, to report the same back to the Senate with the follo1wing recommendations:

House Bill No. 196. Do pass.

House Bill No. 197. Do pass.

Respectfully submitted, Drake of 8th district, chairman.

Minority report on House Bill No. 196:

In Senate Committee on Counties and County Matters, we, the undersigned members of Senate Committee on Counties and County Matters, recommend that House Bill No. 196 do not pass.

Respectfully submitted, Edwards of 6th district, Park of 19th district, and Smith of 35th district.

Yrinority report on House Bill No. 197:

In Senate Committee on Counties and County Matters, we, the members on Counties and County Matters, recommend that House Bill No. 197 do not pass.

Respectfully submitted, Edwards of 6th district, Park of 19th district, and Smith of 35th district.

Mr. Garner of the 47th District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. Ptesident:

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 recommendations:

House Bill No. 22. Do pass.

Respectfully submitted, Garner of 47th district, chairman.

Mr. Houston of the 51st 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 recommendations:

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Senate Bill No. 100. Do pass.
Respectfully submitted, Houston of 51st district, chairman.
Mrs. Coxon of the 2nd District, Chairman of the Committee on Education and Public Schools No. 2, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools 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. 102. Do pass. Senate Bill No. 87. Do pass.
Respectfully submitted, Coxon of 2nd district, chairman.
Dr. Coker of the 39th 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 repo1t the same back to the Senate with the following recommendations:
Senate Bill No. 83. Do pass.
Respectfully submitted, Drake of 39th district, chairman.
The following privileged resolutions were read and adopted:
By Senator Drake of the 8th: A resolution extending the privileges of the floor to the Ron. Roy LeCra:w,
Mayor of Atlanta.
By Senator Park of the 19th: A resolution extending the privileges of the floor to the Hon. J. B. Jack-
son, a former member of the Senate and present Judge of the Ocmulgee Circuit.
By Senator 'Lanier of the 18th and Senator Clark of the 44th: A resolution requesting the President of the Senate to present to the
members his two beautiful and talented daughters, now students at Randolph Macon, who are visitors in the Senate Chamber.
A RESOLUTION
By Senator Drake of the 8th, and others:

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Senate Resolution No. 33-109A.
Whereas, it has been brought to the attention of the State Senate through Senate Bill No. 78, introduced in the Senate by Senator H. B. Edwards of the 6th Senatorial District, that carpenters, painters, plumbers and other workers are being charged excessive fees and or excessive charges for the right to work on Government emergency camps in Georgia, and
Whereas, this condition has been brought to our attention by the Press of the State, and
Whereas, it appears from reports that there are now carpenters, electricians, and other w.ork-ers in Georgia who are refused the right to work on Government emergeney projects,
Therefore, be it resolved by the State Senate that a copy of this resolution be sent to Senator Walter F. George and Senator Richard B. Russell, and to each member of Congress from Georgia, requesting the Senators and Congressmen from Georgia to investigate this condition and determine the cause refraining workers from the right to work on Government emergency camps in Georgia, and the cause or authority for charging fees and excessive charges for the privilege to work.
By Senator Fortson of the 50th: A RESOLUTION
Whereas, our capable and efficient Secretary has provided members of i.he Senate with individual stationery imprinted with the name, home. address and committee assignments of each Senator, and
Whereas, such individual stationery gives a more personal touch to our letters and is a decided improvement over the plain impersonal stationery used heretofore, and
Whereas, the members of the Senate appreciate this thoughtful gesture on the part of our genial Secretary, as well as the many other courtesies and favors extended to us by the Assistant-Secretary, his office force, and attaches of lhe Senate,
New therefore be it resolved, that twe highly commend our Secretary for the efficient and friendly manner in which his office is being conducted in expediting the business of the Senate, and that we extend to each of his assistants and to his clerical force our warmest thanks for the many courtesie~ shown members of this body.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Whaley of the 45th: Senate Bill No. 83. A bill to amend an Act entitled "Highway Mileage",
as the same appears in the Acts of the Georgia Legislature of 1929, said Act being known as the Traylor-Neill Bill, so as to add to map a cettain public

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249

road in the counties of Telfair, Dodge and Laurens; and for other purposes.
By Senator Hill of the 36th: Senate Bill No. 87. A bill to amend Section 4 of an act approved February
10, 1937, creating the State Board of Education, defining its powers, duties; and for other purposes.
By Senator Drake of the 8th: Senate Bill No. 100. A bill to amend Section 47-107 of the Code relat-
ing: to the per diem and mileage of members of the General Assembly by providing for the payment of $3.00 per day as subsistance; and for other purposes.
By Senator Drake of the 8th: Senate Bill No. 102. A bill to amend Section 32-944 of the Code author-
izing tax levying authorities and county board of education to levy taxes for extension work in agriculture and home economics; and for other purposes.
By Mrs. Mankin of Fulton and Messrs. Wethersbee, Sabados of Dougherty, Greene of Jones, Clements of Calhoun, Ferguson of Sumter, Goddard of Spalding, Roughton of Washington, Jones of Worth, Dallas of Troup and Anglin of Stewart:
House Bill No. 22. A bill to amend Part III "Rules and Regulations governing all elections" of the Code, so as to provide for a secret ballot; and for other purposes.
By Mr. Gaston of Butts: House Bill No. 196. A bill to repeal the Act creating the Board of Com-
missioners of Roads and Revenues for Butts County; and for other purposes.
By Mr. Gaston of Butts: House Bill No. 197. A bill to create a Board of Commissioners of Roads
and Revenues for Butts County; and for other purposes.
At this time Senator Couch of the 52nd took the chair.
Senator Edwards of the 6th arose to a point of personal privilege and addressed the Senate.
At this time Senator Coker of the 39th took the chair.
The following privileged resolution was read and adopted:
By Senator Lanier of the 18th: Senate Resolution No. 32-108A. A RESOLUTION Whereas, it has this morning been stated, on the floor of this Senate, by
the Senator from the 6'th, that he had received by mail, a threat to take his life by shooting him.
\Vhereas, such threat arises as a result of said Senator's efforts for a

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Resolution he introduced and is now supporting,
Be it resolved, that three Senators of this Body be appointed to see that all proper and necessary action, of a legal nature, or within the po;~ver of this Senate, be taken to see that such pe:son or persons making the threat against said Senator be brought to justice,
The following bills of the Senate were taken up for the purpose of considering amendments offered by the House:
By Senators Redwine of the 26th, Whaley of the 45th, and others: Senate Bill No. 6. A bill to regulate the granting of paroles and con-
ditional pardons to persons convicted of violations of the penal laws and the discharge of prisoners from the penal institutions of the State; and for other purposes.
The House offered the following amendment:
By Messrs. Evans of McDuffie, Culpepper of Fayette, Elliott of Muscogee, Blease of Brooks and Drinkard of Lincoln; move to amend Senate Bill No. 6, as follows:
By inserting in caption of said bill before the words, "repeals conflicting lruws", the following words, "to provide the manner of electing a chairman and vice-chairman of the State Prison and Parole Commission."
Amends further by striking from Section 1 the following words, "any action of the State Prison and Parole Commission with reference to any parole, probation or pardon shall not be effective unless and until such action is approved by the Governor, and no prisoner shall be released upon parole, probation or pardon unless and until the record in the said case shows that his or her prison record was satisfactory", and inserting in lieu thereof, the following, "any action of the State Prison and Parole Commission with reference to any parole, probation or pardon shall be effective only if approved by a majority of the Board and the Governor, and no prisoner shall be released upon parole unless or until the record in the said case shows that his prison record was satisfactory."
Amends further, by adding a new section at the end of Section 4 to be numbered and to read as follows:
"Section 4A. That from and after the approval of this act, the State Prison and Parole Commission shall elect one of its members chairman and one vice-chairman, and their election or appointment shall not be required to be confirmed by the Senate. Such appointment shall be with the approval of the Governor, and the persons so elected shall serve as chairman and vicechairman respectively, for the period of one year from the time of said appointment; and at the expiration of one year and at the expiration of each year thereafter, another appointment shall be made in the way and manner hereinbefore provided, with the approval of the Governor.
Senator Redwine of the 26th offered the following amendment to the

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House amendment:
Senator Redwine of the 26th moves to amend the House amendment to Senate Bill No. G by striking said amendment in its entirety and substituting in lieu thereof the following:
By inserting in the Caption of said Bill, before the words "to repeal conflicting laws," the following words:
"To provide for the appointment of a Chairman of the State Prison and Parole Commission and to fix his term; to provide for the appointment and removal of wardens and guards; to provide rules and regulations for the governing of convicts and convict camps;" and by adding at the end of Section 4 of said Bill the following:
"The Governor shall appoint one member of the Prison and Parole Commission as Chairman for a term of one year or until his successor is appointed. The said Prison and Parole Commission shall have authority, with the approval of the Governor, to employ and discharge wardens and guards for proper cause shawn, and to make rules and regulations governing the convicts and convict camps of said State."
The amendment to the amendment was adopted.
Senator Redwine of the 26th moved to concur in the House amendment to Senate Bill No. 6 as amended, and the motion prevailed.
By Senator Almand of the 27th: Senate Bill No. 23. A bill to provide that any person who shall desecrate
the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the penitentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidence; and for other purposes.
The House offered the following amendment:
Mr. Weaver of Bibb moves to amend Senate Bill No. 23 by adding the following words at the end of Section 1 thereof:
"Provided nevertheless, the prov1s1ons of this Act shall not apply to persons excavating Indian Mounds or burial places of the aborigines of this country in the interest of the science of archaeology or related sciences, and provided it shall have no application to disinterments under court order in connection with court proceedings or post mortems," and to amend the caption accordingly.
Senator Almand of the 27th moved to concur in the House amendment, and the motion prevailed.
Under the order of unfinished business, the follo,wing bill of the Senate was taken up for consideration.

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By Senator Wall of the 28th: Senate Bill No. 65. A bill to regulate attachments for contempt in judg-
ments and decrees for permanent alimony in cases of total divorce; and for other purposes.
Senator Wall of the 28th moved to table the bill.
On the motion to table, the ayes were 33, nays 0, and the motion prevailed.
At this time Senator Campbell of the 34th took the chair.
Under the order of special orders and orders of the day, the following: bill of the Senate was taken up for consideration:
By Senator Park of the 19th: Senate Bill No. 18. A bill to require all persons having certain claims
against the State of Georgia to have the State Auditor to approve them before payment; and for other purposes.
The committee offered the following substitute, which was adopted:
By Senator Park of the 19th: Committee Substitute for Senate Bill No. 18. An Act to regulate the
financial operations of the State, to provide by fixed allowance for travel, transportation, food and lodging, to provide a limit to the allo1wance made for the expenses of the mansion, to provide for the liability of public officials in the event of expenditure of funds unauthorized, to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows:
Section 1. That on or after the passage of this Act, no agency of the State is authorized to expend, obligate or in any way to dispose of the State's funds or credit unless same has been previously approved by the Budget Bureau in writing and the same shall not be expended except in accordance with the items set out in the approved budget.
Any obligations made against the State are null and void unless same are within the funds set up in the budget and bearing the approval of the Director of the Budget or the Assistant Director of the Budget in writing.
Section 2. Immediately after the passage of this Act, each State agency shall designate in the agency some person experienced in dealing with the finances of the agency a budget officer 1whose duty it shall be to set up and maintain a ledger showing the budget amounts for each object by class as approved by the Budget Bureau. It shall be the duty of all State officials and employees of each State agency to submit to the designated budget officer in their respective agency any and all changes in salary rates, additional employment, persons released from employment and any other proposed obligation to be made against the State whether by purchase, contract or otherwise,

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253

prior to incurring of the obligation. The budget officer shall immediately charge said amount or amounts against each item as allowed on the approved budget; if same is not in accordance with the items on approved budget, he shall immediately notify the respective agency head of same. The agency head shall either request the Budget Bureau for an amendment to the budget or direct the budget officer to cancel the item.
At the same time that the agency head is notified of the items not in accordance with the budget, the Budget officer is hereby directed to send two copies of such notification to the State Auditor, who shall, in his discretion, request the agency head not to approve the said item if same is determined not to be for legitimate expenses of the agency.
Section 3. The disbursing officer or officers of any State agency are not authorized to make expenditure for any obligation of the agency unless the obligation has been validated by the budget officer signifying that same has been approved as being in line rwith the approved budget items, the item has been charged against and is within the amount previously approved on the budget.
Section 4. Before a monthly requisition for funds on the approved budget shall be honored by the State Auditor, it shall be necessary, after the passage of this Act, to attach to the requisition the budget accounting form to be furnished by the Budget Bureau requiring a list of the amount of expenditures for the month, amount of expenditures for quarter and the obligations due at end of each month and any other detail information that the State Auditor may require.
Section 5 (a). That immediately after the passage of the Act, all employees of the State shall have an assigned base point, registered and approved by the employing State agency.
These base points shall be determined by the nature of the duties of the employee and for the purpose of the greatest economy and the least cost. No travel cost is allowable in the employee's base city except in a few instances where the nature of the duties of the employee has required it and each such case shall have special budget listing and approval.
(b). An allowance of four cents per mile for all forms of transportation to and from base point is hereby enacted, as the amount to cover all forms of transportation and all expenses incidental thereto.
(c). An allowance of two dollars per day for all food costs while traveling in the services of the State is hereby enacted.
(d). An allorwance of two dollars per day for lodging and any expense incident thereto is hereby enacted.
(e). No other or different travel expense items shall be allowed other than the amounts set out in the subsection (a), (b), (c), and (d), except in the event an emergency should arise and such emergency shall bear the approval

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of the Budget Bureau prior to incurring of the expense.
Section 6. Immediately after passage of this Act, an allowance shall be made not in excess of seventy-five dollars weekly for the operation of the Mansion, exclusive of heat, lights, power, water, repairs and other necessary household furnishings.
Section 7. All board members or financial officials, elective or appointive, who are agency heads, shall give surety bond payable to the State of Georgia in an amount not less than ten thousand dollars and upon execution of same, the bond shall be filed in the office of the State Auditor. The State Auditor is hereby directed to notify the Attorney General of the State of Georgia and the principal of said surety of the amount or amounts of any obligations contracted by a State agency in excess of the amount approved on the budget.
Section 8. Be it enacted that all laws or parts of laws in conflict 1with 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, was agreed to.
On the passage of the bill, the ayes were 26, nays 6.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Park of the 19th gave notice that at the proper time he would move to reconsider the action of the Senate in failing to pass Senate Bill No. 18.
Senator McGehee of the 25th asked leave of absence until Monday of next week due to important business, and the leave was granted.
The confirmation of yesterday's Journal went over as unfinished business.
Senator Dorsey of the 32nd moved that the Senate do now adjourn, and the motion prevailed.
Senator Campbell of the 34th, acting for the President, announced the Senate adjourned until tomorrow morning at 10 o'clock.

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255

Senate Chamber, Atlanta, Georgia,
Friday, February 14, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by Dr. Wallace Rogers, District Superintendent of the West Atlanta District of the Methodist Church.
By unanimous consent, the call of the roll 'was dispensed with.
Senator Pilcher of the 7th, a member 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.
Senator Park of the 19th moved that the Senate reconsider its action in failing to pass the following bill of the Senate:
By Senator Park of the 19th: Senate Bill No. 18. A bill to require all persons having certain claims
against the State of Georgia to have the State Auditor to approve them before payment; and for other purposes.
On the motion to reconsider, the ayes were 23, nays 7, and the motion prevailed.
Senator Coxon of the 2nd moved that the Journal of February 12, 1941, be confirmed.
Senator Edwards of the 6th objected.
Senator Coxon of the 2nd withdrew the motion, and the confirmation of the Journal of February 12, 1941, was deferred.
The Journal of yesterday's proceedings was confirmed.
Senator Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:
By Senator Edenfield of the 4th: Senate Bill No. 114. A bill to declare the contracting for, charging or
collecting usury in violation of the criminal statutes of this State to be a public nuisance and to provide for the prevention and abatement thereof; and for other purposes.
Referred to Committee on General Judiciary No. 2,
By Senator Park of the 19th:

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Senate Bill No. 115'. A bill to amend Section 88-1208 of the Georgia Code of 1933 relating to the preservation by the State Board of Health of certificates of births, and deaths, indexing the same, and furnishing information to the registrars as to diseases, by providing that the State Board of Health shall furnish a copy of the birth certificate within a reasonable time; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Dorsey of the 32nd: Senate Bill No. 116. A bill to provide sheriffs' fees for the official duties
performed by them in connection with summoning jury panels; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Harrison of the 23rd: Senate Bill No. 117. A bill to reduce the bond of the Clerk of the Superior
Court of Crawford County from $3,000.00 to $1,000.00; and for other purposes. Referred to Committee on Counties and County Matters.
By Senators Milhollin of the 46th, and Houston of the 51st: Senate Bill No. 118. A bill to regulate the labeling, sale, and offering or
exposing for sale, of agricultural, vegetable and certain forest tree seeds; to prevent misrepresentation thereof; to repeal all laws in conflict with this Act; and for other purposes.
Referred to Committee on Agriculture.
By Senator Coker of the 39th: Senate Bill No. 119. A bill to prohibit any person licensed to practice
medicine, or dentistry, or osteopathy, or chiropractic, or chiropody, or optometry, or pharmacy from using before his name the prefix "Dr." or "Doctor" on letterheads, signs, etc.; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Wall of the 28th: Senate Bill No. 120. A bill to amend Section 84-911 of the Georgia Code
of 1933 relating to the preliminary educational requirements for admission to medical schools or colleges by changing the said requirements; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Campbell of the 34th: Senate Bill No. 121. A bill to amend an Act to abolish the offices of Tax
Receiver and Tax Collector of Dekalb County; to fix the term and compensation of said officer; and fo.r other purposes.
Referred to Committee on Counties and County Matters.
By Senators Campbell of the 34th, and Couch of the 52nd: Senate Bill No. 122. A bill to amend Section 26-6301 of the Code of

FRIDAY, FEBRUARY 14, 1941

257

1933 so as to include possession, lending or transportation of any indecent or obscene pictures or literature or articles of indecent and obscene use; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Drake of the 8th: Senate Resolution No. 35-119A. A resolution requesting that Senate
Bill No. 100 be placed at the head of the calendar and be made the special order of business for Tuesday morning, February 18, 1941; and for other purposes.
Referred to Committee on Rules.
The following resolution was introduced and ordered to lay on the table one day:
By Senators Burnside of the 29th, Edenfield of the 4th, Kirkland of the 49th, and Clark of the 44th:
Senate Resolution No. 34-117 A. A resolution to appoint a committee of five, three from the House of Representatives, and two from the Senate to study the Jaws and forms of taxations adopted by other Southern states, and to report to the next session of the General Assembly of Georgia.
The following privileged resolutions were read and adopted:
By Senators Canr;on of the 40th and Hamilton of the 42nd: A resolution extending the privileges of the floor to Mrs. G. N. Coker,
wife of the distinguished Senator from the 39th. By Senators Cannon of the 40th, Clark of the 44th, Drake of the 8th, Pilcher of the 7th, Coxon of the 2nd, and Campbell of the 34th:
A resolution extending the appreciation of the Senate for the kindness and consideration shotwn during the 1941 session by the Hon. Fred McDuffie, Mes~enger of the Senate.
Mr. Steed of the 43rd 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 SeYJate with the following recommendations:
House Bill No. 65. Do pass.
House Bill No. 245. Do pass.
House Bill No. 254. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amend-

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ments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the follo:wing 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. 112. Do pass by substitute.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Drake of the 8th 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. 131. Do pass.
House Bill No. 132. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Minority report of Committee on Counties and County Matters:
We, the undersigned members of the Committee on Counties and County Matters, file this their minority report to House Bill No. 132. Recommend same do not pass.
Respectfully submitted, Edwards of 6th district, Park of 19th district, and Smith of 35th district.
Minority report of Committee on Counties and County Matters:
We, the undersigned members of the Committee on Counties and County Matters, file this our minority report and recommend that House Bill No. 131 do not pass.
Respectfully submitted, Edwards of 6th district, Park of 19th district, and Smith of 35th district.
Mr. Edwards of the 6th Distti~t, Chairman of the Committee on Education

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259

and Public Schools No. 1, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools No. 1 have had under considertion the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the foiio,wing recommendations:
Senate Bill No. 98. Do pass.
Respectfully submitted, Edwards of 6th district, chairman.
Mr. Bargeron of the 17th District, 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 77. Do pass.
Respectfully submitted, Bargeron of 17th district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on EngTossing have read and examined the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct a'1d ready for transmission to the House:
Senate Bill No. 59.
Senate Bill No. 60.
Senate Bill No. 61.
Senate Bill No. 64.
Senate Resolution No. 30-1 03A.
Senate Resolution No. 31-107 A.
Respectfuily submitted, Hill of 36th district, chairman.
:vir. W. K. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the follo:wing report:

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~r. President:
Your Committee on Amendments to the Constitution have had under consideration the following Resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate wit!1 the following recommendations:
Senate Resolution No. 17. Do pass by substitute.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Milhollin of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 73. Do pass.
Senate Bill No. 101. Do pass.
Respectfully submitted, Milhollin of 46th district, chairman.
Mr. Rowland of the 16th District, Chairma!l of the Committee on Enrollment, submitted the follo.wing report:
Mr. President:
Your Committee on Enrollment have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 7.
Senate Bill No. 23.
Senate Bill No. 38.
Respectfully submitted, Rowland of 16th district, chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Messrs. Atkinson, McNall and Grayson of Chatham:

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261

House Bill No. 313. A bill to be entitled an Act to authorize Commissio'1ers of Chatham County and pension board to pension and retire County employees, and for other purposes.
By Messrs. Smith and Roughton of Washington: House Bill No. 314. A bill to be entitled an Act to regulate the holding
of primary elections for the selection of candidates for the place of representatives to the General Assembly from Washington County; to provide for designation by ca'1didates at such primaries of the place for which they seek nomination; and for other purposes.
By :vir. Dalton of Banks: House Bill No. 320. A bill to be entitled an Act to amend an Act creat-
ing the Board of Commissioners of Banks County, and for other purposes.
By Mr. Wells of Clayton: House Bill No. 322. A bill to be e!1titled an Act to abolish the office of
Tax Collector of Clayton, and to create the office of Tax Commissioner of said County, and for other purposes.
By Messrs. Williams and Hardy of Jackson: House Bill No. 323. A bill to be entitled an Act 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 Jackson County, and for other purposes.
By Mr. Bradbury of Oconee: House Bill No. 330. A bill to be entitled an Act to reduce the official
bond of the Sheriff of Oconee County, and for other purposes.
By ~1r. Goddard of Spalding: House Bill No. 333. A bill to be entitled an Act to amend an Act en-
titled a1 Act to establish the City Court of Griffin, so as to change the term of office of the Solicitor of said court from two to four years, and for other purposes.
By Mr. Goddard of Spalding: House Bill No. 334. A bill to be entitled an Act to authorize the Board
of Commissioners of Roads and Revenues of Spalding County to create and establish restricted zones or districts by vesting said Board with the authority to pass zoning and planning laws for said county and to enforce the same, to repeal all conflicting laws, and for other purposes.
By Messrs. Kea and Lovett of Laurens: House Bill No. 34 7. A bill to be entitled an Act to govern the collection
of costs, fines and forfeitures in the City Court of Dublin, and for other purposes.
By Mr. Rowland of Johnson:

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House Bill No. 348. A bill to be entitled an Act to amend an Act entitled an Act to establish the City Court of Wrightsville, to provide for the election of Judge and Solicitor, to provide for salaries, and for other purposes.
By Mr. Kea of Laurens: House Bill No. 350. A bill to be entitled an Aet to amend an Act ap-
proved August 17, 1911, with reference to the Board of Commissioners of Roads and Revenue of Laurens County, and for other purposes.
By Mr. Dyal of Appling: House Bill No. 37 4. A bill to be entitled an Act to abolish the office of
Tax Collector and Tax Receiver of Appling County, to create the office of County Tax Commissioner of Appling County, and for other purposes.
By Messrs. Kendrick and Etheridge, and :\irs. Mankin of Fulton: House Bill No. 382. A bill to be entitled an Act to amend an Act to
establish a new charter for the City of Atlanta, and for other purposes.
By Mr. Kendrick and Mrs. Mankin of Fulton: House Bill No. 383. A bill to be entitled an Act to permit certain out-
door amusements between one and six p.m., Central Standard Time, in the City of Atlanta, and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 384. A bill to be entitled an Act to amend an Act in-
corporating the City of Manchester to provide for incorporating same under the name of College Park, and for other purposes.
By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: House Bill No. 385. A bill to be entitled an Act to amend the charter for
the City of Atlanta, approved February 28, 1874, and the several acts amendat'"ry thereof, and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 386. A bill to be entitled an Act to amend the Act es-
tablishing a ne:w charter for the City of Atlanta, and the several Acts amendatnry thereof, and for other purposes.
By Messrs. Kendrick and Etheridge, and Mrs. Mankin of Fulton: House Bill No. 387. A bill to be entitled an Act to amend an Act estab-
lishing the City of Atlanta, so as to restrict the power of Mayor and Council in fixing salaries of certain officers and employees.
By Mrs. Mankin, ::vlessrs. Kendrick and Etheridge of Fulton: House Bill No .388. A bill to be entitled an Act to amend an Act estab-
lishing a new charter for the City of Atlanta, and the several acts amendatory thereof, so as to extend the territorial limits of said City of Atlanta, and for other purposes.

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263

By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 389. A bill to be entitled an Act to amend an Act estab-
lishing a new charter for the City of Atlanta, and the several acts amendatory thereof, and for other purposes.
By Mr. Rich of Union: House Bill No. 397. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for the County of Union and for other purposes.
By Mr. Yawn and Jones of Dodge: House Bill No. 398. A bill to be entitled an Act to amend an Act cre-
ating and establishing the office of Commissioner of Roads and Revenues in and for the County of Dodge, and for other purposes.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 401. A bill to be entitled an Act to amend the charter
of the City of Statesboro and the several acts amendatory thereof, incorporating the Mayor and Councilman of the City of Statesboro, relating to and supplementary thereof, and for other purposes.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 405. A bill to be entitled an Act to amend the charter
of the City of Moultrie, and to fix the 1ights and duties of the Mayor and City Manager of said city; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed as amended by the r.equisite constitutional majority the following bills of the Senate, to~wit:
By Senator Drake of the 8th: Senate Bill No. 71. A bill to be entitled an Act to amend an Act establish-
ing a City Court in and for the County of Miller, and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
By Mr. Lovett of Laurens: House Bill No. 157. A bill providing for the auditing of claims against
the Highway Department, and approval of such claims for payment by the Highway Chairman, Governor and State Auditor; and for other purposes.
Re:erred to Committee on State of Republic.
By Messrs. Atkinson, McNall and Grayson of Chatham: House Bill No. 313. A bill to authorize Commissioners of Chatham
County and Pension Board to pension and retire Cou~ty employees; and f.or

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other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Smith and Roughton of Washington: House Bill No. 314. A bill to regulate the holding of primary elections
for the selection of candidates for the place of representative to the General Assembly from Washington County; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Dalton of Banks: House Bill No. 320. A bill to amend an Act creating the Board of Com-
missioners of Banks County; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Wells of Clayton: House Bill No. 322. A bill to abolish the office of Tax Collector of
Clayton, and to create the office of County Tax Commissioner of said County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Williams and Hardy of Jackson: House Bill No. 323. A bill til 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 Jackson County; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Bradbury of Oconee: House Bill No. 330. A bill to reduce the official bond of the Sheriff
of Oconee County; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Goddard of Spalding: House Bill No. 333. A bill to amend an Act to abolish the City Court
of Griffin, so as to change the term of office of the Solicitor from two to four years; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Goddard of Spalding: House Bill No. 334. A bill to authorize the Board of Commissioners of
Roads and Revenues of Spalding County to create and establish restricted zones or districts by vesting said Board with the authority to pass zoning and planning lwws; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 336. A bill to amend the charter of the City of Augusta,
so as to provide for a Commissioner of Public Safety; and for other purposes.

FRIDAY, FEBRUARY 14, 1941

265

Referred to Committee on Counties and County Matters.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 337. A bill to amend the charter of the City of Augusta,
so as to provide that the tenure Act shall apply to the City Attorney; and for other purposes.
Referred to Committee on Counties a:d County :Watters.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 338. A bill to amend the Act creating a Civil Service
Commission for the City of Aug-usta S'> as to provide that no disability incurred in line of duty shall prevent promotions; and for other purposes.
Referred to Committee on Counties and County Matters.
By :vressrs. Kea and Lovett of Laurens: House Bill No. ~47. A bill g-overning the collection of costs, fines and
forfeitures in the City Court of Dublin; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Rowland of Johnson: House Bill No. 348. A bill to amend an Act to establish the City Court
of Wrightsville, to provide for the election of Judge and Solicitor; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Kea of Laurens: House Bill No. 350. A bill to amend an Act approved Aug-ust 17, 1911,
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 Messrs. Goddard and Swint of Spalding-: House Bill No. 359. A bill to amend the charter of the City of Griffin;
and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Simmons and Mills of Decatur: House Bill No. 361. A bill to authorize the City of Bainbridge to pass
certain zoning and planning laws; and for other purposes. Referred to Committee on Municipal Government.
By :\ir. Goddard of Spalding-: House Bill No. 362. A bill to amend an Act approved July 21, 1921,
granting and amending the charter of the City of Griffin; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Walker of Grady:

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Hou'-e Bill No. 365. A bill to amend the charter of the City of Cairo, to authorize the City to condemn private property for public use; and for other purposes.
Referred to Committee on Municipal Government.
By Dr. Witherington of Wilcox: House Bill No. 367. A bill to amend the city charter of Abbeville; and
for other purposes. Referred to Committee on Municipal Gover!'lment.
By Mr. Dyal of Appling: House Bill No. 37 4. A bill to abolish the office of Tax Receiver and
Tax Collector of Appling County; and for ot}ler purposes. Referred to Committee on Counties and County Matters.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: House Bill No. 382. A bill to amend an Act establishing a new charter
for the City of Atlanta; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Kendrick and Mrs,- Mankin of Fulton: House Bill No. 383. A bill to permit certain outdoor amusements be-
tween one and six p.m., Central Standard Time, in the City of Atlanta; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 384. A bill to amend an Act incorporating the City of
Manchester to provide for incorporating same under the name of College Park; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: House Bill No. 385. A bill to amend the 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 Mrs. :\1ankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 386. A bill to amend an Act establishing a new charter
for the City of Atlanta, approved February 28, 187 4, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.
By ~irs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 387. A bill to amend an Act establishing a new charter
for the City of Atlanta, approved February 28, 1874, and the several Acts

FRIDAY, FEBRUARY 14, 1941

267

amendatory thereof; and for other purposes. Referred to Committee on Municipal Government.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 388. A bill to amend an Act establishing a n0w charter
for the City of Atlanta, and the several acts amendatory thereof, so as to extend the territorial limits; and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. :.VIankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 389. 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.
By Mr. Rich of Union: House Bill No. 397. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Union; and for other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Yawn and Jones of Dodge: House Bill No. 398. A bill to amend an Act creating and establishing the
office of Commissioner of Roads and Revenues in and for the County of Dodge; and for other purposes.
Referred to Committee on CouYlties and County Matters.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 401. A bill to amend the charter of the City of States-
boro and the several acts amendatory thereof, incorporating the Mayor and Councilmen; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 405. A bill to amend the charter of the City of Moultrie,
and to fix the rights and duties of the :vrayor and City Manager; and for other purposes.
Referred to Committee on Municipal Government.
By Mrs. Mankin of Fulton: House Resolution No. 11-20A. A resolution to relieve George Macris
from payment on surety bond upon payment of accrued costs; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Vickers of Coffee and Wells of Telfair: House Resolution No. 27-107D. A resolution to propose that the bridge

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which spans the Ocmulgee River between the counties of Coffee and Telfair, is to be hereafter known as the Milhollin Memorial Bridge; and for other purposes.
Referred to Committee on Highways and Public Roads.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senators Edwards of the 6th and Sum!'!er of the 1Oth: Senate Bill No. 73. A bill to amend "The Entomology Act of 1937",
establishing a State Department of Entomology, defining its powers, duties and functions; and for other purposes.
By Senator Fortson of the 50th: Senate Bill No. 77. A bill to authorize the housing authorities to under-
take the development of administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities; and for other purposes.
By Senator Redwine of the 26th: Senate Bill No. 98. A bill to amend Section 4 of an Act approved Feb-
ruary 10, 1937, creating the State Board of Education, definic1g its powers, duties, so as to permit the State Board of Education to accept gifts, donations, and bequests of real and personal property and administer the same for the benefit of the common schools of Georgia; and for other purposes.
By Senator Drake of the 8th: Senate Bill No. 101. A bill to amer:d Section 32-2205 of the Code relat-
ing to the employment of agricultural teachers, by enlarging the scope of said Sectio!l; and for other purposes.
By Senator Gross of the 20th: Senate Bill No. 112. A bill to propose to the qualified voters of Geor-
gia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize counties, cities and other political subdivisions of this State to issue refunding bonds for the purpose of refunding and retiring all or any part of the existi!lg, outstanding bonded indebtedness; and for other purposes.
By Senator Fortson of the 50th: Senate Resolution No. 17. A resolution proposing to the qualified voters
of the State of Georgia for ratification or rejection, an amendment to Article 5, Section 1 of the Constitution a limitation upon the pardoning power of the Governor by providi!,g that the Solicitor General and the Judge of the Court in which the defendant was convicted must recommend the pardon before same can be granted; and for other purposes.
By Mr. Gill of Bryan: House Bill No. 65. A bill to amend the Act creating and establishing the
City Court of Pembroke; and for other purposes.

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269

By Mr. Hogg of Marion: House Bill No. 131. A bill to repeal an act to amend an act creating a
Board of Commissioners of Roads and Revenues of Marion County; and for other purposes.
By .Mr. Hogg of Marion: House Bill No. 132. A bill to create the office of Commissioner of Roads
and Revenues of the County of Marion; and for other purposes.
By Messrs. Graham and Blease of Brooks: Home Bill No. 245. A bill to reduce the official bond of the Sheriff of
Brooks County to two thousand dollars; and for other purposes.
By :.\1r. Hagan of Screven: House Bill No. 254. A bill to provide fo1 the appointment of special
criminal bailiffs in all counties of this State having a population of not more than 20,400 and not less than 20,300 according to the United States Census of 1940, to provide for the removal o:i such bailiffs; and for other purposes.
The following bills and resolutions of the Senate and House were reac! t:1e third time and put upon their passage.
By Senator Coker of the 39th: Senate Bill No. 81. A bill to amend Section 32-904 of the Code of thi:;
State, by providing a per diem not to exceed $6.00 for each day's service of members of the Cou t:: :3oard of Education in all counties of this State having a population of not less than twenty thousand one hundred and twenty or more than twenty thousand one hundred and thirty by the 1940 census; and for otC1er purposes.
The report of 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 Coker of the 39th: Senate Bill No. 82. A bill to amend the charter of the Town of Canton in
the County of Cherokee, creating and establishing the public school system for said Town of Canton; and for other purposes.
The report of 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 \Vhaley of the 45th: Senate Bill No. 83. A bill to amend an Act entitled "Highway Mileage",

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as the same appears in the Acts of the Georgia Legislature of 1929, said Act hereby amended being known as the Traylor-Neill Bill, so as to add to map a certain public road in the counties 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.
By Senator Smith of the 24th: Senate Resolution No. 26'-SOA. A resolution to authorize the Commis-
sioners of Roads and Revenues of Muscogee County, Georgia to pay back salary of Thomas L. Bowden, as Judge of the City Court of Columbus.
The report of the committee, which .was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Price and Hunnicut of Clarke: House Bill No. 84. A bill to require the payment of fees of clerks and
sheriffs of the Superior Court in divorce 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, 1was passed.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 169. A bill to create a Purchasing Department in Fulton
County; and for other purposes.
The committee offered the following substitute, which was adopted:
Senate Substitute to House Bill No. 169.
A BILL An Act to create and establish a Purchasing Department in all counties of this State having a population of two hundred thousand or more by the United States census of 1940 or by a'1y future United States census; to authorize the employment in such counties of a County Purchasing Agent; to fix his bond, compensation and term of office; to define his duties; to provide for the employment by the county authorities of such assistants to the County Purchasing Agent as may be necessary to maintain and carry out the functions of a county purchasing department; to provide for the filling of vacancies in the office hereby created; and for other purposes.

FRIDAY, FEBRUARY 14, 1941

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. There is hereby created in each county i!l this State having a population of two hundred thousand or more according to the United States census of 1940 or any future United States census, a County Purchasing Department, which shall be set up, established and maintained under the jurisdiction of the Board of Commissioners of Roads and Revenues or other county authority.
Section 2. The County Purchasing Department shall be under the direction and supervision of a County Purchasing Agent, who shall be appointed by the Board of Commissioners of Roads and Revenues or other county authority for a term of one year commenci!lg January 1 of the year 1942 and each year thereafter, except that the first appointment shall be made within thirty days after the approval of this Act and shall extend until December 31, 1941.
Section 3. Said County Purchasing Agent shall give a bond in the sum of T:wenty-five Thousand ($25,000) Dollars payable to the Board of Commissioners of Roads and Revenues or other county authority, conditione<:: upon the faithful performance by said official of all duties devolved upon him as such officer and for the faithful accounting to such county authority for all goods, supplies and money that may come into his hands as such and to indemnify and sa\'e such county authority harmless Ior a!ld on account of all of his acts in said position. This bond f.hall be given by said official before entering upon the discharge of his duties and shall be maintained by said officer during his entire term. The premium on said bond shall be paid out of the county treasury.
Sectio!l 4. The compensation of said County Purchasing Agent shall be an annual salary, payable monthly, fixed by the county authority and paid out of the county treasury.
Section 5. The Commissioners of Roads and Revenues of the county or other county authority is also authorized to employ such assistants as may be necessary to maintain and carry out the functions of the county purchasing department and fix their salary and require such assistants to make bond in whatever amount said county authority deems advisable.
Section 6. In the event of a vacancy in the office of County Purchasing Agent, by death, resignation, or otherwise, the said county authority is authorized to appoint a successor to serve as County Purchasing Agent until the expiration of his term of office.
Section 7. Except as otherwise provided in this Act, the County Purchasi'1g Agent shall:
1. Have sole power to purchase and supervise the storage and distribution of all supplies, materials or equipment required by any department office, officer, board, commission or other agency of the county payment for which

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is made from the county treasury, except those required by the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare.
2. Have power to establish and maintain one or more county storehouses, develop and operate therein a uniform, modern system of stores control based upon perpetual inventory, and maintain a sufficient stock of staple commodities on hand to supply the estimated current needs of the agencies for which he is authorized to purchase.
3. Classify all supplies, materials and equipment; adopt as standards the minimum number of qualities, sizes and types of commodities consistent with efficient operation; prepare and submit to said county authority for adoption, and after such adoptioYl promulgate and enforce written specifications for all such standard commodities; and, pending such submission to the county authority and action thereby, adopt tentative specifications.
4. Inspect or supervise the inspection of all deliveries of supplies, materials and equipment and determine their quality, quantity and conformance to specificatio>cs.
5. Keep at all times a record of all purchases made by him and of all emergency purchases made by the agencies for which he is authorized to purchase, as well as the amount paid for each item so purchased, and submit by the tenth day of each month to such county authority an itemized statement of all such purchases and amounts for the next preceding month.
6. Keep and maintain at all times an i'1ventory of all property owned by the county and for that purpose consolidate the inventories furnished by individual county officers pursuant to Section 91-801 of the Georgia Code of 1933.
Section 8. All work or labor to be performed by contract, including the furnishing of materials or supplies incident thereto, shall be obtained by the agency for whose use the same are intended. All other supplies, materials and equipment shall be purchased or procured by the County Purchasing Agent, except those for the use of the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare; provided, that in the event of an emergeYlcy requiring an immediate purchase involving an expenditure of less than one hundred ( $100) dollars, the agency for whose use such supplies, materials or equipment are necessary may purchase them directly under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority, making a report thereof to the County Purchasing Age!~t.
Section 9. rr the several parts of the work or labor to be clone or the
supplies, materials and equipment to be furnished, or both, shall together involve the expenditure of more than five hundred ($500) dollars, such work or labor or supplies, materials or equipment shall be obtained only by contract on public letting founded on sealed bids under such regulations as shall be

FRIDAY, FEBRUARY 14, 1941

273

made by the Board of Commissioners of Roads and Revenues or other county authority, except that in a special case said county authority by a unanimous vote may order otheuwise. The terms of such contracts shall be settled by the county attorney as an act of preliminary specifications to a proposal for bids. The agency letting the contract may reject all bids if it shall deem it for the interest of the county so to do; if not, it shall, without other consent or approval, award the contract to the lowest responsible bidder, unless the Board of Commissioners of Roads and Revenues or other county authority by a unanimous vote shall determine that in the public interest a bid other than that of the lowest responsible bidder should be accepted. The bi_ds shall be decided by the agency letting the contract. Wherever a contract is awarded to another than the lowest bidder, except by action of said county authority, the agency awarding the same shall file in its office and with said county authority a statement in detail of the reasons therefor. No bid shall be valid unless accompanied by a deposit in the amount and manner set forth and specified in the proposal. Upon the aJward of the contract the deposits of unsuccessful bidders shall be returned to them, and the deposit of the succesful bidder shall be returned to him upon his executing the contract and furnishing the required security, the adequacy and sufficiency of which shall be approved by the county attorney. Every proposal for bids shall contain a provision that in the event of the failure of the bidder to execute the contract and furnish the required security within five days after notice of the award of the contract to him, his deposit or so much thereof as shall be applicable to the amount of the award made to him shall be retained by the county, and he shall be liable for and shall agree to pay on demand the difference between the price bid and the price for which such contract shall be subsequently relet, including the cost of such reletting and less the amount of such deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovety of his deposit or as a defense in any action based upon such accepted bid.
Section 10. If the several parts of the work or labor to be done or the supplies, materials and equipment to be furnished, or both, shall together involve an expenditure of not more than five hundred ($500) dollars, the same may be procured on order awarded to the lorwest responsible bidder upon bids submitted without public advertisement, under such regulations as shall be made by the county authority. Purchases of ten ($10) dollars or less may be made without competition.

Section 11. No expenditure for work, labor, supplies, materials or equipment under contract shall be made unless the necessity therefore be certified to by the agency for the use of which they are intended. All purchases made by the county purchasing agent other than purchases for stock for estimated needs under subsection 2 of Section 7 of this Act, as well as all deliveries from such stock, shall be made only upon receipt of requisitions signed by such officers and employees of the several agencies of the county as may be designated for that purpose by the Board of Commissioners of Roads and Revenues or other county authority.

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Section 12. All purchases made by the County Purchasing Agent shall be based upon specifications which are definite and certain, which permit of competition and 'which shall not be at variance with standard specifications for the various classes of supplies, materials and equipment approved by the said county authority; provided, that the said county authority may exempt any agency from the necessity of conforming to such standard specifications in any particular case.
Section 13. All old or waste materials and other personal property discarded, replaced, or held but not required in storehouses or by any agency for which the County Purchasing Agent has power to make purchases shall be surrendered to him and shall be disposed of by him under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority governing the redistribution, exchange, transfer, sale or other disposition of such property.
Section 14. Each and every phrase, clause and part of this Act is separately enacted and should any part or section hereof be held invalid, for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining portions of this Act shall remain in full force and effect.
Section 15.. All laws and parts of laws in conflict with this Act arc 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 Mr. Gaston of Butts: House Bill No. 184. A bill to reduce the bond of the Sheriff of Butts
County, Georgia, from $10,000.00 to $2,000.00, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gaston of Butts: House Bill No. 196. A bill to repeal the Act creating the Board of Com-
missioners of Roads and Revenues for Butts County, Georgia; and for other purposes.
The report of the committee, which 'was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.

FRIDAY, FEBRUARY 14, 1941

275

The bill, having received the requisite constitutional majority, was passed.
By :vir. Gaston of Butts: House Bill No. 197. A bill to create a Board of Commissioners of Roads
and Revenues for Butts County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, :was passed.
By Messrs. Roughton and Smith of Washington: House Bill No. 244. A bill to abolish the Board of Water Commissioners
of the City of Tennille, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional mapority, was passed.
By l\Iessrs. Hardy and Williams of Jackson: House Bill No. 262. A bill to amend an Act approved December 12, 1899,
entitled "An Act to incorporate the City of Jefferson"; and for other purposes.
The report of 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 .:'l:lessrs. Blackshear and Smith of Hall: House Bill No. 268. A bill to amend the Charter of the City of Gaines-
ville and the Acts amendatory thereof, so as to provide for the creation and administration of a Retirement Fund for certain salaried employees of the City of Gainesville; and for other purposes.
The report of 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 l\Iessrs. \Vohlwender, Maxwell and Elliott of Muscogee: House Bill No. 269. A bill to amend the charter of the City of Columbus,
Georgia; and for other pu,rposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Coker of the 39th arose to a point of personal privilege and invited the members of the Senate and its attaches to a chicken fry to be held at Lakemore on Tuesday, February 18, 1941.
Senator Wall of the 28th moved that when the Senate adjourns today, it stand adjourned until Monday morning at 11:15 o'clock, and the motion prevailed.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Hill of the 36th: Senate Bill No. 72. A bill to amend the title of the Act which authorizes
the levy of a maintenance tax for State purposes on motor vehicles operated as rolling stores; and for other purposes.
Senator Hill of the 36th offered the following substitute <which was adopted: A BILL
To be entitled an Act to amend the title of the Act approved February 16, 1938, (Ga. Laws Ex. Sess. 1937-1938, pp. 180, 183), which said act authorizes the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, by providing for the levy of a license fee or tax on such vehicles by the county authorities of each county in which such vehicles operate; to reenact that portion of Section 1 of said act heretofore declared unconstitutional which authorized counties to levy taxes upon each rolling store operated within the county; to repeal conflicting laws; and for other purposes.
Be it and it is hereby enacted by the General Assembly of Georgia:
Section 1. That the title to the Act approved February 16, 1938, (Ga. Laws Ex. Sess. 1937-1938, pp. 180-183), authorizing the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, be and the same is hereby amended as follotws:
By inserting between the words "exemptions" and "to repeal" in line 20 of said caption the following words:
"To authorize the ordinary or board o:f commiSSioners of roads and revenues, or other body having power to levy and assess taxes or license fees in the county, to levy and assess a license fee or tax on each rolling store operating within the county."
Section 2. That Section 1 of said Act relating to the levying of said taxes on rolling stores is hereby amended by reenacting the provisio contained in the last three sentences of said Section as follows:
"Provided, however, that any county may levy a license tax upon each rolling store oper;:~ting within the county levying the same a license fee or

FRiDAY, FEBRUARY 14, 1941

277

tax not exceeding the tax prescribed by this bill for the State. It being the legislative intent that such counties may or may not levy such tax as herein provided by the county authorities in each county. It is further provided that a trailer shall bear the same license as the unit drawing same."
Section 3. Nothing in this amendment shall be construed as affecting the exemptions provided in Section 4 of said Act.
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 1were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
At this time Senator Couch of the 52nd took the chair.
By Senator Clark of the 44th: Senate Bill No. 7 4. A bill to amend an Act to promote temperance and
prosperity by providing for the licensing of retail wine dealers; and for other purposes.
The report 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 Senators Redwine of the 26th, Clark of the 44th, Edenfield of the 4th, and Smith of the 24th:
Senate Bill No. 80. A bill permitting insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; and for other purposes.
The report of the committee, 1which 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 Drake of the 8th asked unanimous consent to take up the following bill of the Senate for the purpose of considering an amendment offered by the House:
By Senator Drake of the 8th: Senate Bill No. 71. A bill to amend the Act approved March 2, 1935,
establishing a city court in and for the County of Miller, by changing the

278

JOURNAL OF THE SENATE,

method of compensating the Solicitor of said court from a fee basis to a salary basis; and for other purposes.
The House offered the following amendment:
l\11-. l\'lims of :Willer County moves to amend Senate Bill No. 71 as follows:
1. By inserting in line fourteen ( 14), after the fourth word of said line, the following provisio:
"Provided, however, that the Solicitor of said court shall be entitled to receive all fees earned before the effective date of this Act."
2. By adding at the end of Section 1, the following provisio:
"This Act shall become effective on the 1st day of March, 19-11."
St>nator Drake of the 8th moved to concur in the amendment offered by the House, and the motion prevailed.
Senator Redwine of the 26th asked unanimous consent to make a statement relative to the status of Senate Bill No. 6, and the consent was granted.
Senator Redwine of the 26th asked unanimous consent that the Senate take a recess subject to the call of the chair, and the consent was granted.
The Senate reconvened at 12 :05 p.m. and resumed the regular transaction of business.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate Amendment to the House Amendment to the following bill of the Senate, to~wit:
By Senator Redwine of the 26th and others: Senate Bill No. 6. A bill changing the name of the Prison Commission;
and for other purposes.
Senator Redwine of the 26th moved that the Senate insist on its amendment to the House amendment to Senate Bill No. 6 and request the appointment of a conference committee of three from the House, to be appointed by the Speaker, to act with a like committee of three from the Senate, to be appointed by the President, to consider the disagreement between the Senate and House on the said bill.
The motion prevailed, and the President named as a committee on the part of the Senate:
Senators Clark of the 44th, Campbell of the 34th, and Kirkland of the 49th.
Mr. Edenfield of the 4th District Vice-Chairman of the Committee on

FRIDAY, FEBRUARY 14, 1941

279

Rules, submitted the following report:
Mr. President:
Yout Committee on Rules have had under consideration the following resolution of the SenatP and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 35-119A. Do pass.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The following resolution favorably reported by the Rules Committee, was taken up for consideration:
By Senator Drake of the 8th: Senate Resolution No. 35-119A. A resolution requesting that Senate Bill
No. 1UO be placed at the head of the calendar and be made the special order of business for Tuesday morning, February 18, 1941; and for other purposes.
The resolution was adopted.
Senator Campbell of the 34th moved that the Senate do now adjourn, and the motion prevailed.
Confirmation of the Journal of Wednesday's proceedings, February 12, 1941, went over as unfinished business.
Senator Couch of the 52nd, acting for the President, announced the Senate adjourned until Monday morning at 11 :15 o'clock.

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Senate Chamber, Atlanta, Georgia,
Monday, February 17, 1941.
The Senate met pursuant to adjournment at 11:15 o'clock this morning 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.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
By Messrs. Grice, Weaver and Bloodworth of Bibb: House Bill No. 39. A bill to be entitled an Act providing for the allow-
ance to administrators and executors of compensation for delivering over property in kind; and for other purposes.
By Messrs. Vickers of Coffee and Holtzendorf of Ben Hill: House Bill No. 89. A bill to be entitled an Act to amend an Act desig-
nating the highway mileage by adding additional mileage in Coffee and Ben Hill Counties, Ga., from Broxton in Coffee County, Ga., to Fitzgerald in Ben Hill County, Ga.; and for other purposes.
By Senator Gross of the 20th: Senate Resolution No. 30-103A. A resolution inviting the Milledgeville
A Cappella Choir to sing for the House and Senate in joint session on Monday morning, February 24, at 11 o'clock.
The Speaker has appointed as a committee of conference on the part of the House on Senate Bill No. 6 the following members, to-wit:
Culpepper of Fayette, Blease of Brooks, and Dorsey of Cobb.
Said bill being entitled an Act to amend an Act changing the name of the Prison Commission to the State Prison and Parole Commission; and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:
By Senators Edwards of the 6th and Redwine of the 26th: Senate Resolution No. 31-107A. A resolution inviting Dr. J. Frank Norris
of Fort Worth, Texas, and Detroit, Michigan, to address a joint session of the State Senate and House of Representatives.
Senator Pilcher of the 7th, a member of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found

MONDAY, FEBRUARY 17, 1941

281

correct.
At this time Senator Edenfield of the 4th took the chair.
Senator Redwine of the 26th gave notice at the proper time he would move that the Senate reconsider its action in passing the follo1wing bill of the House:
By Mr. Gaston of Butts: House Bill No. 196. A bill to repeal the Act creating the Board of Com-
missioners of Roads and Revenues for Butts County; and for other purposes.
Senator Redwine of the 26th gave notice that at the proper time he would move that the Senate reconsider its action in passing the following bill of the House:
By Mr. Gaston of Butts: House Bill No. 197. A bill to create a Board of Commissioners of Roads
and Revenues for Butts County; and for other purposes.
By unanimous consent, the reading of the Journal was dispensed with.
Senator Redwine of the 26th moved that the Senate reconsider its action in passing House Bill No. 196.
On the motion to reconsider, the ayes were 40, nays 0, anj the motion prevailed.
Senator Redwine of the 26th moved that the Senate reconsider its action in passing House Bill No. 197.
On the motion to reconsider, the ayes were 40, nays 0, and the motion prevailed.
Senator Odom of the 9th moved that the Senate reconsider its action in passing the following bill of the Senate:
By Senator Coxon of the 2nd: Senate Bill No. 61. A bill to protect property by making criminal, cer-
tain unlawful entries on, injuries to and interferences with property, authorizing the closing of highways; and for other purposes.
On the motion to reconsider, the ayes were 31, nays 0, and the motion prevailed.
Senator Wall of the 28th arose to a point of personal privilege and addressed the Senate.
Senator Edwards of the 6'th arose to a point of personal privilege and addresses the Senate.
By unanimous consent, the Journal of "\Vednesday, February 12, 1941 was confirmed.

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JOURNAL OF THE SENATE,

By unanimous consent, the Journal of Friday, February 14, l!J.! 1 was confirmed.
Senator Edenfield of the 4th asked unanimous consent that the following be set as the order of business for today immediately after the period of unanimous consents:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Reading bills and resolutions second time favorably reported from committees.
4. Reading House bills and resolutions first time for reference.
5. Putting on passage local Senate and House bills ready for a third n:ading.
fi. Consideration of general bills and resolutions.
The consent was granted.
At this time the President returned to the chair.
The following bills were introduced, read the first time, and referred to committees:
By Senators Edenfield of the 4th, and Milhollin of the 46th: Senate Bill No. 123. A bill to amend Section 47-101 of the Georgia Code
of 1933 relating to the apportionment of members of the House of Representatives among the several counties by re-apportioning the members of the House of Representatives among the several counties according to the last census of the United States; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Campbell of the 34th: Senate Bill No. 124. A bill to provide for an additional and cumulative
method of fixing salaries or sole compensation for certain officers in certain counties; to provide the manner in which this Act shall become and remain operative; to repeal conflicting laws; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Campbell of the 34th: Senate Bill No. 125. A -bill to amend an Act approved March 24, 1939,
entitled "An Act to amend an Act changing the classes and amounts of commission allowed to tax receivers and tax collectors of State and County taxes approved January 17, 1938, Ga. Laws, Extra Session 1937-1938, by striking the words "prior to the year 1938" in the sixth and seventh lines of Section 3 of said Act; and fot other purposes.
Referred to Committee on Special Judiciary.

MONDAY, FEBRUARY 17, 1941

283

By Senator Campbell of the 34th: Senate Bill No. 126. A bill to amend Chapter 95-15 of the Code of
Georg-ia of 1933 relating- to the law appertaining to the State Hig-hway Department by adding- to said Chapter H5-15 a new section to be desig-nated as Section 95-1507 providing authority for the State Hig-hway Department to curb and pave, at its option and discretion, sidewalks adjacent to State Highways, etc.; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator Edwards of the 6th: Senate Bill No. 127. A bill to amend the Act approved March 5, 1937,
(Ga. La;ws 1937, pp. 264, 280), creating the State Department of Natural Resources and four subdivisions thereof, defining the jurisdiction, powers and authority of said Department and its subdivisions by enlarg-ing- the powers of the Division of Mines, :Mining- and Geolog-y; and for other purposes.
Referred to Committee on State of Republic.
By Senators Edwards of the 6th, Sumner of the 1Oth, Milhollin of the 46th, Whaley of the 45th, Holt of the 48th, and Dorsey of the 32nd:
Senate Bill No. 128. A bill to repeal the Act approved March 24, 1939, (Ga. Laws 1939, pp. 228 throug-h 233), chang-ing the power and method of appointment of Chief Drug Inspector; and for other purposes.
Referred to Committee on State of Republic.
The following- privileg-ed resolutions were read and adopted:
By Senator Drake of the 8th:
A resolution extending the privileges of the floor to the Hon. Roy W. Bush, an outstanding citizen of Colquitt, Georgia.
By Senator Drake of the 8th: A resolution extending the privileges of the floor to Mrs. A. L. Barnhill,
wife of the distinguished Senator from the 5th. By Senators Fortson of the 50th, Drake of the 8th, Bradley of the 13th, and Gross of the 20th:
A RESOLUTION Whereas, the Senate learns with deep regret of the untimely passing of the Hon. J. S. Hodges, a World \Var Veteran, and brother-in-law of Senator Edwards of the sixth, on Friday afternoon, February 14, 1941,
Therefore, be it resolved that this body extends to Senator Edwards, the bereaved widow and members of the family, our profound sympathy for the loss they have sustained.
Resolved further, that a copy of this resolution be sent to Mrs. Hodges.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 336. Do pass.
House Bill No. 337. Do pass.
House Bill No. 338. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 74.
Senate Bill No. 72.
Senate Bill No. 80.
Senate Bill No. 83.
Senate Bill No. 82.
Senate Bill No. 81.
Senate Resolution No. 26-SOA.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Houston of the 51st District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 323. Do pass.
Senate Bill No. 94. Do pass by substitute.

MONDAY, FEBRUARY 17, 1941

285

Senate Bill No. 110. Do pass.
Senate Bill No. 122. Do pass.
Respectfully submitted, Houston of 51st district, chairman.
Mr. Lanier of the 18th 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 rwith the following recommendations:
Senate Bill No. 88. Do pass by committee substitute.
Respectfully submitted, Lanier of 18th district, chairman.
Mr. Dorsey of the 32nd 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 recommendations:
Senate Bill No. 45. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Couch of the 52nd 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 teport the same back to the Senate with the following recommendations:
Senate Bill No. 44. Do pass by substitute.
Respectfully submitted, Couch of 52nd district, chairman.
The follorwing bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senators Edwards of the 6th, Couch of the 52nd, Redwine of the 26th, and Coker of the 39th:
Senate Bill No. 44. A bill to amend an Act known and designated as the

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JOURNAL OF THE SENATE,

unemployment compensation law, as amended; and for other purposes.
By Senator Edwards of the 6th: Senate Bill No. 45. A bill to amend Section 20-50;) of the Code by strik-
ing the words "four years" where the same shall occur in said Section, and inserting in lieu thereof the twords "six months"; and for other purposes.
By Senator Dobbs of the 22nd: Senate Bill No. 88. A bill to provide for the time of payment of the taxes
on gross insurance premiums as stipulated in sections 92-2509 and 92-2510 of the Code so as to make said taxes payable semi-annually; and for other purposes.
By Senator Gross of the 20th: Senate Bill No. 94. A bill to prohibit the cutting of timber without legal
right; and for other purposes.
By Senator Harrison of the 23rd: Senate Bill No. 110. A bill to amend Section 24-2713 of the Code relat-
ing to the bond required of Clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes.
By Senators Campbell of the 34th and couch of the 52nd: Senate Bill No. 122. A bill to amend Section 26'-6~-1 of the Code so as to
include possession, lending or tl'ansportation of any indecent or obscene pictures or literature or articles of indecent and obscene use; and for other purposes.
By Messrs. Williams and Hardy of Jackson: House Bill No. 323. 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 Jackson County; and for other purposes.
By Me~srs. Lester, Han is and Jones of Richmond: House Bill No. 336. A bill to amend the charter of the City of Augusta,
so as to provide for a Commissioner of Public Safety; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 337. A bill to amend the charter of the City of Augusta,
so as to provide that the tenure Act shall apply to the City Attorney; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 338. A bill to amend bhe Act creating a Civil Service
Commission for the City of Augusta so as to provide that no disability be incurred in line of duty shall prevent promotions; and fot other purposes.
The following bills of the House were read the first time and referred to committees.

MONDAY, FEBRUARY 17, 1941

287

By :Messrs. Weaver, Grice and Bloodworth of Bibb:
House Bill No. 39. A bill providing for the allowance to administrators and executors of compensation for delivering over pmperty in kind; and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Vickers of Coffee and Holzendorf of Ben Hill: House Bill No. 89. A bill to amend an Act designating the Highway mile-
age by adding additional mileage in Coffee and Ben Hill Counties, from Broxton in Coffee County, to Fitzgerald in Ben Hill County; and for other purposes.
Referred to Committee on Highways and Public Roads.
The foll01wing bills of the House were read the third time and put upon their passage:

By Mr. Hogg of Marion:
House Bill No. 1:ll. A bill to repeal an Act to amend an Act creating a Board of Commissioners of Roads and Revenue, of Marion County; and for other purposes.

Senator Park of the 19th offered the following amendment:

:\ir. Park of the I !Jth moves to amend House Bill 131 by adding new SPction to be inserted afte1 Section 1 and to be numbered Section 2 as follows:

Section 2. This act shall become effective only after a majority of duly

qualified electors of Marion County, voting in an election hereinl;J.fter pro-

vided for, shall vote for the abolition of the Board of Commissioners of Roads

and Revenues of Marion County, and if the majority of electors of Marion

County shall so vote then this Act shall become effective as otherwise provided

herein. The Ordinary of Raid County shall provide for an election to be con-

ducted as general elections are now conducted and the returns thereof made

by the managers to the Ordinary of Marion County, who shall declare the

results, which shall be entered upon the records of the Ordinary of Marion

County, so as to show the numbet of votes cast for and the number of votes

cast against this Act becoming effective. The election shall be held on the

day of

1941 and two weeks publication and no-

tice of the date of said election shall be given in the official gazette of Ma-

rion County. On the issue submitted to the voters of said county aforesaid

the ballots shall be marked "For abolishing the Board of Commissioners of

Roads and Revenues of :VIarion County" and "Against abolishing the Board of

Commissioners of Roads and Revenues of Marion County". If the majority of

those voting vote "Against abolishing the Board of Commissioners of Roads and

revenues of Marion County" then this Act shall be void. If the majority of

those voting vote "For abolishing the Board of Commissioners of Roads and

Revenues of _Marion County" then this Act shall be of force as provided herein

from and after the declaration of the nsults thcmof. In said eltction the

qualified voters shall be dctetmined according to the last registration list of

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JOURNAL OF THE SENATE,

said County as used in the last general election. Section 2 of said bill shall be renumbered as Section 3.
Senator Edenfield of the 4th asked unanimous consent to extend the session of the Senate until the final vote on the pending bill on all amendments, and the consent was granted.
Senator Smith of the 24th moved that the session of the Senate be continued until final disposition of the pending bill and its companion bill, House Bill No. 132, and the motion prevailed.
Senator Park of the 19th offered as a second amendment to House Bill No. 131 the following:
Mr. Park of the 19th moves to amend House Bill No. 131 as follows:
By adding a new paragraph following Section 1 to be numbered Section 2 and to read as follows:
"Section 2. That the provisions of this Act shall not become effective until sixty days after its approval by the Governor."
By renumbering the remaining paragraphs accordingly.
Senator Edwards of the 6th moved that Section 10 of Senate Bill No. 132 be read by the Secretary, and the motion was lost.
Senator Daughtry of the 21st moved the previous question on the pending bill and all amendments, and the motion prevailed.
The main question rwas ordered.
On the adoption of the first amendment offered by Senator Park of the 19th, the ayes were 8, nays 27, and the amendment was lost.
On the adoption of the second amendment offered by Senator Park, viva voce vote, the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 6.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Hogg of Marion: House Bill No. 132. A bill to create the office of Commissioner of Roads
and Revenues of the County of Marion; and for other purposes.
Senator Park of the 19th offered the follo,wing amendment:
Mr. Park of the 19th District moves to amend House Bill No. 132 by striking Section 23 thereof and inserting in lieu thereof the following:
Section 23. This Act shall become effective only after a majority of

MONDAY, FEBRUARY 17, 1941

289

duly qualified electors of Marion County, voting in an election hereinafter provided for, shall vote for the creation of the .office of Sole Commissioner of Roads and Revenues of Marion County, and if the majority of electors of Marion County shall so vote, then this act shall become effective as otherwise provided herein. The Ordinary of said county shall provide for an election to be conducted as general elections are now conducted and the returns thereof made by the managers to the Ordinary of ~'larion County, who shall declare the results which shall be entered upon the records of the Ordinary of Marion County so as to show the number of votes cast for and the number of votes cast against this Act becoming effective. The election shall be held on the

day of

1941, and two weeks publication and no-

tice of said election shall be given to the official organ of Marion County. On the issue submitted to the voters of said county aforesaid the ballots shall be marked "For creating the office of Sole Commissioner of Roads and Revenues of the County of Marion and naming T. B. Rainey as Sole Commissioner", and "Against creating the office of Sole Commissioner of Roads and Revenues of the County of Marion and naming T. B. Rainey as Sole Commissioner". If the majority of those voting against "Creating the office of Sole Commissioner -of Roads and Revenues of the County of Marion and naming T. B. Rainey as Sole Commissioner" then this Act shall be void. If a majority of

those voting for "Creating the office of Commissioner of Roads and Revenues of the County of Marion and naming T. B. Rainey as Sole Commissioner", then this Act shall be of force as provided herein 60 days from and after the declaration of the results thereof. In said election qualified voters shall be determined according to the last registration list of said County as used in the last General Election.

The amendment was lost.

Senator Park of the 19th offered the following amendment:

Mr. Park of the 19th District moves to amend House Bill No. 132 as follows:

By striking from Section 1 the following "that from the date this Act becomes effective" and inserting in lieu thereof the following:

"That sixty days from the approval of this Act", so that said Section as amended will read 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 sixty days from the approval of this Act, the county affairs of Marion County, Georgia, shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues is hereby created, and, for the purpose of expediting the carrying into effect this act, Hon. T. B. Rainey is hereby named and appointed as Commissioner of Roads and Revenues of Marion County, Georgia, from the date. this Act becomes effective until December 31, 1944, or until his successor is elected and qualified. That at the general State election to be held in said County in 1944 the qualified voters thereof

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JOURNAL OF THE SENATE,

shall elect a Commissioner of Roads and Revenues for a term of four years to begin January 1st, 1945. His successor shall be elected at the general State election every four years thereafter.
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 6.
The bill, having received the requisite constitutional majority, was passed.
Senator Edwards of the 6th gave notice that at the proper time he would move to reconsider the action of the Senate in passing House bills Nos. 131 and 132.
The hour of adjournment having arrived, the President announced the Senate adjourned until tomorrow morning at 10 o'clock.

TUESDAY, FEBRUARY 18, 1941

291

Senate Chamber, Atlanta, Georgia, Tuesday, February 18, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer 'Was offered by the Rev. W. M. Jones, pastor of the St. Paul Methodist Church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Pilcher of the 7th, a member 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 Edenfield of the 4th asked unanimous consent that the following be set as the order of business for today immediately after the period of unanimous consents:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Reading bills and resolutions second time favorably reported from committees.
4. Reading House bills and resolutions first time for reference.
5. Putting on passage local Senate and House bills ready for a third reading.
6. Special orders and orders of the day.
7. Consideration of general bills and resolutions.
The consent was granted.
Senator Lanier of the 18th asked unanimous consent that the Senate take up for consideration three local House bills affecting Richmond County, and the consent was granted.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 336. A bill to amend the charter of the City of Augusta;
and for other purposes.
The report of the committee, which was faYorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 3.5, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 337. 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 1were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 338. A bill to amend the Act creating a Civil Service
Commission for the City of Augusta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 3'5, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senator Edwards of the 6th: Senate Bill No. 129. A bill to amend the "Revenue Tax Act to Legalize
and Control Alcoholic Beverages and Liquors" approved February 3, 1938, pp. 103-104, so as to authorize the retail sale of distilled spirits or alcoholic beverages by hotels; and for other purposes.
Referred to Committee on Temperance.
By Senator Odom of the 9th: Senate Bill No. 130. A bill to be entitled an Act to repeal Section 32-948
of the Georgia Code of 1933 relating to the school equalization fund by substituting a new Section therefor providing a method for distribution of the school equalization fund; and for other purposes.
Referred to Committee on Education and Public Schools No. 2.
By Senator Odom of the 9th: Senate Bill No. 131. A bill to amend an Act of the General Assembly of
Georgia approved March 5, 1937 (Ga. Laws 1937, pp. 264-280 inc.) creating a "Department of Natural Resources and four subdivisions thereof", and all Acts amendatory thereto, by providing for three Commissioners instead of one, and providing for their appointment, terms of office, compensation; and for other purposes.
Refened to Committee on Game and Fish.

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293

By Senator Couch of the 52nd: Senate Bill No. 132. A bill 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.
Referred to Committee on ::.vlunicipal Government.
By Senators Edenfield of the 4th, and Whaley of the 45th: Senate Bill No. 133. A bill to define and regulate the business of making
loans in the amount of $300 or less; and for other purposes. Refened to .Committee on Special Judiciary.
By Senator Lanier of the 18th: Senate Bill No. 134. A bill to amend Section 113-1409 of the Code of
Georgia of 1933 relating to the filing of annual returns by administrators and executors; to provide for the time of such returns; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Kirkland of the 49th: Senate Bill No. 135. 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 Evans County to issue funding bonds sufficient to pay the outstanding warrants and scripts of indebtedness of said county; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Gross of the 20th: Senate Resolution No. 35-128A. A resolution proposing to the qualified
voters of Georgia an amendment to Atticle 7 of the Constitution of Georgia so as to authorize the County of Washington and all political subdivisions therein to refund bonded indebtedness and to authorize the govel:'ning authorities of the County of Washington to issue refunding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Odom of the 9th: Senate Resolution No. 36-131A. A resolution proposing that the highway
beginning at southeast corner of Decatur County on to Bainbridge, Leary, Albany, to Dublin, and Augusta, Ga. be known as The DeSoto Trail.
Refened to Committee on Historical Research.
Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Ptesident:
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:

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House Bill No. 306. Do pass. House Bill No. 389. Do pass. House Bill No. 387. Do pass. House Bill No. 386. Do pass. House Bill No. 385. Do pass. House Bill No. 382. Do pass. House Bill No. 103. Do pass. House Bill No. 384. Do pass. House Bill No. 401. Do pass. House Bill No. 367. Do pass. House Bill No. 405. Do pass. House Bill No. 335. Do pass. House Bill No. 359. Do pass. House Bill No. 308. Do pass. House Bill No. 365. Do pass. House Bill No. 361. Do pass. House Bill No. 388. Do pass by substitute. Senate Bill No. 106". Do pass.
Respectfully submitted, Daughtry of 21st district, chai
Mr. Steed of the 43rd District, Chairman of the Committee on s
Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary have had under consideratio
following bill of the Senate and have instructed me as Chairman, to 1 the same back to the Senate with the following recommendations:
Senate Bill No. 54. Do not pass. Respectfully submitted, Steed of 43rd district, chairnu
Dr. Coker of the 39th District, Chairman of the Committee on Hig and Public Roads, submitted the following report: Mr. President:

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295

Your Committee on Highways and Public Roads have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 27-1070. Do pass.
Respectfully submitted, Coker of 39th district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following repott:
Mr. President:
Your Committee on Counties and County Matters have had under considPration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the foll01wing recommendations:
Senate Bill No. 1 17. Do pass.
Senate Bill No. 121. Do pass.
Senate Bill No. 109. Do pass.
Senate Bill No. 108. Do pass.
House Bill No. 350. Do pass.
House Bill No. 320. Do pass.
House Bill No. 398. Do pass.
House Bill No. 397. Do pass.
House Bill No. 330. Do pass.
House Bill No. 272. Do pass.
House Bill No. 334. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
:Mr. Steed of the 4:hd 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 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 Resolution No. ll-20A. Do pass.

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JOURNAL OF THE SENATE,

House Bill No. 333. Do pass. House Bill No. 314. Do pass.

House Bill No. 348. Do pass.

Senate Bill No. 91. Do pass.

Senate Bill No. 35. Senate Bill No. 39.

Do pass by substitute.
Do pass by substitute.
Respectfully submitted, Steed of 43rd district, chairman.

Mr. Martin 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. 111. Do pass.

Senate Bill No. 119. Do pass.

Senate Bill No. 115. Do pass.

Respectfully submitted, Martin of 3rd district, chairman.

Mr. Cannon of the 40th 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 recommendations:

Senate Bill No. 25.. Do pass as amended.

Respectfully submitted, Cannon of 40th district, chairman.

Mr. Daughtry of the 21st District, Chairman of the Committee on Muni cipal 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. 301. Do pass.

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297

House Bill No. 312. Do pass by substitute.
Respectfully submitted, Daughtry of 21st district, chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof:
1\'[r. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Anglin of Stewart: House Bill No. 47. A bill to be entitled an Act to amend Section 34-1302
of the Code of Georgia of 1933 relating to "Elections, how and when held"; and for other purposes.
By Messrs. Candler and Turner of DeKalb: House Bill No. 160. A bill to be entitled an Act to amend an Act ap-
proved August 17, 1909, creating and establishing a new charter and municipal government for the City of Decatur so as to enlarge the city limits of said City of Decatur; and for other purposes.
By Messrs. Kea and Lovett of Laurens: House Bill No. 319. A bill to be entitled an Act to amend the Act enti-
tled an Act to create a new charter for the City of Dublin; and for other purposes.
By Mr. Holtzendorf of Ben Hill: House Bill No. 343. A bill to be entitled an Act to amend an Act providing
for Commissioners of Roads and Revenues for Ben Hill County; and for other purposes.
By Messrs. Grice of Bibb and Elliott of Muscogee: House Resolution No. 16-45A. A resolution to provide for advertising and
promoting the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of the State; and for other purposes.
The following privileged resolutions were read and adopted:
By Senator Dorsey of the 32nd: A resolution extending the privileges of the floor to the Hon. Ernest W.
Henderson, distinguished citizen of Toccoa, Georgia.
By Senator Coxon of the 2nd: A resolution extending the privileges of the floor to Mrs. R. E. L. Majors,
of Claxton, First District President of the Parent-Teachers Association.
By Senator Kirkland of the 47th: A resolution extending the privileges of the floor to the Hon. E. F.

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Franklin, Chairman of the Board of County CommissionPrs of Candler County.
By SPnator Bland of the 12th: A resolution extending the privileges of the floor to the Hon. J. Guy
Roberts and the Hon. John A. Heck, distinguished citizens of Marietta, Georgia.
By unanimous consent Senator ::\1ason of the 30th was granted leave of absence for one day due to the serious illness of his brother.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Couch of the 52nd: Senate Bill No. 3i5. A bill to repeal sub-seotion 4 of sub-section 5 of
Section 24-2714 of the Code relative to Superior Court Execution Dockets to be kept by Clerks of the Superior Courts; and for other purposes.
By Senators Redwine of the 26th and Edenfield of the 4th: Senate Bill No. 91. A bill to prescribe the compensation of the Director
of the State Department of Public Welfare; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 106. A bill to establish a new charter for the City of
Canton; to provide po,wer and authority for the enactment and passage of Zoning and Planning Laws and Ordinances; and for other purposes.
By Senator Sumner of the 1Oth: Senate Bill No. 108. A bill to amend an Act approved March 12, 1935 to
amend the Act creating and establishing a Board of Commissioners of Roads and Revenues of worth County; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 109. A bill to authorize the Sheriff of Newton County or
his deputy to hold the office of County Police; to empower and authorize the County Commissioner to appoint the Sheriff or his deputy to the office of county police; and for other purposes.
By Senator Franklin of the 38th: Senate Bill No. 111. A bill to amend Section 88-301 of the Code which
provides how the so-called Ellis Health Law as embodied in Chapter 88-3 of said Code may be made operative in any county; and for other purposes.
By Senator Park of the 19th: Senate Bill No. 115. A bill to amend Section 88-1208 of the Code relating
to the preservation by the State Board of Health of certificates of births and deaths, indexing the same, and furnishing information to the regishars as to diseases, by providing that the State Board of Health shall furnish a copy of the birth certificate within a reasonable time; and for other purposes.
By Senator Harrison of the 23rd:

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299

Senate Bill No. 117. A bill to reduce the bond of the Clerk of the Superior Comt of Crawford County; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 119. A bill to prohibit any person licensed to practice
medicine, or dentistry, or osteopathy, or chiropractic, or chiropody, or optometry, or pharmacy from using- before his name the prefix "Dr." on letterheads; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 121. A bill to amend an Act to abolish the offices of Tax
Receiver and Tax Collector of Dekalb County; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 103. A bill to amend an Act establishing a nerw charter
for the City of Atlanta approved February 28, 187 4, and the several amendatory Acts thereof; and for other purposes.
By Mr. Hardman of Madison: House Bill No. 272. A bill to change the amount of the sheriff's bond
of Madison County; and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 301. A bill to amend the charter of the City of Savannah
and the several Acts amendatory thereof incorporating the Mayor and Aldermen relative and supplementary thereto; and for other purposes.
By :\1r. Williams of Harris: House Bill No. 306. A bill to amend an Act creating and establishing the
Town of Chipley; and for other purposes.
By Mr. Foster of Paulding: House Bill No. 308. A bill to amend Section 9 of an Act creating the
Town of Hiram, so as to vest the Mayor and Council with power to levy a. tax of one per cent; and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 312. A bill to amend the charter of the City of Savannah
and the several Acts amendatory thereof incorporating the Mayor and Aldermen; and for other purposes.
By Messrs. Smith and Roughton of Washington: House Bill No. 314. A bill to regulate the holding of primary elections
for the selection of candidates for the place of representative to the General Assembly from Washington County; to provide for the designation by candidates at such primaries of the place for which they seek nomination; and for othrr purposes.
By Mr. Dalton of Banks: House Bill No. 320. A bill to amend an Act creating the Board of Com-

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missioners of Banks County; and for other purposes.
By Mr. Bradbury of Oconee: House Bill No. 330. A bill to reduce the official bond of the sheriff of
Oconee County; and for other purposes.
By Mr. Goddard of Spalding: House Bill No. 333. A bill to amend an Act to establish the City Court
of Griffin, so as to change the term of office of the Solicitor of said court from two to four years; and for other purposes.
By Mr. Goddard of Spalding: House Bill No. 334. A bill to authorize the Board of Commissioner~ of
Road and Revenues of Spalding County to create and establish restricted zones or districts by vesting said Board with the authority to pass zoning and planning laws; and for other purposes.
By Mr. Goddard of Spalding: House Bill No. 335. A bill to amend the Act providing a charter for the
City of Griffin; and for other purposes.
By :VIr. Rowland of Johnson: House Bill No. 348. A bill to amend an Act to establish the City Court
of Wrightsville, to provide for the election of Judge and .Solicitor; and for other purposes.
By Mr. Kea of Laurens: House Bill No. 350. A bill to amend an Act approved August 17, 1941,
with reference to the Board of Commissioners of Roads and Revenues of Laurens County; and for other purposes.
By Messrs. Goddard and Swint of Spalding: House Bill No. 359. A bill to amend the charter of the City of Griffin;
and for other purposes.
By Messrs. Simmons and Mills of Decatur: House Bill No. 361. A bill to authorize the City of Bainbridge to pass
certain zoning and planning laws; and for other purposes.
By Mr. Walker of Grady: House Bill No. 365. A bill to amend the charter of the City of Cairo; to
authorize the City of Cairo to condemn private property for public use; and for other purposes.
By Mr. Witherington of Wilcox: House ;Bill No. 367. A bill to amend the City charter of Abbeville; and
for other purposes.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: House Bill No. 382. A bill to amend an Act establishing a new charter

TUESDAY, FEBRUARY 18, 1941

"Sal

for the City of Atlanta; and for othe1' purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 384. A bill to amend an Act incorporating the City of
Manchester to provide for incorporating same under the name of College Park; and for other purposes.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: House Bill No. 385. A bill to amend the charter for the City of Atlanta,
and the several Acts amendatory thereof; and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge Of Fulton: House Bill No. 386. A bill to amend an Act establishing a new charter for
the City of Atlanta, and the several Acts amendatory thereof; and for othe1 purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 387. 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.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 388. A bill to amend an Act establishing a new charter
for the City of At!anta, and the several Acts amendatory thereof, so as to extend the territorial limits; and for other purposes.
By :.\Irs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 389. 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.
By Mr. Rich of Union: House Bill No. 397. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Union; and for other purposes.
By Messrs. Ymwn and Jones of Dodge: House Bill No. 398. A bill to amend an Act creating and establishing
the office of Commissioner of Roads and Revenues in and for the County of Dodge; and for other purposes.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 401. A bill to amend the charter of the City of Statesboro
and the several Acts amendatory thereof, incorporating the Mayor and Councilman of the City of Statesboro, relating to and supplementary thereto; and for other purposes.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 401i. A bill to amend the charter of the City of Moultrie,
and to fix the right's and duties of the Mayor and City Manager of said city;

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and for other purposes.
By Mrs. :.\1ankin of Fulton: House Resolution No. 11-20A. A resolution to relieve Georgia Mae1is
from payment on surety bond upon payment accrued costs; and for other purposes.
By Messrs. Vickers of Coffee and Wells of Telfair: House Resolution No. 27-1 07D. A resolution to propose that the bridge
which spans the Ocmulgee River between the Counties of Coffee and Telfair, is to be hereafter known as the 1\lilhollin Memorial Bridge; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
:.\1r. President:
The House has adopted the report of the Conference Committee on the following bill of the Senate, to-wit:
By Senators Red\\ inc of the 26th, Whaley of the 45th and others: Senate Bill No. 6. A bill to amend the Act changing the name of the
Prison Commission of the State of Georgia to the State Prison and Parole Commission; and for other purposes.
The following bills and resolution of the House were read the first time and referred to committees:
By Mr. Anglin of Stewart: House Bill No. 47. A bill to amend Section 34-1302 of the Code relating
to "Election, how and when held"; and for other purposes. Referred to the Committee on Privileges and Elections.
By Messrs. Candler and Turner of Dekalb: House Bill No. 160. A bill to amend an Act creating a new charter for
the City of Decatur, so as to authorize the extension of the city limits; and for other purposes.
Referred to the Committee on Municipal Government.
By Messrs. Kea and Lovett of Laurens: House Bill No. 319. A bill to amend the Act creating the chatter of the
City of Dublin; and for other purposes. Referred to the Committee on Municipal Government.
By Mr. Holtzendorf of Ben Hill: House Bill No. 343. A bill to amend an Act providing for Commissioners
of Roads and Revenues for Ben Hill County; and for other purposes. Referred to the Committee on Counties and County Matters.

TUESDAY, FEBRUARY 18, 1941

303

By Messrs. Grice of Bibb and Elliott of Muscogee: House Resolution No. 16-45A. A resolution providing for advertising and
promoting the Agricultural, industrial, historic, recreational, and natural resources, facilities, and assets of the State; and for other purposes.
Referred to Committee on Conservation.
Senator Campbell of the 34th submitted the following report of the Conference Committee on Senate Bill No. 6:
Mr. President:
We, your Conference Committee appointed on Senate Bill No. 6 beg to submit the following report:
(1) We recommend that the Senate recede from its position in insisting on its amendment to Senate Bill No. 6.
(2) We recommend that the House recede from its position in insisting on its amendment to Senate Bill No. 6.
(3) We recommend that the foll01wing amendment be made to said Bill in lieu of the aforesaid House and Senate amendments, as heretofore adopted:
By inserting in the caption of said bill, before the words "to repeal conflicting laws," the following words: "to provide for the appointment of a Chairman of the State Prison and Parole Commission, and fix his term; to provide for the appointment and removal of wardens and guards; to provide rules and regulations for the governinp: of convicts and convict camps;"

By striking from Section 1 of Senate Bill No. 6 the words "any action of the State Prison and Parole Commission with reference to any parole, probation, or pardon shall not be affected unless and until such action is approved by the Governor, and no prisoner shall be released upon parole, probation, or pardon unless and until the record in the said case shows that his or her prison record was satisfactory," and inserting in lieu thereof the following: "any action of the State Prison and Parole Commission with reference to any parole, probation, or pardon shall be effective only if approved by a majority of the Board and the Governor, and no prisoner shall be released upon parole or probation unless and until the record in the said case shows that his prison record was satisfactory;"
And by adding to a new section to be numbered Section 4-A and to read as follows:
"Section 4-A. The governor shall appoint one member of the Prison and Parole Commission as Chairman for a term of one year and until his successor is appointed. The said Prison and Parole Commission shall have authority, with the approval of the Governor, to employ and discha1ge Wardens and Guards for proper cause shown, and to make rules and regulations governing

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the convicts and convict camps of this State."
Respectfully submitted,
Campbell of the 34th, Kirkland of the 49th, and Clark of the 44th. Conferees on the part of the Senate.
Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks. Conferees on the part of the House.
Senator Campbell of the 34th moved that the report of the Conference Committee be adopted.
On the adoption of the report, the ayes were 33, nays 0, and the report was adopted.
The following bills of the House were read the third time and put upon their passage:
By :\1r. Gill of Bryan: House Bill No. 65. A bill to amend the Act creating and establishing the
City Court of Pembroke; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agteed 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. Gaston of Butts: House Bill No. 196. A bill to repeal the Act creating the Board of Com-
missioners 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.
By Mr. Gaston of Butts: House Bill No. 197. A bill to create a 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.

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305

The bill, having received the requisite constitutional majority, was passed.
By Messrs. Graham and Blease of Brooks: House Bill No. 245. A bill to reduce the official bond of the sheriff of
Brooks County to Two Thousand Dollars; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Hagan of Screven: House Bill No. 254. A bill to provide for the appointment of special
criminal bailiffs in all counties of this State having a population of not more than 20,400 and not less than 20,300 according to the United States Census of 1940; and for other purposes.
The report of 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. Williams and Hardy of Jackson: House Bill No. 323. 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 Jackson 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.
At this time Senator Edenfield of the 4th took the chair.
Under the order of special orders and orders of the day, the follo~ving bill of the Senate was read the third time and put upon its passage:
By Senator Drake of the 8th: Senate Bill No. 100. A bill to amend Section 47-107 of the Code relating
to the perdiem and mileage of members of the General Assembly by providing for the payment of three dollars per day to each member while in attendance upon meetings of the General Assembly as subsistence; and for other purposes.
Senator Burnside of the 29th moved to recommit Senate Bill No. 100 to the Committee on General Judiciary No. 1, and the motion was lost.
Senator Sumner of the lOth moved that Senate Bill No. 100 be indefinitely

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JOURNAL OF THE SENATE,

postponed.
On the motion to postpone, the ayes were 18, nays 20, and the motion was lost.
Senator Burnside of the 29th called for the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the paEsage of the bill, Senator McGehee of the 2'5th 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:

Bargeron Barnhill Bradley Cannon Coker

Dobbs Drake Couch Edwards Foster Hamilton

Those voting in the negative were Senators:

Adams Almand Bland Burnside Campbell Clark Coxon Daughtry Dorsey Edenfield

Fortson Franklin Garner Gross Guyton Harrison Holt Houston Kiker Kirkland Lanier

Hill Lewallen Martin Mosley Odom
McGehee Park Pilcher Ragan Ro'Wland Steed Striplin Sumner Wall Whaley

Not voting were Senators: Mason, Milhollin, Smith of 24th, and Smith of 35th.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 16, nays 31, and the bill was lost.
Senator Drake of the 8th gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass Senate Bill No. 100.
Senator Dorsey of the 32nd moved that the Senate do now adjourn, and the motion was lost.
The follo,wing resolution of the Senate was read and adopted:

TUESDAY, FEBRUARY 18, 1941

307

By Senators Burnside of the 29th, Edenfield of the 4th, Kirkland of the 49th, and Clark of the 44th:
Senate Resolution No. 34-117 A. A resolution providing for the appointment of a joint committee of five, three from the House and two from the Senate, to study the laws and forms of taxations adopted by other Southern States, and to report to the next session of the General Assembly of Georgia; and for other purposes.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted 1fue following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 6.
Respectfully submitted, Rowland of 16th district, chairman.
The following bill of the Senate was read the third time and put upon its passage:
By Senators Redwine of the 26th, Whaley of the 45th, and others: Senate Bill No. 11. A bill to repeal an Act amending Section 68-623
of the Code by providing for payments to members of the Public Service Commission; and for other purposes.
Senator Redwine of the 26th offered the following substitute, which was adopted:
A BILL
To be entitled an Act to amend Section 68-623 of the Code of Georgia of 1933, as amended by the Act approved March 31, 1937, which provides for annual registration of motor common carriers and prescribes the fees to be paid therefor, and as amended provides for certain payments as additional compensation to the members of the Public Service Commission by providing for the payment' of $400 per annum in monthly instalments to each of the members of the Public Service Commission except the Chairman; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That Paragraph 68-623 of the Code of Georgia of 1933, as amended by the Act approved Yrarch 31, 1937, which provides for the annual registration by motor common carriers and prescribes the fees to be paid therefor, be further amended by striki'lg from said section, as amended, the words "said expenses to include $100 each per month to the four members of the Public Service Commission and $24 per month to the Chairn1an of the Public Service Commission," and inserting in lieu thereof the following:

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"Said expenses to include $400 each per annum to the four members of the Public Service Commission (but not including the Chairman) to be paid to them in equal monthly instalments," so that said Section 68-6'23 of the Code of Georgia of 1933, as amended, shall read as follo'Ws:
"Paragraph 68-623. Every motor common carrier shall annually on or before January 1, as long as such certificate remains in force, or before the vehicle is put into use, as to a vehicle put into use during the course of the year, make application to the CommissioTJ for registration of all motor vehicles to be operated under said certificate, in manner and form as the Commission may by rule or regulation prescribe, and shall pay to the Commission a fee of $25 for each vehicle for the registration of the same and the issuance of a permit or license to operate the same. No subdivision of this State, including cities, municipalities, villages, townships, or counties shall levy any excise, license, or occupation tax of any nature on said equipment, or the right to operate said equipment or any incidents of said motor carrier business, or on a motor common carrier. The money derived from the issuance and transfer of certificates and from the registration fee shall be subject to be used by the Commission for the administration and enforcement of this law, said expenses to include $400 per annum to the four members of the Public Service Commission (but not including the Chairman) to be paid to them in equal monthly instalments, for their services in collecting said revenue and administering this law, this compensation to be in addition to that provided elsewhere for their services in handling utility matters, and any sum which may be left over and unexpended on the first clay of January of each year shall be paid to the State Treasurer and shall be disbursed by him a'1d paid to the State Highway Board for use in maintenance and repair of the highways as in the discretion of the Highway Board may be directed."
Section 2. 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 by substitute.
On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gross of the 20th moved that the Senate do now acljoum, and the motion prevailed.
Senator Edenfield of the 4th, acting for the President, announced the Senate adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,
Wednesday, February 19, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. C. M. Ledbetter, of Greenwood, Georgia.
E)" unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of yestetday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
Senator Franklin of the 38th asked unanimous consent that the confirmation of the Journal of yesterday's proceedings be deferred until tomorrow morning, and the consent was granted.
The President asked unanimous consent that the following bill of the House be withdrat\\'n from the Committee on State of Republic, read the second time, and recommitted:
By Mr. Lovett of Laurens: House Bill No. 157. A bill providing for the auditing of claims against
the Highway Department, and approval of such claims for payment by the Highway Chairman, Governor and State Auditor; and for other purposes.
The consent was granted. Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today, immediately after the period of unanimous consents:
1. Int1oduction of bills and resolutions.
2. Reports of standing committees.
3. Reading bills and resolutions second time favorably reported.
4. Reading House bills first time for reference.
5. Putting on passage local uncontested bills of the House and Senate.
6. Consideration of general bills and resolutions.
The consent was granted.
The following bills and resolutions were inhoduced, read the first time, and referred to committees:
By Senator Franklin of the 38th: Senate Bill No. 136. A bill to amend Sections 3 and 18 Of the Act creat-
ing a new charter for the City of Rockmart; and for other purposes.

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Referred to Committee on Municipal Government.
By Senator Couch of the 52nd: Senate Bill No. 137. A bill to amend Chapter 32-25 of the Code of Geor-
gia of 1933, authorizing County Commissioners or Ordinaries to carry on schools for instructing adult illiterates, by also vesting County Boards Of Education with the power to establish and conduct such adult schools; to repeal conflicting laws; and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Senator Couch of the 52nd: Senate Bill No. 138. A bill to amend Section 32-2401 of the Code of
Georgia of 1933, relating to the powers and duties of the State Board of Education with respect to adult illiteracy,; and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Senator Odom of the 9th: Senate Bill No. 139. A bill to constitute the sheriffs of the counties of
this State parole officers; to provide regulations relating to parolees; to provide for reports; to provide for penalties; to provide compensation for parole officers; and for other purposes.
Referred to Committee on Penitentiary.
By Senator Edenfield of the 4th: Senate Resolution No. 37-136A. A resolution proposing that the Georgia
Congressional Delegation be respectfully urged to use their best efforts to secure the enactment of legislation by Congress declaring as navigable only those rivers and streams which are navigable and that rivers and streams not navigable in fact be declared by statute; and for other purposes.
Referred to Committee on State of Republic.
By Senator Drake of the 8th: Senate Resolution No. 38-137A. A resolution submitting to the qualified
voters of this State an amendment to the Constitution of Georgia providing for $3.00 per day to each member of the General Assembly as subsistence; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Coxon of the 2nd: Senate Resolution No. 38-138A. A resolution proposing that Senate Bill
No. 61 be set up as a special order for Thursday morning, February 20. Referred to Committee on Rules.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills

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311

and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 11.
Senate Resolution No. 34-117 A.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Burnside of the 29th 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 recommendations:
Senate Bill No. 103. Do pass.
Respectfully submitted, Burnside of 29th district, chairman.
Mr. Clark of the 44th District, Chairman of the Committee on State of the Republic, submitted the following report:
1\fr. President:
Your Committee on State of the 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 recommendations:
House Bill No. 71. Do not pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Holt of the 48th 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 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. 96. Do pass.
House Bill No. 239. Do pass.
House Bill No. 259. Do pass.
House Resolution No. 33-137B. Do pass.

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Respectfully submitted, Holt of 48th district, chairman.
:\ir. Clark of the 44th Dist1ict, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the 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 recommendations:
House Bill No. 157. Do pass.
Respectfully submitted, Clark of 44th district, chairman.
The following privileged 1esolutions were read and adopted:
By Senator Fortson of the 50th: A resolution extending the privileges of the floor to the Ron. Ralph Mc-
Lendon, Chairman of the Wilkes County Board of Commissioners.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to the Ron. Charles L.
Bowden, Mayor of the City of Macon.
By Senator Bland of the 12th: A resolution extending the privileges of the floor to the Hon. G. C. Alston,
prominent citizen of Richland, Georgia.
By Senator Bargeron of the 17th: A resolution extending the privileges of the floor to the Ron. W. L. Mc-
Elrr.unay, a former member of the Senate.
Ey Senator Drake of the 8th: A Resolution extending the privileges of the floor to the Ron. A. Fielder,
a member of the Governor's staff, and a prominent citizen of Colquitt, Georgia.
By Senators Kirkland of the 49th, Park of the 19th, Houston of the 51st, Milhollin of the 46th, Burnside of the 29th, Adams of the 31st, Harrison of the 23rd, and Almand of the 27th:
A RESOLUTION Whereas, information has been received by us that Mr. W. W. Mason of Lavonia, Georgia, departed this life last night, and being a brother of Ron. T. S. Mason, a member of the present Senate, we hereby extend our sincere sympathy to Senator Mason in the bereavement that has come into his life,
Be it resolved further that the President appoint a committee of four to attend the funeral on Thursday at 11 :00 o'clock, and that a copy of this resolution be mailed to Ron. T. S. Mason, Lavonia, Georgia.

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313

The President appointed as a committee from the Senate to act under the above resolution:
Senator Kirkland of the 49th, Senator Adams of the 31st, Senator Almand of the 27th, and Senator :VIilhollin of the 46th:
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Adams of the 31st: Senate Bill No. 96. A bill to propose an amendment to Article 7, Section
7, Paragraph 1, of the Constitution so as to authorize the Sandy Cross Consolidated School District, of Franklin County, to incur a bonded indebtedness; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 103. A bill to provide payment by counties in this State
having a population according to the census of 1940, and of any future census, of actual cost incurred in Superior and City Courts for the trial and conviction of misdemeanor convicts worked by said county upon public roads of same; and for other purposes.
By Messrs. Pittman of Berrien, Joiner of Cook, and Connell of Lowndes: House Resolution No. 33-137. A resolution 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 Sparks-Adel Consolidated School District, of Cook County, to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Mr. Clements of Calhoun: House Bill No. 259. A bill to amend the Constitution so as to authorize
Calhoun County to issue additional funding bonds; and for other purposes.
By Mr. Musgrove of Baker: House Bill No. 239. A bill to propose to the qualified voters of Baker
County 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 and paying of all county matters; and for other purposes.
By Mr. Lovett of Laurens: House Bill No. 157. A bill providing for the auditing of claims against
the Highway Department, and approval of such claims for payment by the Highway Chairman, Governor and State Auditor; and for other purposes.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage.
By Senator Coker of the 39th:

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Senate Bill No. 106. A bill to establish a new charter for the City of Canton; to provide power and authority for the enactment and passage of Zoning and Planning Laws and 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Campbell of the 34th: Senate Bill No. 109. A bill to authorize the sheriff of Newton County
or his deputy to hold the office of county police; to empower and authorize the County Commissioner to appoint the sheriff of said county or his deputy to the office of county police; and for other purposes.
The report 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 Senator Harrison of the 23rd: Senate Bill No. 117. A bill to reduce the bond of the Clerk of the Super-
ior Court of Crawford County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 103. A bill to amend an Act establishing a new charter
for the City of Atlanta, and the several amendatory acts thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Hardman of Madison: House Bill No. 272. A bill to change the amount of the sheriffs bond of
Madison 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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315

On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 301. A bill to amend the charter of the City of Savannah
and the several Acts amendatory thereof incorporating the Mayor and Aldermen; and for other purposes.
The report 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 Mr. Williams of Harris: House Bill No. 306. A bill to amend an Act creating and establishing
the Town of Chipley; and for other purposes.
The report 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 Mr. Foster of Paulding: House Bill No. 308. A bill to amend Section 9 of an Act creating the
Town of Hiram, so as to vest the Mayor and Council with power to levy a tax of one per cent; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 312. A bill to amend the charter of the City of Savannah
and the several Acts amendatory thereof incorporating the Mayor and Aldermen; and for other purposes.
The Committee on Municipal Government offered the following substitute which was adopted:
AN ACT To be entitled "An Act to allow the Mayor and Aldermen of the City of Savannah to encroach on and build upon certain sidewalks or streets in the City of Savannah, and for other purposes."
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Mayor and

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Aldermen of the City of Savannah be, and they are hereby allowed to encroach and build on the following streets or sidewalks in the City of Savannah for the purpose of erecting a building for the Armstrong Junior College: On Taylor Street from Drayton Street to Bull StTeet, the Mayor and Aldermen of the City of Savannah shall be all01wed to encroach on and build upon the said Taylor Street a distance of ten (10) feet in width: on Wayne Street from Drayton Street to Bull Street, the :.\iayor and Aldermen of the City Of Savannah shall be allowed to encroach and build upon the said Wayne Street a distance of eight (8) feet in width.
Section 2. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with the provisions of 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 36, nays 0.
The bill, having received the requisite constitutional majority, 1was passed by substitute.
By Messrs. Smith and Roughton of Washington: House Bill No. 314. A bill to regulate the holding of primary elections
for the selection of candidates for the place of representative to the General Assembly from 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dalton of Banks: House .Bill No. 320. A bill to amend an Act creating the Board of Com-
missioners of Banks County; and for other purposes.
The report of the committee, which :was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bradbury of Oconee: House Bill No. 330. A bill to reduce the official bond of the sheriff of
Oconee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36', nays 0.

WEDNESDAY, FEBRUARY 19, 1941

317

The bill, having received the requisite constitutional majority, was passed.
By Mr. Goddard of Spalding: House Bill No. 333. A bill to amend an Act to establish the City Court
of Griffin, so as to change the term of office of the Solicitor from two to four years; and for other purposes.
The report of the committee, which was favorable to the pas:oage 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 Mr. Goddard of Spalding: House Bill No. 334. A bill to authorize the Board of Commissioners of
Roads and Revenues of Spalding County to create and establish restricted zones or districts by vesting said Board with the authority 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Goddard of Spalding: Hou~e Bill No. 335. A bill to amend the Act providing a charter for
the City of Griffin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ro,wland of Johnson: House Bill No. 348. A bill to amend an Act to establish the City Court
of wrightsville, to provide for the election of Judge and Solicitor; and for other purposes.
The report 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 Mr. Kea of Laurens: House Bill No. 350. A bill to amend an Act approved August 17, 1911,
with reference to the Board of Commissioners of Roads and Revenue of Laurens

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County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, rwas 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 Messrs. Goddard and Swint of Spalding: House Bill No. 359. A bill to amend the charter of the City of Griffin;
and for other purposes.
The re.port 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 Messrs. Simmons and Mills of Decatur: House Bill No. 361. A bill to authorize the City of Bainbridge to pass
certain zoning and planning llllws; and for other purposes.
The report 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 :.vir. Walker of Grady: House Bill No. 365. A bill to amend the charter of the City of Cairo;
to authorize said City to condemn private property for public usc; and for other purposes.
The report of the committee, which was favorable to the passage of the bH!, 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 Dr. Witherington of Wilcox: House Bill No. 367. A bill to amend the City charter 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 pas~age of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:

WEDNESDAY, FEBRUARY 19, 1941

319

House Bill No. 382. A bill to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 384. A bill to amend an Act incorporating the City of
Manchester to provide for incorporating same under the name of College Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \yas 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 Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: House Bill No. 385. A bill to amend the charter of the City of Atlanta,
and the several Acts amendatory thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. ::\lankin, Messrs Kendrick and Etheridge of Fulton: House Bill No. 386. 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.
The report of the committee, which was favorable to the passage of the bill, \\"as 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 Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 387. 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 389. 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.
The report 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 Mr. Rich of Union: House Bill No. 397. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Union; and for other purposes.
Senator Ca!1non of the 40th offered the following amendment:
Amend Section 20 of said bill by striking all of said Section after the word "'except" in line 4 of Section 20 of said bill and insert the following:
That the managers who held the general election on the first Tuesday in November, 1940 in Union County, Georgia, in their respective districts are hereby named and constituted election holders for said special election.
On the adoptio!1 of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
The report of the committee which rwas favorable to the passage of the bill, was agreed to as amended.
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 Messrs. Yawn and Jones of Dodge: House Bill No. 398. A bill to amend an Act creating and establishing
the office of Commissioner of Roads and Revenues in and for the County of Dodge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes rwere 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 401. A bill to amend the charter of the City of Statesboro

WEDNESDAY, FEBRUARY 19, 1941

321

and the several acts amendatory thereof, incorporating the Mayor and Councilmen; and for other purposes.
The report 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 Messrs. Barber and Barlow of Colquitt: House Bill No. 405. A bill to amend the charter of the City of Moultrie,
and to fix the rights and duties of the Mayor and City Manager of said City; and for other purposes.
The report of the committee, which :was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Vickers of Coffee and Wells of Telfair: House Resolution No. 27-1070'. A resolution to propose that the bridge
which spans the Ocmulgee River between the Counties of Coffee and Telfair, is to be hereafter known as the Milhollin Memorial Bridge; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: House Bill No. 388. A bill to extend the city limits of the City of Atlanta
so as to include within its boundary, one house in north Morningside; and for other purposes.
Senator Campbell of the ::34th moved that House Bill No. 388 be postponed and set as a special order of business on Thursday, February 20, 1941.
On the motion to postpone, the ayes were 27, nays 1, and the bill was postponed.
By Senator Park of the 19th: Senate Bill No. 25. A bill to estop life insurance companies doing business
in Georgia from pleading misrepresentations after twelve months from date of policy; and for other purposes.
The committee offered the following substitute:

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A BILL To be entitled an Act to estop any life insurance company of whatever name that may be used, from contesting liability on the life insurance provisions of any insurance policy that may be written on the life of any person, on the ground of misrepresentation by the insured or the beneficiary to obtain in~urance, after the policy has been in force during the lifetime of the insured !or a period of two years, 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 any life insurance company of whatever name that may be used, shall, with respect to life insurance risks assumed by the company as provided in the life insurance provisions of any policy written by said company on the life of any person in Georgia, be estopped from contesting liability as to such provisions on the ground of misrepresentations made to obtain the issuance or reinstatement of such policy by the insured or the beneficiary, after the policy has been in force during the lifetime of the insured for a period of two years from the date of such issuance or reinstatement.
Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of lruws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 34, nays 0, and 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senator Couch of the 52nd: Senate Bill No. 35. A bill to repeal sub-section 4 of sub-section 5 of Sec-
tion 24-2714 of the Code relative to Superior Court Executive Dockets to be kept by Clerks of the Superior Courts; and for other purposes.
The committee offered the following substitute:
AN ACT To repeal sub-section 4 of sub-section 5 of Section 24-2714 of the Georgia Code of 1933, codified from sub-section 5 of Section 1 of the Act approved September 25, 1883 (Georgia Lruws 1882-1883, pages 55-56), relating to the duty of clerks of the Superior Court to keep an execution docket which shows the names of the parties and their attorneys, the date, the time returnable, to whom and when delivered, when returned, and memoranda of all entries on the original; and to amend sub-section 5 of sub-section 5 of Section 24-2714 of the Georgia Code of 1933, by adding at the end thereof the following sentence: "This docket shall show the names of the parties and their attorneys, date, the date entered on this docket, and memoranda of all entries on the

WED:t>{ESDAY, FEBRUARY 19, 1941

323

original execution."
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 sub-section 4 of sub-section 5 of Section 27-2714 of the Code of Georgia of 1933, codified from sub-section 5 of section 1 of the Act approved September 25, 1883 (Georgia Laws 1882-1883, pages 55-56) and reading as follo,ws:
" ( 4) An execution docket which shall show the names of the parties and their attorneys, date, the time returnable, to whom and when delivered, when returned, and memoranda of all entries on the original," be and the same sub-section is hereby repealed.
Section 2. By amending sub-section 5 of sub-section 5 of Section 24-2714 of the Code of Georgia of 1933, by adding at the end thereof the following
senten~e:
"This docket shall show the names of the parties and their attorneys, elate, the elate entered on this docket, and memoranda of all entries on the original execution," so that when said sub-section is amended it 1will read as follows:
" (5) A general execution docket, on which he shall enter all executions, and a reverse index to such docket, on which he shall enter all executions entered on such docket. This docket shall show the names of the parties and their attorneys, date, the elate entered on this docket, and memoranda of all entries on the original execution."
On the adoption of the substitute, the ayes were 28, nays 5, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the !Jill by substitute, 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.
By Senator Park of the 19th: Senate Bill No. 39. A bill to amend Section 59-106 of the Code of 1933
by providing that qualified women may serve as grand and traverse jurors; and for other purposes.
The committee offered the following amendment:
The Committee on Special Judiciary, on motion of Senator Burnside, moves to amend Senate Bill No. 39 by adding at the end of Section 1 immediately following the word "stead" the following language and punctuation:
"; provided, however, in the event a woman shall be drawn for service on lhe traverse or grand jury, she may make known to the Clerk of the Superior

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Court her desire to be excused from jury service in which event she shall automatically be exempted from such jury service and duty."
The amendment was lost.
The committee offered the following substitute: A BILL
An Act to be entitled an Act to amend Section 59-106 of the Code of Georgia of 1933 by providing that qualified women, whose names are on the books of the tax receivers in their respective counties, must be selected by the jury commissioners in every county in Georgia as grand and traverse jurors in the same manner as men are now selected as grand and traverse jurors and women shall be qualified to serve as grand and traverse jurors in all the courts of Georgia, where jurors are required 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 Section 59-106 of the Code of Georgia of 1933 be amended by adding after the word men, wherever said word in said section occurs the words "and women" so that said section 'when amended will read as follows, to-wit:
59-106. (816, '19 P. C.) Revision of jury lists. Selection of grand and traverse jurors. Biennially, or, if the judge of the superior court shall direct, triennially on the first Monday in August, or within thirty days thereafter, the board of jury commissioners shall revise the jury lists. The jury commissioners shall select from the books of the tax receiver upright and intelligent men and women to serve as jurors, and shall write the names of the persons so selected on tickets. They shall select from these a sufficient number, not exceeding two-fifths of the whole number, of the most experienced, intelligent and upright men and women to serve as grand jurors, whose names they shall write upon other tickets. The entire number first selected including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, to be drawn for service as provided by law, except that when in drawing juries a name which has already been drawn for the same term as grand juror shall be drawn as traverse .juror, such name shall be returned to the box and another name drawn instead. (Acts 1878, pp. 27, 34; 1887, p. 31; 1892, p. 61; 1899, p. 44).
Section 2. Be it further enacted by the authority aforesaid that this Bill shall not be operative in any County in the State of Georgia unless it is approved by two successive Grand Juries at different terms of the Court in the County.
Provided, however, in the event a woman shall be drawn for service on the traverse or grand jury, she may make known to the Clerk of the Superior Court .her desire to be excused from jury service in which event she shall automatically be exempted from such jury service and duty.
Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same that all laws or parts of laws in ~onflict with this Act are hereby repealed.

WEDNESDAY, FEBRUARY 19, 1941

Senator Drake of the 8th offered the following amendment to the substitute:
Amend committee substitute to Senate Bill No. 39 by adding to section 2, the following:
Provided, however, that any woman desiring to serve on any jury shall make application to the Jury Commissioners of their respective county and that unless she shall make such application her name shall not be placed in the jury box of said county.

The amendment was adopted.

On the adoption of the substitute as amended, the ayes were 30, nays 4, and the substitute was adopted as amended.
The report of the commmittee, \\ hich was favorable to the passage of the bill, by ;;ubstitute, was agreed to as amended.
On the passag-e of the bill, Senator Park of the 19th 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:

Adams Almand Barnhill Bland Cannon Clark Coker Couch Daughtry Dorsey

Drake Edwards Fortson Foster Franklin Garner Hamilton Hill Houston Lanier

Martin Odom Park Pilcher Ragan Rowland Steed Sumner Wall

Those voting in the negative were Senators:

Bargeron Bradley Campbell Coxon Dobbs Edenfield

Gross Guyton Harrison Holt Kiker Kirkland

Lewallen McGehee Milhollin Mosley Striplin Whaley

Not voting were Senators: Burnside, Mason, Smith of 24th, and Smith of 35th.

By unanimous consent, the verification of the roll call 1was dispensed with.

On the passage of the bill, the ayes were 29, nays 18.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.

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By Senator Edwards of the 6'th, Couch of the 52nd, Redwine of the 26th, and Coker of the a!Jth:

Senate Bill No. 44. A bill to amend an Act known and designated as the Unemployment Compensation Law; and for other purposes.

The committee offered the following substitute:

A BILL To be entitled an Act to amend an Act known and designated as the "Unemployment Compensation La;w," approved March 29, 1937, as amended by an Act approved January 25, 1938, by clarifying the terms and provisions thereof, and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is here-by enacted by authority of the same:

That an Act of the General Assembly of Georgia known as the "Unemployment Compensation Law", approved March 29, 1937, as amended by an Act approved January 25, 1938, be, and the same is, hereby amended as follows, to-wit:

Section 1. By striking sub-section (b) of Section 3 and substituting, in lieu thereof, a new sub-section to be known and numbered as Section 3 (b), namely:

Section 3 (b). Weekly Benefit Amount. An individual's 'weekly benefit amount', shall be the amount appearing in Column B in the table in this subsection on the line on which, in Column A of such table, there appears the total :wages paid to such individual for insured work in that quatter of his baseperiod in which such total wages were highest.

COLUMN A

Wages Paid in

Highest Quarter of

Base Period

$ 48.00 to 96".00 96.01 132.00

132.01 156.01 180.01

156.00 180.00 204.00

204.01 228.00

228.01 252.00

252.01 276.00

276.01 300.01 324.01 348.01

300.00 324.00 348.00 403.00

403.01 429.01 455.01

429.00 455.00 481.00

481.01 and over

COLUMN B
Weekly Benefit Amount
4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 18.00

COLUMN C
Qualifying \Vages in Base Period
100.00 150.00 180.00 210.00 240.00 270.00 300.00 330.00 360.00 390.00 420.00 450.00 640.00 680.00 720.00 720.00

COLUMN D
Maximum Total Benefit in Benefit Year
64.00 80.00 96.00 112.00 128.00 144.00 160.00 176.00 192.00 208.00 224.00 240.00 256.00 272.00 288.00 288.00

WEDNESDAY, FEBRUARY 19, 1941

327

Section 2. By striking sub-section (c) of Section 3 and substituting, in lieu thereof, a new sub-section to be known and designated as Section 3 (c), namely:
Section 3 (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 $3.00. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00.
Section 3. By striking sub-sections (d), (e), and (f) of Section 3 and substituting, in lieu thereof, one ~mb-section to be known and designated as Section 3 (d), namely:
Section 3 (d). Duration of Benefits. Any othet,wise 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 that table, appears his weekly benefit amount.
Section 4. By changing the designation of sub-section (g) of Section 3 to sub-section (e) of Section 3, and by adding a new sub-section to be known and designated as Section 3 (f), namely:
Section 3 (f): The benefit rights of individuals who are or have been called or drafted or enlisted in any organization affiliated with the defense of the United States are hereby preserved for the period of such service, not to exceed three years, in accordance with regulations to be adopted by the Commissioner.
Section 5. By striking sub-section (d) of Section 4 and substituting, in lieu thereof, a new sub-section to be known and designated as Section 4 (d), namely:
Section 4 (d). He has been unemployed for a waiting period of two weeks. Such weeks of unemployment need not be consecutive. No week shall be counted as a week of unemployment for the purposes of this sub-section:
(1) Unless it occurs within the benefit year <which includes the week with respect to which he claims payment of benefits, provided that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment, and provided further that the week or the two consecutive weeks immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this sub-section only) to be within such benefit year as well as within the preceding benefit year.
(2) If benefits have been paid with respect thereto.
(3) Unless the individual was eligible for benefits with respect thereto as provided in Sections 4 and 5 of this Act; except for the requirements of

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this sub-section and of sub-section F of Section 5.
Section fl. By striking sub-section (e) of Section 4 and substituting in lieu thereof a new sub-section to be known and designated as Section 4 (e), namely:
Section 4 (e). He has during his base period been paid wages for insured work equal to not less than the amount appearing in Column C of the table in Section 3 (b) on the line on which, in Column B of that table appears his weekly benefit amount. For the purposes of this sub-section wages shall be counted as 'wages for insured work' for benefit purposes with respect to any benefit year only if such benefit yeat begins subsequent to the date on which the employer by whom such wages were paid has satisfied the conditions of Section 19 (g) or Section 8 (c) with respect to becoming an employer.
"Provided, however, that an unemployed individual who has been paid wages for insured work in more than one calendar quarter of his base period but who has not been paid the wages for insured work in an amount equal to the amount appearing in Column C of the Table in Section 3 (b) hereof on the line in which in Column B there appears his weekly benefit amount, but has been paid an amount of wages for insured work equal to or greater than the amount appearing in Column C of the Table on the line immediately above the line on which appears his weekly benefit amount, shall be deemed to have qualified for the weekly benefit amount and the maximum total benefits in the benefit year appearing on the line in the Table immediately above the line in which falls the wages paid in the highest quarter of his base period."
Section 7. By striking sub-sections (a), (b), and (c) of Section 5 of the Act, except paragraphs (1) and (2) of sub-section (c), and substituting in lieu thereof the following sub-sections, to be known and designated as Section 5 (a), (b), and (c), namely:
Section 5 (a). For the week or fraction thereof in which he has left work voluntarily without good cause connected with his most tecent work, and for not less than the two and not more than the eight consecutive weeks of unemployment which immediately follows such week, as determined by the Commissioner according to the circumstances in each case, not counting the waiting period; provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d) hereof an amount equal to the amount such individual would have actually been paid as benefits in the first two weeks of said disqualification, and, in the discretion of the Commissioner, for any additional week of disqualification as set forth above, were he otherwise eligible except for this disqualification; and provided further that the Commissioner may waive the charging against benefits in any case where it appears that there was good cause for said voluntary leaving, though not connected with his most recent work.
(b) For the week or fraction thereof in which he has been discharged or suspended for misconduct connected with his most recent work, and for not less than the three and not more than the ten consecutive weeks of unemploy-

'WEDNESDAY, FEBRUARY 19, 1941

329

ment which imnwdiately follow such week, as determined by the Commissioner in each case according- to the seriousness of the misconduct not counting the waiting period; provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d) hereof an amount equal to the amount such individual would have actually been paid as benefits during the first three weeks of said disqualification, and, in the discretion of the Commissioner, for any additional week of disqualification as set forth above, were he otherwise eligible except for this disqualification.
(c) If he has failed without good cause, either to apply for available, l'Uitablc work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commissioner within the time prescribed by reg-ulation), or to accept suitable work when offered him, or to return to his customary self employment (if any) when so directed by the Commissioner. Such disqualification shall continue for the week in which such failure occurred, and for not less than the two and not more than the eig-ht consecutive weeks of unemployment which immediatPiy follow such week, as determined by the Commissioner according- to the circumstances in each case, not counting the waiting period; provided, however, that there shall be cha!g-ed ag-ainst the benefits to which the individual is entitled under Section 3 (d) hereof an amount equal to the amount such individual would have actually been paid as benefits in the first two \Veeks of said disqualification, and, in the discretion of the Commissioner, for any additional week of disqualification as set forth above, were he otherwise elig-ible except for this disqualification.
Section 8. By striking paragraph 1 of sub-section (a) of Section 7 and substituting in lieu thereof a new parag-raph to be known and designated as Section 7(a) (1), namely:
(a) Payment.
(1) On and after January 1, 1937, contributions shall accrue from each employer for each calendar year in which he is subject to this Act, with respect to wages payable for employment (as defined in Section 19 (h) occurring during such cale~1dar y~ar, except that an employer shall be subject to this Act during- the calendar year 1U:J7, only if such employer shall have had one or more individuals engaged in employment for some time during the period July 1, l~J:37, to December 31, 19:37, inclusive; provided, however, that after December 31, 1940, such contributions shall accrue from each employer with respect to wages paid for employment during each calendar year with respect to employment occurring after December :31, 1940. Such contributions shall become due and be paid by each employer to the Commissioner for the fund in accordance with such reg-ulations as the Commissioner may prescribe, and shall not be deducted, in '\\hole or in part, from the wages of individuals in such employer's employ.
Section 9. By stl'iking paragTaph 2 of sub-section (b) of Section 7 and substituting in lieu thereof new paragraphs to be known and designated as

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Section 7(b) (2) and (3), namely:
Section 7 (b) ( 2). Two and seven-tenths per centum with respect to employment during the calendar years 19:l8, 1939, and 1940.
( 3) Each employer shall pay contributions equal to two and seven-tenths per centum of wages paid by him during the year 1941, and during each ealendar year thereafter, with respect to employment occurring after December 31, 1!l40.
Section 10. By striking sub-section (c) of Section 7 and by substituting in lieu thereof a new sub-section to be known and designated as Section 7 (c), namely:
Section 7 (c). Future Rates Based on Benefit Experience.
( 1) The Commissioner shall maintain a separate account for each employer, and shall credit his account with all the contributions paid by him. Nothing in this Act shall be construed to grant ally employer or individuals in his service prior claims or rights to the amounts paid by the employer into the fund.
(2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his base-period employers. The amount of benefits so chargeable a.e;ainst each base-period employer's account shall be that proportion of the benefits paid to an individual which the baseperiod wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers.
( 3) The standard rate of contributions payable by each employer shall be 2.7 per centum.
(4) No employer's rate shall be reduced below the standard rate for any calendar year unless and until his account could have been chargeable with benefit payments throughout the thirty-six consecutive calendar months ending on the computation date (as herein defined) for that calendar year.
(5) For the year 1942, and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the payment of contributions, and 'With respect to benefits charged against their accounts, with a view to fixing such contribution rates as will reflect such benefit experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year.
(6) Variations from the standard rate of contributions shall be determ< ined in accordance with the following requirements:
"(i) If the total of all an employer's contributions paid on or before the last day of the month immediately following the computation date be with respect to wages paid by him on or before such computation date, exceeds the total benefits which were chargeable to his account and were paid on or before the last day of the month following the computation date with respect

WEDNESDAY, FEBRUARY 19, 1941

331

to weeks of unemployment beginning on or before such computation date his contribution rate for the ensuing calendar year shall be:".
(A) 2.25 per centum if such excess equals or exceeds 7 but is less than 8 per centum of his average annual payroll;
(B) 2.00 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual payroll;
(C) 1.75 per centum if such excess equals or exceeds 9 but is Jess than 10 per centum of his average annual payroll;
(D) 1.50 per centum if such excess equals or exceeds 10 but is less than 11 per centum of his average annual payroll;
(E) 1.00 per centum if such excess equals or exceeds 11 per centum of his average annual payroll.
(7) As used in this sub-section,
(i) The term "annual payroll" means the total amount of wages for employment paid by an employer during a 12 months' period ending on the computation date and the term "average annual payroll" means the average of the annual payrolls of an employer for the last three preceding 12-month periods;
(ii) The term "base-period wages" means the wages paid to an individual during his base-period for insured work;
(iii) The term "base-period employers" means the employers by whom an individual was paid his base-period wages;
(iiii) The term "computation date" means December 31, 1941 with respect to rates of contributions applicable to the year 1942 and June 30 of the preceding year with respect to rates applicable to the year 1943 and any calendar year thereafter.
(8) If on June 30 of any year the balance in the Unemployment Compensation Trust Fund is less than two and one-half (2 1-2) times the highest amount paid out in benefits in any one of the five preceding twelve-consecutivecalendar-months periods ending on June 30th o any year (or December 31, 1941 for the year 1942) ot Twelve and a Half Million (12,500,000.00) Dollars, whichever is the greater, the rate of contribution for the next calendar year immediately following said June 30 shall be 2. 7 per centum.
(9) The Commissioner shall by regulation provide for the notification of each employer of charges made against his account at intervals not less frequent than semi-annually. The charges in such notification shall be binding upon each employer for all purposes unless he files a request for review and redetermination in writing setting forth the charges to which he objects and the basis of such objection within fifteen days of such prescribed notification. Upon such request being filed the employer shall be granted an opportunity for a fair hearing, but no employer shall have standing, in any proceeding

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involving hi~ rate of contribution, to contest the chargeability to his account of any benefit paid in accordance with a determination, redl'tennination Dr decision pursuant to Section G of this Act except upon the ground that thP services on the basis of which such benefits were found to be chargeable did not constihtte services performed in employment for him, and only in the event that he was not a party to such determination, redetermination or decision, or to any other proceedings under this Act in which the character of such services was determined. The employer shall be promptly notified of the Commissioner's redetermination, which shall become final unless ,within 15 clays after the mailing of notice thereof to his last known address, .or, in the absence of mailing, within 15 clays after the delivery of such notice, a petition for judicial review is filed in the Superiot Court of Fulton County. In any proceeding under this sub-section the findings of the Commissioner as to the facts, if supported by evidence, and in thP absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Commissioner, and the Commissioner may, after hearing such additional evidence, modify his determination, and file such modified determination, together with a transcript of the additional record, with the court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under Section G of this Act and the Workmen's Compensation Law of this State. An appeal may be taken from the decision of the Superior Court of Fulton County to the Court of Appeals of Georgia in the same manner as is provided in civil cases.
(10) The Commissioner shall designate a committee composed of one representative of employers, one representative of employees, and one representative of the Bureau of Unemployment Compensation, which committee shall be constituted as a continuing committee for the purpose of conducting studies of experience rating and from time to time making recommendations to the Commissioner and Advisory Council as to desirable modifications and improvements of the law, procedures and regulations adopted in connPction with the experience rating program.
Section 11. By striking from the third line of Section 8, sub-section (b), the words and figures "8th clay of January", and substituting, in lieu thereof, the words and figures "31st day of :\'larch", so that said sub-section when so amended shall read as follows, namely:
Section 8 (b). Except as otherwise provided in sub-section (c) of this Section, an employing unit shall cease to be an employer subject to this Act only as of the 1st day of January of any calendar year, only if it files with the Commissioner, prior to the 31st day of March of such year, a 'written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different week within the preceding calendar year, within which such employing unit employed eight or more individuals in employment subject to this Act. For the purpose of this sub-section, the two or more employing units mentioned in paragraph (2) or (3) or

WEDNESDAY, FEBRUARY 19, 1941

333

(4) of Section 19(g) shall be treated as a single employing unit.
Section 12. By striking- from Section !J, sub-section (b) the fourth sentence thereof and by substituting, in lieu thereof, the following sentence, namely:
"Refunds payable pursuant to Section 14 and Section 19 (h) (7) (F) of this Act may be paid from the clearing account or the benefit account upon warrants issued by the treasurer under the direction of the Commissioner."
Section 13. By striking from Section 9, sub-section (b) the eighth and ninth sentences thereof and by substituting, in lieu thereof, the following sentences, namely:
"Such money shall be secured by the depository bank to the same extent and in the same mannet as required by the general depository laws of this State; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the State. The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Unemployment Compensation Fund as provided under this Act. Such liability on the official bond shall be effective immediately upon the enactment of this proYision, and such liability shall exist in addition to the liability upon any separate bond existent on the erfective date of this provision, or which may be given in the future. A!! sums recovered on any surety bond for losses sustained by the Unemployment Compensation Fund shall be deposited in said fund."
Section 14. By striking from Section !J, sub-section (c) in its entirety and by substitutin.g, in lieu thereof, a new sub-section to be known and designated as Section !J, sub-sectio'l (c), as follows, namely:
Section 9 (c). Money shall be requisitioned in this State's account in the Unemployment Trust Fund solely for the payment of benefits and refunds pursuant to Section 14 and Section 19 (h) (7) (F) hereof and in accordance with reg-ulations prescribed by the Commissioner. The Commissioner shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amount standing to this State's account standing therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the State Treasurer shall deposit such monies in the benefit account ,which shall be used solely for the payment of benefits upon requisition oi' the Commissioner as authorized herein. The Commissioner shall from time to time issue his requisition for a lump sum of money for the payment of benefits upon the treasurer who shall issue his warrant therefor to the Commissioner of Labor on the benefit account. (Withdrawal of such moneys in the benefit account or issuance of warrants thereon shall not be subject to any provisions of law requiring specific appropriations or other formal release of State officers of money in their custody). The Commissioner's requisitions for lump sum withdrawals to the State Treasurer for the payment of individual benefit claims shall not exceed in any event the balance

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of funds in the benefit account, and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts when received by the Commissioner from the State Treasurer shall be immediately deposited by the Commissioner in a "benefit payment account" maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary; provided that such bank or public depository shall be one in which general funds of the State may be deposited, but no public deposit insurance charge of premium shall be paid out of the fund; provided further that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this State governing depositories of State funds; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of this State. The Commissioner or his duly authorized representative is authorized to draw and issue his checks on the said "benefit payment accounts" for the payment of individual benefit claims. Expenditures of such monies in the benefit payment account shall not be subject to any p1ovisions of law requiring specific appropriations or other formal release by state officers of money in their custody. Any balance of monies requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account and the benefit payment account after the expiration of the period for such sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of benefits during succeeding periods, or in the discretion of the Commissioner shall be re-deposited with the Secretary of the Treasury of the United States to the credit of this State's account in the Unemployment Trust Fund as provided in sub-section (b) of this Section.

Section 15. By adding to Section 9 a new sub-section to be known and designated as Section 9 (e), namely:

Section 9 (e). Transfer of Funds to Railroad Retirement Board. N ol:lwithstanding any requirements of the foregoing sub-sections of this Section, the Commissioner shall, prior to 30 days after the close of this session of the Legislature, authorize and direct the Secretary of the Treasury of the United States to transfer from this State's account in the Unemployment Trust Fund, established and maintained pursuant to Section 904 of the Social Security Act as amended, to the Railroad Unemployment Insurance Account, established and maintained pursuant to Section 10 of the Railroad Unemployment Insurance Act, an amount hereinafter referred to as the preliminary amount, plus interest thereon at 2 1-2 per cent per annum from the date such amount is determined by the Social Security Board; and an additional amount, hereinafter referred to as the liquidating amount, plus interest at 2 1-2 per cent per annum from the date such amount is determined by the Social Security Board . The Social Security Board shall determine both such amounts after consultation with the Commissioner and the Railroad Retirement Board. The preliminary amount shall consist of that proportion of the balance in the Unemployment Compen-

WEDNESDAY, FEBRUARY 19, 1941

335

sation Fund as of June 30, 1939, as the total amount of contributions collected from "employers", (as the term 'employer' is defined in Section 1 (a) of the Railroad Unemployment Insurance Act), and credited to the Unemployment Compensation Fund, bems to all contributions theretofore collected under this Act, and credited to the Unemployment Compensation Fund. The liquidating amount shall consist of the total amount of contributions collected from 'employers', (as the term 'employer' is defined in Section 1 (a) of the Railroad Unemployment Insurance Act), pursuant to the provisions of this Act during the period July 1, 1939, to December 31, 1939, inclusive. This Section shall be effective upon the passage of this Act.
Section '16. By striking sub-section ( 1) of Section 11 and substituting in lieu thereof a new sub-section to be known and designated as Section 11(1), namely:
Section 11 ( 1). The Commissioner is also authorized to enter into arrangements with the appropriate agencies of other states or of the Federal Government ( 1) whereby wages Ol' services, upon the basis of which an indi' idual may become entitled to benefits U'lder the unemployment compensation law of another state or of the Federal Gavernment, shall be deemed to be \\ages for employment by employers for the purposes of Section 3 and Section 4 (e) of this Act, provided such other state agency or agency of the Federal (_iovernmcnt has agreed to reimburse the fund for such portion of benefits paid under this Act upon the basis of such wages or services as the Commis~ioner fir:ds will be fair and reasonable as to all affected interests, and ( 2) whereby the Commissioner will reimburse other State or Federal agencies charged with the administration of unemployment compensation laws with such rea:'onable portion of benefits, paid under the law of any such other states or of the Federal Government upon the basis of employment or wages for employment by employers, as the Commissioner finds will be fair and reasonable as to all affected interests. Reimbursements so payable shall be deemed to be benefits for the purposes of Section 3 (d) and 9 of this Act, but no reimbursement so payable shall be charged against any employer's account for the purposes of Section 7 of this Act. The Commissioner is hereby authorized to make other State or Federal agencies and receive from such other State or Federal agencies, reimbursements from or to the fund, in accordance 'vith arrangements pursuant to this Section.
Section 17. By adding to the second paragraph of sub-section (k) of Section 11, the following words:
"The Commissioner may request the Comptroller of the Currency of the United States, to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this Act, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 1606. (c) of the Federal Internal Revenue Code."
Section 18. By adding to Section 11 a new sub-section to be known and

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designated as Section 11 (m), namely:
Section 11 ( m). Privileg-ed Communications. All letters, reports, communications or any other matters, either oral or written, from the employer or employee to each other or to the Bureau of Unemployment Compensation or any of its agents, representatives or Pmployees '\\ hich shall have bePn written, sent, deliverPd, or made in connection with the requirements of the administration of this Act, shall be absolutely privileged and shall not be made the su-oject matter or basis for any suit or slander or libel in any court of the State of Georgia.
Section 1!J. By adding to the end of sub-section (a) of Section 12 the following sentence, namely:
"The Commissioner may cooperate with or enter into ag-reements with the Railroad Retirement Board with respect to the establishment, maintenance, and use of free employment service facilities."
Section 20. By striking the last sentence of sub-section (b) of Section 12 and substituting- in lieu thereof the following sentence, namely:
"For the purpose of establishing and maintaining frpe public employme'lt offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board, or any other ag-ency of the United States chargpd with the administration of any unpmploymcnt compensation la,w, with any political subdiYision of this State, or with any private, non-profit organization, and as a part ol any such ag-reement the Commissioner may accept monies, sprvices, or quarters as a contribution to the employme'1t service account."
SPction 21. By striking Section 13 in its entirety and substituting in lieu thereof a new Section to be known and designated as Section 13 (a) and (b), namely:
Section 1:3 (a). SpPcial Fund. There is hereby created in thP State Treasury a special fund to be known as the Employment Security Adminishation Fund. All monies which are deposited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with the provisions of this Act, and shall not lapse at any time or be transfence! to any other fund, and shall not be subject to the provisions of Sections 40-401 et. seq. of the Code of 1933 as amended. All monies in this fund which are received from the Federal Government or any agency thereof or which are appropriated by this State for the purposes described in Section 12 of this Act ~im!I be expe'1ded solely for the purposes and in the amounts found necessary hy the Social Security Board for the proper and efficient administration of this Act. The fund shall consist of all monies appropriated by this State, all monies received from the United States of America, or any agency thereof, including the Social Security Board, and all monies received from any other source for such purpose, and shall also include any mo'1ies received from any agency of the United States or any other State as compensation for services or facilities supplied to such agency, any amounts rccPived pursuant to any

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surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from monies in such fund, and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this Act. All monies in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for {)ther special funds in the State Treasury, except that monies in this fund shall not be commingled with other State funds, but shall be maintained in a separate account on the books of a depository bank. Such monies shall be secured by the depositary in which they are held to the same extent and in the same manner as required by the general depositary law of the State, and collateral pledged shall be maintained in a separate custody account. The State Treasurer shall be liable on 'his official bond for the faithful performance of his duties in connection with the Employment Security Administration Fund provided for under this Act. Such liability on the official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to any liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. All su111s recovered on any surety bond for losses sustained .by the Employment Security Administration Fund shall be deposited in said fund.
Section 13 (b). Reimbutsement of Fund. This State recognizes its obligation to replace, and hereby declares it to be the policy of this State that funds will be provided in the future, and applied to the replacement of any monies received after July 1, 1941, from the Social Security Board under Title III of the Social Security Act, any unencumbered balances in the Employment Security Administration Fund as of that date, any monies thereafter granted to this State pursuant to the provisions of the Wagner-Peyser Act, and any monies made available by the State or its political sub-divisions and matched by such monies granted to this State pursuant to the provi3ions of the WagnerPeyser Act, which the Social Security .Board finds have, because of any action or contingency, been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Social Security Board for the proper administration of this Act. Such monies shall be promptly replaced by monies appropriated for such purpose from the general funds of the State to the Employment Security Administration Fund for expenditure as provided in sub-section (a) of this Section. The Commissioner shall promptly report to the Governor, and the Governor to the Legislature, the amount required for such replacement. This sub-section shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.
Section 22. By striking sub-sections (a), (c), and (d) of Section 14 and substituting in lieu thereof new sub-sections to be known and designated as Sections 14 (a), (c) and (d), respectively:
Section 14 (a). Interest on Past Due Contributions. Contributions unpaid on the date on which they are due and payable as prescribed by the Com-

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missioner, shall bear interest at the rate of one-half per centum per month from and after such date until payment plus accrued interest is received by the Commissioner. Interest collected pursuant to this sub-section shall be paid into the Unemployment Compensation Fund.
Section 14 (c). Priorities under Legal Dissolution of Distributions. In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceedings contributions then or thereafter due shall be paid in full on a parity with all other tax claims. In the event of any employer's adjudication in bankruptcy, judicially confirmed extension proposal or composition under the Federal Bankruptcy Act of 1898 as amended contributions then or thereaftet due shall be entitled to such priority as is provided in that Act for taxes due any State or the United States.
Section 14 (d). Refunds. If not later than four years after the date of payment of any amount as contributions or interest thereon an employer who has made such payment shall make application for adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the Commissioner ~hall determine that such contributions or interest or any portion thereof was erroneously collected, the Commissioner shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made, the Commissioner shall refund said amount, without interest, from the fund. For like cause and within the same period, adjustment or refund may be so made on the Commissioner's own initiative.
Section 23. By striking paragraph (4) of sub-section (g) and by substituting in lieu thereof a new paragraph to be known and designated as Section 19, (g) (4), namely:
Section 19 (g) (4). Any employing unit which, together with one or more other employin,g units, engaged in related businesses, is owned ot controlled directly or indirectly by the same interests or \vhich owns or controls one or more other employing units engaged in related businesses, and which, if treated as a single unit with such other employing units or interests, or both, would be an employer under paragraph ( 1) of this sub-section.
Section 24. By adding at the end of Section 19 (g) a new sub-section, to be known and designated as Section 19 (g), sub-section 8, namely:
Section 19(g) (8). Nothing in this Act shall be construed to require an identical coverage to the Federal Unemployment Tax Act as amended, nor shall interpretations as to liability or non-liability by Federal administrative agencies be binding on the Georgia Bureau of Unemployment Compensation.
Section 25. By adding to Section 19 (g) a new paragraph to be known ~nd designated as Section 19(g) (7), namely:

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Section 19 (g) (7). Any employing unit, not an employer by reason of any other paragraph of this sub-section, for which services are performed within this State with respect to which such employing unit is liable for any Federal tax against which credit may be taken for contributions paid into a State Unemployment Compensation Fund; but such services performed for such employing unit shall constitute employment for the purposes of this Act only to the extent that such services constitute employment rwith respect to which such Federal tax is payable.
Section 26. By striking paragTaph (1) of sub-section (h) of Section 19 and substituting in lieu thereof a new paragraph to be known and designated as Section 19(h) (1), namely:
Section 19 (h) ( 1). "Employment" means any service performed prior to December 31, 1940, which was employment as defined in this Section prior to such date, and, subject to the other provisions of this sub-section, service performed after December 31, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.
Section 27. By striking paragraph (7) of sub-section (h) of Section 19, in its entirety, and substituting in lieu thereof the following paragraph to be known and designated as Section 19 (h) ( 7), namely:
Section 19 (h) (7). The term "employment" shall not include:
(a). Agricultural labor. The term "agricultural labor" includes all services performed:
(i) On a farm, in the employ of any employing unit, in connection with cultivating the soil, or in connection with raising, or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife.
(ii) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm.
(iii) In connection with the production or harvesting of naval stores products, or any commodity defined as an agricultural commodity in Section 15 (g) of the Federal Agricultural Marketing Act, as amended or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes.
(iv) In handling, planting, drying, packing, packaging, processing, frecz-

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ing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any aricultural or horticultural commodity; but o>1ly if f:uch service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural coinmodity after its delivery to a terminal market for distrib~tion for consumption.
As used in this sub-section, the term "farm" includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses o1 other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards.
(B) Domestic service in a private home, local college club, or local chapter of a college fraternity or sorority.
(C) Casual labor not in the usual course of the employing unit's trade or
busine~s.
(D) Service performed as an officer or a member of the crew of a vessel on the navigable waters of the United States.
(E) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother.
(F) Service performed in the employ of the United States Government or of an instrumentality wholly owned by the United States; except that if the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a State unemployment compensation. act, then to the extent permitted by Congress and from and after the date as of which such permission becomes effective all of the provisions of this Act shall be applicable to such instrumentalities and to services performed by employees for such instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers and employing units, provided, however, if this State should not be certified by the Social Security Board under Section 1603 of the Federal Internal Revenue Code for any year, then the payment required by such instrumentality with respect to such year shall be deemed to have been enoneously collected within the meaning of Section 7 of this Act and shall be refunded by the Commission from the fund in accordance with the provisions of Section 14 of this Act.
(G) Service performed in the employ of a State, or any political subdivisions thereof, or any instrumentality of any one or more of the foregoing which is 'Wholly owned by one or more states or political sub-divisions; and any service performed in the employ of any instrumentality of one or more states \H" political subdivisjons to the extent t)1at the instrumentalit is, wit)'! respect

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341

to such service, immune under the Constitution of the United States from the tax imposd by Section 1600 of the Federal Internal Revenue Code.
(H) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which insures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation.
(I) Service performed after June 30, 1939, in the employ of an "employer" as defined by the Railroad Unemployment Insurance Act, or, as an "employee representative" as defined by the Railroad Unemployment Insurance Act (52 Stat. 1094) and service with respect to which unemployment compensation is payable under an unemployment compensation system for maritime employees, or under any other unemployment compensation system, established by an Act of Congress; provided that the Commission is hereby authorized and directed to enter into agreements 'With the proper agencies under such Act or Acts of Congress, which agreements shall become effective ten days after publication thereof in the manner provided in Section 11 hereof for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this Act acquired rights to unemployment compensation under such Act or Acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such Act or Acts of Congress, acquired rights to benefits under this Act.
(J) (a) Service performed in any calendar quarter in the employ of any organization exempt from income tax under Section 101 of the Federal Internal Revenue Code, if:
(i) The renumeration for such services does not exceed $45.. 00, or
(ii) Such service is in connection with the collection of dues or premiums for a fraternal beneficiary society, ordE:r, or association, and is performed away from the home office, or is ritualistic service in connection with any society, order, or association, or
(iii) Such service is performed by a student who is enrolled and is regularly attending classes at a school, college, or university;
(b) Service performed in the employ of an agricultural or horticultural organization exempt from income tax under Section 101 (1) of the Federal Internal Revenue Code:
(c) Service performed in the employ of a voluntary employees' beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of such association or their dependents, if (i) no part of its net earnings insures (other than through such payments) to the benefit of any private shareholder or individual, and (ii) 85 per centum or more of

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the income consists of amounts collected from members for the sole purpose of making such payments and meeting expenses.
(d) Service performed in the employ of a voluntary employees' beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of such asso~iation or their dependents or their designated beneficiaries, if, (i) admission to membership in such association is limited to individuals who are officers or employees of the United States Government, and (ii) no part of the net earnings of such association inures (other than through such payments) to the benefit of any private shareholder or individual;
(e) Service performed in any calendar quarter in the employ of a school, college, or university, not exempt from income tax under Section 101 of the Federal Internal Revenue Code, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university, and the renumeration for such service does not exceed $45 (exclusive of room, board, and tuition) ;
(K) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to State law; and service performed as an interne in the employ of a hospital by an individual who has completed a four year's course in a medical school chartered or approved pursuant to State law;
(L) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.
(M) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission.
(N) If the services performed during one-half or more of any day period by an employee for the employing; unit employing him constitute employment, all the services of such employee for such period shall be deemed to be employment; but if the services performed during more than one-half of any such pay period by an employee for the employing unit employing him do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in this sub-section the term "pay period" means a period (of not more than thirty-one consecutive days) for which payment of remuneration is ordinarily made to the employee by the employing unit employing him. This sub-section shall not be applicable rwith respect to services performed in a pay period by an employee for the employing unit employing him, where any of such service is expected by paragraph 19 (1) (G) ( 1) of this Act.
Section 28. By striking sub-section (k) of Section 19 and substituting in

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lieu thereof a new sub-section to be known and designated as Section 19 (k), namely:
Section 19 (k). 'Unemployment'. An individual shall be deemed 'unemployed' in any week during which he performs no services and with respect to which no wages are payable to him, or in any week of less than full-time work if the wages payable to him with respect to such week are less than his weekly benefit amount. The Commissioner shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the Commissioner deems necessary. An individual compensated solely on a commission basis shall be deemed to be unemployed only upon the termination of his contract of employment.
Section 29. By striking sub-section (n) of Section 19 and substituting in lieu thereof the following sub-section to be known and designated as SecLion 19 (n), namely:
Section 19 (n). '\Vages' means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash, shall be estimated and determined in accordance 'with the rules prescribed by the Commissioner, provided, that the term 'wages' shall not include, after December 31, 1940:
(1) For the purposes of Section 3(b) (1), Section 4(e) and Section 7 of this Act that part of the remuneration which, after yemuneration equal to $3,000.00 has bee:1 paid to an individual by an employer with respect to employment during any such calendar year; and
(2) The amount of any payment to, or on behalf of, an employee under a plan or system established by an employer which makes provision for his employees generally Ol' for a class or classes of llis employees (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment), on account of (A) retirement, or (B) sickness or accident disability, or (C) medical and hospitalization expenses in connection with sickness or accident disability, or (D) death, provided the employee (i) has not the option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employer, and (ii) has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign ~uch benefit or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer; and
( 3) Dismissal payments 'Which the employer is not legally required to make; and

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(4) Payment by an employer (without deduction from the remuneration of any employee) of the tax imposed by Section 1400 of the Internal Revenue Code, as amended.
(5) Wages payable .to an individual for insured work performed prior to December 31, 1940, shall, for the purposes of Section 3(b) (1), (4) (e) and 7 (c) of the Unemployment Compensation Law as amended by this Act, be .deemed to be wages paid within the calendar quarter with respect to which such wages w-ere payable.
Section 30. By striking sub-section (r) of Section 19 and substituting in lieu thereof a new sub-section to be known and designated as Section 19 (r), namely:
Section 19(r). 'Benefit Year' with respect to any individual means the 52-consecutive-week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the 52-consecutive-week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of his last preceding benefit year. Any claim for benefits made in accordance with Section 6 (a) of this Act shall be deemed to be a 'valid claim' for the purpose of this sub-section if the individual has been paid the wages for insured work required under Section 4 (e) of this Act.
Section 31. By striking sub-section (s) of Section 19 and substituting in lieu thereof a new sub-section to be known and designated as Section 19 (s), namely:
Section 19 (s). 'Base Period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year.
Section 32. By adding to the end of Section 19 a new and additional sub-section to be known and numbered as Section 19 (t), namely:
Section 19 (t). 'Insured work' means employment for employers.
Section 33. By inserting between Section 19 and Section 20, a new Section to be known and designated as Section 20, namely:
Section 20. Transition Provisions.
(A) As used in this Section unless the context clearly requires otherwise:
( 1) 'Old Law' means the unemployment compensation law prior to its amendment by this Act.
(2) 'New Law' means the Unemployment Compensation Law as amended by this Act.
(3) 'Effective date' means the date upon which the new law becomes effective.

WEDNESDAY, FEBRUARY 19, 1941
B. Except as otherwise specifically provided in sub-section C of this Section, the nerw law shall be exclusively applicable with respect to any individual on and after the effective date. No provision of the old law shall be construed to limit or to extend the rights of any individual as fixed by the new law, after the new law becomes exclusively applicable with respect to such individual as provided in this Section.
C ( 1). With respect to any individual for rwhom there is current a benefit year, established pursuant to the old law, Sections 19 (s) (base period), 19 (r) (benefit year), and 4 (e) (qualifying wages) of the old law, and the weekly benefit amount determined pursuant to Section 19 (q), 3(b), 3(c), and 3(d) of the old law shall be exclusively applicable until the expiration of such current benefit year, except that:
(a) Notwithstanding any prov1s10n of Sections 19 (s) and 3 (d) of the old law to the contrary, the base period of such individual and the period usable in the determination or redetermination of his fulltime weekly wage, shall in no event extend beyond the last day of the next to the last completed calendar quarter immediately preceding the effective date, and
(b) Notwithstanding any provision of 8ection 4 (d) of the old or new law to the contrary, no waiting period shall be required of any such individual after the effective date and before the expiration of such current benefit year, and
(c) Notwithstanding any prov1s10n of rthe old law to the contrary, the weekly benefit amount and the maximum total benefits payable during such current year shall, if not a multiple of $1.00, be computed to the nearest multiple of $1.00, with respect to all weeks of unemployment occurring after the effective date.
(2) Sections 19(s), 19(r), 3(b), and 3(d), of the new larw shall be exclusively applicable with respect to such individual after the expiration of such benefit year.
Section 34. Saving Clause. The Legislature reserves the right to amend or repeal all or any part of this Act at any time; and there shall be no vested private rights of any kind against such amendment Or repeal. All the rights, privileges, or immunities conferred by this Act or by acts done pursuant thereto, shall exist subject to the power of the legislature to amend or repeal this Act at any time.
Section 35. If any provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 36. Effective Date. Except as otherwise provided in the context hereof this Act shall be effective on the first day of the first calendar quarter immediately following its passage.

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Section 37. All laws and parts of laws in conflict <\\'ith this Act be and the same are hereby repealed.
On the adoption of the substitute, the ayes were 32, nays 0, and 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
At this time, Senator Edenfield of the 4th took the chair.
Senator Redwine of the 26th asked unanimous consent that the Senate stand adjoumed at 12:45 p.m. today, fifteen minutes before the regular hour of adjournment, out of respect to Senator Mason of the 30th, who had suffered a bereavement in his family, and the consent was granted.
The following bill of the Senate was read the third time and put upon its passage.
By Senator Harrison of the 23rd: Senate Bill No. 110. A bill to amend Section 24-2713 of the Code of
1933 relating to the bond required of Clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes.
The report 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 hour of adjournment having arrived, Senator Edenfield of the 4th, acting for the President, announced the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, FEBRUARY 20, 1941

347

Senate Chamber, Atlanta, Georgia, Thursday, February 20, 1941.

The Senate met pursua1t to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by Dr. John L. Yost, pastor of the Lutheran Church of the Redeemer of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found conect.
By unanimous consent, the reading of the Journal was dispensed with.
By unanimous consent, the Journal of Tuesday, February 18, 1941, was confirmed.
By unanimous consent, the Journal of yesterday's proceedings was confirmed.
Senator Couch of the 52nd asked unanimous consent that the following 'bill of the Senate be recommitteJ to the Committee on Motor Vehicles: By Senator Edwards of the 6th and Campbell of the 4th:
Senate Bill No. 66'. A bill governing and regulating the use of the public roads and public highways of this State, according to recommendations of the Highway Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads; and for other purposes.
The consent was granted.
Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today, immediately after the period of unanimous com;ents.
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Reading bills and resolutions second time favorably reported.
4. Reading House bills first time for reference.
5. Special orders and orders of the day.
6. Putting on passage local uncontested bills and resolutions.
7. Consideration of general bills ready for passage.
The consent was granted.

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The following bills and resolutions of the Senate, were inhoduced, read the first time, and referred to committees:
By Senators Coker of the 39th, and Cannon of the 40th: Senate Bill No. 140. A bill to amend Section 56-1638 of the Code of
Georgia of 1933, relating to the issuance of benefit certificates by fraternal benefit societies or orders, by prohibiting the issuance of such cert.ificates commonly known and referred to as contingent endowment certificates to mon than one division or class established has been filled; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Coker of the 39th, and Cannon of the 40th: Senate Bill No. 141. A bill to further regulate industrial life insurance
companies by providing for the payment of death benefits or other benefits in the county of the residence of the insured; to repeal conflicting laws; and for other purposes.
Referred to Committee on Insurance.
By Senators Coker of the 39th, Edenfield of the 4th, Campbell of the 34th, and Couch of the 52nd:
Senate Bill No. 142. A bill to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this State; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Edenfield of the 4th: Senate Bill No. 143. A bill to amend an Act granting a charter to the
City of Kingsland, Georgia relative to the city limits; and for other purposes. Referred to Committee on Municipal Government.
By Senator Edenfield of the 4th: Senate Bill No. 144. A bill to amend an Act granting to the City of
Kingsland, Georgia, a charter approved August 15, 1927 so as to authorize the City of Kingsland to pass zoning and planning laws; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Houston of the 5)st: Senate Bill No. 145. A bill to amend an Act approved December 16,
1937, appearing on pages 145 to 150, inclusive, of Georgia laws of the extra session 1937-1938, and being an act to provide for homesteads exempt from certain taxation; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Drake of the 8th: Senate Bill No. 146. 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 Miller County by vote of its fiscal authority to issue warrant

THURSDAY, FEBRUARY 20, 1941

349

Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Garner of the 47th: Senate Bill No. 147. 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 Turner County by vote of its fiscal authority to issue Funding Bonds to pay off and retire the designated warrant indebtedness of said County; and for other purposes.
Referred to Committee on Amendments to Consttiution.
By Senator Lanier of the 18th: Senate Resolution No. 40-139A. A resolution proposing that House Bill
No. 157 be set as a special order of business for today. Referred to Committee on Rules.
By Senator Gross of the 20th: Senate Resolution No. 41-140B. A resolution proposing to the qualified
voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize Davisboro School District to incur a bonded indebtedness.
Referred to Committee on Amendments to Constitution.
By Senators Clark of the 44th, Fortson of the 50th, Hill of the 36th, Hraatey of the 13th, Edenfield of the 4th, and Campbell of the 34th:
Senate Resolution No. 42-140C. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political subdivision issuing such obligations.
Referred to Committee on Amendments to Constitution.
By Senator Fortson of the 50th: Senate Resolution No. 43-144A. A resolution proposing that the Senate,
and House of Representatives concurring, that the State Highway Department of Georgia be and the same is hereby authorized and directed to make to the Commissioners of Roads and Revenues of Wilkes County such restitution as may be authorized under the laws of this State and under the policies of the Highway Board; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Senator Milhollin of the 46th: Senate Resolution No. 44-144B. A resolution authorizing the State Li-
brarian to furnish the Clerk of Superior Court and Ordinary of Coffee County, Georgia, certain enumerated volumes of Georgia Supreme Court Reports and Georgia Court of Appeals Reports.
Referred to Committee on Public Library.

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The following privileged resolutions 'Were read and adopted: By Senator Edwards of the 6th:
A resolution extending the privileges of the floor to Prof. A. V. Folsome, Prof. Able, Ron. Will Wisenbaker, and the Ron. G. C. Daughtry, distinguished citizens of Lowndes County.

By Senator Redwine of the 26th: A resolution extending the privileges of the floor to the Ron. W. B. Holl-
ingsworth, distinguished citizen of Fayette County.

Senator Franklin of the 38th was granted leave of absence for Friday, February 21, 1941 and Monday, February 24, 1941 due to engagements in Superior Court.

The following communications were read for the information of the Senate:
House of Representatives U. S. Committee on Appropriations
l\'1. C. Tarver, 7th District, Georgia Washington, D. C.

Hon. Charles D. Red1Yine, President of the Senate, lion. Lindley W. Camp, Secretary of the Senate, Georgia State Capitol, Atlanta, Georgia.

February 18, 1941

Gentlemen:

I have the copy of the resolution adopted in the Ser:ate on February 13 in connection with Senate Bill No. 78.

I have been aware of the conditions with which your resolution deals for quite some time and in January I voted for an amendment by Representative Smith o:Z Virginia in connection with a naval appropriation bill which wot:lc! have corrected them so far as ship building activities are concerned, but there were only twenty-one of us who supported the amendment. \Ve shall make further efforts to secure the necessary legislation but at this time we se(Jn to be in the minority.

You may rest assured that I shall keep your views in mind a.Jd shall be glad to do anything I can at the proper time to remedy conditions at the Government emergency camps.

As you are probably aware, nearly all of these camps are being built by private contractors who have a free hand in selecting their own employees.

Very truly yours, M. C. Tarver.

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351

Congress of the United States House of Representatives
Robert Ramspeck,. 5th District Georgia washington, D. C.
February 18, 1941
Honorable Lindley W. Camp, Secretary of the Senate, State Capitol, Atlanta, Georgia.
Deat Lindley:
I appreciate your courtesy in sending me the copy of the Resolution adopted by the State Senate on February 13th about labor conditions on defense projects in Georgia.
I am familiat with this matter and have been working on it.
With kindest personal regards, I am
Sincerely yours, Robert Ramspeck.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 124. Do pass.
Senate Bill No. 125. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Dr. Coker of the 39th Dis~rict, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 126. Do pass.
Senate Bill No. 89. Do pass.

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Respectfully submitted, Coker of 39t~ district, chairman.
Mr. Dorsey of the 32nd 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 of Representatives and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 383. Do pass.
House Bill No. 38. Do pass. Senate Bill No. 134. Do pass.
Senate Bill No. 32. Do pass.
Senate Bill No. 107. Do pass.
Senate Bill No. 123. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Houston of the 51st 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 recommendations:
House Bill No. 39. Do pass.
Respectfully submitted, Houston of 51st district, chairman.
:vir. Clark of the 44th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 78. Do pass.
Respectfully submitted, Clark of 44th district, chairman.

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353

Mr. Drake of the 8th 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. 300. Do pass.
House Bill No. 374. Do pass as amended.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Daughtry of the 21st 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. 1:>::~. Do pass.
Senate Bill No. 136'. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
:\'Ir. 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 reecommendations:
House Bill No. 160. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mrs. Coxon of the 2nd District, Chairman of the Committee on Education and Public Schools No. 2, submitted the following report:
Mr. President:
YoUt Committee on Education and Public Schools No. 2 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

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Senate Bill No. 105. Do pass.
Respectfully submitted, Coxon of 2nd district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing have read and examined the following
b1lls of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Howse:
Senate Bill No. 25.
Senate Bill No. 35.
Senate Bill No. 39.
Senate Bill No. 106.
Senate Bill No. 109.
Senate Bill No. 110.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under co!lsideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 40. Do pass.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the follo,wing resolution of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendatio!ls:
Senate Resolution No. 39-138A. Do pass.
Respectfully submitted, Edenfield of 4th district, vice-chairman,

THURSDAY, FEBRUARY 20, 1941

355

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
By :vir. Ferguson of Camden: House Bill No. 399. A bill to be entitled an Act to repeal an Act in so
far as it applies to Camden County, entitled an Act to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties, and all Acts amendatory thereof in so far as they relate to Camden County; and for other purposes.
By Mr. Ferguson of Camden: House Bill No. 400. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for Camden County; and for other purposes.
By Mr. Rees of Webster: House Bill No. 410. A bill to be entitled an Act to reduce the official
bond of the sheriff of Webster County from $5000.00 to $2000.00; and for othe>r purposes.
By Mr. Gowen of Glenn: House Bill No. 414. A bill to be entitled an Act to amend an Act to
create a Board of Commissioners of Roads and Revenues for Glenn County; and in addition to the powers heretofore granted, to authorize said Board to levy and collect specific or occupational taxes on those who transact or offer to transact business without the incorporated limits of the City of Brunswick; and for other purposes.
By Mr. Rossee of Putnam: House Bill No. 417. A bill to be entitled an Act to amend the Act creating
a Board of Commissioners of Roads and Revenues for Putnam County; and to repeal an Amendatory Act thereto relieving the said Board of making monthly reports, publishing same, and employing a certified public acountant to make an annual audit; and to require said Board to publish a monthly report; and for other purposes.
By Messrs. Hunnicutt and Price of Clark: House Bill No. 418. A bill to be entitled an Act to amend an Act incor-
porating the Board of Education of Athens, by providing that said Board shall have increased powers with regard to the right to sell property held in the name of said Board, when it is determiend that said property is not necessary, and for other purposes.
By Mr. Gross of Stephens: House Bill No. 422. A bill to be entitled an Act to amend an Act to

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JOURNAL OF THE SENATE,

abolish the offices of Tax Collector and Tax Receiver of Stephens County, and to provide that the Tax Commiosioner shall be paid an annual salary for duties in regard to county and school taxes, a~d the fees allowed by law in duties in regard to State taxes.
By Mr. Dunn of Lamar: House Bill No. 424. A bill to be entitled an Act to amend the City
Charter of the City of Barnesville, s.o as to declare the maintenance of a dairy herd 'within two hundred yards of a public school building, playground, city auditorium, etc., a nuisance per se, and to provide for abatement, anrl for other purposes.
By Mr. Daves of Dooly: House Bill No. 425. A bill to be entitled an Act to amend an Act creating
a Board of Commissioners of Roads and Revenues for the County of Dooly, so as to provide for the redistricting of the County of Dooly; and for other purposes.
By Messrs. Goddard and Swint of Spalding: House Bill No. 427. A bill to be entitled an Act to reduce the official
bond of the Sheriff of Spalding County from $10,000.00 to $5,000.00, and for other purposes.
By Messrs. Wells and Lewis of Burke: House Bill No. 428. A bill to be entitled an Act to amend an Act entitled
an Act to create a Board of Commissioners of Roads a'ld Revenue;, for Bmke County, and to provide for the election of a clerk by the Board, and relic\inv; the Ordinary of duties of clerk; and for other purposes.
By }'[r. Dyal of Appling: House Bill No. 430. A bill to be entitled an Act to amend an Act >'n-
titled an Act to amend the Charter of the City of Baxley, so as to proviGP :f,Jr the appointment of two additional members of the Board of Education; and for other purposes.
By Messrs. Ford and Jones of Worth: House Bill No. 432. A bill to be entitled an Act to amend the Act creat-
ing the Board of Commissioners of Roads and Revenues of Worth County, so as to hereafter provide for election of Commissioners by voters of the entire county; and for other purposes.
By Mr. Wilbanks of Cherokee: House Bill No. 433. A bill to be entitled an Act to amend an Ac to
establish a new charter for the City of Canton, to authorize zonning and planning laws; and for other purposes.
By Messrs. Williams and Hardy of Jackson: House Bill No. 435. A bill to be entitled an Act to amend a'l Act jn-
corpurating the City of Commerce, so as to authorize the licen~ing and opera-

THURSDAY, FEBRUARY 20, 1941

357

til'n of box ball or bowling alleys within said City of Commerce; and for other purposes.
By Mr. Kea of Laurens: House Bill No. 437. A bill to be entitled an Act to amend an Act creating
a Board of Commissioners of Roads and Revenues of said County, so as to provide a different method for the publication of the reports of the Commissions o:i Laurens County; and for other purposes.
By Mr. Allison and Roberts of Gwinnett: House Bill No. 440. A bill to be entitled an Act to amend an Act cteat-
ing a new charter for the City of Buford, so as to provide in regard to the selection of a City Manager; and for other purposes.
By Mr. Gross of Stephens: House Bill No. 447. A bill to be entitled an Act to amend an Act in-
corporating the City of Toccoa, conferring upon said City the right and authority to distribute water without the city limits; and for other purposes.
By Mr. Rossee of Putnam: House Bill No. 455. A hill to be entitled an Act to amend an Act creatirg
a new charter for the City of Eatonton, by changing the method of selecting a city clerk, and providing for a recorder; and for other purposes.
By l\'Ir. Bradbury of Oconee: House Bill No. 456. A bill to be entitled an Act to amend the Act incor-
porating the City of Bogart, so as to change the dates for the opening and closing the list for the registration of voters; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 457. A bill to be entitled an Act to amend the Act in-
corporating the City of Riverdale, changing the time for electing Mayor and Aldermen; and for other purposes.
By :\1essrs. Drinkard of Lincoln, Evans of McDuffie, Pannell of Murray, Boone of Wilkinson, and Blease of Brooks:
House Resolution No. 59-32GB. A re-solution to memorialize the National Congress to authorize ar.d direct the Postmaster General of the United States to have printed and issued a stamp bearing the likeness of Thomas E. vVatson; and for other purposes.
By Senator Houston of the i5 1st: Senate Bill No. 22. A bill repealing an Act creating and establishing a
state-wide general election provided by law; and for other purposes.
By Senator Hill of t:1e 36th: Senate Bill No. 37. A bill to repeal an Act entitled "Meriwether Superior
Court-Two Terms" approved March 24, 1939, to provide for holding four terms in each year of the Superior Court of Meriwether; and for other purposes.

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By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th and Sumner of the lOth:
Senate Bill No. 42. A bill to authorize the Commissioner of Agriculture to exercise the power and duties imposed by law upon the State Veterinarian; and for other purposes.
By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th, and Sumner of the 1Oth:
Senate Bill No. 43. A bill to abolish the office of State Veterinarian as created in the Act approved February 17, 1937, and for other purposes.
By Senator Fortson of the 50th: Senate Bill No. 49. A bill to amend Section 32-917 of the Code providing
for the com;olidation of the school districts, for the holding of elections to pass on such consolidations, to provide for the declarations of results of such elections; and for other purposes.
The House has passed by the requisite two-thirds constitutional maj.ority, the following resolutions of the House, notwithstanding the veto of the Governor, to..n.vit:
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Resolution No. 13-32B. A resolution proposing to amend the Con-
stitution of Georgia so the City of Macon may exempt from taxation new buildings, machinery and equipment, and for other purposes.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Resolution No. 14-34A. A resolution to propose to the qualified
voters of Georgia an amendment to Article 7, Section 2, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon, with respect to territory hereafter acquired, to levy, for a maximum period of ten years, a less and varying property tax than that applicable to its present territorial limits; and for other purposes.
The President named the following committee to act under Senate Resolution No. 29-102A, adopted February 13, 1941, relative to State Senatorial reapportionment:
Senators Guyton of the 1st,
Drake of the 8th,
Smith Of the 24th,
Dobbs of the 22nd, as Chairman,
Couch of the 52nd,
Daughtry of the 21st,
Hamilton of the 42nd,

THURSDAY, FEBRUARY 20, 1941

359

Edward~ of the 6th,
Coker of the 39th,
Lanier .of the 18th.
The following bills of the Senate and House, favorably reported by the committees, 'Were read the second time:
By Senator Edwards of the 6th: Senate Bill No. 78. A bill to regulate labor organizations; to prohibit
them from seeking money from persons working on projects being financed by tax money; and for other purposes.
By Senators Drake of the 8th, Odom of the 9th, and Bradley of the 13th: Senate Bill No. 105. A bill to amend Section 7 of the Act establishing
the State Board of Education, prescribing its jurisdiction, powers, duties; and for other purposes.
By Senator Dobbs of the 22nd: Senate Bill No. 107. A bill to amend an Act of the General Assembly of
the State of Georgia, so as to further provide the method .of obtaining leave to sell property set apart as a years support and in which minor children have an interest; and for other purposes.
By Senators Edenfield of the 4th, Milhollin of the 46th and Steed of the 43rd: Senate Bill No. 123. A bill to amend Section 47-101 of the Code of
1933 relating to the apportionment of members of the House of Representatives among the several counties by re-apportioning the members of the House of Representatives among the several counties according to the last census of the United States; and for .other purposes.
By Senator Campbell of the 34th: Senate Bill No. 124. A bill providing for an additional and cumulative
method of fixing salaries or sole compensation for certain officers in certain counties; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 125. A bill to amend an Act approved March 24, 1939
changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and County taxes approved January 17, 1938; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 126. A bill to amend Chapter 95-15 of the Code of 1933
to relating to the law pertaining to the State Highway Department, providing
authority for the Highway Department to curb and pave sidewalks adjacent State Highways; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 132. A bill establishing a new charter for the City of

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JOURNAL OF THE SENATE,

Atlanta and the several Acts amendatory thereof; and for other purposPs.
By Senator Lanier of the 18th: Senate Bill No. 134. A bill to amend Section 113-1409 of the Code
relating to the filing of annual returns by administrators and executors; and for other purposes.
By Senator Franklin of the 38th: Senate Bill No. 136. A bill to amend Sections 3 and 18 of the act creating
a new charter for the City of Rockmart; and for other purposes.
By :.vlessrs. Bloodworth, Grice and \Veaver of Bibb: House Bill No. 38. A bill to amend Section 113-1018 of the Code of
1933 providing for distribution in kind of estates; and for other purposes.
By Messrs. \Veaver, Grice and Bloodworth of Bibb: House Bill No. 3H. A bill providing for the allowance to admi,listrators
and executors of compensation for delivering over property in kinrl; and for other purposes.
By Messrs. Vickers of Coffee and Holtzendorf of Ben Hill: House Bill No. 89. A bill to amend an Act designating the Highway
mileage by adding additional mileage in Coffee and Ben Hill Counties, from Broxton in Coffee to Fitzgerald in Ben Hill; and for other purposes.
By Messrs. Candler and Turner of DeKalb: House Bill No. 160. A bill to amend an Act creating and establishing a
new cha1ter and municipal government for the City of Decatur so as to enlarge the city limits; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 300. A bill to create a Board of Commissioners of Roads
and Revenue of Clayton County; and for other purposes.
By Mr. Dyal of Appling: House Bill No. 37 4. A bill to abolish the office of Tax Receiver and Tax
Collector of Appling County, to create the office of County Tax Commissioner; and for other purposes.
By Mr. Kendrick and Mrs. Mankin of Fulton: House Bill No. 383. A bill to permit certain outdoor amusements between
one and six p.m. in the City of Atlanta; and for other purposes.
The following message was received from His Excellency, the Governor: To the General Assembly of Georgia:
House Resolution No. 13-32B was transmitted to the Executive Department on the 1 lth day of February, 1H41, after duly passing the House and the Senate.
This resolution provided for an amendment so that the City of Macon may

THURSDAY, FEBRUARY 20, 1.941

361

exempt from taxation new building~, machinery and equipment, or any additions to new buildings, all machinery or equipment for a period of five years, and place~ this exemption power in the governing body of said City of Macon.
This House Resolution and constitutional amendment has been vetoed for the following reasons:
I am of the opinion that it is an unsou1d practice to exempt any property from taxation. Certainly is thi~ true in regard to commercial property, busine~s property on 'Which the investors are ~;ceking a profit.
Any business must be protected by our courts, our peace officers, sheriffs, police and fire departments.
All of this protection costs money aYJd must be paid by the other taxpayers. It is wrong for one class of our citizens to employ a special privilege and have their property exempt from taxes at the expense of other citizens of the State. The other citizens of the State would have no interest in the property, no ownership. Yet, it would be costing them money in the form of taxes on their property to protect this commercial property from taxation.
In 1D3Ei a committee from out of the State called on the Chief Executive with a program of exempting certain property in the neighborhood of Savannah from taxation for a period of fivL' years. At this conference I submitted to them the above reason why I object to this exemption.
I further submitted to them that any special exemption would breed favoritism and might develop into a trap to induce other business to come to our State and develop, which v,:ould result in placing an exorbitant tax on them for exempting it on some other citizen.
This reasoning appealed to this committee that was contemplating co:ning into the State of Georgia, and they wrote me a letter expressing their approval of this logic, and did come into the State and develop a large industry with a large payroll.
House Resolution No. 14-34A was also forwarded to the Executive Department on the 1Oth day of February, 1!J41, after duly passing both branches of the General Assembly.
House Resolution No. 14-34A is a constitutional amendment, and the governing officials of the City of Macon, through this amendment, are seeking autho1ity for levying a varied tax rate on the citizens and property in the City of :vlacon for a period of ten years.
In other words, to levy in their discretion a certain levy on one citizen, and be granted the right to levy twice as much on the citizen next door, although he might be poorer and making less money.
This is class legislation, a!d is certainly dangerous to incorporate in the Constitution of the State of Georgia. Suppose such a type of class legisla-

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JOURNAL OF THE SENATE,

tion should spread all over our State. where rwould we be?

For the above reason I have vetoed House Resolution No. 14-34A.

Should the General Assembly of Georgia see fit, in their wishes, to override the veto, I respectfully bow to their judgment, and will see to it that these two resolutions appear on the ballot for ratification by the voters of Georgia.
Respectfully, Eugene Talmadge, Governor.
Senator Dobbs of the 22nd moved that the Senate take up the following resolution of the House for the purpose of considering the veto of the Governor:
By Messrs. Grice, Bloodworth and Weaver of Bibb: House Resolution No. 13-32B. A resolution amending the Constitution
so the City of Macon may exempt from taxation new buildings, machinery and equipment; and for other purposes.
The motion prevailed.

Senator Dobbs of the 22nd moved that House Resolution No. 13-32B be put upon its passage, notwithstanding the veto of the Governor, and the motion prevailed.

On the adoption of the resolution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry Dobbs Dorsey Drake

Edenfield Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Houston Kiker Lanier Lewallen

Voting in the negative was Senator Edwards.

McGehee Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Adams, Almand, Bargeron, Holt, Kirkland, Martin, Mason, and Milhollin.

THURSDAY, FEBRUARY 20, 1941

363

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

On the adoption of the resolution, the ayes were 42, nays 1.

The resolution, having received the requisite constitutional two-thirds majority, was adopted notwithstanding the veto of the Governor.

Senator Dobbs of the 22nd moved that the Senate take up the following resolution of the House for the purpose of considering the veto of the Governor:

By Messrs. Weaver, Bloodworth and Grice of Bibb:
House Resolution No. 14-34A. A resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 1, of the Constitution so as to authorize the City of Macon with respect to territory hereafter acquired, to levy, for a maximum period of 10 years, a less varying property tax than that applicable to its present territorial limits; and for other purposes.

The motion prevailed.

Senator Dobbs of the 22nd moved that House Resolution No. 14-34A be put upon its adoption, notwithstanding the veto of the Governor, and the motion prevailed.

On the adoption of the resolution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry Dobbs Dorsey Drake

Edenfield Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Houston Kiker Lanier Martin

McGehee l\1 ilhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Voting in the negative was Senator Edwards.

Not voting were Senators: Adams, Almand, Bargeron, Holt, Kirkland, Lewallen, Mason and Smith of 35th.

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

On the adoption .of the resolution, the ayes were 42, nays 1.

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JOURNAL OF THE SENATE,

The resolution, having- received the requisit~ constitutional two-thirds majority, was adopted notwithstanding- the veto of the Governor.
The following- bills and resolution of the House were read the first time and referred to committees:
By Mr. Ferguson of Camden: House Bill No. 39D. A bill to repeal an Act in so far as it applies to
Camden County, to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties; and for other purposes.
Refened to Committee on Counties and County Matters.
By Mr. Ferg-uson of Camden: House Bill No. 400. A bill to create a Board of Commissioners of Roads
and Revenues for Camde'1 County; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Rees of \\' ebster: House Bill No. 410. A bill to reduce Bond of Sheriff of Webster County;
and for other purposes. Referred to Commitee on Counties and County Matters.
By l\'Ir. Gowen of Glynn: House Bill No. 414. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenue for Glynn County; and for othet purposes. Referred to Committee on Counties and County Matters.
By Messrs. Hunnicutt and Price of Clarke: House Bill No. 418. A bill to amend an Act incorporating the Board of
Education of Athens; and for other purposes. Referred to Committee on Education and Public Schools No. 1.
By :Mr. Gross of Stephens: House Bill No. 422. A bill to amend an Act to abolish the offices of Tax
Receiver and Tax Collector of Stephens County; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Dunn of Lamar: House. Bill No. 424. A bill to amend the charter of the City of Barnes-
ville; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Rossee of Putnam: House Bill No. 417. A bill to amend an Act creating a Board of Com-
missioners of Roads and Revenues for the County of Putnam; and for other purposes.
Referred to Committee on Counties and County Matters.
By ~ir. Daves of Dooly:

THURSDAY, FEBRUARY 20, 1941

365

House Bill No. 425. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Goddard and 811 int of Spalding: House Bill No. 427. A bill to reduce the bond of the Sheriff of Spalding
County from ten thousand dollars to five thousand dol'.ars; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. \Veils a!HI Lewis of Burke: House Bill No. 428. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Burke; and for other purposes.
Referred to Committee on Counties and County Matters.
By :Mr. Dyal of Appling: House Bill No. 430. A bill to amend an Act to amend the charter of the
City of Baxley; and for other purposes. Referred to Committee on ::Vlunicipal Government.
By Messrs. Ford and Jones of \Vorth: House Bill No. 4~2. A bill to amend the Act to create and establish a
Board of Commissioners of Roads and Revenues of Worth County; and for other purposes.
Referred to Committee on Counties and County ,Matters.
By :\1r. Wilbanks of Cherokee: House Bill No. 43:3. A bill to amend an Act to establish a new charter
for the City of Canton; to provide power and authority for the enactri1cnt and pacsage of Zoning and Planning Laws; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Williams and Hardy of Jackson: House Bill No. 435. A bill to amend an Act incorporating the City of
Commerce so as to allow the Mayor and Council to license the operation of Box Ball or Bowling Alleys within the city limits; and for other purposes.
Referred to Committee on ::\-1unicipal Government.
By :\ir. Kea of Laurens: House Bill No. 437. A bill to amend an Act creating the Board of Com-
mi~sioners of Roads and Revenues for the County of Laurens, defining its powers, duties and functions; and for other purposes.
Referred to Committee O'l Counties and County Matte>rs.
By Messrs. Allison and Roberts of Gwinnett: House Bill No. 440. A bill to amend an Act to create a new charter and

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JOURNAL OF THE SENATE,

municipal government for the City of Buford; and for other purposes. Referred to Committee on Municipal Government.

By Mr. Gross of Stephens: House Bill No. 44 7. A bill to amend an Act incorporating the City of
Toccoa, and all Acts amendatory thereto; and for other purpo~cs.
Referred to Committee on Municipal Government.

By Mr. Rossee of Putnam: House Bill No. 455. A bill to amend the Act approved August 5, 1908,
creating and establishing a new charter for the City of Eatonton; and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Bradbury of Oconee: House Bill No. 456. A bill to amend an Act to amend the charter of
Bogart, in Oconee County so as to provide for elections to fill vacancies of the Mayor and Council; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Wells of Clayton: House Bill No. 457. A bill to amend an Act to incorporate the Town of
Riverdale, in the County of Clayton, to prescribe its limits; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Drinkard of Lincoln, Evans of McDuffie, Pannell of Murray, Boone of Wilkinson and Blease of Brooks:
House Resolution No. 59-326B. A resolution to mcmotializc the National Congress to authorize and direct the Postmaster General of the United States to have printed and issued a stamp bearing the likeness of Thomas E. watson; and for other purposes.
Referred to Committee on State of Republic.
The following resolutions of the Senate, favorably reported by the Rules Committee, were read and adopted:
By Senator Lanier of the 18th: Senate Resolution No. 40-139A. A resolution proposing that House Bill
No. 157 be set as a special order for today.
By Senator Coxon of the 2nd: Senate Resolution No. 39-138A. A resolution proposing that Senate Bill
No. 61 be set as a special order for Thursday, February 20, 1941.
The following bill of the House was read the third time and put upon its passage:

THURSDAY, FEBRUARY 20, 1941

367

By Mr. Lovett of Laurens: House Bill No. 157. A bill providing for the auditing of claims against
the Highway Department, and approval of such claims for payment by the Highway Chairman, Governor and State Auditor; and for other purposes.
Senator Lanier of the 18th offered the following amendment:
Senator Lanier of the 18th moves to amend House Bill No. 157 by adding a new Section to immediately follow Section 5 of the bill to be numbered Section 5A, to read as follows:
No acknowledgement, evidence of debt or chose in action issued by virtue of this Act shall bear any interest for the past or future.
On the adoption of the amendment, the ayes were 32, nays 2, 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 32, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
Under the order of special orders and orders of the day the following bill of the House was read the third time and put upon its passage.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 388. To amend an Act establishing a new charter for the
City of Atlanta, and the several acts amendatory thereof, so as to extend the territorial limits of said City; and for other purposes.
The Committee on Municipal Government offered the following substitute which was adopted:
Senate Substitute for House Bill No. 388. A BILL
An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 187 4, and the several Acts amendatory thereof, so as to extend the territorial limits of said City of Atlanta; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be amended as follows:
Section 1. The territorial limits of said City are hereby extended so as to include and embrace therein the following tract of land, to-wit:
"All that tract or parcel of Janel lying and being in Land Lot 51 of the 17th District of Fulton County, Georgia, and more particularly described as

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JOURNAL OF THE SENATE,

fol!OW8;
"Beginning on the southeastern side of Wildwood Place at a point located two hundred eighty-seven (287) feet nol'theasterly from the corner formed by the intersection of the north side of Pelham Road and the ea~tem side of Wildwood Place, (if said street lines were extended to form an angle instead of a cune) said beginning point being at the northwest comer of Lot 1 in Block "E" of the plot hereinafter referred to, a"ld running thence northeasterly along the southeastern side of Wildwood Place one hundred eight and seventenths (108.7) feet to Lot 2 in said Block; thence southeasterly along the southwcstem side of Lot 2, one hundred seventy-six and one-tenth (176.1) feet; thence westerly sixty-nine and one-tenth (69.1) feet to an iron pin; thence northwesterly one hundred fifty-one and five-t~'nths ( 151 .fi) feet to \Vildwood Place and the point of beginning, being Lot 1 in Block "F:" of the plat of North }'!orningside by Geo. D. Newton, C. E. dated May 19:W and recorded in Plat Book 21, Page 34, Fulton County Records.
A portion of the above described property is already located within the limits of the City of Atlanta, but it is the purpose and intent of this Act to i:lclude all of the above described property in the City limits of the City of Atlanta.
"Also, all that tract or pmcel of land lying and being in Land Lot 51 of tlw 17th District of Fulton County, Georgia, n'ore patticularly described as follows:
"Begin1ing at the corner formed by the intersection of the northeast side of Rock Springs Road with the northwest side of \Vildwood Road (if said street lines were extended forming an angle inskad of a curve) running thence in a northwesterly direction alo'1g the northeasterly side of Rock Springs Roac! one hundred eighty-five (18fi) feet to thcsouthwestelly corner of Lot 1 in Block B of the plat hereinafter re;'crred to; thence northeasterly along the southeast side of said Lot 1 a distance of one hundred sixty-one ( 161) feet, to Lot 16, thence southeasterly along the southwest side of Lot 16 a distance of seve'1tyfive ( 75.) feet to \Vild,vood Road; thence southwesterly along the nort1wcsterly side of Wildwood Road a distance of two hundred (200) feet to Rock Springs Road and the point of beginning, being Lot 17 in Block "B" o;' the plat of Ncrth }'[omir.gside by Geo. D. Newton, C. F:., dat~d :\lay 1939 and recorded in Plat Book 21, Page 34, Fulton County Records.
A portion of the above described property is already located within the limits of the City of Atlanta, but it is the purpose and intent of this Act to include all of the above described property in the city limits of the City of Acianta.
Section 2. On and after January 1, l!J42, the power and authority of the City of Atlanta under its charter and ordinances, and all la-ws appertain:n.~ to said City as a municipality, are hereby extended over and made effective in every part o:" the territory included withi1 the limits above described, a~ fully and completely as they now exist within the present territorial limits.

THURSDAY, FEBRUARY 20, 1941

369

Sail new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of said bonds equally with the former territory of the City of Atlanta.
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 by substitute, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate, reconsidered February 17, 1941, was taken up for consideration:
By Senator Coxon of the 2nd: Senate Bill No. 61. A bill to protect property by making criminal certain
unlawful entries on, injuries to and interferences with property, authorizing the closing of highways, and to provide penalties; and for other purposes.
Senators Odom of the 9th, Drake of the 8th, Lanier of the 18th, Couch of the 52nd, Kirkland of the 49th, and Bradley of the 13th offered the following amendment:
:'doves to amend Senate Bill No. 61 as follows:
By adding in Section 1 imm'"diately after the last paragraph of said Section a new paragraph to read as follows:
The definitions above shall be and are only for the interpretation and co~1struction of this Act and shall extend to no other Act and shall not enlarge or change the meaning of the \vords "Highway", "Highway Authority" "Public Utility" as used in any other Act passed or hereafter passed.
The amendment was adopted.
Senator Coxon of the 2nd offered the following amendment, which was adopted:
To amend Senate Bill No. 61, entitled "A bill to be entitled an Act to protect property by making criminal unlawful entries on, injuries to and interferences with property, authorizing the closing of highways, and to provide penalties; and for ot:1er purposes."
By adding to Section 11, the following <words. "Nothing in this Act shall be deemed or construed so as to interfere with or impede or in any way diminish the right to strike." So that Section 11, when amended shall read as follows:
Section 11. Rights of Labor.
Nothing in this Act shall be construed to impair, curtail or destroy the

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JOURNAL OF THE SENATE,

rights of Employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. Nothing in this Act shall be deemed or construed so as to interfere with or impede or in any way diminish the right to strike.
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 4.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senator Coker of the 39th: Senate Bill No. 103. A bill to provide payment by counties in this State
having a population according to the census of 1\J40 of not less than 20,130 nor more than 20,140, of actual cost incurred in Superior and City Courts for the trial and conviction of misdemeanor convicts worked by said County upon public roads of same; 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Campbell of the 34th: Senate Bill No. 121. A bill to amend an Act to abolish the office of
Tax Receiver and Tax Collector of DeKalb County; to fix the term and compensation of said officer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Musgrove of Baker: 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, incorporating in the Code of Georgia, 1933, Section 2-5501, so as to authorize Baker County 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 and paying of all county warrants and-or

THURSDAY, FEBRUARY 20, 1941

371

county orders, notes, judgments, open accounts and other liquidated and-or unliquidated demands outstanding and unpaid as of January 1, 1942, irrespective of the tax levy for the year of 1941, for which Baker County may be liable as principal, guarantor or otherwise, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are used; to authorize the assessment and collection of an annual tax sufficient to pay the principal and interest of said bonds as they become due; to fix the rate of interest, the date of issuance and other details incident to the issue and sale of said bonds; to provide for an election in Baker County on 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), seven, Section Seven (7), Paragraph One (1), of the Constitution of Georgia, incorporated in the Code of 1933 as Section 2-5501, which has heretofore b11en amended shall be further amended by adding at the end thereof a new paragraph to be 'Worded as follows, to-wit:
"And except, that Baker County 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 $100,000.00 for the payment and retirement of the deficit and current indebtedness of Baker County the same being represented by judgments, notes, county warrants and-or county orders, open accounts and other liquidated and-or unliquidated demands for which Baker County may be liable as principal, guarantor or otherwise, outstanding and unpaid as of January 1, 1942, irrespective of the tax levy of Baker County for the year of 1941 and irrespective of the purpose and-or purposes for which said tax levy for the year of 1941 was made; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five ( 25) years. The proceeds of all such bonds so issued by Baker County shall be used exclusively for the purpose of paying and retiring said outstanding and unpaid notes, judgments, open accounts and county 'Warrents and-or county orders, and other liquidated and-or unliquidated demands as of January 1, 1942, for which said Baker County may be liable as principal, guarantor or otherwise. Said bonds shall be issued and validated with the assent of a majority of the qualified voters of Baker County, voting in an election, and at an election called therefor, the voters authorized to vote in said bond election shall be those voters who were eligible to vote in the last general election preceding the bond election herein provided for.
The necessity for the issuance of said bonds shall be determined by a majority vote of the Commissioners of the roads and revenues of Baker County and the calling of the election for the issuance of said bonds shall be determined by a majority vote of said board of commissioners. It being left in the

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discretion of said board of commissioners, and not being mandatory on said board to call said election.

The Board of Commissioners of Roads and Revenues of Baker County, by a majority vote of. said board, is hereby authorized and empowered to fix the rate of interest, not to exceed five (5) per cent. per annum, the date Qf issuance and all other details incident to the iHsue and sale of said bonds. Said bonds shall be validated in the manmr and under the JH'OCldure, 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 "nayes" thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in each CongTessional 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 rejectio'1. All persons voting- at said election in favor or adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of an amendment to Article 7, Section 7, Parag-raph 1, of the Constitution, so as to authorize Baker County to issue bo11ds for the retirement of indebtedness clue and unpaid as of Janua1y 1, 1!!42", and if a majority of the electors, qualified to vote for members of the GLneral Assembly, voting thereon, shall vote for ratification thereof, "hen the result shall be consolidated as now required by law in election for members of the General Assembly, then said amendme:1t shall become a part of Article seven (7), Section seven (7), Paragraph one (1) of the Constitution of the State of Georgia, and the Govemor shall make proclamation thcrefor as provided by law.
Section a. Be it further enacted, that all law::; or parts_ of laws in conilict
herewith be, and the amc is hereby repealed.

The repo1t of the committee, which was favorable to the passag-e of the bill, was agreed to.

The bill proposing an aml:ndnwnt to the Constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senator::>:

Barnhill Bland Bradley Burnside Campbell Clark Coker Couch

Coxon Daughtry Dobbs Dorsey Drake Edwards Fortson Fo:ster

F1anklin Garner Gross G;.1yton Hamilton Hill Holt Houston

THURSDAY, FEBRUARY 20, 1941

373

Kiker Lanie1 Lewallen Martin McGehee Milhollin

Mosley Odom Park Hagan Rowland Smith, 24th

Steed Sumner Wall whaley

Not voting were Senators: Adams, Almand, Bargeron, Cannon, Edenfield, Harrison, Kirkland, Mason, Pilcher, Smith of 35th, and Striplin.

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

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional two-thirds majority, was pa~sed.

By Mr. Clements of Calhoun:
AN ACT
To propose to the qualifiC'd voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of t:1e Constitution of Georgia, so as to authorize Calhoun County by vote of its fiscal authority to issue, in addition to all other funds, funding bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said 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 depository s!1all 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 legalize tax levied and to authorize the levy and collection of a tax in the currer1t year for use, all or in part, for the operation of said county for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fi~cal authority of said county to make provision for paying off and retiring said bomls; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated wanant indeht('(lness; to provide for the submission of this amendment for ratification or rejection by the people, and for otht>J" purposes:

Be it enacted hy the General Asst>mbly of the State of Georgia, and it is hereby enacted by authority of same:

Section 1. That Articlt> 7, SC'ction 7, Parag-raph 1, of the Constitution of Georgia \\ hich has h('l'eto l"orp betn amended, shall be further amended by adding tlwrPto a paragraph in the following words and language, to-wit:
Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Calhoun County

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JOURNAL OF THE SENATE,

is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtednes~ of said county, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than (]0 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds."
In the event the privilege granted herein is exercised by said County after said elate as so determined by said governing authority, said County and the governing authority thr.reof are prohibited from issuing warrants and deferred payment onlel's 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 County shall be paid monthly, that is at the next monthly meeting after such purchase is made, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered or any purchase made unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all !'!Uch checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the clerk of said governing authority of said County. with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution, said temporary loans must be repaid during the said fiscal year; with the further right hereby vested in said Board or other equivalent fiscal authority and they are hereby required to budget and limit the cost and expenditures of, the various officers and departments of said County to an amount never in excess of income, other than the schools, and the courts thereof and 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. All tax levies for lawful County purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful county purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.

Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said county, provided, ho,wever, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the asse!'!sment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as

THURSDAY, FEBRUARY 20, 1941

375

they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said county, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Calhoun County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 "nayes" thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in eac:h Congressional distTict 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 re.jection. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have rwritten 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 Calhoun County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Calhoun County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, 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 la,ws 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 Toll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Barnhill Bland Bradley Burnside Cannon

Clark Coker Couch Daughtry Dobbs

Dorsey Drake E.dwards Fortson Franklin

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JOURNAL OF THE SENATE,

Garner Gross Guyton Hamilton Hill Holt Houston Kiker

Lanier Lewallen Martin McGehee Milhollin Mosley Odom Patk

Ragan Rowland Smith, 24th Steed Sumner Wall Whaley

Not voting were Senators: Adams, Almand, Bargeron, Campbell, Coxon, Edenfield, Foster, Harrison, Kirkland, Mason, Pilcher, Smith of 35th, and Striplin.

By unanimous consent, the verification of the roll call was dispcn::>~cd with.

On the passage of the bill, the ayes were :!8, nays 0.

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

By Mrs. Mankin of Fulton: House Resolution No. 11-20A. A resolution to relieve George Macris
from payment on surety bond upon payment of accrued costs; and for other purposes.
The report of the committee, which was favorable to the adoption of the l'esolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted. By M1. Joiner of Cook:
A RESOLUTION To pvopose 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 Sparks-Adel Consolidated School District, of Cook County, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of Georgia, for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of February 1, 1941, and which becomes due up to and including February 1, 1945; 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, past due and unpaid on February 1, 1!141, or which may become due up to and including February 1, 1945; 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. That Article 7, Section 7, Paragraph 1, of the Constitution of

THURSDAY, FEBRUARY 20, 1!141

377

Georgia, as heretofore amended, be further amended by adding at the end thereof a new paragraph, in the following words, to-wit:

"And except that Sparks-Adel Consolidated School District of Cook County may issue refunding bonds not in excess of the aggregate sum of $22,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on February 1, 1!)41, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including February 1, 1945, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by Sparks-Adel Consolidated School District of Cook County to be used exclusively for the ptapose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of February 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including February 1, 1945. Said refunding bonds shall be issued when authorized by a resolution by the Board of Trustees of Sparks-Adel Consolidated School District, and shall be validated as provided by law."

Section 2. When this amendment shall be agreed to by a two-thirds vote of the members of each House, and the "ayes" and "nays" thereon entered upon the journal of each House, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the Act approved March 24, 1939 (Ga. Laws 1939, pp. 305-307).

Section 3. All laws or parts of laws in conflict herewith are hereby repealed.

The report of the committe>, which was favorable to the adoption 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:

Barnhill Bradley Bu.rnside
Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake Edwards

Fortson Franklin Garner Gross Guyton Hamilton Hill Holt Houston Lewallen Martin McGehee

Milhollin Mosley Odom Park Ragan Rowland Smith, 24th Steed Sumner Wall Whaley

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JOURNAL OF THE SENATEJ

Not voting were Senators: Adams, Almand, Bargeron, Bland, Campbell, Coxon, Edenfield, Foster, Harrison, Kiker, Kirkland, Lanier, Mason, Pilcher, Smith of 35th, and Striplin.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By Senator Couch of the ~2nd: Senate Bill No. 32. A bill to amend Paragraph 8, Section 24-2715: of the
Code of 1933 relating to additional duties of Clerks of Superior Court; and for other purposes.
Senator Couch of the 52nd moved that Senate Bill No. 32 be recommitted to the Committee on General Judiciary No. 2, and the motion prevailed.
By Senators Edwards of the 6th and Campbell of the 34th: Senate Bill No. 67. A bill to repeal Section 68-1001 of the Code of 1933
providing for authority to State Revenue Commission to negotiate reciprocal agreements relative to the license tags of motor carriers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, ''>'as 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 Edwards of the 6th and Sumner of the 1Oth:
Senate Bill No. 73. A bill to amend the Entomology Act of 1937, establishing a State Department of Entomology; and for other purposes.
Senator Edwards of the 6th moved that Senate Bill No. 73 be postponed and set as special order on Tuesday, February 25, 1941, and the motion prevailed.
By Senator Fortson of the 50th: Senate Bill No. 77. A bill to authorize housing authorities to undertake
the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in National Defense 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
At this time Senator Clark of the 44th arose to a point of personal priv-

THURSDAY, FEBRUARY 20, 1941

379

ilege and addressed the Senate.
The following privileged resolution was read and adopted:
By Senator Clark of the 44th: A resolution expressing the regret of the Senate on the passing of the
Ron. Thomas B. Carroll, a former member of the General Assembly and the last Confederate soldier of Catoosa County.
By Senator Couch of the 52nd: Senate Bill No. 76. A bill to amend Section 27-2702 of the Code relating
to the powers of courts to place offenders on probation by further enlarging the powers of courts as to cases of abandonment or bastardy; and for other purposes.
Senator Couch of the 52nd moved that Senate Bill No. 76 be recommitted to the committee on Uniform Laws, and the motion prevailed.
Senator :.\1ilhollin of the 46th moved that when the Senate adjourned today, it stand adjourned until tomorrow morning at 9 o'clock, and the motion prevailed.
By Senator Fortson of the 50th: Senate Bill No. 79. A bill to require the registration of automobiles and
the purchase of license plates therefor on or before January first of the year for which such license plates are issued; and for other purposes.
The report of 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 Dobbs of the 22nd asked unanimous consent that the President be allowed to add one more name on the Committee to act under Senate Resolution No. 29-102A as a member "from the State at large," and the consent was granted.
The President named Senator Steed of the 43rd as a member of the committee to act under the above resolution.
Senator Hill of the 36th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 9 o'clock.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, February 21, 1941

The Senate met pursuant to adjournment at 9 o'clock this morning 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 Odom of the 9th, vice-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.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following repvrt:
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 recommendations:
Senate Bill No. 135. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Harri,;on of the 23rd District, Chairman of the Committee on Public Library, submitted the following report:
Mr. President:
Your Committee on Public Library have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 44-144B. Do pass.
Respectfully submitted, Harrison of 23rd district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same
back to the Senate as correct and ready for transmission to the House:

FRIDAY, FEBRUARY 21, 1941

381

Senate Bill No. 61. Senate Bill No. 67. Senate Bill No. 77.
Senate Bill No. 79.
Senate Bill No. 103. Senate Bill No. 121.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
l\fr. President: Your Committee on Enrollment have read and examined t!Je following bills
of the Senate and have instructed me as Chaitman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 22. Senate Bill No. 37. Senate Bill No. 42. Senate Bill No. 43. Senate Bill No. Ml.
Respectfully submitted, Rowland of 16th district, chairman.
Mr. Almand of the 27th District, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Preside'lt:
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 recommendations:
Senate Bill No. U2. Do pass.
Respectfully submitted, Almand of 27th district, chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof: :.VIr. President:
The House has passed by the requisite constitutional majority the follow-

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JOURNAL OF THE SENATE,

ing bills of the House and Senate, to-wit:
By Mr. Brooks of Mitchell: House Bill No. 49. A bill to be entitled an Act providing a seed law for
Georgia to conform to the Federal Seed Act of August, 1939; and for other purposes.
By Mr. Jackson of Henry: House Bill No. 479. A bill to be entitled an Act to amend an Act creating
the office of Tax Commissioner for Henry County; and for other purposes.
The House has passed the Senate substitute to the following bill of the Hou~e, to-wit:
By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 312. A bill to be entitled an Act to amend the Act creat-
ing the charter for the City of Savannah; and for other purposes.
By Senators Coker of the 39th and Almand of the 27th: Senate Bill No. 55. A bill to be entitled an Act to amend the Act approved March 30, 1937, authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service; and for other purposes.
The follo'"lving privileged resolution was read and adopted: By Senator Fortson of the 50th:
A RESOLUTION Whereas, the distinguished and affable Senator from the 39th district, the Ron. Dr. Grady Coker, did on yesterday entertain the members of the s~nate with a most delectable chicken fry at the country estate of the Wiley Moores, and
whereas, this delightful repast served to prove beyond the shadow of a doubt that Canton and Cherokee County are most justly famous as the "chicken center of the state" and perhaps of the nation, and
Whereas, we are proud to claim as our friend and colleague the lovable Senator from the 39th and to acclaim his part of our state as the garden spot of the earth-especially for chickens,
Now therefore be it resolved that we extend to Senator Coker our warmest thanks for the sumptuous chicken dinner and assure him of our very great appreciation for the honor shown this body in entertaining us so royally-and may we include also in this expression of appreciation the wiley Moores and the genial toastmaster of the occasion, "the sage of the North Georgia Mountains," the Senator from the 43rcl, the Ron. R. Noel Steed.
Senator Lanier of the 18th asked unanimous consent that he be granted leave of absence on Monday of next '\Veek clue to important business, and the consent was granted.
The following communications were read for the information of the

FRIDAY, FEBRUARY 21, 1941

383

Senate:

Congress of the United States House of Representatives
Paul Brown, 1Oth District, Georgia Washington, D. C.

Hon. Charles D. Redwine, President of the Senate, State Capitol, Atlanta, Georgia.

February 19, 1941

Dear Senator:

I appreciate your sending me a copy of the resolution adopted by the State Senate regarding fees charged workers on government projects.

The Judiciary Committee of the House is holding hearings now in an effort to find out just how far Congress can go in controlling this practice. Also, Congressman Vinson, Chairman of the Committee on Naval Affairs, has introduced a bill relative to the same subject matter and I understand expects to have a hearing soon.

The sentiment here is that something should be done to remedy the condition refened to in your resolution.

Sincerely yours, Paul Brown.

Congress of the United States House of Representatives
Stephen Pace, 3rd District, Georgia Washington, D. C.

February 19, 1941

Honorable Charles D. Redwine, President State Senate, State Capitol, Atlanta, Georgia.

Dear Mr. Redwine:

I have for acknowledgement copy of the resolution adopted by the Senate on February 13th with regard to an investigation concerning workers on Government camp projects.

I beg to advise that the Judiciary Committee of the House, of which Honorable Hatton Sumners of Texas is Chairman and Honorable Sid Camp of Georgia is a member, is now conducting an investigation of this question.

I am sure that the Committee will recommend such legislation as the cir-

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JOURNAL OF THE SENATE,

cumstances \Yill require.

Sincerely yours, Stephen Pace.

Senator Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce, be allowed to do so at this time, and the consent was granted.

The following bills and resolutions were introduced, read the first time and referred to committees:

By Senators Coker of the 3!Jth, and Cannon of the 40th:
Senate Bill No. 148. A bill to repeal Sections 3 and 4 of an Act approved August 20, 1!)17 (Ga. Laws 1H17, pages 102,104), authorizing any fratemal benefit society in this State to issue benefit certificates to its members in accordance with its laws providing for the establishment of its membership into divisions and classes of the same age of entry; and for other purposes.
Referred to Committee on Insurance.

By Senator Redwine of the 26th: Senate Bill No. 14!J. A bill to amend an Act fixing the compensation of
members of County Boards of Education. Referred to Committee on Education and Public Schools No. 1.

By Senator Redwine of the 26th:
Senate Bill No. 150. A bill to amend an Act entitled "An Act to create a Department of Public Safety for Georgia, etc."; and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Lanier of the 18th:
Senate Bill No. 151. A bill to amend Section 78-216 of the Code, relating to the amount and manner of payment of pensions to Confederate soldiers, by providing for the payment of $100.00 upon the death of any such soldier or widow for burial expenses; and for other purposes.

By Senators Coker of the 39th, Almand of the 27th, Cannon of the 40th, "Ylilhollin of the 46th, Mosley of the 15th, and Sumner of the 1Oth:
Senate Bill No. 152. A bill to define and provide for the abatenw'lt of certain public nusiances, to define the duties of the Solicitors General with reference to the abatement of such nuisances; and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Edwards of the 6th: Senate Resolution No. 45-150A. A resolution proposing that Senate Bill
No. 78 be made a special order of busiTiess for February 25, l!J41, Referred to Committee on Rules.

FRIDAY, FEBRUARY 21, 1941

385

By Senator Drake of the 8th: Senate Resolution No. 46-151A. A resolution proposing that Senate Bills
Nos. 101, 102, and 105 be put on the calendar as special order of business for February 25, 1941.
Referred to Committee on Rules.
The following bills of the House were read the first time and refetTed to committees:
By Messrs. Brooks of Mitchell, Dallis of Troup, Brinson of Chattooga, Smith of Carroll, Richardson of Hart, and Rogers of Floyd:
House Bill No. 49. A bill providing a seed law for Georgia to conform to the Federal Seed Act of August 9, 1939; and for other purposes.
Referred to Committee on Agriculture.
By Mr. Jackson of Henry: House Bill No. 479. A bill to amend an Act creating the office of Tax
Commission for Henry County; and for other purposes. Referred to Committee on Counties and County Matters.
The following bills and resolution of the Senate, favorably reported by the committees, were read the second time:
By Senator Milhollin of the 45th: Senate Resolution No. 44-144B. A resolution authorizing State Librarian
to furnish to Clerk of Superior Court and Ordinary of Coffee County, Georgia, certain enumerated volumes of Georgia Supreme Court Reports and Georgia Court of Appeals Reports; and for other purposes.
By Senators Redwine of the 26'th and Edenfield of the 4th: Senate Bill No. 92. A bill to prescribe the compensation of the members
of the Prison and Parole Commission; and for other purposes.
By Senator Kirkland of the 49th: Senate Bill No. 135. 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 Evans County to issue funding bonds; and for other purposes.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senator Adams of the 31st: A BILL
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 Sandy Cross Consolidated School District, of Franklin County, 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

386

JOURNAL OF' THE SENATE,

of January 1, 1941, and which becomes due up to and including June 1, 1949; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereo'1, due and unpaid on January 1, 1941, or which may become due up to and including June 1, 1949; 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 Constitutio'1 of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the folio.\ ing words, to-wit:
"And except that Sandy Cross Consolidated School District, of Franklin County, may issue refunding bo'1ds not in excess of the aggregate sum of $12,000.00, for the purpose of refunding anr! retiring any bonded indebtedness and interest thereon of said School District outstanding, past due o'l January 1, 1941 and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to ar,d including June 1, 1949, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bo1ds as they fall due; the proceeds of all such refunding bonds so issu<:d by Sandy Cross Consolidated School District of Franklin County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and in<:luding June 1, 1949. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Sandy Cross Consolidated School District, and shall be validated as provided by law."
Section 2. Be it further enacted by the authority aforesaid, that wh2n said amendme'lt shall be agreed to by two-thirds vote of the members o~ each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for t" o months previous to the time for holding the next general clectio'l, at which propo~ed amendments to the Constitution of this State may be voted on, same shall at said general election be submitted to the people for ratification. All persons V:Jting at said election in favor of adopting the said proposed amendme:1t 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 auborizi'lg the Sandy Cross Consolidated School District, of Franklin County, 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 amendme'1t of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Sandy Cross Consolidated School District, of Franklin County, to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, Yoti,g 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 amend-

FRIDAY, FEBRUARY 21, 1941

387

ment 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 Const;itution, a roll call was ordered and the vote \\as as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Burnside Campbell Cannon Clark Coker Couch Dobbs Dorsey

Drake Edenfield Edwards Fortson Foster Garner Gross Guyton Hamilton Hill Houston Kirkland

Lanier Lewallen McGehee Milhollin Park Pilcher Ragan Rowland Steed Striplin Sumner Wall

Not voting were Senators: Bland, Bradley, Coxon, Daughtry, Franklin, Harrison, Holt, Kiker, .Martin, Mason, Mosley, Odom, Smith of 24th, Smith of 35, and Whaley.

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

On the passage of the bill, the ayes were 36, nays 0.

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

By Senator Campbell of the 34th:
Senate Bill No. 124. A bill providing for an additional and cumulative method of fixing salaries or sole compensation for certain officers in certain counties; a'ld for other purposes.

The report 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.

By :vressrs. Vickers of Coffee and Holtzendorf of Ben Hill: House Bill No. S!J. A bill to amend an Act designating the Highway

388

JOURNAL OF THE SENATE,

mileage by adding additional mileage in Coffee and Ben Hill Counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler and Turner of DeKalb: House Bill No. 160. A bill to amend an Act approved August 17, 1909,
creating and establishing a new charter and municipal government for the City of Decatur so as to enlarge the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dyal of Appling: House Bill No. 37 4. A bill to abolish the office of Tax Receiver and
Tax Collector of Appling County, to create the office of County Tax Commissioner; and for other purposes.
The committee offered the follol\ing amendment which was adopted:
Senator Martin of the 3rd moves to amend House Bill No. 37 4 by adding to the caption thereof immediately before the language "and for other purposes", the following language to-wit: "To provide an effective date for this Act"; and by adding to said House Bill No. 37 4 a new Section to be known as Section 9 to read as follows:
"Be it further enacted by the authority aforesaid that this Act shall become effective on January 1, 1945."
Senator Martin of the 3rd further moves to amend said House Bill No. 37 4 by striking the present Section 9 thereof and re-enacting the same as Section 10, so that Section 10 will read as follows:
"Be it 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 as amended, 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 as amended.
BY Mr. Wells of Clayton:

FRIDAY, FEBRUARY 21, 1941

389

House Bill No. 300. A bill to create a Board of Commissioners of Roads and Revenues of 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Kendrick and Mrs. Mankin of Fulton: House Bill No. 383. A bill to permit certain outdoor amusements be-
tween one and six p.m. in 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 "'''ere 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Edwards of the 6th: Senate Bill No. 45. A bill to amend Section 20-505 of the Code, relative
to gaming contracts, by striking the words four years where the same shall occur in said Section, and inserting in lieu thereof the word.> six months; and for other purposes.
Senator Edwards of the 6th moved that further action on Senate Bill No. 45 be postponed until Monday, February 24, 1941, and the motion prevailed.
By Senator Hill of the 36th: Senate Bill No. 87. A bill to amend Section 4 of an Act approved Feb-
ruary 10, 1937, creating the State Board of Education, defining its powers, duties; and for other purposes.
Senator McGehee of the 25th moved that further action on Senate Bill No. 87 be postponed until Tuesday, February 25, 1941, and the motion prevailed.
By Senator Dobbs of the 22nd: Senate Bill No. 88. A bill to provide for the time of payment of the
taxes on gross insurance premiums as stipulated in Sections 92-2509 and 922510 of the Code, so as to make said taxes payable semi-annually; and for other purposes.
The committee offered the following substitute which was adopted: A BILL
To be entitled an Act to amend Section 56-223 of the Code of 1933, by striking from said section certain language making tax on gross insurance premiums and other fees paid by insurance companies, due and payable as of

390

JOURNAL OF THE SENATE,

July 1st each year on a basis of receipt~. by said companies from May 1st to April 1st inclusive, and substituting words and language which will make said taxes and fees due and payable on or before the first day of }larch each year, based on a calculation of same on a basis of receipts from January 1st to December 31st, inclusive, each year, 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 56-233 oi the 1!133 Georgia Code, be and the same is hereby amended by striking from said section the words and language thereof, beginning in the 5th line thereof as follows:
"In addition to the foregoing fees, every such corporation or association shall on or before the first day of July, in each year, report under oath of its president and secretary, or other like officers, to the Insurance Commissioner the gross amount received on business done in this state during the year ending the 30th of April next preceding, and at the same time shall pay into the treasury of this state a tax of $1.50 upon each $100 of such gross amount so received by said association or corporation."
And by inserting in lieu thereof the following words and language, to~wit:
"In addition to the foregoing fees, every such association or corporation shall on or before the first day of March in each year report under oath of its president and secretary, or other like officers, to the Insurance Commissioner the gross amount received on business done in this State, during the year ending December 31st next preceding, and at the same time shall pay into the treasury of this state all taxes on gross insurance premiums, as levied Sections 92-2509 and 92-2410 of the Code of 1933, during the preceedin.e: year covered by such report, taking credit for any amount paid on July 1, 1941 under the law herein amended."
So that Section 56-233 when amended shall read as follows:
Section 56-233. Fees to be Paid, Annual Report, Tax on Gross Receipts.
There shall be paid to the Insurance Commissioner by each corporation or association authorized to do business, the same fees as requited by Section 56-506 together with all such subsequent fees as are prescribed under said Section. In addition to the foregoing fees every such association or corporation shall on or before the first day of March in each year, report under oath of its president and secretary, or other like officers, to the Insurance Commissioner, the gross amount received on business done in this State during the year ending December 31st next preceding, and at the same time pay into the treasury of this State all taxes on gross insurance premiums as levied by Sections 92-2509 and 92-2510 of the Code of 1933, during the preceding year covered by such report, taking credit for any amount paid on July 1, 1H41 under the law herein amended.
Section 2. Be it further enacted that this Act shall become effective and in full force on and after July 1, 1941.

FRIDAY, FEBRUARY 21, 1941

391

Section 3. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed.
The 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senators Redwir!e of the 26th and Edenfield of the 4th: Senate Bill No. 91. A bill to prescribe the compensation of the Directot
o[ the State Department of Public Welfare; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Gross of the 20th: Senate Bill No. 94. A bill to prohibit the cutting of timber without legal
right; to provide penalties; and for other purposes.
The committee offered the following substitute: A BILL
To be e'1titled an Act to prohibit the cutting of timber without the legal right to do so; to provide penalties; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person, firm or corporation, or agent of any person, firm or corporation, to cut, saw or sever timber on property "ithout the legal right to do so.
Section 2. Any person, firm or corporation, or agent of any person, firm or corporation, who shall cut timber on property without the legal right to do so shall be answerable in damages to the owner of the timber in the amount of twice the value thereof.
Section 3. Any person, firm or corporation, or agent of such, who has wrongful!;; cut timber upon the property of another and who upon notice or discovery of said :"act has not fully compensated the owner therefor within ten days after said discovery or notice shall be guilty of a misdemeanor and upon conviction thereof punished therefor.
Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Odom of the 9th offered the following amendment to the substitute which was adopted:

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JOURNAL OF THE SENATE,

Senator Odom of the 9th moves to amend the substitute to Senate Bill No. 94 by adding- at the end of Section Two (2) the following rwords: "of the manufactured price or highest manufactured value."
Senator Gross of the 20th offered the following amendment to the substitute which was adopted:
Amend Section 3 by deleting the word "ten" in Line 4 and substituting the word "thirty" therefor, so that said Section when amended will read as follows:
Section 3. Any person, firm or corporation, or agent of such, who has wrongfully cut timber upon the property of another and who upon notice or discovery of said fact has not fully compensated the owner therefor within thirty days after said discovery or notice shall be guilty of a misdemeanor and upon conviction thereof punished therefor.
On the adoption of the substitute as amended, the ayes were 33, nays 0, and 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.
Senator Burnside of the 29th called for the previous question, and the call was sustained.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
By Senator Campbell of the 34th: Senate Bill No. 125. 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, by striking the rwords "prior to the year 1938" in the sixth and seventh lines of Section 3 of said Act by striking the words "the States part of" in the eighth line of Section 3; and for other purposes.
The report 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 Lanier of the 18th asked unanimous consent that Senate Bills Nos. 124 and 125 be immediately transmitted to the House, and the consent was granted.
Senator Wall of the 28th moved that when the Senate adjourned today, it stand adjourned until Monday morning at 11 :15 o'clock, and the motion

FRIDAY, FEBRUARY 21, 1941

393

prevailed.
Senator McGehee of the 25th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 11:15 o'clock.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Monday, February 24, 1!141.

The Senate met pursuant to adjournment at 11:15 o'clock this morning and was called to order by the President.
Pray('!' was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vic<-chairman oZ the Committee on .Joumals, reported that the Journal of Friday's proceedings had been examined and found COJTPct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message' .,,as received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed b~, the requisite constitutional majority the following bills and resolutions of the House, to-wit:
By ;\Irs. Mankin of Fulton: House Bill No. 20. A bill to be entitled an Act to prohibit and regulate
the sale of fireworks in any county having a population of 200,000 or more; and ior other purposes.
By Messrs. welsch and Dorf'ey of Cobb:
House Bill No. 75. A bill to be entitled an Act to amend the Code of Georgia of 19:13, pe1'taining to the mPthod of giving notice of an election to fill the office' of Clerk and Sheriff whcre a vacancy occurs; an<l for other purposes.
By :\1r. Rossec of Putnam: House Bill 1\'o. 12:!. A bill to be entitled an Act to amend the school laws
of the City of Eatonton providing for the payment direct of all State funds due the schools of said city; and for other purposes.
By Messrs. Reese of 'Webster, Ferguson and Suggs of Sumter, Ansley of Lee, Smith of Schley, Anglin of Stewart, and :\Irs. Gueny of Macon:
House Bill No. 137. A bill to be entitled an Act to provide a salary for the official Court Reporter of the Southwestern Judicial Circuit; and for other purposes.
By Mr. Jackson of Henry: House Bill No. 4!l7. A bill to be entitled an Act to ame'1d an Act creating
the City Court of Henry County; and for other purposes.

MONDAY, FEBRUARY 24, 1a41

395

By Mr. Witherington of Wilcox: HouSl' Resolution ~ o. 2G-1 07C. A resolution relieving- Joe .Jones and J. L.
Dennard from any and all liability on bond of one JL'lTy Peavy; and for other purposes.
By "Yiessrs. Blood:orth, Grice and Weaver of Bibb: House Resolution :-Jo. 2R-1 07E. A resolution authorizing- the relief of C.
F. McCook, surety on bond of W. C. Adams; and for other purposes.
By :VIessrs. Bloodworth, Grice and \Veavcr of Bibb: House Resolution :1\ o. 2D-1 07F. A resolution authorizing- the relief of
S. C. Clements as surety bw:d or Willie King; and for other purposes.
By Messrs. Bloodworth, Grice and \Yea ver of Bibb: House Resolution No. 34-1 :l7C. A resolution providing for the relief of
M. E. Field and H. :\1. Bedgood, as sureties on the bond of J. J. Bedgood; and for other purposes.
By Messrs. Bloodworth, \Veavcr, and Grice of Bibb: House Resolution No. 3i;-1 :l7D. A resolution providing for the relief of
M. E. Field as surety on the bond of \Valter Junior; a'1d for other purposes.
At this time, Senatot Edwards of the Gth, President pro tempore, took the chair.
Senator Redwine of the 2Gth asked unar,imous consent that Bishop Arthur J. Moore, one of the outstan~ling clergymen of Georgia, be allowed to address the Senate tomorrow morning, and the consent was grantefl.
At this time the President returned to the chair.
The hour of com'<''1ing the joint session of the Senate and House under the provisions of Senate Resolution No. 30-1 03A having arrived, the President, accompanied by the S,cretary and Senators, proceeded to the House of Rep- resentatives to hear a performance by the Milledgeville A Capella Choir.
The joint session \Yas called to order by the Preside'nt.
The resolution authorizing the joint session of the Senate and House was read by the Secretary of th:> Senate.
The Milledg-eville A Capella Choir, under the direction of Prof. Max Noah, sang several songs for the enjoynwnt of the members of the Senate and House of Representatives.
The President expressed for the memb:rs of the General Assembly, their appreciation to Prof. :-Joah and the Choir fo1 their renderance of a splendid performance.
Mr. Culpepper of Fayette moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.

396

JOURNAL OF THE SENATE,

The Senators returned to the Senate Chamber and the Senate was called to order by the President.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 125. Senate Bill No. 124.
Senate Bill No. 45. Senate Bill No. 88.
Senate Bill No. 96. Senate Bill No. 135. Senate Bill No. 94. Senate Bill No. 117.
Senate Bill No. !H.
Senate Bill No. 44.
Senate Resolution No. 44-144B.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Drake of the 8th 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 consid-
eration 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. 399. Do pass.
House Bill No. 400. Do pass. Respectfully submitted, Drake of 8th district, chairman.
Mr. Edwards of the 6th District, Chairman of the Committee on Education and Public Schools No. 1, submitted the following report:

MONDAY, FEBRUARY 24, 1941.

397

Mr. President:
Your Committee on Education and Public Schools No. 1 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 53. Do pass.
Respectfully submitted, Edwards of 6th district, chairman.
Mr. Redwine of the 26th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the follo-wing resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 45-150A. Do pass.
Senate Resolution No. 46-151A. Do pass.
Respectfully submitted, Redwine of 26th district, chairman.
The following resolutions of the Senate, favorably reported by the committees, were read and adopted:
By Senator Edwards of the 6th: Senate Resolution No. 45-150A. A resolution proposing that Senate Bill
No. 78 be made a special order of business for Tuesday, February 25, 1941.

By Senator Drake of the 8th: Senate Resolution No. 46-151A. A resolution proposing that Senate Bills
Nos. 101, 102 and 105 be set as special orders of business for Tuesday, February 25, 1941.
The following bills and resolutions were introduced, read the first time, and referred to committees:

By Senator Edwards of the 6th:
Senate Bill No. 153. A bill to amend the Constitution of Georgia by repealing Paragraph 16 of Section 7 of Article 3 of the Constitution of the State of Georgia, said paragraph relating to the passage of local or special bills, and inserting in lieu thereof a new section prescribing that no local or general bills with local application shall be introduced into the General Assembly and authorizing the General Assembly to provide for such matters by a general law; and for other purposes.
Referred to Committee on Gener!ll Judiciary No. 2,

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JOURNAL OF THE SENATE,

By Senator Guyton of the 1st: Senate Bill No. 154. A bill to amend an Act entitled "An Act to create
and incorporate the Cit;: of Springfi~ld," so as to at:thorize the municipal authorities of said City of Springfield to contract with Effingham County for quarters, board and the use and work of convicts in the :\"Iayor's Court of said City oi Springfield; and for other purposes.
Referred to Committee on :\1unicipal Government.
By Se1ator Couch of the 52nd: Senate Bill No. 155. A bill to amend an Act approved March 1G, 1!J:l!J, en-
titled "An Act to provide that counties having a population of more than two hundred thousand by the United States Census of 1!!20 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service;" and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Park of the 1!Jth: Senate Bill No. 1iiG. A bill to repeal an Act entitled "An Act to create the
positions of Chief Justice Emeritus, and Associate Justice Emeritus; to provide for the eligibility of persons for appointment to such positions;" and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senators Park of the 1!lth, Almand of the 27th, and Gross of the 20th: Senate Resolution No. 47-15:l. A resolution to have Highway Number 15
completed anJ paved. Referred to Committee on Highways and Public Roads.
The following privileged resolutions were read aHI adopted:
By Senator Dobbs of the 22m!: A resolution cxten~'ing the privileges of the floor to :\1rs. J. J. Bargeron
and Miss Barbara Bargeron, the channing wife and daughter of the Senator from the 17th.
By Senator Edwards of the Gth: A resolution extending the privileg~s of the floor to the Ho'1. J. T. Edwards,
a distinguished lawyer of Valdosta, and a nephew of Senator H. B. Edwards.
By Senator Bland of the 12th: A resolution extending the privileges of the floor to Judge J. V. Castle-
berry, former Ordinary of Ste,, art County.
By Senator Lanier of the 18th: A resolutioYJ extending the privileges of the floor to Dr. Lombard Kelley,
Dean of the University of Georgia School of Medicine.
The following communications were read for the information of the

MONDAY, FEBRUARY 24, 1941

399

Senate:

Congress of the United States House of Representatives
Hugh Peterson, 1st District, Georgia Washington, D. C.

Hon. Charles D. Redwi>1e, President, Georgia State Senate, State Capitol, Atlanta, Georgia.

February 20, 1941

Dear Senator:

I am in receipt of copy of resolution of the State Senate adopted February 1 ;~, 1 ~J41, concerning Senate Bill No. 78 by Senator H. B. Edwards of the Sixth Senatorial District, regarding charges assessed persons employed on various Federal projccts i'1 connection with the National Defense Program.
Thanking you for your cooperation in :!'urnishing me with copy of this resolution, I am, with kinJest personal regards,
Sincerely, Hugh Peterson.

Hon. Charles D. Red 1\ ine, President of the Senate, State Capitol, Atlanta, Georgia.

February 22, 1941

Dear Preside'1t Redwine:
You will permit me to acknowledge copy of a Senate Resolution adopted February l:l, 1941, nquesting the members of the Georgia Delegation in the Congress of the United States, House and Senate, to investigate certain charges with reference to the fees exacted of those desiring work in Georgia on gover -.ment projects, especially projects connected with and essential to the development of the national defense program.
Permit me to say that this general question is now under investigation by the House Jc1diciary Committee. I have every confidence in the Chairman of this Committ:e and in the membership thereof. I therefore believe that the '\\'hole questioYJ will be ~ull:: inquired into, the power of Congress in the premises explored and such recommendations as seems advisable recommended for passage.

With great respect, I am

Sincerely yours, Walter F. George.

400

JOURNAL OF THE SENATE,

The following bills and resolutions of the House were read the first time and referred to committees:
By Mrs. Mankin of Fulton: House Bill No. 20. A bill to prohibit and regulate the sale of fireworks
in any county having a population of 20,000 or more; and for other purposes. Referred to Committee on Counties and County ::.viatters.
By Messrs. Welch and Dorsey of Cobb: House Bill No. 75. A bill to amend Section 24-2704 of the 193:3 Code
to provide for a definition of the word "vacancy" as applicable to Chapters 24-27 and 24-28 of the 1933 Code of Georgia; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Rossee of Putnam: House Bill No. 123. A bill to amend the school law of the City of Eaton-
ton so as to provide for the payment direct of all State funds due the schools of said City; to change the name of said schools; and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Messrs. Rees of Webster, Ferguson and Suggs of Sumter, Guerry of Macon, Ansley of Lee, Anglin of Stewart, and Smith of Schley:
House Bill No. 137. A bill to provide for the Official Court Reporter of the Southwestern Judicial Circuit; to pay the salary of said Official Court Reporter; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Jackson of Henry: House Bill No. 497. A bill to amend an Act creating the City Court of
Henry County approved February 12, 1941; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Witherington of Wilcox: House Resolution No. 26-107C. A resolution to relieve Joe Jones and
Joe L. Dennard as sureties on the bond of Jerry Peavy; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 28-107E. A resolution relieving C. F. McCook of
surety bond; and for other purposes. Referred to Committee on Special Judiciary.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 29-107F. A resolution relieving S. C. Clemons of
~urety bond; and for other purposes. Referred to Committee on Special Judiciary.

MONDAY, FEBRUARY 24, 1941

401

By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 34-137C. A resolution for relief of M. E. Field
and H. M. Bedgood, as sureties, on bond of J. J. Bedgood, indicted for embezzlement in Bibb County; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Bloodworth, Weaver and Grice of Bibb: House Resolution No. 35-137D. A resolution relieving M. E. Field as
~urety on the bond of Walter Junior; and for other purposes. Referred to Committee on Special Judiciary.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Odom of the 9th: Senate Bill No. 53. A bill to regulate the expenditure by the County
Board of Education of the equalization fund provided for the common schools by Section 32-948 of the Code of 1933; to establish priorities of payments therefrom; to prohibit and fix criminal and civil liability for any diversion of such fund; and for other purposes.
By Mr. Ferguson of Camden: House Bill No. 399. A bill to repeal an Act in so far as it applies to Cam-
den County, entitled an Act to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties; and for other purposes.
By Mr. Ferguson of Camden: House Bill No. 400. A bill to create a Board of Commissioners of Roads
and Revenues for Camden County; and for other purposes.
The following bills and resolution of the Senate were read the third time and put upon their passage:
By Senator Edwards of the 6th: Senate Bill No. 45. A bill to amend Section 20-505 of the Code, relating
to gaming conhacts; and for other purposes.
The report 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 Senators Odom of the 9th, Campbell of the 34th, and Couch of the 52nd: Senate Bill No. 75. A bill to permit the operation of motion picture
theatres on Sundays; to prescribe the conditions therefor; and for other purposes.
The report of the committee, which was favorable to the passage of the

402

JOURNAL OF THE SENATE,

bill, was agreed to.

On the passage of the bill, Senator McGehee of the 25th 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:

Almand Bargeron Barnhill Bradley Campbell Clark Coker Couch

Coxon Daughtry Dorsey Drake Edwards Fortson Hamilton Hill

Kirkland Lewallen Martin Mosley Park Pilcher Wall

Those voting in the negative were Senators:

Adams Bland Burnside Dobbs Gross Guyton

Harrison Holt Houston Lanier Mason McGehee

Y!ilhollin Ragan Rowland Steed Striplin Sumner

Not voting were Senators: Cannon, Edenfield, Foster, Franklin, Garner, Kiker, Odom, Smith of 24th, Smith of 35th, and Whaley.

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 23, nays 18.

The bill, having failed to receive the requisite constitutional majority, was lost.

By Senator Kirkland of the 49th, Senate Bill No. 135:
A BILL
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 a1,1thorize Evans County by vote of its fiscal authority to issue, in addition to all other bonds, funding bonds sufficient in amount to pay off and retire the designated wanant and script indebtedness of said County; to provide that in the event such warrant indebtedness is paid off and retired that said County shllll therea:Zter 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County ~or the ensuing year; to provide how

MONDAY, FEBRUARY 24, 1941

403

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 purposes:
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
Section 1. 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 paragraph in the following words and language, to-wit:,
Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Evans County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant and script indebtedness of said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds."
In the event the privilege granted herein is exercised 'by said County after said date as so determined by said governing authority, said County and the governing authority 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 County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority and countersigned by the Clerk of Board of County Commissioners of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for la<'W-:ful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any

404

JOURNAL OF THE SENATE,

wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Evans County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 the two months previous to the time for holding the next general election at f\\-hich 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 Evans County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Evans County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 considered as now required by law in elections for members of the General Assembly, then said 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 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 orpered and the vote was as foll<>ws:

MONDAY, FEBRUARY 24, 1941

405

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Clark Coker Couch Coxon Daughtry

Dobbs Dorsey Drake Edwards Fortson Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland

Martin Mason McGehee Milhollin Mosley Park Pilcher Ragan Rowland Steed Striplin Sumner Wall

Not voting were Senators: Cannon, Edenfield, Foster, Franklin, Garner, Kiker, Lanier, Lewallen, Odom, Smith of 24th, Smith of 35th, and Whaley.

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional two-thirds majority, was passed. By Senator Milhollin of the 46th:

Senate Resolution No. 44-144B. A resolution authorizing the State Librarian to furnish to the Clerk of Superior Court and Ordinary of Coffee County, certain enumerated volumes of Georgia Supreme Court Reports and Georgia Court of Appeals Reports; and for other purposes.

The l'eport of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Dobbs of the 22nd asked unanimous consent that the President be allowed to add one more name on the committee to act under Senate Resolution No. 29-102A as a second member "from the state at large", and the consent was granted.
The President named Senator Campbell of the 34th as a member of the committee to act under the above named resolution.

Senator Campbell of the 34th gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass Senate Bill No. 75.

The hour of adjournment having arrived, the President announced the Senate adjourned until tomorrow- morning at 10 o'clock.

406

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Tuesday, February 25, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
At this time, under the unanimous consent granted to the President on yesterday, Bishop Arthur J. Moore, international figure in Methodism and one of the world's greatest churchmen, was presented to the Senate by the President and addressed the members.
Prayer was offered by Bishop Moore.
By unanimous consent the call of the roll was dispensed with.
Senator Odom of the 9th, vice-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.
Senator Campbell of the 34th moved that the Senate reconsider its action in failing to pass the following bill of the Senate, to-wit:
By Senators Odom of the 9th, Campbell of the 34th and Couch of the 52nd: Senate Bill No. 75. A bill to permit the operation of motion picture
theatres on Sundays; to prescribe the conditions therefor; and for other purposes.
On the motion to reconsider, the ayes were 29, nays 14, and the motion prevailed.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit.
By Mr. Wren of Glascock:
House Bill No. 470. A bill to be entitled an Act to amend an Act en-
titled an Act to create a Board of Commissioners of Roads and Revenues for Glascock County by authorizing necessary traveling expenses; and for other purposes.
By Mr. Wren of Glascock: House Bill No. 471. A bill to be entitled an Act to repeal an Act en-
titled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glascock County relating to nepotism and restriction on compensation; and for other purposes.

TUESDAY, FEBRUARY 25, 1941

407

By Mr. Drinkard of Lincoln: House Bill No. 501. A bill to be entitled an Act to amend an Act to pro-
vide as compensation for the Treasurer of Lincoln County a salary of $300.00; and for other putposes.
By Messrs. Sabados and Wetherbee of Dougherty: House Bill No. 524. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for the County of Dougherty; and for other purposes.
By Mr. Brinson of Chattooga: House Bill No. 434. A bill to be entitled an Act to establish the City
Court of Chattooga County; and for other purposes.
The House has passed as amended the substitute to the following resolution of the Senate, to-wit:
By Senator Kiker of the 41st et al: Senate Resolution No. 13. A resolution authorizing and directing the
Surveyor-General of the State of Georgia to survey the line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes.
The House has passed, as amended, the following resolution of the Senate, to-wit:
By Senators Gross of the 20th and Mason of the 30th: Senate Resolution No. 19. A resolution relating to exempting from tax-
ation certain properties in rural electrification; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to~wit:
By Mr. Lovett of Laurens: House Bill No. 157. A bill to be entitled an Act providing for the auditing
of claims against the Highway Department; and for other purposes.
By Mr. Rich of Union: House Bill No. 397. A bill to be entitled an Act to create the Board of
Commissioners of Roads and Revenues for the County of Union; and for other purposes.
The following privileged resolutions were read and adopted: By Senator Fortson of the 50th:
A RESOLUTION whereas, the gentlemen of the press attending the sessions of the Senate have been most diligent in their duties, thoughtful in their actions, and accurate and considerate in reporting the proceedings of this body, and
Whereas, the members of the Senate and its office1s appreciate the cooperation of the press and the many courtesies extended to us by the gentl~-

408

JOURNAL OF THE SENATE,

men of the fourth estate.
Now therefore be it resolved that this body go on record as expressing our gratitude through this resolution to the staffs of the Atlanta Constitution, Atlanta Journal, Macon Telegraph, Macon News, Associated Press, United Press, International News Service, and other members of the fourth estate for the thoughtful treatment accorded the Senators in so accurately and fairly l'eporting the business transacted to date.
By Senator Coker of the 39th and Lallier of the 18th: A resolution extending the privileges of the floor to the Hon. Will Jenn-
ings, former Mayor of the City of Augusta.
By Senator Drake of the 8th: A resolution extending the privileges of the floor to the Hon. H. B.
Edwards, Jr., son of the Senator from the 6"th.
By Senator Couch of the 52nd: A resolution extending the privileges of the floor to Prof. S. L. Coker,
brother of the Senator from the 39th.
Senator Wall of the 28th moved to take from the table the following bill of the Senate, to"W'it:
By Senator Wall of the 28th: Senate Bill No. 65. A bill to regulate attachments for contempt in judg-
ments and decrees for permanent alimony in cases of total divorce; to require trials by jury; and for other purposes.
On the motion to take from the table, the ayes were 29, nays 6, and the motion prevailed.
Senator Coker of the 39th asked unanimous consent to take up the following bill of the Senate for the purpose of considering a substitute offered by the House:
By Senators Coker of the 39th and Almand of the 27th: Senate Bill No. 55. A bill to amend the Act authorizing the creation of
non-profit corporations for the purpose of furnishing group hospital service; and for other purposes.
The consent was granted.
The House offered the following substitute:
To be entitled an Act to amend the Act approved March 30, 1937 (Ga. Laws 1937 pp, 690, 696) authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service by providing that the contracts for such hospital service between any such corporation and a subscriber thereto shall afford the subscriber the 1ight to select for hospitalization any hospital of his choice in the State of Georgia which has been approved

TUESDAY, FEBRUARY 25, 1941

409

as provided in the above entitled Act, to provide the method of payment by such corporation to such hospital for the hospitalization of such subscriber and all other persons entitled to hospital service, to require that all hospital service contracts hereafter issued by such corporations shall contain the provision herein provided for, to provide that all contracts issued by such associations shall be governed by the requirements of this Act, to provide a penalty for refusal to comply with this Act, and for other purposes.
Be it enacted and it is hereby enacted by the General Assembly of Georgia:
Section 1. That Section 5 of the Act approved March 30, 1937 (Ga. Laws 1937, pp. 690, 696) authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service be and the same is hereby amended by adding at the end of said Section the following provision:
"Provided, however, that all contracts issued by such corporations shall contain a provision, to be first approved by the Insurance Commissioner, which shall permit the person with whom made, and all persons entitled to hospital service thereunder, the right to receive hospitalization, either in ordinary or in emergency cases, at any hospital selected by such person which has been approved according to the above entitled Act approved March 30, 1937, and that such hospital shall be paid by said association the usual daily charge or rate of such hospital for hospital service, provided that its daily rate does not exceed the rate provided for in the contract of said hospital service association for non-participating hospitals. All hospital service contlacts hereafter issued shall contain such a provision, and all hospital service contracts heretofore issued shall be governed by the requirements of this Act. If any hospital service association shall refuse to comply herewith, or to comply with such contract provision, the Insurance Commissioner, after hearing, of 'Which reasonable notice shall be given to such asociation, may revoke the license of such hospital service association, if he shall find that such refusal was not in good faith.
Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coker of the 39th moved to concur in the House substitute, and the motion prevailed.
Senator Coker of the 39th moved that the following bill of the Senate be withdrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted to the Committee on Insurance:
By Senators Coker of the 39th and Cannon of the 40th:
Senate Bill No. 140. A bill to amend Section 56-1638 of the Code of 1933, relating to the issuance of benefit certificates by fraternal benefit societies or orders, by prohibiting the issuance of such certificates commonly known and referred to as contingent endowment certificates to more than one division or class established has been filled; and for other purposes.
The motion prevailed.

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JOURNAL OF THE SENATE,

Senat{)r Edenfield of the 4th asked unanimous consent that all Senators having bills and resolutions to introduce, be allowed to do so at this time, and the consent was granted.
The following bills were introduced, read the first time, and teferred to committees:
By Senator Couch of the 52nd: Senate Bill No. 163. A bill to regulate, in counties adopting this Act by
action of a grand jury thereof, all funds deposited by litigatus with the courts therein; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Fortson of the 50th: Senate Bill No. 157. A bill to amend the Uniform Narcotic Drug Act,
relating to the regulation of the manufacture, sale, possession, control, prescribing, administering, dispensing, compounding, mixing, cultivation and growth of narcotic drugs in the State of Georgia; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Edenfield of the 4th, Senator Guyton of the 1st, and Coxon of the 2nd:
Senate Bill No. 158. A bill to amend the Act of 1937, relating to the taxation of distributors or dealers in oysters, shrimp, prawn and crab, by providing additional regulations for the taking and unloading of shrimp, and for making reports and payment of taxes on said shrimp; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Couch of the 52nd: Senate Bill No. 159. A bill to provide the time at which primary elec-
tions for nomination of county officers shall be held in counties in this State having a population of not less than 200,000 and not more than 500,000 by last or any future census of the United States; and for other purposes.
Referred to Committee on Privileges and Electi{)ns.
By Senator Couch of the 5and: Senate Bill No. 160. A bill 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.
Referred to Committee on Municipal Government.
By Senator Couch of the 52nd: Senate Bill No. 161. A bill to repeal the Act approved March 10, 1937,
permitting the sale of tax executions in block at a discount by counties of over 200,000 population and by municipalities therein; and for other purposes.
Referred to Committee on Finance.
By Senator Couch of the 52nd:

TUESDAY, FEBRUARY 25, 1941

411

Senate Bill No. 162. A bill to amend an Act approved March 20, 1939, to authorize the Clerk of the Superior Court or other proper officer in counties of this State having a population of 200,000 or more by the census of 1930, to install phototastic equipment ot other photographic equipment for the purpose of recording chattel mortgages or other personal property contracts; and for other purposes.
Referred to Committee on Counties and County Matters.
The following bill of the Senate, set as a special and continuing order for today, was read the third time and put upon its passage:
By Senator Edwards of the 6th: Senate Bill No. 78. A bill to regulate labor organizations; to prohibit
them from seeking money from persons working on projects being financed by tax money; and for other purposes.
Senator Campbell of the 34th asked unanimous consent to suspend Senate Rule No. lq, relative to limiting individual debate to thirty minutes during the last thirty days of the regular session, insofar as applied to the author of the bill, Senator Edwards of the 6th, and Senator Lanier of the 18th.
Senator Smith of the 24th objected.
Senator Campbell of the 34th moved to suspend Senate Rule No. 15, in respect to the above named Senators.
On the motion to suspend the rule, the ayes were 25, nays 3, and the motion prevailed.
Senator Smith of the 24th asked unanimous consent to extend today's session of the Senate until final action on Senate Bill No. 78 and all amendments, and the consent was granted.
Senator Hill of the 36th called for the previous question on the bill and all amendments, and the call was sustained.
The main question was put.
The question was on the adoption of the following amendment offered by Senator Edwards of the 6'th:
Amend Senate Bill No. 78 by adding to paragraph six the following, to-wit:
The provisions of this bill shall apply only to Emergency Federal Projects financed by Federal tax money.
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 Smith of the 24th called for the ayes and nays, and the call was sustained.

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Coxon Dorsey Drake

Edenfield Edwards Fortson
Fo~tPr
Frauklin Garner Gross Harrison Hill Holt Houston Kiker

Kirkland Mason McGehee Milhollin Pilcher Ragan Rowland Steed Striplin Wall Whaley

Those voting in the negative were Senators:

Clark Coker Couch Dobbs

Guyton Hamilton Lanier Martin

Mosley Park Smith, 24th

Not voting were Senators: Daughtry, Lewallen, Odom, Smith of 35th, and Sumner.

By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 35, nays 11.

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

The President asked unanimous consent to add the name of Senator Adams of the 31st district to the Committee on Penitentiary, and the consent was granted.
Senator Sumner of the 20th asked leave of absence for today due to illness, and the leave was granted.
Senator Lewallen of the 33rd asked leave of absence for today due to illness, and the leave was granted.

The hour of adjournment having arrived, the President announced the Senate adjourned until tomorrow moming at 10 o'clock,

WEDNESDAY, FEBRUARY 26, 1941

413

Senate Chamber, Atlanta, Georgia,
Wednesday, February 26, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and
was callc>d to order ry the President.
Prayer was offered by Dr. ,J. V\. 0. McKibben, pastor of the First Methodist Church of Decatur, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Pilcher of the 7th, a member 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.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By MesH'S. Pannell of Murray, Boone of Wilkinson, Evans of McDuffie, Mann of Whitfield, Bruce of Troup, and Smith of Hall:
House Bill No. 53. A bill to be entitled an Act to provide for the granting of mistrials in cases where the Judge a!lnounces that party has requested chargc> in writing; and for other purposes.
By Mr. Whipple of Bleckley: House Bill No. 150. A bill to be entitled an Act to propose to the qualified
voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Cochran to incur a bonded indebtedness; and for other purposes.
By Messrs. Kelley and Mavity of Walker: House Bill No. 373. A bill to be entitled an Act to propose to the qualified
voters of Georgia an amendment to the Constitution of Georgia, so as to authorize Walker County to incur additional bonded indebtedness; and for other purposes.
By Mr. McClure of Cattoosa: House Bill No. 370. A bill to be enttiled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution of Georgia, so as to authorize Catoosa County to incur additional bonded indebtedness; and fo! other purposes.
By M!. McC1acken of Jefferson:

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JOURNAL OF THE SENATE,

House Bill No. 182. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize School District No. 1 in Jefferson County, Georgia, to incur additional bonded indebtedness; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 29. A bill to be entitled an Act to amend the Act creat-
ing a County Planning Commission for Fulton County; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 31. A bill to be entitled an Act to amend an Act relative
to County Taxation and Pauper Tax, so as to provide that said tax will not exceed one and one-fourth mills except by two-thirds vote of two successive grand juries; and for other purposes.
By Senator Kirkland of the 49th: Senate Bill No. 47. A bill to be entitled an Act to propose to the qualified
voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the Claxton School District of Evans County to incur additional bonded indebtedness; and for other purposes.
The House has passed, as amended, the following hill of the Senate, to-wit:
By Senator Sumner of the lOth: Senate Bill No. 21. A bill to be entitled an Act to require registration of
guests under their true names at tourist camps; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House and ordered the same immediately transmitted to the Senate, to-wit:
By Messrs. Blease, Mavity, Smith, Kennedy, Ferguson, and Howard: House Resolution No. 101. A resolution that the House and Senate ad-
journ on Thursday, February 27, 1941, at one o'clock, p.m., and stand adjoutned until 10:00 a.m., Monday, March 3, 1941.
Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today immediately after the period of unanimous consents:
1. Introduction of bills and resolutions.
2. Repo1ts of standing committees.
3. Reading bills and resolutions second time favorably reported.
4. Reading House bills and resolutions first time fQr reference.

WEDNESDAY, FEBRUARY 26, 1941

415

5. Putting on passage local bills and resolutions. 6. Consideration of Senate bills with House amenrlments. 7. Special orders and orders of the day. 8. Reading for third time general bills and resolutions ready for passage. The consent '\\"as granted. The following privileged resolutions were read and adopted:
By Senator Bland of the 12th: A resolution extending the privileges of the floor to the Ron. G. L. Hous-
ton, a prominent citizen of Sylvester, Georgia, and a former member of the General Assembly.

By Senator Bland of the 12th: A resolution extending the privileges of the floor to the Hon. Loren Gary,
a prominent physician of Georgetown, Georgia, and a former member of the General Assembly.
The following bills were introduced, read the first time, and referred to committees:
By Senator Whaley of the 45th: Senate Bill No. 164. A bill to amend the act incorporating the City of
Helena in the county of Telfair and prescribing the powers, duties and authority of its officers; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Couch of the 52nd: Senate Bill No. 165. A bill to require all persons filing actions at law or in
equity in the Superior Courts of any county of this state having a population in excess of 200,000 by the last or any future census, to make an advance deposit for court costs in certain cases; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Couch of the 52nd: Senate Bill No. 166. A bill authorizing and empo-wering judges of Super-
ior Courts to continue Grand Juries in session beyond the end of any term e>f court for which they originally were impanelled; and for other purposes.
Referred to the Committee on General Judiciary No. 2.
By Senator Couch of the 52nd: Senate Bill No. 167. A bill 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.
Referred to Committee on Municipal Government.

416

JOURNAL OF THE SENATE,

By Senator Edenfield of the 4th:
Senate Bill No. 168. A bill to provide for the appointment of a County Director and other personnel in the County Departments of Public Welfare; and for other purposes.
Referred to Committee on Public Welfare.

By Senator Couch of the 52nd: Senate Bill No. 169. A bill to prohibit counties having over 200,000 pop-
ulation according to the last or any future census of the United States, from paying to any person, other than a duly elected tax officer, any compensation based upon the amount of property returned or placed on a tax digest through his efforts; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Couch of the 52nd: Senate Bill No. 170. A bill to Section 89-810 of the Code of 1933 so as
to require, in counties having over 200,000 population, according to the United States census of 1940 or any future census, that all officers collecting or holding money belonging to any public body shall deposit the same on the next succeeding business day after the collection thereof, and the interest thereon shall accrue to such public body; and for other purposes.
Referred to the Committee on Counties and County Matters.
By Senator Franklin of the 38th: Senate Bill No. 171. A bill to amend an Act of the General Assembly of
Georgia creating a new charter for the City of Rockmart in the County -of Polk, and the several Acts amendatory thereof, so as to enlarge and extend the corporate limits of the City of Rockmart by incorporating additional and contiguous territory therein; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate .as correct and ready for transmission to the Governor:
Senate Bill No. 55.
Respectfully submitted, Rowland of 16th district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:

WEDNESDAY, FEBRUARY 26, 1941

417

Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 137. Do pass.
Senate Bill No. 93. Do pass.
Senate Bill No. 113. Do not pass.
Senate Bill No. 104. Do pass.
Senate Bill No. 95. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary, have had under considelation the following resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the follo\ving recommendations:
House Resolution No. 28-107E. Do pass.
House Resolution No. 35-137D. Do pass. House Resolution No. 29-107F. Do pass. House Resolution No. 34-137C. Do pass.
House Resolution No. 26-107C. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Campbell of the 34th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
l:lr. President:
Your Committee on Motor Vehicles have had under consideration the fGllowing 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. 66. Do pass by Committee substitute.
Respectfully submitted, Campbell of 34th district, chairman.
Mr. Houston of the 51st District, Chairman of the CQmmittee on General Judiciary No. 1, submitted the fQllowin~ revort:

418

JOURNAL OF THE SENATE,

Mr. President: Your Committee on Ge~eral 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 lhe following recommendations:
House Bill No. 75. Do pass.
Respectfully submitted, Houston of 51st district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the followi'lg report:
Mr. President:
Your Committee on Amendments to the Constitution 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 recommendations:
Senate Resolution No. 41-140B. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Parks of the 19th District, Chairman of the Committee on Pensions, submitted the following report:
l\Ir. President:
Your Committee on Pensions have had under consideratior the follo\\ing bill of the Senate and have instructed me as Chairman, to report the ~ame back to thc Senate with the following recommendations:
Senate Bill No. 151. Do pass.
Respectfully submitted, Parks of 1Uth district, chairman.
Mr. Ragan of the 14th District, Chairman of the Committee on Conservation, submitted the following report:
Mr. President:
Your Committee on Conservation have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendatio"ls:
House Resolution No. 16-45A. Do pass.
Respectfully submitted, Ragan of 14th district, chairman.
;Mr. Houston of the 51st District, Chairman of the Committee on General

WEDNESDAY, FEBRUARY 26, 1941

419

Judiciary No. 1, submitted the following report:

Mr. President:

Your Committee on General Judiciary No. 1 have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

Senate Bill No. 120. Do not pass.

Senate Bill No. 145. Do pass.

Senate Bill No. 152.

Do pass.
Respectfully submitted, Houston of 51st district, chairman.

::vir. Milhollin of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:

Your Committee on Agriculture have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 49. Do pass.

Respectfully submitted, Milhollin of 46'th distlict, chairman.

Mr. Daughtry of the 21st 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. 144. Do pass.

Senate Bill No. 143. Do pass.

House Bill No. 456. Do pass.

House Bill No. 430. Do pass.

House Bill No. 424. Do pass.

House Bill No. 433. Do pass.

House Bill No. 440. Do pass.

Respectfully submitted, Daughtry of 21st district, chairman.

420

JOURNAL OF THE SENATE,

Mr. Drake of the 8th 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 undE'r 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. 410. Do pass.
House Bill No. 422. Do pass.
House Bill No. 427. Do pass.
House Bill No. 428. Do pass.
House Bill No. 432. Do pass.
House Bill No. 437. Do pass. Respectfully submitted, Drake of 8th district, chairman.
Mr. Guyton of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:
}fr. President:
Your Committee on Game and Fish have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 142. Do pass.
Senate Bill No. 158. Do pass.
Respectfully submitted, Guyton of 1st district, chairman.
Mr. Garner of the 47th 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 Qf the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 47. Do pass.
Respectfully submitted, Garner of 47th district, chairman.
).VIr. Hill of the 36th District, Chairman of the Committee on Engrossing,

WEDNESDAY, FEBRUARY 26, 1941

421

submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 78.
Respectfully submitted, Hill of 36th district, chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Gross of the 20th: Senate Bill No. 93. A bill to amend an Act establishing the City Court
of Sandersville and all Acts amendatory thereof by providing the number of jury strikes in said court; and for other purposes.
By Senator Drake of the 8th: Senate Bill No. 95 A bill to abolish the fee system now existing in the
Superior Courts of the Pataula Judicial Circuit, as applied to the office of Official Court Reporter; and for other purposes.
By Senators Smith of the 24th and Couch of the 52nd: Senate Bill No. 104. A bill to amend Section 84-1404 Of the Code of
1933, relating to the creation of the Georgia Real Estate Commission, so as to provide for meetings of the Commissions of other States and to do other acts and things for the advancement of the profession; and for other purposes.
By Senators Coker of the 39th, Edenfield of the 4th, Campbell of the 34th, and Couch of the 52nd:
Senate Bill No. 142. A bill to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of .the various counties of this State; and for other purposes.
By Senator Edenfield of the 4th: Senate Bill No. 143. A bill to amend an Act granting a charter to the
City of Kingsland relative to the city limits; and for other purposes.
By Senator Edenfield of the 4th: Senate Bill No. 144. A bill to amend an Act granting to the City of
Kingsland a charter approved August 15, 1937 so as to authorize the City of Kingsland to pass zoning and planning laws; and for other purposes.
By Senator Houston of the 51st: Senate Bill No. 145. A bill to amend an Act approved December 16, 1937
to provide for homesteads exempt from certain taxation; and for other pur-

422

JOURNAL OF THE SENATE,

poses.
By Senator Lanier of the 18th: Seriate Bill No. 151. A bill to amend Section 78-216 of the Code of 1933,
relating to the amount and manner of payment of pensions to Confederate soldiers, by providing for .the payment of $100.00 upon the death of any such soldier or widow for burial expenses; and for other purposes.
By Senators Coker of the 39th, Almand of the 27th, Cannon of the 40th, Milhollin of the 46th, Mosley of the 15th, and Sumner of the 1Oth:
Senate Bill No. 152. A bill to define and provide for the abatement of cel'tain public nuisances, to define the duties of the Solicitor General with reference to the abatement of such nuisances; and for other purposes.
By Senators Edenfield of the 4th, Guyton of the 1st, and Coxon of the 2nd: Senate Bill No. 158. A bill to amend Section 45-812 of the Code of 1933,
and to amend the Act of 1937, relating to the taxation of distributors or dealers in oysters, shrimp, prawn and crab, by providing additional regulations for the taking and unloading of shrimp; and for other purposes.
By Senator Gross of the 20th: Senate Resolution No. 41-140B. A resolution proposing to the qualified
voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize Davisboro Consolidated School District to issue bonds; and for other purposes.
By Mr. Anglin of Stewart: House Bill No. 47. A bill to amend Section 34-1302 of the Code of 1933
relating to "Elections, how and when held," by providing for a method to effect a change of the hours for opening and closing the polls for elections in certain precincts; and for other purposes.
By Messrs. Brooks of Mitchell, Dallis of Troup, Brinson of Chattooga, Smith of Carroll, Richardson of Hart, and Rogers of Floyd:
House Bill No. 49. A bill providing a seed law for Georgia to conform to the Federal Seed Act of August 9, 1939; and for other purposes.
By Messrs. Welch and Dorsey of Cobb: House Bill No. 75'. A bill to amend Section 24-2704 of the Code of 1933,
to provide for a definition of the word "vacancy" as applicable to Chapters 24-27 and 24-28; and for other purposes.
By Messrs. Rees of Webster, Ferguson and Suggs of Sumter, Guerry of Macon, Ansley of Lee, Anglin of Stewart, and Smith of Schley:
House Bill No. 137. A bill to provide for the Official Court Reporter of the Southwestern Judicial Circuit; to pay the salary of said Reporter; and for other purposes.
By Mr. Rees of Webster: House Bill No. 410. A bill to reduce bond of sheriff of Webter County;

WEDNESDAY, FEBRUARY 26, 1941

423

and for other purposes.
By Mr. Gross of St~phem;: House Bill No. 422. A bill to amend an Act to abolish the officers of
Tax Receiver and Tax Collector of Stephens County; and for other purposes.
By ;vrr. Dunn of Lamar: House Bill No. 424 A bill to amend the charter of the City of Barnes-
ville; and for other purposes.
By Messrs. Goddard and Swint of Spalding: House Bill No. 427. A bill to reduce the bond of the sheriff of Spalding
County from 10,000 dollars to 5,000 dollars; and for other purposes.
By Messrs. \Veils and Lewis of Burke: House Bill No. 428. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Burke; and for other purposes.
By Mr. Dyal of Appling: House Bill 1'\ o. 430. A bill to amend an Act to amend the charter of
the City of Baxley; and for other purposes.
By Messrs. Ford and Jones of 'Vorth: House Bill No. 432. A bill to amend the Act to create and establish a
Board of Commissioners of Roads and Revenues of \Vorth County; and for other purposes.
By Mr. Wilbanks of Cherokee: House Bill No. 433. A bill to amend an Act to establish a new charter for
the City of Canton; to provide power and authority for the enactment and passage of zoning and planning laws and ordinances; and for other purposes.
By Mr. Kea of Laurens: House Bill No. 437. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenues for the County of Laurens; and for other purposes.
By Messrs. Allison and Roberts of Gwinnett: House Bill No. 440. A bill to amend an Act creating a new charter and
:Municipal Government for the City of Buford; and for other purposes.
By Mr. Bradbury of Oconee: House Bill No. 456. A bill to amend an Act to amend the charter of
Bogart, in Oconee County so as to provide for elections to fill vacancies of the Mayor and Council; and for other purposes.
By Messrs. Grice and Elliott of Muscogee: House Resolution No. 16-45A. A resolution to provide for advertising
and promoting the agricultural, induo,trial, historic, recreational and natural

424

JOURNAL OF THE SENATE,

resources, facilities and assets of the State; and for other purposes.
By Mr. Witherington of Wilcox: House Resolution No. 26-107C. A resolution to relieve Joe Jones and
Joe L. Dennard as sureties on the bond of Jerry Peavy; and for other purposes.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 28-107E. A resolution relieving C. G. McCook of
surety bond; and for other purposes.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 29-107F. A resolution relieving S. C. Clemons of
surety bond; and for other purposes.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 34-137C. A resolution for relief of M. E. Field
and H. M. Bedgood, as sureties on bond of J. J. Bedgood, indicted for embezzlement in Bibb County; and for other purposes.
By Messrs. Bloodworth, Weaver and Grice of Bibb: House Resolution No. 35-137D. A resolution relieving M. E. Field as
snrety on the bond of Walter Junior; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Pannell of Murray, Boone of Wilkinson, Evans of McDuffie, Mann of Whitfield, Bruce of Troup and Smith of Hall:
House Bill No. 53. A bill to provide for the granting of mistrials in cases where judge announces party has requested charge in writing; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Whipple of Bleckley: House Bill No. 150. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution, so as to authorize the City of Cochran to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. McCracken of Jefferson: House Bill No. 182. A bill to authorize School District Number 1 in the
County of Jefferson, to incur a bonded indebtedness; and for other purposes. Referred to Committee on Education and Public Schools No. 2.
By Mr. McClure of Catoosa: House Bill No. 370. A bill to propose to the qualified voters of Georgia
an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, to authorize Catoosa County to have additional bonded indebtedness; and for

WEDNESDAY, FEBRUARY 26', 1941

425

other purposes. Referred to Committee on Amendments to Constitution.
By Messrs. Kelley and "Mavity of Walker: House Bill No. 373. A bill to propose to the qualified voters of Georgia
an amendment to Article 7, Section 7, Paragraph 1, of the Constitution to authorize Walker County to incur additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Brinson of Chattooga: House Bill No. 434. A bill to establish the City Court of Chattooga
County; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Wren of Glascock: House Bill No. 470. A bill to amend an Act to create a Board of Commis-
sioners of Roads and Revenues in and for the County of Glascock by authorizing necessary traveling expenses and authorizing Commissioners to be employed and paid as County employees; and for other purposes.
Referred to Committee on Counties and County Matters.
BYMr. Wren of Glascock: House Bill No. 471. A bill to repeal an Act to amend an Act creatinr, a
Board of Commissioners of Roads and Revenues of Glascock County relating to nepotism and restriction on compensation; and for other purposes.
Heferred to Committee on Counties and County Matters.
By Mr. Drinkard of Lincoln: House Bill No. 501. A bill to amend an Act approved August 19, 1916
to provide as compensation for the Treasurer of Lincoln County a salary of $300.00; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sabados and Wetherbee of Dougherty: House Bill No. 524. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Dougherty; and for other purposes. Referred to Committee on Counties and County Matters.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senator Sumner of the 1Oth: Senate Bill No. 108. A bill to amend an Act to create and establish a
Board of Commissioners of Roads and Revenues of Wol'th County; and for other purposes.
The report of the committee, which was favorable to the passage of the

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bill, was agTeed 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 Franklin of the 38th: Senate Bill No. 136. A bill to amend Sections 3 and 18 of the Act
creating a new cha1ter for the City 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. Ferguson of Camden: House Bill No. 399. A bill to amend an Act, insofar as the County of
Camden is concerned, to create a Bom'd of Commissioners of Roads and Revenues for the counties of Thomas, Echols, and Camden; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa~age 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. 400. A bill to create a Board of Commissioners of Roads
and Revenues or Camden County; and for other purposes.
The 1epo1t of 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 and resolutions of the Senate were taken up for the purpose of considering amendments offered by the House:
By Senators Kiker of the 41st, Cannon of the 40th and Whaley of the 45th: Senate Resolution No. 13. A resolution authorizing and directing the
Surveyor General of the State of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes.
Senator Clark of the 44th moved that further consideration of the House amendments be postponed until Tuesday, March 4, 1941, and the motion prevailed.
By Senators Gross of the 20th and Mason of the 30th:

WEDNESDAY, FEBRUARY 26, 1941

427

Senate Resolution No. 1!l. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 2, Section 2, Article 7 of the Constitution so as to exempt from all taxation, state, county, municipal, school distTict, and political or territorial subdivision of the state having the authority to levy taxes, all cooperative, non-profit, membership corporations organized under the laws of this state for the purpose of engaging in rural electrification, and all of the real and personal property owned or held by such corporations for such purpose; and for other purposes.
The House offered the following amendment:
Mr. Harris of Richmond moves to amend Senate Resolution No. 19 by adding at the end of Section 1 the following:
The exemption herein provided for shall expire 20 years from January 1, 1942.
Senator Mason of the 30th moved that the Senate concur in the House amendment and the motion prevailed.
By Senator Sumner of the lOth: Senate Bill No. 21. A bill to require registration of guests under their
true names at tourist camps, or like places by whatever name called; to provide for penalties for violation thereof; and fat other purposes.
The House offered the following amendment:
Mr. Cannon of DeKalb moves to amend Senate Bill No. 21 by inserting after the words "to such place" in line 7 of Section 1, the following words:
"And the drivers license number of such person".
Senator Dobbs of the 22nd, at the request of the author of the bill, Senator Sumner of the 1Oth, who was absent due to illness, moved that the Senate concur in the House amendment, and the motion prevailed.
The House offered the following second amendment:
Mr. Dunaway of DeKalb moves to amend Senate Bill No. 21 by striking the words in the second line of Section 1, "outside the corporate limits of any municipality."
Senator Dobbs of the 22nd moved that the Senate concur in the second House amendment, and the motion prevailed.
The President named Senator Edwards of the Glh and Senator Milhollin of the 46th as a committee of escort on the part of the Senate to act under Senate Resolution No. 31-107 A.
The hour for the joint session of the Senate and House, provided for under Senate Resolution No. 31-107A having arrived, the President, accompanied by the Secretary and Senators, proceeded to the hall of the House of Repre-

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JOURNAL OF THE SENATE,

sentatives to hear an address by Dr. J. Frank Norris, pastor of the First Baptist Church of Fort Worth, Texas and pastor of the Baptist Church of Detroit, Michigan.
The joint session was called to order by the President.
The resolution authorizing the joint session of the Senate and House was read by the Secretary.
The President presented His Excellency, Governor Eugene Talmadge, who introduced Dr. J. Frank Norris to the General Assembly.
Dr. Norris delivered an inspiring address, during which he led the entire Assembly in the singing of two hymns, "Going Home" and "Amazing Grace".
At the conclusion of Dr. Norris' address, Senator Wall of the 28th addressed the joint session briefly and invited Dr. Norris to hold a state-'wide revival to open at Eatonton, Georgia, at such date as might be decided upon later.
The President expressed on behalf of the members of the General Assembly their appreciation of Dr. Norris's address and the splendid work that he is doing in the field of evangelism.
Senator Edenfield of the 4th moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The Senators returned to the Senate Chamber and were called to order by the President.
Under the order of special Ol'ders and orders of the day, the following bills Qf the Senate were read the third time and put upon their passage:
By Senator Drake of the 8th: Senate Bill No. 101. A bill to amend Section 32-2205 of the Code of
1933, relating tQ the employment of agricultural teachers and home economics teachers, by enlarging the scope of said Section; and for Qther purposes.
Senator Drake of the 8th offered the following substitute:
A BILL
To be entitled an act tQ amend Section 32-2205 of the Code of Georgia of 1933, relating to the employment of agricultural teachers and home economics teachers, by enlarging the scope of said Section so as to authorize county boards of education as well as those of independent school systems, to employ teachers of trade and commerce; to repeal conflicting laws; 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 32-2205 of the Code of Georgia of 1933, authorizing county boards of education to employ and pay agricultural teachers and

WEDNESDAY, FEBRUARY 26, 1941

429

home economics teachers under the Vocational Education Act of Congress, be and the same is hereby amended by striking in its entirety said section as it is now written, and by inserting in lieu thereof a new section to be designated as Section 32-2205, and reading as ~ollows, to-wit:
"The boards of education of the several counties and independent school systems of this State may employ and pay agricultural teachers, trade and commerce teachers, and home economics teachers in the public schools of the cities and counties thereof, whenever the same is permissible under the provisions of the Vocation Education Act of Congress of February 23, 1917, known as the 'Smith-Hughes Act'; the act for the further development of vocational education, approved June 8, 1936, known as the 'George-Deen Act'; or other acts of Congress appropriating Federal funds for vocational educational purposes, and this Chapter. Provided, that such employment shall be subject to such reasonable rules and regulations as may be prescribed by the State Board of Education, and m conformity with the State plan of vocational education.,.
Section 2. That all laws or parts of laws in conflict with this act are hereby repealed.
On the adoption of the substitute, the ayes were 34, nays 0, and 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senator Drake of the 8th: Senate Bill No. 102. A bill to amend Section 32-944 of the Code of
1933 authorizing tax levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics; and for other purposes.
Senator Drake of the 8th offered the follo\ving substitute:
A BILL To be entitled an Act to amend Section 32-944 of the Code of Georgia of 1933, authorizing the county tax-levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics, by enlarging the scope of said Section so as to authorize said county tax-levying authorities and county boards of education to levy taxes for the purpose of employing teachers of trade and commerce; to repeal conflicting laws; 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:

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Section 1. That Section 32-944 of the Code of Georgia of 1933, authorizing county tax-levying authorities and county boards of education to levy taxes for the purpose of carrying on educational work for the promotion of extension work in agriculture and home economics and to the employment of county agricultural agents and home demonstration agents, by striking said Code Section in its entirety as now written, and by inserting in lieu thereof a nC\\" section to be numbered and designated as 32-944, and reading as follows, to-wit:
"Power is conferred hereby upon the county tax-levying authorities of the several counties of this State, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under the provisions of an Act of Congress, approved :May 8, 1914, and known as the 'Smith-Lever Act', (U.S.C.A. Title 7.-Agriculture, Sections 341 to 348), and the resolution of the General Assembly of Georgia, under date of August 14, 1914, giving assent to said Act of Congress. To such extent as the same may be permissible under said aforementioned Act, it is hereby provided that said county tax-levying authorities as well as county boards of education (may) employ county agricultural agents, home demonstration agents and teachers in trade and commerce, supervise their work and pay therefor in order to carry on said extension program in conformity with said Act of Cong1ess, or to comply respectively with the several provisions of the Vocational Education Act of Congress of February 23, 1917, known as the 'Smith-Hughes Act'; the Act for the further development of vocational education, approved June 8, 1!!36, known as the 'George-Deen Act'; or other Acts of Congress appropriating Federal funds for vocational educational extension purposes, and this Chapter. Provided, that such terms of employment and program shall be subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in conformity with the State plan of vocational education."
Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed.
On the adoptoin of the substitute, the ayes were 32, nays 0, and 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

By Senators Drake of the 8th, Odom of the 9th and Bradley of the 13th:
Senate Bill No. 105. A bill to amend Section 7 of the Act establishing the State Board of Education, prescribing its jurisdiction, powers, duties; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1941

431

The report 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 Senators Edwards of the 6th and Sumner of the 1Oth: Senate Bill No. 73. A bill to amend "The Entomology Act of 1937"
establishing a State Department of Entomology; and for other purposes.
Senator Lanier of the 18th moved that, due to the absence of the coauthors of the bill, that further consideration of same be postponed until tomorrow and set as a special order to follow immediately after the period of unanimous consents; and the motion prevailed.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Odom of the 9th: Senate Bill No. 53. A bill to regulate the expenditures by the County
Board of Education of the equalization fund provided for the common schools by Section :32-!J48 of the Code of 1933; to establish priorities of payments therefrom; to prohibit and fix criminal and civil liability for any diversion of such fund; and for other purposes.
Senator Odom of the 9th moved to table the bill, and the motion prevailed. The following: bill of the Senate which had been read the third time on February 21, 1941, was taken up for consideration:
By Senator Hill of the 36th: Senate Bill No. 87. A bill to amend Section 4 of an Act approved Feb-
ruary 10, 1937, creating the State Board of Education; and for other purposes.
At the request of Senator Hill of the 36th, who was absent from the Senate Chamber due to important business, Senator McGehee of the 25th offered the following amendment, which was adopted:
Senator Hill of the 36th moves to amend Senate Bill No. 87 by adding at the end of Section 1 immediately following the words "any such grant for educational purposes" the following:
"No funds shall be used to meet any past or future grant to the State but shall be available only for any present grant now available."
The report of the committee, which was favorable to the passage of the bill, was agTeed 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.

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JOURNAL OF THE SENATE,

The following resolution of the House was read and adopted:
By l\iessrs. Blease of Brooks, Mavity of Walker, Kennedy of Tattnall, Ferguson of Sumter and Howard of Long:
House Resolution No. 101. A resolution providing that the House and Senate adjourn at one o'clock p.m. on Thursday, February 27, 1941 and stand adjourned until 10 o'clock Monday morning, March 3, 1941 in order to permit certain committees to make inspection trips.
The following bill of the Senate was read the third time and put upon its passage:
By Senators Houston of the 51st and Milhollin of the 46th: Senate Bill No. 97. A bill to provide for the filing of a contest in political
primary elections held by any political party, organization or association for the purpose of choosing or selecting candidates for any office in this state, including municipal officers, county officers, state house officers, members of Congress; and for other purposes.
Senator Houston of the 51st offered the following substitute:
A BILL To be entitled an Act to provide for a recount of the ballots in all primary elections hereafter held in the State of Georgia for the nomination of candidates for membe1s of the General Assembly, Governor, Statehouse officers, and all other State, county and national officers elected by the people; to authorize a demand for a recount of ballots cast in such primary elections; to prescribe the method of conducting such recount and for ascertainment of the result of such primary election; to provide the force and effect of such recount and for the enforcement of the result thereof; to prescribe penalties for the violation of this Act; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That the legislative intent and purpose of this Act is to effectuate fair and honest primary elections for the nomination of candidates for public office in this State.
Section 2. The provis10ns of this Act shall apply to all primary elections hereafter held in this State by any political party for the purpose of nominating candidates for Governor, Statehouse officers, members of the General Assembly, members of Congress, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors General and county officers, and all such primary elections hereafter held for the nomination of any candidate for any State, County, District or National office required to be filled by election by the people of this State or any part thereof, whether such primary election be held to nominate candidates for unexpired terms or full terms.
Section 3. Any defeated candidate in any such primary election who re-

WEDNESDAY, FEBRUARY 26, 1941

433

ceived thirty-three and one-third per cent. of the total vote cast in any county for the particular office for which he was a candidate, as determined by the result of the first count or canvass of the votes cast at any such primary election, or any defeated candidate for a State, National or District office, who may not have received such thirty-three and one-third per cent. of the total vote cast in the county, but who may bona fide contend that a recount of the ballots in any county will change the announced result of the primary election in the State or District wherein he was a candidate for such nomination, shall have the right to demand of the County Executive Committee of any such c.mnty or other authority conducting such primary election, a recount of the ba"ots cast in such election for the particular office for which he was a candidate. Such demand shall be filed with the chairman of the County Executive Committee within forty-eight hours after the announcement of the result of such primary election by the County Executive Committee, if such defeated candidate is a resident of the County wherein the recount is demanded, and if a non-resident of the County, within ninety-six hours after the announcement of such result. The demand shall be in writing and signed by such candidate if he is a resident of the county and by some one by him thereunto linvfully authorized if he is not a resident of the County. Any such candidate who is a non-resident of the county where a recount of the ballots is demanded shall have a right to designate a representative in any such county to enter such demand on his behalf. Such demand shall state the total number of ballots cast for the particular office for which such candidate was a candidate and the number of ballots cast for such defeated candidate according to the declared result, and that such defeated candidate bona fide believes that a recount of the ballots would change the announced result of the election in such county.
Section 4. When such written demand for recount of the ballots is filed as required by the foregoing section, it shall be the duty of the Executive Committee of the county or the chairman thereof or other official of the County or of the political party holding such primary, under whose authority it was held, to grant such recount and to notify all candidates voted for at the primary of such demand for the recount and to fix a time and place for conducting a recount, of which all such candidates shall have not less than fortyeight hours notice.
Section 5. Upon the filing of such demand for a recount and upon notice thereof being given to all candidates at such primary, such defeated candidate or candidate authorized to demand and actually demanding a recount in conformity with the foregoing sections, and the successful candidate,, shall each immEdiately select one representative to act as a member of a committee to conduct the recount of the ballots. The Judge of the Superior Court of the Judicial Circuit adjoining that in which such county is located shall be the third member of the committee to conduct such recount. If there be more than one such judge of the superior court or more than one such adjoining circuit, the senior judge in commission shall be the member of the committee, unless he be disqualified by reason of relationship within the fourth degree

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JOURNAL OF THE SENATE,

according to the Canon Law to one of the contending parties; in that event, the next judge i'1 point of seniority shall be a member of the committee. The committee as thus constituted shall conduct the recount of the ballots as hereinafter provided.
Section 6. The said committee constituted as aforesaid for the recount of t!-Je ballots in any such election shall meet within forty-eight hours after their appointment and proceed publicly with the recount of the ballots cast in any such election where such recount has been demanded, in the manner and form herein set out. The said committee constituted as aforesaid to conduct ~aid recount is hereby clothed with authority to subpoena witnesses as well as any records, the subpoenas for the same to be furnished by the sheriff of said County. At such recou'1t, the said committee shall have the right to hear witnesses, to administer oaths to witnesses, and to certify to the Judge of the Superior Court of the circuit in which the recount is co'1ducted for punishment for contempt any witness who has failed to appear at such proceeding for the recount of said ballots, aft~1 said witness has been served with a subpoena as aforesaid, or ~or refusal to testify at such proceeding, or for any other mi~behavior or other unlawful conduct at such proceeding. Upo'1 such certification, the Judge of the Superior Court shall punish any such party so certified as for contempt o court, in the same manner and under the same provisions as if such contempt had been committed in the Superior Court of the Cou',ty where such recount of the ballots is being held.
Section 7. At any such recount of the ballots made by the aforesaid committee con~titutcd as aforesaid, the said committee shall have the right to determine '.Vhether any ballot recounted was legally cast by a duly qualified elector and voter o; said County, and if such committee should determine t:hat any ballot was illegally cast, said committee shall havc the right to throw out and not count the said ballot in determi'ing the final result of such recount. For the purpose of determining whether any of the ballots cast in such election and wl~ic:1 are subject to being recounted were cast by legally qualified voters, the said committee shall have the right to subpoena and have possession of the registratio~ books and registration cards of the county whl're such primary ekction has been held, and the officer of said county or other authority having charge of such records shall immediately produce the same upon subpoena or upon demand by said committee.
Section 8. Upon any demand for a recount being filed by any defeated ca'1didate, in the manner and :iorm hereinbefore set out, the tally sheets, registration lists, and the ballots cast, and the list showing the result of the count o the ballots and the ballot boxes of the various precincts in the several Militia Districts in said County, shall be kept under seal and lock in a safe place by the official of the County w!lose duty under the law is to receive the same from the election officials or ma'agers of such elections, and no one shall be permitted to inspect said tally sheets, registration lists and ballots cast, and the list showing the result of the count of the ballots and the ballot boxes of the various precincts therea~ter, or to have possession of the same before the saiti committee constituted herein for such recount shall have taken

WEDNESDAY, FEBRUARY 26, 1941

435

the same into custody from such official or officials of the county. It shall be the duty of such official or officials of the county receiving the aforesaid records from the election officials or managers of such election to deliver the said records to the said committee constituted as aforesaid for such recount.
Section 9. After said committee has met for the purpose of conducting said recount and has opened for inspection the election returns, including the list of ballots cast, tally sheets and ballot boxes, and other records connected with such election, the defeated candidate and the successful candidate in such election or their duly authorized attorneys or agents shall have the right to inspect said 1ecords in the presence of said committee.
Section 10. After said committee has met and obtained ~uch records and opened the same, either the defeated candidate or the successful candidate shall have U:e right to ask for postponement or continuance of said recount for a reasonable time, for the purpose of securing evidence in subpoenaing witnesses. The granting of such motion or motions shall rest in the sound discretion of such committee.
Section 11. A majority of said committee shall constitute a quorum, and the ruling of the majority of such committee on any matter arising before said committee for determination shall be controlling and final. The superior court judge serving as a member shall be chairman of the committee and preside at meetings.
Section 12. Within twenty-four hours after the aforesaid proceedings for a recount of such ballots have been finally closed, the said committee shall publicly announce the result thereof and reduce the same to writing, and file a report thereof with the executive committee of the county or other official under whose authority such primary election has been held, and with the Chairman of the State Executive Committee or other appropriate State authority of the political party holding such primary if the same relates to other than a county office. The report and findings of such committee on such recount shall be final, and shall be adopted, promulgated, published and certified as such by the authority of the political party under whose jurisdiction the said primary election has been held.
Section 13. Any certification of the result of such primary election which has been made by the Executive Committee of said County or other authority conducting said primary election, or the result of any such election prior to the filing of such demand for a recount, or prior to the findings and report of such committee conducting the recount, shall be superseded and set aside and be null and void, in the event the result of the vote in such election is changed by the action of such committee and any defeated candidate filing such demand for a recount is determined by said committee to have been nominated to the office for which he was a candidate.
Section 14. In the event the Executive Committee of said County or other authority conducting and holding said primary election should fail or refuse to adopt, as herein set out, the report and findings of such committee

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JOURNAL OF THE SENATE,

conducting said recount of the ballots in said election, then the candidate for office whose rights may be affected by the failure or refusal of such Executive Committee or other authority to abide by such report of such committee shall have the right to proceed by mandanEls or appropriate legal or equitable remedy in the courts of this State to enforce the report and findings of such committee conducting the recount of the ballots as hcrch provided. Jurisdiction to hear and determine such cause is hereby conferred upon the Superior Courts of the State, notwithstanding the political nature of any such controversy.
Section 15. Any person or official violating any of the provisions of this Act shall be held to be guilty of a misdemeanot, and upon conviction thereof shall be punished as fot a misdemeanor.
Section 16. All Ia ws and parts of Ia ,, s m conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.
The hour of adjournment having arrived, further consideration of the bill went over as unfinished business.
Senator Dorsey of the 32nd asked leave of absence for Monday, March 3, 1941, due to importa'1t business, and the leave was granted.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, FEBRUARY 27, Hl41

437

Senate Chamber, Atlanta, Georgia, Thursday, February 27, 1941

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.

Prayer was o:ifered by Rev. J. C. Collum of :.viarietta, Georgia.

Senator Burnside asked unanimous consent that the call of the roll be dispensed with.

There was objection.

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

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon DaughtTy Dobbs Dorsey Drake

Edenfield Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Ma,rtin

Mason McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Wall Whaley

Senator Pilcher of the 7th, a member 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.

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

Mr. President:

The House has passed by the requisite Cl)nstitutional majority the following bills and resolutions of the House and Senate, to-\\ it:

By Mr. :Wann of \Yhitficld:
House Bill No. 486. A bill to be entitled an Act to create and establish the City Court of Dalton, in and for the County of Whitfield; and for other

438

JOURNAL OF THE"SENATE,

purposes.
By Messrs. Roughton and Smith of Washington: House Bill No. 487. A bill to be entitled an Act to amend an Act fixing
the compensation of the Tax Commissioner of \Vashington County; and for other purposes.
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 486. A bill to be entitled an Act to reduce the official
bond of the Sheriff of Sumter County; and for other purposes.
By :vir. Dyal of Appling: House Bill No. 498. A bill to be entitled an Act to amend an Act to
create the office of Commissioner of Roads and Revenues for Appling County; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 500. A bill to be entitled an Act to amend an Act so as
to change the regular monthly meeting of Commissioners of Roads and Revenues of Wilcox County from second Monday in each month to first Tuesday in each month; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 532. A bill to be entitled an Act to fix the amount of the
bond of the sheriff of Oglethorpe County, Georgia; and for other purposes.
By Messrs. Dunaway, Candler, and Turner of DeKalb: House Bill No. 551. A bill to be entitled an Act to fix the date of general
primary elections in DeKalb County; and for other purposes.
By Senator Coxon of the 2nd: Senate Bill No. 58. A bill to be entitled an Act authorizing the appoint-
ment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other purposes.
By Senator Coxon of the 2nd: Senate Bill No. 59. A bill to be entitled an Act providing for fresh pur-
suit by military forces, and authorizing this State to cooperate with other states therein; and for other purposes.
By Senator Coxon of the 2nd: Senate Bill No. 6'0. A bill to be entitled an Act to amend Section 88-801
of the Code of Georgia by providing the Ordinary may refuse to issue a license upon the finding of certain facts; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 109. A bill to be entitled an Act to authorize the sheriff
of Newton County or his deputy to hold the office of County Police; and for other purposes.

THURSDAY, FEBRUARY 27, 1941

439

The House has passed by substitute as amended the following resolution of the Senate:
By Senator Harrison of the 23rd: Senate Resolution No. 21-GSB. A resolutiGn proposing to the qualified
voters of Georgia an ame'1dment to the Constitution to limit the length of the regular session of the General Assembly to 50 days; and for other purposes.
The folloRing message was received from the House through :vir. Boone, the Clerk thereof:
Mr. President:
The House has passed by substitute the following bill of the Senate and ordPred same immediately transmitted to the Senate, tol\it:
By Senator Drake of the 8th: Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend,
consolidate and supersede several Acts incorporating the City of Colquitt; and for other purposes.
The following privileged resolutions were read and adopted: By Senator Kirkland of the 49th:
A resolution extending the privileges of the floor to the Hon. W. E. McElmore, County School Superintendent of Bulloch County.
By Senators Coxon of the 2nd, Fortson of the 50th, Bargeron of the 17th, and Garner of the 47th:
A resolution expressing regret at the ill1ess of Senator Sumner of the lOth and wishing for him a speedy recovery. By Senator Fortson of the 50th:
A RESOLUTION whereas, the Hon. C. E. Gregory, columnist and reporter for The Atlanta Journal, has secured l'or himself a reputation as a fair, honest and accurate commentator of legislative proceedings, and
Whereas, th2 Ho'1. C. E. Gregory has often made claims as to his fishing prowess that have caused some members of this body to doubt whether he uses the same accuracy in telling these "fish tales" that he uses in his reporting of news, and
Whereas, in the past he has frequently challenged the author of this resolution to a fishing duel, and has so far failed to meet him in an angling con test, a1d
'Vhereas, the Hon. C. E. Gregory will no doubt accompany the Game and Fish Committe>e on its inspection tour beginning today,
Therefore be it now resolved, that it is the \\ish and mandate of this Senate that the Hon. C. E. Gregory and the author of this resolution meet at

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a proper fishing spot on this trip and settle this "fish-catching controversy" once and for all, and

Be it further resolved, that the Hon. Orris Roberts of the House be requested to act as umpire in this contest,

Be it further resolved, that the loser of this contest treat the winner to a fish dinner.

By Senator Steed of the 43rd: A RESOLUTION
Whereas, Honorable J. L. Milhollin, beloved citizen of Cassville, Georgia, and uncle of our distinguished Senator from the 46th district, celebrates his ~lOth birthday today, and

Wherea..o:;, the life of this prominent Cassville citizen has long been an inspiration to the people of his community in whose hearts he holds a cherished position of honor and esteem,

Therefore be it resolved, that the Senate of Georgia herewith extends its warm congratulations and good wishes to the elder l\'Ir. Milhollin upon the occasion of his 90th birthday, and hope for him a continued long life of happiness and usefulness,

Be it further resolved, that a copy of this resolution be mailed to Mr. Milhollin at Cassville.

The following invitation was read to the Senate:

House of Representatives

Hon. Charlie Redwine, President State Senate, State Capitol, Atlanta, Georgia.

Atlanta

February 27, 1941

Dear Mr. President:

The citizens of Milledgeville and Baldwin County do hereby extend to you and each member of the respective committees inspecting the State institutions at Milledgeville a most cordial invitation to be their guests for dinner at the Boys Training School at 6:30 o'clock, Central time, Thursday, February 27. 1941.
Sincerely,

J. H. and Marion Ennis, Baldwin Gounty.

Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today immediately after the

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441

period of unanimous consents:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and r<Osolutions favorably reported.
4. Reading House bills and resolutions first time for reference.
4a. Putting on passage local uncontested bills and resolutions.
5. Unfinished business.
6. Special orders and orders of the day.
7. Reading general bills third time ready for passage.
The consent was granted.
Senator Lanier of the 18th asked unanimous consent that the Senate take up the following resolution of the Senate for the purpose of considering an amended substitute offered by the House:
By Senators Kiker of the 41st, Cannon of the 40th and Whaley of the 45th: Senate Resolution No. 13. A resolution authorizing and directing the
Surveyor Ge!leral of the State of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes.
The consent was granted. The House offered a substitute to the resolution.
The House offered the following amendment to the substitute:
Hartness of Fannin and Pannell of Murray move to amend substitute to Senate Resolution No. 13 by striking the words "2 members ftom the House" and substituting "5 members of the House" wherever they appear.
Senator Kiker of the 41st moved that the Senate concur in the House amendment to the House substitute, and the motion prevailed.
The substitute as amended was as follows: A RESOLUTION
Whereas, the true boundary line between the State of Georgia and the State of Tennessee is in doubt; and
\Vhereas, over a long period of years, ftom time to time, the General Assemblies of both States have undertaken to authorize the appointment of committees to meet and establish the true line; and
Whereas, by an Act of the General Assembly of Georgia approved October Hi, 1887, the General Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of having a joint

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survey and settlement of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee whose duty it would be to survey, establish and proclaim the true line; and
Whereas, by an Act approved April 8, 1889, the General Assembly of the State of Tennessee enacted a similar authorization; and
Whereas, notwithstanding these said authorizations the line was never fixed and still remains in doubt; and
Whereas, Section 15-103 of the Georgia Code of 1933 establishes the line between Georgia and Tennessee as follows:
"The boundary between Georgia and North Carolina and Georgia and Tennessee shall be the line described as the 35th parallel of north latitude, from the point of fts intersection by the River Chattooga, west to the place called Nickajack ;" and
Whereas, Section 89 of Chapter 1 of Title 1 of Part 1 of the Code of Tennessee of 1938 establishes the boundary between Tennessee and Georgia as follows:
"The boundary line between this state and State of Georgia begins at a point in the true parallel of the thirty-fifty degree of north latitude, as found by James Carmack, mathematician on the part of the State of Georgia, and James S. Gaines, mathematician on the part of the State of Tennessee, on a rock about two feet high, four inches thick, and fifteen inches broad, engraved on the north side thus: 'June 1, 1818, Var. 6 3-4 East,' and on the south side thus: 'Geo. 35 North, J. Carmack,' which rock stands one mile and twenty-eight poles from the south bank of the Tennessee river, due south from near the center of the old Indian town of Nick-a-Jack, and near the top of the Nick-a-Jack mountain, at the suppos~::d corner of the States of Georgia and Alabama; thence running due east, leaving old D. Ross two miles and eighteen yards in the State of Tennessee, and leaving the house of John Ross about two hundred yards in the State of Georgia, and the house of David McNair one mile and one-fourth of a mile in the State of Tennessee, with blazed and mile-marked trees, lessening the variation of the compass by degrees, closing it at the termination of the line on the top of the Unicoi ~1ountain at five and one-half degrees; and
Whereas, it is to the public interest and welfare that an accurate and exact line between the said States be established and proclaimed:
Therefore, be it resolved by the Senate, the House of Representatives concmTing, that the Governor of Georgia is hereby directed to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question;
Be it further resolved that a standing committee of eight, three from the Senate and five from the House, is hereby created to meet with a similar

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443

committee of the General Assembly of the State of Tennessee to establish, survey and proclaim the true boundary line between Georgia and Tennessee, and to take such further or other action or pursue such remedy or remedies as the joint committee of the Ga. Gen. Assembly by majority vote deems proper to establish the definite and true boundary lines between Georgia and Tennessee. Said three members of committee, who are Senators, shall be designated and appointed by the President of the Senate. Said five members from the House of Representatives shall be designated and appointed by the Speaker of the said House.
Be it further resolved that the expenses of the said standing committee shall be paid for legislative appropriations or from any funds available to the Governor.
Senator Kiker of the 41st moved that the Senate concur in the House substitute as amended, and the motion prevailed.
Senator Edwards of the 6th asked unanimous consent that the following bill of the Senate be postponed until March 4, 1941:
By Senators Edwards of the 6th and Sumner of the lOth: Senate Bill No. 73. A bill to amend "The Entomology Act of 1937",
establishing a State Department of Entomology, defining its powers, duties and functions, by abolishing said Department and by providing that the State Entomologist shall operate and be under the jurisdiction of the State Department of Agriculture and the Commissioner of Agriculture; and for other purposes.
Senator Pilcher of the 7th objected.
At this time, Senator Franklin of the 38th took the chair.
The following bill:; were introduced, read the first time, and referred to committees:
By Senator Edenfield of the 4th: Senate Bill No. 172. A bill relating to the distribution of motion picture
films, providing t.erms and conditions of licen:;ing the same, and providing penalties for violation of this Act; and for other purposes.
Refererd to the Committee on Special Judiciary.
By Senator Guyton of the 1st: Senate Bill No. 173. A bill to provide for the identification of the voters
in all primary elections and elections by ballot within this State, by requiring each voter applying to vote, before receiving a ballot and being allowed to vote, to sign his or her name in a book to be kept by the managers of each box in said primary election to be known as "Voters' Identification Book-" and for other purposes.
Referred to Committee on Privileges and Elections.

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By Senator Edenfield of the 4th: Senate Bill No. 17 4. A bill to amend Section 26-3002 of thP C'ocle of
Georgia relatitg to willful trespass upon the lands of another, by making more definite the word "inclosure", as employed therein, so that the offense and punishment provided therein shall apply to the whole Code Section as amended; and for othet. purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Campbell of the 34th and Couch of the 52nd: Senate Bill No. 175. A bill to ame'1d an Act to provide a pension for
the police department in cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States; and for other purposes.
Refened to Committee on :\iunicipal Government.
By Senators Drake of the 8th and Coker of the 39th: Senate Bill No. 176. A bill to ame,d Section 68-502 of thP Code of
Georgia of 1!l33, as amended by the Act approved March 24, 1!13!), (Ga. Laws 1939, pp. 207-209), defining certain terms used in Chapter 68-5 of said Code and providing certain exemptions not to be includL'd under the term "motor carrier", etc.
Referred to Committee on General Judiciary No. 2.
By Senator Edwards of the 6th: Senate Bill No. 177. A bill to ame'1d 84 ("Professions, Business, and
Trades".), Chapter 84-2 ("Accountants") of the Georgia Code of 1!>:33, as amended, (Georgia Laws, 1!135, page 85, et seq.), to provide for termination term present members, State Board of Accountancy; the appointment of members of the State Board of Accountancy; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Redwine of the 26th: Se'1ate Bill No. 178. A bill to restrict and limit the jurisdiction of the
State Board of Tax Appeals created and provided for by Chapter :3 of the Act approved January 3, 1938, reorganizing the :>dministration of the revenue laws of Ga., and for other purposes.
Referred to Committee on General .Judiciary No. 1.
By Senator Striplin of the 37th: Senate Bill No. 174. A bill to amend subparagraph 18 of section 4 of the
Act approved December 24, 1937, relating to the licensi'1g of motor vehicles, motor busses, trucks and trailers, as amended b~ the Act of 1!13!>, providing for the allocation of funds to the rural post road division of the StatP Highway Department, and for other purposes.
Referred to Committee on Motor Vehicles.
The following resolution of the Senate was read and adopted:

THURSDAY, FEBRUARY 27, 1941

445

By Senators Campbell of the :34th, Coxon of the 2nd, Whaley of the 45th, Edenfield of the 4th, and Smith of the :l5th:
Senate Resolution No. 48-178A. A resolution proposing the membership of traveling committees of the Senate be not limited to three, and t!1at the Treasurer be authorize~! to disburse such sums as may be necessary to defray the expenses of traveling committees of such size as may be approved by the President of the Senate; apd for other purposes.
M:s. Coxon of the 2nd District, Chairman of the Committee on Educai.icn and Public Schools No. 2, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools No. 2 have had under consideration the followi'lg 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. 130. Do pass.
House Bill No. 182. Do pass.
Respectfully submitted, Coxon of 2nd district, chairman.
::vir. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the follo1Yi g 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 t!J.e Senate with the following recommcr.dations:
House Bill No. ~24. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
}'[r. Dorsey of the 32nd 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 a1d have instructed me as Chairman, to report the same back to the Senate with th2 following recommendations:
Senate Bill No. 150. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments

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JOURNAL OF THE SENATE,

to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the follol\ing resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 42-140C. Do pass by substitute.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Daughtry of the 21st 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. 457. Do pass.
House Bill No. 447. Do pass.
Senate Bill No. 154. Do pass.
Senate Bill No. 171. Do pass.
Senate Bill No. 86. Do pass by substitute.
Senate Bill No. 160. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Lanier of the 18th 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 11 ith the following recommendations:
Senate Bill No. 161. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.
Dr. Coker of the 39th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
)\ir. President:

THURSDAY, FEBRUARY 27, 1941

447

Your Committee on Highways a'ld Public Roads have had under consideration the following resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

Senate Resolution No. 47-153. Do pass.

Senate Resolution No. 43-144A. Do pass.

Respectfully submitted, Coker of 39th district, chairman.
Mr. Drake of the 8th District, Chairma'l of the Committee on Counties and County :Hatters, submitted the following report:

Mr. President:

Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

Senate Bill No. 162. Do pass.

House Bill No. 414. Do pass.

Respectfully submitted, Drake of 8th district, chairman.
Mr. Steed of the 43rd Di~trict, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:

Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following- recommendations:

Senate Bill No. G3. Do pass.

Respectfully submitted, Steed of 43rd district, chairman.

Mr. Cannon of the 40th 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 recommendations:
Senate Bill No. 148. Do pass.
Respectfully submitted, Cannon of 40th district, chairman.

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JOURNAL OF THE SENATE,

Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back as correct ant! ready for tra;smission to the House:
Senate Bill No. 102.
Senate Bill No. 101.
Senate Bill No. 108.
Senate Bill No. 136.
Senate Bill No. 105.
Senate Bill No. 87.
Respectfully submitted, Hill of 36th district, chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, wer:: read the second time:
By Senator Wall of the 28th: Senate Bill No. 6:l. A bill to require that all defenda'1ts in misdemeanor
cases be bound over to the County or City Courts for trial; and f<'lu other purposes.
By S(;nator Couch of the 52nd: Senate Bill No. 86. A bill to amend the charter of the City of Atlanta
of 1874 and all Acts amendatory thereto by adding to the said charter an additional provision with reference to the reve 1ue to be paid by the said City for school purposes; and for other purposes.
By Senator Odom of the 9th: Senate Bill No. 130. A bill to repeal Section :~2-U48 of the Code of 1!J33
relating to the school equalization fund by substituting a new Section therefor providing a method for distribution of the school equalization fund; <1'1d for other purposes.
By Senator Redwine of the 26th: Senate Bill No. 150. A bill to amend an Act to create a Department of
Public Safety for Georgia by providing certain fees for the sheriffs of the several counties of this State; and for other purposes.
By Senator Guyton of the 1st: Senate Bill No. 154. A bill to amend an Act to create and incorporate
the City of Springfield so as to authorize the municipal authoritiLs of said City to contract with EGingham County for quarters, board and the use and

THURSDAY, FEBRUARY 27, 1941

449

work of convicts in the Mayor's Court of said City; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 161. A bill to repeal the Act permitting the sale of tax
executions in blocks at a discount by counties of over 200,000 population and by municipalities therein; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 160. 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.
By Senator Couch of the 52nd: Senate Bill No. 162. A bill to amend an Act to authorize the Clerk of
the Superior Court or other proper officer in counties of this State having a population of 200,000 or more by the census of 1930, to install photostatic equipment or other photographic equipment for the purpose of recording chattel mortgages or other personal property contracts; and for other purposes.
By Senator Franklin of the 38th: Senate Bill No. 171. A bill to amend an Act of the General Assembly of
Georgia creating a new charter for the City of Rockmart in the County of Polk, so as to enlarge and extend the corporate limits of the City of Rockmart by incorporating additional and contiguous territory therein; and for other purposes.
By Senators Clark of the 44th, Fortson of the 50th, Hill of the 36th, Bradley of the 13th, Edenfield of the 4th, and Campbell of the 34th:
Senate Resolution No. 42-140C. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution by providing that Revenue Anticipation Obligations shall not be deemed against the political subdivision issuing such obligations; and for other purposes.
By Senator Fortson of the 50th: Senate Resolution No. 43-144A. A resolution directing the State High-
way Departme'1t to make certain restitutions to the Commissioners of Roads and Revenues of Wilkes County; and for other purposes.
By Senators Park of the 19th, Almand of the 27th, and Gross of the 20th: Senate Resolution No. 47-153. A resolution to have Highway No. 15 com-
pleted and paved; and for other purposes.
By. Mr. McCracken of Jefferson: House Bill No. 182. A bill to authorize School District No. 1, in the
County of Jefferson, to incur a bonded indebtedness; and for other purposes.
By :vir. Gowen of Glynn: House Bill No. 414. A bill to amend an Act approved February 11, 1937,
to create a Board of Commissioners of Roads and Revenue for Glynn County;

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JOURNAL OF THE SENATE,

and for other purposes.
By Mr. Gross of Stephens: House Bill No. 447. A bill to amend an Act approved December 20, 18!)7,
_incorporati'lg the City of Toccoa; and for other purposes.
By Mr. Wells of Clayton: House Bill No. 457. A bill to amend an Act to incorporate the Town of
Riverdale, in the County of Clayton, to prescribe its limits; and for other purposes.
By Messrs. Sabados and wetherbee of Doug:1erty: House Bill No. 524. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Dougherty; and fur other purposes.
By Senators Coker of the 39th and CanY<on ui the 40th: Senate Bill No. 148. A bill to repeal Sections 3 and 4 of an Act ap-
proved August 20, 1917, authorizing any fraternal benefit society in thi~ State to issue benefit certificates to its members in accordance with its laws providing for the establishment of its member~hip into divisions and cla~~e,; of the same age of entry; and for other purposes.
.The following bills of the House were read the first time and refened to committees:
By Mr. :\iann of Whitfield: Honse Bill No. 486. A bill to create and establish the City Court of Dalton,
in aPe! for the County of \Vhitfield; and for other purposes.
Senator Steed of the 43rd asked unanimous consent that House Bill No. 'l8G, a local hill affecting his district, be referred to the Committee on State of Republic, and the consent was granted.
By Messrs. Roughton and Smith of Washington: House Bill No. 487. A bill to amend an Act of the General Assembly of
Georgia, approved March 24, 1937, fixig- the compensation of Tax Commissioner of Washington County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 496. A bill to reduce the official bond of the sheri:
of Sumter County from $10,000 to $G,OOO; and for other purposes. Referred to Committee on Counties ar1d County Matters.
By Mr. Dyal of Appling: House Bill No. 498. A bill to amend an Act to create the office of
Commissioner of Roads and Revenues for Appling County; and for other purposes.
Referred to Committee on Counties and County Matters,

THURSDAY, FEBRUARY 27, 1941

451

By Mr. Witherington of Wilcox: House Bill No. 500. A bill to amend an Act so as to change the regular
monthly meeting of Commissioners of Roads and Revenues of Wilcox County from second Monday in each month to first Tuesday in each month; and for other purposes.
Referred to Committee on Counties and Counfy Matters.
By :\ir. Brooks of Oglethorpe: House Bill No. 532. A bill to fix the amount of the bond of the sherfif
of Oglethorpe County, and to provide that the surety on said bond shall be a surety company authorized to transact business in this State; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Dunaway, Candler and Turner of DeKalb: House Bill No. 55.1. A bill to fix the date of General Primary Elections
in DeKalb County; a!ld for other purposes. Referred to Committee on Counties and County Matters.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senator Gross of the 20th: Senate Bill No. 93. A bill to amend an Act establishing the City Court of
Sandersville and all Acts amendatory thereof by providing the number of jury strikes in said cou1t; and for other purposes.
The report of 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 Drake of the 8th: Senate Bill No. 95. A bill to abolish the fee system now existing in the
Superior Courts of the Pataula Judicial Circuit, as applied to the office of Official Court Reporter; and for other purposes.
The report of 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 Edenfield of the 4th: Senate Bill No. 143. A bill to amend an Act granting a charter to the
City of Kingsland, relative to the city limits; and for other purposes.
The report of the committee, which was favorable to the passa~e of the

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JOURNAL OF THE SENATE,

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 Edenfield of the 4th: Scnate Bill No. 144. A bill to amend an Act granting to the City of
Kingsland a charter approved August 15, 1!!27 so as to authorize the City of Kingsland to pass zoning and plaming 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 Senator Gross of the 20th: Senate Resolution No. 41-140B. An Act to propose to the qualified voters
of Georgia an amendment to Article 7, Sectio1 7, Paragrap:1 1, of the Constitution of Georgia, so as to authorize Davisboro Consolidated School District, of Washington County, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Gl:orgia, for the purpose of refu,,ding and retiring a portion of its existing bonded ind~btedness and interest thereon past ~:ue and unpaid as of January 1, 1!!41, and 'which becomes due up to and including July 1, 1!!41; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness a 1d interest bereon, past due and unpaid on January 1, 1941, and which may become due up to and including July 1, 1!!41; to provide for the submission oi the amendment for rati:iication by the people, and for other purposes.
Section 1. Be it enacted by the Ge'teral 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 word~, to-wit:
"And except that Davisboro Consolidated School District, of Washi11gton County, may issue refunding bonds not in excess of the aggregate sum of $12,000.00, for the purpose of refunding and retiring any bonded indebtedness and i1terest thereon of said Scl1ool District outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including July 1, 1941, a'1d provide for the assessment and col!ection of an annual tax, sufficient in amount to pay the principal and interest of said bonds so issued by Davisboro Consolidated School District, of Washington County, to be used exclusively for the purpose of paying anJ retiring said bonded indebtedness ad interest thereon past due and unpaid as of January 1, 1!!41, and any bonded indebtedness and interest thereon outstanding and which be.

THURSDAY, FEBRUARY 27, 1941

453

comes due up to and including Jul:; 1, 1941. Said refundir.g bonds shall be issued "hen aut)lorizcd by a resolution of the Board of Trustees of Davisboro Consolidated School District, and shall be validated as provided by law."

Section 2. Be it further enacted by the authority aforesaid, that when 'aid amendment shall be agreed to by a two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published i11 one or <l10l'e newspapers in eac~ 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, same shall at said general election be submitted to the people for ratiiication. All persons \'Oting at said election in favor of adopting the said proposed amendments to lhe 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 Davisboro Co'"lsolidated School District, of Washington County, to issue refunding bonds," and all persons opposed to tho adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendmor1t of Article 7, Section 7, Paragraph 1, of the Constitution authorizing Davisboro Consolidated School District, of Washington County, to issue refunding bonds". And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly the said amendmont 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 Ia ws in conflict herewith are hereby repealed.

The report of the committeC', which was favorable to the adoption 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 wore Senators:

Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Daughtry Dobbs

Dorsey Drake Edwards Fortson Foster Garner Gross Guyton Hamilton Harrison Hill Holt

Houston Kirkland Lanier Martin Mason McGehee Milhollin Mosley Park Pilcher Ragan Rowland

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JOURNAL OF THE SENATE,

Smith, 35th Steed

Striplin Whaley

Not voting were Senators: Adams, Almand, Coxon, Edenfield, Franklin, Kiker, Lewallen, Odom, Smith of 24th, Sumner, and Wall.

By unanimous conse!lt, the verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Messrs. Rees of Webster, Ferguson and Suggs of Sumter, Guerry of Macon, Ansley of Lee, Anglin of Stewart and Smith of Schley:
House Bill No. 137. A bill to provide for the Official Court Reporter of the Southwestern Judicial Circuit; to pay the salary of said Official Court Reporter; and for other purposes.

The report of 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. Rees of Webster:
House Bill No. 410. A bill to reduce bond of sheriff of Webster 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. Gross of Stephens:
House Bill No. 422. A bill to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County; and for other purposes.

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

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

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

By Mr. Dunn of Lamar:
House Bill No. 424. A bill to amend the charter of 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.

THURSDAY, FEBRUARY 27, 1941

455

On the passage of the bill, the ayes were 35, nays 0.
The bill, having 1eceived the requisite constitutional majority, was passed.
By Messrs. Goddard and Swint of Spalding: House Bill No. 427. A bill to reduce the bond of the sheriff of Spalding
County from ten thousand dollars to five thousand dollars; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :.\1essrs. Wells and Le-wis of Burke: House Bill No. 428. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Burke; and for other purposes.
The report of 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. Dyal of Appling: House Bill No. 430. A bill to ame'1d an Act to amend 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 agrecd to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By McRsrs. Ford and Jones of Worth: HouRe Bill No. 432. A bill to amend the Act to create and establish a
Board of Commissioners of Roads and Revenues of Worth County; to fix and prescribe their jurisdiction, powers and duties; a'1d for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agTeed to.
On the passage or the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wilbanks of Cherokee: House Bill No. 433. A bill to amend an Act to establish a new charter
for the City of Canton; to provide power and authority for the enactment and

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JOURNAL OF THE SENATE,

passage of 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. Kea of Laurens: House Bill No. 437. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenues for the County of Laurens; and for other purposes.
The report of 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 Roberts of Gwinett: House Bill No. 440. A bill to amend an Act to create a new charter and
municipal government for the City of Buford; and for other purposes.
The report of the committee, which was favorable to the passage of the Lill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was pas~ed.
By Mr. Bradbury of Oconee: House Bill No. 456. A bill to amend an Act to amend the Charter of
Bogart, in Oconee County so as to provide for elections to fill vacancies of the Mayor and Council; and for other purposes.
The report of 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. Witherington of Wilcox:
House Resolution No. 26'-107C. A resolution to relieve Joe Jones and Joe L. Dennard as sureties on the bond of Jerry Peavy; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was

THURSDAY, FEBRUARY 27, 1941

457

adopted.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 28-107E. A resolution relieving C. F. McCook of
surety bond; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Bloodworth, Grice and \Veaver of Bibb: House Resolution No. 29-107F. A resolution relieving S. C. Clemons of
surety bond; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the re~;olution, the ayes were 35, nays 0.
The resolution, haYing received the requisite constitutional majority, was adopted.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Resolution No. 34-137C. A resolution for relief of M. E. Field
and H. M. Bedgood, as sureties on bond of J. J. Bedgood, indicted for emoezzlement; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Bloodworth, Weaver and Grice of Bibb: House Resolution No. 35-137D. A resolution relieving M. E. Field as
surety on walter Junior; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Edwards of the 6th arose to a point of personal privilege and addressed the Senate.

458

JOURNAL OF THE SENATE,

UndQr the order of unfinished business, the following bill of the SPnate was taken up for consideration:
By Senators Houston of the 51st, and Milholli'1 of the 46th: Senate Bill No. 97. A bill to provide for the filing of a contest in political
primary elections held by any political party, organization or association for the purpose of choosing or selecting candidates for any oEice in this State, i'1cluding municipal officers, county officC'rs, state house officers, members of Congress; and for other purposes.
A substitute to the bill offered by Senator Houston of the 51st was adopted on February 26, 1941.
Senator Laniet of the 18th asked unanimous consent that the Senate reconsider its adoption of the substitute, in order that he might offer an amendment.
The consent was granted, and the adoption of the substitute was reconsidered.
Senator Lanier of the 18th offered the following amendment to the substitute:
Senators Houston of the !'i 1st and Lanier of the 18th move to amend Senate Bill No. n7 by adding aftpr the word "county" in line eight of Section three, the following:
"or the district, but who received one-third as many votes as the leading cane! iclate".
The amendment was adopted.
The substitute as amended was as follows: A BILL
To be entitled an Act to provide for a recount of the ballots in all primary Plcctions hereafter held in the State of Georgia for the nomination of candidates for members of the General Assembly, Governor, Statehouse officers, and all other State, County and National officers elected by the people; to authorize a demand for a recount of ballots cast in such primary elections; to prescribe the method of conducting such recount and for afcertainment oi the result of such primary election; to provide the force and effect of such recount and for the enforcement of the result thereof; to prescribe penalties for the violation of this Act; and for other purposes.
Be it enacted by the General Assembly o2 Georgia:
Section 1. That the legislative intent and purpose of this Act is to effectuate fair and honest primary elections for the nomination of candidates for public office in this State.
Section 2. The provisions of this Act shall apply to all primary elections heteafter held in this State by any political party for the purpose of nominating

THURSDAY, FEBRUARY 27, 1941

459

candidates for Governor, Statehouse officers, members of the General Afl.sembly, members of Congress, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors General a'ld County officers, and all such primary elections hereafter held for the nomination of any candidate for any State, County, District or National office required to be filled by election by the people of this State or any part thereof, whether such primary election be held to nominate candidates for u!lexpired terms or full terms.
Section 3. Any defeated candidate in any such primary election who received thirty-three and one-third per cent. of the total vote in any county for the patticular office for which he was a candidate, as determined by the result uf the first count or canvass of the votes cast at any such primary election, or any defeated candidate for a State, National or District office, who may not have received such thirty-three and one-third per cent. of the total vote cast in the county or dishict but who received one-third as many votes as the leading candidate but who may bona fide contend that a recount of the ballots in any county will change the announced result of the primary election in the State or District wherein he was a candidate for such nomination, shall have the right to demand of the county executive committee of any such county or other authority conducting such primary election, a recount of the ballots cast in such election for the particular office for which he was a candidate. Such demand shall be filed with the chairman of the county executive committee within forty-eight hours after the announcement of the result of such primary election by the county executive committee, if such defeated candidate is a resident of the county wherein the recount is demanded, and if a non-resident of the county, withi!l ninety-six hours after the announcement of such result. The demand shall be in writing and signed by such candidate if he is a resident of the county and by some one by him thereunto lawfully authorized if he is not a resident of the county. Any such canrlidate who is a non-resident of the county where a recount of the ballots is demanded shall have a right to designate a representative in any such county to enter such demand on his behalf. Such demand shall state the total number of ballots cast for the particular office for which such candidate was a candidate and .the number of ballots cast for such defeated candidate according to the declared result, and that such defeated candidate bona fide believes that a recount of the ballots would change the announced result of the election in such county.
Section 4. When such written demand for recount of the ballots is filed as required by the foregoing section, it shall be the duty of the executive committee of the county or the chairman thereof or other official of the county or of the political party .holding such primary, under whose authority it was held, to grant such recount and to notify all candidates voted for at the primary of such demand for the recount and to fix a time and place for conducting a recount, of which all such candidates shall have not less than forty-eight hours notice.
Section 5. Upon the filing of such demand for a recount and upon notice thereof being given to all candidates at such primary, such defeated candidate

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JOURNAL OF THE SENATE,

or candidate authorized to demand and actually demanding a recount in conformity with the foregoing section, and the successful candidate, shall each immediately select one representative to act as a member of a committee to conduct the recount of the ballots. The judge of the superior court of the judicial circuit adjoining that in which such county is located shall be the third member of the committee to conduct such recount. If there be more than one such judge of the superior court or more than one such adjoining circuit, the senior judge in commissio!l shall be the member of the committee, unless he be disqualified by reason of relationship within the fourth degree according to the Cannon Law to one of the contending parties; in that event, the next judge in point of seniority shall be a member of the committee. The committee as thus constituted shall conduct the recount of the ballots as hereinafter provided.
Section 6. The said committee constituted as aforesaid for the recount of the ballots in any such election shall meet within forty-eight hours after their appointment and proceed publicly with the recount of the ballots cast in any such election where such recount has been demanded, in the manner and form herein set out. The said committee constituted as aforesaid to conduct said recount is hereby clothed with authority to subpoena witnesses as well as any records, the subpoenas for the same to be furnished by the sheriff of said county. At such recount, the said committee shall have the right to hear witnesses, to administer oaths to witnesses, and to certify to the judge of the superior court of the circuit in which the recount is conducted for punishment for contempt any witness who has failed to appear at such proceeding for the recount of said ballots, after said witness has been served with a subpoena as aforesaid, or for refusal to testify at such proceeding, or for any other misbehavior or other unlawful conduct at such proceeding. Upon such certification, the judge of the superior court shall punish any such party so certified as for contempt of court, in the same manner and under the same provisions as if such contempt had been committed in the superior court of the county where such recount of the ballots is being held.
Section 7. At any such recount of the ballots made by the aforesaid committee constituted as aforesaid, the said committee shall have the right to determine whether any ballot recounted was legally cast by a duly qualified elector and voter of said county, and if such committee should determine that any ballot was illEgally cast, said committee shall have the right to throw out and not count the said ballot in determining the final result of such recount. For the purpose of determining whether any of the ballots cast in such election and which are subject to being recounted were cast by legally qualified voters, the said committee shall have the right to subpoena and have possession of the registration books and registration cards of the county where such primary election has been held, and the officer of said county or other authority having charge of such records shall immediately produce the same upon subpoena or upon demand by said committee.
Section 8. Upon any demand for a recount being filed by any defeated candidate, in the manner and form hereinbefore set out, the tally sheets, reg-

THURSDAY, FEBRUARY 27, 1941

461

istration lists, and the ballots cast, and the list showing the result of the count of the ballots and the ballot boxes of the various precincts in the several militia districts in 3aid county, shall be kept under seal and lock in a safe place by the official of the county whose duty under the law is to receive the same from the election officials or ma'lagers of such election, and no one shall be permitted to inspect said tally sheets, registration lists and ballots cast, and the list showing the result of the count of the ballots and the ballot boxes of the various precincts thereafter, or to have possession of the same before the said committee constituted herein for such recount shall have taken the same into custody from such official or officials of the county. It shall be the duty of such official or officials of the county receiving the aforesaid records from the election officials or managers of such election to deliver the said records to the said committee constituted herein for such recount.
Section 9. After said committee has met for the purpose of conducting said recount and has opened for inspection the election returns, including the list of ballots cast, tally sheets and ballot boxes, and other records connected with such election, the defeated candidate and the successful ca1didate in such election or their duly authorized attorneys or agents shall have the right to inspect said records in the presence of said committee.
Section 10. After said committee has met and obtained such recordg and opened the same, either the defeated candidate or the successful candidatE' shall have the right to ask for postpo'1cment or continuance of said recount for a reasonable time, for the purpose of securing evidence in subpoenaing witnesses. The g-ranting of such motion or motions shall rest in the sound discretion of such committee.
Section 11. A majority of said committee shall constitute a quorum, and the ruling of the majority of such committee on any matter arising before said committee for determination shall be controlling and final. The superior court judge serving as a member shall be chairman of the committee and preside at meetings.
Sectio'1 12. within twenty-four hours after the aforesaid proceedings for a recot;nt of such ballots have been finally closed, the said committee shall publicly announce the result thereof and reduce the same to writing, and file a 1:eport thereof with the executive committee of the county or other official under whose authority such primary election has been held, and with the Chairman of the State Executive Committee or other appropriate State authority of the political party balding such primary if the same relates to other than a county of:iice. The report and finding3 of such committee on such recount shall be final, and shall be adopted, promulgated, published and certified as such by the authority of the political party under whose jurisdiction the said primary election has been held.
Sectio1 13. Any certification of the result of such primary election which has been made by the executive committee of said county or other authority conducting said primary election, or the result of any such election prior to the filing of such demand for a recount, or prior to the findings and reports of

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JOURNAL OF THE SENATE,

such committee conducting the recount, shall be superseded and set aside and be null and void, in the event the result of the vote in sue~ election is changed by the action of such c::ommittee and any defeated candidate filing such demand for a recount is determined by said committee to have bee'1 nominated to the office for which he was a candidate.
Section 14. In the event the executive committee of said county or other authority conducting and holding said primary election should fail or refuse to adopt, as herein set out, the report and findings of such committee conducting said recount of the ballots in said election, then the candidate for office whose rights may be affected by the failure or refusal of such executive committee or other authority to abide by such report of such committee shall have the right to proceed by mandamus or appropriate legal or equitable remedy in the courts of this State to enforce the report and findings of such committee co1ducting the recount of the ballots as herein provided. Jurisdiction to hear and determine such cause is hereby conferred upon the superior courts of the State, notwithstanding the political nature of any such controversy.
Section 15. Any person or official violating any of the provisio'1s of this Act shall be held to be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.
Section 16. All laws and parts of laws in conflict with this Act arc hereby repealed.
The substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Edwan:s of the 6th moved that the following bill of the Senate be postponed and set as a special order of business for Tuesday, March 4, 1941:
By Senators Edwards of the 6th and Sumner of the lOth: Senate Bill No. 73. A bill to amend "The Entomology Act of 1937"
establishing a State Department of Entomology, defining its powers, duties and functions; and for other purposes.
The motion prevailed.
Se~ator Harrison of the 23rd asked unanimous consent that the Senate take up the following resolution of the Senate for the purpose of considering an amended substitute offered by the House:
By Senator Harrison of the 23rd: Senate Resolution No. 21-68B. A resolution proposing to the qualified
voters of the State of Georgia for ratification or rejection an amendment to Paragraph 3, Section 4, Article 3 of the Constitution so as to provide for

THURSDAY, FEBRUARY 27, 1941

463

annual sessions of the General Assembly; and for other purposes.
The consent was granted.
The House o;fered a substitute to the resolution.
The House offered the following amendment to the substitute: Messts. Harris of Richmond and Davis of Coweta move to amend committee substitute to Senate Resolution No. 21-68B by striking from line 12, of Paragraph ;3, as proposed to be inserted in the Constitution the word "ending" and inserti'g in lieu thereof the word "beginning". Also to strike from line 3, of said Paragraph as it appears on page 3, of the Committee Substitute the word "ending" and insert in lieu thereof the word "beginning".
Senator Harrison of the 23rd moved that the Senate concur in the House ame'1dmcnt to the House substitute, and the motion prevailed.
The substitute as amended was as follows:
A RESOLUTION Proposing to the qualified voters for ratification or rejection an amendment to Article ;3, Section 4, Paragraph 3 of the Constitution of Georgia relating to sessions of the General Assembly so as to provide for annual sessions of fifty days; to repeal the provisions relating to organization sessions; to provide the term of officers of the General Assembly; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article 3, Section 4, Paragraph 3 of the Constitution of Georgia which provides as follows:
"Paragraph 3. Mec ting. Business limit at first session. The General Assembly s!lall meet on the second :.Vionday in January, 1933, a'1d biennially thereafter on the same date until the da~ shall be changed by law. Such ses~ion shall continue no longer than ten days, and the only busi'1ess which shall be transacted thereat shall be the election of officers of the General Assembly and the organization of same; the inauguration of the Gover'1or-elect, and other Statehouse officers, whose terms of office run concurrently with C1at of the Governor; the election or appointment of committees of each house; the election of the Governor and other Statehouse officers, in the event of no election by the people as under the present provisions of this Constitution; the decision o;' contested elections for Governor and other officers as under present provisio'1s 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 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, Hl33, and biennially thereafter on the same date until the datc shall be changed by law. No such regular session of the General Assembly shall continue longer than sixty days: Provided, that if an im-

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JOURNAL OF THE SENATE,

peachment trial is pending at the end of sixty 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 and Senate during said special session above provided for, and approved by the Gover!lor, is hereby authorized to fix a date for reconvening in reg-ular session 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 for the same as the Governor shall expire upon the inauguration of the Governor at the first biennial session held under the provisions hereof in January, 1933 ;"
Be and the same is hereby amended by repealing the entire present Article 3, Section 4 of Paragraph 3 of the Constitution and by inserting in lieu thereof a new Article 3, Section 4, Paragraph 3 to read as follows:
"Paragraph 3. Meeting. The General Assembly shall meet in regular session on the second Monday in January, 1942, and thereafter on the second Monday in January until the day shall be changed by law. No such regular session of the General Assembly shall continue longer than fifty days: Provided, that if an impeachment trial is pending at the end of fifty days, the session may be prolonged until completion of said trial. The terms of the present incumbents i'1 the offices of Governor and those which are for the same as Governor shall expire upon the inauguration of the Govemor at the session beginning under the provisions hereof in Januaty, 1943. The term of the present officers of the General Assembly shall expire at the session beginning in January, 1943, and thereafter shall be elected for a term of two years."
Section 2. When this amendment shall be agreed to by a two-thirds vote of the members of the House and Senate, it shall be entered upon the Journal of each House with the "ayes" and "nays" thereon, and shall be published in the man!ler now provided by law, and shall be submitted at the next general election after such publication to the voters of the State of Georgia qualified to vote for the members of the General Assembly, for ratification or rejection. All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: "For ratification of the amendment to Article 3, Section 4, Paragraph 3 of the Constitution of Georgia, providing an a!lnual fifty-day regular session of the General Assembly." All voters desiring to vote against the ratification of said p1oposed amendment shall have written or printed on their ballots the 'Words: "Against ratification of the amendment to Article 3, Section 4, Paragraph 3 of the Constitution of Georgia, providing an ammal fifty-day regular session of the General Assembly." If a majority of the electors qualified to vote for the members of the General Assembly shall vote for ratification thereof, the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and the Secretary of State shall certify the results of said election to the Governor and the Governor shall make and publish his proclamation and said amendment shall thereupon become a part of Article 3, Section 4, Paragraph 3 of the Constitution of Georgia.

THURSDAY, FEBRUARY 27, 1941

4651

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

Senator Harrison of the 23rd moved that the Senate concur in the House substitute as amended.

On the motion to concur, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey

Edwards Fortson Foster Franklin Garner Gross Hamilton Harrison Hill Holt Houston Kiker Lanier Martin

Mason McGehee Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Steed Striplin Wall Whaley

Not voting were Senators: Coxon, Dobbs, Edenfield, Guyton, Kirkland, Lewallen, Milhollin, Smith of 35th, and Sumner.

By unanimous consent, the verification of the roll call was dispensed with.
On the motion to concur, the ayes were 43, nays 0.
The substitute, as amended, having received the requisite constitutional two-thirds majority, was concurred in.
The following bill of the Senate was read the third time and put upon its passage:

By Senators Edwards of the 6th and Campbell of the 34th: Senate Bill No. 66. A bill governing and regulating the' use of the
public roads and public highways of this State, according to recommendations of the Highway Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads; and for other purposes.
The committee offered the following substitute, which was adopted:
A BILL To be entitled an Act governing and regulating the use of the public roads and highways of this State, according to recommendations of the Highway

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JOURNAL OF THE SENATE,

Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads, in the interest of Public Safety and the protection and preservation of the public roads and highways of this State, by vehicles and parts of vehicles; to provide for the enforcement of this Act; to grant temporary permits under certain conditions and limitations; to provide for dimensions, length and weights, and lights of motor vehicles; to provide penalties for the violation of the provisions of this Act; to repeal sections 68-401, setting dimensions of motor vehicles, 68-402, setting weight limits of motor vehicles, and 68-702, setting requirements for weight, sizes and lights of motor vehicles, of the Code of Georgia of 1933; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. ( 68-401). On and after the passage of this Act it shall be unlawful to operate upon any public road or public highway of this State any vehicle or vehicles which do not conform to uniform standard specifications which have been adopted by the American Association of Highway Officials and the United States Bureau of Public Roads as follows:
(a) No vehicle shall exceed a total outside width including any load thereon, of ninety-six inches (96"); no vehicle unladen or with load shall exceed a height of 13 feet 6 inches; no vehicle shall exceed a length of 35 feet exbeme overall dimensions, inclusive of front and rear bumpers; combinations of vehicles shall consist of not more than two units, and, when so combined, shall not exceed a total length of 45 feet; for occasional movements of materials or objects of dimensions which exceed the limits herein provided, a special permit shall be required as now provided by law. Provided, however, that loads of poles, logs, lumber, structural steel, piping, and timber may exceed the length herein fixed without requiring special permit.
(b) No wheel equipped with high pressure, pneumatic, solid rubber or cushion tires shall carry a load in excess of 8,000 pounds, or any axle load in excess of 16,000 pounds; no wheel equipped with low-pressure pneumatic tires shall carry a load in excess of 9,000 pounds, or any axle load in excess of 18,000 pounds; an axle load shall be defined as the total load on all wheels whoEe centers may be included between two parallel transverse vertical planes 40 inches apart.
(c) Subject to the limitation imposed by the recommended axle loads, no vehicle shall be operated whose total gross weight, with load, exceeds that given by the formula W equals c (L plus 40) where: W equals total gross weight with load, in pounds; c equals 700; L equals the distance between the first and last axle of a vehicle or combination of vehicles, in feet.
Section 2. It shall be lawful to operate over the highways of this State any vehicle which complies with the provisions as to dimensions, tires and loads, as stated in the preceding section.
$ection 3. Motor vehicles or combinations of vehicles exceeding the

THURSDAY, FEBRUARY 27, 1941

467

length herein provided for may operate upon the public highways with special written permission of the Public Service Commission given for some temporary or special purpose. Nothing herein shall be construed to prohibit the hauling of timber, lumber and piling by motor trucks, regardless of the length Qr weight, from the forest where cut to the owner's place of business, plantation or residence within the county where originally cut or the adjoining county. Every vehicle using the highways at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than one hundred feet from the front and rear thereof.
Section 4. Any person, firm, corporation, association, trustee, receiver, or other fiduciary, or owner, employee or other agent, who, by himself, itself, or themselves, or through or in connection with another, violates or participates in violation of any of the provisions of this Act, shall be guilty of a misdemeanor and punished as such.
Section 5. Each section of this Act, and such part thereof, is hereby declared to be an independent Section and part of a Section, and the holding of any Section or any part of a Section to be void or ineffective for any cause will not affect any other Section or part of a Section of this Act.
Section 6. The provisions of this Act, not in conflict with or superseding existing laws, are declared to be cumulative to the laws of this State regulating the use of highways and public roads of this State.
Section 7. Section 68-401 of the Code of Georgia of 1933, which reads as follows:
"No vehicle of gTeater width than 96 inches, including load, except traction engines, the width of which shall not exceed 108 inches, and no vehicle of greater height than 12 feet, six inches, or of greater length than 30 feet, and no combination of vehicles coupled together, the total length of which, including load, shall be greater than 85 feet, shall be operated on the highways: Provided, that in special ca~es vehicles the dimensions of which exceed the foregoing may be operated under permits granted as hereinafter provided;" is hereby repealed.
Section 8. Section 68-402 of the Code of Georgia of 1933, which reads as follows:
"No vehicle of four wheels or less, whose gross weight, including load, is more than 22,000 pounds, no vehicle having a greater weight than 17,600 pounds on one axle, and no vehicle having a load of over 800 pounds per inch width of tire upon any wheel concentrated upon the surface of the highways (said width in the case of rubber tires to be measured between the flanges of the rims) shall be operated on the highways: Provided, that in special cases vehicles whose weight, including loads, exceeds that herein prescribed may be operated under special permits gTanted as hereinafter provided: Provided, further, that the State Highway Commission may designate certain roads or sections of roads on the State-aid highway system on which the traffic requirements do not justify heavy type of pavement at the present time, and

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JOURNAL OF THE SENATE,

the said State Highway Commission may prescribe the maximum gross weight of vehicles, including loads, which may be operated over the sections thus designated"; is hereby repealed.
Section !J. Section GS-702 of the Code of Georgia of 1!J33, which reads as follows:
"There shall not be operated on any highway any motor vehicle whose width, including load, and any frame, part, or body used thereon or in connection therewith, is at its maximum width gTeater than 9G inches, or whose height, including load, and any frame, part, or body used thereon or in connection therewith, is at maximum height greater than 12 1-2 feet, or whose length, including load, and any fram2, part, or body used thereon or in connection therewith, is at maximum leng~h gTeater than 35 feet; and no combination of such vehicles coupled together shall be so operated whose total length, including load and any frame, part, or body, srall in the aggregate be greater than 45 feet. No motor vehicle or combination of vehicles, the weight of whose load exceeds 12,500 pounds for each unit having two or more axles, and G,:l50 poun;ls where such unit has only one axle, and no motor vehicle or combination of vehicles exceeding the length herein provided for, shall operate upon the public highways without special written permission of the Public Service Commission given for some temporary and special purpose. Nothing herein shall be co-:strued to prohibit the hauling of timber, lumber, and piling by motor trucks, regardless of length or weig:<t, from the forest where cut to the owner's place ol" business, plantation, or residence within the county where originally cut or the adjoining county. Every vehicle using the highways at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than 100 feet from the front and rear thereof"; is hereby repealed.
Section 10. No railroad, railroad company, railway company, or person, firm or corporation op~rating any line of railway in this State shall be required by the Georgia Public Service Commission, or otherwise, to alter its tracks at a'1y underpass, or railroad trestle or bridge; to alter the grade o{ any public road or highway at any such underpass, railroad trestle or bridge, o.r to othlnvise relay or reconstruct any portion of its tracks, or other structures, or any portion of any public road or highway, by reason of the provisions of this Act, or to accommodate any motor vehicle exceeding twelve feet six inches (12' G") in height.
Section 11. All laws or parts of laws of this State which are inconsistent
and I or in conflict.,, ith the provisions of this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agTeed 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.

THURSDAY, FEBRUARY 27, Hl41

4G9

Senator Campbell of the 34th asked unanimous consent that Senate Bill No. 66 be immediately transmitted to the House, and the consent was granted.
The following resolution of the Senate was read the third time and taken up for consideration:
By Senator Fortson of the 50th: Senate Resolution No. 17. A resolution proposing to the qualified voters
of the State of Geo1gia for ratification or rejection, an amendment to Article fi, Section 1 of the Constitution, placing a limitation upon the pardoning power of the Governor; and for other purposes.
The Committee on Amendments to Constitution offered the following substitute which was adopted:
A RESOLUTION Proposing to the people of Georgia an amendment to Article 5, Section 1, ParagTaph 12, of the Constitution of Georgia providing a limitation upon the pardoning power of the Governor.
Be it resolved by the Gemral Assembly of Georgia:
Section 1. That Article 5, Section 1, of the Constitution of Georgia be amended by striking pal'a!!."raph 12 of said section and article in its entirety and inserting in lieu thereof a new paragraph 12, which shall read as follows:
"Paragraph 12. Reprieves and Pardons: Upon the recomme~dation of a majority of the members of the Prison and Parole Board (or such other agency as may exercise the power vested by law in the Prison and Parole Board at the time of the submission of this amendment), he shall have power to grant reprieves and pardons, commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulation as may be provided by law relative to the manner of applying for pardons; and he shall have power, without such recommendation, to reprieve or commute to life imprisonment any sentence of death imposed under the laws of this State, except in cases of treason. Upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the nPxt meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall, at each session of the General Assembly, communicate to that body each case of rt.!prieve, pardon, or commutation ?;ranted, stating the name of the convict, the offense of which he was convicted, the sentence and its date, the elate of the reprieve, pardon, or commutation, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State."
Section 2. That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of

4'70

JOURNAL OF THE SENATE,

the General Assembly approved :March 24, 1939.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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:

Adams Almand Barger-on Barnhill Bland Bradley Burnside Campbell Cannon Clark Coker Couch Coxon Daughtry

Dorsey Edenfield Edwards Fortson Foster Franklin Garner Gross Hamilton Harrison Hill Holt Houston Kiker

Lanier Martin Mason McGehee Mosley Park Pilcher Rowland Smith, 24th Steed Striplin Wall Whaley

Not voting were Senators: Dobbs, Drake, Guyton, Kirkland, Lewallen, Milho!lin, Odom, Ragan, Smith of 35th, and Sumner.

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted by substitute.

The President addressed the Senate briefly expressing his thanks for the nearly one hundred per cent attendance at today's session, pointing out the absence of only two Senators who had been granted leaves of absence due to illness.

Senator Almand of the 27th arose and in behalf of the members expressed the appreciation of the Senate for the fairness and impartiality of the President, whose fine character, he stated, inspired the members to lend their presiding officer every cooperation possible.

Senator Clark of the 44th voiced a like appreciation of the President, as did Senator Park of the 19th.

Senator McGehee of the 25th moved that the Senate do now adjourn, and the motion prevailed.

Senator Franklin of the 38th, acting for the President, announced the Senate adjourned until Monday morning at 10 o'clock.

MONDAY, MARCH 3, 1941

471

Senate Chamber, Atlanta, Georgia,
Monday, :March 3, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning 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 Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of Friday'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 Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today immediately after the period of unanimous consents:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Reading bills second time favorably reported.
4. Putting on passage local uncontested bills.
5. Reading House bills first time for reference.
6. Consideration of Senate bills with House amendments.
7. Putting on passage general bills and tesolutions.
The consent was granted.
The following bill of the Senate was introduced, read the first time, and referred to the committee:
By Senator Dobbs of the 22nd: Senate Bill No. 180. A bill to rearrange and group the several counties
of Georgia into fifty-two Senatorial districts; and for other purposes. Referred to Committee on State of Republic.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the follo'\ving bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 66.

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JOURNAL OF THE SENATE,

Senate Bill No. 93.
Senate Bill No. 95.. Senate Bill No. 97. Senate Bill No. 143.
Senate Bill No. 144.
Senate Resolution No. 17.
Senate Resolution No. 4-140B. Respectfully submitted, Hill of 36th district, chairman.
Mr. Dobbs of the 22nd 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 168. Do pass. Respectfully submitted, Dobbs of 22nd district, chairman.
Mr. Steed of the 43rd 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 recommendations:
House Bill No. 434. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 172. Do pass by substitute.

MONDAY, MARCH 3, 1941

473

Respectfully submitted, Steed of 43rd district, chairman.
Mr. Daughtry of the 21st 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. 167. Do pass.
Senate Bill No. 164. Do pass.
Respectfully submitted, Daughtl"y of 21st district, chairman.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have had under consideration the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Sen,flte as correct and ready for transmission to the Governor:
Senate Bill No. 21. Senate Bill No. 29.
Senate Bill No. 31.
Senate Bill No. 47.
Senate Bill No. 58.
Senate Bill No. 59. Senate Bill No. 60.
Senate Bill No. 109.
Senate Resolution No. 13.
Senate Resolution No. 19.
Senate Resolution No. 21-68B. Respectfully submitted, Rowland of 16th district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Amendments to 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. 146. Do pass.
House Bill No. 150. Do pass.
House Bill No. 370. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
The following privileged resolutions were read and adopted:
By Senator Drake of the 8th: A tesolution extending the privileges of the floor to Mrs. Cooper Bradley,
the wife of the distinguished Senator from the 13th.
By Senator Bargeron of the 17th: A resolution extending the privileges of the floor to the Hon. J. Marvin
Strickland, a former member of the Senate.
By Senator Lanier of the 18th: A resolution extending the privileges of the floor to Mrs. R. E. Cannon,
Helen, and John Cannon, wife and children of the distinguished Senator from the 40th.
By Senator Drake of the 8th: A resolution extending the privileges of the floor to the Hon. Frank
Chappell, Postmaster of Americus, Georgia.
By Senator :Mason of the 30th: A RESOLUTION
whereas, it has been learned that our honorable and efficient Messenger, Mr. Fred McDuffie, has recently taken unto himself a "better half",
Be it therefore resolved by the Senate, that we extend our congratulations to Mr. and Mrs. McDuffie, and wish for them a long, happy, and prosperous life.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Couch of the 52nd: Senate Bill No. 167. A bill to amend an Act establishing a charter for
the City of Atlanta, relative to the taxation of merchandise; and for other purposes.

MONDAY, MARCH 3, 1941

'475

By Senator Whaley of the 45th: Senate Bill No. 164. A bill to amend the Act incorporating the City of
Helena; and for other purposes.
By Senator Edenfield of the 4th: Senate Bill No. 168. A bill to provide for the appointment of a County
Director and other personnel in the County Departments of Public Welfare; and for other purposes.
By f:enator Drake of the 8th: Senate Bill No. 146. A bill proposing an amendment to Article 7, Sec-
tior. 7, Paragraph 1 of the Constitution, so as to authorize Miller County to issue warrant funding bonds; and for other purposes.
By Mr. Whipple of Bleckley: House Bill No. 150. A bill proposing an amendment to the Constitution,
so a;; to authorize the City of Cochran to incur a bonded indebtedness; and for other purposes.
By Mr. McClure of Catoosa: House Bill No. 370. A bill proposing an amendment to Article 7, Section
7, Paragraph 1 of the Constitution, so as to authorize Catoosa County to have additional bonded indebtedness; and for other purposes.
By Mr. Brinson of Chattooga: House Bill No. 434. A bill to establish City Court of Chattooga County;
and for other purposes.
By Senator Edenfield of the 4th: Senate Bill No. 172. A bill to be entitled an Act relating to the distribu-
tion of motion picture films, providing terms and conditions of licensing the same, and providing penalties for violation of this Act; and for other purposes.
The following bills of the Senate and House were read the third time, and put upon their passage:
By Senator Couch of the 52nd: Senate Bill No. 86. A bill to amend the charter of the City of Atlanta of
1874 and all acts amendatory thereto by adding to the said charter an additional provision with reference to the revenue to be paid by the said city for school purposes; and for other purposes.
The committee offered the following substitute, which was adopted: 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 ot!Jer purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter

47G

JOURNAL OF THE SENATE,

for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follow!~:
Section 1. The provisions of the charter of the City of Atlanta codifi<'d in Section 82 of the Code of the City of Atlanta for 1924, as last amended by sections 2 and 3 of the Act amending the charter of said city apptoved March 2:;, 1937 (Acts of 1937, pp. 1502-1513), is hereby further amended by adding at the end thereof the following:
"For the years 1942 through 1951, inclusive, an additional ad valorem tax of one ( 1) mill may be annually assessed and collected on all such real and personal property, the proceeds of which shall be used as follows: thirty (:~0'/t) per cent. thereof by the Board of Education for capital improvements; and seventy ( 70 'I< ) per cent. thereof by the Mayor and General Council for capital improvements. Provided, however, that the additional one mill tax herein authorized shall not be levied for any year after the issua!lce of any further bonds, notes or other evidences of indebtedness by the City of Atlanta, except (a) obligations maturing before the end of the calendar year in which the same are issued, (b) obligations issued solely to retire existing bonds, notes or other evidences of indebtedness, (c) obligations primarily payable from special assessments upon benefitted property or from the proceeds of rate!~, fees, tolls or charges for the services, facilities and commodities furnished by any revenue-producing undertaking or utility, a!ld (d) revenue-anticipation certificates to pay the cost of capital improvements, issued pursuant to the Revenue-Certificate Law of 1937, as now or hereafter amended, to the payment of which all or any patt of the additional one mill tax herein authorized may be pledged."
Section 2. Nothing herein shall be construed as affecting the power or authority of the City of Atlanta to levy an emergency tax, as is provided in the Charter of the City of Atlanta.
Section 3. The provision of the charter of the City of Atlanta codified in Section 205-a of the Atlanta Code Supplement of 1936, as last amended by Section 5 of the Act amending the charter of the City of Atlanta approved March 23, 1937 (Acts 1937, pp. 1502-1513), is hereby further amended by striking out said provision and enacting in lieu thereof the following:
"Section 205-a. The Mayor and General Council shall regulate the distribution and use of said water in all places, and for all purposes, where the same may be required, and from time to time shall fix the prices for the use thereof, and the time of payment; and they shall erect such number of public hydrants in such places as they shall see fit, and direct in what manner and for what purpose the same shall be used, all of which they may change at their discretion; provided, however, that in the event of an increase in the present schedule of water rates and charges for water service, any such increase above the present schedule of existing rates shall be uniform within each clm<Rification of rates under the existing rate structure or classification for all users served by said water works system, wherever located."

MONDAY, MARCH 3, 1941

477

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 5. This Act !Shall become effective January 1, 1942.
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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senator Guyton of the 1st: Senate Bill No. 154. A bill to amend an Act entitled "An Act to create
and incorporate the City of Springfield (Ga. Laws 1912, pages 1296 to 1330, inclusive)" so as to authorize the mu"licipal authorities of said City of Springfield to contract with Effingham County for quarters, board and the use and work of convicts in the Mayor's Court of said City of Springfield; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pas~age of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Seate Bill No. 160. A bill to amend an Act establishing a new charter
for the City of Atbnta, approved February 28, 187 4, and the several Acts amendatory thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 16'1. A bill to repeal the Act approved March 10, 1937,
permitting the sale of tax executions in blocks at a discount by counties of over 200,000 populatio'1 and by municipalities therein; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 162. A bill to amend an Act approved March 20, 1939, to

478

JOURNAL OF THE SENATE,

authorize the Clerk of the Superior Court or other proper officer in counties of this State having a population of 200,000 or more by the census of 1930, to install photostatic equipment or other photographic equipment for the purpose of recording chattel martgages or other personal property contracts; and for other purposes.
The report of the committee, which was favorable to the pasage of the bill, was agreed to.
On the passage of the bill, the ayes were 3!J, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Franklin of the 38th: Senate Bill No. 171. A bill to amend an Act of the General A~sembly of
Georgia creating a new charter for the City of Rockmart in the County of Polk, and the several Acts amendatory thereof, so as to enlarge and extend the corporate limits of the City of Rockmart by incorporating additional and contiguous territory therein; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gowen of Glynn: House Bill No. 414. A bill to amend an Act approved February 11, 1937,
to create a Board of Commissioners of Roads and Revenue for 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 3!J, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gross of Stephens: House Bill No. 447. A bill to amend an Act approved December 20, 1897,
incorporating the City of Toccoa, and all Acts amendatory thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \\as ag1eed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By M1. \V ells of Clayton: House Bill No. 457. A bill to amend an Act to incorporate the Town of

MONDAY, MARCH 3, 1941

479

Riverdale, in the County of Clayton, to prescribe its 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Ylessrs. Sabados and Wetherbee of Dougherty: House Bill No. 524. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Dougherty; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Messrs. Dunaway, Turner and Candler of DeKalb: House Bill No. 64. A bill to be entitled rm Act to amend Title 61, Chapter
3 of the Code of Georgia of 1933, so as to extend the provisions of said Chapter to include croppers and servants who continue to hold possession of lands and tenements after their employment as such has terminated, and for other purposes.
By Messrs. Welch and Dorsey of Cobb: House Bill No. 67. A bill to be entitled an Act to amend the Intangibles
Classification Act so as to provide for a division of revenue derived from taxes on intangible personal property as is now paid into the General Fund of Incorporated Municipalities with independent school districts located therein and for other purposes.
By Messrs. Horne of Crisp, Witherington of Wilcox and Dupree of Pulaski: House Bill No. 68. A bill to be entitled an Act to amend Section 5-9914
of the Code of Georgia of 1933, wherein it is made unlawful to buy certain farm produ~ts without paying for the same; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: Hou~e Bill No. 443. A bill to be entitled an Act to amend an Act estab-
lishing the City of Atlanta, so as to provide in regard to employee inductees in the military and naval service of the United States.

480

JOURNAL OF THE SENATE,

By Mr. Brooks of :Mitchell: House Bill No. 467. A bill to be entitled an Act to authorize the City of
Camilla to pass zoning and planning laws; and for other purposes
By Mr. Walker of Grady: House Bill No. 480. A bill to be entitled an Act to amend the charter of
the City of Cairo, so as to prescribe the qualification of voters; and for other purposes.
By Mr. Goolsby of Monroe: House Bill No. 481. A bill to be entitled an Act to amend an Act entitled
an Act to codify and consolidate the various Acts incorporating the City of Forsyth; and for other purposes.
By Messrs. Dallas, Caldwell and Bruce of Troup: House Bill No. 504. A bill to be entitled an Act to create a new charter
for the City of Hogansville; and for other purposes.
By Messrs. Welch and Dorsey of Cobb: House Bill No. 513. A bill to be entitled an Act to amend the charter of
the City of Marietta; and for other purposes.
By Mr. Boone of Wilkinson: House Bill No. 518. A bill to be entitled an Act to amend the Act incor-
porating the City of Gordon; and for other purposes.
By Mr. Brinson of Chattooga: House Bill No. 522. A bill to be entitled an Act to amend the Act incorpor-
ating the Toim of Menlo in the County of Chattooga; and for other purposes.
By :Mr. Brooks of Oglethoipe: House Bill No. 531. A bill to be entitled an Act to amend an Act estab-
lishing a City Court of Lexington, so as to fix the bond of sheriff; and for other purposes.
By Messrs. Smith and Smitha of Carroll: House Bill No. 542. A bill to be entitled an Act to amend an Act creating
and adopting a new charter for the Town of Temple; and for other purposes.
By Mr. Smiley of Liberty: House Bill No. 546. A bill to be entitled an Act amending an Act creat-
ing and establishing a new charter for the City of Hinesville, and for other purposes.
By l\Ir. Smiley of Liberty: House Bill No. 547. A bill to be entitled an Act to amend an Act creating
and establishing a new charter for the City of Hinesville; and for other purposes.
By Senator Coker of the 39th;

MONDAY, MARCH 3, 1941

481

Senate Bill No. 106. A bill to be entitled an Act establishing a new charter for the City of Canton, to provide power and authority for the enactment and passage of zoning and planning laws and ordinances; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 82. A bill to be entitled an Act to amend the charter of
the Town of Canton in the County of Cherokee, creating and establishing the public school system for said Town of Canton; and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Duna:way, Turner and Candler of DeKalb: House Bill No. 64. A bill to be entitled an Act to amend Title 61, Chap-
ter 3 of the Code of Georgia of 1933, so as to extend the provisions of said Chapter to include croppers and servants who continue to hold possession of lands and tenements after their employment as such has terminated; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 67. A bill to be entitled an Act to amend the Intangibles-
Classification Act so as to provide for a division of revenue derived from taxes on intangible personal property as is now paid into the General Fund of Incorporated Municipalities with independent school districts located therein, between the General Fund of such Incorporated Municipalities and the Independent School District within such municipality; and for other purposes.
Referred to Committee on Finance.
By Messrs. Horne of Crisp, Witherington of Wilcox, and Dupree of Pulaski: House Bill No. 68. A bill to amend Section 5-9914 of the Code of Georgia,
wherein it is made unlawful to buy certain farm products without paying for the same, by adding between the word "tar" and the words "or other products" etc.; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mrs. Mankin, :Messrs. Etheridge and Kendrick of Fulton: Hou~e Bill No. 443. A bill to be entitled an Act to ame!ld an Act estab-
lishing a charter for the City of Atlanta, relative to employees' leaves of absence; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Brooks of Mitchell: House Bill No. 467. A bill authorizing the Mayor and Council of the
City of Camilla to pass zoning and planning laws; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Walker of Grady: House Bill No. 480. A bill to amend the charter of the City of Cairo, so

482

JOURNAL OF THE SENATE,

as to prescribe the qualifications of voters; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Goolsby of Ylonroe: House Bill No. 481. A bill to amend an Act to codify and consolidate
various Acts incorporating the City of Forsyth; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Dallis, Caldwell, and Bruce of Troup: House Bill No. 504. A bill to create a new charter for the City of Hogans-
ville; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 513. A bill to amend the charter for the City of Marietta;
and for other purposes. Referred to Committee on Municipal Government.
By Mr. Boone of Wilkinson: House Bill No. 518. A bill to amend the Act incorporating the City of
Gordon; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Brinson of Chattooga: House Bill No. 522. A bill to amend the Acts incorporating the Town of
Ylenlo; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Brooks of Oglethorpe: House Bill No. 531. A bill to amend an Act establishing the City Court
of Lexington, so as to fix the bond of the sheriff of the City Court of Lexington; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Smith and Smitha of Carroll: House Bill No. 542. A bill to amend an Act creating and adopting a new
charter for the Town of Temple; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Smiley of Liberty: House Bill No. 546'. A bill to amend an Act creating and establishing a
new charter for the City of Hinesville; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Smiley of Liberty: House Bill No. 547. A bill to amend an Act creating and establishing a
new charter for the City of Hinesville; and fot other purposes. .Referred to Committee on Municipal Government.

MONDAY, MARCH 3, 1941

483

The following bill of the Senate was taken up for the purpose of considering a substitute offered by the House:
By Senator Drake of the 8th: Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend,
consolidate, and supersede the several Acts incorporating the City of Colquitt; and for other purposes.
The House offered the following substitute:
A BILL To be entitled an Act to prohibit livestock running at large within the corporate limits of the City of Colquitt in Miller County, Georgia; to provide for the impounding of certain livestock; to provide regulations, procedures and changes relative to the impounding and sale thereof; to provide duties; to repeal conflicting city ordinances and State laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. From and after the passage of this Act it shall be unlawful for any hog, cattle, horse, mule, ass, sheep, or goat to run at large within the corporate limits of the City of Colquitt located in Miller County, Georgia.
Section 2. Any of said animals enumerated in Section 1 found running at large in the said City of Colquitt may be impounded; provided, however, the fee for impounding a hog, sheep or goat shall not exceed five cents, and provided that the fee for impounding any cattle, horse, mule, or ass, shall not exceed ten cents. Provided further that no bill for feeding such impounded animals shall be allowed until a period of five days has elapsed from the date said animal was impounded. Provided further, that after the expiration of five days, not more than five cents per clay shall be charged for feeding any hog, sheep or goat, and not more than ten cents per clay shall be charged for feeding any cattle, horse, mule, or ass, which have been impounded.
Section 3. Any animal impounded by the city authorities of Colquitt may be sold as may be provided by ordinance of the said City but any sale of any impounded animal must be advertised for a period of not less than ten days by placing notice of such sale upon the bulletin board at the court house and also in at least three other conspicuous places on the court house square in the City of Colquitt.
Section 4. All sales for impounded animals in the City of Colquitt shall be held only on Saturday afternoons between the hours of three and four o'clock and the said sales shall be held in the front o:!' the court house door in the City of Colquitt. Provided, that the impounded animals which are to be offered for sale must be present in front of the court house at the time when sold so that they may be examined by the public. Provided also that no official or employee of the City of Colquitt shall be allowed to bid at or buy impounded animals at such sales.
Section 5. Within twenty-four hours from the time any animal described

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in this Act is impounded for running at large in the City of Colquitt, the said animal must be registered by the official or employee impounding the same with the City Clerk in a book kept by the said City Clerk for that purpose and there shall also be entered by the Clerk a full and complete description of the animal so impounded, including- the size, mark, brand and color of the impounded animal. The City Clerk must also attend each sale in which impounded animals arc sold or offered for sale in the City of Colquitt and must bring the described book in this section to the sale and must enter into the book a permanent record of whe!! the animal was sold and to whom it was sold.
Section 6. If any part of this Act should be declared invalid by a court of competent jurisdiction such fact shall not invalidate the remaining part of this Act.
Section 7. All resolutions, by-laws, or ordinances of the City of Colquitt in force at the time of the passage of this Act or which may be passed or adopted by the :vlayor and Cou:'lcil of said City of Colquitt subsequent to the passage of this Act which are in conflict with any provision hereof be and the same are hereby repealed and declared to be wholly null and void.
Section 8. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Drake of the 8th moved that the Senate disagree with the House substitute, and the motio'l prevailed.
Senator Park of the l!Jth moved that further consideration of all bills, whose authors were absent, be postponed until tomorrow, and the motion prevailed.
At this time Senator Lanin of the 18th took the chair.
The following bilb of the Senate were read the third time and put upon their passage:
By Senator Dobbs of the 22nd: Se!!ate Bill No. 107. A bill to amend an Act so as to further provide the
method of obtaining leave to sell property set apart as a year's support and in \\ hich minor children have an interest; 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 28, nays 1.
The bill, having received the requisite constitutional majority, was passed.
By Senator Franklin of the 38th: Senate Bill No. 111. A bill to amend Section 88-301 of the Code which
p1ovides how the so-called Ellis Health Law may be made operative in any county; and for other purposes.
Senator Fortson of the 50th offered the folio\\ ing amendment:

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485

To amend Senate Bill No. 111 by adding the word "voting" in line 8 of Section 1 after the word~ "~aid county" making the !inc read "~aid county votin.e: at an election held for ~aid purpo~e shall".
On the adoption of the amendment, the ayes were 28, nay~ 0, and the amendment wa~ adopted.
The report of the committee, which was favorable to the pas~age of the bill, was agreed to a~ 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 Wall of the 28th: Senate Bill No. 63. A bill to require that all defendants in mi~demeanor
ca~e~ bP bound over to thP County or City Court~ for trial; and for othPr purposes.
Senator Wall of the 28th asked for a call of the Senate to ascertain if a quorum was pre~ent and the count revealed 27 Senators present.
Senator \Vall of the 28th asked unanimous consent that further action on Senate Bill No. 63 be deferred until tomorrow immediately after the period of unanimous consents, and the consent was granted.
Senator Gross of the 20th asked unanimous consent that further action on Senate Bill No. 112 be deferred until tomorrow immediately after the period of unanimous consents, and the consent was granted.
Senator Park of the 19th asked unanimous consent that further action on Senate Bill No. 18 be deferred until tomorrow immediately after the period of u>1animous consents, and the consent \\as granted.
Senator Mason of the 30th moved that the Senate do now adjourn, and the motion prevailed.
Senator Lani01 of the 18th, acting for the President, announced the Senate adjourned until tomorrow morning at 10 o'clock.

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Senate Chamber, Atlanta, Georgia,

Tuesday, March 4, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.

Prayer was offered by the Rev. Robert S. Hough, Pastor of the Capitol View Presbyterian Church of Atlanta.

Senator Smith of the 24th asked unanimous consent that the call of the roll be dispensed with.

There was objection.

Upon the call of the Ioll, the following Senators answered to their names:

Adams Almand Bargeron Bam hill Bland Bradley Burnside Campbell Cannon Clark Coker Coxon Daughtry Dobbs Dorsey Drake

Edenfield Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier

Martin Mason McGehee Milhollin Mosley Odom Park Pilcher Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Senator Odom of the !-Jth, Vice-Chairman of the Committee on Journals, reported that the Journal uf yesterday's proceedings had been examined and found correct.

By unanimous consent the reading of the Journal was dispensed with and the Journal was confirn1ed.

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

Mr. President:

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

By Mr. Dunaway of DeKalb:
House Bill No. 461. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of DeKalb County; to create the office of County Commissioner of DeKalb County, and for other

TUESDAY, MARCH 4, 1941

487

purposes.
The following privileged resolutions were read and adopted: By Senator Burnside of the 29th:
A resolution extending the privileges of the floor to Mrs. E. S. Harrison, wife of the distinguished Senator from the 23rd.
By Senators Redwine of the 26th and Clark of the 44th: A resolution extending the privileges of the floor to the Hon. Claude
Clements and the Hon. Tom Bryan, highly respected citizens of Walker County.
By Senator Bargeron of the 17th:
A RESOLUTION \Vhereas, Honorable John T. Ragan of Vidalia, Georgia, brother-in-law of the distinguished Senator from the 16th, the Honorable J. H. Rowland, has passed a'\\ay today,
Therefore be it resolved that the Senate express its sincere sympathy to the widow and family of the deceased and to Senator and Mrs. Rowland;
Be it further resolved that a copy of this resolution be sent to Mrs. John T. Ragan, widow of the deceased at Vidalia, and Mrs. J. H. Rowland at Wrightsville, Georgia.
Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today immediately after the period of unanimous consents.
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Reading bills second time favorably reported.
4. Reading House bills first time for reference.
5. Putting uncontested local bills on their passage.
6. Special orders and orders of the day.
7. Consideration of bills postponed from yesterday.
8. General bills and resolutions.
The consent was granted.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senator Dorsey of the 32nd: Senate Bill No. 181. A bill to create the City Court of Cleveland in and
for the County of White; to define its powers, jurisdiction, procedure and practice; and for other purposes.

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Referred to Committee on Special Judiciary.
By Senator Smith of the 24th: Senate Bill No. 182. A bill to regulate the salaries of stenographic re-
porters of the Superior Courts of all Judicial Circuits of this State in all Counties having therein a city with a population of n{)t less than 50,000 or more than 55,000 according to the Uunited States Census of 1940, or that may hereafter have such population according to any future United States census; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Wall of the 28th: Senate Bill No. 183. A bill to provide for a course of inshuction in vet-
erinary medicine and surgery at the College of Agriculture, Athens, Ga., to provide for the granting of the degree of doctor of veterina1y medicine; and for other purposes.
Referred to Committee on Agriculture.
By Senator Steed of the 43rd: Senate Bill No. 184. A bill to amend Section 75-412 of the Code of 1933,
which provides the nature of the firm name under which a limited partnership business shall be conducted, by providing for the use of the word "company", or other general term to denote special partners; for the registration {)f such firm name; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Gross of the 20th: Senate Bill No. 185. A bill to provide for the care, maintenance ancl sup-
port of the spouse and children, or either, of incompetent persons from the prope1ty or estate of such incompetent; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Clark of the 44th: Senate Resolution No. 50. A resolution proposing that House Bill No. 22
he set as a special and continuing order of business to follow immediately after the period of unanimous consent on Wednesday, March 5.
Referred to Committee on Rules.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 20. Do pass.

TUESDAY, MARCH 4, 1941

489

House Bill No. 487. Do pass. House Bill No. 496. Do pass. House Bill No. 500. Do pass. House Bill No. 532. Do pass. House Bill No. 264. Do pass. Senate Bill No. 165. Do pass. Senate Bill No. 169. Do pass. Senate Bill No. 170. Do pass. House Bill No. 265. Do pass. House Bill No. 151. Do pass. House Bill No. 501. Do pass. House Bill No. 551. Do pass. House Bill No. 313. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. :\icGehee of the 25th District, Chairman of the Committee on Temperance, submitted the following report:

M!. President:
Your Committee on Temperance have had under consideration the followir,g bill of the Senate and have instructed me as Chairman, to report the <;ame back to the Senate with the following recommendations:
Senate Bill No. 129. Do pass.
Respectfully submitted, McGehee of 25th district, chairman.
Mr. Clark of the 44th 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 resolutions of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following tecommendations:
House Resolution No. 59-326B. Do pass.
Senate Resolution No. 37-136A. Do pass.

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Senate Bill No. 127. Do pass.
Senate Bill No. 180. Do pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Holt of the 48th 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 resolution of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations:
Senate Resolution No. 38-137A. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 16'2,
Senate Bill No. 160.
Senate Bill No. 161.
Senate Bill No. 86.
Senate Bill No. 171.
Senate Bill No. 154.
Senate Bill No. 107.
Senate Bill No. 111.
Respectfully submitted, Hill of 36th district, chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Edwards of the 6th: Senate Bill No. 127. A bill to amend the Act approved March 5, 1937,
(Ga. Laws 1937, pp. 264, 280), creating the State Department of Natural Resources and four subdivisions thereof, defining the jurisdiction, powers and

TUESDAY, MARCH 4, 1941

491

authority of said Department and its subdivisions by enlarging the powers of the Division of Mines, Mining and Geology; and for other purposes.
By Senator Edwards of the 6th: Senate Bill No. 129. A bill to amend the "Revenue Tax Act to Legalize
and Control Alcoholic Beverages and Liquors" approved February 3, 1938, (Ga. Laws Ex. Session 1!J37-1938, pp. 103-124), so as to authorize the retail sale of distilled spirits or alcoholic beverages by hotels; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 165. A bill to require all persons filing actions at law
or in equity in the Superior Courts of any county of this State having a population in excess of 200,000 by the last or any future census, to make an advance deposit for court costs in certain cases; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 169. A bill to prohibit counties having over 200,000 pop-
ulation according to the last or any future census of the United States, from paying to any person, other than a duly elected tax officer, any compensation based upon the amount of property returned or placed on a tax digest through his efforts; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 170. A bill to amend Section 89-810 of the Code of 1933
so as to require, in counties having over 200,000 population, according to the United States census of 1940 or any future census, that all officers collecting or holding money belonging to any public body shall deposit the same on the next succeeding business day after the collection thereof, and the interest thereon shall accrue to such public body; and for other purposes.
By Senator Dobbs of the 22nd, and others: Senate Bill No. 180. A bill to re-arrange and group the several counties
of Georgia into fifty-two Senatorial Districts, to designate them by number, and provide for representation therefrom in the General Assembly of Georgia; and for other purposes.
By Senator Edenfield of the 4th: Senate Resolution No. 37-136A. A resolution that the United States
Senators and members of Congress representing Georgia in the National Congress be and they are hereby respectfully 11rged to use their best efforts to secure the enactment of legislation by the National Congress declaring as navigable only those rivers and streams which are navigable and that rivers and streams not navigable in fact be declared by statute; and for other purposes.
By Senator Drake of the 8th: Senate Resolution No. 38-137 A. A resolution submitting to the qualified
voters of this State an amendment to the Constitution of Georgia providing for $3.00 per day to each member of the General Assembly as subsistence;

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and for other purposes.
By Messrs. Dunaway, Candler and Turner of DeKalb: House Bill No. 551. A bill to fix the date of General Primary Elections in
DeKalb County; and for other purposes.
By Mrs. Mankin of Fulton: House Bill No. 20. A bill to prohibit and regulate the sale of fireworks
in any County having a population of 200,000 or more; and for other purposes.
By Messrs. Bloodworth, Grice and Weaver of Bibb: House Bill No. 151. A bill to vest in the County Commissioner of Bibb
County additional power and authority; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 264. A bill to abolish the office of County Treasurer of
Wilcox County, Georgia; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 265. A bill to abolish the offices of Tax Collector and
Tax Receiver of Wilcox County; and for other purposes.
By Messrs. Atkinson, McNall and Grayson of Chatham: House Bill No. 313. A bill to authorize Commissioners of Chatham Coun-
ty and Pension Board to pension and retire County employees; and for other purposes.
By Messrs. Roughton and Smith of Washington: House Bill No. 487. A bill to amend an Act of the General Assembly of
Georgia, approved March 24, 1937, fixing the compensation of Tax Commissioner of Washington County; and for other purposes. By :Messrs. Ferguson and Suggs, of Sumter:
House Bill No. 496. A bill to reduce the official bond of the sheriff of Sumter County, Georgia, from $10,000.00 to $5,000.00; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 500. A bill to amend an Act so as to change the regular
monthly meeting of Commissioners of Roads and Revenues of Wilcox County from second Monday in each m9nth to First Tuesday in each month; and for other purposes.
By Mr. Drinkard of Lincoln: House Bill No. 501. A bill to amend an Act approved August 19, 1916
to provide as compensation for the Treasurer of Lincoln County a salary of $300.00; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 532. A bill to fix the amount of the bond of the sheriff

TUESDAY, MARCH 4, 1941

493

of Oglethorpe County, Georgia, and to provide that the surety on said bond shall be a surety company authorized to transact business in this State; and for other purposes.
By Messrs. Drinkard of Lincoln, Evans of McDuffie, Pannell of Murray, Boone of Wilkinson, and Blease of Brooks:
House Resolutio!l No. 59-32GB. A resolution to memorialize the National Congress to authorize and direct the Postmaster General of the United States to have printed and issued a stamp bearing the likeness of Thomas E. Watson; . and for other purposes.
The following bill of the House was read the first time and referred to the committee:
By Mr. Dunaway of DeKalb: House Bill No. 461. A bill to amend an Act to abolish the offices of Tax
Receiver and Tax Collector of DeKalb County; to create the office of Cou!lty Commissionet oi DeKalb County; and for other purposes.
Referred to Committee on Counties and County Matters.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senator Couch of the 52nd: Senate Bill No. 132. A bill to ame1d an Act establishing a new charter
for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The r;!port 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 Whaley of the 45th: Senate Bill No. 16'4. A bill to amend the Act incorporating the City of
Helena in the County of Telfair and prescribing the powers, duties and authority of its 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 167. A bill to amend an Act establishing a new charter for
the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereo7; and for other purposes.
The report of the committee, which was favorable to tne passage of the bill, was agreed to.

494

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requ-isite constitutional majority, was passed.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 75. A bill to amend Section 24-2704 of the Code, so as
to provide for a definition of the word "vacancy" as applicable to Chapters 24-27 and 24-28 of the Code; and for other purposes.
The report 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 :.vir. Whipple of Bleckley: House Bill No. 150.
A BILL 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 Cochran 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 February 1, 1941, and which becomes due up to and including November 1, 1953; 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 February 1, 1941, or which may become due up to and including November 1, 1953; 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 City of Cochran may issue refunding serial bonds not in excess of the aggregate sum of $46,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on February 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November 1, 1953, 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 Cochran to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest theteon due and unpaid as of February 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November 1, 1953. Said refunding bond shall be issued when authorized by an ordinance

TUESDAY, MARCH 4, 1941

495

of the officials of the City of Cochran charged with the duty of managing its corporate affairs, 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 pr"evious 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 Cochran 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 Cochran 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, 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 il. 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Clark Coker Coxon Dobbs Dorsey Drake

Edenfield Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Houston Kirkland Lanier Martin

Mason McGehee Milhollin Odom Park Pilcher Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

496

JOURNAL OF THE SENATE,

Not voting were Senators: Cannon, Couch, Daughtry, Edwards, Holt, Kiker, Lewallen, Mosley, Ragan, Smith of 35th.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. McCracken of Jefferson:
House Bill No. 182. 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 School District No. 1 in the County of Jefferson, State of Georgia, to iy;cur a bonded indebtedness in addition to that heretofore authorized by t:1e 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, 1941, and any bonded indebtedness due up to and including December 31, 1950; 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 u~1paid on January 1, 1941, and any bonded indebtedness which becomes due up to and including December 31, 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 her~by 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 School District No. 1, in the County of Jefferson, State of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $70,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District, outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness of said School District outstanding and which becomes due up to and including December 31, 1950, 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 School District No. 1 in the County of Jefferson, State of G~orgia 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, 1941, and any bonded i"ldebteclness outstanding and which becomes due up to and inclu.ding I:ecember 31, 1950. The Board of Trustees of said School District No. 1 in the County of Jefferson, State of Georgia, are hereby authorized and empowered by a majority vote of. the said Board to issue said bonds, to fix the rate of interest, the date of the issuance, the maturities and all other details inci-

TUESDAY, MARCH 4, 1941

497

dent to the issue and sale of said bonds. Said bonds shall be validated as now provided by law."

Section 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 newspaper in each Congressional District of 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 a brief and concise summary of this amendment, not to exceed two hund1ed words, shall also be published in the newspaper in each County in which sheriff's advertisements are published twice during the two weeks immediately prior to the time of holding of the said next general election, 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 School District No. 1, in the County of Jefferson, State of 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 School District No. 1 in the County of Jefferson, State of Georgia, to issue refunding bands," 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. \Vhen said amendment has been ratified and proclamation has been issued by the Governor, all laws and parts of laws in conflict herewith are repealed.

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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Clark

Coker Coxon Daughtry Dobbs Dorsey Drake Edenfield Fortson Foste1

Garner Guyton Hamilton Harrison Hill Holt Hou9ton Kiker Kirklanq

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JOURNAL OF THE SENATE,

Lanier Martin Mason McGehee Milhollin

Mosley Odom Park Pilcher Rowland

Steed Striplin Sumner Wall Whaley

Voting in the negative was: Senator Edwards.

Not voting were Senators: Cannon, Couch, Franklin, Gross, Lewallen, Ragan, Smith of 24th, and Smith of 35th.

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 42, nays 1.

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

By Mr. McClure of Catoosa:
House Bill No. 370.
A BILL
To be entitled an Act to propose to the quali.lied voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Catoosa County b:; vote of its fiscal authority to issue, in addition to all other bonds, funding bonds sufficient in amount to pay off and retire the desig>ated warrant indebtedness of said County; to provide that in the event such warrant indebtedness is paid off and retired t!-Jat said County shall thereafter operate on a strictly cash basis and be prohibite~l from iosuing warrants or orders payable in the i:uture; to provide that the bills and claims of and against said County a'1d its T1easury ohall be paid by check and how ouch checks shall be executed; to legalize tax levies and to a;1thorize the levy and collection of a tax in the current year fer use, all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issue~l; to require the fiscal authority of said County to make provisions for payir g off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying o:f and retiring a designated warrant indebtedness; to provide for the submission of t:1is amendment for ratification or rejection by the people, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, ami it is hereby enacted by authority of same:
Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be flllther amended by adding thereto a paragraph in the follO\'Ving words and language, to-wit: "Provi~1 ed, however, that in addition to the bonded i:debtedness now or hereafter authorized by this Constitl!tion, and without restriction as to the limitation of taxable values of property for bond purposes, Catoosa County is hereby authorized and empowered to issue bonds wfficient in amount to refund, pay

TUESDAY, MARCH 4, 1941

499

off, and retire all 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 Board of Commissioners of Roads and Revenues of said County on the date as determined by the said Board of Commissioners of Roads and Revenues, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "funding bonds."
In the event the privilege granted herein is exercised by said County after said date so as determined by said Board, said County and the Board of Commissioners of Roads and Revenues 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 County shall be paid monthly or otherwise as may be determined by the Board of Commissioners of Roads and Revenues of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said Board of Commissioners of Roads and Revenues of said County, with the right in said Board of Commissioners of Roads and Revenues to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the Board of Commissioners of Roads and Revenues, charged with the duty of managing said County's affairs, shall be legal, with the express power and authority in said Board of Commissioners of Roads and Revenues to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the Board of Commissioners of Roads and Revenues for the issuance of funding bonds shall in any wise affect or impair the validity of said funding bonds.
Said funding 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 years from date of issuance. Provision shall be made by the Board of Commissioners of Roads and Revenues by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said funding 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 indebtedne~s and interest thereon of said County, as may be determined by the date set by the Board of Commissioners of Roads and Revenues of said Cou;ty. Said funding bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the Board of Commissioners of Roads and Revenues of Catoosa County,

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but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 Catoosa County to issue funding bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Catoosa Cou!1ty to issue funding bonds, and thereafter to operate on a cash basis, 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 7, Section 7, ParagTaph 1, 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:

Adams

Fortson

Almand

Foster

B a r g e r em

Gross

Barnhill

Guyton

Bradley

Hamilton

Burnside

Harrison

Campbell

Hill

Clark

Holt

Coker

Houston

Dobbs

Kirkland

Dorsey

:\1artin

Drake

Mason

~denfield

.McGehee

Milhollin Odom Park Pilcher Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

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501

Not voting were Senators: Bland, Cannon, Couch, Coxon, Daughtry, Edwards, Franklin, Garner, Kiker, Lanier, Lewallen, Mosley, Ragan, and Smith of 35th.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Brinson of Chattooga: House Bill No. 434. A bill to establish the city court of Chattooga County,
in and for the County of Chattooga; and for other purposes.
The report 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.
Under the order of special orders and orders of the day, the following bill of the Senate was read the third time and put upon its passage:
By Senator Sumner of the 1Oth: Senate Bill No. 73. A bill to be entitled an Act to amend "The Ento-
mology Act of 1937" (Ga. Laws 1937, pp. 659, 671), establishing a State Department of Entomology, defining its powers, duties and functions, etc., by abolishing said Department and by providing that the State Entomologist shall operate and be under the jurisdiction of the State Department of Agriculture and the Commissioner of Agriculture, etc; and for other purposes.
The committee offered the following amendment:
The committee amends Section 2 of the bill relating to the salary of the State Entomologist by: striking from said original bill the words and figures: "forty-two hundred ($4200) dollars" where they occur between the words "not to exceed" and the words "per year" and by inserting in lieu thereof the words and figures: "thirty-six hundred ($3600) dollars".
Senator Edwards of the 6th offered the following substitute: A BILL
To be entitled an Act to amend "The Entomology Act of 1937," (Ga. Laws 1937, pp. 659, 671), establishing a State Department of Entomology, defining its powers, duties and functions, etc., by abolishing said Department and by providing that the duties of said Department shall operate and be under the jurisdiction of the State Department of Agriculture and the Commissioner of Agriculture as the Division of Entomology, by changing the manner of appointment and qualifications of the State Entomologist; by providing that any rules, regulations or orders promulgated by the State Entomologist shall not become effective until approved by the Commissioner of Agriculture; to

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provide that all fees, costs or other assessments collected by the State Entomologist under the authority of the Act of 1937 shall be paid into the treasury and shall stand to the credit of the Department of Agriculture, to be used for carrying out the functions and duties under this Act; to authorize appointment of agents and employees to assist the State Entomologist in carrying out his powers and duties under said Act; to repeal conflicting laws; and for other purposes.
Be and it is hereby enacted by the General Assembly of Georgia:
Section 1. That the Act approved March 25, 1937 (Ga. Laws 1937, pp. 659), known as "The Entomology Act of 1937" creating the State Department of Entomology, defining its powers, duties and functions, providing for the appointment of a State Entomologist by the Governor, be and the same is hfreby amended by striking and repealing Section 3 of said Act in its entirety, which Section provides for the creation of a Department of Entomology and for the appointment, qualifications, salary, bond, etc., of a State Entomologsit, and by enacting in lieu thereof the following:
"Section 3. The Department of Entomology as a separate Department of State Government is hereby abolished, and all of the powers, duties, functions and funds of said Department are hereby transferred to and placed under the jurisdiction of the State Department of Agriculture and the Commissioner of Agriculture as the head thereof.
"The Commissioner of Agriculture, with the approval of the Governor, is hereby authorized to appoint a competent and experienced entomologist as State Entomologist. Said entomologist as thus appointed shall serve for a term of four years to run concurrently with the term of office of the Commissioner of Agriculture and may be removed by him with the approval of the Governor for cause. Said appointee shall be a college graduate and have had courses in Entomology and Plant Pathology together with experience in field and administrative work in pest control. The Commissioner of Agriculture shall have the power to fix the salary of the State Entomologist at a sum not to exceed thirty-six hundred ($3600) dollars per year, and he shall, before entering upon the performance of his duties, execute a surety bond in the sum of five thousand ($5,,000) dollars, the premium upon which to be paid out of the appropriations to the Department of Agriculture, guaranteeing the full and faithful performance of all duties by the State Entomologist and the accurate accounting of all monies collected by him. The bond shall be made payable to the Commissioner of Agriculture."
Section 2. That Section 4 of said Act be and the same is hereby amended by striking and repealing sub-paragraph 10 of said Section relating to the appointments of assistants, inspectors and other employees and agents, and inserting in lieu thereof the following:
"(10) The State Entomologist shall employ only thoroughly competent assistants, inspectors and other employees and agents which he may deem necessary to carry out the provisions of this Act, and prescribe their duties and fix their compensations, and delegate to such assistants, inspectors and

TUESDAY, MARCH 4, 1941

503

other employees or agents such power and authority as he may deem proper within the limits of the power and authority conferred upon the division by this Act;" and by adding: a new sub-section to Section 4 of said Act to be numbered ( 17) as follows:
" ( 17) All fees, costs or other assessments collected by the State Entomologist, or his agents, shall within three days from the date of collection be placed in the State Treasury, and shall stand in said treasury to the credit of the State Department of Agriculture, Division of Entomology, and shall be used for carrying out t:1e powers, duties and functions of the State Entomologist."
Section 3. That Section 5 of said Act relating to the promulgation of rules and regulations of the State Entomologist, be and the same is hereby amended by striking the first sentence of said Section and enacting in lieu thereof the following:
"All rules, regulations a11d orders made by the State Entomologist within the limits of authority confened by this Act shall, when approved by the Commissioner of Agriculture, have the full force and effect of law."
Section 4. All funds of the State Department of Entomology now standing to the credit of said Department in the State Treasury, and all fees, costs or r:xpenses now due by a!'!y person, firm or corporation to the State Department of Entomology, are hereby transferred to the Division of Entomology of the Department of Agriculture.
Section 5. All laws or parts of laws in conflict with this Act are hereby repealed.
Senator Smith of the 24th called for the previous question.
Senator Sumner of the lOth moved to table the bill, the substitute and all amendments.
The motion to table took precedence.
On the motion to table, the ayes were 7, nays 27, and the motion was lost.
On the call for the previous question, the call was sustained.
The main question was ordered.
The question first was on the adoption of the amendment to the original bill.
The amendment was lost.
The next question was on the adoption of the substitute.
On the adoption of the substitute the ayes were 16, nays 23, and the substitute was lost.

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

On the passage of the bill Senator Dorsey of the 32nd 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:

Adams Bland Campbell Clark Dorsey Edenfield

Edwards Guyton Holt Kiker Kirkland Milhollin

Odom Rowland Sumner Wall Whaley

Those voting in the negative were Senators:

Almand Bargeron Barnhill Bradley Bnrnside Cannon Coker Daughtry Dobbs

Drake Fortson Foster Franklin Garner Gross Hamilton Harrison Hill

Houston Lanier Martin Mason McGehee Mosley Park Pilcher Smith, 24th

Not voting were Senators: Couch, Coxon, Lewallen, Ragan, Smith of 35th, Steed, and Striplin.

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

On the passage of the bill, the ayes were 17, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Wall of the 28th asked unanimous consent that today's session of the Senate be extended until bills postponed from yesterday were disposed of, and the consent was granted.

The following bill of the Senate, which had been read the third time on March 3, 1941, was taken up for consideration:

By Senator Wall of the 28th:
Senate Bill No. 63. An Act to require that all defendants in misdemeanor cases be bound over to the County or City Courts for trial; to provide for the transfer of indictments and presentments from the Superior Courts to the County and City Courts; to provide that indictments may be demanded in such courts; and for other purposes.

TUESDAY, MARCH 4, 1941

505

Senator Wall of the 28th asked unanimous consent to re-commit the bill to the Committee on Special Judiciary, and the consent was granted.
At this time, Senator Park of the 19th took the chair.
The following bill of the Senate was read the third time, and put upon its passage:
By Senator Gross of the 20th: Senate Bill No. 112. 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 counties, cities and other political sub-divisions of this State to issue refunding bonds for the purpose of refunding and retiring all or any part of the existing, outstanding bonded indebtedness; and for other pu!-poses.
Senator Gross of the 20th asked unanimous consent that further action on Sc:>nate Bill No. 112 be postponed and that same be set as a special order of businEss for March 5, 1941.
The consent was granted.
Senator Ragan of the 14th was granted leave of absence for two days because of sickness.
The hour of adjournment having arrived, Senator Park of the 19th, acting for 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,
Wednesday, March 5, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President pro tempore.
Prayer was offered by the Rev. A. C. Peacock, Pastor of the Grant Park Christian Church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, vice-chairman of the Committee on Journals, reported that the Journal of ycserday'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 Steed of the 43rd asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on Special Judiciary, read the second time, and recommitted:
By Senator Steed of the 43rd: Senate Bill No. 184. A bill to amend Section 75-412 of the Code of
1933, which provides the nature of the firm name under which a limited partnership business shall be conducted, by providi'1g for the usc of the word "company" or other general term to denote special partners; for the registtation of such firm name; and for other purposes.
The consent was granted.
Senator Clark of the 44th asked u1animous consent that the following bill of the Senate be recommitted to the Committee on Temperance:
By Senator Edwards of the 6th: Senate Bill No. 129. A bill to amend the "Revenue Tax Act to Legalize
and Control Alcoholic Beverages and Liquors", so as to authorize the retail sale of distilled spirits or alcoholic beverages by hotels; and for other purposes.
The consent was granted.
Senator Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today immediately after the period of unanimous consents:
1. Introduction of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and rci';olutions favorably reported.
4. Reading House bills and resolutions first time for reference.
5. Putting on passage local uncontested bills and resolutions.

WEDNESDAY, MARCH 5, 1941

507

(i'. Special orders and orders of the day. 7. Bills postponed from previous session. 8. Reading general bills third time ready for passage. The consent was granted. The following bills and resolutions were introduced, read the first time, and referred to committees:

By Senator Daughtry of the 21st: Senate Bill No. 186. A bi!l to amend an Act incorporating the Town of
Mcintyre, approved :\farch 10, HJIO (Ga. Laws 1910, pp. 938-931) and the Act amendatory thereof, approved March 24, 1937 (Ga. Laws 1937, pp. 188586) by repealing Section 3 of the original Act and substituting in lieu thereof a new paragraph so as to provide that the corporate affairs shall be directed and controlled by Board of Council; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Mason of the 30th: Senate Bill No. 187. 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 Hart County by vote of its fiscal authority to issue, in addition to all other bonds, funding bonds sufficient in amount to pay Dff and retire the designated warrant indebtedness of said County; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Senator Cannon of the 40th: Senate Bill No. 188. A bill to amend an Act entitled "An Act to provide
for the payment of a license by certain persons fishing 'Within the State of Georgia, to prescribe p2nalties for the violation of this Act (being Act No. 437 of the Acts of 1937 appearing on pages 675, 677, 676 of Georgia Laws) to provide for striking the entire Section 2 thereof and providing for the substitution of another Section for the purpose of amending the non-resident license fees for fishing; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Couch of the 52nd: Senate Bill No. 189. A bill to amend an Act approved March 16, 1939
(Ga. Laws 1939, page 278) entitled an Act to provide that Counties having a population of more than two hunched thousand by the United States census of HJ20 or any subsequent census shall furnish aid and relief and pensions to regulate members of County Police Departments, but not to supernumeraries; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Kiker of the 41st:

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JOURNAL OF THE SENATE,

Senate Bill No. 190. A bill to incorporate and establish the City of East Ellijay; and for other purposes.
Referred to Committee on :Municipal Government.
By Senator Kiker of the 41st: Senate Bill No. 191. A bill to incorporate and establish the City of
Ellijay, in the County of Gilmer; and for other purposes. Referred to Committee on Municipal Government.
By Senator Couch of the 52nd: Senate Bill No. 192. A bill to authorize banks chartered under the laws
of Georgia to establish a branch bank in any municipality without State or National banking facilities; and for other purposes.
Referred to Committee on Banks and Banking.
By Senator Franklin of the 38th: Senate Bill No. 193. A bill to provide free tuition in the University System
of Georgia for certain persons engaged in or to become engaged in the teaching profession so as to promote higher educational training for teachers; and for other purposes.
Referred to Committee on University System of Georgia.
By Senators Coker of the 39th, Martin of the 3rd, Sumner of the lOth, Mosley of the 15th, Wall of the 28th, and Lanier of the 18th.
Senate Bill No. 194. A bill to encourage physicians to practice medicine in small towns and rural communities which need them; to create scholarships to be given students at the University of Georgia School of Medicine upon the condition that they live and practice for four years in such communities; and for other purposes.
Referred to Committee on University System of Georgia.
By Senator Mason of the 30th: Senate Resolution No. 51-185A. A resolution authorizing the State Li-
brarian to furnish certain law books to the Ordinary of Hart County. Referred to Committee on Public Library.
By Senator Houston of the 51st: Senate Resolution No. 52-192A. A resolution proposing to the qualified
voters of Georgia for ratification or rejection an amendment to Article 6, Section 11, Paragraph 1 of the Constitution of Georgia so as to provide that the successors of present and subsequent incumbents in the office of solicitor general shall be elected by the electors of their respective judicial circuits; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Houston of the 51st: Senate Resolution No. 53-192B. A resolution proposing to the qualified
voters of Georgia for ratification or rejection an amendment to Article 6,

WEDNESDAY, MARCH 5, 1941

509

Section 3, Paragraph 2, of the Constitution of Georgia, so as to provide that the successors of present and subsequent incumbents in the office of judge of the superior courts shall be elected by the electors of their respective judicial circuits; and for other purposes.
Referred to Committee on General Judiciary No. 1.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 442. A bill to be entitled an Act to amend an Act estab-
lishing a new charter for the City of Atlanta, and for other purposes.
By :Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 508. A bill to be entitled an Act to create a new muni-
cipality in Chatham County, and for other purposes.
By Messrs. \Veaver, Grice and Bloodworth of Bibb: House Bill No. 530. A bill to be e:1titled an Act to convey title to cer-
tain streets and alleys, and to close and ot;1erwise exert authority over certain streets and alleys all within the area acquired by the Housing Authority of the City of Macon, and for other purposes.
By Messrs. Smith and Smitha of Carroll: House Bill No. 564. A bill to be entitled an Act to amend, revise and
provide for a new charter under the corporate name of "City of Villa Rica", and for other purposes.
By Messrs. Allison and Roberts of Gwinnett: House Bill No. 581., A bill to be entitled an Act to amend an Act en-
titled an Act to create a new charter for the Town of Duluth, and for other purposes.
By Mr. Joiner of Cook: House Bill No. 585. A bill to be entitled an Act to amend an Act to in-
corporate the City of Adel, and for other purposes.
By Mr. Mcintosh of Mcintosh: House Bill No. 588. A bill to be entitled an Act to amend an Act to pro-
vide a new charter for the City of Darien; and for other purposes.
By Messrs. Barlow and Boggs of Colquitt: House Bill No. 590. A bill to be entitled an Act to amend an Act to
create and incorporate the Town of Riverdale, and for other purposes.

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JOURNAL OF THE SENATE,

By Messrs. Ferguson and Suggs of Sumter: House Bill No. 578. A bill to be entitled an Act to amend, revise and
consolidate the several Acts granting corporate authority of the City of Americus, and for other purposes.
By :.vir. Mcintosh of Mcintosh: House Bill No. 609. A bill to be entitled an Act authorizing the City of
Darien to close certain streets and dispose of property, and for other purposes.
By Mr. Vickers of Coffee: House Bill No. 603. A bill to be entitled an Act to amend the Act creating
and establishing a new charter for the City of Douglas; and for other purposes.
By Mr. Vickers of Coffee: House Bill No. 604. A bill to be entitled an Act to amend an Act en-
titled an Act to create a new charter for the City of Douglas; and for other purposes.
By Senator Franklin of the 38th: Senate Bill No. 136. A bill to amend Sections 3 and 18 of the Act creating
a new charter for the City of Rockmart, relating respectively to the election of a clerk and treasurer and to the power of thee mayor and council to grant franchises; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House and ordered the same immediately transmittLd to the Senate, to-wit:
By Mr. Strickland of Haralson: House Bill No. 621. A bill to be entitled an Act to amend the charter
of the City of Bremen, so as to extend the corporate limits of said City; and for other purposes.
The following privileged resolutions were read and adopted: By Senator Mason of the 30th:
A resolution extending the privileges of the floor to Mrs. E. L. Almand and ~'Irs. George B. Leonard, wife and daughter of the Senator from the 27th.
By Senator Bland of the 12th: A resolution extending the privileges of the floor to the Hon. G. Y. Har-
rell, former Senator from the 12th.
By Senator Kirkland o7 the 49th: A resolutio'l extending the privileges of the floor to Mrs. Callie McDuffie
and }'Irs. Fred McDuffie, mother and wife of the Honorable Messenger of the

WEDNESDAY, MARCH 5, 1941

511

Senate.
Mr. Daughtry of the 21st 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. 542. Do pass. House Bill No. 513. Do pass.
House Bill No. 481. Do pass.
House Bill No. 546. Do pass. House Bill No. 547. Do pass. House Bill No. 522. Do pass. House Bill ~0. 46'7. Do pass.
House Bill No. 504. Do pass. House Bill 1'\o. 362. Do pass by substitute.
House Bill No. 518. Do pass. Senate Bill No. 175. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Steed of the 43rd District, Chairman Gf the Committee on Special Jnr!iciary, submitted the following report:
::.\ir. President: Your Committee on Special Judiciary have had under consideration the
fullowing 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. 531. Do pass. Senate Bill No. 155. Do pass.
House Bill No. 347. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

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JOURNAL OF THE SENATE,

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 recommendations:
House Bill No. 373. Do pass as amended.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Cannon of the 40th 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 !Jack to the Senate with the following recommendations:
Senate Bill No. 141. Do pass.
Respectfully submitted, Cannon of 40th district, chairman.
::'11r. Lanier of the 18th 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 recommendations:
House Bill No. 67. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.
Mr. Martin of the 3rd Dishict, 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 recommendations:
Senate Bill No. 157. Do not pass.
Respectfully submitted, Martin of 3rd district, chairman.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:

WEDNESDAY, MARCH 5, 1941

513

Mr. President:
Your Committee on Rules have had under consideration the following resolution of the Senate and have in!<tructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 50. Do pass.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
l\'lr. Garner of the 47th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
l\Ir. President:
Yom 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. 15U. Do pass.
Respectfully submitted, Garner of 47th district, chairman.
Mr. Burnside of the 2Uth District, Chairman of the Committee on Uniform Laws, submitted the following report:
:11r. 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 recommendations:
Senate Bill No. 76. Do pass.
Respectfully submitted, Burnside of 2Uth district, chairman.
Mr. Drake of the 8th 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. 417. Do pass a!t amended. House Bill No. 47!). Do pass.
House Bill No. 4U7. Do pass.
House Bill No. ::!22. Do pass.

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JOURNAL OF THE SENATE,

Respectfully submitted, Drake of 8th district, chairman.
Mr. Daughtry of the 21st 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. ..133. Do pass.
House Bill No. ..155. Do pass as amended.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Garner of the 47th District, Chairman of the Committee on Privileg-es and Elections, submitted the following- report:
Mr. President:
Your Committee on Privileg-es 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 Slnate with the following recommendations:
Senate Bill No. 17:L Do pass.
Hespectfully ;,;ubmitted, Garner of 47th district, chairman.
::\1r. Hill of the 3Gth District, Chairman of the Committee on Eng-rossing, submitted the following- report:
l\'Ir. President:
Your Committee on Eng-rossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 1G4.
Senate Bill No. 1G7.
Senate Bill No. 132.
Respectfully submitted, Hill of 3Gth district, chairman.
The following resolution of the Senate was read and adopted:
By Senator Clark of the 44th: Senate Resolution No. 50. A resolution proposing- that House Bill No. 22
be set as a special and continuing order of business to follow immediately

WEDNESDAY, MARCH 5, 1941

515

after the period of unanimous consent on \Vednesday, March 5, 1941.
The following bills of the Senate and House, favorably reported by the Committees, were read the second time:

By Senators Coker of the 3Uth and Cannon of the 40th: Senate Bill No. 141. A bill to regulate industrial life insurance com-
paneis by providing for the payment of death benefits in the county of the residence of the insured; to repeal conflicting laws; and for other purposes, etc.
By Senator Couch of the 52nd: Senate Bill No. 155. A bill to amend an Act approved March 16, 1939,
entitled "An Act to provide that counties having a population of more than two hundred thousand by the United States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service;" and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 159. A bill to provide the time at which primary elections
for nomination of county officers shall be held in counties in this State having a population of not less than 200,000 and not more than 500,000 by the last or any future census of the United States; and for other purposes.
By Senator Guyton of the 1st: Senate Bill No. 17 3. A bill to be entitled an Act, to provide for the identi-
fication of the voters in all primary elections and elections by ballot within this State, by requiring each voter applying to vote, before receiving a ballot a'1d being allowed to vote, to sign his or her name in a book to be kept by the managers of each box in said primary election to be known as "Voters Identification Book"; and for other purposes.
By Senators Can1pbell of the 34th and Couch of the 52nd: Senate Bill No. 175. A bill to be entitled an Act to amend an Act to
provide a pension for the police department in cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States, and for other purposes.
By Messrs. \Velsch and Dorsey of Cobb: House Bill No. 67. A bill to be entitled an Act to amend the Intangible-
Classification Act so as to provide for a division of revenue derived from taxes on intangible personal property as is now paid into the General Fund of Incorporated Municipalities with independent school districts located therein, between the general fund of such incorporated municipalities and the independent school district within such mu'1icipality in the proportion that the millage rate levied for school purposes by such municipality bears to the total millage rate levied for all purposes by such municipality applicable to real and tangible personal property similarly located; and for other purposes.

516

JOURNAL OF THE SENATE,

By Mr. Wells of Clayton: House Bill No. 322. A bill to be entitled an Act to abolish the office of
Tax Collector of Clayton, and to create the office of County Tax Commissioner of said County, and for other purposes.
By l\Iessrs. Kea and Lovett of Laurens: House Bill No. 34 7. A bill to be entitled an Act governing the collection
of costs, fines and forfeitures in the City Court of Dublin, and fot crther purposes.
By Mr. Goddard of Spalding: House Bill No. :Hi2. A bill to be entitled an Act to amend an Act ap-
proved July 21, 1U21, granting the charter of the City of Griffin, and for other purposes.
By 2\1e~srs. Kelley and :vravity of \Valker: House Bill No. :l7:l. A bill to propose to the qualified voters of Georgia
an amendment to Article 7, Slction 7, Paragraph 1, of the Constitution of Georgia to authorize \Valker County to incur additional bonded indebtedness; and for other purpo;;cs.
By :vir. Rossec of Putnam: House llill No. 417. A bill to amend an Act creating a Board of Commis-
sioners of Roads and Revenues for the County of Putnam, and for other purposes.
By Mr. Rossee ol' Putnam: House Bill No. 4G5. A bill to amend the Act approved August S, 1908,
creating and establishing a nc11 charter for the City of Eatonton, etc., and for other purposes.
By Messrs. Williams and Hardy of Jackson: House Bill No. 4:JG. A bill to amend an Act incorporati1g the City of
Commerce so as to allow the Mayor and Council to license the OJll'nltion of Box Ball or Bowling Alley3 within the limits of said City, and for other purposes.
By ;'.1r. Brooks of IIIitchell: House Bill No. 467. A bill relating to the City of Camilla, to authorize
the Mayor and Council of said City to pm;s zonin!f and planniro1~ laws, and for other purposes.
By Mr. Jackson of Henry: House Bill No. 47U. A bill to amend an Act creating the office of Tax
Commissioner for Henry County; and for other purposes.
By Mr. Goolsby of :vionroe: IIon~e Bill No. 481. A bill to amend an Act entitl(d an Act to codify
and consolidate various Acts incorporating the City of Forsyth, and for other

WEDNESDAY, MARCH 5, 1941

511

purposes.
By Mr. Jackson of Henry: House Bill l'\o. 497. A bill to amend an Act creating the City Court of
Henry County approvPd FPhruary 12, 1941, and for other purposes.
By :\1essrs. Dallas, Caldwell and Bruce of Troup: House Bill No. ii04. A bill to cnatl' a new charter for the City of Hogans-
villl', a!Hl for other purposes.
By }fessrs. Welsch and Dorsey of Cobb: House Bill No. 51 :L A hill to amend thl' charter of the City of Marietta,
and fot other purposes.
By Mr. Boone of wilkinson: HousP Bill No. 51 R. A hill to anwnd the Act incorporating the City of
Gordon, Georgia, and for other purposes.
:a~ :\1r. Brinson or Chattooga: House Bill 1\'o. 522. A bill to anwnd the Act incorporating the Town
of l\IPnlo in the County of Chattooga, and for othPr purposPs.
By Mr. Brooks of Oglt>thorpe: House Bill No. 5:31. A bill to amend an Act to establish the City Court
of Lexi1gton, and Acts anwndatory thereof, so as to fix the bond of the sl'l'riff of the City Court of LPxington; and for other purposes.
By :\ie>srs. Smith <1nd Smitha of Carroll: House Bill 1\o. 542. A bill to amend an Act creating and adopting a new
chartvr for the Town of Temple; and for other purposes.
By :\h. Smiley of Liberty: House Bill No. 54G. A bill amending an Act creating and establishing a
new Charter for the City of Hinesville, and for othPr purposes.
By :\Ir. Smiley of Liberty: IIou;;e Bill No. 547. A bill to amend an Act creating and establishing a
new charter foi' th: City of IIinPsvillc, and for other purposes.
The followin_g bills of the House Wl'rl' read the first time and referred to committees:
By :\irs. l\Iankin, :\1cssrs. Etheridge and Kendrick of Fulton: Housl' Bill No. 442. A bill to amend an Act establishing a new charter
for the City of Atlanta, relative to granting leaves of absence to members of the Police Dcpartmlnt; and 1or other purposes.
RefeiTl'd to Committel' on Mu'1icipal Govemment.
By :\ilssrs. Atkinson, Grayson, and ;\feNall of Chatham: House Bill No. 508. A bill to create a new municipality in Chatham

518

JOURNAL OF THE SENATE,

County to be known as Garden City; and for other purpo,;c,;. Refened to Committee on Municipal Government.
By Messrs. Weaver, Grice, and Bloodworth of Bibb: House Bill No. 530. A bill to convey title to certain streets and alleys,
and to close and otherwise exert authority over certain streets and alleys, all within the area acquired by the Housing Authority of the City of Macon; and for other purposes.
Referred to Committee ()n Municipal Government.
By Messrs. Smith, and Smitha of Carroll: House Bill No. 564. A bill to amend, revise, and provide for a new charter
under the corporate name of "City of Villa Rica, Georgia"; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 578. A bill to amend an Act to amend, to revise, and con-
solidate the several Acts j!;ranting corporate authority to the City of Americus; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Allison and Roberts of Gwinnett: House Bill No. 581. A bill to amend an Act to create a new charter for
the Town of Duluth; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Joiner of Cook: House Bill No. 585. A bill to amend an Act to incorporate the City of
Adel; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Mcintosh of Mcintosh: House Bill No. 588. A bill to amend an Act to provide a new charter for
tlte City of Darien; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Barlow and Barber of Colquitt: House Bill No. 590. A bill to amend an Act to create and incorporate
the Town of Riverdale; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Vickers of Coffee: House Bill No. 603. A bill to amend an Act to create a new charter for
the City of Douglas; and for other purposes. Referred to Committee on State of Republic.
By Mr. Vickers of Coffee:

WEDNESDAY, MARCH 5, l!l41

519

House Bill Ko. (104. A bill to amend an Act to create a new charter for the City oi' Doug-las; and for other purposes.
Referred to Committet> on Stati' of Rt>public.
By :vit. :\'lclntogh of :\Iclntosh:
Houge Bill No. 60!1. A bill authorizing the City of Darien to close parts of streets within said City; and for other purposes.
Referred to Committee on :\iunicipal Government.
By Mr. Strickland of Haralson:
Houge Bill No. 621. A bill to amend the charter of the City of Bremen, so as to extend the corporate limits of said City; and for other purposes.
Referred to Committee on Municipal Government.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senator Drake of the 8th:
Senate Bill No. 146.
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 :\'Iiller County by vote of its fiscal authority to issue warrant funding bonds ::;ufficient in amount to pay off and retire the designated warrant indebtedness of said County; to provide that in the event such warrant indebtedness is paid off and retired that said County shall thereafter opetate on a strictly cash basis and be prohibited ftom issuing warrants or order!\ payable in the future; to ptovide that the bills and claims of and against said County and its Treasurer or County Depository, shall be paid by check aYJd how !\uch checks shall be execut~cl; to authorize the fiscal authority of ::;aid 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 ::;hall be authorized, validated and issued; to require the fiscal authority of ::;aid County to make provision for paying off and retiring ::;aid bonds; to provide that the proceeds of ::;aid bonds shall be used exclusively for paying off and 1etiring a designated warrant indebtedness; to provide that neither this Act nor any pt"Ovision thereof shall be construed as either impairing, or invalidating, or affecting the collectibility of, any taxes due said County for the year 1!140 or any year or years prior thereto; to authorize the Ordinary of said County or other county authority empowered to levy taxes in said County, to fix and make a tax levy for the year 1941, and for any year subsequent thereto, for the purpose of paying, in whole or in part, all the expenses of said CouYJty for both county purposes and current expenses for the current year for which the levy is being fixed and made and the year succeeding said year, in which said levy is being fixed and made; to provide that said county authority shall have the power herein conferred regardless of whether the County has ca~h on hand or regardless of whether there are any warrants outstanding against said county at the time of making the various levies he1ein

520

JOURNAL OF THE SENATE,

authorized, and to provide that said county authority in fixing the various tax levies herein provided shall not exceed the limit now or hereafter prescribed by law; to provide for the submission of this amendment for ratification or rejection 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:
Section 1. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a new sub-paragraph in the following words and language, to-wit:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the 7 'I< (seven per cent.) limitation of taxable values of property for bond purposes, Miller 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 the Clerk of the Board of Commissioners and the County Depository of said County on the date as determined by the Board of Con,missioners of Roads and Revenues of said County, which date shall be not !t>ss 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 he known and desig-nated as "Warrant Funding 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 or County Depository 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 or County Depository of said County shall be paid monthly or otherwise as determined by the g-overning 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 and at least two other County Commissioners or the Ordinary of said County (if there be no County Commissioners in 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 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

WEDNESDAY, MARCH fl. 1!141

521

of said \Varrant Funding Bonds. Said funding bonds shall have such terms and provision~ as to maturity, rate of interest, and otherwise, as may be fixed by the Board oi' Commis~ioner:< of Roads and Revenues of said County, provided, howPver, that said bonds must all mature within thirty years hom date of issuance. Provisions shall be made by the propEl' fiscal authority by formal resolution for the assessment ar:d collection of an annual tax sufficient in amount to pay the principal and interest of said warrant funding bonds as they respectively become due, and the proceeds of said bonds shall be used <>xclusivcly for the purpose of paying and retiring the \YatTant indebtedness hl'l einabove identi~'ied. Said wanant funding bonds shall be issued under authority hereof only when authorized by a vote and resolution of the Board of Commissioners of Roads a1d Revenues of Miller County, but without the necessity of an election as in the case of original obligation bonds, and said \Varrant Funding 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; provided, however, that, neither this Act nor any of the provisions thereof, shall be construed as either impairing, ot invalidating, or affecting the collectihility of, any taxes due said County for the year 1U40, or any year or years prior thereto; provided further that the Ordinary of said County or other county authority empowered to levy taxes in said County, shall have authority to fix and make a tax levy for the year 1U41 and for any year subsequent thereto, for the purpose of paying, in whole, or in part, all the expenses of said County for both county purposes and cunent expenses for the current year in \\ hich the levy is being fixed and made and for the year succeeding said year in which said levy is beinf(' fixed and made; and said county authority shall have the authority herein confened in this sectio!1 regardless of whether the County has cash on hand or regardless of whether there are any warrants outstanding against said County at the time of the fixing and making of the various tax levies herein authorized, provided, however, said county authority in exercising the authority herein conferred in refere!ce tlJ fixing the said various tax levies shall not exceed the limit now or hereafter prescribed by law."

Section 2. Be it :urther enacted by the authority aforesaid, that when said amenument shall lw agreed to by two-thirds vote of the members of each House, with the "aycs.'' and "nayes" thereon, the Governor is hereby directed to have thi" proposal publi;;hed in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next gpneral election at \\'hich proposed amendments to the Constitution of this State may he 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 Miller County to issue wal'l'nnt funding bond;;, and for other purpose;;," 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, so as to authorize Miller County

522

JOURNAL OF THE SENATE,

to issue warrant funding 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 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law.

Section 3. Any section, clause, paragraph or sentence in this Act held unconstitutional or invalid, for any reason, by court of competent jurisdiction shall not affect the validity of the other sections of this Act.

Section 4. Be it further enacted, that all law;; 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Clark Couch Coxon Daughtry Dobbs Dorsey Drake

Edenfield Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland

Lanie1 Lewall('ll Ma1'tin :Yiason "-'lcGehC'c Odom Park Ragan Smith, 24th Smith, !3:ith Striplin Sumner "\Vall WhalC'y

Not voting were Senators: Campbell, Cannon, Coker, Kiker, :Yiilhollin, Mosley, Pilcher, Rowland, and Steed.

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

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

The bill, having teceived the requisite con;;titutional two-thirds majority, was passed.

By Senator Couch of the 52nd:
Senate Bill No. 169. A bill to prohibit counties having over 200,000 population according to the last or any future census of the Uni~ed State~, from paying to any person, other than a dul~ elected tax officer, any compen-

WEDNESDAY, MARCH 5, 1941

523

sation ba~ed upon the amount of property returned Ol' placed on a tax digest through his effortf'; and for other purposes.
The report of thC' committeC', 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 pa~sed.

By Senator Couch of the 52nd: Senate Bill No. 170. A bill to amend Section 89-810 of the Code of 1933
so as to require, in counties having over 200,000 population, acco1ding to the United States census of 1940 or any future census, that all officers collecting or holding money belonging to any public body shall deposit the same on the nC'xt succeeding business day after the collection thereof, and the interest thereon shall accrue to such public body; and for other purposes.
The report 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 1equisite constitutional majority, was passed.

By Senator Couch of the 52nd: Senate Bill No. 165. A bill to require all persons filing actions at law
or in equity in the Superior Courts of any County of this State having a population in excess of 200,000 by the last or any future census, to make an advance deposit for court costs in certain cases; and for other purposes.
Senator Drake of the 8th moved that furth~;r action on Senate Bill No. 16fi be indefinitely postponed.
On the motion to postpone, the ayes were 26, nays 5, and the motion prevailed.
By Mr~. Mankin of Fulton: , House Bill No. 20. A bill to prohibit and regulate the sale of fireworks
in any County having a population of 200,000 or more; and for other purposes,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa>:sage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed,

By Mr. Witherington of Wilcox:
House Bill No. 264, A bill to abolish the office of County Treasurer of 'Vilcox County, Geotgia; and for other purposes.

524

.JOURNAL OF THF. SENATT~,

The committee offered tht following amendment, which was adoptl'cl:
Amend House Bill No. 264 by inl'el'ting in thl' title of said hill between the spntence "to provide an tffective datl' for this Act"; and thl' sentence "to repeal conflicting laws"; thl' following:
"To provide that the office of County Treasurer of Wilcox County, Geor-
gia, be> abolishNI after December :n, 1!144".
To furthtr amend the above stated bill by striking S<'ction 1 and substituting in lieu thereof a new Section 1 to read as follow><:
"That on December 31, 1!l44, t'1e office of County TrPasur<'r of \Vilcox Cou:,ty, Georgia, shall be abolish,-d".
By furthe1 amending said bill by provicling a mw Stction to be known as Sction 10, and to provide m'< follows:
"This Act shall not become cff<'ctive until DecPmber 31, 1944."
Thf' r<>port of th<' committPe, which was favorable to the passage of the bill a~ anwndPd, was ag1epd to.
On thl' passage of the bill, th<> aycs W<>re 3R, nays 0.
The hill, having received th<' requisit<' constitutional majority, was passed as amended.
By Mr. Witherington of Wilcox: House Bill No. 26i.- A bill to abolish thc offices of Tax Collector and
Tax RecPiver of vVilcox County, Georgia; and for othE'r purposPs.
The nport of the committee, which was favorablt to the passage of the bill, was agr<ed to.
On till' passagP of the bill, thl' ayes were ;~R, nays 0.
The bill, having rPceived the r<>quisite constitutional majority, was passed.
By :\1pssrs. Atkinson, :\1cNall and Grayson of Chatham: House Bill No. 31 :l. A bill to authorize Commissiontrs of Chatham Coun-
ty and Pt!!sion Boa1d to pl'nsion and retire County <>mployees; and for other purposes.
The l'c>port of the committee, which was favorable to the passage of the bill, was agned to.
On the passage of the bill, thP ayes were ~R, nays 0.
The bill, having- nceived the requisite constitutional majority, was passed.
By Messrs. Roughton and Smith of Washington: House Bill No. 487. A bill to amend an Act of thP General As~emhly of
Georgia, approved March 24, 1!la7, fixing the compensation of Tax Commissioner of Washington County; and for other purposes.

WEDNESDAY, MARCH 5, 1941

525

The report of the committee, which was favorable to the passage of the bill, was ag-reed to.
On the pa~sage of the bill, the ayes were 38, nays 0.
The bill, having- received the requisite constitutional majority, was passed.
By :\1essrs. Ferguson and Sugg-s of Sumter: House Bill No. --!!)(i. A bill to reduce the official bond of the sheriff
of Sumter County, Georgia, from $10,000.00 to $5,000.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ;)8, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :\Ir. Witheringto'1 of \Vilcox: House Bill :\f o. iiOO. A bill to anwnd an Act so as to change the regular
monthly meeting of Commissioners of Roads and Reve:mes of \Vilcox County from second :\Ion day in each month to First Tuesday in each month; and for other purposes.
The report 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 receivLd the requisite constitutional majority, was passed.
By Mr. Drinkard of Lincoln: House Bill No. 501. A bill to amend an Act approved August HJ, 1916
to provide as compensation fot the Trcawrer of Lincoln County a salary of $300.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite co'1stitutional majority, was passed.
By :\h. Brooks of Oglethorpe: House Bill No. ii32. A bill to fix the amount of the bond of the sheriff
of Oglethorpe County, Georgia, and to provide that the surety on said bond shall be a surety company authorized to tran~act business in this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agTccd to.
On the passag-e of the bill, the ayes were 38, nays 0.

526

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
By Messrs. Dunaway, Candler and Turner of DeKalb: House Bill No. 551. A bill to fix the date of general primary elections
in 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Bloodworth, Grice, and \Veaver of Bibb: House Bill No. 151. A bill to vest in the County Commissioner of Bibb
County additional power and authority; and for other purposes.
The report 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, havin.g received the requisite constitutional majority, was passed.
Under the order of special orders and orders of the day, the fo1lowing bills of the Senate and House were read the third time and put upon their passage:
By Mrs. :\'lankin of Fulton, Messrs. wetherbee and Sabados of Dougherty, and others:
House Bill No. 22. A bill to amend Part 3 "Rules and RPgulations governing all elections" of the Code, so as to provide for a secret ballot; and for other purposes.
Senator Gross of the 20th called for the previous question and the call was sustained.
The main que~tion was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 2.
The bill, having received the requisite constitutional majority, was passed.
By Senator Gross of the 20th: Senate Bill No. 112. A bill proposing an amendment to Article 7, Section
7, Paragraph 1, of the Constitution, so as to authorize counties, cities, and othe1 political sub-divisions to issue refunding bonds for the purpose of refunding aY>d retiring all or any part of the existing outstanding bonded indebtedness; and for other purposes.
Senator Gross of the 20th asked unanimous consent that Senate Bill No.

WEDNESDAY, MARCH 5, 1941

527

112 be carried over until tomorrow as unfinished business, and the consent was granted.
Senator Dobbs of the 22ncl asked unanimous consent that the Senate reconsider its action in passing the following bill of the House:

By Messrs. Bloodworth, Grice, and \\'eaver of Bibb: House Bill No. 151. A bill to vest in the County Commissioner of Bibb
County additio'lal power and authority; and for other purposes.
The consent was granted.
Senator GrMs of the 20th moved that the Senate do now adjourn, and the motion prevailed.
President pro tempore Edwards announced the Senate adjourned until tomorrow mor'ling at 10 o'clock.

528

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Thursday, :.'liarch G', l!J41.

Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was oaered by Dr. E. :M. Altman, pastor of the Grant Park Baptist Church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the Uth, Vice-Chail'lnan of the Committee on Journals, repOI'ted that the Journal of yesterday's proceedings had been examined and found correct.
Senator Campbl'll of the 34th g-ave notice that at the propet time he would move: that the Senate reconsider its action in passing the following bill of the House:
By a1r~. Mankin of Fulton: House Bill :'l!o. 20. A bill to prohibit and re)!ulate the sale of fireworks
in countits having- a population of over 200,000; and fot other purposes.
By unanimous consent, the nading of the Journal was dispensed with.
Senator Campbell of the :l4th mond that the Senate reconsider its action in passing House Bill No. 20.
Upon objection of Senator Couch of the 52nd; Senator Campbell of the 34th withdrew his motion.
By unanimous consent, the Journal was confirmed.
Senator Edenfield of the 4th asked unanimous consent that the following- he established as the order of business for today immediately after the period of unanimous consent:
1. Introduction of bills and resolutions.
2. Reports of standi'lg- committees.
:l. Heading bills second time favorably reported.
1. Heading; House bills first time for rcfernce.
5. Putting on passage local uncontested bills.
6. Unfinished business.
7. Bills postponed from previous sessions.
!:!. ConHidt>tation of general bills und rc~ulutions.
The consent was granted.

THURSDAY, MARCH 6', 1941
The following bill and resolutions were introduced, read the first time and referred to committees:
By Senators Odom of the 9th, Drake of the 8th, Bradley of the 13th, Dorsey o the 32nd, and Houston of the 51st:
Senate Bill No. 195. A bill to create the positions of Judges Emeritus, to provide for the eligibility of persons for appointment to such positions, and salaries to those holding such positions and their tenure of office; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Whaley of the 45th: Senate Resolution No. 54-195A. A resolution providing for the issuance
of funding bonds for the County of Irwin for the purpose of paying of the current warranted indebtedness of said county; and for other purposes.
Referred to Committee -on Amendments to Constitution.
By Senator Dobbs of the 22nd: Senate Resolution No. 55-Hl5B. A resolution proposing that Senate Bill
No. 180 be set for a special order of the day of Tuesday, March 11, 1941. Referred to Committee on Rules.
By Senator Clark of the 44th: Senate Resolution No. 56-HJ5B. A resolution proposing that Senate Bill
No. 112 be made a special order of business for Monday, March 10, 1941. Referred to Committee on Rules.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Clements of Calhoun and Gavin of Clay: House Bill No. 203. A bill to be entitled an Act to amend the Highway
Mileage Act by adding certain mileage to the state aid system of roads, and f Jr other purposes.
By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 495. A bill to be entitled an Act to provide the dates for
holding four terms of the Superior Courts of Chatham County, and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 507. A bill to be entitled an Act to amend the Highway
Mileage Act so as to place Montgomery Street extension on the State road system, and for other purposes.

530

JOURNAL OF THE SENATE,

By Mr. Mann of Whitfield: House Bill No. 510. A bill to be entitled an Act to change the method of
compensation for the Ordinary in all counties having a population of not less than 26,104 nor more than 26,106, inhabitants according to the census of 1940; and for other purposes.
By Mr. Mann of Whitfield: House Bill No. 562. A bill to be entitled an Act to amend the charter of
the City of Dalton; and for other purposes.
By Messrs. Atkinson, Grayson, and :.\'lcNall of Chatham: House Bill No. 556. A bill to be entitled an Act incorporating the Town
of Savannah Beach, formerly known as the Town of Tybee, and for other purposes.
By Mr. Gill of Bryan: House Bill No. 573. A bill to be entitled an Act to describe, define and
officially name a system of coordinates in designating the positions of points in the surface of the earth within Bryan County; and for other purposes.
By Mr. Gill of Bryan: House Bill No. 174. A bill to be entitled an Act to authorize Bryan Coun-
ty to pass zoning and planning laws, and for other purposes.
By Mr. Moate of Hancock: House Bill No. 602. A bill to be entitled an Act known as an Act to in-
corporate certain churches and campgrounds; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 630. A bill to be entitled an Act to amend the charter
of the City of Columbus, to provide in regard to the grant of pensions and retirement benefits; and for other purposes.
By Messrs. Elliott and Wohlwcnder of Muscogee: House Bill No. 631. A bill to be entitled an Act granting express authority
to the City of Columbus to erect a public passenger station, and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 632. A bill to be entitled an Act authorizing the City of
Columbus to incur expenses in maintaining a passenger station; and for other purposes.
By Mr. Gill of Bryan: House Bill No. 636. A bill to be entitled an Act to create a Board of Com-
missioners of Roads and Revenues of the County of Bryan; and for other purposes.
By Messrs. Smith and Smitha of Carroll:
House Bill No. 642. A. bill to be entitled an Act to amend an Act en-

THURSDAY, MARCH 6, 1941

531

titled an Act creating the charter of the Town of Bowden; and for other purposes.
By Mr. Gill of Bryan: House Bill No. 644. A bill to be entitled an Act to repeal an Act to
create a Board of Commissioners of Roads and Revenues for Bryan County; and for other purposes.
The following privileged resolutions were read and adopted:
By Senator Edwards of the 6th: A resolution extending the privileges of the floor to Hon. J. A. Mcintyre,
Ron. Leo. J. Miller, Ron. A. J. Strickland, Ron. Grover Stewart, Dr. Frank Bird, Dr. T. B. Clower, and Dr. M. M. Yearty, distinguished citizens of Valdosta.
By Senators Drake of the 8th and Bland of the 12th: A resolution extending the privileges of the floor to the Ron. E. A. Fry,
an outstanding business man of Colquitt, Georgia.
By Senator Fortson of the 50th: A resolution extending the privileges of the floor to the Ron. George F.
Sumner and Miss Lizzie Sumner of Sylvester, Georgia.
By Senator Striplin of the 37th: , A resolution extending the privileges of the floor to the Ron. Z. P. Almand,
Commissioner of Roads and Revenues of Heard County.
By Senator Campbell of the 34th: A resolution extending the privileges of the floor to Mrs. Hugh Couch and
Mrs. Homer Parker, lovely wives of the Senator from the 52nd and the Comptroller General.
By Senator Mason of the 30th: A resolution extending the privileges of the floor to Mrs. Meeks, sister
of the distinguished Senator from the 2nd:
By Senator Mason of the 30th: A resolution extending the privileges of the floor to Miss Mary William
Owens and Hon. Walter Meeks, Jr., niece and nephew of the distinguished Senator from the 2nd.
By Senators Kirkland of the 49th and Clark of the 44th: A resolution extending the privileges of the floor to the Ron. A. S.
Bradley, a prominent citizen of Emanuel County.
By Senator Edenfield of the 4th: A resolution extending the privileges of the floor to Commander Charles
D. Williams, Jr., U. S. N., Lieutenant Robert M. Reynolds, U. S. N., and Commander Jes&e Draper, U. S. N. R., distinguished visitor& at the Capitol,

532

JOURNAL OF THE SENATE,

By Senator Hill of the 36th: A resolution extending the privileges of the floor to the Fourth District
Championship Basketball team from Greenville, Georgia.

By Senator Edwards of the 6th: A RESOLUTION
Whereas, Hon. Thomas Bramlett Wood reaches his sixty-sixth birthday on the 16th day of March, 1941, and
Whereas, the said Thomas Bramlett Wood is the father of Robert F. \Vood, who is a distinguished and outstanding citizen of Georgia, and
Whereas, :\'Irs. Thelma B. Wood, the wife of the said Robert F. Wood is assistant messenger of the State Senate, and
whereas, the said Mrs. Thelma B. \Vood is one of our outstanding and distinguished ladies of our State; courteous, kind, and beautiful, and
\Vhereas, the said Robert F. Wood and the said Mrs. Thelma B. Wood will attend the birthday of said Thomas Bramlett Wood,
Therefore be it resolved by the State Senate, that we extend to the said Thomas Bramlett Wood our best wishes for a happy birthday, and that the said Robert F. Wood and Mrs. Thelma B. Wood have a pleasant and happy trip and return to us safe and secure,
Be it furthe1 resolved that a copy of this resolution be forwarded to said Thomas Bramlett Wood, Robert F. Wood, and Mrs. Thelma B. Wood.
By Senator Milhollin of the 46th: A RESOLUTION
\Vhereas, the Senate learns with deep regret of the passing of Dr. \V. A. Heartsill, of Weatherford, Texas, uncle of our beloved colleague, Senator R. Noel Steed of the 43rd, and
vVhereas, Dr. Heartsill served his community as a physician and outstanding civic leader for more than sixty years,
Be it therefore resolved, that the Senate extend its sincere sympathy to Senator Steed and the family of Dr. Heartsill in the great loss they have sustained, and
Be it further resolved, that a copy of this resolution be sent to the family of Dr. Heartsill in Weatherford, Texas.
Mr. Edenfield of the 6th District, Chairman of the Committee on Educatwn and Public Schools No. 1, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools No. 1 have had .under consideration the following bills of the Senate and House and have instructed

THURSDAY, MARCH 6, 1941

533

me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 138. Do pass.
Senate Bill No. 137. Do pass.
Senate Bill No. 149. Do pass.
House Bill No. 299. Do pass.
House Bill No. 418. Do pass.
House Bill No. 123. Do pass.
Respectfully submitted, Edwards of 6th district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
:Mr. President:
Your Committee on Special Judiciary have had under consideration t1Ie following bill of the Senate and have instructed me as Chairman, to repo1:t the same back to the Senate with the following recommendations:
Senate Bill No. 182. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Clark of the 44th District, Chairman of the Committee on State of the Republic, submitted the following report:
::vir. President:
Your Committee on State of the Republic 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. 603. Do pass.
House Bill No. 6'04. Do pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Harrison of the 23rd District, Chairman of the Committee on Public Library, submitted the following report:
Mr. President:
Your Committee on Public Library have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

534

JOURNAL OF THE SENATE,

Senate Resolution No. 51-185A. Do pass.
Respectfully submitted, Harrison of 23rd district, chairman.
Mr. Houston of the 51st 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 and resolutions 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. 27. Do pass.
House Bill No. 68. Do pass.
House Bill No. 53. Do not pass.
'
Senate Resolution No. 52-192A. Do pass.
Senate Resolution No. 53-192B. Do pass.
Senate Bill No. 178. Do pass.
Senate Bill No. 185. Do pass.
Respectfully submitted, Houston of 5.1st distlict, chairman.
Mr. Milhollin of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 183. Do pass.
Respectfully submitted, Milhollin of 46th district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to Constitution have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 187. Do pass.

THURSDAY, MARCH 6, 1941

535

Respectfully submitted, Holt of 48th district, chairman.
:.VIr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as duly enrolled and ready for transmission to the Governor:
Senate Bill No. 82.
Senate Bill No. 106.
Senate Bill No. 136.
Respectfully submitted, Rowland of 16th district, chairman.
Mr. Hill of the 36th Dishict, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the follo.wing bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 146.
Senate Bill No. 170.
Senate Bill No. 169.
Respectfully submitted, Hill of 36th district, chairman.
The following bills and resolutions Of the Senate and House, favorably reported by the committees, were read the second time:

By Senator Couch of the 52nd: Senate Bill No. 137. A bill to a!l1_end Chapter 32-25 of the Code of
Georgia of 1933, authorizing County Commissioners or Ordinaries to carry on schools for instructing adult illiterates; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 138. A bill to amend Section 32-2401 of the Code of
Georgia of 1933, relating to the powers and duties of the State Board of Education with respect to adult illiteracy; and for other purposes.
By Senators Redwine of the 26th and Edwards of the 6th: Senate Bill No. 149. A bill to amend an Act fixing the compensation of

536

JOURNAL OF THE SENATE,

members of County Boards of Education; and for other purposes.
By Senator Redwine of the 26th: Senate Bill No. 178. A bill to restrict and limit the jurisdiction of the
State Board of Tax Appeals; reorganizing the administration of the revenue laws of Georgia; and for other purposes.

By Senator Smith of the 24th: Senate Bill No. 182. A bill to regulate the salaries of stenographic re-
porters of the Superior Courts of all judicial circuits of this State in all counties having therein a city with a population of not less than 50,000 or more than 55,000; and for other purposes.
By Senator Wall of the 28th: Senate Bill No. 183. A bill to provide for a course of instruction in vet-
erinary medicine and surgery at the College of Agriculture, Athens, Georgia; and for other purposes.
By Senator Gross of the 20th: Senate Bill No. 185. A bill to provide for the care, maintenance, and
support of the spouse and children, or either, of incompetent persons from the propetty or estate of such insompetent; and for other purposes.
By Senator Mason of the 30th: Senate Bill No. 187. A bill proposing an amendment to Article 7, Section
7, Paragraph 1 of the Constitution so as to authorize Hart County to issue funding bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County; and for other purposes.
By Senator Houston of the 51st: Senate Resolution No. 53-192B. A resolution proposing an amendment
to Article 6, Section 3, Paragraph 2 of the CQnstitution so as to provide that the successors of present and subsequent incumbents in the office of Judge of the Superior Courts shall be elected by the electors of their respective circuit; and for other purposes.
By Senator Houston of the 51st: Senate Resolution No. 52-192A. A resolution proposing an amendment
to Article 6', Section 2, Paragraph 1 of the Constitution, so as to provide that the successors of present and subsequent incumbents in the office of Solicitor General shall be elected by the electors of their respective judicial circuits; and for other purposes.
By Mrs. Mankin of Fulton: House Bill No. 27. A bill to authorize and direct any public authority
having any interest in public lands donated for highway, road or street purposes to reconvey after the lapse of seven years to the respective donors, etc., any lands not used within that period of time for the purposes for which they were donated; and for other purposes.

THURSDAY, MARCH 6, 1941

537

By Messrs. Horne of Crisp, Witherington of Wilcox and Dupree of Pulaski: House Bill No. 68. A bill to amend Section 5-9914 of the Code of Geor-
gia of 1933, wherein it is made unlawful to buy certain fatm products without paying for same, by adding between the word "tar" and the words "or other products" etc., and for other purposes.
By Mr. Rossee of Putnam: House Bill No. 123. A bill to amend the school laws of the City of Eaton-
ton so as to provide for the payment direct of all State funds due the schools of said city; to change the name of said schools; and for other purposes.
By :\11'. Gross of Stephens: House Bill No. 299. A bill to repeal an Act providing that in counties
of this State having a population of not less than 12,640 and not more than 12,655, the residents of individual school systems shall have the right to vote in primaries; and for other purposes.

By Messrs. Hunnicutte and Price of Clark:
House Bill No. 418. A bill to amend an Act incorporating the Board of Education of Athens; and for other purposes,

By Mr. Vickers of Coffee: House Bill No. 603. A bill to amend an Act to create a new charter for
the City of Douglas; and for other purposes.
By Mr. Vickers of Coffee: House Bill No. 604. A bill to amend an Act to create a new charter
for the City of Douglas; and for other purposes.
By Senator Mason of the 30th: Senate Resolution No. 51-185A. A resolution authorizing the State Li-
brarian to furnish certain law books to the Ordinary of Hart 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 Couch of the 52nd: Senate Bill No. 155. A bill to amend an Act to provide that counties
having a population of more than 200,000 shall furnish aid and relief and pensions to regular members of county police departments; and for other purposes.
The report 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.

538

JOURNAL OF THE SENATE,

By Senators Campbell of the 34th, and Couch of the 52nd: Senate Bill No. 175. A bill to amend an Act to provide a pension for the
police department in cities having a population of 150,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes .were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wells of Clayton: House Bill No. 322. A bill to abolish the office of Tax Collector of Clay-
ton County and to create the office of Tax Commissioner 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Kea and Lovett of Laurens: House Bill No. 34 7. A bill governing the collection of costs, fines and for-
feitures in 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 37, nay 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Rossee of Putnam: House Bill No. 417. A bill to amend an Act creating a Board of Commis-
~.ioners of Roads and Revenues for the County of Putnam; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Williams and Hardy of Jackson: House Bill No. 435. A bill to amend an Act incorporating the City of
Commerce so as to allow the Mayor and Council to license the operations of Box Ball or Bo,wling Alleys within the limits of said City; and for other purposes.
The report of the committee, which was favorable to the passage of the

THURSDAY, MARCH 6, 1941

539

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. Brooks of :Mitchell: House Bill No. 467. A bill relating to the City of Camilla, to authorize
the Mayor and Council of said City 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Jackson of Henry: House Bill No. 479. A bill to amend an Act creating the office of Tax
Commissioner for Henry 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, nays 0.
The bill, having received the requisite constitutional majority, was passed'.
By Mr. Goolsby of Monroe: House Bill No. 481. A bill to amend an Act to codify and consolidate the
various Acts incorporating the City of Forsyth; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Jackson of Henry: House Bill No. 497. A bill to amend an Act creating the City Court of
Henry 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 513. A bill to amend the charter of the City of Marietta;
and for other purposes.

540

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Boone of Wilkinson: House Bill No. 518. A bill to amend the Act incorporating the City of
Gordon; and for other purposes.
The report 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. Brinson of Chattooga: House Bill No. 522. A bill to amend the Act incorporating the Town of
~lenlo; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 3 7, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Brooks of Og-lethorpe: House Bill No. 531. A bill to amend an Act establishing the City Court
of Lexington, so as to fix the bond of the sheriff 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Smith and Smitha of Carroll: House Bill No. 542. A bill to amend an Act creating a new charter for
the Town of Temple; and for other purposes.
The report 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. Smiley of Liberty: House Bill No. 546. A bill to amend an Act creating a new charter for

THURSDAY, MARCH 6, 1941

541

the City of Hinesville; and for other purposes.
The report 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. Smiley of Liberty: House Bill No. 547. A bill to amend an Act creating a new charter for
the City of Hinesville; and for other purposes.
The report 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 Messrs. Dallis, Caldwell and Bruce of Troup: House Bill No. 504. A bill to create a new charter for the City of Hogans-
ville; and for other purposes.
The report 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 Messrs. Kelley and Mavity of Walker: House Bill No. 373. 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 Walker County to issue funding bonds in an amount sufficient to refund, pay off, and retire all unpaid outstanding and existing wanant indebtedness of said County including interest due and payable thereon in addition to that heretofore authorized by the Constitution and laws of Georgia, and to prohibit issuing deferred payment warrants in the future and to provide that said County shall be thereafter opetated on a cash basis, and to prohibit the issuance of checks on the depository unless sufficient funds are on deposit to pay the same at the time of the issuance thereof, and to provide the right in the governing authority to borrow money to supply casual deficiencies in revenue as authorized by this Constitution, to provide for the assessment and collection o.Z an annual tax sufficient in amount to pay the principal and interest of said funding bonds as they shall fall due, to provide that the funds raised by such additional bonded indebtedness shall be used exclusively and for no purpose other than the payment of said unpaid .warrant indebtedness and interest thereon, to provide that tax levies for lawful County purposes made in the year of 1941 and each year thereafter by the governing

542

JOURNAL OF THE SENATE,

authority shall be legal with the express power in said governing authority to levy and collect taxes for lawful County purposes for the then cunent year for use all, or in part in the operation of said County for the ensuing year, and to provide that no violation of this provision as to the conduct of the fiscal affairs of said County shall affect or impair the validity of said funding bonds, to provide that said funding bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, and to provide for the maturity of said bonds within thirty years from the date of issuance, and to provide for the validation of said funding bonds in the manner as is provided by law for the validation of original obligation bonds, and for the holding of a special election as in cases of original obligation bonds, 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. 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 paragraph in the follo.wing words and language, to-wit:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution Walker County without restriction as to the seven per cent limitation of taxable value of property for bond purposes is hereby authorized and empowered to issue bonds sufficient in amount io refund, pay off, and retire all 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 Depository of said County on the date as determined by the governing authority of said County, said bonds to be known and designated as "Funding Bonds."
In the event the privilege granted herein is exercised by said County, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury or Depository 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 County, shall be paid monthly or otherwise as may be determined by the governing authority of said County, 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 and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then cuncnt year for usc all or in part in the operation of ~aid County for the ensuing year. No violation of any provision of this amendment as

THURSDAY, MARCH 6, 1941

543

to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of funding bonds shall in any .wise affect or impair the validity of said funding bonds.
Said funding bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said funding bonds shall be issued under the authority hereof when authorized by a special election, to be held in the manner prescribed by law for special elections as in the case of original >bligation bonds. Said funding bonds shall not be issued without the assent of two-thirds of the qualified voters of Walker County, voting at said special election for that purpose, to be held as prescribed by law, and provided further that said two-thirds so voting at said special election shall be a majority of the registered voters of said County. If the requisite two-thirds of the qualified voters of Walker County voting at said special election for said funding bonds, and the two-thirds so voting are a majority of the registered voters thereof, then the governing authority of Walker County shall have the authority to issue said funding bonds, and said funding bonds shall be general obligation of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds.
Section 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 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 Walker County to issue funding bonds to refund its outstanding warrant indebtedness"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing Walker County to issue funding bonds to refund its outstanding warrant indebtedness". And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, as provid~ed by law, the result shall be consolidated as 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.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The committee offered the following amendment which was adopted:

The Committee of the Senate on Amendments to Constitution amends House Bill No. 373 as follows:

By striking from the caption of said bill the .words, "And to provide for the validation of said funding bonds in the manner as provided by law for the validation of original obligation bonds, and for the holding of a special election as in cases of original obligation bonds, and for other purposes"; and inserting in lieu thereof the following words:
"And to provide how said bonds shall be authorized, validated and issued, and for the holding of a special election, and for other purposes."

And said bill is further amended by striking the last two sentences of Section 1 of said bill and inserting in lieu thereof the following words:

"Said funding bonds shall not be issued without the consent of a majority of the qualified voters of Walker County, voting at said special election for that purpose, to be held as prescribed by law. Said special election to be held within thirty days after the proclamation of the Governor declaring this amendment ratified. If the majority of the qualified voters of Walker County so voting at said special election vote for said funding bonds, then the governing authority of Walker County shall have the authority to issue said funding bonds, and said funding bonds shall be general obligations of said County and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds."
The 1eport 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:

Adams Almand Bargeron Barnhill Bland Bradley Burnside Campbell Clark Coker Couch Daughtry Dobbs Dorsey

Drake Edenfield Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston

Kirkland Lanier Lewallen Martin Mason McGehee ::Milhollin Mosley Park Ragan Sumner Wall Whaley

THURSDAY, MARCH 6, 1941

545

Not voting were Senators: Cannon, Coxon, Kiker, Odom, Pilcher, Rowland, Smith of 24th, Smith of 35th, Steed, and Striplin.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed as amended.

By Mr. Rossee of Putnam:
House Bill No. 455. A bill to amend the Act creating a new charter for the City of Eatonton; and for other purposes.
The committee offered the following amendment which was adopted:
Senator J. 0. Wall of the 28th District proposes to amend House Bill No. 455 as follows:
Section 1. By inserting in the title of said bill between the words "bond forfeitures and other executions"; and the ,words "to repeal conflicting laws"; the words "to provide a referendum election on this Act;" so that said title as amended shall read as follows:
"A bill to be entitled an Act to amend the Act approved August 5, 1908, (Ga. Laws 1908, pages 620-645), creating and establishing a new charter for the City of Eatonton and defining the rights, powers and privileges of said corporation, by changing the method of selecting a city clerk and by prescribing his powers, duties, compensation and tenure of office; to provide for a recorder of said city and to prescribe his jurisdiction, powers, duties, compensation and tenure of o::"fice; to provide the procedure in cases against persons violating the ordir>anccs of said city; to provide for the appointment of city registrars and prescribe their powers, duties, compensation and tenure of office; to prescribe the procedure to be followed in contesting liability on tax executions, paving assessments, bond forfeitures and other executions; to provide a referendum election on this Act; to repeal conflicting laws; and for other purposes."
Section 2. By striking Section 7 of said bill in its entirety and substituting in lieu thereof a new Section to be numbered and to read as follows:
"Section 7. Upon the approval of this Act by the Governor, the Mayor and Council of the City of Eatonton shall call an election for the purpose of allowing the qualified voters of said City to vote upon the adoption or rejection of this Act. Notice of such election and a brief summary of the provisions of this Act shall be published once at least three weeks prior to the date fixed for holding said election in the newspaper published in said city having the largest general circulation. If, at said election, a majority of the qualified voters of the City of Eatonton shall vote in favor of the adoption of this Act, then this Act shall become of full f orcc and effect; otherwise this Act shall be null and void and remain inoperative."
Section 3. By adding to said bill a new Section to be numbered and to

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read as follows:
"Section 8. When this Act shall become effective in the manner provided in Section 7, all laws and ordinances of the City of Eatonton, when not in conflict herewith nor repealed hereby, be, and they are hereby reaffirmed and continued in full force and effect."
Section 4. By adding to said bill a new Section. to be numbered and to read as follows:
"Section ~- That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
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.
The bill, having received the requisite constitutional majority, was passed as amended.
By Messrs. Bloodworth, Grice, and VI eaver of Bibb: House Bill No. 151. A bill to vest in the County Commissioner of Bibb
County additional power and authority; and for other purposes.
Senator Dobbs of the 22m! offered the following amendment which was adopted:
Senator Dobbs moves to amend the caption of House Bill No. 151 by adding the words "and to provide for the expiration of said Act" immediately before the words "and for other purposes," in the caption, and by changing Section 2 to Section 3 and adding to said Bill a new Section 2 which shall read as follows:
"Section 2. The provisions of this Act :;hall be effective for four ( 4) years after January 1, 1~41 and no longer, provided nothing in this Section shall affect the right or method of collecting the licenses or taxes which have accrued prior to the expiration of this Act.
Senator Dobbs of the 22ncl offered the following amendment which was adopted:
Senator Dobbs moves to amend House Bill No. 151 by striking therefrom wherever they occur, either in the caption or in the body of the Act, the words "without the incorporated limits of the City of Macon" and substituting in lieu thereof the words "other than within the incorporated limits of an incorporated town or city."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the pasEage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed

THURSDAY, MARCH 6, 1941

547

as amended. Under the order of unfinished business the following bill of the Senate
was taken up for consideration:
By Senator Gross of the 20th: Senate Bill No. 112. A bill proposing an amendment to Article 7, Section
7, Paragraph 1 of the Constitution, so as to authorize counties, cities, and other political sub-divisions of this State to issue refunding bonds for the purpose of retiring all or any part of the outstanding bonded indebtedness; and for other purposes.
Senator Mason of the 30th moved that Senate Bill No. 112 be recommitted to the Committee on Amendments to Constitution with instructions to report same back to the Senate not later than Monday morning, March 10, 1941.
The motion prevailed.
By Senator Edenfield of the 4th: Senate Bill No. 172. A bill relating to the distribution of motion picture
:films, providing terms and conditions of licensing the same, and providing penalties for violation of this Act; and for other purposes.
The committee offered the following substitute which was adopted: A BILL
To be entitled an Act to govern and regulate the distribution of motion pi~ture films; to provide terms under which distributors or producer-distributon' shall hereafter license feature motion picture films to exhibitors; to provide under what conditions exhibitors shall have the right to cancel license agreements; to bar distributors or producer-distributors from requiring exhibitors to license short subjects, news reels, trailers, serials, re-issues, foreign
and western motion picture films, and I or road shows, in order to obtain fea-
ture motion picture films; to declare void any provision of any license entered into hereafter, which is contrary to the provisions of this Act; to provide penaltie-; for violation of the provisions of this Act; to define certain (motion pictnre film) terms as applied to this Act; to cite the need of governing and regulating the distribution of motion picture films, as a preamble to this Act; to provide a separability clause as to the constitutionality or validity of the respe.:'tive provishns of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes.
Preamble. "\Vhereas, the motion picture industry is made up of three branches, namely, production, distribution, distribution and exhibition; and
Whereas, the production and distribution branches are dominated and controlled by producing and distributing companies with great economic power; and
"\Vhereas, these producing and distributing companies license, lease and distribute substantially all of the feature motion pictures exhibited in the State of Georgia and the other States of the Union; and the needs of the exhibitor requires that he license or lease feature motion pictures from substantially all

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JOURNAL OF THE SENATE,

the distributors and l or producer-distributors; and

\Vhercas, by reason of arbitrary terms and conditions imposed by the dis-
tributors and I or producer-distributors, the exhibitor has been;

(a) Compelled as a condition precedent to licensing feature motion pictures, to also license short subject, news reels, trailers, serials, re-issues, foreign and western pictures far in excess of his needs or requirements;

(b) Unable to l'ancel feature motion pictures injurious and damaging to his business, and therefore compelled to play pictures undesirable and harmful to the public; a'1d
\Vhereas, the long established trade practice of licensing feature motion pictures for a full season (one year) is es~ential to the best interests of the producet-distributors, exhibitors, and the p;1blic; but th~ above conditions im-
posed by the distributors and I or producer-distributors have subjected the ex-
hibitors to unfair disadvantages, preventing him from responding to the community and local public influence and preference with respect to selection of desirable feature motion picture films and arc inimicable to public welfare and against public policy; now, therefore,

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. Definitions. For the purpose of this Act, unless the context othcn\ ise provides:
(a) The: term "person" includes an individual, partnership, association, joint stock company, trust or corporation;
(b) The term "distribcJtor" includes any person who engages or contracts to engage in the distribution of motion picture films;
(c) The term "exhibitor" includes any person who engages or contracts to engage in the exhibition of motion picture films;
(d) Tht teu1 "license" includes the offering, intending or making of a license agreement, contract, or any type of agreement whereby a film, the distribution of whch is controlled by one of the parties is to be supplied to and or exhibiteti in a theatre owned, controlled or operated by the other party;
(e) The term "feature motion picture film" means all motion pictures,
whether copyrighted or uncopyrightcd, including positive and I ot negative
prints and copi,s or reproductions of such prirts, which films contain photoplays or other subjects and arc produced for public exhibition. The term shall not inclu~k films commonly kno"rn as ~hort subjects, news reels, trailers, serials, re-i~sues, foreign and western pictures, and , or road shows;
(f) The t<rm "<xhibition season" shall mea'1 a pt>riod of twelve months
as ma:' be selected by the di~tributor and I or producer-distributor; provided,
however, that there shall be no lapse of time between the termination of one

THURSDAY, MARCH G, 1D41

549

season and th<' bC'ginning of th<' n<:'xt.
Section 2. No distributor Ol' producer-distributor shall h<:'reafter license feature motion picture films to an exhibitor in this State unless the license provides:
(a) That all the feature motion picture films, which such distributor will license during the <'Xhibition season or the unexpired portion thereof, shall be included;
(b) That the exhibitor shall have the right to cancel a minimum of twenty per cent of the total number of feature motion pictures included in such license. Such cancellation shall be made proportionately among the several price brackets, if there be such price brackets in the license agTC'ement, or, if desir<'d, any number of th:: cancellations, to which an exhibitor is entitled, may be made from the lowest price bracket at the exhibitor's option. The right to cancellation shall not be effective unless the exhibitor exercises such right by giving notice thereof to the di>:tributor, within fifteen days after being notified of the availablity of a feature motion picture. The right to cancellation may bP waived by the PXhibitor before or after the making of a license agreement, but such waiver shall be in writing.
Section 3. No distributor or producer-distributor shall hereafter license feature motion picturi' films to an exhibitor in this State upon the condition that the exhibitor must also license short subjects, news reels, trailers, serials,
re-issues, foreign and western motion picture films, and I or road shows.
Section 4. Any provision of any license entered into hereafter, which is contrary to any of the provisions of this Act, is hereby declared to be against public policy and void.
Section fi. Every person violating any prov1s10ns of this Act, or assisting in such violation, shall, upon conviction thereof, be punished by a fine not exceeding $1,000.00 or, in default of .the payment of such fine, by imprisonment in the county jail for not more than one year. In the case of a corporation, the violation of this Act shall be deemed to be also that of the individual directors, oZfic2rs or agents of such corporation who have assisted in such violation, or who have authorized, ordered or done the acts or omissions constituting, in whole or in part, such violation, and upon conviction thereof, any such directors, o~ficers o1 agents shall he punished by fine Ol' imprisonment, Ol' both, as in this section provided.
Section G. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons and circumstances shall not be affected thereby.
Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repoolcd.
The report of the committee, which was favorable to the passage of the

550

JOURNAL OF THE SENATE,

bill by substitute, 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 by substitute.
Senator Edenfield of the 4th moved that Senate Bill No. 172 be immediately transmitted to the House, and the motion prevailed.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 172.
Respectfully submitted, Hill of 36th district, chairman.
Under the order of bills postponed from previous sessions, the following bill of the Senate was taken up for consideration:

By Senator Park of the 19th: Senate Bill No. 18. A bill to require all persons having certain claims
against the State of Georgia to have the State Auditor to approve them before payment; and for other purposes.
The committee offered the following substitute which was adopted:
AN ACT To regulate the financial operations of the State, to provide by fixed allowance for travel, transportation, food and lodging, to provide a limit to the allowance made for the expenses of the mansion, to provide for the liability of public officials in the event of expenditure of funds unauthorized, to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows:
Section 1. That on or after the passage of this Act, no agency of the State is authorized to expend, obligate or in any way to dispose of the State's funds or credit unless same has been previously approved by the Budget Bureau in writing and the same shall not be expended except in accordance with the items set out in the approved budget.
Any obligations made against the State are null and void unless same are within the funds set up in the budget and bearing the approval of the Director of the Budget or the Assistant Director of the Budget in writing.

THURSDAY, MARCH G, 1941

551

Section 2. Immediately after the passage of this Act, each State agency shall desig-nate in the agency some person experienced in dealing with the finances of the agency a budget officer whose duty it shall be to set up and maintain a ledger showing the budget amounts for each object by class as approved by the Budget Bureau . It shall be the duty of all State officials and employees of each State agency to submit to the designated budget officer in their respective agency any and all changes in salary rates, additional employment, persons released from employment and any other proposed obligation to be made against the State whether by purchase, contract or otherwise, prior to incurring of the obligation. The budget officer shall immediately charge said amount or amounts against each item as allowed on the approved budget; if same is not in accordance with the items on approved budget, he shall immediately notify the respective agency head of same. The agency head shall either request the Budget Bureau for an amendment to the budget or direct the budget officer to cancel the item.
At the same time that the agency head is notified of the items not in accordance with the budget, the Budget officer is hereby directed to send two copies of such notification to the State Auditor, who shall, in his discretion, request the agency head not to approve the said item if same is determined not to be for legitimate expenses of the agency.
Section 3. The disbursing officer or officers of any State agency are not authorized to make expenditure for any obligation of the agency unless the obligation has been validated by the budget officer signifying that same has been approved as being in line with the approved budget items, the item has been charged against and is within the amount previously approved on the budget.
Section 4. Before a monthly requisition for funds on the approved budget shall be honored by the State Auditor, it ~hall be necessary, after the passage of this Act, to attach to the requisition the budget accounting form to be furnished by the Budget Bureau requiring a list of the amount of expenditures for the month, amount of expenditures for quarter and the obligations due at end of each month and any other detail information that the State Auditor may require.
Section 5. (a) That immediately after the passage of the Act, all employees of the State shall have an assigned base point, registered and approved by the employing State agency.
These base points shall be determined by the nature of the duties of the employee and for the purpose of the greatest economy and the least cost. No travel cost is allowable in the employee's base city except in a few instances where the nature of the duties of the employee has required it and each such case shall haTe special budget listing and approval.
(b) An allowance of four cents per mile for all forms of transportation to and from base point is hereby enacted, as the amount to cover all forms of transportation and all expenses incidental thereto.

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(c) An allowance of two dollars per day for all food costs while traveling in the services of the state is hereby enacted.
(d) An allowance of two dollars per day for lodging and any expense incident thereto is hereby enacted.
(e) No other or different travel expense items shall be allowed other than the amounts set out in the sub-sections (a), (b), (c) and (d), exc<'pt in the event an emergency :;;hould arise and such emergency :;;hall bear the approval of the Budget Bureau prior to incurring of the expense.
Section 6. Immediately after passage of thi:;; Act, an allowance shall be made not in excess of seventy-five dollar:;; weekly for the operation of the Mansion, exclusive of heat, lights, power, water, repairs and other necessary household furnishings.
Section 7. All board members or financial officials, elective or appointive, who are agency heads, shall give surety bond payable to the State of Georgia in an amount not less than ten thousand dollars and upon execution of same, the bond shall be filed in the office of the State Auditor. The State Auditor is hereby directed to notify the Attorney General of the State of Georgia and the principal of said surety of the amount or amounts of any obligations contracted by a State agency in excess of the amount approved on the budget.
Section 8. Be it enacted that 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, was agreed to.
On the passage of the bill, the ayes were 28, nays G.
The bill, having received the requisit<' constitutional majority, was passed by substitute.
By Senator Edenfield of the 4th: Senate Bill No. 168. A bill to provide for the appointment of a County
Director and other personnel in the County Departments of Public welfare; and for other purposes.
The hour of adjournment having arrived, the bill went over until tomorrow as unfinished business.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, MARCH 7, 1941

653

Senate Chamber, Atlanta, Georgia, Friday, March 7, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.

Prayer was offered by Dr. C. Pierce Harris, Pastor of the First Methodist Church of Atlanta.

Following the prayer, Dr. Harris addressed the Senate.

Senator Edenfield of the 4th asked unanimous consent that the call of the roll be dispensed with.

There was objection.

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

Adams Bargeron Bland Bradley Burnside Cannon Clark Coker Couch Daughtry Dobbs Dorsey D1ake Edenfield Edwards

Fortson Foilter Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin

Mason McGehee Milhollin Mosley Odom Park Ragan Rowland Smith, 24th Smith, 35th Steed Shiplin Sumner Wall Whaley

Senator Barnhill of the 5th was granted leave of absence for today due to important business.

Senator Odom of the 9th, Vice-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 Edenfield of the 4th asked unanimous consent that the following be established as the order of business for today immediately after the period of unanimous consent:

1. Introduction of bills and resolutions.

2. Reports of standing committees.

554

JOURNAL OF THE SENATE,

3. Reading bills second time favorably reported.
4. Putting on passage local uncontested bills.
5. Reading House bills first time for reference.
6. Unfinished business.
7. Consideration of general bills and resolutions.
The consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:
By Senator Whaley of the 45th: Senate Bill No. 196. A bill to amend an Act approved August 1, 1918,
entitled "An Act to amend an Act creating a new charter for the City of McRae, and to consolidate the Acts relating to the acts and powers of said corporations; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Smith of the 24th: Senate Bill No. 197. A bill to amend that certain Act approved August
17, 1929, entitled "An Act to amend an Act to create a new charter for the City of Columbus, Georgia, approved November 29, 1890, so as to empower said City to pass zoning and planning laws, whereby said City and its police district may be zoned or districted for various uses and other or different uses prohibited therein, regulating the uses for which said zone or districts may be set apart, and regulating the plans for development and improvement of real estate therein; and for other purposes.
Referred to Committee on Municipal Government.
By Senator Odom of the 9th: Senate Resolution No. 57-195A. A resolution providing for a geological
and geophysical survey in the 2nd Congressional District.
Lay on the table one day.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 339. A bill to be entitled an Act to amend an Act en-
titled "An Act to change from the fee to the salary system in certain counties, certain county officers, and for other purposes.
By Messrs. Williams and Hardy of Jackson, Dalton of Banks, and Smith of

FRIDAY, MARCH 7, 1941

555

Barrow: House Bill No. 324. A bill to be entitled an Act to fix the compensation of
the Court Reporter in the Piedmont Circuit; and for other purposes.
By Mr. Aultman of Peach: House Bill No. 368. A bill to be entitled an Act to authorize the payment
of automobile expenses to the sheriff in certain counties having a certain population, and for other purposes.
By Messrs. McClure of Catoosa, Kelly and Mavity of Walker: House Bill No. 364. A bill to be entitled an Act to amend the Highway
Mileage Act so as to add to map attached, a road in Catoosa and walker Counties; and for other purposes.
By Yfessrs. Elliott and Wohlwender of Muscogee: House Bill No. 633. A bill to be entitled an Act to regulate the salaries
of stenographic reporters of the Superior Courts of all judicial circuits in the State, having a certain population; and for other purposes.
By Messrs. Bowen and Pierce of Brantly: House Bill No. 446'. A bill to be entitled an Act to amend the Highway
Mileage Act, and for other purposes.
By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, Marion Ennis of Baldwin, and J. H. Ennis of Baldwin:
House Bill No. 326. A bill to be entitled an Act to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm, and for other purposes.
By Mr. Davis of Coweta: House Bill No. 473. A bill to be entitled an Act to amend an Act relat-
ing to salaries of clerk in lieu of fees, by making the said Act applicable to counties on a basis of the 1930 census only; and for other purposes.
By Messrs. Bowen of Pierce, Bates and Williams of Ware. House Bill No. 453. A bill to be entitled an Act to amend an Act en-
titled "Highway Mileage"; and for other purposes.
By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton, and Messrs. Dunaway, Candler and Turner of DeKalb:
House Bill No. 625. A bill to be entitled an Act creating a Highway Authority for any County having a City of 300,000 population.
By Mr. Kaigler of Quitman: House Bill No. 375. A bill to be entitled an Act to amend an Act entitled
"Highway Mileage"; and for other purposes.
By Messrs. Gowen of Glynn, Dyal of Appling, Anderson of Wayne, Bennett of Jeff Davis and Ferguson of Camden:
House Bill No. 303. A bill to be entitled an Act to amend Section 24-3103

556

JOURNAL OF THE SENATE,

and 24-3104, of the 1933 Code of Georgia; and for othr1: purposes.
By Mr. Inglis of Habersham: House Bill No. 413. A bill to be entitled an Act to provide for holding
four terms a yPar of the Superior Court of Habersham County; and for other purposes.
By Messrs. Foster of Towns, and Rich of Union: Housp Bill No. 459. A bill to be entitled an Act to amend and change
the boundry lines between Towns and Union Counties; and for other purposes.
By Mr. Boone of Wilkinson: House Bill No. 503. A bill to be entitled an Act to amend Section 39-1103
of the 1933 Code of Georgia; and for other purposes.
By Mr. Wilbanks of ChProkee: HousP Bill No. 32i'i. A bill to be Pntitled an Act to authorize any County
having a cPrtain population, to pass, through its Board of County Commissioners, zoning and planning laws.
By :\1essrs. EthPridge and Kendrick, and Mr~'<. Mankin of Fulton: House Resolution No. 82-485A. A resolution authorizing Fulton County
to refund to Mobley and Lunsford the sum of $U2G.50 for a bond; and for other purposes.
By Mr. Bynum of Rabun: House Bill No. 489. A bill to be entitled an Act to create two additional
terms for the Superior Court of Rabun County; and for other purposes.
By Mr. Looper of Dawson: House Resolution No. 53-297B. A resolution authorizing the State Li-
brary to furnish certain volumes of the Georgia Reports to Clerk of the Superior Court.
By Mr. Hart of Thomas: House Resolution No. 4G-259A. A resolution providing that the Ordinary
of Thomas County be furnished certain copies of the Georgia Reports, and for other purposes.
The following message was received from the HousP through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by substitute the following bills of the Senate, to-wit:
By Senator Couch of the 52nd: Senate Bill No. 30. A bill to be entitled an Act to transfer to the County
Tax Collector, duties now imposed upon County Registrars in Counties having a population of 200,000 or more; and for other purposes.

FRIDAY, MARCH 7, 1941

557

By Senator Campbell of the 34th: Senate Bill No. 124. A bill to be entitled an Act providing for an addi-
tional and cumulative method of fixing salaries or sole compensation for certain officers in certain counties; and for other purposes.
Mr. President:
The House has passed as amended the following bill of the Senate, to-wit:
By Senator Campbell of the 34th: Senate Bill No. 125. A bill to be entitled an Act changing the classes
and amounts of commissions allowed to tax receivers and tax collectors of State and County taxes; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-\Yit:
By Jir. Vickers of Coffee, and :vir. Taft of Atkinson: House Bill No. !10. A bill to be entitled an Act to amend an Act desig-
nating the Highway l\:Iileage by adding additional mileage in Coffee County and Atkinson County; and :or other purposes.
By l\1 rs. Mankin, :vlessrs. Etheridge and Kendrick of Fulton: House Bill No. 170. A bill to be entitled an Act to amend the County
Board of Health Act so as to provide that a member of the Board of Commissioners other than the Chairman may sit upon same; and for other purposes.
By Mr. Mcintosh of Mcintosh: House Bill No. 162. A bill to be entitled an Act to permit the taking of
catfish from the waters of Mcintosh County; and for other purposes.
By Mr. Smith of Barrow: House Bill No. 2:)2. A bill to be entitled an Act to provHJe for holding
four terms a year of the Superior Court of Barrow County; and for other purposes.
By }iessrs. Kendrick and Etheridge an"d Mrs. Mankin of Fulton: House Bill No. 275. A bill to be entitled an Act to provide for the Ex-
amination of :vlaster Journeyman Plumbers and Steam Fitters, and for other purposes.
By !'dessrs. Gray of Houston, Dupree of Pulaski and Bloodworth of Bibb: House Bill No. 2!15. A bill to be entitlt:d an Act to amend an Act en-
titled "Highway Mileage"; and for other purposes.
By Messrs. Dunaway, Candler and Turner of DeKalb; Etheridge, Kendrick and

558

JOURNAL OF THE SENATE,

Mrs. Mankin of Fulton: House Bill No. 234. A bill to be entitled an Act to provide a pension for
the police department in Cities having a population of 150,000 or more according to the last U. S. Census.
By Messrs. Dallas, Caldwell and Bruce of Troup: House Bill No. 261. A bill to be entitled an Act to amend an Act entitled
"Highway Mileage"; and for other purposes.
By Mr. Welsch of Cobb: House Bill No. 293. A bill to be entitled an Act to amend Section 34-1302
of the 1933 Code of Georgia, relating to elections; and for other purposes.
By :Mr. Heard of Elbert and Richardson of Hart: House Bill No. 185. A bill to be entitled an Act to amend Section 45-505
of the 1 D33 Code; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 340. A bill to be entitled an Act to amend an Act affect-
ing the Commissions allowed to tax receivers and tax collectors; and for other purposes.
By Messrs. Smith and Smitha of Carroll: House Bill No. 408. A bill to be entitled an Act to establish a Hospital
and Health Board for Carroll County; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 441. A bill to be entitled an Act to amend the pension
system for Fulton County; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 627. A bill to be entitled an Act to amend an Act creating
a new charter for the City of Atlanta; and for other purposes.
By Messrs. Elliott and \Vohlwender of Muscogee: House Bill No. 629. A bill to be entitled an Act to amend the charter
of the City of Columbus; and for other purposes.
By }ir. Heard of Elbert: House Bill No. 645. A bill to be entitled an Act to amend an Act in-
corporating the City of Elberton so asto allow zoning and planning laws; and for other purposes.
By Mr. Dyal of Appling: House Bill No. 650. A bill to be entitled an Act to amend the charter
of the City of Baxley; and for other purposes.
By :Mr. Davis of Coweta: House Bill No. 651. A bill to be entitled an Act to amend the Act cre-
ating a new charter for the City of Newnan; and for other purposes.

FRIDAY, MARCH 7, 1941

559

By Senators Kiker of the 41st and Cannon of the 40th: Senate Bill No. 40. A bill to increase the mileage of the State-Aid Road
System by adding- thereto a highway beginning at McCaysville, on State Highway Route No. 5 in Fannin County; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 48. A bill to amend an Act of the General Assembly
of Georgia to abolish the fee system now existing in the Superior Courts of the Stone Mountain Judicial Circuit, as applied to the office of Solicitor General; and for other purposes.
By Senator Whaley of the 45th: Senate Bill No. 83. A bill to amend an Act entitled "Highway Mileage",
so as to add to said map a certain road in the counties of Telfair, Dodge and Laurens; and for other purposes.
By Senator Edenfield of the 4th: Senate Bill No. 143. A bill to be entitled an Act to amend an Act grant-
ing to the City of Kingsland a charter; and for other purposes.
By Senator Edenfield of the 4th: Senate Bill No. 144. A bill to amend an Act granting a charter to the
City of Kingsland, so as to authorize the passage of zoning and planning laws; and for other purposes.
The following privileged resolutions were read and adopted:
By Senator Milhollin of the 46th: A resolution extending the privileges of the floor to the Hon. J. M.
Thrash, President of the South Georgia College at Douglas, Georgia.
By Senator Edwards of the 6th: A RESOLUTION
Whereas, Senator J. B. Park was eighty-seven years old February 28, 1941, and
whereas, Senator J. B. Park is one of the outstanding and leading citizens of our State, and
Whereas, Judge J. B. Park served as Judge of his Judicial Circuit for a period of t\\'enty-eight years, and
Whereas, Judge Park's long career and many years of service have been devoted to the up-building of Georgia, its fine citizenship, its institutions of learning, and its institutions of justice, and Judge Park has always been interested in the things that make life more abundant, and
Whereas, it is a distinct honor for the State of Georgia to have Judge Park, who is eighty-seven years old, as a member of the State Senate,
Therefore, be it resolved by the State Senate that we commend Judge

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JOURNAL OF THE SENATE,

Park for his long years of service, leadership and wish him many more happy birthdays,
Be it further resolved that a copy of this resolution be given to Judge Park, who is a member of this honorable body.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
::.\fr. President: Your Committee on Engrossing have read and examined the following
bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 159.
Senate Bill No. 155.
Senate Bill No. 18.
Senate Bill No. 195.
Respectfully submitted, Hill of 36th district, chairman.
Mr. Daughtry of the 21st District, Chairman of the Committee on ;vrunicipal 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. 585. Do pass. House Bill No. 530. Do pass.
House Bill No. 578. Do pass.
House Bill No. 480. Do pass. House Bill No. 590. Do pass. House Bill No. 564. Do pass. House Bill No. 508. Do pass. House Bill No. 621. Do pass. House Bill No. 588. Do pass. House Bill No. 609. Do pass. House Bill No. 442. Do pass.

FRIDAY, MARCH 7, 1941

561

Senate Bill No. 191. Do pass.
Senate Bill No. 190. Do pass.
Senate Bill No. 186. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Daughtry of the 21st 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 recommendations:
House Bill No. 319. Do not pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Fortson of the 50th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia 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. 190. Do pass.
Respectfully submitted, Fortson of 5Oth district, chairman.
Mr. A. L. Dorsey of the 32nd 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. 153. Do pass.
Senate Bill No. 166. Do pass.
Senate Bill No. 176. Do pass.
House Bill No. 64. Do pass. Respectfully submitted, Dorsey of 32nd district, chair141an.

562

JOURNAL OF THE SENATE,

The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Edwards of the 6th: Senate BiiJ No. 153. A bill to amend the Constitution by repealing Para-
graph 16 of Section 7 of Article 3, said paragraph relating to the passage of local or special biils; and for other purposes.
By Senator Couch of the 52nd: Senate BiJI No. 166. A biJI authorizing Judges of Superior Courts to con-
tinue Grand Juries in session beyond the end of any term of court for which they \\ere originally impannelled; and for other purposes.
By Senators Drake of the 8th and Coker of the 39th: Senate BiJI No. 176. A biii to amend Section 68-502 of the Code, provid-
ing certain exemptions not to be included under the term "motor carrier"; and for other purposes.
By Senator Daughtry of the 23rd: Senate Bill No. 186. A bill to amend an Act incorporating the Town of
Mcintyre; and for other purposes.
By Senator Kiker of the 41st: Se>Jate Bill No. 1!JO. A bill to incorporate and establish the City of East
Ellijay; and for other purposes.
By Senator Kiker of the 41st: Senate Bill No. 191. A bill to incorporate and establish the City of
Ellijay in the County of Gilmer; and for other purposes.
By Senator Franklin of the 38th: Senate Bill No. 193. A bill to promote free tuition in the University
System of Georgia for certain persons engaged in or to become engaged in the teaching profession; and for other purposes.
By Messrs. Duv:away, Turner, and Candler of DeKalb: House Bill No. 64. A bill to amend Title 61, Chapter 3 of the Code, so
as to extend the provisions of said chapter to include croppers and servants who continue to hold possession of 1ands and tenements after their employment as such has terminated; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House BiJI No. 442. A bill to amend an Act establishing a new charter
for the City of Atlanta, relative to the granting of sick leave to the members of the Police Department; and for other purposes.
By Mr. Walker of Grady: House BiJI No. 480. A bill to amend the charter of the City of Cairo so
as to prescribe the qualifications of voters; and for other purposes,

FRIDAY, MARCH 7, 1941

563

By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 508. A bill to create a new municipality in Chatham
County to be known as Garden City; and for other purposes.
By Messrs. 'Veaver, Grice, and Bloodworth of Bibb: House Bill No. 530. A bill to convey title to certain streets and alleys,
and to close and otherwise exert authority over certain streets and alleys in the City of Macon; and for other purposes.
By Messrs. Smith and Smitha of Carroll: House Bill No. 564. A bill to amend, revise, and provide for a new charter
under the corporate name of "City of Villa Rica, Georgia"; and for other purposes.
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 578. A bill to amend an Act to amend, revise, and con-
solidate the several Acts granting corporate authority to the City of Americus; and for other purposes.
By Mr. Joiner of Cook: House Bill No. 585. A bill to amend an Act to incorporate the City of
Adel; and for other purposes.
By Mr. Mcintosh of Mcintosh: House Bill No. 588. A bill to amend an Act to provide a new charter for
the City of Darien; and for other purposes.
By Messrs. Barlow and Barber of Colquitt: House Bill No. 590. A bill to amend an Act to create and incorporate
the Town of Riverdale; and for other purposes.
By Mr. Mcintosh of Mcintosh: House Bill No. 6"09. A bill authorizing the City of Darien to close parts
of streets within said city; and for other purposes.
By Mr. Strickland of Haralson: House Bill No. 621. A bill to amend the charter of the City of Bremen
so as to extend the corporate limits of said city; and for other purposes.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senator Smith of the 24th: Senate Bill No. 182. A bill to regulate the salaries of stenographic reporters of the Superior Courts of all Judicial Circuits of this State in all Counties having therein a City with a population of not less than 50,000 or more than 55,000; and for other purposes.
The report of the committee, which was favor:;~ble to the passage of the bjj!, was agreed to.

564

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator :\1ason of the 30th:
Senate Bill No. 187. A BILL
To be e'1titled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Parag-raph 1, of the Constitution of Georgia, so as to authorize Hart County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warra'1t indebtedness of said 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to make provision i"or 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 purposes.
B~ it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding th~reto a paragraph in the following words and language, to-wit:
Provided, however, that in addition to the bo'1ded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Hart County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outsta!!ding and existing lawful warrant indebtedness of said County, including interest due or payable thereon, as the same appears on record in the ofrice of the Board of Commissioners of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the Governor declaring this amendment ratified; said bonds to be known a'1d designated as "Funding Bonds".
In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the treasury of said Count~, and miJ 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 County shall be paid

FRIDAY, MARCH 7, 1941

565

monthly or otherwise as may be determined by the governing autliority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said authority, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.

Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issua!lce. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Provided, however, said Refunding Bonds shall not be issued without the assent of two-thirds of the qualified registered voters of Hart County at an election held as prescribed by law, and provided, further, that said two-thirds so voting shall be a majority of the registered qualified voters of said County; and if the issuance of such Refunding Bonds is authorized, the same shall then be validated in the manner and under the procedure as is required by Jaw for the validation of original obligation bonds, in which proceedings any tax payer of said County may contest the legality of any debt, for the payment of which said Refunding Bonds, are issued, and no check shall be issued on the proceeds of the said refunding bonds, to pay any indebtedness of said County or for any other purpose, unless signed by each and every commissioner of said County at the regular monthly meeting of said Board of Commissioners.
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

566

JOURNAL OF THE SENATE,

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 Hart County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Hart County to issue Funding Bonds and thereafter to operate on a cash basis, 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 no'w required by law in elections for members of the General Assembly, then said 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 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 roll call was as follows:

Those voting in the affirmative were Senators:

Adams Bargeron Bland Bradley Burnside Cannon Coker Couch Daughtry Dobbs Dorsey Drake Edenfield Edwards

Fortson Foster Franklin Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland Lanier Lewallen Martin

Mason McGehee Milhollin Mosley Odom Park Ragan Rowland Smith, 24th Steed Sumner Wall Whaley

Not voting were Senators: Almand, Barnhill, Campbell, Clark, Coxon, Garner, Kiker, Pilcher, Smith of 35th, and Striplin.

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

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

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

FRIDAY, MARCH 7, 1941

56'7

was passed.
By Senator Mason of the 30th: Senate Resolution No. 51-185A. A resolution authorizing the State Li-
brarian to furnish certain law books to the Ordinary of Hart County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
By Mr. Rossee of Putnam: House Bill No. 123. A bill to amend the school laws of the City of Eaton-
ton so as to provide for the payment direct of all state funds due the schools 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 40, nays 0.
The bill, having received the requisite constitutional majority, <was passed.
By Mr. Gross of Stephens: House Bill No. 299. A bill to repeal an Act providing that counties of
this State having a population of not less than 12,640 and not more than 12,655, the residents of individual school systems shall have the right to vote in primaries; 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 August 28, 1931, providing for the election and eligibility of the County School Superintendent in counties having certain populations, by amending Section 2, page 133, of said Act, as applying to counties having a population of not more than 11,751 and not less than 11,739 according to the 1930 census Ol' any future census; 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 Section 2 of the Act of the General Assembly of Georgia, approved August 28, 1931 (Ga. Laws 1931, p. 133) be and the same is hereby amended by adding to said section the following provision:
"Provided, that the number of the population herein fixed and referred to shall not apply to counties having a population of not less than 11,739 and not more than 11,751, according to the 1930 census or any future census."

568

JOURNAL OF THE SENATE,

Section 2. That the purpose of this Act shall be to make the provJswns of Section 32-1002 of the Code of Georgia of 1933 applicable to counties having a population of not less than 11,739 and not more than 11,751 according to the 1930 census, or any future census, which section prohibits voters residing in independent school districts from voting in elections for county school superintendent.
Section 3. 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

By Messrs. Hunnicutt and Price of Clarke: House Bill No. 418. A bill to amend an Act incorporating the Board of
Education 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Vickers of Coffee: House Bill No. 603. A bill to amend an Act to create a new charter for
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 the passage of the bill, the ayes .were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Vickers of Coffee:
House Bill No. 604. A bill to amend an Act to create a new charter for 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 the passage of the bill, the ayes were 40, nays 0.

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

The following bills and resolutions of the House <were read the first time

and referred to committees:

...

FRIDAY, MARCH 7, 1941

569

By Mr. Vickers of Coffee and Mr. Taft of Atkinson: House Bill No. 90. A bill to amend an Act designating the Highway Mile-
age by adding additional mileage in Coffee and Atkinson Counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Mcintosh of Mcintosh: House Bill No. 162. A bill to permit the taking of catfish from the waters
of Mcintosh County, Georgia; and for other purposes. Referred to Committee on Game and Fish.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 170. A bill to amend the County Board of Health Act
so as to provide that a member of the Board of County Commissioners other than the Chairman may sit upon same; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Heard of Elbert, and Richardson of Hart. House Bill No. 185. A bill to amend Section 45-505 of the Code of Geor-
gia of 1933, to provide the conditions under which this Act shall remain operative; to repeal conflicting laws; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Clements of Calhoun and Gavin of Clay: House Bill No. 203. A bill to amend the Highway Mileage Act by adding
certain mileage to the State Aid System of Roads; and for other purposes. Referred to Committee on Highways and Public Roads.
By Mr. Smith of Barww: House Bill No. 232. A bill to provide for holding four terms a year of the
Superior Court of Barrow County; and for other purposes. Referred to Committee on Special Judiciary.
By Messrs. Dunaway, Candler, Turner of DeKalb; Etheridge, Kendrick, and Ilirs. Mankin of Fulton:
House Bill No. 234. A bill to provide a pension for the Police Department in Cities having a population of 150,000 or more in the State of Georgia according to the last Census of the United States; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Dallas, Caldwell and Bruce of Troup: House Bill No. 261. A bill to amend an Act entitled "Highway Mileage"
by adding a certain road to the State Aid System of Roads; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:

570

JOURNAL OF THE SENATE,

House Bill No. 275. A bill to provide for the examination of Master and Journeyman Plumbers and Steam Fitters; and for other purposes.
Referred to Committee on Industrial Relations.
By Mr. Welsch of Cobb: House Bill No. 293. A bill to amend Section 34-1302 of the 1933 Code
of Georgia, relating to elections; and for other purposes. Referred to Committee on General Judiciary No. 1.
By Messrs. Gray of Houston, Dupree of Pulaski and Bloodworth of Bibb: House Bill No. 295. A bill to amend an Act entitled "Highway Mileage"
for Houston County; and for other purposes. Referred to Committee on Highways and Public Roads.
By Messrs. Go,wen of Glynn, Dyal of Appling, Anderson of \Vayne, Bennett of Jeff Davis, and Ferguson of Camden:
House Bill No. 303. A bill to amend Section 24-3103 and 24-3104 of the Code of Georgia of 1!J33, relating to the compensation for the court reporter in the Brunswick Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Williams and Hardy of Jackson, Dalton of Banks, and Smith of Barrow:
House Bill No. 324. A bill to fix the compensation of the official court reporter of the Superior Courts of the Piedmont Circuit of this State; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Wilbanks of Cherokee: House Bill No. 325. A bill to authorize any County in this State having
a population of not less than 20,120 and not more than 20,130 inhabitants according to the 1940 Federal census, to pass, through the Board of County Commissioners, zoning and planning laws; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, Marion Ennis of Baldwin, and J. H. Ennis of Baldwin:
House Bill No. 326. A bill to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 339. A bill to amend an Act entitled "An Act to change
from the fee to the salary system in certain counties in Georgia;" and for other purposes.
Referred to Committee on Special Judiciary.

FRIDAY, MARCH 7, 1941

571

By Messrs. Lester, Hanis and Jones of Richmond: House Bill No. 340. 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; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. McClure of Catoosa, Kelly and ::Wavity of Walker: House Bill No. 364. A bill to amend the Highway Mileage Act so as to
add to map attached to said Act a road in Catoosa and "\Valker Counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Aultman of Peach: House Bill No. 368. A bill to authorize the fiscal authority in Counties
having a population of not less than 10,376 and not more than 10,386 to pay additional compensation not to exceed $30.00 per month, to the sheriff for automobile expense; to repeal conflicting laws; and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Kaigler of Quitman: House Bill No. 375. A bill to amend an Act entitled "Highway Mileage"
known as the Neill-Traylor Act; and for other purposes. Referred to Committee on Highways and Public Roads.
By Messrs. Smith and Smitha of Carroll: House Bill No. 408. A bill to establish a Hospital and Health Board for
Carroll County, to outline the powers and duties of the Board; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Inglis of Habersham: House Bill No. 413. A bill to amend an Act entitled "An Act to pro-
vide for holding four terms a year of the Superior Court of Habersham County;" and for other purposes.
Referred to Committee on Special Judiciary.
By ::Wessrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton: 0 House Bill No. 441. A bill to amend the pension system for Fulton
County Police to provide a pension for J. W. Ball, Sr.; and for other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Bowen of Pierce and Jones of Brantley: House Bill No. 446. A bill to amend an Act entitled "Highway Mileage"
as same appears in the Acts of 1929, so as to include on map attached to and incorporated in said Act entitled "Highway Mileage", a road leading from Blackshear, Georgia to a town known as Trudie, Georgia; and for other purposes.

572

JOURNAL OF THE SENATE,

Referrrd to Committee on Highways and Public Roads.
By Messrs. Bowen of Pierce, Bates and Williams of Ware: House Bill No. 453. A bill to amend an Act entitled "Highway Mileage"
by adding to the Traylor-Neill map a road leading from the City of Blackshear; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Foster of Towns, and Rich of Union: House Bill No. 459. A bill to amend and change the boundary lines
between Towns and Union Counties; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Davis of Coweta: House Bill No. 473. A bill to amend an Act relating to salaries of clerk
in lieu of fees approved March 2, 1933, by making the said Act applicable to counties on a basis of the 1930 census only; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Bynum of Rabun: House Bill No. 489. A bill to create two additional terms of the Superior
Court of Rabun County; to fix the Jurisdiction and duties of the Court; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 495. A bill to provide the dates of holding four terms of
the Superior Court of Chatham County, Georgia; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Boone of Wilkinson: House Bill No. 503. A bill to amend Section 39-1103 of the Georgia Code
of 1933 providing how and by whom the official organ shall be selected in all counties having a population of more than 11,022 and less than 11,027 inhabitants; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. McNall, Grayson ard Atkinson of Chatham: House Bill No. 507. A bill to amend the Highway Mileage Act, so as to
place Montgomery Street extension in Chatham County, on State Road System; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Mann of Whitfield: House Bill No. 510. A bill to change the method of compensating the
Ordinary in all counties in this State having a population of not less than 26,104 nor more than 26,106 inhabitants according to the United States Census of 1940; and for other purposes.

FRIDAY, MARCH 7, 1941

573

Referred to Committee on Counties and County Matters.
Senator Steed of the 43rd asked unanimous consent that House Bill No. 510 be withdrawn from the Committee on Counties and County Matters and recommitted to the Committee on State of Republic, and the consent was granted.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 556. A bill to amend the Acts incorporating the To,wn Qf
Savannah Beach formerly known as the Town of Tybee in Chatham County, Georgia; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Mann of Whitfield: House Bill No. 562. A bill to amend the charter of the City of Dalton;
and for other purposes. Referred to Committee on :\1unicipal Government.
Senator Steed of the 43rd asked unanimous consent that House Bill No. 562 be withdrawn from the Committee on Municipal Government and recommitted to the Committee on State of Republic, and the consent was granted.
By Mr. Gill of Bryan: House Bill No. 573. A bill to describe, define and officially name a sys-
tem of co-ordinates in dcsig'1ating the positions of points in the surface of the earth within Bryan County; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Gill of Bryan: House Bill No. 574. A bill to authorize Bryan County to pass zoning
and planning laws; and for other purposes. Referred to Committee on Counties and County Matters.
By :Mr. Moate of Hancock: House Bill No. 602. A bill to amend an Act known as "An Act to incor-
porate certain churches and campgrounds, and to appoint trustees for the same," and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton, Duna,way, Candler and Turner of DeKalb:
House Bill No. 625. A bill creating a highway authority for any county or counties in which may be situated a City having a population of more than 300,000; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Etheridge, Kendtick and Mrs. Mankin of Fulton: House Bill No. 627. A bill to amend an Act establishing a new charter
for the City of Atlanta approved February 28, 187 4, and the several Acts

574

JOURNAL OF THE SENATE,

amendatory thereof; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 629. A bill to amend the charter of the City of Columbus,
Muscogee County, Georgia, for the purpose of authorizing the Board of Managers of the City Hospital of said City to sell and transfer property; and for other purposes.
Referred to Committee on Municipal Government.
By Messt's. Elliott and Wohlwender of Muscogee: House Bill No. 630. A bill amending the charter of the City of Colum-
bus, Georgia, so as to empower said City to grant pensions and retirement benefits to officers and employees of said City, with certain exceptions and subject to certain conditions; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Elliott and W ohlwender of Muscogee: House Bill No. 631. A bill granting express authority to the City of
Columbus to erect and maintain a public passenger station, between the two roadways on Broadway between Eleventh Street and Twelth Street; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Elliott and Wholwender of Muscogee: House Bill No. 632. A bill authorizing the City of Columbus to incur
expenses in the lighting, heating or maintenance of a passenger station in the center of Broad Street, in front of the Rankin House in said City for the use of the general public, authorizing the City of Columbus to take possession of said building, operating and maintaining the same; and for other purposes.
Referred to Committee on Municipal Government.
By :\1essrs. Elliott and Wholwender of Muscogee: House Bill No. 633. A bill to regulate the salaries of stenographic re-
porters of the Superior Courts of all Judicial Circuits of this State in all counties having a population of not less than 50,000 or more than 55,000; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Gill of Bryan: House Bill No. 636. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Bryan; and for other purposes. Referred to Committee on Counties and County Matters.
By l\Iessrs. Smitha and Smith of Carroll: House Bill No. 642. A bill to amend an Act entitled an Act creating the
charter of the To\\'ll of Bowdon in Carroll County, Georgia; and for other purposes.

FRIDAY, MARCH 7, 1941

575

Referred to Committee on Municipal Government.
By Mr. Gill of Bryan: House Bill No. 644. A bill to create a Board of Commissioners of Roads
and Revenues for Bryan County, to define their powers and duties; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Heard of Elbert: House Bill No. 645. A bill to amend an Act incorporating the City of El-
berton, to authorize the Mayor and City Council of said City to enact zoning and planning- ordinances and to fix methods of zoning said City; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Dyal of Appling: House Bill No. 650. A bill to amend the charter of the City of Baxley;
and for other purposes. Referred to Committee on .::Vlunicipal Government.
By Mrs. Davis of Coweta: House Bill No. 651. A bill to amend an Act entitled an Act to create
a new charter for the City of Newnan, County of Coweta; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Hart of Thomas: House Resolution No. 46-259A. A resolution providing that the Ordinary
of Thomas County be furnished certain copies of the Georgia Supreme Court Reports; and for other purposes.
Referred to Committee on Public Library.
By Mr. Looper of Dawson: House Resolution No. 53-297B. A resolution authorizing the State Library
to furnish to the Clerk of the Superior Court of Dawson County, certain volumes of the Georgia reports; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Resolution No. 82-485A. A resolution authorizing Fulton County
to refund to Mobley and Lunsford the sum of $926.50 for a bond; and for other purposes.
Referred to Committee on Special Judiciary.
Under the order of unfinished business, the following bill of the Senate was taken up for consideration:
By Senator Edenfield of the. 4th: Senate Bill No. 168. A bill to provide for the appointment of a County

576

JOURNAL OF THE SENATE,

Director and other personel in the County Departments of Public Welfare; and for other purposes.
Senator Edenfield of the 4th asked unanimous consent that further consideration of Senate Bill No. 168 be postponed until next week, and the consent was granted.
The following bills and resolutions of the Senate were read the third time and put upon their passage:

By Senator Drake of the 8th: Senate Resolution No. 38-137A.
A RESOLUTION Submitting to the qualified voters of this State an amendment to the Constitution of Georgia providing for $3.00 per day to each member of the General Assembly as subsistence; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Paragraph 1 of Section 9 of Article 3 of the Consttiution of Georgia be and the same is hereby amended by adding at the end of said Section the following language, to-wit:
"In addition to said sums, each member shall receive three ($3.00) dollars per day for subsistence 'While in attendance upon meetings of the General Assembly."
So that Article 3, Section 9, Paragraph 1 of the Constitution of Georgia will read as follows:
"Paragraph 1. Compensation; per diem and mileage. The per diem of the members of the General Assembly shall not exceed seven dollars; and mileage shall not exceed ten cents for each mile traveled, by the nearest practicable route, in going to, and returning from, the Capital; but the President of the Senate and the Speaker of the House of Representatives, shall each receive not exceeding ten dollars per day. In addition to said sums, each member shall receive three ($3.00) dollars per day for subsistence while in attendance upon meetings of the General Assembly."
Section 2. When this amendment shall have been agreed to by twothirds of the membership of each House, and the "ayes" and "nays" thereon recorded in their respective jourY>als, it shall be published, submitted to the people, an election held thereon and the results thereof determined and declared in the manner provided in the Act approved March 24, 1939, (Georgia Laws 1939, pp. 305, 307).
Section 3. All laws or parts of laws in conflict here,with be and the same are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, :MARCH 7, 1941

577

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:

Bargeron Bradley Burnside Campbell Cannon Clark Coker Couch Daughtry Dobbs Drake Edenfield Edwards

Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Houston Kiker Kirkland Lanier

Those voting in the negative \Vcrc Senators:

Adams

Dorsey

Bland

Mason

Lewallen Martin :VIilhollin Mosley Odom Park Ragan Rowland Smith, 24th Steed Striplin Whaley
McGehee Sumner

Not voting were Senators: Almand, Barnhill, Coxon, Holt, Pilcher, Smith of 35th, and Wall.

By unanimous conse'1t, the verification of the roll call was dispensed 1\Vith.

On the adoption of t'te resolution, the ayes were 38, nays G.

The resolution, having received the requisite constitutional two-thirds majority, wa:,; adopted.

By :VIessrs. Clark of 44th, Fortson of 50th, Hill of 3Gth, Bradley of 13th, and Edenfield of 4th:
Senate Resolution I\o. 42-140C.
A RESOLUTION
Proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia by providing that R~venue Anticipation Obligations shall not be deemed debts of or to create debts against the political subdivision i~suing sue~ obligations; and for other purposes.

Be it resolved by the General Assembly of Georgia:

Section 1. That th_. General Assembly does hereby propose that Article 7, Section 7, Paragraph 1, of the Co,stitution of Georgia be amended by adding at the end thereof the following language:

"Provided, further, that revenue anticipation obligations issued by any county, municipal corporation, or political subdivision o~ this State to provide funds for the construction, in whole or in part, of any revenue-producing facility with such county, m~micipal corporation or political subdivision is authorized

578

JOURNAL OF THE SENATE,

by the Act of the General Assembly approved March 31, 1937, kno\YTI as the "Revenue Certificate Law of 1D:37," as amended, to construct and operate, or to extend or improve any such cxi~ting facility, and payable solely from revenue produced by such revenue-producing facilities, shall not be deemed tlebts of, or to create debts against, the issuing political sub-division within the meaning of this paragraph or any other of this Constitution: Provided, however, that no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of such revenue-anticipation obligations or any part thereof."
Section 2. That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their Journals \\ ith the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1D3\l.
The committee offered the following substitute which was adopted:
Substitute for Senate Re:;olution No. 42-1-!0C.
A RESOLUTION
Proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political subdivision issuing such 6bligations; and for othc:r purposes.
Be it resolved by the Gc'!eral Assembly of Georgia:
Section 1. That the General Assembly doc:> hereby propose that Article 7, Section 7, Paragmph 1, of the Constitution of Georgia be amended by adding at the end thereof the ,'ollowing language:
"Provided, further, that revenue anticipation obligations isst:ed by any county, municipal corponttio'l, or political subdivision of this State to provide funds for the constl'Uction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is au-
thorized by the Act of the General As~embly approved '\larch :n, 1D37, known
as the 'Re\enue Certificate Law of 1D:l7,' as amcn~ied by the Act approved :;vrarch 14, 1D39, to construct and operate, Ol' to extend or improve an~ such existing facilit~. and payable solely from revenue produced by such revenueproducing facilities, shall not be deemed debts of, or to create debts against, the issuing political sabJivision \\ ithin the meaning of this paragraph or any other of this Constitution. This provisio shall apply only to revenue anticipation obligations issued to provide funds for the construction, extension or improvement of such facilities and undertakings as are specifically authori7.ed and cnumemted by said Act of 1D:37, as amended by said Ad of 1!J:3!l; and no such issuing political subdivi:;io'l of the State shall exercise the powet of tax-
ation for the purpose or paying the principal or interest of any such revenue
anticipation obligations or any part thPI'Pof."

FRIDAY, MARCH 7, 1941

579

Section 2. That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assrnbly, the same shall be entered on their Journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed.

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:

Adams Bargeron Bradley Burnside Campbell Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake Edenfield Edwards

Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Houston Kiker Kirkland Lanier

Lewallen Martin Mason McGehee l\1 ilhollin Mosley Odom Park Ragan Rowland Smith, 24th Steed Striplin Sumner Whaley

Not voting were Senators: Almand, Barnhill, Bland, Coxon, Holt, Pilcher, Smith of :35th, and Wall.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes 1Yere 43, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted by substitute.
By Senator Fortson of the 50th: Senate Resolution No. 43-144A. A resolution by the Senate, the House
of Representatives concurring, authorizing and directing the State Highway Department to make to the Commissioners of Roads and Revenues of Wilkes County such restitution as may be authorized under the laws of this State and the policies of the Highway Board; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes 'Were 37, nays 0.

580

JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional majority, was adopted.
Se:ator Cannon of the 40th asked unanimous consent that Senate Resolution No. 42-14UC be immediately transmitted to the House, and the consent was granted.
Senator Fortson of the 50th asked unanimous consent that Senate Resolution No. 4:l-144A be immediately transmitted to the House, and the consent was granted.
By Senator Campbell of the :14th: Senate Bill No. 12G. A bill to amend Chapter 93-15 of the Code relating
to the law appertaining to the State Highway Department, by providing authority for 'aid depart:nent to curb and pave, at its option and discretion, sidewalks adjacent to state highways; and for other purposes.
The report of the committee, which \HIS 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 Scnators Smith of the 24th and Couch of the 52nd: Senat<' Bill No. 104. A bill to amend Section 84-1404 of the Code re-
lating to the creation of the Georgia Real Estate Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SPnator \\'all of the 28th moved that when the Senate adjourns today, it stand adjourned until 11 :15 o'clock l\ionday morning, and the motion prevailed.
Senator Coxon of the 2nd was granted leav<' of absence for two days due to illms><.
ThP hour or adjournment having arrived, the President announced the Senate adjourned u1til l\ionday morning at 11 :15 o'clock.

MONDAY, MARCH 10, 1941

581

Senate Chamber, Atlanta, Georgia, Monday, March 10, HJ41.

The Senate met pursuant to adjournment at 11 :15 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. Lester Rumble, Pastor of St. :\larks Methodist Church of Atlanta.
By unanimous co~1sent, the call of the roll was dispensed with.
By unanimous consent, Senator Barnhill of the 5th was granted leave of absence for today due to important business.
Senator Odom of the 9th, Vice-Chairman of the Committee on Journals, reported that the Journal of Friday's session had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
That the calendar for today be set as follows:
1. Local uncontested bills and resolutions.
2. Senate Bills Nos. 176, 14!1, 150, 151, 158, 122, 123; Senate Resolution. No. 37-136A; Senate Bills Nos. 137, 38, 142; Senate Resolution No. 57-1!J5A; House Bills Nos. 47, 38 and 39.
3. All routine committee reports and reading bills second time, first reading and reference, to precede this order of business.
Respectfully sllhmitted, Edeni'ield of 4th district, vice-chairman.
The report of the Committee on Rules was adopted and the same was established as the order of business for today.
The folio\\ ing message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:

582

JOURNAL OF THE SENATE,

By Mr. Heard of Elbert: House Bill No. 557. A bill to be entitled an Act to rN]Uire the County
School Superintendent of Elbert County to publish annually a statement of collections and disbursements, and for other purposes.
By Mr. Phillips of Columbia: House Bill No. 565. 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 Columbia; and for other purposes.
By Mr. Kennedy of Tattnall: House Bill No. 571. A bill to be entitled an Act to reduce the official
bond of the Sheriff of Tattnall County; and for other purposes.
By Mr. Smiley of Liberty: House Bill No. 575. A bill to be entitled an Act to grant authority to
the Commissioners of Roads and Revenue of Liberty County to provide for zoning and planning; and for other purposes.
By Mr. Mcintosh of Mcintosh: House Bill No. 589. A bill to be entitled an Act to amend an Act to
establish the City Court of Darien; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 597. A bill to be entitled an Act to repeal an Act en-
titled an Act to creat a Board of Commissioners of Roads and Revenue for the County of Johnson, and for other purposes.
By :VIr. Rowland of Johnson: House Bill No. 598. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenue for the County of Johnson, and for other purposes.
By Mr. Southwell of Charlton: House Bill No. 622. A bill to be entitled an Act to amend an Act creating
a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes.
By Mr. Strickland of Haralson: House Bill No. 624. A bill to be entitled an Act to amend an Act fixing
the salary of the treasurer of Haralson County; and for other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 641. A bill to be entitled an Act to create the office of
County Custodian for Jeff Davis County; and for other purposes.
By Mr. Kennedy of Tattnall: House Bill No. 648. A bill to be entitled an Act to amend an Act cre-
ating a Board of Commissioners of Roads and Revenues for the County of

MONDAY, MARCH 10, Hl41

583

Tattnall; and for other purposes.
By :VIt. Taft of Atkinson: House Bill ~o. (););3. A bill to be entitled an Act to repeal an Act en-
titled "An Act to create the office of Commissioner of Roads and Revenues of Atkinson County." and for other purposes.
By Mr. Taft of Atkinson: Hous" Bill No. ():)4. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for Atkinson County; and for other purposes.
By ::VIessrs. Smith and Smitha of Carroll: House Bill No. G78. A bill to be entitled an Act to authorize the Town of
Bowden to enact zoning ordinances; and for other purposes.
By Messrs. Candler, Turner and Dunaway of DeKalb: House Bill Xo. ()18. A bill to be enti~led an Act anwnding an Act em-
powering the authorities of the City of Decatur, to make rpgulations regarding zoning and planning laws; and for other purposes.
By Messrs. Grice, Bloodworth and weaver of Bibb: House Bill K o. 7 3. A bill to be entitlPd an Act to ratify, approve and con-
firm an executive order and proclamation issued by the Governor on April 5, 1!ltO, suspending the collection of certain taxPs; and for other purposes.
By :VIcssrs. Greene of .Jones and Goolsby of :\fonroe: House Bill Ko. 3.~R. A bill to be entitkd an Act to amend the Highway
Mileage Act and to add to map thereto attached a road in .JonPs and Monroe County, and for other purposes.
By Senator Franklin of the 38th: Senate Bill K o. 171. A bill to amend an Act of the General Assembly
of Georgia creating a new charter for the City of Rockmart in the County of Polk, so as to enlarge and extend the corporate limits of the City of Rockmart; and for other purposes.
The following privileged resolutions were rer,d and adopted:
By Senator Drake of the 8th: A resolution extending the privileges of thP floor to the Hon. Robert I.
Evans, Mayor of Donalsonville, Georgia.
By Senator Couch of the 52nd: A resolution extending the privileges of the floor to the Hon. \V. E. Young,
distinguishetl banker and citizen of Thomasville, Georgia.
By Senators Clark of the 44th and Kirkland of the 49th:
A resolution extending the privileges of the floor to Mr. and Mrs. T. J.
Braswell, distinguished citizens of Emanuel County.

584

JOURNAL OF THE SENATE,

By Srnator Edenfield of the 4th: Whereas, the time for the annual Red Cross roll call is rapidly ap-
proaching, and
\Vhereas, it is more important this year than evrr before that the response to this appeal by the Red Cross be successful, and
\Vhereas, the Honorable Wendell Willkie has but rec;;ntly retumed from a visit to a country overseas where the Red Cross is particularly active at this time, and
\Vhereas, it would tremendously stimulate interest in the coming Red Cross roll call if present conditions in Great Britain could be presented to us by an eye witness;
Now therefore be it resolved, that the State Senate of Georgia, along with many civic organizations in Atlanta, go on record as extending to the Honorable Wendell Willkie a cordial invitation to visit the State of Georgia during the time of the 1!141 Red Cross roll call.
By Senator Edenfield of the 4th: A RESOLUTION
Whereas, the three sons of our distinguished Senator from the 46th district, Senator Milhollin, J. H. Jr., Ray, and Henry Milhollin, are visitors at the Capitol,
Therefore be it resolved, that they be given the privileges of the f'loor during their stay in the City of Atlanta.
The following bills were introduced, read the first time, and referred to
committees:
By Senators Pilcher of the 7th, and Houston of the 51st: Senate Bill No. 1!J8. A bill tn define as legal investments for eertain
fiduciaries, money not exceeding ~5,000.00 deposited in an interest bearing account in any bank, or other institution of deposit where deposits are insured by Federal Deposit lm;urance Corporation; to make ><uch fiducial'i<H accountable only for such interest as is actually earned on such investments; and for other purposes.

By Senators Coker of the 39th, and Cannon of the 40th: Senate Bill No. 1!J9. A bill to regulate the sale of group hospitalization
insurance contracts; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 200. A bill to amend an Act approved March 19, 1937,
creating a Depat'tment of Public Safcty, by providing that the Commissioner may, within the limit of the appropriations and subject to the approval of the

MONDAY, MARCH 10, 1941

585

Department of Public Safety, pay the premiums for group life, accident and
hospitalization insurance contracts, policies or certificates issued to members of the uniform divio:ion; and for oth~r purposes.

By Senator Dorsey of the 32ncl:
Senate Bill l'\o. 201. A bill to create a Board of County Commissioners of Roads and Revenues for the County of White; and for other purposes.

By Senator Sumner of the 1Oth:
Senate Bill l'\o. 202. A bill to define th~ ,word "Dairy" as used in the Statutes oZ this State; and for other purposes.

By Senators Campbell of the :14th, Smith of the 35th, Coxon of the 2nd, Coker of the 3!lth, Stliplin of the :l7th, and Harrison of the 23rd:
Senate Bill No. 203. A bill to provide the right of eminent domain to all corporatio1s for the purpose of carrying out any projects declared by the Presic!ent of the United States or the Secretary of iVar or the Secretary of thP Navy to be of importance in connection with national defense; and for other purposes.

By Senator Couch of the 52nd:
Senate Bill No. 204. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 187 4, and the several Acts amendatory thereof; and for other purposes.

By Senator Couch of the 52nd: Senate Bill l'\o. 205. A bill to provide for the recall of county commis-
sioners in Georgia in counties having a populatio1 of 200,000 or more by the last or any future census of the United States; to provide for recall elections; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 206. A bill to amend the charter of the City of Covington
app1oved Augw;t 1 G', 1H18, and the amendatory Acts thereto; to provide for a commissio'1 form of Government composed of three commissioners and a City }fanager in lieu of the present form of government by :\fayor and Council; and i'or other purposes.
Referred to Committee on Municipal Government.
By Senator Campbell of thL' 34th: Senate Bill No. 207. A bill to amend an Act incorporating the City of
Covington approved August 16, 1918, and the several Acts amendatory

586

JOURNAL OF THE SENATE,

thereof; and for other purposes. Referred to Committee on Municip!ll Gov<'rnm<'nt.
::\ir. Drak<' of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County :VIatters have had under consideration the following bills of the House and have instructed me as Chairman, to repott the sam<' back to the Senate with the following recommendations:
House Bill No. 574. Do pass.
House Bill No. 636. Do pass.
House Bill No. 644. Do pass.
Respectfully submitted, Drake of 8th dh;trict, chairman.
Mr. DTake of tht: 8th District, Chairman of the Committt:e on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County :vlatters have had under consideration the following hill of the House and have instructed me as Chairman, to report tht: sanw back to the Senate with the following recommendations:
Houst: Bill No. 340. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government have had under comdderation the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 443. Do pass.
Respectfully submitted, Daughtry of 21st disbict, chairman.
Mr. Drake of the 8th District, Chairman of tht 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,

MONDAY, MARCH 10, 1941

587

to report th<> sanw back to the Senate with th<> followinp; recommendations:
House Bill No. 4i0. Do pass.
House Bill No. 4i 1. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to thP Constitution, submitted the following n:port:
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 rpcommendations:
Senate Bill No. 112. Do pass by Substitute No. 2.
Respectfully submitted, Holt of 42nd district, chairman.
:.vir. Drak<> of the 8th District, Chairman of the Committee on Counties and County MattPrs, submitted thp following rC'port:
Mr. Pr<>sident:
Your Committee on Counti<>s and County Matters have had under consideration the following bill of the Ilous<> and have instructed me as Chairman, to r<>port the same back to the Senate with the following recommendations:
House Bill No. 408. Do pass.
Respectfully submitted, Drake of the 8th district, chairman.
. Mr. Steed of the 43rd 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 hav<> instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 41 :l. Do pass.
House Bill No. 489. Do pass.
House Bill No. 3:39. Do pass. House Bill No. 459. Do pass.

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JOURNAL OF THE SENATE,

Respectfully submitted, Steed ol' 43nl district, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills and resolutions of the Senate and have instructed me as Chairman, to report thl' same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 104.
Senate Bill No. 126.
Senate Bill No. 182.
Senate Bill No. 187.
Senate Resolution No. 38-137 A.
Senate Resolution No. 42-140C.
Senate Resolution No. '13-144A.
Senate Resolution No. 51-185A.
Respectfully submitted, Hill of 36th district, chairman.
The following bills of the House, favorably reported by the committees, were read the second time:
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 340. 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, and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond: House Bill No. 339. A bill to amend an Act entitled "An Act to change
from the fee to the salary system in certain counties in Georgia;" and for other purposes.
By Mt. Inglis of Habersham: House Bill No. 413. A bill to amend an Act entitled "An Act to pro-
vide for holding four terms a year of the Superior Court of Habersham County;" and for other purposes.
By :.Wrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 443. A bill to amend an Act establishing a charter for
the City of Atlanta; and for other purposes.

MONDAY, MARCH 10, 1941

589

By Messrs. Foster of Towns and Rich of Union: House Bill No. 459. A bill to amend and change the boundary lines be-
tween Towns and Union Counties; and for other purposes.
By Mr. wren of Glascock: House Bill No. 4 70. A bill to amend an Act entitled an Act to create a
Board of Commissioners of Roads and Revenues in and for the County of Glascock by authorizing necessary traveling expenses and authorizing Commissioners to be employed and paid as County employees; and for other purposes.
By Mr. Wren of Glascock: House Bill No. 471. A bill to repeal an Act entitled an Act to amend an
Act creating a Board of Commissioners of Roads and Revenues of Glascock County relating to nepotism and restriction on compensation; and for other purposes.
By Mr. Bynum of Rabun: House Bill No. 48!J. A bill to create two additional terms of the Superior
Court of Rabu1 County; to fix the jurisdiction and duties of the court; and for other purposes.
By ;\fr. Gill of Bryan: House Bill No. 574. A bill to authorize Bryan County to pass zoning and
planning laws, ancl for other purposes.
By Mr. Gill of Bryan: House Bill No. 636. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Bryan; and for other purposes.
By Messrs. Smith a'ld Smitha of Carroll: Hom:e Bill No. 408. A bill to establish a Hospital and Health Board for
Carroll County; and for other purposes.
By Mr. Gill of Bryan: House Bill No. 644. A bill to create a Board of Commissioners of Roads
and Revenues for Bryan County; and for other purposes.
The following bills of the Senate and House were read the third time and put upon their passage:
By Senators Drake of the 8th, and Coker of the 39th: Senate Bill No. 176. A bill to amend Section 68-502 of the Code, de-
fi,ing certain terms used in Chapter 68-5 of said Code and providing certain exemptions not to be included under the term "motor-carrier"; 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 Senators Hedwine of the 2Gth and Edwards of the Gth: Senate Bill No. 14U. A bill to amend an Act fixing the compensation
of members of county boards 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator RLdwine of the 2Glh: Senate Bill No. 150. A bill to amend an Act to create a Department of
Public Safety; and for other purpon~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 :30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Lanier of the 18th: Senate Bill No. 1i) I. A bill to amend Section 78-21 G of the Code, relating
to the amount and manner of payment of pensions to Confederate soldiers; and for other purposes.
The report 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 Dorsey of the 21st: Senate Bill No. 18G. A bill to amend an Act incorporating the Tuwn of
Mcintyre; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By SLnator Kiker of the 41st: Senate Bill 1\o. 190. A bill to incorporate the City of East Ellijay; and
for other purposes.
The nport of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 10, 1941

591

On the passage of the bill, the ayes were 40, nays 0.
The bill, having receiveu the requisite constitutional majority, was passed.
By Senator Kiker of the 41st: Senate Bill No. 1!J 1. A bill to incorporate the City of Ellijay; 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 '\\ere 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :\'Irs. Mankin, JV!c,;srs. Etheridge and Kendrick of Fulton: House Bill No. 442. A bill to amend an Act establishing a new charter
for the City of Atlanta, relative to sick leave for employees of the police 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 40, nays 0.
The bill, having recciVLd the requisite constitutional majority, was passed.
By Mr. \\'alker of Grady: House Bill No. 480. A bill to amend a charter of the City of Cairo; and
for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, 11ays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson, and :VIcNaul of Chatham: House Bill No. GOR. A bill to create a mw municipality in Chatham
County to be known as Garden City; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \\as agreed to.
On the pas;:ag~ of the bill, the ayes were 40, nays 0.
The bill, having received the reql;isite constitutional majority, was passed.
By Mes~rs. \Veaver, Grice, and Bloodworth of Bibb: House Bill No. i);lO. A bill to convey title to certain streets and alleys,
and to close and otherwise exert authority over certain streets and alleys in the City of :\lacon and for other purposes.
Senator Dobbs of the 22nd offered the following substitute which was

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JOURNAL OF THE SENATE,

adopted: AN ACT
To provide for and direct the conveyance of title to certain streets and alleys; to provide for the vacating and closing of certain streets and alleys; to provide for the granting of certain encroac~1ments; a'd to provide for the ratii"ication of the action of the City of Macon in closing and vacating certain streets and alleys and in granting certain encroac~me ts; all said streets and alleys being within and said encroachments being adjacent to project areas acquired in Bibb County by the Housing Authority of the City of .Ylacon, Georgia; and for other purposes.
Section 1. Be it e"lacted by the General Assembly of the State of Georgia, and it is hereby enacted by aut~ority of the same, that the action of the Mayor and Council of the City of }iacon, as shown by the minutes of its regular meeting on the 2!Jth day of August, 1!J:HJ, vacating, closing and abandoning the followig streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratifitcd and confirmed as fo!lo-_.s, to-wit:
Curd Street and Henrietta Street between Nussbaum Avenue and Alabama Avenue;
Tindall Avenue and Campbell Av~nue between Elizabeth Street a"lcl Plant Street;
And all alleys bounded by Plant Street on the sout~west, Alabama Avenue on the north 11 est, Elizabeth Street on the northeast and Nussbaum Avenue on the southeast;
And said streets and alleys are hereby vacated, closed and abandoned.
Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by aclthority of t'-le same, that the action of the Mayor and Cocncil of the City of !\'lacon, as s'-lown by the minutes of its regular meeting on the 15th day of August, 1!Jil!J, vacating, closing and abandoning the following s~reets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and con~inned as follows, to-wit:
Ross Street between Oglethorpe Street and Hazel Stre:ct; and
Woods Alley between Oglethorpe Street anJ Hazel Stre~t;
And said street and alley are hereby vacated, closed and abandoned.
Section :3. Be it further enacted by the General As,.embly of the State of Georgia, a'1d it is hereby enacted by authority of the same, that the action of the l\1ayor and Council of the City of !\lacon, as shown by the minutes of its regl!lar meeting on he 18th day of February, 1!!41, vacating, closing and abandoning the follo-11 ing stre'cts and alkys within the corporate limits of the City ol' Macon, be ard the same is hereby ratified and confirmed as follows, to-wit:
Third Street from the southerly side of DeBorde Street to Whitehead

MONDAY, MARCH 10, 1941

593

Street;
Whitehead Street from the westerly side of Broadway to the easterly side of Cedar Street and Cedat Lane;
Mary Street between Daisy Street and College Drive;
Daisy Street from the northerly side of Plant Street to a point on Daisy Street which would be fixed by extending the northerly side of Elizabeth Street so that it would intersect with Daisy Street; and
So much of that alley which extends between College Drive and Daisy Street in a direction approximately parallel with said streets as lies north of Plant Street and south of a line representing an extension of the northerly side of Elizabeth Street across said alley;
And said streets and alley are hereby vacated, closed and abandoned.
Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by its encroachment deed dated the 2Dth day of August, 1D39, and recot'ded in the office of the Clerk of the Superior Court of Bibb County in Book 468, page 586, conveying to the Housing authority of the City of Macon, Georgia, the encroachments therein described into Oglethorpe Street, Calhoun Street and Hazel Street, all in the City of Macon, be and the same is hereby ratified and confirmed; and said encroachments are hereby granted and conveyed to said Housing Authority of the City of Macon, Georgia.
Section 5. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all of the right, title and interest which the State of Georgia owns or holds to the area within those portions of Ross Street and Woods Alley within the City of :Macon vacated, closed and abandoned by action of the Mayor and Council of the City of Macon, and herein ratified and confirmed, be and the same is granted, bargained, sold and conveyed unto the said Housi".g Authority of the City of Macon, Georgia, its successors an assigns, in fee simple, to"wit:
All that portion of Ross Street in the City of Macon, Bibb County, Georgia, between Oglethorpe Street and Hazel Street; and
All that portion of Woods Alley in the City of Macon between Oglethorpe Street and Hazel Street.
Section 6. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Macon be, and hereby is, authorized and directed to execute and deliver to the said Housing Authority of the City of Macon, Georgia, its deed of conveyance, without consideration, conveying to the said Housing Authority of the City of Macon, Georgia, all of the right, title and interest which the State of Georgia or the City of Macon owns or holds in and to said described portions of Ross Street and Woods Alley, hereby ratifying and confirming all that the Mayor and Council of the City of Macon

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JOURNAL OF THE SENATE,

may do pursuant hereto, in as full and ample a manner as if the same were done by the State of Georgia under its Great SeaL
Section 7. Nothing herein contained shall operate to affect any right of action for damages which any person or pet'SO'ls may have by reason of any acts of the Mayor and Council of the City of Macon herein ratified and confirmed; nor shall this Section, or anything herein contained, operate as a declaration or recognition of any such right of action.
Section 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the blll, was agTeed to by substitute.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitue.

By Messrs. Smith and Smitha of Carroll: House Bill No. 564. A bill to amend, revise, and provide for a new charter
under the corporate name of "City of Villa Rica, Georgia"; and for other purpo!'es.
The report 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. Ferguson and Suggs of Sumter: House Bill No. 578. A bill to amend an Act to amend, revise. and consol-
idate the several Acts granting corporate authority to the City of Americus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Joiner of Cook: House Bill No. 585. A bill to amend an Act to incorporate the City of
Adel; and for other purposes.
The report 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,

.

MONDAY, MARCH 10, 1941

595

The bill, having received the requisite constitutional majority, was passed.
By Mr. Mcintosh of Mcintosh: House Bill No. 588. A bill to amend an Act to provide a new charter for
the City of Darien; and for other purposes.
The report 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. Barlow and Barber of Colquitt: House Bill No. 590. A bill to amend an Act to incorporate the Town of
Riverdale; and for other purposes.
The report 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 :.VIr. Mcintosh of :\1clntosh: House Bill No. 609. A bill to authorize the City of Darien to close parts
of streets within 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McGehee of the 25th moved that the Senate adjourn at 12:30 o'clock and reconvene at two o'clock for an afteni.oon session, and the motion prevailed.
Senator Lanier of the 18th gave notice that at the proper time he would move that the Senate reconsider its action in passing Senate Bill No. .149.
The hour of adjournment having arrived, the President announced the Senate adjourned until this afternoon at 2 :00 o'clock.
The Senate met pursuant to adjournment this afternoon at 2:00 o'clock and was called to order by the President.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Senators Edenfield of the 4th, Guyton of the 1st, and Coxon of the 2nd: Senate Bill No. 158. A bill to amend Section 45-812 of the Code, relat-
ing to the taxation of distributors or dealers in oysters, shrimp, prawn ;md crab; and for other purposes.

596

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Edenfield of the 4th: Senate Resolution No. 37-136A. A resolution memorializing the Georgia
Congressional Delegation to use their best efforts to secure enactment of legislation declaring as navigable only those rivers and streams which are navigable, and that rivers and streams not navigable in fact be declared by statute; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Senator Couch of the 52nd: Senate Bill No. 137. A bill to amend Chapter 32-25 of the Code, authoriz-
ing County Commissioners or Ordinaries to carry on schools for instruction of adult illiterates; and for other purposes.
The report 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 Senators Campbell of the 34th and Couch of the 52nd: Senate Bill No. 122. A bill to amend Section 26-6301 of the Code so as
to include possession, lending, or transportation of any indecent or obscene pictures or literature or articles of indecent and obscene use; and for other purposes.
The report 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 Senators Edenfield of the 4th, Milhollin of the 46th, and Steed of the 43Id: Senate Bill No. 123. A bill to amend Section 47-101 of the Code relating
to the apportionment of members of the House of Representatives; and for other purposes.
The report of the committee, which w:;ts favorable to the passage of th~ bill, was agreed to.

MONDAY, MARCH 10, 1941

597

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 138. A bill to amend Section 32-2401 of the Code relat-
ing to the powers and duties of the State Board of Education with respect to adult illiteracy; and for other purposes.
The report 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 Senators Coker of the 39th, Edenfield of the 4th, Campbell of the 34th, and Couch of the 52nd:
Senate Bill No. 142. A bill to provide for the sale and distribution of hunting and fishing licenses by the Ordinaries of the various counties of this State; and for other purposes.
Senators Campbell of the 34th, Coker of the 39th, and Edenfield of the 4th offered the following substitute:
A BILL To be entitled an Act to provide for the sale and distribution of hunting and fishing licenses by some county officer in each county in the State to be designated by the Director of the Division of Wild Life; to provide that the Director of the Division of Wild Life shall have the authority to appoint some person or persons in counties over 50,000 population to sell and issue licenses; to provide compensation for the issuance of licenses; to provide for the furnishing of application and license forms; to provide for the enforcement of this Act and other penal provisions of the statutes of this State relating to illegal hunting or fishing without a license; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. From and after the passage and approval of this Act all hunting and fishing licenses shall be issued and sold by some selected county officer in each county who is designated by the Director e~f the Division of Wild Life of the Department of Natural Resources. In eounties of a population of more than 50,000, the Director of the Division of Wild Life is authorized to appoint any person or persons to issue and sell said licenses and all fees as now prescribed by law for the issuance and sale of such licenses shall be collected by those designated by the Director of the Division of Wild Life.
Section 2. No license shall be issued except upon the written application of the person seeking to obtain the same, and said application and license, when issued, shall contain a full and complete description of the person to whom issued, as well as the legal residence and address of the person to whom issued; and no license shall be issued until the applicant therefor has paid to

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JOURNAL OF THE SENATE,

the issuing authority the full fee provided by law. The Director of the Division of Wild Life shall, on or before January 1st of each year, furnish to the county officer designated or person selected to issue licenses in the various Counties, such number of application blanks and license forms as may be deemed necessary.
Section 3. The county officer or person designated to issue said licenses shalL keep a duplicate of each application for a license filed with him, and a duplicate of each license issued by him, and shall forward one copy of each application and each license issued by him to the Director of the Division of Wild Life. The officer or person designated to issue and sell licenses shall also keep an accurate and complete monthly record of the name and address -of each person to whom a license has been issued and the fee collected therefor, and at the end of each month, or within ten days thereafter, shall forward a copy of said record to the Director of the Division of Wild Life, together with copies of the licenses issued during said preceding month, and shall at the same time remit all monies collected by him for said licenses, after first deducting ten per cent. as compensation for his services.
Section 4. Any person who shall hunt or fish in this State without first obtaining a license from the issuing authority shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as now provided by law in Code Section 27-2605. It shall be the duty of the rangers, officers of agents of the Division of Wild Life to enforce the penal provisions of this statute, and to investigate, apprehend and prosecute all persons who are found hunting or fishing without a license as required herein or in any manner violating the laws of this State relating to hunting and fishing.
Section 5. All laws or parts of laws in conflict with this Act are hereby repealed.
Senator Campbell of the 34th offered the following amendment to the substitute which was adopted:
Moves to amend substitute for Senate Bill No. 142 as follows:
By inserting in line two of Section 4 after the word "license", the following: "as now provided by law".
The substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Campbell of the 34th asked unanimous consent that Senate Bill No. 142 be immediately transmitted to the House, and the consent was granted.

MONDAY, MARCH 10, 1941

599

By Mr. Anglin of Stewart: House Bill No. 47. A bill to amend Section 34-1302 of the Code by pro-
viding for a method to effect a change of the hours for opening and closing the polls for elections in certain precincts; and for other purposes.
The report 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 Lanier of the 18th moved that the Senate reconsider its action in passing Senate Bill No. 149, and the motion prevailed.
Senator Lanier of the 18th offered the following amendment which was adopted:
Lanier of the 18th moves to amend Senate Bill No. 149 as follows:
By amending the caption of said Bill by changing the period after the word "educator" to a coma, and adding the words "with the exception of the Richmond County Board of Education", and by amending the body of the bill by adding after the last paragraph of the bill a new paragraph to read as follows:
Provided, however, nothing herein before provided shall apply to any member or official now or hereafter of the Richmond County Board of Education, and provided further that the Act appearing in the Georgia Laws of 1937, pages 1408 and 140\J, entitled An Act to ame!ld an Act entitled: "An Act to amend an Act to regulate public instruction in the County of Richmond, approved August 23, 1872, so as to reduce the number of members of the county board of education so that it will consist of two representatives from each ward in the City of Augusta and one representative from each Militia District located wholly or in part without the limits of the City of Augusta; to prescribe the qualifications and terms of office of the members of said board of education, and the time and manner of their election; to put the control of the expenditures of all funds of the said board into the board as a whole; to provide for the method of determining the length of school terms in rural schools; to terminate the tenure of office of certain of the present members of the board of education on the second Saturday of January 1930; to prescribe the powers and duties of said board, and for other purposes," approved July 22, 1929, so as to refix the salary of the president of said board and to fix the salary of the vice-president of said board, and so as to refix the per diem of each member of said board exclusive of the president and vice-president thereof and to limit the amount each of such members of said board shall receive annually as a member of said board, and in so doing to strike from said amendatory Act, Section 7 thereof, and insert in lieu thereof another Section 7; and for other purposes"; is not repealed and is no way affected.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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JOURNAL OF THE SENATE,

On tae passage of the bill, the ayes were 8, nays 2!5.
The bill, having failed to receive the requisite constitutional majority, was lost.
By Messrs. Bloodworth, Grice, and Weaver of Bibb: House Bill No. 38. A bill to amend Section 113-1018 of the Code pro-
viding for distribution in kind of estates; 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 3G, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. 'Veaver, Grice, and Bloodworth of Bibb: House Bill No. 30. A bill providing for the allowance to administrators
and executors of compensation for delivering over property in kind; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Lanier of the 18th: Senate Bill No. 134. A bill to amend Section 113-140fl of the Code of
Georgia of 1033, relating to the filing of annual returns by administrators and executors; and for other purposes.
The report of 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 Houston of the 51st: Senate Resolution No. 52-1 !l2A. A resolution proposing an amendment
to Article G. Section 2, Paragraph 1, of the Constitution, so as to provide that the successors of present and subsequent incumbents in the office of SolicitorGeneral shall be elected by the electors of their respective judicial circuits; and for other purposes.
Senator Campbell of the 34th asked unanimous consent that further action on Senate Resolution No. 52-1D2A be postponed.
Senator Houston of the 51st objected.
Senator Drake of the 8th moved that the Senate do now adjourn.

MONDAY, MARCH 10, 1941

601

Senator Drake of the 8th withdrew the motion to adjourn.
The following communication was read:
United States Department of the Interior Bureau of Mines Washington
:Mr. Lindley \V. Camp, Secretary, Georgia State Senate, Atlanta, Georgia.
Dear Mr. Camp: The copy of the resolution S. R. 57-195A, introduced by Senator Odom,
which you sent to the Secretary of the Interior, has been referred by him to the Bureau of Mines for acknowledgment.
A number of surveys and investigations of minerals and products obtainable from the minerals of Georgia have been conducted by the U. S. Geological Survey and the Bureau of Mines, and I assure you the Department of the Interior will continue to be helpful in every way practicable.
Sincerely yours, R. R. Sayers, Director.
The following resolution of the Senate was read the second time and adopted:
By Senator Odom of the 9th: A resolution requesting Secretary of the Interior to authorize the United
States Bureau of Mines to conduct a geological survey in the Second Congressional District of Georgia; aHI for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Grice, Bloodworth, and Weaver of Bibb: House Bill No. 73. A bill to ratify, approve and confirm an executive
order and proclamation issued by the Governor on April 5, 1940, suspending the collection of certain taxes; and for other purposes.
Referred' to Committee on Finance.
By Messrs. Greene of Jones, Goolsby of Monroe: House Bill No. 358. A bill to amend an Act approved August 20, 1929
designating Highway Mileage by adding additional mileage in Jones and Monroe Counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Heard of Elbert: House Bill No. 5 57. A bill to require the county school superintendent
of Elbert County to publish annually a statement of monies collected and disbursed through his office, to repeal conflicting laws; and for other purposes.

602

JOURNAL OF THE SENATE,

Referred to Committee on Education and Public Schools No. 1.
By Mr. Phillip of Columbia: House Bill No. 565. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Columbia; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Kennedy of Tattnall: House Bill No. 571. A bill to reduce the official bond of the sheriff of
Tattnall County to $5,000.00; to repeal all conflicting laws; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Smiley of Liberty: House Bill No. 575. A bill to grant the Commissioner of Roads and Rev-
enues of Liberty County the authority to provide for zoning and planning; and for other purposes.
Referred to Committee on Counti(:S and County Matters.
By Mr. Mcintosh of Mcintosh: House Bill No. 589. A bill to amend an Act to establish the City Court of
Darien, in the County of Mcintosh, to define its jurisdiction and powers; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Rowland of Johnson: House Bill No. 597. A bill to repeal an Act entitled an Act to create
a Board of Commissioners of Roads and Revenues for the County of Johnson; to provide manner of their election; to define their duties and powers; and for other purposes.
Referred to Committee on Counties and County "Matters.
By ~VIr. Rowland of Johnson: House Bill No. 598. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Johnson; and for other purposes. Referred to Committee on Counties and County Matters.
By Messrs. Candler, Turner and Dunaway of DeKalb: House Bill No. 6'18. A bill amending an Act empowering the governing
authorities of the City of Decatur in DeKalb County to make regulations regarding zoning and city planning, by providing for the appointment of planning board; and for other purposes.
Referred to Committee on Municipal Government.
By ~Vh-. Southwell of Charlton: House Bill No. 622. A bill to amend "An Act of the General Assembly
of the State of Georgia, creatil.g a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia", approved August

MONDAY, MARCH 10, 1941

603

4, 1927 (Ga. Laws 1027 pp. 529-540 inc.), to provide for an additional road district and additional board member, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Strickland of Haralson: House Bill No. 624. A bill to amend an Act fixing the salary of the
County Treasurer of Ha1alson County, striking therefrom the words three hundred ($300.00) per annum payable monthly and inserting in lieu thereof six hundred ($600.00) dollars per annum payable monthly; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Kennedy of Tattnall: House Bill No. 648. A bill to amend an Act creating a Board of Com-
missioners of Roads and Revenues for the County of Tattnall; and for other purposes.
Referred to Committee on CountieR and County Matters.
By Mr. Bennett of Jeff Davis: House Bill No. 641. A bill to create the office of County Custodian for
Jeff Davis County; and for other purposes. Referred to Committee on Counties and County ::Matters.
By Mr. Taft of Atkim~on: House Bill No. 653. A bill to repeal an Act entitled "An Act to create
the office of Commis..<;ioners of Roads and Revenues of Atkinson County"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Smith and Smitha of Carroll: House Bill No. 678. A bill to authorize the Town of Bowden to enact
ordinances; and for other purposes. Referred to Committee on Municipal Government.
Senator Coker of the 39th moved that the Senate do now adjourn, and the motion prevailed.
Senate Resolution No. 52-192A was carried over as unfinished business.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

604

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Tuesday, March 11, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning 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 Odom of the 9th, Vice-Chairman of the Committee on Journals, 1eported 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 Lanier of the 18th moved that the Senate reconsider its action in failing to pass the following bill of the Senate:

By Senators Redwine of the 26th and Edwards of the 6th:
Senate Bill No. 149. A bill to amend an Act fixing the compensation of members of County Boards of Education; and for other purposes.

Senator Campbell of the 34th called for the previous question, and the call wa:s sustained.

On the motion to reconsider, the ayes were 24, nays 9, and the bill was reconsidered.

The following privileged resolutions were read and adopted:

By Senator Bland of the 12th:
A resolution extending the privileges of the floor to the Hon. W. M. Smith, former Senator from the 12th.

By Senator Dorsey of the 32nd:
A resolution extending the privileges of the floor to the Hon. Frank E. Gabriel, Ordinary of Habersham County, and President of the State Association of County Commissioners.

By Senator Kirkland of the 49th:
A resolution extending the privileges of the floor to the Hon. Madison H. Haymans, prominent citizen of Candler County.

By Senator Dobbs of the 22nd:
A resolution extending the privileges of the floor to the Hon. E. L. Butler and the Hon. S. D. Milner, prominent officials of Lamar County.

By Senator Bradley of the 13th:

A resolution extending the privileges of the floor to the Hon. Wingate

Dykes, a distinguished attorney of Americu:ii.

'

TUESDAY, MARCH 11, 1941

605

By Senator Fortson of the 50th: A resolution extending the privileges of the floor to the Hon. Ralph
McLendon, and the Hon. B. I. Chaney, prominent officials of Wilkes County.
By Senators Hill of the 36th, and Fortson of the 5,0th: A resolution expressing the appreciation of the Senate to Senator Pilcher
of the 7th, for the bottles of delicious pickles presented to each of the Senators.
By Senator Gross of the 20th: Whereas, the Senate has in its possession pictures of the 1939-40 and
1941-42 members of the Senate of Georgia, and
Whereas, the Senate would like to present the picture of the 1939-40 Senate to its former President, the Hon. John B. Spivey, and the picture of the 1941-42 Senate to its President, the Hon. Charles D. Redwine,
Therefore be it resolved, that these two pictures are hereby presented to the respective parties mentioned above.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Messrs. Elliott of Muscogee, Greene of Jones, :Mavity of Walker, McNall of Chatham and Connell of Lowndes:
House Bill No. 126. A bill to be entitled an Act to declare an emergency concerning the production, distribution _and sale of milk; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 189. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia, an amendment to the Constitution to authorize Abbeville Consolidated School District to incur a bonded indebtedness; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 190. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution of Georgia so as to authorize the County of Wilcox to incur a bonded indebtedness; and for other purposes.
By Mr. Kennedy of Tattnall: House Bill No. 198. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution, so as to authorize
the City of Reidsville to incur a bonded indebtedness; and for other purposes.

606

JOURNAL OF THE SENATE,

By Mr. Forrester of Dade: House Bill No. 238. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the County of Dade to incur a bonded indebtedness; and for other purposes.
By Mr. Witherington of Wilcox: House Bill No. 266. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the County of Wilcox to issue funding bonds; and for other purposes.
By Mr. Thigpen of Evans: House Bill No. 278. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the City of Claxton to incur additional bonded indebtedness; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 287. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the Adrian Consolidated School District to incur a bonded indebtedness; and for other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 294. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to permit the City of Hazlehurst to incur additional bonded indebtedness; and for other purposes.
By Messrs. Chandler and Turner of DeKalb: House Bill No. 617. A bill to be entitled an Act to amend an Act creat-
ing a new charter for the City of Decatur; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 680. A bill to be entitled an Act to create and incorporate
the City of Santa Claus anl to grant a charter to that municipality under that name and style, and for other purposes.
By Messrs. Kea and Lovett of Laurens: House Bill No. 689. A bill to be entitled an Act to amend an Act en-
titled an Act to create a new charter for the City of Dublin; and for other purposes.
By Messrs. Atkinson, Grayson a!1d McNall of Chatham: House Bill No. 691. A bill to be entitled an Act to confer upon the
Savannah Port Authority additional powers; and for other purposes.
By Messrs. Lovett and Kea of Laurens: House Bill No. 690. A bill to be entitled an Act to amend the Act creat-
ing a new charter for the City of Dublin; and for other purposes.

TUESDAY, MARCH 11, 1941

607

By Mr. Witherington of Wilcox:
House Bill No. 242. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize the City of Abbeville to incur a bonded indebtedness; and for other purposes.

By Messrs. Roug-hton of Washington and Bates of Ware: House Bill No. 296. A bill to be entitled an Act to repeal Sections 86-
1501, 86-1502 and 86-1503 of the Georg-ia Code of 1933, relating to the organization, formation and payment of expenses of a Home Guard or Constabulary, to provide for a Georgia State Guard; and for other purposes.
By Senator Whaley of the 45th: Senate Bill No. 164. A bill to amend an Act incorporating the City of
Helena in the County of Telfair and prescribing the powers and duties of its officers; and for other purposes.
Mr. President:
The House insists on its substitute to Senate Bill No. 70, amending the charter of the City of Colquitt, and asks that a conference committee on the part of the Senate, consisting- of three members, be appointed to confer with a l!ke committee on the part of the House. The Speaker has appoin:ed as a Committee of Conference on the part of the House the following members of the House, to-wit:
Messrs. Mims of Miller, Callaway of Newton, and Gross of Stephens.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following: fixing calendar for the day; and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
The following be established as order of business for the day immediately after period of unanimous consents:
1. Reports of standing committees and reading of bills second time.
2. Introduction of new bills, reading first time and reference.
3. Local uncontested bills and resolutions.
4. Following bills be set as special order of the day: Senate Bill No. l68; Senate Bill No. 112; Stnate Resolutions Nos. 52-192A, 53-192B; Senate Bills Nos. 178, 148, 166; House Bills Nos. 49, 64.
Respectfully submitted, Edenfild of 4th district, vice-chairman.

608

JOURNAL OF THE SENATE,

The report of the Committee on Rules which established the order of business for today was adopted.
The President announced the appointment of the following Conference Committee to act with a like committee of the House to consider Senate Bill No. 70:
Senators Drake of the 8th, Bradley of the 13th, and Gross of the 20th.
Senator Martin of the 3rd was granted leave of absence for one day due to important business.
Senator Wall of the 28th asked unanimous consent that the following bill of the Senate be taken up for consideration at this time:

By Senator Wall of the 28th: Senate Bill No. 63. A bill to require that all defendants in misdemeanor
cases be bound over to the County or City Courts for trial; and for other purposes.
The consent was granted.
The committee offered the following substitute which was adopted:
A BILL To be entitled an Act to require all defendants in misdemea110r cases, in counties having a population of not less than 8,500 and not more than 9,000 according to the census of the United States for 1940, or any future census, to be bound over to the County or City Courts for trial; to provide that indictments may not be demanded in such courts; 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 in all counties in this State having a population of not less than 8,500 nor mote than U,OOO according to the United States census of 1940, in which there is now, or may be hereafter established, a County Court or a City Court, it shall be the duty of every Justice of the Peace or other committing magistrate, to make all committments in misdemeanor cases returnable to such County or City Court.
Section 2. Be it further enacted by the authotity aforesaid, that in all misdemeanor cases in County and City Courts in all counties in this State having a population of not less than 8,500 nor more than 9,000 according to the United States ce'lsus of 1940, in which there is now, or may be hereafter established, a County Court or a City Court, the trial shall be had upon accu. sation, and no defendant in such cases shall have the right to demand indictment by a Grand Jury.
Section 3. Be it futther enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which wa& favorable to the passage of the bill by substitute, was agreed to.

TUESDAY, MARCH 11, 1941

609

On the passage of the bill, the ayes were 41, nays 0.
The bill, havin~ received the requisite constitutional majority, was passed by substitute.
Senator Campbell of the 34th moved to have the following bill of the Senate withdrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted:

By Senato1 Campbell of the 34th, and others:
Senate Bill No. 203. A bill to provide the right of eminent domain to all corporations for the purpose of carrying out any proj11cts declared by the President of the United States or the Secretary of War or the Secretary of the Navy to be of importance in connection with national defense; and for other purposes.

Senator Campbell of the 34th called for the previous question. On the call for the previous question, Senator Lanier of the 18th called for the ayes and naycs, and the call was sustained. A roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators:

Adams Almand Burnside Campbell Clark Coker
Dau1~htry

Dorsey Edenfield Edwards Fortson Foster Harrison Houston

Kirkland Milhollin Pilcher Smith, 35th Steed Stripln

Those voting in the negative were Senators:

Bam hill Bland Bradley Couch Dobbs Drake Franklin Garne1 Gross

Guyton Hamilton Hill Holt Lanier Lewallen Mason :McGehee Mosley

Odom Park Ragan Rowland Sumner Wall Whaley

Not voting were Senators: Bargeron, Coxon, Kiker, Martin, Smith of 24th.

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

On the call for the previous question, the ayes were 20, nays 25, and the call was not swstained.

Senator Guyton of the 1st addressed the Senate.

610

JOURNAL OF THE SENATE,

Senator McGehee of the 25th addressed the Senate.

Senator Kirkland of the 49th called for the previous question.

Senator Odom of the 9th moved to table the call for the previous question.

Senator Campbell of the 34th asked unanimous consent to withdraw his motion relative to Senate Bill No. 203 being withdrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted.

Senator Lanier of the 18th objected.

Senator Odom of the 9th moved to table the motion to withdraw Senate Bill No. 203 from the Committee on General Judiciary No. 2, have same read the 5Cond time and recommitted.

On the motion to table, Senator Odom of the 9th 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:

Adams Almand Barnhill Bradley Burnside Campbell Cannon Clark Coker Daughtry

Dorsey Drake Edenfield Fortson Foster Franklin Harrison Houston Mason McGehee

Milhollin Mosley Odom Pilcher Smith, 35th Steed Striplin Sumner Whaley

Those voting in the negative were Senators:

Bland Couch Dobbs Garner Gross Guyton

Hamilton Hill Holt Kiker Kirkland Lanier

Lewallen Park Ragan Smith, 24th Wall

Not voting were Senators: Bargeron, Coxon, Edwards, Martin, Rowland.

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

On the motion to table, the ayes were 29, nays 17, and the motion prevailed.

Senator Burnside of the 29th moved that the Senate adjourn at 12 :30 p.m. today and reconvene at 2 9'clock, ;;~nd the motion prevailed.

TUESDAY, MARCH 11, 1941

611

The Senate adjourned at 12:30 p.m.
The Senate reconvened at 2 p.m., and was called to order by the President.
Senator Smith of the 24th asked unanimous consent to have the following bill of the Senate, favorably reported by the Committee on Municipal Government, read the second time and recommitted:
By Senator Smith of the 24th: Senate Bill No. 197. A bill to amend an Act to amend an Act to create
a new charter for the City of Columbus so as to empower said City to pass zoning and planning laws; and for other purposes.
The consent was granted.
Mr. Daughhy of the 21st District, Chairman of the Committee on Municipal Government, submitted the follO'wing 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. 206. Do pass.
Senate Bill No. 207. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Daughtry of the 21st District, Vice-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 Vice-Chairman, to report the same back to the Senate with the following recom1nendations:
Senate Bill No. 200. Do pass.
Respectfully submitted, Daughtry of 21st dist., vice-chairman.
Mr. Daughtry of the 21st 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. 632. Do pass.

6"12

JOURNAL OF THE SENATE,

House Bill No. 631. Do pass.
House Bill No. 62!). Do pass.
House Bill No. 630. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Daughtry of the 21st 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 ~0. 645. Do pass.
House Bill No. 602. Do pass.
House Bill No. 234. Do pass.
House Bill No. 556. Do Pass.
House Bill No. 651. Do pass.
House Bill No. 650. Do pass.
House Bill No. 642. Do pass.
Senate Bill No. 1!JG. Do pass.
Senate Bill 1'\o. Hl7. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Drake of the 8th 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. 653. Do pass as amended.
House Bill No. 654. Do pass as amended.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Clark of the 44th District, Chairman of the Committee on State of

TUESDAY, MARCH 11, 1941

613

the Republic, wbmittc>d the following report:
Mr. President:
Your Committe~:' on State of the Republic 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. 573. Do pass.
House Bill No. 326. Do pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Harrison of the 23rd District, Chairman of the Committee on Public Libraries, submitted thl:' following report:
Mr. President:
Your Committe~:' on Public Libraries have had under consideration the following Hesolutions of thP HousP and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 46-25!lA. Do pass.
House Resolution No. 53-297B. Do pass.
RcspPctfully submitted, Harrison of 23rd district, chairman.
Mr. Houston of the 51st District, Chairman of the Committee on General Judiciar~ No. 1, submitted the following report:
Mr. P1esident:
Your Committee on General Judiciary No. 1 have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. l[l;), Do not pass.
Housc Bill No. 293. Do pass.
Respectfully submitted, Houston of 51st district, chairman.
l'lr. Steed oi' the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

614

JOURNAL OF THE SENATE,

Senate Bill No. 181. Do pass. Senate Bill No. 184. Do pass. Senate Bill No. 133. Do pass. Senate Bill No. 63. Do pass by substitute.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had unde1 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. 303. Do pass.
House Bill No. 473. Do pass.
House Bill No. 495. Do pass.
House Bill No. 325. Do pass.
Respectfully submitted, Steed {)f 43rd district, chairman.

Mr. President:

We, the undersigned members of Committee on Special Judiciary, file this minority report to Senate Bill No. 133 and recommend that same do not pass.

Respectfully submitted, Edwards of 6'th district.

Mr. Rowland of the 16th District, Chairman of the .committee on Enrollment, submitted the following report:

Mr. President:

Your Committee on Enrollment have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:

Senate Bill No. 40.

Senate Bill No. 48.

Senate Bill No. 83.

Senate Bill No. 124.

-.

TUESbAY, MARCH 11, 1941

615

Senate Bill No. 125.
Senate Bill No. 143.
Senate Bill No. 144. Respectfully submitted, Rowland of 16th district, chairman.
Dr. Coker of the 39th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
YoUl' Committee on Highways and Public Roads have had under consideration the following- bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 446. Do pass. House Bill No. 203. Do pass. House Bill No. 261. Do pass. House Bill No. 507. Do pass.
House Bill No. 90. Do pass. House Bill No. 295. Do pass. House Bill No. 364. Do pass. House Bill No. 453. Do pas;;.
House Bill No. 375. Do pass.
Respectfully submitted, Coker of 39th district, chairman.
Mr. Drake of the 8th 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 recommendations:
House Bill No. 267. Do pass as amended 'With referendum.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following teport:

616

JOURNAL OF THE SENATE,

Mr. Pre~ident:
Your Committee on Amendment~ to the Constitution 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 thP following recommendations:
Senate Resolution No. 54-195A. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Edwards of the oth District, Chairman of the Committee on Education and Public Schools No. 1, submitted the following report:
Mr. President:
Your Committee on Education and Public School~ No. 1 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 208. Do pass. Respectfully submitted, Edwards of oth district, chairman.
Mr. Dorsey of the 32nd District, Chairman of the Committee on General Judiciary No. 2, ~ubmitted 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. 114. Do not pass.
House Bill No. 185. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Cannon of the 40th 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 recommendations:
Senate Bill No. 199. Do pass.
Respectfully submitted, Cannon of 40th district, chairman.

TUESDAY, :\iARC'II 11, 1!H 1

617

:\fr. Drake of the Rth District, Chairman of the Committee on Counties and County MattPrs, submitted the following: report:
:\'Ir. President:
Your Committee on Counties and County :\'Iatters have had under consideration the following bills of the Hou~e and Senate and have instructed nw as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 17 0. Do pass.
House Bill N"o. 441. Do pa~s.
Se1ate Bill N"o. 1R!J. Do pass.
Respectful:y submitted, Drake of 8th district, chairman.
Mr. Lanicr of the 1Rth District, Chairman of the Committee on Finance, submitted thP following rPport:
Mr. Presidc:nt:
Your Committee on Finance have had under consideration the following bill of the House and havp instructt>d nw as Chairman, to report the same back to the Senatp with the follo1Ying l'Pcommendations:
House Bill No. 73. Do pass.
Respectfully ~ubmitted, Lanier of 1Rth district, chairman.
:VIr. Steed of the 4:1nl Distri(;t, Chairman of the Committee on Special Judi(;iary, submitted the following report:
Mr. President:
Yom Committee on Special .Judiciary have had under consideration the following bills of the House and have instructc>d me as Chairman, to report the same back to the Sc>nate with the following recommendations:
House Bill No. G:l:l. Do pass.
Housc> Bill No. 2:l2. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senators Edenfield of the 4th and Whaley of the 45th: Senate Bill No. 133. A bill to define and 1egulate the business of making
loans in the amount of $300 or less; and for other purposes.

618

JOURNAL OF THE SENATF,,

By Mr. Dorsey of the 32nd: Senate Bill No. 181. A bill to create the city court of Cleveland in and
for the County of White; to define its powers, jurisdiction, procedure and practice; and for other purposes.
By Mr. Couch of the 52nd: Senate Bill No. 189. A bill to amend an Act approved March 16, 1939,
(Ga. Laws 1939, pp. 278) entitled "An Act to provide that Counties having a population of more than two hundred thousand by the United States census of 1920 or any subsequent census shall furnish aid and relief and pensions to regulate members of County police department, but not to supernumeraries;" and for other purposes.
By Mr. Whaley of the 45th: Senate Bill No. 196. A bill to amend an Act approved August 1, 1918,
entitled "An Act to amend substitution to an Act creating a new charter for the City of McRae, and to consolidate the Acts relating to the acts and powers of said Corporations;" and for other purposes.
I
By Senators Coker of the 39th and Cannon of the 40th: Senate Bill No. 199. A bill to regulate the sale of group hospitalization in-
surance contracts; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 200. A bill to be entitled an Act to amend an Act ap-
proved March 19, 1937, (Ga. Laws 1937, pp. 322-355), creating a Department of Public Safety and defining the powers and duties thereof, etc., as amended by an Act approved March 17, 1939 (Ga. Laws 1939, pp. 134-144), by providing that the Commissioner may within the limit, etc.; and for other pourposes.
By Mr. Campbell of the 34th: Senate Bill No. 206. A bill to amend the charter of the City of Coving-
ton approved August 16, 1918, and the amendatory Acts thereto; to provide for a commission form of Government composed of three commissioners and a City Manager in lieu of the present form of Government by Mayor and Council; and for other purposes.
By Mr. Campbell of the 34th: Senate Bill No. 207. A bill to amend an Act incorporating the City of
Covington, approved August 16, 1918, and the several Acts amendatorw thereof; and for other purposes.
By Mr. Whaley of the 45th: Senate Resolution No. 54-195A. A resolution providing for the issuance
of Funding Bonds for the County of Irwin for the purpose of paying of the current warranted indebtedness of said County; and for other purposes.
By Messrs. Grice, Bloodworth and Weaver of Bibb: House Bill No. 73. A bill to ratify, approve and confirm an executive

TUESDAY, MARCH 11, 1941

619

order aoo proclamation issued by the Governor on April flth, 1940, suspending the collection of certain taxes; and for other purposes.
By Mr. Vickers of Coffee and Mr. Taft of Atkinson: House Bill No. 90. A bill to amend an Act designating the Highway
Mileage by adding additional mileage in Coffee and Atkinson Counties; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 1'i'O. A bill to amend the County Board of Health Act
so as to provide that a member of the Board of County Commissioners other than the Chairman may sit upon same; and for other purposes.
By Mr. Clements of Calhoun and Gavin of Clay: House Bill No. 203. A bill to amend the Highway Mileage Act by adding
certain mileage to the State Aid System of Roads; and for other purposes.
By Mr. Smith of Barrow: House Bill No. 232. A bill to provide for holding four terms a year of the
Superior Court of Barrow County; and for other purposes.
By Messrs. Dunaway, Candler, Turner of DeKalb; Etheridge, Kendrick and Mrs. Mankin of Fulton:
House Bill No. 234. A bill to provide a pension for the Police Department in cities having a population of 150,000 or more in the State of Georgia according to the last census .of the United States; and for other purposes.
By Messrs. Dallas, Caldwell and Bruce of Troup: House Bill No. 26'1. A bill to amend an Act entitled "Highway Mileage"
by adding a certain road to the State Aid System of Roads; and for other purposes.
By Mr. Smith of Barrow: House Bill No. 267. A bill to repeal an Act entitled "An Act to create
a Board of Commissioners of Roads and Revenues for the County of Barrow," and to enact in lieu thereof an Act to create a new Board of Commissioners; and for other purposes.
By Mr. Welsch of Cobb: House Bill No. 293. A bill to amend Section 34-1302 of the 1933 Code
of Georgia, relating to elections; and for other purposes.
By Messrs. Gray of Houston, Dupree of Pulaski and Bloodworth of Bibb: House Bill No. 295. A bill to amend an Act entitled "Highway Mileage"
for Houston County; and for other purposes.
By Messrs. Gowen of Glynn, Dyal of Appling, Anderson of Wayne, Bennett of Jeff Davis and Ferguson of Camden:
House Bill No. 303. A bill to amend Section 24-3103 and 24-3104 of the Code of Georgia of 1933, relating to the compensation for the court reporter

620

.JOURNAL OF THE SENATE,

in the Brunswick .Judicial Circuit; and for other purposPs.
By Mr. Willbanks of Cherokee: House Bill :--Jo. 325. A bill to authorize any county in this State having
a population of not less than 20,120 and not mon' than 20,1:30 inhabitants according to the 1!140 FPderal census, to pass through the Board of County Commissioners, zo'ling and planning laws; and for other purposes.
By Messrs. Elliott of :\fuscogee, Evans of :vrcDuffie, Lovett of Laurens, Culpepper of Fayette, Marion Ennis of Baldwin, and J. H. Ennis of Baldwin:
HousP Bill No. 32fi. A bill to authorize the GovPrnor to lease all or any part of the lands and buildings constituting the State Prison Farm; and for other purposes.
By Messrs. McClmp of Catoosa and Kelley and :V1avity of Walker: House Bill Ko. :3fi4. A bill to amend the Highway :vlileage Act so as to
add to map attached to said Act a road in Catoosa and \Valker Counties; and for other purposes.
By Mr. Kaigler of Quitman: House Bill No. 375. A bill to amend an Act entitled "Highway :\fileage"
known as thP Neill-Traylor Act; and for other purposl's.
By :\1essrs. Bowen of Pierce, Bates and \Villiams of Ware: House Bill No. 4;)3. A bill to amend an Act e'ltitled "Highway :VIilPage"
by adding to the Traylor-Neill map a road !Pading from the City of Blackshear; and for other purposes.
By :\Irs. }fankin, Messrs. Etheridge and Kendrick of Fulton: House Bill Ko. 441. A bill to amend the pension system for Fulton County
Police to provide a pension for .J. \V. Ball, Sr.; and for other purposes.
By Messrs. Bow<'n of Pierce and Jones of Brantley: House Bill Ko. 446. A bill to amend an Act entitled "Highway :\Iileagc"
af' same appears in the Acts of 1!l29, so as to include on map attached to and incorporatPd in said Act entitled, "Highway Mileage", a road leading from Blackshear, Georgia, to be a town known as Trudie, Georgia; and for other purposes.
By }fr. Davis of Coweta: House Bill No. 473. A bill to amend an Act relating to salaries of clerks
in li<'u of fees approved :\-larch 2, 193:3, by making the said Act applicable to counties on a basis of the lD:lO census only; and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 4!Ji). A bill to provide the dates of holding four terms
of the Superior Court of Chatham County, Georgia; and for other purposes.
By Mc~srs. Mc)J all, G!'Hyson and Atkinson of Chatham: House Bill No. 507. A bill to amend the Highway :vlileage Act, so as to

TUESDAY, MARCH 11, 1941

621

place Montgomery Street extension, in Chatham County, on State Road System; and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: Hou~e Bill No. fi5G. A bill to amend the Acts incorporating the Town
of Savannah Beach formerly known as the Town of Tybee in Chatham County, Georgia; and for other purposes.
By l\Ir. Gill of Bryan: House Bill No. fi7:l. A bill to describe, define and officially name a sys-
tem of coordinates in designating the positions of points in the surface of the earth within Bryan County; and for other purposes.
By Mr. N oate of Hancock: House Bill Xo. G02. A bill to amend an Act known as "An Act to in-
corporate certai1 churches and camp grounds, and to appoint trustees for the same," and for other purposes.
By .Yiessrs. Elliott and IYohlwender of :.\Iuscogee: House Bill No. G:Z\1. A bill to amend the charter of the City of Columbus,
}iuscogee County of Georgia, for the purpose of authorizing the Board of Managers of the City Hospital of said City to sell and transfer property; and for other purposes.
By :.\iessrs. Elliott and W ohlwender of :.\Iuscogee: House Bill "i\o. fi:lO. A bill amending the charter of the City of Columbus,
Georgia so as to l'mpower said City to grant pensions and retirement benefits to officers and employees of said City, with certain exceptions and subject to certain conditions; and for other purposes.
By :.\iessrs. Elliott and \VohhYemler of 2\'luscogee: House Bill 1'\o. 631. A bill granting express authority to the City of
Columbus to erect and maintain a public passenger station, between the two roadways on Broadway between Eleventh Street and Twelfth Street; and for other purposes.
By Messrs. Elliott and W ohlwender of lVIuscogee: House Bill Ko. G:~2. A bill authorizing the City of Columbus to incur
expenses in the lighting, heating or maintenance of a passenger station in the center of Broad Street, in ftont of the Rankin House in said City for the use of the general public, authorizing the City of Columbus to take possession of maintaining the same; and for other purposes.
By Messrs. Elliott and \Vohlwcndet of Muscogee: House Bill Xo. G:l:l. A bill to regulate the salaries of stenogTaphic re-
porters of the Superior Courts of all Judicial Circuits of this State in all Counties having a population of not les;; than 50,000 or more than 55,000; and for other purpose~
By :Vlessrs. Smitha and Smith of Carroll:

622

JOURNAL OF THE SENATE,

House Bill No. 642. A bill to amend an Act entitled an Act creating the charter of the To-wn of Bowdon in Carroll County, Georgia; and for other purpo3cs.
By Mr. Heard of Elbert: House Bill No. 645. A bill to amend an Act incorporating the City of
Elberton, to authorize the Mayor and City Council of said City to enact zoning and planning ordinances and to fix methods of zoning said City; and for other purposes.
By Mr. Dyal of Appling: House Bill No. 650. A bill to amend the charter of the City of Baxley;
and for other purposes.
By Mr. Davis of Coweta: House Bill No. 651. A bill to amend an Act entitled an Act to create a
new charter for the City of Newnan, County of Coweta; and for other purposes.
By Mr. Taft of Atkinson: House Bill No. 653. A bill to repeal an Act entitled "An Act to create
the office of Commissioner of Roads and Revenues of Atkinson County;" and for other purposes.
By Mr. Taft of Atkinson: House Bill No. 6'54. A bill to create a Board of Commissioners of Roads
and Revenues for Atkinson County; and for other purposes.
By Messrs. Heard of Elbert and Richardson of Hart: House Bill No. 185. A bill to amend Section 45-505 of the Code of
Georgia of 1933, to provide the conditions under which this Act shall remain operative; to repeal conflicting laws; and for other purposes.
By Mr. Hart of Thomas: House Resolution No. 46-259A. A resolution providing that the Ordinary
of Thomas County be furnished certain copies of the Georgia Supreme Court Reports; and for other purposes.
By Mr. Loope1 of Dawson: House Resolution No. 53-297B. A resolution authorizing the State Library
to furnish to the Clerk of the Superior Court of Dawson County, certain volumes of the Georgia Reports; and for other purposes.
The following bills were introduced, read the first time, and referred to committees:
By Senator Redwine of the 26th: Senate Bill No. 208. A bill to amend Section 32-1006 of the Georg-ia Code
of 1930 relating to the compensation of county superintendents of schools, by providing that the county board of education may authorize the county

TUESDAY, MARCH 11, 1941

623

superintendent of schools to employ clerical and office help and allow him compensation for the expenses so incurred; and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Senator Lewallen of the ~3rd: Senate Bill No. 209. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for Banks County; and for other purposes. Referred to Committee on Counties and County Matters.
By Senators Redwine of the 26th, and Houston of the 51st: Senate Bill No. 210. A bill to amend Title 92 (Public Revenue), Division
1 (Sources of Revenue) Part IX, (Income Taxes) of the Code of Georgia of 1933 as amended by the Act approved :Warch 28, 1935, and by the Act approved March ~0, 1937, by amending section 92-3303, 80 as to provide for prompt determi>J.ation of taxes due on income of decendent, or decendent's estate, and to limit the time; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Campbell of the 34th: Senate Bill No. 211. A bill to provide that no appropriation shall be-
come available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." approved February 10, 1937 (Ga. Laws 1937, pp. 882-892); and for other purposes.
Referred to Committee on Education and Public Schools No. 1.
By Senator Couch of the 52nd: Senate Bill No. 212. A bill to provide for rece1vmg tax returns, fixing
tax levies, and collecting taxes in certain counties; and for other purposes. Referred to Committee on Counties and County Matters.
By Senator Redwine of the 26th: Senate Bill No. 213. A bill to regulate the sale of live and dressed poul-
try; to classify the same; and for other purposes. Referred to Committee on Agriculture.
By Senator Smith of the 24th: Senate Bill No. 214. A bill to amend an Act entitled "An Act providing
for the acquisition, construction, operation and regulation of airports and other navigation facilities; and for other purposes.
Referred to Committee on State of Republic.
The following resolution was introduced, read the first time, and adopted:
By Senator Gross of the 20th: Senate Resolution No. 58-210A. A resolution memorializing Congress
and those in charge of the Selective Service Act to provide for the deferment

624

JOURNAL OF THE SENATE,

of military training on the part of dental students; and for other purposes.
The following- bill~ of the House were read the first time and referred to committee~:
By }fessrs. Elliott of :.\i:uscog-ee, Greene of Jones, :.\lavity of Walkl>r, Me:-<all of Chatham and Connell of Lowndes:
House Bill No. 12G. A bill to amend an Act approved March 30, 1937 AGa. Laws 1U:l7, pages 247-2G4) entitled an Aet to dec:lare an emergency concerning the pl'Oduction, di;.:tribution of milk; and for other puq>oses.
Referred to Committee on General Judiciary No. 1.
By Mr. Witherington of Wilcox: House Bill K o. 1HU. A bill to propose to the qualified voters of Georgia,
an amendment to the Constitution so as to authorize the Abbevilll Consolidated School Disttict of Wilcox County to incur a bonded indebtedness; and for other pmposes.
Referred to Committee on Amendments to Constitution.
By Mr. Witherington of Wilcox: House Bill ~o. 1!lO. A bill to amend the Constitution so as to authorize
the County of Wilcox to incur a bonded indebtedness in addition to that hereto fore authorized by the Constitution; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Kennedy of Tattnall: House Bill No. 1!J8. A bill to propose to the qualified voters of Geor-
g-ia an amendment to Article 7, Section 7, Parag-raph 1, of the Co.,:;titution of Georgia, so as to authorize the City of Reidsville to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By :.\lr. Fonestl'l' of Dade: House Bill Ko. 2:l8. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authol'ize the County of Dade to incur a bonded indebtedness; and for other purpo~l'8.
Referred tr> Committee on Amendments to Constitution.
:Rv :.\'lr. Witherington of Wilcox: House Bill X o. 242. A bill to propose to the qualified vote1s of Georgia
an amendment to Article 7, Section i, ParagTaph 1 o1' the Con:;titution of Georg-ia, so as to authorize the City of Abbeville to incur a bonded indebtedness; and for other pu1poscs.
Rc~'ened to Committee on Amendments to Con8titution.
By l\fr. Withering-ton of Wilcox: House Bill ~o. 2Gu. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to auth0rize Wilcox County to issue

TUESDAY, MARCH 11, 1941

-

625

Funding Bonds; and for other purposes. Referred to Committee on Amendments to Co:Rstitution.
By Mr. Thigpen of Evans: House Bill No. 278. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize the City of Claxton to incur additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Rowland of Johnson: House Bill No. 287. A bill to amend the Constitution so as to authorize
the Adriam (1st) Consolidated School Distl"ict to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Bennett of Jeff Davis: House Bill No. 294. A bill to amend the Constitution of Georgia so as to
permit the City of Hazelhurst to incur additional bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Roughton of Washington and Bates of Ware: House Bill No. 296. A bill to repeal Sections 86-1501, 86-1502, 86-1503
of the Georgia Code, relating to the organization, formation and payment of expenses of a Home Guard or Constabulary; to provide for a Georgia State Guard; and for other purposes.
Referred to Committee on Military Affairs.
By Messrs. Candler and Turner of DeKalb: House Bill No. 617. A bill to amend an Act approved August 17, 1909
creating and establishing a new charter for the City of Decatur; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Fuller of Toombs: House Bill No. 680. A bill to create the City of Santa Claus, in the
County of Toombs, and grant a charter to that municipality under that corporate name and style; and for other purposes.
Referred to committee on Municipal Government.
By Messrs. Kea and Lovett of Laurens: House Bill No. 689. A bill to create a new charter for the City of Dub-
lin; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Lovett and Kea of Laurens: House Bill No. 690. A bill to amend the Act entitled an Act to create a
new charter for the City of Dublin; and fo1 other purposefi,

626

JOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.
By Messrs. Atkinson, :McNall and Grayson of Chatham: House Bill No. 691. A bill to confer upon the Savannah Port Authority
additional powers; and for other purposes. Referred to Committee on Municipal Government.
The following local uncontested bills of the House were read the third time, and put upon their passage:
By Messrs. Lester, Harris, and Jones of Richmond: House Bill No. 339. A bill to amend an Act to change from the fee to
the salary system in certain counties 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lester, Ranis, and Jones of Richmond: House Bill No. 340. A bill to amend a'l Act changing the classes and
amounts of commifsion allowed to tax receivers and tax collectors of State and County tax::s; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, th2 ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Smith and Smitha of Carroll: House Bill No. 408. A bill to establish a Hospital and Health Board for
Carroll County; and for ot!ler purposes.
The report o; the committ~e, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Inglis of Habersham: House Bill No. 413. A bill to amend an Act to provide for holding four
terms a year of the Superior Court of Habersham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

TUESDAY, MARCH 11, 1941

627

The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 443. A bill to amend an Act establishing a charter for
the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Foster of Towns and Rich of Union: House Bill No. 459. A bill to amend and change the boundary lines be-
tween Towns and Union 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wren of Glascock: House Bill No. 470. A bill to amend an Act to create a Board of Commis-
sioners of Roads and Revenues for the County of Glascock by authorizing necessary traveling expenses; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wren of Glascock: House Bill No. 471. A bill to repeal an Act to amend an Act creating a
Board of Commissioners of Roads and Revenues for Glascock County relating to nepotism; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bynum of Rabun: House Bill No. 489. A bill to create two additional terms of the Superior
Court of Rabun County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

628

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requi~ite constitutional majority, >vas passed.
By Mr. Gill of Bryan: House Bill No. 574. A bill to authorize Bryan County 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gill of Bryan: House Bill No. 636. A bill to create a Board of Commissioners of Roads
and Revenues for Bryan County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was a)..!:reed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gill of Bryan: House Bill No. 644. A bill to repeal an Act to create a Board of Com-
missioners of Roads and Revenues for Bryan County; and for other purposes.
The report of the committee, \Yhich was favorable to the passage of the bill, was agreed to.
On the passage of the bitt, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills of the Senate were read the third time, and put upon their passage:
By Senator Edenfield of the 4th: Senate Bill No. 168. A bill to provide for the appointment of a County
Director and other personel in the County Departments of Public Welfare; and for other purposes.
Senator Adams of the 31st, Steed of the 43rd, Lanier of the 18th, Gross of the 20th, Guyton of the 1st, Milholtin of the 46th, and Houston of the 51st offered the following substitute:
A BILL To be entitled an Act to provide for more efficient administration of the Public Welfare Laws of this State; to limit the participation by the counties i:1 the expense of administering such law and paying the benefits provided for thereby; to provide for the immediate investigation and certification of all

'fUESDAY, MARCH 11, 1941

6'29

persons eligible to receive old age asssitance; to authorize and provide for the suspension and removal of members of the County Boards of Public \Yelfare, the County Directors of Public \Velfare and employees and officials of the 3tate Department of Public Welfare; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That from and after the passage and approval of this Act, the various counties of the State shall contribute not more than five per cent. of the total cost of administration and the total cost of all benefits payable under the Act approved February 26, 1937, known as the "Old Age Assistance Act," the Act approved February 26, 1937, known as the "Aid to the Blind Act," and the Act approved February 26, 1937, known as the "Aid to Dependent Children Act;" the remaining ninety-five per cent. of such administrative expenses and grants shall be payable by the State Department of Public Welfare and the Social Security Board. The Governor is hereby authorized by appropriate executive order to enforce this section.
Section 2. It shall be the duty of t11e State Department of Public \Velfare, the County Departments of Public We!Zare and the County Directors of Public Welfare to immediately investigate all applications for assistance to the needy aged now pending under the Act approved Febreary 26, 1937, known as the "Old Age Assistance Act," which have not heretofore been acted upon, and to immediately certify those found eligible under said Act and provide for the prompt payment to them of the old age assistance payable under said Act. The Governor is authorized by appropriate executive order to enfore this section.
Section 3. In order that the public welfare laws of this State may be better enforced, the Govemor of this State is hereby authorized and empowered to suspend any member of any county board of public welfare or any county director of public welfare or any employee or official of the State Department of Public Welfare, whenever he shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered mail (return receipt requested). together with a notice from the Governor or his Executive Secretary that the suspended person may be heard before the Gover;wr at such time as may be stated in the notice, to be not less than ten nor more than twenty days from the elate of the notice. Upon such hearing, if the Governor shall find that good cause for the removal -of the person so suspended exists, he is authorized and empowered to remove such member of any county board of public welfare or county director of public welfare or employee or official in the State Department of Public \Velfare; whereupon such person's tenure of office or employment shall terminate and the Yacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he shall, by appropriate executive order, restore him or her to duty.
Section 4. All laws and parts of laws in conflict with this Act are hereby

630

JOURNAL OF THE SENATE,

repealed.
Senators Odom of the 9th, Drake of the 8th, and Coker of the 39th offered the following amendment to the substitute which was lost: By Senators Odom of the 9th, Drake of the 8th, and Coker of the 39th:
To amend Section 3 of the substitute for Senate Bill No. 168 as follows:
By striking the words "as provided by law" where it appears in line 21 and 22 of Section 3 of said substitute and inserting in lieu thereof the following words: "filled by appointment by the Director of the State Department (Jf Public Welfare with the approval of the Governor" so that said Section as amended will read as follows:
Section 3. In order that the public welfare laws of this State may be better enforced, the Governor of this State is hereby authorized and empowered to suspend any member of any county board of public well'are or any county director of public welfare or any employee or official of the State Department of Public welfare, whenever he shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered mail (return rec2ipt requested), together with a notice from the Governor or his Executive Secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, to be not less than ten nor more than twenty days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he is authorized and empowered to remove such member of any county board of public wel:iare or county director of public welfare or employee or official in the State Department of Public Welfare; whereupon such person's tenure of office or employment shall terminate and the vacancy shall be filled by appointment by the Director of the State Department of Public Welfare with the approval of the Governor. If the Governor shall find that good cause for the removal of such person does not exist, he shall, by appropriate executive order, restore him or her to duty.
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 43, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Senator Gross of the 20th: Senate Bill No. 112. A bill proposing an amendment to Article 7, Sec-
tion 7, Paragraph 1, of the Constitution, so as to authorize political subdivisions of this State to issue refunding bonds for the purpose of retiring outstanding bonded indebtedness; and for other purposes.

TUESDAY, MARCH 11, 1941

631

The committee offered the following substitute which was adopted:
A BILL To be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, authorizing counties, muni<:>ipal corporations and political divisions of this State to refund any outstanding bonded indebtedness, matured or unmatured; and for other purposes.

Be it enacted by the General Assembly of Georgia:
Section 1. That the General Assembly of Georgia proposes to the people oi Georgia that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has been heretofore amended, be further amended by adding at the end thereof the following language:
"Provided, further, that for the purpose of refunding all or any part of its then outstanding bonded indebtedness, matured or unmatured, any such county, municipal corporation or other political sub-division of this State may, by resolution of its governing body, issue refunding bonds to the amount of the principal o.L its then oEtstanding bonds or any part thereof. Such refunding bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise, as may be fixed by such resolution, but all such bonds shall mature within not less than thirty years from their date, and the rate of interest provided for shall not exceed the rate borne by the bonds to be refunded. The proceeds of such refunding bonds shall be used exclusively to discharge the bonds to be refunded, and provision shall be made in the resolution authorizing them for the assessment and collection of an annual tax suificient in amount to pay the principal and interest of such refunding bonds as the same become due. All such refunding bonds shall be valid'lted a~ now provided by law."

Section 2. That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General As~mbly, the same shall be entered on their journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939.

The report of the committee, which was favorable to the passage of the bill by substitute, 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:

Adams Almand Barnhill Bland Bradley

Burnside Campbell Cannon Clark Coker

Couch Daughtry Dobbs Dorsey Drake

632

JOURNAL OF THE SENATE,

Edenfield Fortson Franklin Garner Gross Guyton Hamilton Harrison Hill

Holt Houston Kiker Kirkland Lanier Lewallen Mason McGehee Milhollin

:Mosley Park Pilcher Ragan Rowland Smith, 24th Steed Sumner Whaley

Not voting were Senators: Bargeron, Coxon, Edwards, Foster, Martin, Odom, Smith of 35.th, Striplin, and Wall.

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

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

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

Senator Campbell of the 34th asked unanimous consent that Senate Bill No. 168 be immediately transmitted to the House, and the consent was granted.

Senator Gross of the 20th asked unanimous consent that Senate Bill No. 112 be immediately transmitted to the House, and the consent was granted.
By Senator Houston of the 51st: Senate Resolution No. 52-192A. A RESOLUTION Proposing to the qualified voters of Ge01gia for ratification or rejection
an amendment to Article 6, Section 11, Paragraph 1 of the Constitution of Georgia, so as to provide that the successors of present and subsequent incumbents in the office of solicitor general shall be elected by the electors of their respective judicial circuits; and for other purposes.
Be it resolved by the General Assembly of the State of Georgia:
Section 1. That Article 6', Section 11, Paragraph 1 of the Constitution of Georgia be, and the same is hereby amended by striking from said Paragraph the language "of the whole state" and inserting in lieu thereof the language "of their respective judicial circuits" and by striking the language "provided, that the successors of all incumbents whose terms expire on or before the first day of January, 1899, shall be elected by the General Assembly at its session for 1898, for the full term of 4 years," so that said Paragraph as amended shall read as follO'ws:
"There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be 4 years. The successors of present and subsequent incumbents shall be elected by the electors of their respective judicial circuits, qualified to vote for members of the General Assembly,

TUESDAY, MARCH 11, 1941

633

at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled, by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected."

Section 2. \Vhen this amendment shall have been agreed to by two-thirds vote of the members elected to each of the two Houses, and the "ayes" and "nays" thereon recorded upon their respective journals, it shall be submitted to the qualified voters of this State, and the election thereon held, and the results determined and declared in the manner provided for and subject to the procedure outlined in the Act approved March 24, 1939, (Ga. Laws 1939, pages 305,307).

Section 3. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Almand Bland Bradley Burnside Campbell Cannon Clark Coker Couch Daughtry Dobbs Dorsey

Drake Edenfield Edwards Fortson Franklin Garner Gross Guyton Hamilton Hanison Holt Houscon Kiker Kirkland

Lanier Lewallen Mason McGehee Milhollin
Mo~ley
Park Pilcher Ragan Rowland Steed Sumner Whaley

Voting in the negative was Senator Smith of the 24th.
Not voting were Senators: Bargeron, Barnhill, Coxon, Foster, Hill, Martin, Odom, Smith of 35th, Striplin, and Wall.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 1.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.

634

JOURNAL OF THE SENATE,

By Senator Houston of the 51st:
Senate Resolution No. fi3-192B.
A RESOLUTION
Proposing to the qualified voters of GeoTgia for ratification or rejection an amendment to Article 6, Section 3, Paragraph 2, of the Constitution of Georgia, so as to provide that the successors of present and subsequent incumbents in the office of judge of the superior courts shall be elected by the electors of their respective judicial circuits; and for other purposes.

Be it resolved by the General Assembly of the State of Georgia:

Section 1. That Article 6, Section 3, Paragraph 2 of the Constitution of Georgia be, and the same is h2reby amended by inserting between the words "by the electors" and the words "entitled to vote", the words "of tl:eir 1espective judicial circuits"; by striking the words "of the whole State" and by striking the words "provided, that the successors of all incumbents whose terms expire on or before the first day of January, 1899, sh:>.!l be elected by the General Assembly at its session for 1898, for the full term of 4 years", so that said paragraph as amended shall read as follow~:

"The successors to the present and subsequent incumbents shall be elected by the electors of their respective judicial circuits entitled to vote for members of the General Assembly, at the general election held for such members, next pr~ceding the expiration of their respective terms."

Section 2. When this amendme!lt shall have been agreed to by a twothirds vote of the members elected to each of the two Houses, and the "ayes" and "nays" thereon recorded upon their respective journals, it shall be submitted to the qualified voters of this State, and the election thereon held, and the results determined and declared in the manner provided for and subject to the procedure outlined in the act approved March 24th, 1939, (Ga. Laws 1939, pages 305, 307).

Section 3. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.

Senator Dorsey of the 32nd asked unanimous consent to be allowed to cast his vote and retire, and the consent was granted.

The Senator voted aye and was so recorded.

The report of the committee, which was favorable to the adoption 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:

Adams Almand Bland

Bradley Burnside Campbell

Cannon Clark Coker

TUESDAY, MARCH 11, 1941

635

Couch Daughtry Dobbs Dorsey Drake Edwards Fortson F1anklin Garner Gross

Guyton Hamilton Harrison Holt Houston Kiker Kirkland Lanier Lewallen Mason

McGehee Milhollin Mosley Park Pilcher Ragan Rowland Steed Sumner Whaley

Not voting were Senators: Bargeron, Barnhill, Coxon, Edenfield, Foster,

Hill, Martin, Odom, Smith of 24th, Smith of 35th, Striplin, and Wall.

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

On the adoption of the resolution, the ayes were 39, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

Senator Clark of the 44th moved that the Senate do now adjourn, and the motion prevailed.

The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

6"36

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
W cdnesday, March 12, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. G. W. Gasque, Pastor of St. Marks Episcopal Church of Dalton, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, Vice-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 Edwards of the 6th moved that the following bill of the Senate be withdrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted:

By Senator Campbell of the 34th, Smith of the 35th and others:
Senate Bill No. 203. A bill to provide the right of eminent domain to all corporations, foreign or domestic, for the purpose of carrying out any projects, constructions or developments where such project, construction or development is specifically declared by the President of the United States or by the Secretary of War of the United States or by the Secretary of Navy of the United States; and for other purposes.

Senator Lanier of the 18th moved to amend the motion by adding instructions to the Committee not to report the bill back to the Senate until March 21, 1941.

Senator Odom of the 9th called for the previous question.

On the call for the previous question, the aye~ were 28, nays 4, and the call was sustained.

The main question was ordered.

On the motion of Senator Lanier of the 18th to amend the motion of Senator Edwards of the 6th, Senator Lanier of the 18th 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:

Bargeron Bland Couch Dobbs

Garner Gross Guyton Hamilton

Hill Holt Kiker Kirkland

WEDNESDAY, MARCH 12, 1941

6'37

Lanier Martin 1\'Iason McGehee

Park Ragan Rowland Smith, 24th

Sumner Wall Whaley

Those voting in the negative were Senators:

Adams Almand Barnhill Bradley Burnside Campbell Cannon Clark Coker

Daughtry Dorsey Drake Edenfield Edwards Fortson Foster Harrison Houston

Lewallen l\'Iilhollin Mosley Odom Pilcher Smith, 35th Steed Striplin

Not voting were Senators: Coxon and Franklin,

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

On the motion of Senator Lanier of the 18th to amend the motion of Senator Edwards of the 6th, the ayes were 23, nays 26, and the motion was lost.

On the motion of Senator Edwards of the 6th to withdraw Senate Bill No. 203 from the Committee on General .Judiciary No. 2, have the same read a second time and recommitted, Senator Odom of the !Jth 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:

Adams Almand Barnhill Bradley Burnside Campbell Cannon Clark Coker

Dorsey Drake Edenfield Edwards Fortson Foster Franklin Harrison Lewallen Houston

::.\1artin Milhollin Mosley Odom Pilcher Smith, 35th Steed Striplin Sumner

Those voting in the negative were Senators:

Bargeron Bland Couch Daughtry Dobbs Garnel

Gross Guyton Hamilton Hill Holt :Kiker

Kitkland Lanier Mason ::.\1cGehee Park Ragan

638

JOURNAL OF THE SENATE,

Rowland Smith, 24th Not voting was Senator Coxon.

Wall Whaley

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

On the motion of Senator Edwards of the 6th, the ayes were 28, nays 22, and the motion prevailed.

Senate Bill No. 203 was with<;lrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted.

Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President:
Your Committee on Rules have had under consideration the following: Fixing calendar for the day, and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:

That immediately following the period of unanimous consents the following be established as order of business for the day:

1. Reports of standing committees and reading of bills the second time.

2. Introduction of new bills, reading first time and reference.

3. Local uncontested bills and resolutions.

4. Reading house bills first time and reference.

5. The following bills be set as special order for the day: Senate Bills Nos. 178, 148, IGG, 76, 98, 149, 152, 173, 184, and House Bills ,Nos. 49, 64,
Respectfully submitted, Edeniield of 4th district, vice-chairman.

The report of the Committee on Rules which established the order of business for the day was adopted.

The following privileged resolutions were read and adopted:

By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to Mrs. R. B. Mc-
"\Vhorter, wife of the former Senator.
By Senator Drake of the 8th: A resolution extending the privileges of the floor to Mrs. Sarah Thigpen,
lovely visitor from Americus.
By Senator Bland of the 12th: A RESOLUTION
Whereas, there has been laid on the desks of each Senator during the present sessions of the General Assembly, copies of the Macon Telegraph, and

WEDNESDAY, MARCH 12, 1941

639

Whereas, The :\1acon Telegraph is one of Georgia's strongest and most influential daily papers, be it,
Resolved, that we extend to The Macon Telegraph and its able editor, Hon. W. T. Andetson, our sincere thanks for this courtesy which has enabled us in keeping abreast of the times.
Resolved further, that a copy of this resolution be furnished The Macon Telegraph.
By Senators Fortson of the 50th and Burnside of the 29th: A RESOLUTION
Whereas, the 1941 Senate of Georgia has the good fortune to have as its presiding officer, one of the most outstanding and distinguished citizens of this great state, the Honorable Charles D. Redwine of Fayette County, the Senator from the 26th District, and
Whereas, the members of this Senate greatly appreciate the brilliant leadership of the Honorable Charles D. Redwine and his eminent fairness, sagacity and impartiality in all matters that have come before the Senate, and
Whereas, it is the unanimous opinion of this body that our beloved President has mac!c us one of the finest and most efficient presiding officers that ever officiated over the deliberations of any Senate of the State of Georgia, and
whereas, we would like to take this occasion to express to our Honorable President our love and esteem of him for his congenial disposition, his innate sense of fairness and honesty and for his all-round good fellowship "live and let live" spirit,
Now, the1efore be it resolved that this Senate do now go on record as heartily approving and commending our Honorable President for his splendid leadership and guidance during this 1941 session of the Senate of Georgia,
Be it further resolved that we reaffirm to him our deep-hearted love and affection for what he has meant to each of us personally and to the Senate collectively in expediting most fairly and impartially the business of this Georgia Senate.
Be it further resolved that the Secretary of the Senate be instructed to furnish the President, Charles D. Redwine, a copy of this resolution with our every good wish for his continued happiness and prosperity.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and re!lolutions of the House, to-wit:
By Messrs. Davis of Coweta, Bynum of Rabun, Greene of Jones, Bruce of Troup, Howard of Long, Smiley of Liberty, Taft of Atkinson and Gill of Bryan;

640

JOURNAL OF THE SENATE,

House Bill No. 237. A bill to be entitled an Act to provide that the State of Georgia assents to the provisions of the Act of Congress entitled an Act to provide that the United States shall aiel the States in wild life restoration projects, and for other purposes.
By Messrs. Gowen of Glynn, Vickers of Coffee, Mann of Whitfield and Bentley of Upson:
House Bill No. 27 4. A bill to be entitled an Act to amend Section 47101 of the Code of 1933, relating to the apportionment of members of the House of Representatives among the several counties by re-apportioning the members of the House of Representatives among the several counties according to the last census of the United States, and for other purposes.
By Mr. Pannell of Murray: House Bill No. 315. A bill to be entitled an Act to amend Section 32-
1402 of the Code of Georgia of 193:l, relating to proceeds of school bonds, how held and used; and for other purposes.
By Messrs. Dorsey of Cobb, Grice of Bibb, Key of Jasper, Gowen of Glynn, )llavity of Walker, Roberts of Walton and Rogers of Floyd:
House Bill No. 416. A bill to be entitled an Act to amend and revise the adoption laws set forth in Chapter 74-4 of the 1933 Code, providing for an investigation and report to the Superior Court in which the adoption is filed, on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes.
By Messrs. Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks and Elliott of Muscogee:
House Bill ~ o. 49!J. A bill to be entitled an Act to provide for the survival of suits commenced by or against public officers in their official capacity in favor of or against their successors in office in the event of death, removal, resignation or expiration of the term of such officers; and for other purpose3.
By Mr. Brooks of Mitchell: House Bill No. 505. A bill to be entitled an Act to amend an Act en-
titled General Tax Act so as to provide in regard to taxation of vending machines for dispensing articles composed partly of peanuts, pecans, and other nuts grown in the United States; and for other purposes.
By Messrs. Dorsey of Cobb and Dunaway of DeKalb: House Bill No. 592. A bill to be entitled an Act to amend Paragraph
43 of the General Tax Act of 1935, by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes.
By Mr. Fowler of Douglas: Hou~e Bill No. 610. A bill to be entitled an Act to amend an Act in-
corporating the To,wn of Douglasville, in the County of Douglas, to provide a new charter and municipal government for said town; and for other purposes.

WEDNESDAY, MARCH 12, 1941

641

By Mr. Fowler of Douglas: House Bill No. 611. A bill to be entitled an Act to amend an Act amend-
ing, consolidating and superseding the several acts incorporating the Town of Douglasville, and for other purposes.
By Mr. Williams of Ware:
House Bill No. 649. A bill to be entitled an Act creating the State Park Authority, authorizing the said Authority to construct, operate and maintain self-liquidating projects embracing the completion of the Confederate Memorial on the side of Stone Mountain, parks, recreational areas, lakes, housing accommodation and utilities and other facilities, etc., and for other purposes.

By Messrs. Sabados and Wetherbee of Dougherty, Ferguson and Suggs of Sumter:
House Resolution No. 44-239B. A resolution confirming the suspension of tax on motor fuels used in the training of air pilots, and for other purposes.
The following mesasge was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House and ordered the same immediately transmitted to the Senate, to-wit:
By Messrs. Bloodwot'th, Grice and Weaver of Bibb, Turner, Candler and Dunaway of DeKalb, and Williams of Jackson:
House Bill N' o. 165. A bill to be entitled an Act to make special appropriations fot the maintenance, operation and equipment of the Negro Division of the Georgia Training Schools for Girls, and for other purposes.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 565. Do pass.
Senate Bill No. 201. Do pass.
Senate Bill No. 205. Do pass.
House Bill No. 5!J7. Do pass.
Respectfully submitted, Prake of 8th district, chair!llan.

642

JOURNAL OF THE SENATE,

Y.Ir. Houston of the 51st 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 Sertate with the following recommendations:
Senate Bill No. 210. Do pass.
Respectfully submitted, Houston of 51st District, chairman.
Mr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bi!ls and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 63.
Senate Bill No. 112.
Senate Bill No. 168.
Senate Bill No. 190.
Senate Resolution No. 52-192A.
Senate Resolution No. 53-192B.
Senate Resolution No. 59-210B.
Respectfullly submitted, Hill of 36th district, chairman.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Mr. Dorsey of the 32nd: Senate Bill No. 201. A bill to create a Board of County Commissioners
of Roads and Revenues for the County of White; to provide for tre election and creation of said board; to provide for the election of their successors; to provide for the appointment of a road supervisor or road engineer for his compensation. to provide for the election of an attorney for said board and for his compensation and how paid; to provide for filling of vacancies, etc., and for other purposes.
By Mr. Couch of the 52nd: Senate Bill No. 205. A bill to provide for the recall of county commis-

WEDNESDAY, MARCH 12, 1941

643

sioners in Georgia in Counties having a population of 200,000 or more by the last or any future census of the United States; to provide funds for the same; and for other purposes.
By Mr. Houston of the 51st: Senate Bill No. 210. A bill to amend Title 92 (Public Revenue), Division
1 ("Sources of Revenue") Part IX, (Income Taxes) of the Code of Georgia of 1933 as amended by the Act approved March 28, 1935, and by the Act approved March 30, 1937, by amending section 92-3303, so as to provide for prompt determination of taxes due on income of decedent, or decedent's estate, and to limit the time, etc., and for other purposes.
By Mr. Phillip of Columbia: House Bill No. 565. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Columbia; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 597. A bill to repeal an Act entitled an Act to create a
Board of Commissioners of Roads and Revenue for the County of Johnson; provide manner of their election; to define their duties and powers; and for other purposes.
The follawing bills and resolutions were introduced, read the first time and referred to committees:
By Senator Edwards of the 6th: Senate Bill No. 215. A bill to provide a service ribbon and medals of
honor for citizens of this state who entered the service of the United States of America in the war with the German empire and its allies as a volunteer or otherwise; and for other purposes.
Referred to Committee on :\1ilitary Affairs.
By Senator Edwards of the 6th: Senate Bill No. 216. A bill to amend Chapter 57-1 of the Code which
deals with interest and usury by striking Section 57-101 and substituting in lieu thereof a new section to provide that the legal rate of interest shall be six per cent under all circumstances notwithstanding any contract or agreement to the contrary; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senator Couch of the 52nd: Senate Bill No. 217. A bill to amend an Act entitled "An Act to create
a new charter for the City of East Point", and the several Acts amendatory thereof; and for other purposes.
Refcned to Committee on Municipal Government.
By Senator Dorsey of the 32nd: Senate Bill No. 218. A bill to establish state sta.rglards of weights and

644

JOURNAL OF THE SENATE,

measures; to provide for the receipt of primary standards of both weight and measure from the U. S. Bureau of Standards, to be known as State Standards; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Senators Garner of the 47th, Rowland of the 16th, and Sumner of the 1Oth: Senate Resolution No. 60-214A. A resolution requesti'1g the Legislature
of \Vashington not to pass legislation which further raises the tax on cotton seed and peanut oil. and for other purposes.
Ordered to lay on the table one day.
The following local uncontested bills of the Senate and House were read the third time and put upon their passage:
By Senator Dorsey of the 32nd: Senate Bill No. 181. A bill to create the City Court of Cleveland in and
for the County of White and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, \\as passed.
By ~enator Couch of the 52nd: Senate Bill No. 18\J. A bill to amend an Act approved March 16, 1939,
(Ga. Laws 1U3U, page 278) entitled an Act to provide that Counties having a population of more than two hundred thousand by the United States census of 1920 or any wbsequent census shall furnish aid and relief and pensions to regular members of County police departments, but not to supernumeraries; and for other purposes.
The report of the committee, \\ hich was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Whaley of the 45th: Senate Bill No. lUG. A bill to amend an Act approved August 1, 1918, en-
titled "An Act to amend, by substitution, an Act creating a new charter of the City of l\1cRae, and to consolidate the Acts relating to the acts and powers of said corporations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
';['he bill, having received the requisite constitutional majority, was passed.

wEDNESDAY, MARCH 12, 1941

645

By Senator Campbell of the 34th: Senate Bill No. 206. A bill to amend the charter of the City of Coving-
ton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was ag-reed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, havin.g received the requisite constitutional majority, was passed.
By Senator Campbell of the 34th: Senate Bill No. 207. A bill to amend an Act incorporating the City of
Covington; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having 1eceived the requisite constitutional majority, was passed.
By Mr. Vickers of Coffee and Mr. Taft of Atkinson: House Bill No. 90. A b1il to amend an Act aesignadng the Highway
Mileage by adding aclditional mileage in Coffee and Atkinson; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Etheridge and Kenrlrick oi Fulton: House Bill No. 170. A bill to amend the County Board of Health Act so
as to provide that a member of the Board of County Commissioners other than the Chairman may sit upon same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, )Jessrs. Etheridge and Kendrick of Fulton: House Bill No. 441. A bill to amend the pension system for Fulton
County Police to providL' a pension for J. \V. Ball, Sr.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On th.o passage of the bill, the ayes were 41, nays 0.

646

jOURNAL OF THE SENATE,

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

By Messrs. Heard of Elbert, and Richardson of Hart: House Bill No. 185. A bill to amend Section 45-505 of the Code, to
provide the conditions under 'which this Act shall remain operative; to repeal conflicting 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Clements of Calhoun and Gavin of Clay: House Bill No. 203. A bill to amend the Highway Mileage Act by adding
certain mileage to the State Aid System of Roads; and for other purposes.
The report of the committee, which '\Vas favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Smith of Barrow: House Bill No. 232. A bill to provide for holding four terms a year of
the Superior Court of Barrow County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.
By Messrs. Dunaway, Candler, Turner of DeKalb, and Etheridge, Kendrick and Mrs. Mankin of Fulton:
House Bill No. 234. A bill to provide a pension for the Police Department in Cities having a population of 150,000 or more in the State of Georgia according to the last census 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Dallas, Caldwell, and Bruce of Troup: House Bill No. 261. A bill to amend an Act entitled "Highway Mileage"
by adding a certain road to the State Aid System of Roads. and for other purposes.

WEDNESDAY, MARCH 12, 1941
The repott 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 0. The bill, having received th~ 1equisite constitutional majority, was passed.
By Mr. Welsch of Cobb: House Bill No. 293. A bill to amend Section 34-1302 of the Code, 1elating
to 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 41, nays 0.
The bill, having received the requisite constitutional majority, '\Vas passed.
By .Messrs. Gray of Houston, Dupree of Pulaski and Bloodworth of Bibb: House Bill No. 295. A bill to amend an Act entitled "Highway Mileage''
for 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Wilbanks of Cherokee: House Bill No. 325. A bill to authorize any County in this State having
a population of between 20,120 and 20,130, to pass through the Board of County Commissioners, 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. McClure of Catoosa, Kelley and Mavity of Walker: House Bill No. 364. A bill to amend the Highway Mileage Act so as to add
to the map a road in Catoosa and Walker Counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, 'l.vas agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bowen of Pierce and Jones of Brantley: House Bill No. 446'. A bill to amend an Act entitled "Highway Mileage"

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JOURNAL OF THE SENATE,

so as to add to the map the road leading from Blackshear to Trudie; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Davis of Coweta: House Bill No. 473. A bill to amend an Act relating to salaries of clerk
in lieu of fees by making said Act applicable to counties on the basis of the 1930 census only; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Gill of Bryan: House Bill No. 573. A bill to describe, define, and officially name a
system of coordinates in designating the position of points on the surface of the earth within Bryan County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Moate of Hancock: House Bill No. 002. A bill to amend an Act to incorporate certain
churches and camp grounds; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional maj01ity, was passed.
. By ::\'Ir. Strickland of Haralson: House Bill No. 621. A bill to amend the charter of the City of Bremen so
as to extend the corporate limits of said City; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, :\fARCH 12, 1941

649

By :\fessrs. Smith and Smitha of Canoll: Hou~e Bill No. 642. A bill to amend an Act creating a charter for the
Town of Bowdon; and for other purposes.
The report 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 f)
The bill, having received the requisite constitutional majority, was passed.
By Mr. Heard of Elbert: House Bill No. 645. A bill to amend an Act incorporating: the City of
Elberton so as to allow the officials of said City to enact zoning and planning laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dyal of Appling: House Bill No. 650. A bill to amend 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 41, nays fl.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Davis of Coweta: House Bill No. 651. A bill to amend an Act to create a new charter for
the City of Newnan; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Gowen of Glynn, Dyal of Appling, Anderson of \Vayne, Bennett of Jeff Davis, and Ferguson of Camden:
House Bill No. 303. A bill to amend Sections 24-3103 and 24-3104 of the Code relating to the compensation for the Court Reporter in 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.

650

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Kaigler of Quitman: House Bill No. 375. A bill to amend an Act "Highway Mileage" known
as the Neill-Traylor 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bowen of Pierce, Bates and Williams of \Vare: House Bill No. 453. A bill to amend an Act entitled "Highway Mileage"
by adding to the Traylor-Neill map a road leading from the City of Blackshear and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. McNall, Grayson and Atkinson of Chatham: House Bill No. 507. A bill to amend the Highway :Ylileage Act, so as to
place Montgomery Street extension, in Chatham County, on State Road 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 495. A bill to provide the dates oi holding four terms of
the Superior Court of Chatham County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 556. A bill to amend the Acts incorporating the Town of
Savannah Beach formerly known as the Town of Tybee in Chatham County, Georgia; and for other purposes.

WEDNESDAY, MARCH 12, 1941

651

The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 633. A bill to regulate the salaries of stenographic re-
porters of the Superior Courts of all Judicial Circuits of this State in all Counties havi!lg a population of not less than 50,000 or more than 55,000; 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 629. A bill to amend the charter of the City of Colum-
bus; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority was passed.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 630. A bill amending the charter of the City of Colum-
bus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 631. A bill granting express authority to the City of
Columbus to erect and maintain a public passenger station, between the two highways on Broadway between Eleventh Street and Twelfth Sheet; and for other purposes.
The report 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 0.

652

JOURNAL OF THE SENATE,

The bill, having received the requi,;ite constitutional majority, was passed.

By Messrs. Elliott and \Vohlwender of Muscogee County: House Bill No. 632. A bill authorizing the City of Columbus to incur
expenses in the lighting, heati"g or maintl'nance of a pas,;cnger station in the center of Board Street, in front of the Rankin House in said city for the use of the g:eneral public, authorizing the City of Columbus to take possession of said building:, operating anrl maintaining the same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreecd to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Smith of Barrow: House Bill No. 267. A bill to repeal an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Barrow; and for other purposes.
The committee offered the following amendment which was adopted:
Senator Almand of the 27th moves to amend House Bill No. 2G7 by adding a new section to be appropriately numbered to precede immediately the repealing clause reading as follows;
Section No. 22A. Be it further enacted that thi,; Act shall not go into effect until July 1, 1941, and then only after the same has been submitted to the qualified voters of Barrow County, Georgia, at the general elections to be held in June 1!J41. On the date of said election the Ordinary of Banow County shall fumish to said qualified voters of Barrow County the question of "for ratification" or "against ratification" of this Act by printed ballot,; to be appropriately worded for the purpose of such submission.
Should a majority of those voting in said election, vote for ratification, then this Act shall take effect on July 1, HJ41, but if a majority of those voting in said election on this proposal vote against ratification then this Act shall be of no force or effect. The returns of said election shall be made by the managers after consolidation to the Ordinary of Barrow County who shall declare the results and enter same on the minutes of the Court of Ordinary of Barrow 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following local resolutions of the House were read the third time and

WEDNESDAY, MARCH 12, 1941

653

put upon their passage:

By l\ir. Hart of Thomas: House Resolution No. 46'-259A. A resolution providing that the Ordinary
of Thomas County be furnished certain copies of the Georgia Supreme Court Report~; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

By Mr. Looper of Dawson: House Re~olution No. 53-2!J7B. A resolution authorizing the State Li-
brarian to furnish to the Clerk of the Superior Court of Dawson County certain volumes of the Georgia Reports; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Edenfield of the 4th moved that the Senate do now adjourn and reconvene this afternoon at 2 o'clock, and the motion prevailed.
The President announced the Senate adjourned until this afternoon at 2 o'clock.
The Senate reconvened at 2 p.m. and was called to order by the President.
The following local resolution of the Senate was read the third time and put upon its passage:
By Senator Whaley of the 45th: Senate Resolution No. 54-l!J5A.
A RESOLUTION
An Act to propose to the qua!i;:ied voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Irwin County by vote of its fiscal authority to issue, in addition to all other bonds, Funding :Bonds sufficient in amount to pay off and retire the designated wa1Ta:1t indebtedness of said 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 pwhibiteti 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

654

JOURNAL OF THE SENATE,

checks shall be executed- to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 purposes:
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
Section 1. 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 paragraph in the following words and language, to-wit:
Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restliction as to the limitation of taxable values of property for bond purposes, Irwin County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 clays next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds."
In the event the privilege granted herein is exercised by said County after said elate as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on t:1e 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 County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depositor;{ or depositories holding the funds of said County, and in no other way; no sucn checks to be iswed and delivered unless funds arc on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive officer of said governing authority, and countersigned by one other member thereof with the right in said governing aut'lority to borrow money to supply casual deficiencies i!l revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for usc all or in part i!l the operation of said County for the ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of

WEDNESDAY, MARCH ~2, 1941

655

said County after the date determined by the governing authority for the issuance of funding bonds shall in any wise affect or impair the validity of said funding bonds.
Said funding bonds shall have such terms and provisiOn as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from elate of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said funding bonds as they respectively become clue, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said funding bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Irwin County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and u>J.der the procedure as is provided by Jaw 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 e1e 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 Irwin County to issue funding bonds, and thereafter to operate on a cash basis, and for other purposes", and all persons opposed to the adoption of said amendment shall have written or printed on their ba!Jots the words "Against ratification oi amendment to Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize Irwin County to issue funding bonds, and thereafter to operate on a cash basis, 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 As5embly, then said 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 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 adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE,

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:

Adams Almand Bargeron Barnhill Bland Burnside Campbell Cannon Clark Coker Daughtry Dobbs Dorsey

Drake Edenfield Fortson Foster Gross Guyton Hamilton Hill Houston Kiker Kirkland Lanier Lewallen

Mason .:\filhollin Mosley Park Pilcher Ragan Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Bradley, Couch, Coxon, Edwards, Franklin, Garner, Harrison, Holt, Martin, McGehee, Odom, and Rowland.

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

On the adoption of the resolution, the ayes were 38, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

The following resolution of the Senate was read and adopted:

By Senator Redwine of the 26th: A RESOLUTION
whereas, the Senate of the State of Georgia is now in session and during the last two weeks have been very busy with two sessions daily, and will probably have night S(Ssions soo'1 to expedite the business of said Senate;
whereas, the great majority of the membership are a long distance from home and the time for filing Income Tax Returns without penalty expires on next Saturday, March 15, 1841,
Be it therefore resolved by the Senate that the Honomble Marion Allen, Collector of Internal Revenue and Honorable Jack Forrester, State Revenue Commissioner be apprised of our peculiar situation and that the said gentlemen be and they are hcreb:, requested to obtain for the members of the Senate and attaches a reasonable extension of time after March 15, 1841 for filing Income Tax Retums, and that they be given a copy of this resolution and are requested for their early reply respecting this matter.
The following bills of the House were read the first time and referred to committees:

WEDNESDAY, MARCH 12, 1941

657

By Messrs. Bloodworth, Grice, and weaver of Bibb, Turner, Candler, and Dunaway of DeKalb, and Williams of Jackson:
House Bill No. 165. A bill to appropriate to the State Department of Public \Velfare, in addition to any other appropriation made thereto, certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls, etc., and for other purposes.
Referred to Committee on Training Schools.
By Messrs. Davis of Coweta, Bynum of Rabun, Greene of Jones, Bruce of Troup, Howard of Long, Smiley of Liberty, Taft of Atkinson and Gill of Bryan:
House Bill 1\o. 237. A bill to empower and direct the Conservation Department to perform such Acts as may be necessary to the establishment of cooperative wild life restoration projects between the State and the United States Department of Agriculture; and for other purposes.
Referred to Committee on Conservation.
By Messrs. Gowen of Glynn, Vickers of Coffee, Mann of Whitfield and Bentley of Upson:
House Bill No. 274. A bill to amend Section 47-101 of the Georgia Code of 1933 relating to the apportionment of members of the House of Representatives among the several counties according to the last census of the United States; and for other purposes.
Referred to Committee on Congressional and Legislative Reapportionment.
By .:vir. Panmll of }1m-ray: House Bill No. 315. A bill to amend Section 32-1402 of the Code of
Georgia of 1933, relating to "proceeds of school bonds, how held and used"; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By l\Lssrs. Dorsey of Cobb, Grice of Bibb, Key of Jasper, Gowen of Glynn, Mavity of \Valker, Roberts of Walton and Rogers of Floyd:
Route Bill ~o. 416. A bill to amend and revise the adoption laws set forth in Chapter 74-4 of the Code of 1933, providing for an investigation and report to the Superior Court in which the adoption is filed on the proposed adoption b:; the State Department of Public Welfare where facilities are available; and for other purposes.
Referred to Committee on Special Judiciary.
By :\Iessrs. Evans of l\IcDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks and Elliott of Muscogee:
House Bill No. 499. A bill to provide for the survival of suits commenced by or against public officers in their successors in office in the event of death, removal, resignation or expiration of the Lrm of such officers; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Dorsey of Cobb and Dunaway of DeKalb:

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JOURNAL OF THE SENATE,

House Bill No. 5,92. A bill to amend Paragraph 43 of the General Tax Act of 1935 by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes.
Referred to Committee on Finance.
By Mr. Fowler of Douglas: House Bill No. 610. A bill to amend an Act incorporating the Town of
Douglasville, in the County of Douglas, to provide a new charter and municipal government for said town; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Fowler of Douglas: House Bill No. 611. A bill to amend an Act amending, consolidating and
superseding the several Acts incorporating the Town of Douglasville, in the County of Douglas; and for other purposes.
Referred to Commitec on Municipal Government.
By Mr. Williams ol" Ware: House Bill No. 64\J. A bill creating the State Park Authority; authorizing
the Authority to construct, operate and maintain self-liquidating projects embracing tl;e completion of the Confederate Memorial on the side of Stone l\Iountain, parks, recreational areas, lakes, housing accommodations and utilities and other facilities, etc.; and for other purposes.
Referred to Committee on Conservation.
By Messrs. Sabados and Wetherbee of Dougherty, Ferguson and Suggs of Sumter:
House Resolution No. 44-239B. A resolution confirming suspension of tax on motor fuels used in the training of air pilots; and l"or oth2r purposes.
Referred to Committee on Aviation.
By :vir. Brooks of Mitchell: House Bill No. 505. A bill to amend the General Tax Act so as to
provide for taxation of ve1ding machines; and for other purposes. ReL:rr~d to Committee on Agriculture.
The following general bills of the Senate were read the third time and put upon their passage:
By Senator Redwine of the 26th: Senate Bill No. 178. A bill to restrict and limit the jurisdiction of the
State Board of Tax Appeals; and I or other purposes.
The report of the committee, which was favorable to the passage of the bill, -.ms agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 12, 1941

.,_ ..

659

By Senators Coker of the 39th and Cannon of the 40th:
Senate Bill No. 148. A bill to repeal Sections 3 and 4 of an Act authorizing any fraternal benefit society in this state to issue benefit certificates to its members in accordance with its laws providing for the establishment of its membership into divisions and classes of the same age of entry; and for other purposes.
Senators Coker of the 39th and Cannon of the 40th offered the following substitute which was adopted:
A BILL
To be entitled an Act to amend Section 56-1638 of the Code of Georgia of 1933 governing the issuance of benefit certificates by Fraternal Benefit Societies or Orders to Citizens of this State of certain contracts or certificates called Contingent Endowment Certificates to be paid from special funds for that purpose, by means of dividing members into divisions and classes and to require such fraternal benefit societies or orders hereafter issuing snch certificates to place such members in divisions and classes in existence at the time of the passage of this Act; to require such fraternal benefit societies or orders to deposit with the State Treasurer of Georgia as security for the benefit of all certificate holders, securities of the face value of five thousand dollars, which are, by the Jaws of this State, a legal investment for the funds of insurance companies, the same to be approved by the Insurance Commissioner and to provide for an increase of said deposit by increasing said deposit in proportion to the number of contingent endowment certificates or contracts in force at the time of filing reports as hereinafter provided; to require such societies or orders to register with the Insurance Commissioner the name and address of each certificate holder, the number of each certificate, the amount of benefit, the division and class of each certificate holder, and the position of each certificate holder in such division and class and to provide that such information shall be confidential with the Insurance Commissioner and shall not be divulged to any other person; to prohibit any such society or order from issuing what is known as a "Persistency Endowment Contract;" to provide that if there shall be only one certificate holder in a division, and he should die, that the contingent endowment provided for shall be paid to the surviving member in such class whose contract has been in force the longest period of time; to require the maintenance of a reserve upon such contingent endowment contracts; to further regulate the issuance of such contingent endowment certificates; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted and it is hereby enacted by the General Assembly of Georgia:
Section 56-1638 (a}. No fraternal benefit society or order, operating or hereafter operating in this State, shall hereafter be permitted to issue any certificate or contract to members providing for the grouping of its members into groups and divisions, clasified according to age and providhg for the payment of contingent endowment benefits by whatever name called, from f,pecial funds created for such purpose to the oldest member in seniority of

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JOURNAL OF THE SENATE,

the group and division, except as is hereinafter provided.
(b) No fraternal benefit society or order shall hereafter issue such contingent endowment certificate by whatever name called to a member, and place such member in any division and class other than a division and class in existence at the time of the passage of this Act and containing subsisti,,g certificates.
(c) No fraternal society or order shall issue any such contingent endowment certificate, by whatever name called unless it shall, within thirty (30) days after the passage of this Act, deposit with the Treasurer of the State of Georgia securities which are by the lavs o~ this State a legal investment of the funds of insurance compa o:ics and of the ~ace value of five thousand ($5,000.00) dollars for the security of the payments of benefits to all certificate holders, said securities to be first approved by the Insurance Commissioner, and such fraternal benefit society, or order making such deposit shall hereafter, on or before the filing of the list of contingent endowment certificate holders as provided in section (d) of this Act increase said deposit by the sum of five thousand ($5,000.00) dollars in such securities for each additional one thousand (1,000) or fractional part thereof of all certificate holders until said deposit shall amount to twenty-five thousand ($25,000.00) dollars. Said deposit to be subject to the provisions of Code Sections 56-302 to 305, inclusive.
(d) Any such society or ord:cr desiring to continue the writing of said certificates after the passage of this Act, shall register with the Insurance Commissio,er the name and address of each certificate holder, and the position of each certificate holder in such division and c]a,s, within hirty (:lO) days after the passage of this Act, and therea;ter the same information shall be furnished to the Insurance Commissioner by the 15th clay of January and again on the 15th day of July of each year. All of such information shall be confidential 1Yith the Insurance Commissioner and shall not be divulged by him to any other person.
(e) After the passage o~ this Act, it s'.1all be unla.yful for any such fraternal benefit society or order to issue what is known as a "persistency endowment contract", which is a contract that provide~ upon the cLath of a member of such class, division and age that an equal amount will be divided among the then living members of such class, division and age.
(f) If there shall be only one ( 1) certificate holcLr in a division and he should die without leaving a member in such division entitled to receive said contingent endowment, such society or order shall pay such contingent endowment to the surviving member in such class whose contract has been in force the longest period of time. Such society or order, in order to pay such endowments as they severally mature, as .-,ell as to pay all ot'1e1 benefits incorporated in such certificatcs or contracts, now or hereaftPr operatin.g upon this plan in this State, shall establish and maintain o~, each such policy a reserve upon a basis not lower than t!lC American Experience Table of Mortality, Modified Preliminary Term, Illinois Standard, and interest assumption

WEDNESDAY, MARCH 12, 1941

661

of three and one-half per centum, covering each contingency provided for in such certificate.
(g) Any such society or order failing to comply with the terms of this Act or operating in violation of this Act, shall forfeit its right to do business in this State, and any officer of such society or order violating the provisions of this Act shall be guilty of a mis~emeanor and upon conviction thereof shall be punished as provided b Section 27-2506 of the Code of Georgia 1933.
(h) This Act shall become effective upon its approval by the Governor.
(i) All laws and patts 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 32, nays 0.
The bill, having reCL'ived the requisite constitutional majority, was passed l:y substitute.
Senator Cannon of the 40th asked unanimous consent that Senate Bill No. 148 be immediately tmnsmitted to the House, and the consent was granted.
By Senator Couch of the ii2nd: s~nate Bill Ko. loG. A bill authorizing and empowering Judges of Su-
perior Courts to continue Grand Juries in session beyond the end of 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 agTeed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite co:1stitutional majority, was passed.
By Sonator Couch of the 52nd: Senate Bill 1\'o. 76. A bill to amend Section 27-2702 of the Code relat-
ing to the powers of courts to place offenders on probation by further enlarging the powers of court as to cases of abandonment or bastardy; and for other purposes.
Tho report 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 constitutio"!!al majority, was passed.
By Senator Redwine of the 26th: Senate Bill No. !l8. A bill to amend Section 4 of an Act creating the
State Board of Education, so as to permit said Board to accept gifts, donations, etc.. and for other purposes.

662

JOURNAL OF THE SENATE,

Senator Redwine of the 26th asked unanimous consent that Senate Bill No. 98 be withdrawn from further consideration of the Senate, and the consent was granted.

By Senators Redwine of the 26th and Edwards of the 6th:
Senate Bill No. 149. A bill to amend an Act fixing the compensation of members of County Boards of Education; and for other purposes.
Senator Lanier of the 18th offered the following amendment which was adopted:
Lanier of the 18th moves to amend Senate Bill No. 149 as follows: By amending the caption . of said bill by changing the period after the word "educator" to a comma, and adding the words "with the exception of the Richmond County Board of Education", and by amending the body of the bill by adding after the last paragraph of the bill a new paragraph to read as follows:
Provided, however, nothing herein before provided shall apply to any member or official now or hereafter of the Richmond County Board of Education, and provided further that the Act appearing in the Georgia Laws of 1937, pages 1408 and 1409, entitled An Act to amend an Act entitled: "An Act to amend an Act to regulate public instruction in the County of Richmond, approved August 23, 1872, so as to reduce the number of members of the county board of education so that it will consist of two representatives from each ward in the City of Augusta and one representative from each Militia District located wholly or in part without the limits of the City of Augusta; to prescribe the qualifications and terms of office of the members of said board of education, and the time and manner of their election; to put the control of the expenditures of all funds of the said board into the board as a whole; to provide for the method of determining the length of school terms in rural schools; to terminate the tenure of office of certain of the present members of the board of education on the second Saturday of January 1930; to prescribe the powers and duties of said board, and for other purposes," approved July 22, 1929, so as to refix the salary of the president of said board and to fix the salary of the vice-president of said board, and so as to refix tile per diem of each member of said board exclusive of the president and vice-president thereof and to limit the amount each of such members of said board shall receive annually as a member of said board, and in so doing to strike from said amendatory Act Section 7 thereof and insert in lieu thereof another Section 7; and for other purposes", is not repealed and is in no way affected.
Senators Adams of the 31st, Edwards of the 6th, and Dorsey of the 32nd offered the following amendment which was adopted:
Adams of the 31st, Edwards of the 6th, and Dorsey of the 32nd, move to amend Senate Bill No. 149 as follows: By adding thereto a new paragraph to be known as Section 2, and to read as follows:

WEDNESDAY, MARCH 12, 1941

663

"Provided this bill shall not go into effect in a~~y county in this State until same is recommended by two successive Grand Juries of the County."
The report of the committe, 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 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cannon of the 40th asked unanimous consent that Senate Bill No. 149 be immediately transmitted to the House, and the consent was granted.
By Senators Coker of the 39th, Almand of the 27th, Cannon of the 40th, Milhollin of the 46th, Mosley of the 15th, and Sumner of the lOth:
Senate Bill No. 152. A bill to defil~e and provide for the abatement of certain public nuisances; and for other purposes.
Senator Drake of the 8th offered the following amendment which was adopted:
Senator Drake of the 8th moves to amend Senate Bill No. 152 by adding to the end of the second Section of said bill, the following:
"Provided however, that this law shall not apply to practitioners of Accountancy, Architecture, Barbering and Hairdressing, Chiropody, Chiropractic, Dentistry, Emblaming, Engineering and Surveying, Medicine, Nursing, Optometry, Osteopathy, Pharmacy, Real Estate Brokers, and salesmen, and veterinary medicine" in Counties having a population of not less than 8,485 nor more than 8,500 population according to the census report of 1940.
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 1.
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 the report of the conference committee:
By Senators Campbell of the 34th, Smith of the 35th, Coxon of the 2nd, Coker of the 39th, Striplin of the 37th, and Harrison of the 23rd:
Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt; and for other purposes.
The committee on conference submitted the following report:
Mr. President, Mr. Speaker:
Your committee on conference appointed by the President of the Senate

664

JOURNAL OF THE SENATE,

and the Speaker of the Houge to con[er on Senate Bill No. 70, beg leave to submit the following report:
1st: We recommend that the Senate recede from itg action in failing to adopt House substitute.
2nd: We recommend that the Houge recede from its action in insisting on the adoption of the House substitute.
3rd: \Ve recommend that the House and Senate adopt the substitute hereto attached.
Respectfullly submitted,
J. Bugh Mims, T. G. Callaway, Jr., of Newton and Gross of Stephens, on the part of the House.
J. A. Drake, Cooper Bradley, D. G. Bland, on the part of the Senate.
The substitute offered by the Committee on Conference was as follows:
A BILL To be entitled an Act to prohibit livestock running at large within the corporate limits of the City of Colquitt, Miller County, Georgia; to provide for the impounding of said livestock; to provide regulations, procedures and changes relative to the impounding and sale thereof; to provide duties; to repeal conflicting city ordina!lces and State laws; and for other purposes.
Be it enacted by the General Agsembly of Georgia:
Section 1. From and after the passage of this Act it shall be unlawful for any hog, cattle, horse, mule, ass, sheep, or goat to run at large within the corporate limits of the City of Colquitt, located in :\1iller County, Georgia.
Section 2. That all of said animals enumerated in Section 1 found running at large in the City of Colquitt may be impounded; provided, however, the fee for impounding a hog, sheep or goat shall not exceed five (;)c) cents, and provided, that the fee for impounding cattle, horse, ;11ule and ags ghall not exceed ten (1 Oc) cents. Provided further that no bill for feeding such impounded animals shall be allowed until a period of one ( 1) day has elapsed from the date said animal was impounded. Provided further that after the expiration of one ( 1) day not more than ten (1 Oc) cents per day he charged for feeding any hog, sheep or goat and not more than fifteen (15c) per day shall be charged for feeding any cattle, horse, mule, ass, which have been impounded.
Section 3. Any animal impounded by said authorities of Colquitt may be sold as may be provided by ordinance of said city, but any gale of any impounded animal must be advertised for a period of not lesg than ten ( 10) days by placing notice of such sale upon the bulletin board at the court house and also in at least three (3) other conspicuous places on the court house square in the City of Colquitt.

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6'65

Section 4. All sales for impounded animals in the City of Colquitt shall be held only on Saturday afternoon between t'w hours of three ar,d four o'clock
o: and the said ~ales shall be held in front the court house door in the City
of Colquitt. ProYided, that the impounded animals which are to be o::'fered for sale must be present in front of the Courthouse at the time w~~en sold so t!oat they may be examined by the public. Provided also that no official or employee of the City of Colquitt shall be allowed to bid or to buy impou!ded animals at such sales in his own right but sc1ch officials or employees of the City of Colquitt may bid at sue'! sales and buy such impo~mded animals in the name of and for the City of Colquitt, Georgia, provided that no official or employee shall bid more than the amount of money involved in the impounding fee and feed bill for any such impounded ani;nal. Provided further that all mo;e~ derived -::rom such sales in excess of the impounding fee and feed bill shall be placed in a special fund, to be there kept, and paid to the owner of such stock, provided that he claims the same within a period of twelve (12) months from the date of such sale and provit!ed further that if said fund is not claimed by the owner of such stock at the expiration of twelve ( 12) months from the date of such sale, then these funds shall become a part of the general fane! of the City of Colquitt, Georgia.
Section 5. within twenty-four (24) hours from the date any an.imal dcscribed in this Act is impounded for running at large in the City of Colquitt, the said animal must be registered by the official or employee impounding the same with the City Clerk, in a book to be kept by the said City Clerk for that purpose, and there shall be entered by the Clerk a full and complete description of the animal so impounded, including the size, mark, brand, approximate weight, and color of the impounded animal. Such official or employee as may conduct sale of any animal described in this Act shall report said sale to t!-Je Clerk of the Cit:; of Colquitt and the said City Clerk shall record such sale, the amocmt such animal bou_ght at the sale, the proper description of the animal sold, the date of the sale and the person to whom the sale was made, in a book to be k~pt by him for this purpose as a permanent record. Provided that ar.y sale of impo~mded livestock in the City of Colquitt, not held in con:ormity with the terms of this Act shall be void.
Section 6. This Act shall not become effective until the full text of the same has appeared in the nevspaper in whicn the Sheriff of Miller County, Georgia, regularly advertises his sales for at least one ( 1) issue.
Section 7. If any part of this Act should bco declared invalid by a court of competent jurisdiction such fact shall not invalidate the remaini'1g part of this Act.
Section 8. All resolutions, by-laws, or ordinances o: the City of Colquitt in force at the time of the passage of this Act or which may be passed or adoptl'd by the :\'layor and Council of said City of Colquitt subsequent to the passage of this Act which are in conflict with any provision hereof be and the same are hen'by repealed and declared to be wholly r.ull and void.
Section 9. All laws and parts of laws in conflict with this Act be and the

JOURNAL OF THE SENATE,
ame are hereby repealed. Senator Drake of the 8th moved that the report of the Committee on
Conference be adopted, and the motion prevailed.
Senator Lanier of the 18th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjou1ned until tomorrow mo1ning at 10 o'clock.

THURSDAY, MARCH 13, 1941

667

Senate Chamber, Atlanta, Georgia, Thursday, March 13, 1941.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Revere;1d Harold C. Smith, Director of Religious Education for the Presbytery of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Pilcher of the 7th, member 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.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration fixing the calendar for the day and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
That immediately following the period of unanimous consents, the following be established as the order of business for the clay:
1. Reports of standing committees and reading of bills second time.
2. Introduction of new bills, reading first time and reference.
3. Local uncontested bills and resolutions.
4. Reading House bills first time and reference.
5. The following bills be set as a special order for the day: Senate Bills Nos. 173, 184, 133, 210, 75, 200; House Bills Nos. 49, 6'4, 67.
Respectfully submitted, Edenfield of 4th distlict, vice-chairman.
The report of the Committee on Rules which established the order of business for today was adopted.
Pursuant to Senate Resolution No. 13, which directed the Surveyor General of the State of Georgia to survey the State line between Georgia and North Carolina, and Georgia and Tennessee, the President appointed as a committee to act on the part of the Senate, the following: Senator Kiker of the 41st; Senator Cannon of the 40th, and Senator Lanier of the 18th.
The following privileged resolutions were read and adopted:

668

JOURNAL OF THE SENATE,

By Senator }fason of the 30th:
A resolution extending the privileges of tlH> floor to the Honorable Louie Morris, distinguished citizen of Hartwell, Georgia.

By Senator Edwards of the 6th: A resolution extending the privileges of the floor to the Honorable A. L.
Hughes, former State Senator, and the Honorable G. A. Gibbs, prominent visitol'R in the Capitol.
By Kirkland, Chairman from the Senate, and BrookR, Chairman from the House: A RESOLUTION
Whereas, the Committel' from the Senate aHI House of Representatives visited Chattanooga, TcnneRsee, on the 7th and 8th of March, 1941, to inspect the property of the State of Georgia, and
WhereaR, the Hon. W. A. Swindell, Superintend.:nt, and other employees of the \Y. and A. Railroad were very courteous and genteel to the members on this trip,
Therefore, be it resolved by the memberR of the Committee from the Senate and House of Reprlser,tatives that "-'e extend to the:11 our sincere thanks and appreciation for the many courtesieR ~hown us on thiR trip.
That a copy of this rt:solution be furniRhed to the Superintendent.
Mr. Daughtry of the 21st District, Chairman of the Committee on :\1unicipal Government, submitted the following report:
:Mr. President:
Your Committee o"l Municipal Government have had under considcration the following bills of the House and Senate and have instructed me as Chairman, to report the ~.ame back to the Senate with th.: following recommendations:
House Bill No. G80. Do pass.
House Bill No. G91. Do pass.
House Bill No. G78. Do pass.
Senate Bill No. 204. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on CoU!Jties and County Matters have had under consideration the following bills of the House and have instructed me as Chair-

THURSDAY, MARCH 13, 1941

669

man, to report the same back to the Senate with the following recommendations:
House Bill No. G48. Do pass.
House Bill No. 571. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Drake o~ the 8th District, Chairman of the Committee on Counties and County :\Tatters, s~1bmitted the following report:
l\Ir. President:
Your Committee on Counties a"''d 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. 201. Do pass.
Senate Bill No. 212. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
::VIr. Houston of the :; 1st District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
:\1r. Preside 't:
Your Committee on Gl'neral Judiciary No. 1 have had und'cr consideration the following bills ol' the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 118. Do pass.
Senate Bill No. 202. Do paEs.
Respectfully submitted, Houston of 51st distl'ict, chairman.
Mr. Clark of the 44th District, Chairman of the Committee on State of the Republic, submitted th~ followi1g report:
l\Ir. President:
Your Committee on State of the Republic have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 214. Do pass.
Respectfully submitted, Clark of 44th district, chairman.

670

JOURNAL OF THE SENATE,

Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the follO"wing report:
1\:lr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 287. Do pass.
House Bill No. 198. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Guyton of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 188. Do pass as amended.
House Bill No. 162. Do pass.
Respectfully submitted, Guyton of 1st district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
1\ir. 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 recommendations:
House Bill No. 589. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Holt of the 48th District, Chairma?J of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

THURSDAY, MARCH 13, 1941

671

House Bill No. 189. Do pass.
House Bill No. 190. Do pass.
House Bill No. 242. Do pass.
House Bill No. 266. Do pass.
House Bill No. 278. Do pass.
House Bill No. 238. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Dr. Coker of the 39th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
2\1r. 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 recommendations:
House Bill No. 358. Do pass.
Respectfully submitted, Coker of 39th district, chairman.
The following mes~age was received from the House through Mr. Boone, 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. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb and Blea~e of Brooks:
House Bill No. 379. A bill to be entitled an Act to amend the Intangibles Classification Tax Act which Intangibles Classification Tax Act is an Act to classify property for taxation; and for other purposes.
By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb and Blease of Brooks:
House Bill No. 380. A bill to be entitled an Act to amend Title 92 (Public Revenue) Division 1 (Sources of Revenue) Part 9 (Income Taxes) of the Code of Georgia of 1933, by amending Section 92-3106 of said code as so amended relating to personal exemptions and credits, and for other purposes.
The follo1Ying message was received from the House through Mr. Boone, the Clerk thereof:

672

JOURNAL OF THE SENATE,

Mr. President: The House has passed by the requisite constitutional majority the fol-
lowing bills and resolutions of the House and Senate, to-wit:
By Messrs. Evans of :\icDuffie and Lovett of Laurens: House Bill No. 3!15. A bill to be entitled an Act to amend an Act relat-
ing to the payment and disposition of fees paid by perso'1S appointed as Notaries Public by the State Librarian; and for ot~1er purpo;;es.
By Yiessrs. Campbell and Livingston of Polk: House Bill No. 709. A bill to be entitled an Act to amend an Act entitled
an Act to incorporate the Town of Van \Yert; and for other purposes.
By Mcss>s. Woods and Hooks of Ema'1ucl: House Bill No. 707. A bill to be entitled an Act p1oviding for a two-year
term for :\'layor of the City of Swainsboro; and for other purposes.
By l\-Ir. Rich of Union: House Bill No. ;)06. A bill to be entitled an Act to exempt from operation
of Sections 62-510, 62-511 of the 1ll33 Co::e, certain militia districts in Union County; and for other purposes.
By Mr. Gowen of Glyn!l: House Bill No. 700. A bill to be entitled an Act to authorize the Com-
missioners o.:' Roads and Revenues of Gl~nn County to sell or lease ce1-tain property in said county; and for other purposes.
By MesHs. Arnall and Davis of Coweta: House Bill ~o. 271. A bill to be entitled an Act to amend Chapter 40-16
of Part 5 of Title 40 of the Georgia Code of 1!>:l:l, rl'iating to the Attorney General and the Department of LaN; and for other purposes.
By Messrs. Evans of :\IcDuJ'fie and Lovett of Laurens: House Bill No. :l96'. A bill to be entitled an Act to amend an Act relating
to the salary of the State Librarian anrl Asdstant State Librarian, by cha,ging the salary of the State Librarian to t~1re;c thousand dollars per year from all sources; and for other purposes.
By Mr. Adams of Wheeler: Hou~e Bill .!\ o. G55. A bill to be entitled an Act to provide for the holding
of three terms of the SupcTior Court for Wheeler County, and for the time for holding the same; and for other purposes.
By :\icssrs. Dorsey and Welsch o? Cobb: House Bill ~o. 715. A bill to be cnttiled an Act to ac;thorize the au-
thorities of Marietta to order and hold an election for the issua'lce of bonds; and for other purpose!'.
By Mr. Anderson of Wayne: House Bill No. 713. A bill to be entitled an Act to amend an Act to

THURSDAY, MARCH 13, 1941

673

incorporate and create a new charter for the City of Jesup; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 658. A bill to be entitled an Act to combine the Depart-
ment of Health of the City of Columbus with the Department of Health of Muscogee County; and for other purposes.
By Mr. Welsch of Cobb: House Bill No. 161. A bill to be entitled an Act to repeal Section 27-
2512 of the HJ33 Code of Georgia, pertaining to electlocutions, so as to provide for the executions of persons sentenced to punishment of death by the administration of lethal gas as a substitute for electrocution; and for other purposes.
By Messrs. Jones, Lester and Harris of Richmond: House Bill No. 711. A bill to be entitled an Act to amend the Civil
Service Commission Act of the City of Augusta; and for other purposes.
By Messrs. Williams of Harris, Roughton of Washing-ton, Caldwell and Davis of Troup:
House Bill No. 402. A bill to be entitled an Act to amend an Act to further regulate the practice of osteopathy and to increase the educational l'equirements of applicants for license to practice osteopathy; and for other purposes.
By Messrs. Candler, Dunaway and Turner of DeKalb: House Bill No. 352. A bill to be entitled an Act to amend an Act to
provide for certain powers to make traffic regulations in counties having a population of 200,000 or more; and for other purposes.
By Mr. Heard of Elbert: House Bill No. 695. A bill to be entitled an Act to amend the charter of
the City of Elberton; and for other purposes.
By Mr. Lester of Richmond: House Bill No. 215. A bill to be entitled an Act to amend Section 67-2002
of the 1933 Code of Georgia providing how liens ru:e declared and created, their record and priorities, so as to provide a means for the enforcement of such liens, without the necessity of a final judgment against a contractor, in certain instances; and for other purposes.
By Messrs. Candler, Dunaway and Turner of DeKalb: House Bill No. 353. A bill to be entitled an Act to authorize a cadastral
survey in all counties; and for other purposes.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 83. A bill to be entitled an Act to amend the code relating
to architects; and for other purposes.

674

JOURNAL OF THE SENATE,

By Messrs. Evans of McDuffie and Smith of Hall: House Resolution No. 36-137E. A resolution proposing to the qualified
voters of Georgia an amendment to the Constitution, to increase the civil jurisdiction of justices of peace in this state; and for other purposes.
By Mr. Bridges of Early: House Bill No. 637. A bill to be entitled an Act to change the time of
holding the Superior Court of Early County; and for other purpose!;.
By Messrs. Atkinson, Grayson, and McNall of Chatham: House Bill No. 717. A bill to be entitled an Act to amend the several
Acts relating to and incorporating the City of Savannah; and for other purposes.
By Mr. \Varnock of Montgomery: House Bill No. 676. A bill to be entitled an Act to repeal the Act Cl"eat-
ing a new Board of Commissioners of Roads and Revenues for Montgomery County; and for other purposes.
By :.vir. Warnock of Montgomery: House Bill No. 675. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for the County of Montgomery. and for other purposes.
By Mes!;rs. Ford and Jones of Worth, Sabados and wetherbee of Dougherty:
House Bill No. 448. A bill to be entitled an Act to ~mme certain fish as fresh water game fish, to provide for fishing seasons, size limits, bag limits, method of fishing, to prohibit seines, nets, baskets, traps, poisons, explosives and other destructive methods of catching fish, to define a private pond; and for other purpose~
By Mr. Dunaway of DeKalb: House Bill No. 706. A bill to be entitled an Act to amend the charter
of the City of Pine Lake; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 681. A bill to be entitled an Act to amend the Act Cleat-
ing the Commissioner of Roads and Revenues of Toombs County; and for other purposes.
By .:VIr. Howard of Long: House Bill No. 693. A bill to be entitled an Act to amend the Act creat-
ing the Board of Commissioners of Roads and Revenues of Long County; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 623. A bill to be entitled an Act to amend an Act creat-
ing a new charter for the City oi Vvrightsville; and for other purposes.
By Mr. Bennett of Jeff Davis:

THURSDAY, MARCH 13, 1941

675

House Bill No. 66"9. A bill to be entitled an Act to provide for the disposition of all funds, records and official effects of the Depository of Jeff Davis County, and to provide for the abolition of said Depository; and for 'lther pu:poses.
By Messrs. Lovett and Kea of Laurens: House Bill No. 716. A bill to be entitled an Act to amend an Act creating
a new charter for the City of Dublin; and for other purposes.
By Messrs. Yawn and Jones of Dodge: . House Bill No. 718. A bill to be entitled an Act to amend an Act which
amends an Act to establish the city court of Eastman; and for other purposes.
By Senator Guyton of the 1st: Senate Bill No. 154. A bill to create and incorporate the City of Spring-
field in the County of Effingham, and grant a charter to that municipality under the corporate name and style, to prescribe and define the corporate limits thereof; and for other purposes.
By Senator Harrison of the 23rd: Senate Bill No. 117. A bill to be entitled an Act to reduce the bond of
the Clerk of the Superior Court of Crawford County from $3,000 to $1,000; and for other purposes.
By Senator Gross of the 20th: Senate Bill No. 93. A bill to be entitled an Act to amend an Act estab-
lishing the City Court of Sandersville and all Acts amendatory thereto, by providing the number of jury strikes in said court and for other purposes.
By Mr. :vlixon of Irwin: House Bill No. 81. A bill to be entitled an Act to amend the Code of
1933 relative to absentee ballots; and for other purposes.
By Messrs. Hand and Brooks of Mitchell: House Bill No. 671. A bill to be entitled an Act to provide for the de-
struction of unsold bonds issued by counties, municipal corporations or political subdivisions of this state; and for other purposes.
By Mr. Shannon of Twiggs: House Bill No. 302. A bill to be entitled an Act to amend an Act en-
titled an Act to amend the banking law as codified in Title 13, Section 13-901, Paragraph 3 of the Code of 1933; and for other purposes.
By Mr. Smiley of Liberty: House Bill No. 664. A bill to be entitled an Act to describe, define and
officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty County; and for other purposes.
The House has adopted the report of the committee on conference on the following bill of the Senate, to-wit:

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JOURNAL OF THE SENATE,

By Senator Drake of the 8th: Senate Bill No. 70. A bill to be entitled an Act to consolidate and super-
sede the several Acts incorporating the City of Colquitt; and for otner purposes.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
By Mr. Mcintosh of Mcintosh: House Bill No. 162. A bill to be entitled an Act to permit the taking of
catfish from the waters of Mcintosh County, Georgia; and for other purposes.
By Mr. Cannon of the 40th: Senate Bill No. 188. A bill to be entitled an Act to amend an Act en-
titled "An Act to provide for the paymeY!t of a license by certain _nersons fishing within the State of Georgia, to prescribe penalti~s for the violation of this Act (being Act No. 437 of the Acts of 1!J37 appearing on pages 675, 676, 677 of Georgia Laws), to provide for striking the entire Section 2 thereof and providing for the substitution oi another Section for the purpose of amending the non-reside1t license fees for fishing; and for other purposes.
By ::VIr. Witherington of Wilcox: House Bill No. 18!J. A bill to be entitled an Act to p;opose to the quali-
fied voters of Georgia, an amendment to the Constitution so as to authorize Abbeville Consolidated School District of Wilcox County to incur a bonded indebtedness; and for other purposes.
By Mr. Withering-toY! of Wilcox: House Bill No. 1!JO. A bill to be entitled an Act to amend the Constitution
so as to authorize the County of Wilcox to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution; and for other purposes.
By :.\ir. Kennedy of Tattnall: House Bill No. 198. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Reidsville to incur a bonded indebtedness; and for other purposes.
By Senators Pilcher of the 7th and Houston of the :')1st: Senate Bill No. 198. A bill to be entitled "An Act to define as legal
investments for certain fiduciaries, deposited in an interest bearing account in any other bank, or other institution o1 l!eposit who~e deposits arc insured by the Federal Deposit Insurance Corporation, to make such fiduciaries accountable only for such interest as," etc.; and for other purposes.
By Senator Sumner of the 1Oth: Senate Bill No. 202. A bill to be entitled an Act to define the word
"(lairy", as used in the statutes of the state, to repeal conflicting laws; and fo~

THURSDAY, YIARCH 13, 1941

677

other purposes.
By Senator Couch of the 52nd: Senate Bill No. 204. A bill 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.
Ry S0nator Lewallen of the 33rd: Senate Bill No. 20D. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for Ba~1ks County; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 212. A bill to provide for receiving tax returns, fixing tax
levies, and collecting taxes in certain counties; and for other purposes.
By Senator Smith of the 24th: Senate Bill No. 214. A bill to amend an Act entitled "A'l Act providing
for the acquisition, construction, operation and regulation of airports and other navigation facilities; declaring the ownership and operation of airports to be a public, governmental and municipal purpose"; and for other purposes.
By l\'Ir. Forrester of Dade: House Bill No. 238. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the County of Dade to incur a bonded indebtedness; and for other purposes.
By lVIr. Witherington of Wilcox: House Bill No. 242. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia a'1 amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize the City of Abbeville to incur a bonded indebtedness; and for other purposes.
By Mr. Witherington of wilcox: House Bill No. 266. A bill to be entitled an Act to propose to the qualified
voters of Georgia an amendment to the Constitution so as to authorize \Viicox County to issue Funding Bonds; and for other purposes.
By Mr. Thigpen of Evans: House Bill No. 278. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the City of Claxton to incur additional bonded indebtedness; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 287. A bill to be entitled an Act to amend the Constitu-
tion so as to authorize the Adrian (1st) Consolidated School District to incur a bonded indebtedness; and for other purposes.
By Messrs. Greene of Jones and Goolsby of Monroe: House Bill No. 358. A bill to be entitled an Act to amend an Act approved

678

JOURNAL OF THE SENATE,

August 20, 1929 designating Highway Mileage by adding additional mileage in Jones and :Ylonroe Counties; and for other purposes.
By Mr. Kennedy of Tattnall: House Bill No. 571. A bill to be entitled an Act to reduce the official
bond of the Sheriff of Tattnall County to $5,000.00; to repeal all conflicting laws; and for other purposes.
By Mr. Mcintosh of Mcintosh: House Bill No. 589. A bill to be entitled an Act to amend an Act to estab-
lish the City Court of Darien, in the County of Mcintosh, to define its jurisdiction and powers- and for other purposes.
By Mr. Kennedy of Tattnall: House Bill No. 648. A bill to be entitled an Act to amend an Act creating
a Board of Commissioners of Roads and Revenues for the County of Tattnall; and for other purposes.
By Messrs. Smith and Smitha of Carroll: House Bill No. 678. A bill to be entitled an Act to authorize the Town
of Bowdon to enact ordinances; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 680. A bill to be entitled an Act to create the City of
Santa Claus, in the County of Toombs, and grant a charter to that municipality under that corporate name and style; and for other purposes.
By Messrs. Atkinson, McNall and Grayson of Chatham: House Bill No. 619. A bill to be entitled an Act to confer upon the Savan-
nah Port Authority additional powers; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senator Kirkland of the 49th: Senate Bill No. 219. A bill to provide that certain districts of Bulloch
County be authorized to levy an additional tax as provided in the Act of 1939 for fire protection; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senators Dorsey of the 32nd, Adams of the 31st, and Cannon of the 40th: Senate Bill No. 220. A bill to abolish the fee system now existing in the
Superior Courts of the Northeastern Judicial Circuit as applies to the office of solicitor general, and all fees now, heretofore or hereafter, accruing to the office of solicitor general in said circuit, insofar as the same constitutes the compensation attached to said office; and for other purposes.
Referred to Committee on Special Judiciary.
By Senator Guyton of the 1st: Senate Bill No. 221. A bill to provide that the Department of Public

THURSDAY, MARCH 13, 1941

679

Health be charged with the duties of inspection and analysis of oysters and shell fish for food, and the appointment of all inspectors required therefor; and for other purposes.
Referred to Committee on Game and Fish.
By Senator Barnhill of the 5th: Senate Bill No. 222. A bill to amend an Act creating the Board of Com-
missioners oi Roads and Revenues of Clinch County, and acts amendatory thereof; and for other purposes.
Referred to Committee on Counties and County Matters.
By Senator Franklin of the 38th: Senate Resolution No. Gl-219A. A resolution directing the State Hos-
pital Authority to remove be names of E. D. Rivers, Ellis G. Arnall, R. H. Freeman, Jr., S. W. Howell, and Ivan Allen, Jr. from certain hospital buildings in Milledgeville.
Ordered to lay on the table for one clay.
The following local uncontested bills of the Senate and House were read the third time and put upon their passage:
By Senator Dorsey of the 32nd: Senate Bill No. 201. A bill to create a Board of Commissioners of Roads
and Revenues for White County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52ncl: Sewte Bill No. 205. A bill to provide for the recall of County Com-
missioners in Counties having a population of 200,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was ag-reed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Phillip of Columbia: House Bill No. 565. A bill to amend an Act to create a Board of Com-
missioners of Hoads and Revenues for the County of Columbia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

680

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed. By Mr. Rowland of Johnson:
House Bill No. 597. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes.
The report 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, nays 0.
The bill ,having received the requisite constitutional majority, was passed.
The following bills and resolutions of the House were read the first time and referred to committees:
By Mr. Mixon of Irwin: House Bill No. 81. A bill to be entitled an Act to amend the Code rela-
tive to absentee ballots. and for other purposes. Referred to Committee on Privileges and Elections.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 83. A bill to be entitled an Act to amend the Code relat-
ing to architects; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Welsch of Cobb: House Bill No. 161. A bill to be entitled an Act to repeal Section 27-
2512 of the 1933 Code of Georgia, pertaining to electrocutions, so as to provide for the executions of pe1sons sentenced to the punishment of death by the administration of lethal gas as a substitute for electrocution; and for other purposes.
Refened to Committee on General Judiciary No. 1.
By Mr. Lester of Richmond: House Bill No. 215.. A bill to be entitled 'an Act to amend Section 67-
2002 of the Code of 1933 of Georgia providing how liens are declared and created, their record and priorities, so as to provide a means for the enforcement of such liens, without the necessity of a final judgment against a contractor, in certain instances; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Arnall and Davis of Coweta: House Bill No. 271. A bill to be entitled an Act to amend Chapter 40-16
of Part V of Title 40 of the Georgia Code of 1933, relating to the Attorney General and the Department of Law, etc.; and for other purposes.
Referred to Committee on State of Republic.

THURSDAY, MARCH 13, 1941

681

By :vir. Shannon of Twiggs: House Bill No. 302. A bill to be entitled an Act to amend "An Act to
amend the banking law as codified in Title 13, Section 13-901, Paragraph 3 of the Georgia Code of 1933; and for other purposes.
Referred to Committee on Banks and Banking.
By Messrs. Candler, Dunaway and Turner of DeKalb: House Bill No. 352. A bill to be entitled an Act to amend an Act ap-
proved March 18, 1937 entitled an Act to provide for certain powers to make traffic regulations in counties having a population of 200,000 or more by the H13ll or any future census; and for other purposes.
Referred to Committee on Highways a!ld Public Roads
By Messrs. Candler, Dunaway and Turner of DeKalb: House Bill No. 353. A bill to be entitled an Act authorizing a cadastral
survey in all counties; and for other purposes. Referred to Committee on State of Republic.
By Messrs. Evans of McDuffie and Lovett of Laurens: House Bill No. 395. A bill to be entitled an Act to amend an Act relat-
ing to the payment and disposition of fees paid by persons appointed as Notaries Public by the State Librarian; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Evans of McDuffie and Lovett of Laurens: House Bill No. 396. A bill to be entitled an Act to amend an Act relating
to the salary of the State Librarian and Assistant State Librarian, by changing the salary of the State Librarian to three thousand ($3,000) dollars per year from all sources; to repeal co:1flicting laws; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. \Villiams of Harris, Roughton of Washington, Caldwell and Davis of Troup:
House Bill No. 402. A bill to be entitled an Act to amend an Act to further regulate the practice of osteopathy and to increase the educational requirements of applicants for license to practice osteopathy; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By :.\fessrs. Ford and Jones of Worth, Sabados and Wetherbee of Dougherty: House Bill No. 448. A bill to be entitled an Act to name certain fish
as fresh water game fish, to provide for fishing seasons, size limits, bag limits, method of fishing, to prohibit seines, nets, baskets, traps, poisons, explosives, and other destructive methods of catching fish, to define a private pond; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Rich of Union:

682

JOURNAL OF THE SENATE,

House Bill No. 506. A bill to be entitled an Act to exempt from the operation of Sections 62-510, 62-511 of the Code of Georgia of 1933, certain Militia Districts in Union County, Georgia to renJer void any election held heretof'Jre in said districts unde>r the provisions of said sections; and for other purposes.
Reierred to Committee> on Counties and County Matters.
By Mr. Rowland of Johnson: House Bill No. 623. A bill to be entitled an Act to amend an Act creating
a new charter for the City of Wrightsville; and for other purpos.:s. Referred to Committee on Municipal Government.
By Mr. Bridges of Early: House Bill No. 637. A bill to be entitled a'1. Act to change the time of
holding the Superior Court of Early County; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Adams of Wheeler: House Bill No. 655. A bill to be entitled an Act to provide for the holding
of three terms of the Superior Court of wheeler County, Georgia, and or times for holding the same; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Elliott and vVohlwender of Muscogee: House Bill No. 658. A bill to be entitled an Act to combine the Depart-
ment of Health of the City of Columbus with the Department of Health of Muscogee County; and for other purposes.
Referred to the Committee on Counties and County :Watters.
By Mr. Smiley of Liberty: House Bill No. 664. A bill to be entitled an Act to describe, del'ine and
officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty County; and for other purposes.
Referred to Committee on Counties ar-.d County Matters.
By Mr. Bennett of Jeff Davis: House Bill No. 669. A bill to be entitled an Act to provide for the deposi-
tion for all funds, records, pape1s and accounts that may have been kept regarding said Depository for Jeff Davis County, Georgia; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Hand and Brooks of Mitchell: House Bill No. 671. A bill to be e~":>titled an Act to provide for the de-
struction of unsold bonds issued by counties, municipal corporations or political subdivisions of this State; and for other purposes.
Referred to Committee on Finance.

THURSDAY, MARCH 13, 1941

683

By Mr. Warnock of Montgomery: House Bill No. 675. A bill to be entitled an Act to amend the Act ap-
proved December 3, 1937, cteating 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. Warnock of Montgomery: House Bill No. 676. A bill to be entitled an Act to repeal the Act cleat-
ing a new Board of Commissioners of Roads and Revenues for the County of Montgomery, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Fuller of Toombs: House Bill No. 681. A bill to be entitled an Act to amend an Act creat-
ing the office of Commissioner of Roads and Revenue in and for the County of Toombs; to prescribe his duties and powers; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Howard of Long: House Bill No. 6'93. A bill to be entitled an Act to amend an Act creat-
ing the Board of Commissioners of Roads and Revenue of Long County. and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Heard of Elbert: House Bill No. 695. A bill to be entitled an Act to amend the charter of
the City of Elberton, Georgia; and for _other purposes. Referred to Committee on Municipal Government.
By Mr. Gowen of Glynn: House Bill No. 700. A bill to be entitled an Act to authorize the Commis-
sioners of Roads and Revenues for Glynn County, Geo1gia, to sell or lease, all or any part of the dedicated areas in that subdivision on St. Simons Island in Glynn County, Georgia, known as "Arnold Villa Estates"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dunaway of DeKalb: House Bill No. 706. A bill to be entitled an Act to amend the charter
of the City of Pine Lake, in the County of DeKalb; and for other purposes. Referred to Committee on :Municipal Government.
By Messrs. Hooks and Woods of Emanuel: House Bill No. 707. A bill to be enti-tled an Act providing for a two-year
term for the Mayor of the City of Swainsboro, Georgia; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Campbell and Livingston of Polk:

684

JOURNAL OF THE SENATE,

House Bill No. 70!l. A bill to be entitled an Act to amend an Act of February 17, 1876, to amend an Act entitled "An Act to incorporate the Town of Van \Vert, in the County of Polk"; and for other purposes therein mentioned.
Referred to Committee on Municipal Government.
By Messrs. Jones, Lester and Harris of Richmond: House Bill No. 711. A b111 to be entitled an Act to amend the Civil
Service Commission Act of the City of Augusta; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Anderson of Wayne: House Bill No. 713. A bill to be entitled an Act to amend an Act to
incorporate and create a new charter for the City of Jesup, in \Vayne County, Georg-ia, etc., by adding- to Section 42 of said Act, the words: Provided, however, that this section does not apply to lands in said City of Jesup; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Dorsey and Welsch of Cobb: House Bill No. 715. A bill to be entitled an Act to amend an Act to au-
thorize the :Wayor and Council of the City o~ Marietta, in the County of Cobb, to order and have held an election by the Qcialified voters of said City for issuance of bonds; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lovett and Kea of Laurens: House Bill No. 716. A bill to be entitled an Act to amend the Act en-
titled an Act to create a new chartet for the City of Dublin; and for other purposes.
Referred to Committee on State o:i' Republic.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 717. A bill to be entitled an Act to amend the several
Acts relating to and incorporating- the City of Savannah; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Yawn and Jones of Dodge: House Bill No. 718. A bill to be entitled an Act to amend an Act approved
Aug-ust 15, 1922, Georg-ia Laws 1922, pages 253 and 254, which amends an Act to establish the City Court of Eastman; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Evans of McDuffie and Smith of Hall: House Resolution No. 36-137E. A resolution proposing to the qualified
voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II, of the Constitution of Georgia increasing the civil jurisdiction of Justices of the Peace in this State; and for other purposes.

THURSDAY, MARCH 13, 1941

685

Referred to Committee on Amendments to the Constitutio!l.
By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks:
House Bill No. 37U. A bill to amend the Intangibles Classification Tax Act. and for other purposes.
Referred to Committee on Finance.
By :Vlessrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks:
House Bill No. 380. A bill to amend Section 92-3106 of the Code relative to personal exemptions and credits; and for other purposes.
Referred to Committee on Finance.
The following general bills of the Senate were read the third time and put upon their passage:
By Senator Guyto!l of the 1st: Senate Bill No. 173. A bill to provide for the identification of the voters
in all primary elections and elections by ballot within this State; and for other purposes.
Senator Guyton of the 1st offered the following amendment which wa~ adopted:
:\1oves to amend Section 1 of the bill by striking the caption to said Section 1 and inserting in lieu thereof the following:
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same.
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 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Steed of the 43rd: Senate Bill No. 184. A bill to amend Section 75-412 of the Code which
provides the nature of the firm name under which a limited partnership business shall be conducted; and for other purposes.
Senator Lanier of the 18th moved that Senate Bill No. 184 be postponed, and the motion prevailed.
By Senators Edenfield of the 4th and Whaley of the 45th: Senate Bill No. 133. A bill to define and regulate the business of making
loans in the amount of $300.00 or Jess; and for other purposes.
Senator Odom of the 9th moved to table the bill with all penciing amend.

686'

JOURNAL OF THE SENATE,

ments and substitutes.

On the motion to table, Senator Odom of the 9th called for the ayes a nays, and the call was sustained.

A roll call was ordered and the vote was as follows: Those voting in the affirmative -were Senators:

Almand Cannon Clark Coker Couch Dobbs Edwards

Foster Franklin Garner Gross Harrison Lanier Lewallen Martin

McGehee Odom Park Ragan Smith, 24th Striplin Sumner

Those voting in the negative were Senators:

Adams Barnhill Bland Burnside Campbell Daughtry Dorsey Drake

Edenfield Fortson Guyton Hamilton Hill Houston Kiker Kirkland

Mason Milhollin Mosley Rowland Steed Whaley

Not voting were Senators: Bargeron, Coxon, Holt, Pilcher, Smith of 35 Bradley and Wall.

The roll call was verified.
On the motion to table the ayes were 22, nays 22, and the motion was 1<
Senator Lanier of the 18th moved that the Senate do now adjourn UJ tomorrow morning at 9 o'clock, and the motion prevailed.
Senate Bill No. 1'33 went over as unfinished business.
The President announced the Senate adjourned until tomorrow morn at 9 o'clock.

FRIDAY, MARCH 14, 1941

687

Senate Chamber, Atlanta, Georgia,
Friday, March 14, 1941.
The Senate met pursuant to adjournment at !J o'clock this morning and was called to order by t;1e President.
Prayer was offered by Senator J. H. McGehee of the 25th.
By unanimous consent, the call of the roll was dispensed with.
Senator Mason of the 30th, member 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.
The President asked unanimous consent that the Senate adjourn today at 12 o'clock and stand adjourned until Monday morning at 10 o'clock, and the consent was g-ranted.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules have had under consideration the following
bills and resolutions of the Senate and House and have instructed me as ViceChairman, to report the same back to the Senate with the following recommendations:
That same be set as the order of business for today immediately after the period of unanimous consents:
1. Introduction o.f bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills favorably reported.
4. Putting on pas~age local uncontested bills.
5. Reading House bills first time for reference.
5A. Senate Resolution No. 61.
6. Unfinished business, Senate Bill No. 133.
7. Senate Bills Nos. 210, 214, 75, 200; House Bills Nos. 64, 67.
8. Consideration of Governor's veto of Senate Bills Nos. 58, 60.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The report of the Committee on Rules which established the order of

688

JOURNAL OF THE SENATE,

business for the day was adopted.
The following- priveleged resolutions were read and adopted:
By Senators Lanier of the 18th, Couch of the 52nd, and Dobbs of the 22nd: A resolution extending the privileges of the floor to the Hon. Ben W.
Fortson, Sr., distinguished father of the able Senator from the 5th.

By Senator Almand of the 27th:
Senate Resolution No. 65-227.
A RESOLUTION
Whereas, the Free-Book Commission of the Department of Education of the State of Georgia is charged with the responsibility of selecting certain appropriate books for the public school libraries of the State; and,
\Vhereas, a former teacher in the State's educational institutions, Miss Moina Michael, has written a book entitled The J\!Iiracle Flower, which deals not only with the history and development of her now internationally famous idea of a Flanders Field Memorial Poppy as a service to World War veterans, but also with her p:1ilosophy of life as it evolved out of her experiences with students extending over a period of more than half a century; and,
\Vhereas, Miss Michael's book is so written as to inspire in youth a greater Jove for Georgia and a more passionate devotion to the ideals of the Englishspeaking peoples:
Now, therefore, be it resolved that the General Assembly of Georgia rccommenc~s that t:1e Free-Book Commission give careful consideration to the advi~ability of placing a copy of Miss :vlichael's book in each public school library of the State.
By Senator Drake of the 8th:
A RESOLUTION Whereas, Hon. Cooper Bradley, our distinguished Senator from the 13th District is confined to his room suffering with illn~ss which prevents his attendance upon the duties as SeY~ator in this Honorable body, and
Whereas, it is with much regret that the Senate must dispense with the services of this distinguished gentleman for the time being, and
\Vhereas, it is hoped that the Senator will have a speedy recovery, and that he may return and continue the many deliberations with this Honorable group in the ncar future.
Be it therefore resolved that the Senate regrets the illness of our beloved colleague and hopes that he may have a speedy recovery and return to serve his State.
Be it further resolved that a copy of this resolution be transmitted to this distinguished gentleman.

FRIDAY, MARCH 14, 1941

689

The following communication was read for the information of the Senate:
Department of Revenue State of Georgia Atlanta
March 12, 1941.
Honorable Charles D. Redwine, President State Senate State Capitol Atlanta, Georgia
Dear Mr. President:
Referring to House Resolution No. 125, introduced by Honorable George Sabados, of Dougherty County, regarding extension of time to members of the General Asl:;embly in which to file their income tax returns, adopted on March 10, 1941, beg to advise that an extension of thirty days is hereby granted to each member of both the House a1d Senate. Please have this letter read by the Secretary so that the members may be notifi~d of this extension.
with highest personal tcgards and best wishes, I am
Sincerely yours, J. M. Forrester, Commissioner.
The following message was rccceived from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has pasEed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Livingston of Polk and Dallis of Troup: House Bill No. 201. A bill to be entitled an Act to repeal an Act entitled
an Act to authorize and regulate the practice of Chiropractic in the State of Georgia; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 725. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution so as to authorize the Crawford School District in Oglethorpe County to issue bonds; and for other purposes.
By Mr. Kaigler of Quitman: House Bill No. 528. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia a1 amendment to the Constitution so as to authorize Quitman County to issue funding bonds; and for other purposes.
By :\1r. McCracken of Jefferson:

690

JOURNAL OF THE SENATE,

House Resolution No. 96-551A. A resolution proposing to amend the Constitution so as to authorize No. 10 School District in Jefferson County to incur a bonded indebted1ess; and for other purposes.
By Messrs. Suggs and Ferguson of Sumter: House Bill No. 46. A bill to be entit!ed an Act to designate a line through
the State which shall fix a boundary designating the territory in which Eastern Standard Time s!lall prevail, said line being the boundary, between Georgia and Alabama makir'g the entire State within the Eastern Standard Time zone and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton, Candler, Dunaway and Turner of DeKalb:
House Bill No. 626'. A bill to be entitled an Act to propose an amendment to the Constitution authorizing Fulton a:d DcKalb Counties to establish a Highway Authority; and for other purposes.
By Messrs. Svint and Goddard of Spalding: House Resolution No. 109-646A. A resolution proposing to the quali-
fi0d voters of Georgia an amendment to the Constitution authorizing t;,e diviion of Spalding Cou:;ty into school districts; and for other purposes.
By Messrs. Pickett oi Pickens, and Yawn of Dodge: House Bill No. 668. A bill to be entitled an Act to regulate strikes, slow
downs and stoppages of work, to prohibit strikes except on condition of written notice, to prohibit strikes by minority labor groups, to provide punishment; and for other purposes.
By Mr. Horne of Crisp: House Bill No. 355. A bill to be entitled an Act to amend the Constitu-
tion so as to authorize the City of Cordele to incur an additional bonded indebtedness; and for other purposes.
By Messrs. Candler, Turner, and Dunaway of DeKalb: House Resolution No. 65-357A. A resolution proposing an amendment to
the Constitutio,, so as to authorize the County Commissioners of Roads and Revenues to establish and maintain parks and hospitals, sewerage systems; and for other purposes.
By Messrs. Welsch and Dorsey of Cobb: House Resolution No. 72-421A. A resolution proposing a constitutional
amen:!ment authorizing Cobb County to issue funding bonds; and for other purposes.
By :Mr. Fuller o:Z Toombs: Ho::sc Bill No. 454. A bill to be entitled an Act to propose an amend-
ment to the Comtitution so as to authorize Toombs County to issue funding bonds; and for other purposes.
By Mr. Candler of DeKalb:

FRIDAY, MARCH 14, 1941

6'91

House Resolution No. 61-326D. A resolution to propose an amendment to the Constitution so as to authorize the City of Stone Mountain to incur a bonded indebtedness; and for other purposes.
By Mr. Foster of Paulding County: House Bill No. 517. A bill to be entitled an Act to propose a constitutional
amendment to authorize Paulding County to issue funding bonds; and for other purposes.
By Messrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 616. A bill to be entitled an Act to propose to the people
of Georgia an amendment to the Constitution authorizing Bibb County to make temporary loans; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 420. A bill to be entitled an Act to propose a constitutional
amendment authorizing the Wrightsville Consolidated School District to incur a bonded indebtedness; and for other purposes.
By Mr. Aiken of Bulloch: House Resolution No. 145. A resolution to provide for committees to
visit state institutions; and for other purposes.
By Mrs. Mankin and Mr. Etheridge of Fulton: House Bill No. :310. A bill to be entitled an Act to establish hospital
authorities, defining the power and duties- and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 727. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution authorizing Oglethorpe County to issue refunding bonds; and for other purposes.
By :vlessrs. Barber and Barlow of Colquitt: House Resolution No. 90-511B. A resolution pl'oposing a constitutional
amendment to authorize the City of Doerun, in Colquitt County, to refund its present or any future indebtedness; and for other purposes.
By Messrs. Williams and Bates of Ware: House Resolution No. 84-491A. A resolution to propose a co11stitutional
amendment to allow the City of Waycross to incur a bonded indebtedness; and for other purposes.
By Messrs. Weaver,, Grice and Bloodworth of Bibb: House Bill No. 511. A bill to propose a constitutional amendment to au-
thorize the City of Macon to issue notes or debt certificates fot the financing of National Defe'se propositions; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 533. A bill to amend the Constitution authorizing the
City of Vidalia to incur a bonded indebtedness; and for other purposes.

692

JOURNAL OF THE SENATE,

By Messrs. Joiner of Cook, and Connell of Lowndes: House Bill No. 638. A bill to propose a constitutional amendment so as
to authorize Cook County to issue funding bonds; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 646. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize the City of Crawford to incur a bonded indebtedness; and for other purposes.
By Mr. Mixon of Irwin: House Bill No. 406. A bill to propose a constitutional amendment au-
thorizing Irwin County to issue bonds; and for other purposes.
By Mr. Brinson of Chatooga: House Bill No. 722. A bill to be entitled an Act to amend an Act entitled
an Act to create an:! incorporate the City of Summerville in lieu of the Town of Summervi:le; and for other purposes.
By Mr. Moate of Hancock: House Resolution No. 105-612A. A resolution to propose to the qualified
voters of Georgia a1 amendment to the Constitution of Georgia so as to allow the County of Hancock to refund bonded indebtedness; and for other purposes.
By Messrs. Brooks and Hand of Mitchell: Honse Bill No. 702. A bill to propose a constitutional amendment so as
to authorize the Board of Education of Mitchell Count:; to make temporary loans; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 561. A bill to propose to the voters a constitutional
amendme'1t so as to authorize the Johnson Corner School District in Toombs County to incur a bonded in[!ebtedness; and for other purposes.
By Messrs. Drinkard of Lincoln, Pannell of Murray, and Evans of l\'IcDuffie: House Bill No. 141. A bill to be entitled an Act to promote public safety
by providing for th2 exami:cation and licensing by the State Fire Inspector of opemtors of machinery used in projection booths of licensed motion picture theatres operated for profits; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 726. A bill to propose a constitutional amendment au-
thorizing the City of Lexington to issue funding bonds; and ;'or other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 6'40. A bill to propose a constitutional amendment which
would authorize Jeff Davis County to issue funding bonds; and for other purposes.
BY Mr. Bennett of Jeff Davis: House Bill No. 667. A bill to propose a constitutional amendment au-

FRIDAY, MARCH 14, 1941

693

thorizing the Excelsior Consolidated School District to issue bonds and for other purposes.
By Mrs. Mankin and Mr. Etheridge of Fulton, Messrs. Turner, Dunaway and Candler of DeKalb:
House Bill No. 309. A bill to propose a constitutional amendment authorizing the establishment of Hospital Authorities; and for other purposes.
By Messrs. Blackshear and Smith of Hall: House Resolution No. 68-375B. A resolution proposing a constitutional
amendment authorizing the City of Gainesville to incur a bonded indebtedness; and for other purposes.
By Messrs. Elliott of :Wuscogee and Brinson of Chattooga: House Bill No. 391. A bill to be entitled an Act to provide an alterna-
tive, additional and simpler method for the trial and conection of erro1s of law by t:1e Supreme Court and Court o:' Appeals, in cases within their respective constitutional jurisdictions; to provide for rules on the subject; and for other purposes.
By :VIessrs. Grayson, McNall, and Atkinson of Chatham: House Resolution No. D9-563A. A resolution proposing a constitutional
amendment to authorize Chatham County to levy additional school taxes; and f0r other purpose~
By Messrs. Russell of White, Williams and Hardy of Jackson: House Resolutio:1 No. 124. A resolution to pay tribute and honor to Dr.
L. G. Hardman who was a leader in the State of Georgia, in the advancement of all things contributing to the progress and welfare of this State; by naming the bridges across the Chattahoochee River in the Nacoochee Valley for and in his memory; and for ather purposes.
By Mr. Mims o~ Miller: House Bill No. 5:)4. A bill to propose a constitutional amendment au-
thorizing Miller Cou!'lty to issue funding bonds; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
By Senators Kiker of the 41st and Cannon of the 40th: Senate Bill No. 223. A bill to amend Section 81-1402 of the Code which
relates to the granting of continuances in court; and for other purposes. Referred to Committee on Special Judiciary.
By Senators Campbell of the ,34th, Harrison 9f the 23rd, Coker of the 39th,
Smith of the 35.th, and <;!ox on of the 2nd:
Senate Bill No. 224. A bill to provide that all persons, firms or corporations operating in this State, pipe lines for the transportation of petroleum and petroleum products are common carriers; to provide that such persons, firms or corporations shall, with respect to their intra-state business, furnish

694

JOURNAL OF THE SENATE,

their facilities upon reasonable requests therefor and shall establish just and reasonable charges for such services; and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Edwards of the 6th: Senate Bill No. 225. A bill to provide that the governing authorities of
the counties in the State shall furnish medical and nursing care to destitute women facing confinement for childbirth; and for other purposes.
Referred to Committee on State of Republic.

By Senator Redwine of the 26th: Senate Bill No. 226. A bill to amend Section 13-901 of the Code which
provides for the method of incorporating banks, the amount of capital thereof and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Dorsey of the 32nd: Senate Resolution No. 62-223. A resolution authorizing the State Libra-
rian to furnish certain Supreme Court Reports. Referred to Committee on Public Library.

By Senator Coker of the 39th:
Senate Resolution No. 63-224. A resolution requesting the President of the Senate to telegraph the President of the United States at once a request that the President reply by telegram to the President of the Senate stating, for the information of the Georgia Senate, whether the President feels that proposed pipe lines are important to the program of national defense under his leadership.
Ordered to lay on Table for one day.

By Senator Striplin of the 37th:
Senate Bill No. 227. A bill to create a Board of Commissioners of Roads and Revenues for the County of Heard; to provide for elections; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Hill of the 36'th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:

.

Your Committee on Engrossing have read ;nd examined the following

bills of the Senate and have instructe~ me .ps ~hairman, to report the same

back

to

the

Senate

as

correct

ana

ready

for

transmis~on0 to

the House: 0

Senate Bill No. 205.

Senate Bill No. 201.

Senate Bill No. 173.

FRIDAY, MARCH 14, 1941

695.

Respectfully submitted, Hill of 36th district, chairman.
Mr. Steed of the 43rd 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 repor._ the same back to the Senate with the following recommendations:
House Bill No. 718. Do pass.
Respectfully submitted, Steed of 43rd district, chail;nan
Mr. Whaley of the 45th 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 recommendations:
Senate Bill No. 192. Do pass.
Respectfully submitted, Whaley of 45th district, chairman.
Mr. Di'ake of the 8th 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 consider.:~tion 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. 222. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
:Mr. Daughtry of the 21st 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. 689. Do pass.

696

JOURNAL OF THE SENATE,

Houge Bill No. 610. Do pasg. House Bill No. 617. Do pagg. House Bill No. 690. Do pasg. House Bill No. 611. Do pass. House Bill No. 618. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your CommitteEo O'l Countieg anti County :.\1atters have had under consideration the followmg bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 598. Do pass.
Respectfully submitted, Drakc of 8th district, chairman.
Mt. Edwards of the 6th Disttict, Chairman of the Committee on Education and Public Schools No. 1, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools No. 1 have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 211. Do pass.
Senate Bill No. 208. Do pass.
House Bill No. 557. Do pass.
Respectfully submitted, Edwards of 6th district, chairman.
Mr. Ragan of the 14th DiRtrict, Chairman of the Committee on Conservation, submitted the following report:
Mr. President:
Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

FRIDAY, MARCH 14, 1941

697

House Bill No. 237. Do pass.
Respectfully submitted, Ragan of 14th district, chairman.
Mr. Adams of the 31st District, Chairman of the Committee on Congressional and Legislative Reapportio:mJCnts, submitted the following report:
Mr. President:
Your Committee on Congressional and Legislative Reapportionments have had under consideration the ;ollowing bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 27 4. Do pass.
Respectfully submitted, Adams of 31st district, chairman.
Mr. Drake of the 8th 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 recommendations:
House Bill No. 21!J. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Bargeron of the 17th District. Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President:
Your Committee on Military Affairs have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 215. Do pass.
House Bill No. 2!JG. Do pass.
Respectfully ~mbmitted, Bargeron of 17th district, chairman.
Mr. Whaley of the 48th District, Chairman of the Committee on Banks and BaJlking, submitted the following report:
Mr. President:

698

JOURNAL OF THE SENATE,

Yoar Committee on Banks and Banking have had under consideration the following bill of the House and have instructed me as Chairman, to report the ~a me bncl. to the Senate with the following r<'commendations:
House Bill No. 302. Do pass.
Respectfully submitted, Whaley of 45th district, chairman.
Mr. Daughtry of the 21st 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. 711. Do pass.
House Bill No. 709. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Gross of the 20th 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 recommendations:
Senate Bill No. 52. Do pass by substitute.
Respectfully submitted, Gross of 20th district, chairman.
Mr. Rowland of the 16th District, Chairman of the Committee on Training School, submitted the following report:
Mr. President:
Your Committee on Training School have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate, with the following recommendations:
House Bill No. 165. Do pass.
Respectfully submitted, Rowland of 16th district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

FRIDAY, MARCH 14, 1941

699

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the :i"ollowing bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 294. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Milhollin of the 46th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 213. Do pass.
Respectfully submitted, Milhollin of 46th district, chairman.
Mr. Milhollin of the 4G'th District, Chairman of the Committee on Agriculture, submitted the following report:
1\ir. 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 recommendations:
House Bill No. 505. Do pass.
Respectfully submitted, Milhollin of 46th district, chairman.
:Mr. Lanier of the 18th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 592. Do pass.
House Bill No. 380. Do pass.
House Bill No. 379. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.

700

JOURNAL OF THE SENATE,

The following bills of the Senate a!ld House, favorably reported by the committees, were read the second time:
By Senator Couch of the 52nd: Senate Bill No. 52. A bill to amend Chapter 93-3 of the Code of Geor-
gia of 1933 relating to the jurisdiction, powers and duties of the Georgia Public Service Commission, etc.; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 192. A bill to authorize banks chartered under the laws of
Georgia to establish a branch bank in a:1y municipality without state or national banking facilities; and for other purposes.
By Senator Redwine of the 26th: Senate Bill No. 208. A bill to be entitled an Act to amend Section 32-1006
of the Georgia Code of 1933 relating to the compensation of county superintendents of schools, by providi!lg that the county board of education may authorize the county superintendent of schools to employ clerical and office help and allow him compensation for the expenses so incurred.; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 211. A bill to be entitled an Act to provide that no
appropriation shall become available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." approved February 10, 1937 (Ga. Laws 1937, pp. 882892) ; and for other purposes.
By Senator Redwine of the 26th: Senate Bill No. 213. A bill to be entitled an Act to regulate the sale of
live and dressed poultry; to classify the same; to define the term "Dealer"; to require registration of dealers; to require filing of invoices by dealers; to authorize Commissioner of Agriculture to promulgate grades and ;;tanda1ds and make rules and regulations for enforcement of this Act; etc.; and for other purpose;;.
By Senator Edwards of the 6th: Senate Bill No. 215. A bill to provide a service ribbon and medals of
honor for citizens of this state who entered the service of the United States of America in the war with the German empire and its allies as a volunteer or otherwise; to provide that the Governor shall appoint a board consisting of no more than five members to be selected from the American Legion, Dil~abled American Veterans, and the Veterans of Foreign Wars; and for other purposes.
By Senator KiJkland of the 49th: Senate Bill No. 219. A bill to provide that certain districts of Bulloch
County be authorized to levy an additional tax as provided in the Act of 1939 (Ga. Laws Hl39, pp 201-204) for fire protection; and for other purposes.

FRIDAY, MARCH 14, 1941

701

By Senator Barnhill of the 5th: Senate Bill No. 222. A bill to be entitled an Act to amend an Act creating
the Board of Commissioners of Roads and Revenues of Clinch County, approved July 21, 1931, and Acts amendatory thereof, by providing that said Board publish quarterly financial statements; by providing ;"or the election of members of said Board, etc.; and for other purposes.
By Messrs. Bloodworth, Grice and W caver of Bibb; Turner, Candler and Duna way of DeKalb; and Williams of Jackson:
House Bill No. 16 5. A bill to be entitled an Act to appropriate to the State Department of Public Welfare, in addition to any other appropriation made thereto, certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls, etc.; and for other purposes.
By Messrs. Gowen of Glynn, Vickers of Coffee, Mann of Whitfield, and Bentley of Up~on:
House Bill No. 274. A bill to be entitled an Act to amend Section 47-101 of th~ Georgia Code of 1933 relating to the apportionment of members of the House o; Representatives among the several counties by re-apportioning the members of the House of Representatives among the several counties according to the last census of the United States; and for other purpo3es.
By Messrs. Davis of Coweta, Bynum of Rabun, Greene of Jones, Bruce of Troup, Howard of Long, Smiley of Liberty, Taft of Atkinson, and Gill of Bryan:
House Bill No. 237. A bill to be entitled an Act to empower and direct the Conservation Department to perform such Acts as may be necessary to the establishment of co-operative wild life restoration projects; and for other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 294. A bill to amend the Constitution of 6.eorgia so as
to permit the City of Hazelhurst to incur additional bonded indebtedness; and for other purposes.
By Messrs. Roughton of Washington and Bates of Ware: HouEe Bill No. 2%. A bill to repeal Sections 86-1501, 86-1502, 86-1503
of the Georgia Code of 1933, relating to the organization, formation and payment of exp~nses of a Home Guard or Constabulary; to provide for a Georgia State Guard; and for other purposes.
By Mr. Shannon of Tl\ iggs: House Bill No. 302. A bill to be entitled an Act to amend "An Act to
amend the banking law as codified in Title 13, Section 13-901, Paragraph 3 of the Georgia Code of 1933; and for other purposes.
By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb and Blease of Brooks:
House Bill No. 379. A bill to be entitled an Act to amend the Intangibles

702

JOURNAL OF THE SENATE,

Classification Tax Act which Intangibles Classification Tax Act is an Act to classify property for taxation; and for other purposes.
By :Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb and Blease of Brooks:
House Bill No. 380. A bill to be entit!ed an Act to amend Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part 9 (Income Taxes), of the Code of Georgia of 1933, by amending Section 92-3106 of said code as so amended relating to personal exemptions and credits; and for other purposes.
By Mr. Heard of Elbert: House Bill No. 557. A bill to be entitled an Act to require the county
school superintendent of Elbert County to publish annually a statement of monies collected and disbursed through his of1ice, to repeal conflicting laws; and for other purposes.
By Messrs- Dorsey of Cobb and Dunaway of DeKalb: House Bill No. 592. A bill to be entitled an Act to amend Paragraph 43
of the General Tax Act of 1935 by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 598. A bill to be entitled an Act to create a Board of
Commissioners of Roads and Revenues for the County of Johnson; and for other purposes.
By Mr. Fowler of Douglas: House Bill No. 610. A bill to be entitled an Act to amend an Act in-
corporating the Town of Douglasville, in the County of Douglas, to provide a new charter and municipal government for said Town; and for other purposes.
By Mr. Brooks of Mitchell: House Bill No. 505. A bill to be entitled an Act to amend An Act entitled
Ge1:eral Tax Act so as to provide for taxation of vending machines for dispensing articles composed partly of peanuts, pecans and othPr nuts grown in the United States; and for other purposes.
By Mr. Fowler of Douglas: House Bill No. 611. A bill to be entitled an Act to amend an Act amend-
ing, consolic!ating and superseding the several Acts i-corporating the Town of Douglasville, in the County of Douglas; and for other purposes.
By Messrs. Candler and Turner of DeKalb: House Bill No. 617. A bill to be entitled an Act to amend an Act ap-
proved August 17, 1909 creating and establishing a new charter for the City of Decatur; and for other purposes.
By Messrs. Candler, Turner and Dunaway of DeKalb: House Bill No. 618. A bill to be entitled an Act amending an Act em-
powering the governing authorities of the City of Decatur in DeKalb County

FRIDAY, MARCH 14, 1941

703

to make regulations regarding zoning and city planning, by providing for the appointme:1t of a planning Board; and for other purposes.
By Messrs. Kea and Lovett of Laurens: House Bill No. 689. A bi~l to be entitled an Act to create a new charter
for the City of Dublin; and for other purposes.
By :Messrs. Lovett and Kea of Laurens: House Bill No. 690. A bill to be entitled an Act to amend the Act entitled
an Act to create a new charter for the City of Dublin; and for other purposes.
By Messrs. Campbell and Livingston of Polk: House Bill No. 709. A bill to be entitled an Act to amend an Act of
February 17, 1876, to amend an Act entitled "An Act to incorporate the Town of Van Wert, in the County of Polk;" and for other purposes therein mentioned.
By Messrs. Jones, Lester a:1d Harris of Richmond: House Bill No. 711. A bill to be entitled an Act to amend the Civil Ser-
vice Commission Act of the City of Augusta; a"nd for other purposes.
By Messrs. Yawn and Jones of Dodge: House Bill No. 718. A bill to be entitled an Act to amend an Act approved
August 15, 1922, Georgia Laws 1322, pages 253 and 254, which amends an Act to establish the City Court of Eastman; and for other purposes.
The following local unco~tcsted bills of the Senate and the House were read the third time and put upon their passage:
By Senator Couch of the 52nd: Senate Bill No. 204. A bill to amend an Act establishing a new charter
for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Lewallen of the 33rd: Senate Bill No. 209. A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for Banks 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Couch of the 52nd: Senate Bill No. 212. A bill to provide for receiving tax returns, fixing

704

JOURNAL OF THE SENATE,

tax levies, and collecting taxes in certai'1 counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passag-e of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Edwards of the 6th asked unanimous consent that the following bill of the House be withdrawn from the Committee on State of Republic, read the second time, 4111d recommitted:
By Messrs. Lovett and Kea of Laurens: House Bill No. 716. A bill to amend the Act creating a new charter for
the City of Dublin; and for other purposes.
The consent was granted.
Senator Burnside of the 29th asked unanimous consent that the following resolutions of the House be withdrawn from the Committee on Ame!Jdments to the Constitution, read the second time, and recommitted:
By Messrs. Evans of :vrcDuffie and Smith of Hall: House Resolution No. 36-137E. A resolution proposing an amcndnHnt to
the Constitution increasi'1g the civil jurisdiction oZ justices of the peace in this State; and for other purposes.
The consent was granted.
Senator Odom of the Bth asked unanimous consent that the following bill of the House be withdrawn from the Committee on Special Judiciary, read the second time, and recommitted:
By Mr. Bridges of Early: House Bill No. 63 7. A bill to change the time of holding the Superior
Court of Early County; a'1d for other purposes.
The consent was gTanted.
By Mr. Mcintosh of Mcintosh: House Bill No. 162. A bill to permit tloc taking of catfish from waters
of :VIclntosh 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Witherington of Wilcox: House Bill No. 189.

FRIDAY, MARCH 14, 1941

705

A BILL
To be entitled an Act to propo!;;e to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Consttiution of Georgia, so as to authorize the Abbeville Consolidated School District, of Wilcox County to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1942; 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 past due and unpaid on January 1, 1941, or which may become due up to and including January 1, 1942; 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 Abbeville Consolidated School District of Wilcox

County may issue refunding bonds not in excess of the aggregate sum of

$:113,000.00 for the purpose of refunding and retiring any bonded indebtedness

and interest thereon of said school district outstanding, past due and unpaid

on January 1, 1941, and any bonded indebtedness and interest thereon of said

school district outstanding and which becomes due up to and including Jan-

uary 1, 1942, 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 refundbg bonds so issued by the Abbeville

Consolidated School District of Wilcox County to be used exclusively for the

purpose of paying and retiring said bonded indebtedness and interest thereon

past due and unpaid as of January 1, 1941, and any bonded indebtedness and

interest thereon outstanding and which becomes due up to and including Jan-

uary 1, 1942. Said refunding bonds shall be issued when authorized by a

resolution of the Board of Trustees of Abbeville Consolidated School District,

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 a 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, same 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, "lt'or ratification of amendment of Article 7, Section 7, Pa1ag-raph 1, of the Constitution authorizing the Abbeville Consolidated School District of Wilc<;~:X County

706

JOURNAL OF THE SENATE,

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 Abboville Consolidated School Distl'ict, of Wilcox County, to issue refunding bonds." A1d if a majority oZ 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 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.

:ilection 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:

Adams Almand Barnhill Bland Bargeron Burnside Clark Coker Couch Daughtry Dobbs Dorsey Drake Edenfield

Ed'\\ards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland

Lanier Martin Mason McGehee Mosley Odom Park Pilcher Ragan Rowland Smith, 35th Steed Sumner Whaley

Not voting were Senators: Bradley, Campbell, Cannon, Coxon, Lewallen, Milhollin, Smith of 24th, Striplin and Wall.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Witherington of Wilcox: House Bill No. 190. A BILL
To be entitled an Act proposing to the qualified voters of Georgia an

FRIDAY, MARCH 14, 1941

707

amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize the County of Wilcox to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and la-ws of Georgia for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of July 1, 1940, and which becomes due up to and including July 1, 1942; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon past clue and unpaid on July 1, 1940, or which may become due up to and including July 1, 1942; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Be it and it is hereby enacted by the General Assembly of the State of Georgia:
Section 1. 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 wilcox may issue refunding serial bonds not in excess of the aggregate sum of $48,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding, past due and unpaid on July 1, 1940, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including July 1, 1942, and provide for the assessment and collection of an annual tax, sufficient i~ 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 Wilcox to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July 1, 1940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1942. Said refunding bonds shall be issued when authorized by a resolution of the officials of Wilcox County charged with the duty of managing its affairs, and shall be validated as provided by law."
Section 2. When said amendment shall be agreed to by two-thirds of the members of each House, and the "ayes" and "nays" thereon recorded in their respective Journals, the same shall be published aml submitted to the qualified voters of the State, and the result consolidated and declared in the manner provided by the Act approved }/[arch 24, 1939 (Georgia Laws 1939, pages 305, 307).
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 o~ dered and the vote was as follows:

708

JOURNAL OF THE SENATE,

Those voting in the affirmative Were Senators:

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake

Edenfield Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Holt Houston Kiker Kirkland

Lanier Martin Mason )1cGehee Mosley Odom Park Pilcher Ragan Rowland Smith, 35th Steed Sumner Whaley

Not voting were Senators: Bradley, Campbell, Coxon, Hill, Lewallen, Milhollin, Smith of 24th, Striplin and Wall.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 42, nays 0. The bill, having n~ceived the requisite constitutional two-thirds majority, was passed.

By Mr. Kennedy of Tattnall:
House Bill No. 1U8. A BILL
To be e'ltitled an Act to propose to the qua!i;'ied voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Conditution of Georgia, so as to authorize the City of Reidsville to incur a bonded inclebteclnc~~ in addition to that heretofore authoriz:cl by the Constitution an:! laws ol' Georgia for the purpose of refunding and retiring its existing bomhd hdebtedness and interest thereon of said City due and unpaid as of January 1, 1H41, and any outstanding bonded in:!ebtedn~ss and interest therco'1 due up to and including December 1, 1950; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively Ior the retirement of said bonded indebtedness and interest thereon due and u1paid on January 1, Hl41, and any bonded indebtedness and interest thereon which becomes due up to and including December 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 the authority of sa:11e, that Article 7, Section 7, Paragraph 1, of t!1e Constitution of Georgia w!'J.ich has hcretofnre been amended, shall he further amen:led by adding at the end thcreoZ a new paragraph, in the following words, to-wit:

"And except that the City of Reidsville, Georgia, may issue refunding

FRIDAY, MARCH 14, 1941

709

serial bonds without restriction as to the limitation of taxable values of property for bond purpo~es, not in excess of the aggregatt> sum of $1 :~,500.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon o: said city outstanding, pm:t due and unpaid on January 1, 1941, and any bo!'lded indebtedness and interest thereon of said city outstanding and which becomes due up to and including December 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 as they fall due; the proceeds of all such refundL-g bondg so issued by the City of Reidsville to be used exclusively for the purpo~e of paying and retiring said bonded indebtedness and interest thereon due and unpaid as oi January 1, 1941, and any bonded indebtedness and interest thereo!'l outstanding and which becomes due up to and including December 1, 1!J;JO. Said refunding bonds shall be issued when authorized by a majority vote of the :\iayor and Council of the City of Reidsville, 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 "nayes" 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, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written o1 printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Reidsville, Georgia, to issue refunding bonds," and all persom; opposed to the adopting of mid amendment shall have written or printed on their ballots the words, "Against ratificatioYt of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Reidsville, Georgia, to isgue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereoZ, when the result shall be consolitlated as now required b;; law in election of members of the GeYJeral 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 partf' 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 ''as as follows:

Those voting in the affirmative were Senators:

Adams Almand

Bargeron Barnhill

Bland Burnside

'710

JOURNAL OF THE SENATE,

Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake Edenfield Edwards Fortson Franklin Garner

Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Martin Mason Milhollin

Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Bradley, Campbell, Coxon, Foster, Lewallen, McGehee, and Smith of 35th.

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

On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Forrester of Dade:
House Bill No. 238.
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 County of Dade to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon due and unpaid as of January 1, 1940, and which becomes due up to and including January 1, 1945; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon due and unpaid on January 1, 1940, or which may become due up to and including January 1, 1945; 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 Dade may issue refunding bonds not in excess of the aggregate sum of $32,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said County outstanding, past due and unpaid on January 1, 1940, and any bonded indebtedness

FRIDAY, MARCH 14, 1941

711

and interest thereon of said County outstandi>lg and which becomEs due up to and including January 1, 1945, and provide for the assessment and collection oi an annual tax, sufficient in amount to pay the principal a!ld interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the County of Dade to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1945. Said refunding bonds hall be issued when authorized by a resolution of the Ordinary of Dade 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" thereo!l, and published in one or more newspapers in each Congressional District in this State for two months previous to the tiine 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 County of Dade to issue refundi!tg bonds," and all persons opposed to the adopting of said amendment shall have written or printed on thdr ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the County of Dade to issue refunding Bo.'1ds." And if a majority of the electors qualiiied to vote for members of the General Assembly, voting thereon shall vote for ratification then'of, when the result shall be ronsolidated 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 \\as as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Barnhill Bland Burnside

Cannon Clark Coker Couch Daughtry Dobbs

Dorsey Drake Edenfield Edwards Fortson Foster

712

JOURNAL OF THE SENATE,

Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston

Kiker Kirkland Lanier :vlartin Mason McGehee Milhollin Mosley Odom

Park Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Whaley

Not voting were Senators: Bradley, Campbell, Coxon, Lewallen, Smith of 35th, and Wall.

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

On the passage of the 9ill, the ayes were 45, nays 0.

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

By Mr. Witherington of Wilcox:
House Bill No. 242.
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 G;!orgia, so as to authorize the City of Abbeville 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 July 1, 1940, and which becomes due up to and including May 1, 1943; to provide that the funds raised from such additional bonded indebtedness shall be use~l exclusively for the retirement of said bonded indebtedness, and interest thereon due and unpaid on July 1, 1940, or which may become due up to and including May 1, 1943; 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 Abbeville may issue refunding serial bonds not in excess of the aggregate sum of $22,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on July 1, 1940, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including May 1, 1943, and provide for the assl'ssment 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

FRIDAY, 1\iARCH 14, 1941

713

by the City of Abbeville to be used exclusively for the purpose of paying and retiring said bondld indebtedness and interest thereon due and unpaid as of July 1, 1D40, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including May 1, 1D4:3, said reZunding bonds shall be issue when authorized by an ordinance of the officials of the City of Abbeville chargetl with the duty of manag-ing its corporate affairs, and shall he validated as provided by law."

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall he 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, same 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 writte!l 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 Abbeville 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 Abbeville to issue re:unding 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 he 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 committe~:', 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 rwere Senators:

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Coker

Couch Daughtry Dobbs Dorsey Drake Edwards Fortson Foster Franklin

Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker

714

JOURNAL OF THE SENATE,

Kirkland Lanier Martin :Mason McGehee Milhollin

Mosley Odom Park Pilcher Ragan Rowland

Smith, 24th Steed Striplin Sumner Whaley

Not voting were Senators: Bradley, Campbell, Coxon, Edenfield, Lewallen, Smith of 35th, a:1d Wall.

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

On the pa~sage of the bill, the ayes were 44, nays 0.

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

By Mr. Witherington of Wilcox:
House Bill No. 266.
A BILL To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Secti.on 7, Paragraph I, of the Constitution of Georgia, so as to authorize Wilcox County, by vote of ib; fiscal authority, to issue, in addition to all other bonds, fumling bonds sufficient in amount to pay off and retire the designated warrant indebtcdness of said County; to provide that in the cve'1t such wanant indebtedness is paid off and retired th!\t 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 sl1all be executed; to legalize tax levies and to atothorize the
levy and collection o: a tax in the current year for use, all or in part, for
the operation of said Cou'1ty for the ensuing year; to provide how said bonds shall be authorized, validated and iswed; to requir2 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 purposes.

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same:

Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall bc- further amended by adding thereto a paragraph in the following words and language, to-wit:

"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constiwtion, and without restriction as to the limitation of taxable values of property for bond purposes, wilcox County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, o:.~tstanding and existing warrant in-

FRIDAY, MARCH 14, 1941

715

debteclness of saicl County, including interest clue or payable thereon, as the same app!.'ars of record in the ofiice of the Treasurer of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 clays and not more i,han 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as 'funding bonds'.
"In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment order 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 County shall be paid monthly or otherwise as may be determined by the governi;,g authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outsta'1ding checks, all such checks to be signed by the Chairman of said governing authority, a member of the governing authority, and the clerk, and countersigned by the Treasurer of said County, with the right in said governing authority to borrow money to supply casCJa! deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made a'1d made in the year Hl41 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express po~er and authority in said governing authority to levy and collect taxes for lawful County pmposes for the then current year ~or use a!! or in part in the operation of said County for the next ensuiDg year. No violation of any provision of this amendment as to the cond1ct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of funding bonds shall in anywise arfect or impair the validity of said Funding Bonds.
"Said funding bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of raid County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said funding bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the goveming authority of Wilcox Cou:->ty but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds."
Section 2. Be it further enacted by the aCJthority aforesaid, that when

716

JOURNAL OF THE SENATE,

said amendmc'nt 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 publisJoed in one or more newspapers in each Congressional District in this State for two months previous to the time [or 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 perwns 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 vVilcox County to issue funding bonds, and thereafter to operate on a cash basis, and for other purposeE", 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, so as
to authorize Wilcox County to issue funding bonds, thereafter to operate on
a cash basis, 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 oi the General Assembly, then said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of thl' State of Georgia, and the Governor shall make proclamation therefor as provided by law.

Section :l. Be it further enacted, that all laws or parts of laws in conflict
herewith be, and the same arc, hereby repealed.

The report of the committee, which was favorable to the pas_sage 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:

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake Edwards

Fortson Foster Franklin Garner Gross Guyton Hamilton Hill Holt Houston Kiker Kirkland Lanier Martin Mason

:\1cGehee l\1ilhollin Iviosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Whaley

FRIDAY, MARCH 14, 1941

717

Not voting were Senators: Bradley, Campbell, Coxon, Edenfield, Harrison, Lewallen, and \Vall.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 4<1, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Thigpen of Evans: House Bill No. 278. 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 Claxton to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Jaws of Georgia for the purpo~e of refunding and retiring its existing bonde<l indebtedness and interest thereon due and unpaid as of July 1, 1U41, and ,, hich becomes due up to and including January 1, 1U43; to provide that the funds raised from >Uch additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebted.,ess, and interest thereon due and unpaid on July 1, 1!!41, or which may become due up to and including January 1, 1U4:3; to provi(1e ~o1 the sub:1'ission of the amendment for ratification by the people, and fur 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 A1'ticle 7, Section 7, Paragraph 1, of the Constitutiu, 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 exc~pt that the City of Claxton may i~sue refunding serial bonds not in excess oZ the aggTegate sum of $5,000.00, for the purpose of refunding and retiring any b<vded indebtedness and interest thereon of said City outstanding, past due and unpaid on July 1, 1U41, and any bonded ind ~btedness and interest thereon of said City outstanding and which becomes due t'P to and including January 1, 1!!43, and provide ;or 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 Claxton to be used exclusively for the purpose of paying and retiring said bonded indebte~lness and interest thereo'l due and unpaid as of July 1, 1941, and any band~d indebtedness and interest thereon outstanding and which becomes due up tn and including January 1, 1943. Said refu:-_ding- bonds shall oe issued l'fhrn fln~11:lflzed by an ordinance of the officials of the City of Claxton charged with the duty of manag-ing- its corporate af::'airs, and shall be validated as provided by law."
Section 2. Be it further enacted by the authority aforesaid, that when 1mid amendment shall be agreed to by two-thirds vote of the members of each

718

JOURNAL OF THE SENATE,

House, with the "ayes" and "nays" thereon, a"!d 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, same shall at said general election be submitted to the people for ratificatio~'. All persons voting at said election in favor of adopting the saU 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 Claxto'1 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 Claxton to issue refnndi11g bonds." And if a majority of the electors qualified to vote for members of the General AEsembly, 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 amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution o~ 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:

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake Edenfield

Edwards Fortson Foster Fra'lklin Garner Gross Guyton Hamilton Hill Holt Houston Kiker Kirkland Lanier ::vrartin

Mason McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 35th Steed Striplin Sumner Whaley

Not voting were Senators: Bradley, Campbell, Coxon, Harrison, Lewallen, Smith of 24th, and Wall.

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

FRIDAY, MARCH 14, 1941

'719

On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional two-thirds majority, ""as passed.

By Mr. Rowland of Johnson:
House Bill No. 287.
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 Adrian (1st) Consolidated School District of Emanuel, J oh:1son and Treutlen Counties, Georgia, to incur a bonded indebtedness in adc!ition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unoaid as of January 1, 1D41, a-,d which becomes due up to and including January 1, 1942; 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, past due and unpaid on January 1, 1S41, or which may become due up to and including January 1, 1942; 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 e<d thereof a new paragraph, in the following words, to\\ it:
"And except that the Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, Georgia, may issue refunding 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 January 1, 1941, and any bonded indebtedness and interEst thereon of said School District outstanding and which becomes due up to and including Jan:tary 1, 1942, 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 proce2ds of all such refunding bo!:ds so issu~d by Adrian (1st) Consolidated School District, of Emanuel, Johnson and Treutlen Counties, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1942. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, Georgia, and :!>hall be validated as provided by law."
Section 2. Be it further enacted by the authority afoesaid, th!tt when said amendment shall be agreed to by a two-thirds vote oi the members o:(

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JOURNTL OF THE SENATE,

each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congres~iunal 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, same shall at said general election be ~ubmitted to the p~ople 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, "Fur 1atification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, Georgia, to issue rcfun:!hg bonds." And if a majority of the electors qualified to vot<.: for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

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, \\as 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 Rere Senators:

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Coker Couch Daughtry Dobbs Dorsey Drake

Edwards Fortson Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland

Lanier Martin Mason McGehee 1\Iilhollin Mosley Odom Park Pilcher Ragan Ro,.vland Smith,. 35th Sumner 'Whaley

Not voting were Senato1s: Bradley, Campbell, Coxon, Edenfield, Lewallen, Smith of 24th, Steed, Striplin, and Wall.

FRIDAY, MARCH 14, 1941

721

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By 1'lessrs. Greene of Jones, Goolsby of Monroe: House Bill No. 358. A bill to amend an Act approved August 20, 1929
designating Highway Mileage by adding additional mileage in Jones and Monroe 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Goddard of Spalding: House Bill No. 362. A bill to amend an Act approved July 21, 1921,
granting and amending the charter of the City of Griffin; 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 July 21, 1921, entitled "An Act to revise and consolidate the seve1al Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin; in Spalding County, Georgia; to amend the charter of said City;" to declare the rights and powers of said municipality; to repeal i'l its entirety an Act No. 366 approved February 12, 1938 known as the Griffin Retirement Pensions Act; and for othet purposes; so as to provide means for the furnishing of aid, relief, and pensionR to employees of said City nos in active service, whose names are now on the payroll of said City, a?"!d to future members thereof; to provide how such members who have served 25 years may be retired for life on pensions, and how the amount of such pensions may be determined; to provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determised; to provide for the refunding of the funds paid in by said members under certain situations; to provide that the Board of Commissioners of the City of Griffin shall make an assessment on wages o1 each member in active service on payroll and of future members to raise in part the funds to pay such aids, reliefs, and pensions; to provide the percentage rate of such assessment on present and future members; to provide that said Board of Commissioners of the City of Griffin shall levy a tax of one per centum on the premiums collected by fire, lightning, windstorms, theft, a'ld burglary insurance companies on property insured within the corporate limits of said city, to raise in part the funds to pay such aids, reliefs, and pensions, to set the time of the payment
of such tax into the City Treasury; to provide for the making of a report by

722

JOURNAL OF THE SENATE,

such companies and the City Manager of said City, to provide penalties for the failure to make such reports and pay such taxes; to provide how such :iunds shall be collected, deposited and maYiaged for the use of the pensioners provided for by this Act; to provide that the Board of Commissioners of the City of Griffin shall have the power and right to appropriate funds from the City Treasury to carry out this Act and to raise additional funds by advalorem taxation i:i' necessary; to provide any member hereunder shall maintain all rights under existing laws; to provide for the nature of investment of these funds; to create a Board of Trustees a:1d provide for their selection, election and term of office, to manage, deposit, disburse upon order, to authorize said Board of Trustees to make all necessary rules for carrying out the terms of this Act; to provide that such aids, relie~s, and p2nsions shall not be subject to attachment, garnishment or judgment, nor shall they be assignable; to provide for the rehearing on the conditon of a member previously adjudged totally disabled, and to grant such member and said Board of Trustees each the right of appeal; to provide for relief in case of sickness or accident in the discretion of the Board; to make the terms of this Act compulsory on all members receiving wages above seventy-five doEars ($75.00) per month and optional on all members receiving wages of less than $7 5.00 per month; to provide that if any part ol' this Act shall be held unconstitutional, the remainder thereof shall be of force a'1d effect; to provide that this Act does not apply to city school teachers; to repeal all Ia ws in conflict herewith, and for other purposes.
Be it enacted by the General Assembly of the State o:i' Georgia and it is hereby enacted by authority of the same, that the Act of the General Assemb!y approved July 21, 1U21, entitled "An Act to revise and consolidate tile several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spaldi:Jg County, Georgia; to amend the charter of said City; to declare the rights and powers of said municipality, and for other purposes," and the several subsequent Acts amendatory thereof, and the same are hereby amended; and the Act No. 3GG approved February 12, 1U38, known as the Griffin Retirement Pensions Act is hereby repeal ell in its entirety, as follows:
Section 1. Be it e:'lacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage oi this Act there shall be raised and established by the Board of the City Commissioners of the City of Griffin a fund for the aid, relief and assistance of the employees of the City of Griffin who arc now or may hereafter be in the regular employment of said City.
Section 2. Be it further enacted that any employee, complying with the terms of this Act and ordinances passed in pursuance thereof, and who is in the regular employ of said City at the time of the passage of this Act, and all employees hereafter regularly employed by said City, may retire from active service after a continuous service in the employ of said City for a term of twenty-five (25) years and have reached the age of sixty-five (G5) years. After an employee has reached the age of retirement and has been ~ontinuously employed by the City for 25 years, the Board of Commissioners

FRIDAY, MARCH 14, 1941

'723

of the City of Griffin, may in their discretion order said employee's retirement, and the decision and action of said Board shall be final.

Section 3. Be it further enacted, that when an employee shall be retired as provided in Section 2 of this Act, he shall be paid monthly from said Fund during the remainder of his life, the sum of fifty per cent. (50 '/r ) of his average monthly wage or salary based on the ten years immediately prior to the date of his retirement, provided said retirement pay shall never exceed the sum of fifty ($50.00) per month.

Section 4. Be it further enacted, that should an employee of said City become totally and permanent disabled and be incapacitated of self-suj>pport after ten (10) years service with said City, he shall be paid monthly from said fund, for the remainder of his life, or until revoked by the Trustees as he1einafter provided in Section 14, the following sums based upon his length of service at the time of his disability, to-wit:

One-thirtieth of fifty (50 '/r ) pet centum of his average monthly wage or salary, based upon the ten years immediately preceding the date of his disability, multiplied by the number of years of his service at the time of his disability, as shown by the following table:

Time served at date disability

Cents per month per $

For Each $1.00 of Salary

10 years service 11 years service 12 yeats service 13 years service 14 years service 15 years service 16 years service 17 years service 18 years service 19 years service 20 years service

.166"6 Cents .1832 .20 .2165 .2332 .25 .2666 .2833 .30 .3166 .3332

Time served at date disability

Cents per month per $

For Each $1.00 of Salary

21 years service 22 years service 23 years service 24 years service 25 years service 26 years service 27 years service 28 years service 29 years service 30 years service

.35 .3665 .3831 .40 .4166 .4333 .45 .4665 .4832 .50

Provided, however, that the disability pay shall in no event exceed $50.00 per month.

Section 5. Be it further enacted that the benefits and privileges set out in Sections 2, 3, and 4 above shall not become effective or operative until after the expiration of two years from the approval of this Act.

Section 6. Be it further enacted, that should an employee leave the employ of said City for any cause, he shall be paid out of the said Fund all assessments paid in by him, less 2 '/r thereof for each year of service after adoption of this Act, provided, however, should he leave said cmoloy within two years of his employment he shall forfeit all assessments paid into said fund.

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JOURNAL OF THE SENATE,

In case of death of an employee, the full amount, less 1 %- of said amount
per year for each year of his service, after the adoption of this Act, paid in by him as assessments to said Fund, shall be paid to his dependents, if ar.r, otherwise to such person as the employee may have designated.
Section 7. Be it further enacted, that the wage or salary of each employee of said City regularly employed at the time of the passage of this Act is hereby assessed according to the length of continuous service of said employee with said City, as follows:
Up to 10 years service, 2lh 'I< of his average monthly wage or salary; 10 to 20 years service, 3"h '/r. of his average monthly wage or salary; Over 20 years service, 5 '/r of his average monthly wage or salary.
The wages or salary of each employee employed by said City after the date of the passage of this Act, is hereby assessed according to the age of the employee at the time he is employed by said City, as follow~:
20 to 30 years of age, 2% '/r of his monthly wage or salary; 30 to 4 0 years of age, :Ph '/r of his monthly wage or salary; Over 40 years of age, 5 'lr of his monthly wage or salary.
An employee receiving a salary or wage of more than $200.00 per month, shall be aF:sessed on $200.00 only, and receive benefits based on the $200.00 not to exceed $50.00 per month.
All assessnwnts shall be deducted from the wage or salary of the employee by tl>e City Manager and paid into said Fu'1d. The assessments may be prorated according to how said salary or wage is paid-monthly, tri-weekly or weekly. Nothing in this Act shall affect the wage or status of the employee under existing laws, except his asse::;&ment for dues as herein provided.
"Employee" shall include only those regularly employed by the City and who devote their entire working time to said City. In computing the salary or wage of any employee no prerequisite or allowa'!lce for usc of car or house rent ~hall be included.
Section 8. From and after the passage of this Act, a tax ol' one per centum is hereby imposed on all premiums paid for fire, lightning, burglary and theft insurance, collected by insurance companies, firms, associations or persons, on all property situated within the limits of the City of Griffin. Said tax shall be due and payable on the first day of April oi' each calendar year for the premium collected the preceding year, beginning with premiums on policies written after April 1, 1941.
It is hereby made the duty of each insurance company, fim1, person or association, writing such insurance on property i'1 Griffin, to make a full report to the City Manager of all such premiums collected, on or before the first day of April of each year, on blanks furnished by the City Manager on request, and to pay the tax thereon. A failure to receive said blanks sha~l in no wise relieve the Company from making such report. A failure to make such report

FRIDAY, MARCH 14, 1941

725

and pay the said tax ghall be a crime and punished as provided in Section 96' of the Code of the City of Griffin, and in addition thereto shall subject the offending Company to double taxation, which shall be collected by execution ~s other City taxes.
All taxes under this Section shall be collected as other City taxes are collected, and turned over to the Treasurer of the Board of Trustees to be used in carrying out the purposes of this Act.
Section n. Be it further enacted that the Board of Commigsioners of the
City of Griffin, shall, in order to carry out the provisions of this Act, appropriate to said fund annually a sum not less than 50 '.k of the amount paid into :;aid fund by the assegsments collected from the employees, or such amount as is necessary to catTY out the provisions of this Act, said amount to be appropriated ami paid out of the general funds of said City or in the discretion of the Board of Commissioners raised by an additional ad valorem tax levied and collected for that purpose as other taxes are levied and collected.
Section 10. None of the funds herein m~ntioned, either in the hands of the Board, the member, or his benc:iiciaries, shall be subject to attachment, garnishment, or judgment, and no such fund or any interest therein, shall be tran~ferrable or assignable.
Section 11. This Act shall not affect any rights the member or his beneficiary may have under any existing laws.
Section 12. The Board of Trugtees is authorized to invcgt the funds in their hands in United Rtates, State of Georgia, County, Municipal bonds, Federal Saving Loan bonds only.
Section 13. Be it further enacted, that there is hereby established, to serve without pay, a Board of Trustees of the Griffin Employees Aid Fund, whose duties it ghall be to carry thig Act into effect, to collect, digburse, manage and control said fund, and to adopt and enfotce all necessary rules and l"egulations therefor. The said Board shall consigt of the Chairman of the Board of Commissioners of the City of Griffin, the City Manager of the City of Griffin, the City Attorney of the City of Gtiffin, and two employees of the City of Griffin, who have been employed by said City five or more years. The said latter two memberg to be elected by a vote of the employees of said City at an election held at the City Hall, und:>r the direction and supervision of the City Manager. The first election to be held on the first .:.vlonday in the month immediately following the approval of this Act and thereafter on the first Monday in March of each year. The employee getting the largest number of votes shall be a member of said Board for a term of two years, and the employee getting the second highest number of votes shall be a member of said Board for one year. Thereafter one member shall be elected each year to serve for a tetm of two years, and until his successor is elected and qualified. The other members of said Board shall hold co-extensive with their terms of office. The Board shall elect a chairman and a secretary. The City Manager shall act as Treasurer of said Board and shall secure and keep all

726

JOURNAL OF THE SENATE,

funds and pay the same out under the direction of the Trustees upon vouchers signed by the Chairman and the Secretary. He shall give security for faithful discharge of his duties. The Board of Trustees shall meet at such time and place as the Board may fix. A majority of said Board shall constitute a quorum and a majority vote of the entire Board of Trustees shall control on all questions.
Section 14. Be it further enacted,' that the Board of Trustees shall have the sole authority to pass upon the retirement of all employees for age and length of service for disabilities, either upon the application of the employee or on their own motion, except as herein otherwise provided, and the decision of said Board shall be final, unless an appeal is taken therefrom by either the employee or the Board of Trustees to the Superior Court of Spalding County. The Board of Trustees shall have the power and authority to order a rehearing at any time after an employee of the City has been adjudged totally and permanently disabled as above for the sole purpose of determining if his di:sability continues. The Board of Trustees may revoke an order of retirement on account of total and pe1manent disability if, in their opinion, after a hearing duly had, the disability no longer exists.
The applicant or employee shall each have the same rights of appeal as above provided.
Section 15. Be it further enacted, that when in the opmwn of the Board of Trustees the amount of funds in their hands so justify, the Board of Trustees may provide for the care of members temporarily incapacitated by sickness or injury, and to suspend said benefits at their discretion.
Section 16. Be it further enacted, that the provision of this Act shall be binding and compulsory on all City employees receiving a salary or wage of $7 5.00 or more per month, and optional as to all City employees receiving a salary or wage of less than $75.00 per month. Employees receiving less than $75.00 per month shall come under the provisions of this Act only upon making written application therefor to the City Manager on forms furnished for :hat purpose.
Section 17. The provisions of this Act shall not be applicable to teachers and other employees working in the city school system under the authority of the City Board of Education.
Section 18. The plan and purpose of this Act is to provide and furnish aid, relief, and pensions to aged and disabled employees in the City of Griffin; and the taxation herein provided is a part of the general purpose of this Act to accomplish this end.
Section 19. Be it further enacted, that should any clause or portion of this Act be declared unconstitutional or invalid by any Court for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so held to be unconstitutional or invalid.
Section 20. Be it enacted that all laws and parts of laws in conflict here-

FRIDAY, :.v.IARCH 14, 1941

727

with be and the ~ame arc hereby repealed.
The report of the committee, v.:hich was favorable to the passage of the bill by substitute, was agrted to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Mr. Kennedy of Tattnall: House Bill No. 571. A bill to reduce the official bond of the Sheriff of
Tattnall County to $5,000.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Mcintosh of Mclnto~h: House Bill No. 589. A bill to amend an Act to establish the city court
of Darien; and for other purposes.
The report of the committee, \\ hich was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Kennedy of Tattnall: House Bill No. G48. A bill to amend an Act creating a Board of Com-
missioners of Roads and Revenues for the County of Tattnall; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was ag'l'eed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :.v.Ie>srs. Smith and Smitha of Carroll: H(\use Bill No. 678. A bill to authorize the Town of Bowdon to enact
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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

728

JOURNAL OF THE SENATE,

By Mr. Fuller of Toomb~: House Bill No. fl80. A bill to create the City of Santa Claus, in the County
of Toombs; and for other purposes.
The report of the committee, which was favorable to thE~ passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Atkinson, McNall and Grayson of Chatham: House Bill No. 691. A bill to confer upon the Savannah Port Authority
additional powers; and for other purposes.
The repoit of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills and resolutions of the Senate and House were read the first time and referred to committees:
By Mr. Horne of Crisp: House Bill No. 355. A bill to propose an amendment to the Constitu-
toin so as to authorize the City of Cordele to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Mixon of Irwin: House Bill No. 406. A bill to propose to the qualified voters of Georgia
an amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Irwin to issue bonds in the amount necessary to pay off current indebtedness of said County; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Rowland of Johnson: House Bill No. 420. A bill to amend the Constitution so as to authorize
the Wrightsville Consolidated School District to incur a bonded indebtedness in addition to that already authorized; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Fuller of Toombs: House Bill No. 454. 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 Toombs County to issue funding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.

FRIDAY, MARCH 14, 1941

729

By :\i:essrs. Weaver, Grice and Bloodworth of Bibb: House Bill No. 511. 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 authorizc the City of Macon to issue notes or debt certificates for financing appropriations for and contributions to local, state or national defense; and for other purposes.
Referred to Committee on Amendments to Consttiution.
By 'Wr. Foster of Paulding: House Bill No. 517. 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 Paulding County by vote of its fiscal authority to issue i'unding bonds; and for othet purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Kaigler of Quitman: House Bill No. 528. A bill to propose to the qualified voters of Georgia
an amendment, so as to authorize Quitman County to issue funding bonds; and for other purposes.
Referred to Committe<' on Amendments to Constitution.
By Mr. Fuller of Toombs: House Bill No. 533. A bill to propo!<e an amendment to the Constitution
so as to authorize thc City of Vidalia to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. ~'lims of Miller: House Bill No. 534. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution of Georgia, so as to authorize Miller County to issue wanant funding bonds sufficient to pay off warrant indebtedness of said County; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Fuller of Toombs: House Bill No. 561. A bill to propose to the qualified vote1s of Georgia
an amendment to the Constitution of Georgia, so as to authorize the Johnson Corner School District of Toombs County to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of Georgia; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. \Veaver, Bloodworth and Grice of Bibb: House Bill No. GIG. A bill to propose an amendment to the Constitution
of Georgia so as to authorize Bibb County to make temporary loans between January 1 and December 31 of each year to be paid out of the 1evenues received by that County in that year; and for other purposes.

730

JOURNAL OF THE SENATE,

Referred to Committee on Amendments to Constitution.
By Mrs. Mankin, :Wessrs. Kendrick and Etheridge of Fulton; Messrs. Candler, Dum,way and Turner of DeKalb:
House Bill No. 626. A bill to propose to the qualified voters of Georgia an amendment to the Constitution authorizing Fulton ar.d DeKalb Counties to establish a highway authority; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Joiner of Cook and Connell of Lowndes: House Bill No. 638. A bill to propose to the qualified voters of Georgia
an amendme,,t to the Constitution of Georgia so as to authorize Cook County to issue funding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Brooks of Oglethorpe: House Bill No. 646. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution of Georgia, so as to authorize the City of Crawford to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Bennett of Jeff Davis: House Bill No. 640. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize Jeff Davis County to issue sufficient funding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Bennett of Jeff Davis: House Bill No. 667. A bill to propose an amendment to the Constitution
so as to authorize the Excelsior Consolidated School District of Jeff Davis County to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By :uessrs. Brooks and Hanel o:i Mitchell: House Bill No. 702. 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 Board of Education of Mitchell County to make temporary loans; and for other purposes.
Referred to Committee on Amendments to Constitution.
By :vir. Brooks of Oglethorpe: House Bill No. 725. 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 Crawford School District, a bonded school di~trict, to issue
bonds for the purpose of funding and I or ref;_mding and retiri1g any or all
of its bonded indebtedness at any time outstanding, including interest thereon; and for other purposes.
Referred to Committee on Amendments to Cortstitution.

FRIDAY, MARCH 14, 1941

731

By l\1r. Brooks of Oglethorpe: House Bill No. 726. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution of Georgia, so as to authorize the City of
Lexington to issue bonds Ior the purpose of funding and I or refunding and
retiring any or all of its bonded indebtedness at any time outstanding; and for other puproses.
Referred to Committee on Amendments to Constitution.
By l\1r. Brooks of Oglethorpe: 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 of Georgia, so as to authorize Oglethorpe County to issue refunding bonds; to provide that said county shall operate on a cash basis; and for. other purposes.
Referred to Committee on Amendments to Constitution.
B:r Mr. Candler of DeKalb: House Resolution No. 61-326D. A resolution to propose to the qualified
voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Comtitution of Georgia, so as to authorize the City of Stone Mountain to incur a bonded indebtedness in addition to that already authorized by the Constitution; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Candler, Dunaway and Turner of DeKalb: House Resolution No. 65-357 A. A resolution proposing to the qualified
voters of Georgia an amendment to Article 2, Section 1 of the Constitution of the State of Georgia authorizing the Commissioner of Roads and Revenue of DeKalb County to establish sewerage; and for other purposes.
Refened to Committee on Amendments to Constitution.
By Messrs. Blackshear and Smith of Hall: House Resolution No. 68-375B. A resolution 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 Gainesville to incur a bonded indebteciness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Welsch and Dorsey of Cobb: House Resolution No. 72-421A. A resolution proposing an amendment
so as to amhorize Cobb County to issue funding bonds; and for other purposes. Referred to Committee on Amendments to Constitution.
By Messrs. Williams and Bates of Ware: House Resolution No. 84-491A. A resolution to propose to the qualified
voters of Georgia an amendment to the Constitution of Georgia, so as to provide for allowing the City of waycross in \Vare County, Georgia, to incur an indebtedness, bonded or otherwise, payable only from revenue or waterworks; and for other purposes.

732

JOURNAL OF THE SENATE,

Referred to Committee' on Amendments to Constitution.
By Messrs. Barber and Barlow of Colquitt: House Resolution No. !J0-511B. A resolution to propose to the qualified
voters of Georg-ia an amendment to Article 7, Section 7, Paragcajh 1, of the Consttiution, so as to authorize the City of Doerun to refund its present or any future bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. YicCracken of Jefferson: House Re~;olution No. 9G-551A. A resolution to amend the Constitution
so as to authorize School District No. 10 in Jefferson County, to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Grayson, McNall and Atkinson of Chatham: House Resolution No. !l!l-5G3A. A resolution proposing a Constitutional
amendment to authorize Chatham County, Georg-ia, to levy school taxes in addition to those now authorized by law; and for other purposes.
Referred to Committee on Amendments to Constitution.
By :Mr. Moate of Hancock: House Resolution No. 105-G 12A. A resolution proposing- to the qualified
voters of Georg-ia an amendment, so as to authorize the County of Hancock to refund bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Swint and Goddard of Spalding: House Resolution No. 1 O!l-G4GA. A resolution proposing- to the qualified
voters an amendment to Article fi, Section 2, Paragraph 1 of the Constitution, so as to provide for the division of Spalding County into school districts; and for other purposes.
Referred to Committee on Amendments to Constitution.
Senator Lanier of the 18th moved that the Committee on Amendments to the Constitution be instructed to confer with the Attorney General on all House bills an<! resolutions that had been referred to that committee today and ask for an opinion as to the constitutionality of the so-called "group method" reported to have been used in effecting- their passage in the House.
On the motion of Senator Lanier of the 18th, the ayes were 37, nays 4, and the motion prevailed.
By Messrs. Sug-g-s and Ferguson of Sumter: House Bill No. 46. A bill to be entitled an Act to provide for and desig-
nate the line through the State of Georgia which shall be considered the time line, that is, fixing the boundary of the territory in which eastern time shall prevail and the territory in which central time shall prevail; and for other

FRIDAY, MARCH 14, 1941

733

purposes. Referred to Committee on General Judiciary No. 1.
By Messrs. Drinkard of Lincoln, Pannell of ::\'lurray, Evans of McDuffie: House Bill No. 141. A bill to be entitled an Act to promote public safety
by providing for the examination and licensing by the State Fire Inspector of operators of machinery used in projection booths of licensed motion picture theatres operated fo1 profit; and for other pmposes.
Referred to Committee on Special Judiciary.
By :\'lessrs. Livingston of Polk and Dallis of Troup: House Bill No. 201. A bill to be entitled an Act to repeal an Act entitled
"An Act to authorize and regulate the practice of Chiropractic in the State of Georgia; and for other purposes.
Referred to Committee on Hy.e;iene and Sanitation.
By Mrs. Mankin and Mr. Etheridge of Fulton, Messrs. Turner, Candler and Dunaway of DeKalb:
House Bill No. 309. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution authorizing the establishment of hospital authorities; and for other purposes.
Referred to Committee on State of the Republic.
By Mrs. Mankin and Mr. Etheridge of Fulton, and Messrs. Turner, Candler and Dunaway of DcKalb:
House Bill No. :no. A bill to be entitled an Act to establish hospital au-
thorities, defining the duties and powers of said authorities; and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Elliott of ::\'luscogee, and Brinson of Chattooga: House Bill No. 391. A bill to be entitled an Act to provide an alternative,
additional and simpler method for the trial and correction of errors of law by the Supreme Court and Coul't of Appeals, in cases within their respective constitutional jurisdictions, to provide for rules on the subject; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By :Messrs. Pickett of Pickens and Yawn of Dodge: House Bill No. 668. A bill to be entitled an Act to regulate strikes, slow
downs, and stoppages of work; to prohibit strikes, except after certain written notices; to prohibit the calling of strikes by labor organizations having minority representation, to fix punishments for the violation of this Act; and for other purpoH:s.
Referred to Committee on Indu:stlial Relations.
By Mr. Brinson of Chattooga: House Bill No. 722. A bill to be entitled an Act to amend an Act entitled

734

JOURNAL OF THE SENATE,

an Act to create and incorporate the City of Summerville in lieu of the Town of Summerville; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Russell of White, Williams and Hardy of Jackson: House Resolution No. 124. A resolution to pay tribute and honor to Dr.
L. G. Hardman who was a leader in the State of Georgia, in the advancement of all things contributing to the progress and welfare of this State by naming the bridges across the Chattahoochee River in Nacoochee Valley for and in his memory; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Aiken of Bulloch: House Resolution No. 145. A resolution to provide for Committees to visit
state institutions; and for other purposes. Referred to Committee on State of the Republic.
The following resolution of the Senate was read the second time and taken up for consideration:
By Senator Franklin of the 38th: Senate Resolution No. 6"1-219A. A resolution directing the State Hos-
pital Authority to delete the names of E. D. Rivers, Ellis Arnall, R. H. Freeman, Jr., S. W. Howell, and Ivan Allen, Jr., from the State Hospital Building in Milledgeville; and for other purposes.
On the adoption of the resolution, the ayes were 22, nays 10, and the resolution was adopted.
Senator Sumner of the lOth asked unanimous consent that the following bill of the House be withdrawn from the Committee on Game and Fish, read the second time, and recommitted:
By Messrs. Ford and Jones of Worth; Sabados and Wetherbee of Dougherty: House Bill No. 448. A bill to name certain fish as fresh water game
fish, to provide for a fishing season, bag limit, etc.; and for other purposes.
The consent was granted.
Under the order of unfinished business, the following bill of the Senate was taken up for consideration:
By Senators Edenfield of the 4th and Whaley of the 43th: Senate Bill No. 133. A bill to define and regulate the business of making
loans in the amount of $300 or less; and for other purposes.
Senator Coker of the 3!Jth moved that further action on Senate Bill No. 133 be postponed.
Senator Lanier of the 18th moved that Senate Bill No. 133 be tabled.

FRIDAY, MARCH 14, 1941

735

On the motion to table, the ayes were 14, nays 28, and the motion was lost.
The motion of Senator Coker of the 39th to postpone prevailed, and the bill was postponed.
Senator Clark of the 44th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 10 o'clock.

736

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
:\'londay, March 17, 1941.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Prayer was offered by the Rev. R. A. Edmondsa, Ag-ent for the Superannuated Humes of the North Georgia Conference, :\'lethudist Church.
By unanimous consent, the call of the roll was dispensed with.
Senator Odom of the 9th, Vice-Chairman of the Committee on Journals, reported that the Journal of Friday'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 Edwards of the 6th was granted unanimous consent to make the following statement and to have same incorporated in the Journal:
whereas, when House Bill No. 267, a local bill for Barrow County, was under consideration by the Committee on Counties and County Matters, it was made to appear as a fact by the introduction of the winder News, the official organ of Barrow County in which are published the sheriff's advertisements, dated January 30, 1941, that the notice of an intention to introduce a bill to reorga'1iz~ the Board of Commissioners of Barrow County was given;
\Vhereas, it was made to appear as a fact by the affidavit of H. 0. Smith, editor and publisher of said Winder News that this notice of such local legishtion given on January 30, 1941 was the first and only notice thereof appearing in the \Vinder News;
whereas, it was made to appear as a fact that the uriginal notice of such local legislation placed on the bulletin board of Barrow County at the Court House was dated January 25, 1941 by the affida1it of G. A. Johns;
whereas, it was made to appear as a fact tbat no certificate was obtained from the Ordinary of Banow County as required by law showing the due and timely publication of such notice of local legislation in the Winder News and on the bulletin board at the Court House of Barrow County;
\Vhereas, it was made to appear as a fact that the purported notice in said paper and on said bulletin board did not carry the caption or title of the proposed bill now known as House Bill No. 267, bat only gave notice of an intention to reorganize the said Board of Commissioners of Barrow County;
Whereas, it was admitted on the hearing before said Committee by Representative H. B. Smith of Barrow County as the author of the bill, No. 267, and by the Senator from the 27th District, Ho>l. E. L. Almand, that said proposed local legislation had not been advertised as required by law for a period of thirty days prior to the introduction of bill 267 and;

MONDAY, MARCH 17, 1941

737

Whereas, the evidence introduced before said Committee on said hearing establishing these facts is in the possession of the Senator of the 27th District, who stated he would produce the same to the Senate if required and would ask that these facts be made to appear of record in the Senate Journal:
whereas, it was made to appear as a fact on said hearing from and inspection of House Bill No. 267, that it was introduced in the House on February 3, 1941, only four days after the notice thereof was published in the Winder News and;
'Vhereas, all these recitals are true and are statements of fact supported by documentary evidence produced before the Committee on said hearing;
Whereas, the Constitution of Georgia as set forth in Section 2-1816 of the Code of Georgia of HJ33 and by Section 47-801 en-acted under said Constitution requiring such advertisement for a period of thirty days before said bill can legally be introduced and requiring publication on the bulletin board and a certificate of the Ordinary as proof thereof;
"Whereas, when the Senate passed House Bill No. 267 and attached an amendment providing for a referendum the Senate was not in possession of all these facts and acted without knowledge thereof;
Therefore, because of these recitals and proven facts it is desired and moved that these recitals of fact set forth herein be incorporated in the Senate Journal and made a record as to House Bill No. 267.
The consent was granted.
The following message was received from the House through Mr. Boone, 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. Elliott and Wohlwender of Muscogee:
House Bill No. 661. A bill to be entitled an Act to empower all counties having a population of not less than 57,000 nor more than 80,000 to establish a pension system for county employees; and for other purposes.

By Mr. Rich of Union: House Bill No. 723. A bill to be entitled an Act to repeal and supersede
the Acts incorporating the Town of Blairsville, and to create a new charter for said municipal corporation; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 730. A bill to be entitled an Act to create and incorporate
the City of Pine Forest; and for other purposes.
By ~iessrs. Bates and Williams of Ware; Southwell of Charlton; Jones of

738

JOURNAL OF THE SENATE,

Brantly and Bowen of Pierce: House Bill No. 599. A bill to be entitled an Act to place the official
court reporter of the Waycross Judicial Circuit on a salary; and for other purposes.
By :\irs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 674. A bill to be entitled an Act to provide for pensions
for employees of Fulton County; and for other purposes.
By MesErs. Smith and Smitha of Carroll: House Bill No. 705. A bill to be entitled an Act to amend an Act creat-
ing the Board of Commissioners of Roads and Revenues of Carroll County; and for other purposes.
By Mr. Vickers of Coffee: House Bill No. 92. A bill to be entitled an Act to amend the Highway
Mileage Act; and for other purpoEes.
By Mr. Willoughby of Clinch: House Bill No. 739. A bill to be entitled an Act to amend the Act creat-
ing the Board of Commissioners of Roads and Revenues for Clinch County; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 566. A bill to be entitled an Act to amend the charter
of the City of Atlanta; and for other purposes.
By Mr. Hardman of Madison: House Bill No. 710. A bill to be entitled an Act to amend the Act estab-
lishing the office of Tax Receiver and Tax Collector of Madison County; and for other purposes.
By Mr. :\'lillct of Lanier: House Bill No. 743. A bill to be entitled an Act to amend the Act creat-
ing the Board of Commissioners of Roads and Revenues for Lanier County; and for other purposes.
By Messrs. Davis and Arnall of Coweta: House Bill No. 712. A bill to be entitled an Act to amend the Highway
Mileage Act; a~1d for other purposes.
By l\iessrs. Barber and Barlow of Colquitt: House Bill No. 703. A bill to be entitled an Act to amend the Act creating
the city court of Colquitt County; and for other purposes.
By Messrs. Candkr, Dunaway and Turner of DeKalb: House Bill No. 728. A bill to be entitled an Act to amend the Act abolish-
ing the County Treasurer of DeKalb County; and for other purposes.
By Mr. Hagan of Screven:

MONDAY, MARCH 17, 1941

739

House Bill No. 721. A bill to be entitled an Act to fix the compensation of the County Treasurer of Screven County; and for other purposes.
By :Wessrs. Price and Hunnicutt of Clarke: House Bill No. 701. A bill to be entitled an Act to amend an Act to
consolidate the County of Clarke and City of Athens Boards of Health; and for other purposes.
By Messrs. Sills of Candler, Deal and Aiken of Bulloch: House Bill No. 559. A bill to be entitled an Act to amend the Highway
Mileage Act; and for other purposes.
By Mr. Joiner of Cook: House Bill No. 536'. A bill to be entitled an Act to amend the Act entitled,
"Cook Tax Commissioner"; and for Qther purposes.
By Mr. Wells of Clayton: House Bill No. 735. A bill to be entitled an Act to amend an Act amend-
ing the Act creating the Board of Commissioners of Roads and Revenues for the County of Clayton; and for Qther purposes.
By Mr. Willoughby of Clinch: House Bill No. 741. A bill to be entitled an Act creating the County Court
of Clinch County; and for other purposes.
By Mr. Willoughby of Clinch: House Bill No. 737. A bill to be entitled an Act to require the County
Board of Education of Clinch County to publish quarterly reports; and for other purposes.
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 719. A bill to be entitled an Act to create a new charter
for the City of Andersonville; and for other purposes.
By Messrs. Petit and Martin of Bartow: House Resolution No. 132-742C. A resolution to relieve W. A. Jones, A.
P. Reynolds, and C. H. Wilbanks as sureties on the bond of D. F. Wilbanks; and for other purposes.
By Mrs. Guerry of :Wacon: House Bill No. 304. A bill to be entitled an Act to amend Section 32-
1503 of the 1933 Code, so a~ to change the elates for the observance of certain days of special significance and holidays; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 554. A bill to be entitled an Act to allow counties having
a population of 100,000 or more to establish law libraries; and for other purposes.
By Mr. Willoughby of Clinch<

740

JOURNAL OF THE SENATE,

House Bill No. 738. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes.
By Mr. Wells of Telfair: House Bill No. 733. A bill to be entitled an Act to amend and consolidate
the several Acts incorporating the Town of Milan; and for other purposes.
By Messrs. Kea and Lovett of Laurens, Rowland of Johnson, and Atkinson of Chatham:
House Bill No. 214. A bill to be entitled an Act to amend the Code of 1933, Section 59-310, so as to authorize grand juries to employ auditors; and for other purposes.
By Messrs. Elliott and Wholwender of Muscogee: House Bill No. 662. A bill to be entitled an Act to provide for the appoint-
ment of a Surveyor in counties having a certain population; and for other purposes.
By Messrs. Aiken and Deal of Bulloch: Home Bill No. 568. A bill to be entitled an Act to require candidates for
the General Assembly to qualify for a designated seat in counties having a certain population; and for other purposes.
By Mess1s. Elliott a'ld Wohlwender of Muscogee: House Bill No. 663. A bill to be entitled an Act to empower all counties
having a population according to the census of not less than 57,000 and not more than 80,000 to install sewers and water mains; and for other purposes.
By Mr. Dupree of Pulaski: House Bill No. 583. A bill to be entitled an Act to authorize the Clerks
of the Superior Court of Counties having a certain population to make official bonds with incorporated fidelities as sureties thereon; an~! for other purposes.
By Mr. Hogg of Marion: House Bill No. 677. A bill to be entitled an Act to amend an Act estab-
lishing a salary system in certain counties, by excepting Marion County from application of said Act; and for other purposes.
By Messrs. Dunaway of DeKalb, Grice and Bloodworth of Bibb: House Bill No. 605. A bill to be entitled an Act to regulate activities at
polling places in certain counties having a designated population; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 6!J7. A bill to be entitled an Act to amend title 92 of the
1933 Code so as to limit certain powers and duties of Tax Receivers in counties o:i 200,000 population or more; and for other purposes,
By :.\iessrs. Elliott and Wohlwender of Muscogee:

MONDAY, MARCH 17, 1941

741

House Bill No. 660. A bill to be entitled an Act to confer the right of eminent domain for the purpose of laying water mains and sewers upon all counties having a certain population; and for other purposes.
By Messrs. Parker and Roberts of \Valton: House Bill No. 579. A bill to be entitled an Act to amend an Act to pro-
vide for Tax Commissioners to collect commissions on all property returned for taxes in all counties having a certain population, and for other purposes.
By Mr. Easler of Crawford: House Bill No. 572. A bill to be entitled an Act to authorize every county
having a certain population to pay the sheriff additional compensation for transportation expenses; and for other purposes.
By Messrs. Yawn and Jones of Dodge: House Bill No. 587. A bill to be entitled an Act to amend Section 39-
1103 of the Civil Code of 1933, providing how and by whom the official county organ shall be selected; and for other purposes.
By Messrs. Elliott and \Yohlwender of Muscogee: House Bill No. 656'. A bill to be entitled an Act to authorize the Com-
missioners of Roads and Revenues of counties having a certain population to adopt and enforce building and construction regulations; and for other purposes.
By Messrs. Vickers of Coffee, and Taft of Atki!lson: House Bill No. 91. A bill to be entitled an Act to amend the Highway
Mileage Act; and for other purp9ses.
By Mr. Gaston of Butts, \Yells of Burke, and Smitha of Carroll: House Resolution No. 134. A resolution expressing appreciation to the
citizens of Charlton County and others for hospitality extended to members of the inspection committees of the General Assembly; and for other purposes.
By Mr. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 135. A resolution expressing appreciation and
thanks to the citizens of Ware County and their representative, Hon. Jack \Yilliams, for kindness and hospitality extended to inspection committees of the General Assembly; and for other purposes.
By Mr. Wells of Burke, Gaston of Butts, and Smitha of Carroll: House Resolution No. 136. A resolution expressing appreciation to the
citizens of the City of :\facon and Bibb County for entertainment and courtesies extended members of the inspection committees of the General Assembly; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 137. A resolution expressing appreciation for
courtesies extended members of the inspection committees of the General Assembly while on a tour of institutions in Tattnall County; and for other

742

JOURNAL OF THE SENATE,

purposes.
By Mr. Gaston of Butts, Wells of Burke, and Smitha of Carroll: House Resolution No. 138. A resolution expressing appreciation to the
citizens of Savannah and Chatham County for entertainment and hospitality extended various committees of the General Assembly; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke, and Smitha of Carroll: House Resolution No. 139. A resolution expressing thanks to the Citizens
of Jesup and Wayne County for hospitality extended various committees of the General Assembly; and for other purposes.
By Messrs. Gaston of Butts, Smitha of Carroll a!ld Wells of Burke: House Resolution No. 141. A resolution expressing thanks and apprecia-
tion to the City of Jackson and the County of Butts for kindness and hospitality extended to the inspection committees of the General Assembly; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 142. A resolution expressing to the citizens of
Brunswick and Glynn County appreciation for kindness extended to members of various committees of the General Assembly; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke, and Smitha of Carroll: House Resolution No. 143. A resolution expressing appreciation to the
citizens of Milledgeville and Baldwin County for entertainment and courtesies shown members of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Smitha of Carroll, Wells of Burke and Gaston of Butts: House Resolution No. 140. A resolution expressing appreciation to Hon.
Henry Ford and his agents at Ways, Georgia, for allowing members of the General Assembly on tours of inspection, to inspect the buildings, shops and plantation in Bryan County; and for other purposes.
By Mr. Roberts of Walton: House Resolution No. 146A. A resolution resolving that the General
Assembly of Georgia recommend that the Free-Book Commission give careful consideration to the advisability of placing a copy of Miss ":vloina Michael's book in each public school library of the State; and for other purposes.
By Senator Drake of the 8th: Senate Bill No. 146. A bill to propose to the qualified voters of Georgia
a constitutional amendment so as to authorize the authorities of Miller County to issue funding bonds; and for other purposes.
By Senator Gross of the 20th: Senate Resolution No. 41-140B. A resolution proposing a constitutional
amendment so as to authorize the Davisboro School District to incur a bonded

:MONDAY, MARCH 17, 1941

743

indebtedness; and for other purposes.
By Senator Whaley of the 45th: Senate Resolution No. 16. A resolution proposing an amendment to the
Constitution so as to exempt certain new industries from the payment of county ad valorem taxes in Telfair County; and ior other purposes.
By Senator Adams of the 31st: Senate Bill No. 96. A bill to propose a co'1stitutional amendment so as
to authorize Sandy Cross Consolidated School District to incur a bonded indebtedness; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, and ordered the same immediately transmitted to the Senate, to-wit:
By Mr. Wells of Clayton: House Resolution No. 32-137A. A resolution to provide for the compen-
sation of Robert Coleman in sum of $2,500.00 in that said Robert Coleman was convicted and served four years in the penitentiary for the murder of his wife, of which offense he was later shown to be not guilty; and for other purposes.
By Messrs. Rogers of Floyd, Gowen of Glynn, Ferguson of Camden, and Ferguson of Sumter:
House Bill No. 411. A bill to be entitled an Act to authorize the State Highway Board to construct and maintain airports, landing fields and other navigation facilities, to exercise the right of eminent domain in connection therewith, to provide for an Aeronautic Advisory Board; and for other purposes.
By Messrs. Bloodworth, Weaver and Grice of Bibb:
House Bill No. 613. An Act to authorize counties and political subdivisions to appropriate money to dispose of property and to lend credit to the State of Georgia, or the United States, for the purposes of national defense; and for other purposes.
The following message was received from the House through Mr. Boone, 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 Edwards of the 6th, Couch of the 52nd, Redwine of the 26th and

744

JOURNAL OF THE SENATE,

Coker of the 39th: Senate Bill No. 44. A bill to amend an Act known and designated as the
"Unemployment Compensation Law," approved March 29, 1937, as amended by an Act approved January 25, 1938, by clarifying the terms and provisions thereof; and for other purposes.
Mr. President:
At the request of the Senate the House is returning herewith the following bill of the House in order that the Senate might consider a Senate amendment which had been inadvertantly overlooked, to-wit:
By Mr. Rossee of Putnam: House Bill No. 417. A bill to be entitled an Act to amend an Act creating
a Board of Commissioners of Roads and Revenues for the County of Putnam; and for other purposes.
The House disagrees with the Senate amendment to the following bill and requests the appointment of a committee of conference on the part of the Senate to confer with a like committee on the part of the House. The Speaker has appointed as a committee of conference on the part of the House the following members of the House, to-wit: Messrs. Smith of Barrow, Hogg of Marion, and Roberts of Walton.
By Mr. Smith of Barrow.
House Bill No. 267. A bill to be entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow; and for other purposes.
The following privilegecl resolutiong were read and adopted:
By Senator Burnside of the 29th: A resolution extending the privileges of the floor to the two charming
daughters of Hon. H. W. Striplin, the Senator from the 37th.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to Hon. W. A. Swindell,
Superintendent of the Western and Atlantic Railroad.
By Senator Odom of the 9th: A resolution extending the privileges of the floor to the Hon. W. H.
McCloud, distinguished citizen of Newton, Georgia.
By Senator Houston of the 51st: Senate Resolution No. 66-228. A resolution accepting a portrait of Sen-
ator Walter George offered by his friends and appointing a joint committee to select a suitable time and place in the State Capitol to place said portrait; and for other purposes.
By Senator Bargeron of the 17th:

MONDAY, MARCH 17, 1941

745

A resolution extending the privileges of the floor to Mrs. J. K. Whaley, wife of the Senator hom the 45th; Mrs. Wallace Adams, wife of the Representative from WheeiPr; Mrs. Lee Wilcox of McRae; :.\1iss Mary Winn of Atlanta; and Master Bryant Martin of Helena.
The following communications were read for the information of the Senate:
Charlie Redwine, President Senate Members State Senate, Atlanta
The Board of Education of Jones County wishes to express to each of you its appreciation for your liberal support of educational measures brought before you at this session. We appreciate payment of back salaries and guarantee of minimum term for next hi-annum. Again we say thank you.
Board of Education of Jones County, By W. E. Knox, Secretary.

Honorable Cha1les D. Redwine President of the State Senate State Capitol Atlanta, Georgia
Having heretofore served as a member of the General Assembly for twelve successive years, I am thoroughly cognizant of the many important responsibilities and arduous duties as well as the necessary and pressing nocturnal convivialities oi legislators. I am, therefore, granting a thirty-day extension from March 15 to all members of the State Senate and attaches within which to file their current Federal Income Tax Returns, as required in Senate Resolution read and adopted in an open session on March 12, 1941, and which has just been delivered to me. Please do me the kindness of reading this telegram to your colleagues.
Marion H. Allen, Collector of Internal Revenue.
By Senator Daughtry of the 21st, and Senator Bland of the 12th:
A RESOLUTION Whereas, notice has just been received that Hon. L. P. James, a former member of the Senate from the 21st District, and a prominent citizen of James, Georgia, departed this life on Friday, March 14, 1941,
Therefore be it resolved, that we extend to the bereaved family, our heartfelt sympathy in their sad hour,
Be it further resolved, that a copy of this resolution be mailed to :\irs. L. P. James, James, Georgia.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:

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Mr. President:
Your Committee on Rules have had under consideration the fixing of the calendar for the day and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
That the following be established as the order of business for today immediately following the period of unanimous consents:
1. Introduction of bills and resolutions, reading first time and reference.
2. Messages from the Governor.
2A. Senate Resolution No. 63-224A.
3. Unfinished business, Senate Bill No. 133.
4. The following bills and resolutions be established as order of business for the day: House Bills Nos. 379, 380; Senate Bills Nos. 65, 200, 210, 214, and 75.
5. Night session.
A. Passage of local uncontested bills and resolutions.
B. Reading of House Bills first time for reference.
C. Reports of standing committees and reading of bills second time.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The report of the Committee on Rules, which established the order of business for today, was adopted.
Senator Drake of the 8th moved that the Senate hold daily sessions from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 4:30 p.m.
Senator Lanier of the 18th offered a substitute motion to the motion of Senator Drake of the 8th, to have a night session at 8:00 p.m. and to fix the hours of adjournment of future sessions at a later date.
The substitute motion was adopted.
The motion was adopted by substitute:
Under the order of business set by the Committee on Rules, the following resolution and bill of the Senate were taken up for consideration:
By Senator Coker of the 39th: Senate Resolution No. 63-224A. A resolution requesting the President of
the United States to inform the Senate of the necessity of construction of pipe lines; and for other purposes.
Senator Burnside of the 29th called for the previous question and the

MONDAY, MARCH 17, 1941

747

call was sustained.
Senator Lanier of the 18th moved that Senate Resolution No. 63-224A be tabled.
On the motion to table, the ayes were 24, nays 17, and the resolution was tabled.
By Senators Edenfield of the 4th and Whaley of the 45th:
Senate Bill No. 133. A bill to define and regulate the business of making loans in the amount of $300 or less; and for other purposes.
Senator Edenfield of the 4th moved that the Senate adjourn until this afternoon at 2 o'clock, and the motion prevailed.
The President announced the Senate adjourned until this afternoon at 2 o'clock.
The Senate reconvened at 2 o'clock and resumed the transaction of business.
Senator Wall of the 28th asked unanimous consent that the Senate reconfider its action in passing the following bill of the House:
By Mr. Rossee of Putnam:
House Bill No. 417. A bill to amend an Act to create a Board of Commissioners of Roads and Revenus for the County of Putnam; and for other purposes.
The consent was granted, and the bill was reconsidered.
The committee offered the following amendment which was adopted:
Senator J. 0. Wall of the 28th District proposes to amend House Bill No. 417 as follows:
Section 1. By striking f1om Section 3 of said bill the language "guaranteed by surety companies licensed to do business in the State of Georgia payable to the Ordinary of said County for the use and benefit of its citizens," and substituting in lieu thereof the language "with good and sufficient security to be determined by a majority o:f said board of commissim1ers, and payable to the Ordinary of said County"; by inserting between the words "the ordinary" and the words "the successors" in the ninth line of said Section the word "and"; by striking the words "or any citizen or taxpayer of said County"; by striking from the last line of said Section the wrods "and approved by" and inserting in lieu thereof the word "with" so that said Section 3 of House Bill No. 417, as amended, shall read as follows:
"Section 3. That said Act as heretofore amended, be further amended by adding thereto the following: 'That the members of the Board of Commissioners aforesaid shall give individual bonds in the sum of five thousand ($5,000.00) dollars each, with good and sufficient security to be determined by a

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JOURNAL OF THE SENATE,

majority of ~aid Board of Commissioners, and payable to the Ordinary of said County, conditoned to secure the faithful and impartial performance of their duties of office, and to secure the proper accounting of all funds coming into their hands. Rights of action on said bonds shall exist in favor of the Ordinary and the successors to the present or any future Board of Commissioners. The existing and present Board of Commissioners shall file bonds as herein provided for, in the office of the Ordinary, within 30 days after the approval of this Act; and all future boards of commissioners shall file such bonds before entering upon the discharge of their duties. Such bonds shall be filed with the Ordinary, as in case of other official bonds."
Section 2. By striking, repealing and eliminating from House Bill No. 417, Section 4 in its entirety and by renumbering Sections 5 and 6' of said bill so that said Sections shall be numbered 4 and 5 respectively.
The report of the committe, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Under the order of unfinished business, the following bill of the Senate was taken up for consideration:
By Senators Edenfield of the 4th and Whaley of the 45th: Senate Bill No. 133. A bill to define and regulate the business of making
loans in the amount of $300.00 or less; and for other purposes.
Senator. Odom of the 9th moved that Senate Bill No. 133 and all amendments be tabled.
On the motion to table, the ayes were 17, nays 18, and the motion was lost.
Senator Lanier of the 18th moved that Senate Bill No. 133 be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 23, nays 14, and the bill was indefinitely postponed.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks:
House Bill No. 379. A bill to amend the Intangibles Classification Tax Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 17, 1941

749

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Campbell of the 34th, being absent from the Senate Chamber when the vote on the above bill was taken, asked unanimous consent that he be recorded in the Journal as voting "no", and the consent was gTanted.

By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks:
House Bill No. 380. A bill to amend the several Acts relating to personal exemptions and credits; and for other purposes.
The report of 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 considering amendments offered by the House:

By Senators Edwards of the 6th, Couch of the 52nd, Redwine of the 26th, and Coker of the 31Jth:
Senate Bill No. 44. A bill to amend the Unemployment Compensation Law; and for other purposes.
The House offered th~,: following amendment:
Mr. Lovett of Laurens and Mr. Turner of DeKalb move to amend Senate Bill No. 44 in the following particulars:
By adding after the words and language, "of sub-section (g)" appearing in the first line of Section 23, the following: "of Section 19".
By adding a new section to be appropriately numbered by the Clerk and to read as follows:
"Section 9 (b) of the said Act is amended to provide: The Commissioner shall be the custodian of the fund and he shall deposit the same in the depositories of this State in such amounts as the Governor might direct, but before any such depository shall be eligible for such deposits it must post good and solvent bond, payable to the Governor and his successors in office, to be approved by him and in such sums as he might 1equire."
By adding a new section to be appropriately numbered by the Clerk and to read as follows:
"Be it further enacted that if any provision of this Act, or the application the1eof to any person or circumstances, should be held to be irreconcilable conflict with federal statutes, or to be unconstitutional, the remainder of this Act, and the application the~eof of such provisions to othet persons or cir-

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JOURNAL OF THE SENATE,

cumstances shall not be affected thereby."
Senator Coker of the 39th moved that the Senate concur in the House amendment, and the motion prevailed.
The House o:Zfered the following amendment:
:\1r. Turner of DeKalb and Mr. Kendrick of Fulton move to amend Senate Bill No. 44 by amending Section 27 by striking the words "Section 7" which appear in the third from the last line in sub-section 19 (h) (7) (f) thereof and inserting the words "Section 14 (d)".
And by amending Section 33 by inserting in the third line of sub-section 20 (c) (1) thereof the words "and 3 (e)" and by adding the words "and 4 (e)" in the first line of sub-section 20(c) (2) thereof.
Senator Coker of the 39th moved that the Senate concur in the House amendment, and the motion prevailed.
Senator Steed of the 43rd asked uCJ.animous consent that the following bill of the House be withdrawn from the Committee on Special Judiciary, 1ead the second time, and recommitted:
By Messrs. Drinkard of Lincoln, Pannell of Murray, and Evans of McDuffie: House Bill No. 141. A bill to promote public safety by providing for the
examinatio'1 and licensing by the State Fire Inspector of certain machinery; and for other purposes.
The consent was granted.
By Senator Wall of the 28th: Senate Bill No. 65. A bill to regulate attachments for contempt in judg-
ments and decrees for permanent alimony in caEes of total divorce; and for other purposes.
Senator Drake of the 8th moved that Senate Bill No. 65 be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 15, nays 14, and the motion prevailed.
By Senator Campbell of the 34th: Senate Bill No. 200. A bill to amend an Act creating a Department of
Public Safety; and for other purposes.
Senator Campbell of the 34th asked unanimous consent that further action on Senate Bill No. 200 be deferred, and the consent was granted.
Senator Odom of the 9th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until tonight at 8 o'clock.

MONDAY, MARCH 17, 1941

751

The Senate reconvened at 8 p.m. and resumed the transaction of business.
Senator Lanier of the 18th asked unanimous consent that the Secretary be allowed to correct a typographical error in the House amendment to Senate Bill No. 44, and the consent was granted.
The following mesage from His Excellency, the Governor, vetoing Senate Bills Nos. 5.8 and 60, was received and read:
Executive Department Eugene Talmadge, Governor
Atlanta, March 10, 1941
To the General Assembly of Georgia:
I am returning herewith Senate Bill No. 58 vetoed for the following reasons:
This Act provides for the appointment of unlimited numbers of special police for the protection and preservation of any public property owned by any state, political subdivision, department, agencies or districts.
It does not define what is meant by "political subdivisions, departments, agencies or districts", but refers to any property that might be in the State of Georgia.
The State of Georgia has its county officers for the protection of person and property. Also, in municipalities, it has additional policemen for the protection of person and property.
We now have the State Patrol with powers designated for the protection of person and property.
There are a great many private institutions that employ special police for day watch and night watch. Where these special police a1e in th2 municipality, they have the right to apply for and be named as policemen with limited authority by the city.
Where these police are outside of a city, they have the authority to apply for and be named special deputies and constables with limited authority.
This is already the Jaw of the State of Georgia, and is in practice every day.
This bill also provides that the Governor of Georgia can apply to some other state for the naming of special police to watch certain property in a foreign state and have the pay for the special officer taxed against the State of Georgia.
I cannot see the need for the creation of an unlimited, extra set of officers in the State of Georgia. There is no time limit for this bill to run, and one that would be the law of Georgia and remain in effect u 1til repealed by some future legislature.
I think that it is a bad precedent to give the authority to any Governor to

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JOURNAL OF THE SENATE,

establish an extra, unlimited number of police and have them paid for out of the State Treasury.
I am also returninv: to you Senate Bill No. 60, which provides for "fresh pursuit by military forces" and authorizes this State to cooperate with other states therein, and allow other states to pursue certain criminals described as insunectio~ists, saboteurs, enemies or enemy forces within the State of Georgia, and arrest them in the state.
This bill also authorizes the Governor of Georgia to send military forces into other states running down criminals as described above.
There is no time limit placed on the authority of this statute. If approved, it will be the law of Georgia until repealed by some future legislature.
The Constitution of the State provides that the Governor, in case of insurrection, rebellion, or to enforce an order of the court, can call out troops and impress private citizens into service for the protection of the State of Georgia, its citizens and its property.
I am of the opinion that the Constitution of the State is strong enough to give the authority to the Governor to apprehend, pursue any insurrectionist, saboteur or enemy forces within the borders of the State of Georgia.
I am of the opinion that it would be a dangerous power to give to any Governor to send the military forces and the citizens of Georgia beyond the limits of the State for the purposes of war.
I think that the Constitution of the State of Georgia, in limiting the authority of the Governor to the State is wise, and should never be changed.
If this Act was written into law in Georgia and other states of the Union, it would create confusion, conflicts, and I believe, bloodshed within a few
years.
As stated above, the Constitution of the State of Georgia and the Constitution of the United States, when properly followed and enforced, is ample protection for the citizens of Georgia and the citizens of the United States.
There is no way to compute the cost that would accrue to the State of Georgia for enforcing the above two Acts that I am returning to you vetoed.
Respectfully submitted, Eugene Talmadge, Governor.
The following message from His Excellency, the Governor, vetoing House Bill No. 531, was received and read:
Executive Department Eugene Talmadge, Governor
Atlanta State of Georgia, To the General Assembly of Georgia;

MONDAY, MARCH 17, 1941

758

I am returning to you House Bill No. 551, vetoed for the following reasons:
This is a local bill providing for the time, date, and manner of holding the county primary for the election of county office1s of DeKalb County.
This bill was inadvertantly drawn, and it is vetoed for the purpose of corrections to be made in introducing bills in the future.
This, the 12th day of March, 1941.
Respectfully submitted, Eugene Talmadge, Governor.
The following report of the Committee on Western and Atlantic Railroad was received and read:
Mr. President: Your Committee on the Western and Atlantic Railroad from the Senate
and House, visited Chattanooga, Tennessee on the 7th and 8th days of March, 1941, for the sole purpose of examining the State's property and have instructed the undersigned to report to the Senate and House, as follows:
The Committee finds the Western and Atlantic Railroad in good condition, with the following exceptions:
We recommend that the depots be painted and that the toilets be kept in a sanitary condition.
We find the Eastern Hotel, located on the corner of Market and 11th Streets on a lot fronting sixty-one feet on Market Street and extending back along 11th Street one hundred sixty-seven feet, in very good condition, but we recommend that the building be repaired and fire-escape painted.
we find the Plaza Hotel in good condition, with seventy-nine rooms, forty~ five of which are in perfect condition, and well-furnished. We recommend that this Hotel, that is, the Plaza, be re-covered at once, as the roof is in bad condition, and damaging the ceiling and furniture.
We find about thirty brick stores all 1-ented, and in apparently good condition, three filling stations and one bus station, all well-located and rented.
The State's property is bound and described as follows:
North by Ninth Sneet, East by Market Street, South by Western and Atlantic Railroad, and West by Chestnut Street, containing three and one-half acres more Ol" less in the City of Chattanooga, Hamilton County, Tennessee.
We find all the State's property in good hands and all the lessees and tenants very kind and courteous.
We recommend that the fire-escapes be painted, at the hotels, that the depots be painted and that the toilets be kept in a sanitary condition.
Most respectfully submitted,

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JOURNAL OF THE SENATE,

J. D. Kirkland, chairman of the W & A Railroad from the Senate, Helen William Coxon, secretary to the chairman,
Geo. B. Brooks, chairman of the W & A Railroad from the House, J. Bush Mims, secretary to the chairman.
The following bills of the Senate and House were read the third time and put upon their passage:

By Senator Kirkland of the 49th: Senate Bill No. 219. A bill authorizing districts of Bulloch County to levy
an additional tax as provided in the Act of 1939 for fire protection; and for other purposes.
The report of the committee, which was favorable to the p>lssage 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 Barnhill of the 5th: Senate Bill No. 222. A bill to amend an Act creating the Board of Com-
missioners o.f Roads and Revenues for 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Heard of Elbert: House Bill No. 557. A bill to require the County School Superintendent
of Elbert County to publish annually a statement of monies collected and disbursed through his office; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Fowler of Douglas: House Bill No. 611. A bill to amend an Act amending, consolidating and
superseding the several Acts incorporating the Town of Douglasville; and for other purposes.
The report 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.

MONDAY, MARCH 17, 1941

755

The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler and Turner of D'eKalb: House Bill No. 617. A bill to amend an Act creating and establishing
a new charter for the City of Decatur; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Ry Messrs. Candler, Turner and Dunaway of DeKalb: House Bill No. 618. A bill to amend an Act empowering the governing
authorities of the City of Decatur in DeKalb County to make regulations regarding zoning- and city planning; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was ag-reed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bridges of Early: House Bill No. 637. A bill to change the time of holding the Superior
Court of Early County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Kea and Lovett of Laurens: House Bill No. 689. A bill to create a new charter for the City of Dub-
lin; and for other purposes.
The report 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 Mr. Fowler of Douglas: House Bill No. 610. A bill to amend an Act incorporating the Town of
Douglasville; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Lovett and Kea of Laurens: House Bill No. 690. A bill to amend the Act entitled an Act to create
a new charter for the City of Dublin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Campbell and Livingston of Polk: House Bill No. 709. A bill to amend an Act entitled "An Act to incor-
porate the Town of Van Wert, in the County of Polk"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Jones, Lester and Harris of Richmond: Honse Bill No. 711. A bill to amend the Civil Service Commission Act 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Yawn and Jones of Dodge: House Bill No. 718. A bill to amend an Act approved August 15, 1922,
Georgia Laws 1922, pages 253 and 254, which amends an Act to establish the city court of Eastman; and for other purposes.
The report of the committee, which was favorable to the passage of the i:Jill, 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 Mr. Rowland of Johnson: House Bill No. 598. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Johnson; and for other purposes.
The committee offered the following amendment which was adopted;

MONDAY, MARCH 17, 1941
Rowland of the 16th District moves to amend House Bill No. 598 by striking over Section 24, line 8, the word "court" and inserting in lieu thereof the word "code", so that said line shall read as follows:
"And any violation of the provisions of this Section shall be a misdemeanor, and upon conviction shall be punished as described by Section 27-2506 of the Code of Georgia 1933, and shall forfeit his office.
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.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Almand of the 27th asked unanimous consent that Senate Bill No. 222 be immediately transmitted to the House, and the consent was granted.
The President asked unanimous consent that further consideration of all local bills and resolutions proposing constitutional amendments be postponed, and the consent was g-ranted.
Senator Coker of the 39th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Highways and Public Roads, read the second time, and recommitteed:
By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton; Messrs. Candler, Turner and Dunaway of DeKalb:
House Bill No. 625. A bill to create a Highway Authority for any county or counties in which may be situated a city having a population of more than 300,000; and for other purposes.
The consent was granted.
The following bills and resolutions of the House were read the first time am! .eferred to committees:
By Messrs. Vickers of Coffee and Taft of Atkinson: House Bill No. 91. A bill to amend an Act approved August 20, 1929
designating the Highway Mileage by adding additional mileage in Coffee and Atkinson Counties; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Vickers of Coffee: House Bill No. 92. A bill to amend an Act approved August 20, 1929
designating the Highway Mileage by adding additional mileage in Coffee County, Ga., from Lax, Georgia, to the Bacon County Line; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messts. Kea and Lovett of Laurens, Rowland of Johnson, and Atkinson of

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JOURNAL OF THE SENATE,

Chatham: House Bill No. 214. A bill to amend Section 59-310 of the Code of Geor-
gia of 1933, etc., so as to authorize the grand juries to employ a certified public accountant to audit books, records and vouchers of the various county officers; and for other purposes.
. Referred to Committee on General Judiciary No. 1.
By :Mrs. Guerry of Macon: House Bill No. 304. A bill to amend Section 32-1503 of the Code, so as
to strike from the sixth subdivision thereof the words, "first Friday in December", and insert in lieu thereof the words, "third Friday in February"; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Joiner of Cook: House Bill No. 536. A bill to amend an Act entitled "Cook Tax Commis-
sioner", by providing for an increase in the compensation of said tax commis.sioner from 60 per cent to 80 per cent of commissions, fees, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mrs. Mankin, Messrs. Etheridge and Kendricl of Fulton: House Bill No. 554. A bill to be entitled an Act to amend an Act giving
all counties in this State having a population of 100,000 or more the right to establish and maintain law libraries, etc.; and for other purposes.
Referred to Committee on Public Library.
By Messrs. Sills of Candler, Deal and Aiken of Bulloch: House Bill No. 559. A bill to be entitled an Act to amend an Act entitled
"Highway Mileage" approved August 20, 1929, by adding thereto a road beginning in the City of Metter in Candler County and extending through Portal in Bulloch County and the Town of Rock Ford in Screven County and to the City of Sylvania in Screven County; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 566. A bill to be entitled an Act to amend the charter
of the City of Atlanta; and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 568. A bill to be entitled an Act to require all candidates
for the General Assembly in counties having a population of twenty-five thousand one hundred (25,100) to twenty-six thousand one hundred (26,100) inhabitants, inclusive, according to the United States census of 1940 or any future census, to designate and qualify for the seats in the General Assembly from all such counties and name their incumbent opponents; and for other

MONDAY, MARCH 17, 1941

759

purposes. Referred to Committee on Special Judiciary.
By Mr. Easler of Crawford: House Bill No. 572. A bill to be entitled an Act to authorize every
county in Georgia having a population of not less than 7,000 nor more than 7,150 according to the United States census of 1940 to pay the sheriff additional compensation for defraying gasoline and oil expenses; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Parker and Roberts of Walton: House Bill No. 579. A bill to be entitled an Act to amend an Act to pro-
vide for Tax Commissioners of the State of Georgia in all counties having a certain population to collect commissions on all property returned for taxes; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Dupree of Pulaski: House Bill No. 583. A bill to be entitled an Act to authorize the Clerks
of the Superior Courts to make official bond with incorporated fidelity company as surety thereon; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By :\'lessrs. Yawn and Jones of Dodge: House Bill No. 587. A bill to be entitled an Act to amend Section 39-
1103 of the Civil Code of Georgia, 1933, providing how and by whom the official organ s}'Jall be selected; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Bates and Williams of Ware; Southwell of Charlton; Jones of Brantley; and Bowen of Pierce:
Home Bill No. 599. A bill to be entitled an Act to abolish the fee system now existing in the Superior Courts, as applied to the office of Official Court Reporter, of the Waycross Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Dunaway of DeKalb, Grice and Bloodworth of Bibb: House Bill No. GO.). A bill to be entitled an Act to regulate activities in
regard to the solicitation of votes in counties having a certain population according to the census; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. GfiG. A bill to be entitled an Act to authorize the Com-
missioners of Roads and Revenues in all counties having a population of not less than 57,000 and not more than 80,000 according to 1940 census, to adopt and enforce building and construction regulations; and for other purposes.

760

JOURNAL OF THE SENATE,

Referred to Committee on Highways and Public Roads.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 66'0. A bill to be entitled an Act to confer the right of
eminent domain for the purpose of laying water mains and pipes and sanitary sewer lines upon all counties in this State having a certain population according to the census; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs Elliott and Wohlwender of Muscogee: House Bill No. 661. A bill to be entitled an Act to empower all counties
in the State of Georgia having a population of not less than 57,000, and not more than 80,000, to establish a pension system for county employees; and for c>ther purposes.
Referred to Committee on Special Judiciary.
By Messrs. Elliott and Wholwender of Muscogee: House Bill No. 662. A bill to be entitled an Act to provide for the ap-
pointment by the Ordinaries to fill any vacancies in the office of County Surveyor caused by resignation, or any cause, in all counties having a population of not less than 57,000 and not more than 80,000 according to the 1940 United States census; and for other purposes.
Referred to Committee on Special Judiciary.
By ~essrs. Elliott and Wohlwender of Muscogee: House Bill No. 663. A bill to be entitled an Act to empower all counties
having a population of not less than 57,000 and not more than 80,000 to lay and install sanitary sewer and water mains and pipes in such counties and municipalities; and for other purposes.
Referred to Committee on Special Judiciary.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 674. A bill to be entitled an Act providing pensions for
County Employees of Fulton County; and for other purposes. Referred to Committee on Pensions.
By Mr. Hogg of Marion: House Bill No. 677. A bill to be entitled an Act to amend an Act to
change from the fee to the salary system in certain counties in Georgia, by excepting Marion County from the application of said Act; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Bill No. 697. A bill to be entitled an Act to amend Title 92
("Public Revenue"), Part 2 (Tax Receiver), Chapter 92046 (in general) by defining and limiting certain duties required of tax receivers in counties of 200,000 or more population according to the census of 1940 or any future.

MONDAY, MARCH 17, 1941

761

census; and for other purposes. Referred to Committee on Special Judiciary.
By Messrs. Price and Hunnicutt of Clarke: House Bill No. 701. A bill to be entitled an Act to amend an Act to
consolidate the Clarke County Board of Health and the Board of Health of the City of Athens; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By :Messrs. Barber and Barlow of Colquitt: House Bill No. 703. A hili to be entitled an Act to amend the Act creat-
ing the city court of Colquitt County, approved August 7, 1931, and to amend the Act amending said Act approved March 24, 1939, prescribing the term of office for the Judge and Solicitor of said court; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Smith and Smitha of Carroll: House Bill No. 705. A bill to be entitled an Act to amend the Acts of the
Legislature, approved August 17, 1908, Acts of 1908, page 292, by increasing the bond of the County Commissioner and providing for quarterly reports of the financial condition of the County; and for other purposes.
Referred to Committee on Counties and County. Matters.
By Mr. Hardman of Madison: House Bill No. 710. A bill to be entitled an Act to amend an Act abolish-
ing the office of Tax Receiver and Tax Collector of Madison County, to fix the term and compensation of said officer; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis and Arnall of Coweta: House Bill No. 712. A bill to be entitled an Act to amend an Act entitled
"Highway Mileage" so as to add additional mileage in Coweta County, Georgia; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 719. A bill to be entitled an Act to create a new charter
for Andersonville in the County of Sumter; and for other purposes. Referred to Committee on Municipal Government.
By Mr. Hagan of Screven: House BilJ No. 721. 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.
Referred to Committee on Counties and County Matters.
By Mr. Rich of Union:

76'2

JOURNAL OF THE SENATE,

House Bill No. 723. A bill to be entitled an Act to repeal and super"ede
the several Acts incorporating the Town of Blairsville, in the County of Union, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of same; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Candler, Dunaway and Turner of DeKalb: Hous;: Bill No. 728. A bill to be entitled an Act to amend an Act ap-
proved August 11, 1915 entitled "An Act to abolish the office of County Treasurer of the County of DeKalb"; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Fuller of Toombs: House Bill No. 730. A bill to be entitled an Act to create and incorporate
the City of Pine Forest, in the County of Toombs; and for other purposes. Referred to Committee on Municipal Government.

By Mr. Wells of Telfair: House Bill No. 733. A bill to be entitled an Act to amend and consolidate
the several Acts incorporating the Town of Milam in the Counties of Telfair and Dodge; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Wells of Clayton: House Bill No. 735. A bill to be entitled an Act to amend an Act amend-
ing the Act creating the Board of Commissioners of Roads and Revenue of Clayton County, Georgia, by providing that certain county officers of Clayton County shall have the power to purchase office supplies generally that are necessary to properly carry on the legitimate business of said offices; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. willoughby of Clinch: House Bill No. 737. A bill to be entitled an Act to require the County
Board of Education of Clinch County to publish quarterly financial reports; to provide for the punishment for failure to comply with the provisions of this Act; to provide for the expense of the publication of said reports; and for other purposes.
Referred to Committee on Education and Public Schools.
By Mr. \Villoughby of Clinch: House Bill No. 738. A bill to be entitled an Act to amend an Act known
as "An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Clinch; to prescribe their duties;" and for other purposes.
Referred to Committee on Counties a'1d County Matters.
By :Mr. Willoughby of Clinch:

MONDAY, MARCH 17, 1941

763

House Bill No. 789. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Clinch; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Willoughby of Clinch: House Bill No. 741. A bill to be entitled an Act to amend an Act known
as "An Act to create and establish the county court of Clinch in and for the County of Clinch; to provide the place and times of holding said court"; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Miller of Lanier: House Bill No. 743. A bill to be entitled an Act to amend the Act creating
a Board of Commissioners of Roads and Revenues for the County of Lanier by changing the salary and compensation of members of said Board; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Pettit and Martin of Bartow: House Resolution No. 132-742C. A resolution to relieve W. A. Jones,
A. P. Reynolds and C. H. Wilbanks as sureties on the bond of D. F. Wilbanks; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Bloodworth, vVcaver and Grice of Bibb:
House Bill No. 613. A bill to be entitled an Act to authorize counties, municipal corporations and political divisions of this State to appropriate money, and to lease, lend, sell, or donate property, and to lend credit to the State of Georgia, and I or United States; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Rogers of Floyd, Gowen of Glynn, Ferguson of Camden, and Ferguson of Sumter:
House Bill No. 411. A bill to be entitled an Act to authorize the State Highway Board to construct and maintain airports, landing fields and other air navigation facilities, and to usc the right of eminent domain in connection therewith; to provide for an Aeronautic Advisory Board; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Mr. Wells of Clayton: House Resolution No. 32-137A. A resolution to provide for compensating
Robert Coleman of Clayton County, Georgia, for the time he served on the State chaingang in Fulton County, Georgia, for the offense of murder, the guilty person having later confessed of said crime and Coleman receiving a full pardon; and for other purposes.
Referred to Committee on Special Judiciary.

764

JOURNAL OF THE SENATE,

The following resolutions of the House were read and adopted:
By Messrs. Gaston of Butts, Wells of Burke, and Smitha of Carroll: House Resolution No. 134. A resolution expressing appreciation to the
citizens of Charlton County and to the officers and staff of the CCC Camp for their hospitality extended members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, \Veils of Burke, and Smitha of Carroll: House Resolution No. 135. A resolution expressing appreciation to the
citizens of Ware County for kindness extended to members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke, a"ld Smitha of Carroll: House Resolution No. 136. A resolution expressing appreciation to the
citizens of Bibb County for entertainment and courtesies shown members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke, and Smitha of Carroll: House Resolution No. 137. A resolution expressing appreciation for the
entertainment and courtesies extended members of the various committees of the General Assembly while on a tour of institutions in Tattnall County; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 138. A resolution expressing thanks and appre-
ciation to citizens and officers of the City of Savannah and the County of Chatham for entertainment and courtesies given in honor of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 139. A resolution expressing thanks to the citizens
of Wayne County for the kindness shown members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 140. A resolution expressing appreciation to Ron.
Henry Ford, part time citizen of Georgia, for his kindness and that of his agents and employees at Ways, Georgia, for permitting various committees of the General Assembly to visit and inspect the buildings, shops and the plantation in Bryan County; and for other purposes.
By Messrs. Gaston of Butts, \Veils of Burke and Smitha of Carroll: House Resolution No. 141. A resolution expressing appreciation to the
County of Butts and to the officials and citizens of said County for the kindness

MONDAY, MARCH 17, 1941

765

extended to members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 142. A resolution expressing appreciation to the
citizens of Glynn County for entertainment and courtesies extended the members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll: House Resolution No. 143. A resolution expressing appreciation to the
citizens of Baldwin County for entertainment and courtesies shown members of the various committees of the General Assembly while on tours of inspection; and for other purposes.
By Mr. Roberts of Walton: House Resolution No. 146A. A resolution requesting the Free Book Com-
mission to give careful consideration to the advisability of placing a copy of ::'11iEs Moina Michael's book in each public school library of the State.
Mr. Holt of the 48th 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 consideratio,-, the fo!lowing 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. 355. Do pass.
House Bill No. 406. Do pass.
House Bill No. 420. Do pass.
House Bill No. 454. Do pass.
House Bill No. 511. Do pass.
House Bill No. 517. Do pass.
House Bill No. 528. Do pass.
House Bill No. 533. Do pass.
House Bill No. 534. Do pass.
House Bill No. 561. Do pass.
House Bill No. 616. Do pass.
House Bill No. 640. Do pass.
House Bill No. 646. Do pass,

766

JOURNAL OF THE SENATE,

House Bill No. 667. Do pass. House Bill No. 702. Do pass. House Bill No. 726. Do pass. House Bill No. 727. Do pass. House Bill No. 725. Do pass by substitute. House Resolution No. 72-421A. Do pass. House Resolution No. 84-491A. Do pass. House Resolution No. !J0-511B. Do pass. House Resolution No. 96-551A. Do pass. House Resolution No. !J!J-563A. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Senator Holt of the 48th District submitted the following special report of the Committee on Amendments to the Constitution.

Mr. President:
Your Committee of the Senate on Amendments to the Constitution were instructed to confer with the Attorney General on all House bills and resolutions that had been referred to this Corim1ittee on March 14, 1941, to ask for an opinion as to the Constitutionality of the so-called "group method" reported to have been used in effecting their passage in the House.
This Committee respectfully reports that they conferred with officials of the House, exambed the Journal and all records of the House pertaining to all of the House bills and resolutions that were referred to this Committee on March 14, 1!J41, according to the instructions above. That the Journal and records of the House show that all of said bills and resolution~ of the House that were referred to this Committee of the Senate were duly legally and constitutionally passed and adopted. That the Journal of the House shows that no so-called "group method" was used in effecting their passage but shows that each bill and resolution was separately passed and adopted by "aye" and "nay" vote and each bill and resolution s~parately received the required constitutional majority for passage.
No irregularities of any kind were found in the Journal of the House pertaining to these bills and resolutions so investigated by your committee.
Respectfully submitted, W. K. Holt, Chairman.
Mr. Houston of the 51st District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

MONDAY, MARCH 17, 1941

767

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. 46. Do pass.

House Bill No. 126. Do pass.
Respectfully submitted, Houston of 51st district, chairman.

Mr. Clark of the 44th 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 have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. :309. Do pass.

House Bill No. 310. Do pass.

Respectfully submitted, Clark of 44th district, chairman.

Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:

:Mr. President:

Your Committee on Enrollment have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as having been read and examined, found correct, and ready for transmission t"o the Governor:

Senate Bill No. 70. Senate Bill No. 93. Senate Bill No. 117. Senate Bill No. 154. Senate Bill No. 164. Senate Bill No. 171.

Respectfully submitted, Rowland of 16th district, chairman.

Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

768

JOURNAL OF THE SENATE,

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. 622. Do pass.
House Bill No. 700. Do pass.
House Bill No. 6'81. Do pass.
House Bill No. 498. Do pass.
House Bill No. 658. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Daughtry of the 21st Distriet, 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. 695. Do pass as amended.
House Bill No. 722. Do pass.
House Bill No. 706. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Countieil 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. 172. Do pass by substitute.
House Bill No. 173. Do pass by substitute.
Respectfully submitted, Drake of 8th distl'ict, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

MONDAY, MARCH 17, 1941

769

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. 641. Do pass.
House Bill No. 669. Do pass.
Respectfully submitted, DTake of 8th district, chairman.
Mr. Ragan of the 14th District, Chairman of the Committee on Conservation, submitted the following report:
Mr. President:
Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Ho~se Bill No. 649. Do pass.
Respectfully submitted, Ragan of 14th district, chairman.
Mr. Drake of the 8th 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 recommendations:
House Bill No. 425. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Harrison of the 23rd District, Chairman of the Committee on Public Library, submitted the following report:
Mr. President:
Your Committee on Public Library have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Resolution No. 62-223. Do. pass.
Respectfully submitted, Harrison of 23rd district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendment-s

770

JOURNAL OF THE SENATE,

to 'the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 36-137E. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Whaley of the 45th 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 recommendations:
Senate Bill No. 226. Do pass.
Respectfully submitted, Whaley of 45th district, chairman.
!\fr. Hill of the 36th District, Chairman of the Committee on Engrossing, submitted the following repo1't:
Mr. President:
Your Committee on Engrossing have read and examined the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 212.
Senate Resolution No. 65-227.
Senate Resolution No. 61-219.
Senate Bill No. 209.
Senate Bill No. 204.
Respectfully submitted,
Hill of 36th district, chairman.
Dr. Coker of the 39th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:

MONDAY, MARCH 17, 1941

771

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 recommendations:

House Bill No. 134. Do pass by substitute.

Respectfully submitted, Coker of 39th district, chairman.

Mr. Daughtry of the 21st 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. 717. Do pass. House Bill No. 713. Do pass.

House Bill No. 707. House Bill No. 623. House Bill No. 715.

Do pass. Do pass. Do pass.

Respectfully submitted, Daughtry of 21st district, chairman.

Mr. Steed of the 43rd 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. 655. Do pass.

House Bill No. 637. Do pass.

Respectfully submitted, Steed of 43rd district, chairman.

Mr. Houston of the 51st 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 Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

772

JOURNAL OF THE SENATE,

Senate Bill No. 216. Do not pass.
House Bill No. 161. Do pass.
Hou~e Bill No. 4\.19. Do pass.
Respectfully submitted, Houston of 5,1st district, chairman.
Mr. Daughtry of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on :\1unicipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation~:
Senate Bill No. 1\!7. Do not pass.
Respectfully submitted, Daughtry of 21st di~trict, chairman.
Mr. Mosley of the 15th District, Chairman of the Committee on Aviation, submitted the following report:
l\Ir. President:
Your Committee on Aviation 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. 44-239B. Do pa~s.
Respectfully submitted, Mosley of 15th district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matter~ have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the ~ame back to the Senate with the following recommendations:
Senate Bill No. 227. Do pass.
Re~pectfully submitted, Drake of 8th district, chairman.
Mr. Lanier of the 18th District, Chairman of the Committee on Finance, submitted the following report:
~r. President:

MONDAY, MARCH 17, 1941

773

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 recommendations:
House Bill No. 671. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Redwine of the 26th: Senate Bill No. 226-. A bill to amend Section 13-901 of the Code which
provides for the method of incorporating banks, the amount of capital thereof; and for other purposes.
By Senator Striplin of the .'l7th: Senate Bill No. 227. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Heard; and for other purposes.
By Senator Dorsey of the 32nd: Senate Resolution No. G2-223A. A resolution authorizing the State Li-
brarian to furnish certain Suprenw Court Reports; anrl for other purposes.
By :Messrs. Suggs and Ferguson of Sumter: House Bill No. 46. A bill to provide for and designate the line through
the State of Georgia which shall be considered the tinw line; and for other purposes.
By Messrs. Elliott of Muscogee, Greene of Jones, Mavity of \Valker, McNall of Chatham, and Connell of Lowndes:
Houe Bill No. 126. A bill to amend an Act approved March 30, 1937 entitled an Act to declare an emergency concerning the production, distribution of milk; aY!d for other purposes.
By Mr. Welsch of Cobb: House Bill No. 161. A bill to repeal Section 27-2512 of the 1933 Code,
pertaining to electrocution, so as to provide for the executions of persons sentenced to the punishment of death by the administration of lethal gas as a substitute for electrocutions; and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 172. A bill to provide a budget for all counties in this
State having a population of 200,000 or more by the United States census of 1930; and for other purposes.
By Messrs. Ke:1drick and Etheridge, and :\1rs. Mankin of Fulton: House Bill No. 173. A bill to amend the budget law for Fulton County
so as to define the method for determining anticipated expenditures in any future budget; and for other purposes.

774

JOURNAL OF THE SENATE,

By Mrs. Mankin and Mr. Etheridge of Fulton; Messrs. Turner, Candler and Dunaway of DeKalb:
House Bill No. 309. A bill to propose to the qualified voters of Georgia an amendment to the Constitution authorizing the establishment of Hospital Authorities; and for other purposes.
By Mrs. :vian kin and Mr. Etheridge of Fulton; and Messrs. Turner, Candler and Dunaway of DeKalb:
House Bill No. 310. A bill to establish a Hospital Authority, defining the duties and powers of said authority; and for other purposes.
By Mr. Horne of Crisp: House Bill No. 355. A bill to propose an amendment to the Constitution
so as to authorize the City of Cordele to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes.
By Mr. Mixon of Irwin: House Bill No. 406. A bill to propose to the qualified voters of Georgia
an amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Irwin to issue bonds in the amount necessary to pay off current indebtedness; and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 420. A bill to amend the Constitution so as to authorize
the Wrightsville Consolidated School District to incur a bonded indebtedness in addition to that already authorized; and for other purposes.
By Mr. Daves of Dooley: House Bill No. 425. A bill to amend an Act creating a Board of Commis-
sioners of Roads and Revenues for the County of Dooley; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 454. 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 Toombs County to issue funding bonds; and for other purposes.
By Mr. Dyal of Appling: House Bill No. 498. A bill to amend an Act to create the office of Com-
missioner of Roads and Revenues for Appling County; and for other purposes.
By Messrs. Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks and Elliott of Muscogee:
House Bill No. 499. A bill to provide for the survival of suits commenced by or against public officers and their official capacity in favor of or against their successors in office in the event of death, removal, resignation or expiration of the term of such officers; and for other purposes.
By Messrs. Weaver, Grice and Bloodworth of Bibb:

MONDAY, MARCH 17, 1941

775

House Bill No. 511. 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 Macon to issue -notes or debt certificates for financing appropriations for and contributions to local state or national defense; and for other purposes.
By Mr. Foster of Paulding: House Bill No. 517. 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 Paulding County by vote of its fiscal authority to issue funding bonds; and for other purposes.
By Mr. Kaigler of Quitman: House Bill No. 528. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize Quitman County to issue funding bonds; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. iJ,33. A bill to propose an amendment to the Constitution
so as to authorize the City of Vidalia to incur a bonded indebtedness; and for other purposes.
By Mr. Mims of Miller: House Bill No. 534. A hill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize Miller County to issue funding bonds sufficient to pay off warrant indebtedness of said county; and for other purposes.
By Mr. Fuller of Toombs: House Bill K o. 561. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize the Johnson Corner School District of Toombs County to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of Georgia; and for other purposes.
By :Wessrs. Weaver, Bloodworth and Grice of Bibb: House Bill No. 616. A bill to propose to amend the Constitution so as to
authorize Bibb County to make temporary loans between January 1st and December 31st of each year to be paid out of the revenues received by that county in that year; and for other purposes.
By Mr. Southwell of Charlton: House Bill No. G22. A bill to amend "An Act of the General Assembly of
the State of Georgia creating a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia;" and for other purposes.
By Mr. Rowland of Johnson: House Bill No. 623. A bill to amend an Act creating a new charter for
the City of Wrightsville; and for other purposes.

776

JOURNAL OF THE SENATE,

By Mr. Bennett of Jeff Davis: House Bill No. 640. A bill to propose to the qualified voters of Georgia
an amendment so as to authorize Jeff Davis County to issue funding bonds; and for other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 64i. A bill to create the office of County Custodian for
Jeff Davis County; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 646. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize the City of Crawford to incur a bonded indebtedness; and for other purposes.
By Mr. Williams of Ware: House Bill No. 649. A bill creating a State Park Authority; and for other
purposes.
By Mr. Adams of Wheeler: House Bill No. 655. A bill to provide for the holding of three terms of
the Superior Court of Wheeler County, Georgia, and for times for holding the same; and for other purposes.
By Mess1s. Elliott and Wohlwender of Muscogee: House Bill No. 658. A bill to combine the Department of Health for the
City of Columbus with the Department of Health of Muscogee County; and for other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 6'67. A bill to propose an amendment to the Constitution
so as to authorize the Excelsior Consolidated School District to incur a bonded indebtedness; and for other purposes.
By Mr. Bennett of Jeff Davis: House Bill No. 669. A bill to provide for the deposition for all funds,
records, papers and accounts that may have been kept regarding said depository for Jeff Davis County, Ga.; and for other purposes.
By Messrs. Hand and Brooks of Mitchell: House Bill No. 671. A bill to provide for the destruction of unsold bonds
issued by counties, municipal corporations or political subdivisions of this State; and for other purposes.
By Mr. Fuller of Toombs: House Bill No. 681. A bill to amend an Act creating the office of Com-
missioners of Roads and Revenues in and for the County of Toombs; and for other purposes.
By Mr. Heard of Elbert: House Bill No. 695. A bill to amend the charter for the City of Elberton,

~10NDAY, MARCH 17, 1941

777

Georgia; and for other purposes.
By Mr. Gowen of Glynn: House Bill No. 700. A bill to authorize the Commissioners of Roads and
Revenues for Glynn County, Georgia, to sell or lease all or any part of the dedicatPd arPas in that subdivision on St. Simons Island, in Glynn County, Georgia, known as "Arnold Villa Estates"; and for other purposes.
By Messrs. Brooks and Hand of Mitchell: House Bill No. 702. 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 Board of Education of Mitchell County to make temporary loans; and for other purposes.
By Mr. Dunaway of DeKalb: House Bill No. 70G. A bill to amend the charter of the City of Pine Lake;
and for other purposes.
By Messrs. Hooks and wood of Emanuel: House Bill No. 707. A bill providing for a two-year term for the Mayor
of the City of Swainsboro, Georgia:; and for other purposes.
By Mr. Anderson of \Vayne: House Bill No. 713. A bill to amend an Act to incorporate and create a
new charter for the City of Jesup; and for other purposes.
By Messrs. Dorsey and Welsch of Cobb: House Bill No. 715. A bill to amend an Act to authorize the Mayor
and Council of the City of Marietta in the County of Cobb, to order and have held an election by the qualified voters of said City for issuance of bonds; and for other purposes.
By Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 717. A bill to amend the several acts relating to and
incorporating the City of Savannah; and for other purposes.
By Mr. B1inson of Chattooga: House Bill No. 722. A bill to amend an Act to create and incorporate the
City of Summerville; and for other purposes.
By Mr. Brooks of Oglethorpe: House Bill No. 725. 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 Crawford School District to issue bonds for the purpose of funding and j or refunding and retiring any or all of its bonded indebtedness; and for othPr purpose~
By Mr. Brooks of Oglethorpe: House Bill No. 72G. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution so as to authorize the City of Lexington

778

JOURNAL OF THE SENATE,

to issue bonds for the purpose of fundi!1g and I or refunding and retiring any
or all of its bonded indebtedness at any time outstanding; and for other purposes.
By Mr. Brooks of Oglethorpe: 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 Oglethorpe County to issue refunding bonds; and for other purposes.
Senator Clark of the 44th moved that the Senate do now adjourn, and the motion was lost.
Senator Campbell of the 34th moved that the Senate do now adjourn until tomorrow morning at 9 o'clock, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 9 o'clock.

TUESDAY, MARCH 18, 1941

779

Senate Chamber, Atlanta, Georgia,
Tuesday, March 18, 1941.
The Senate met pursuant to adjournment at 9 o'clock this morning, and was called to order by the President.
Prayer was offered by Senator J. H. McGehee of the 25th.
By unanimous consent the call of the roll was dispensed with.
Senator Odom of the 9th, Vice-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.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the fixing of the calendar for the day and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
That the following be established as order of business for the day immediately following the period of unanimous consents:
1. Introduction of bills and resolutions.
2. The following bills and resolutions be established as order of business for the day: Senate Bills Nos. 210, 211, 214, 200, 185, 198, 208, 75, 188; Senate Resolution No. 60-214A; Senate Bill No. 226; House Bill No. 499; Senate Bills Nos. 199, 183, 202, 119 and 52.
3. Night session:
A. Passage of local uncontested bills and constitutional amendments.
B. Reading of House bills first time for reference.
C. Reports of standing committees and reading bills second time.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The report of the Committee on Rules, which established the order of business for the day, was adopted.
Senator Garner of the 47th asked unanimous consent to withdraw the following bill of the Senate from the Committee on Amendments to the Constitution:
By Senator Garner of the 47th:

780

JOURNAL OF THY.~ SENATE,

Senate Bill No. 14 7. A bill to propose to the qualified vote1s of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Turner County by vote of its fiscal authority to issue funding bonds to pay off and retire the designated warrant indebtedness nf said County; and for other purposes.
The consent wag granted.
Senator Garner of the 47th asked unanimous consent to withdraw Senate Bill No. 147 from furthe1 consideration of the Senate, and the consent was granted.
Senator Couch of the 52nd asked unanimous consent to take up the following bill of th<:> Senate for the purpose of considering a substitute offered by the House:
By Senator Couch of the 52nd: Senate Bill No. 30. A bill to transfer to the County Tax Collector duties
now imposed upon County Registrars in counties having a population of 200,000 or more; and for other purposes.
The consent was granted.
The House offered the following suhstitut<:> to the hill:
AN ACT To abolish in counties of this State having a population of 200,000 or more according to the United States census of 1940, or any future United States census, the Board of County Registrars as formerly created by the election laws of this State, and to provide that the county tax collector or the county tax commissioner, as the case may be, shall be the county registrar in such counties; to transfer to such county tax collector or county tax commissioner in such counties all duties now or hereafter imposed by law upon the county registrar; to require such county tax collector or county tax commissioner to take the oath as now prescribed by law for county registrars; to provide additional regulations for the registration of voters in such counties; to prescribe the form and use to be made of the voters' book in such counties; to provide for the removal of names from the voters' list in such counties; to prescribe additional duties to be performed by managers of elections and of primary elections in such counties in connection with the registration list; to provide a separability clause and a repealing clause; 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 this Act shall be applicable to all counties of thh; State having a population of 200,000 or more according to the United States census of 1940, or any future United States census.
Section 2. That beginning with the date of the approval of thiR Act, the Board of County Registrars formerly created by the election laws of this State is abolished in each of the counties of thi~;; State within the classification pro-

TUESDAY, MARCH 18, 1941

781

vided by Section 1 of this Act, and such other counties of this State as may hereafter be included therein.
Section 3. That effective with the date of the passage of this Act, in each county of this State within the classification defined in Section 1 of this Act, the tax collector or in counties which do not have a tax collector, the tax commissioner shall be ex-officio county registrar of such county and required to perform in such county all of the duties now or hereafter required by law to be performed by county registrars.
Section 4. Such county registrar in addition to the oath required as tax collector or tax commissioner, as the case may be, shall take and subscribe before some o::'ficer authorized to administer an oath under the laws of this State, the oath now required to be administered to county registrars.
Section 5. In each of the counties in this State within the class defined in Section 1 of this Act, the registrar shall prepate and complete on or before January 1, 1942, a new registration list in duplicate of all voters who within said period of time re-tegistered in the manner provided by this Act. After the approval of this Act, the registrar in such counties shall provide a looseleaf voters' book which shall coYJtain two identical registration cards for each registrant, except bat such cards may be of different color or texture, both of which shall be signed by the registrant and prepared in the form required by this Act.
Section G. It shall be the duty of the registrar in such counties within a period of two months after the approval of this Act, to notify by mail at the address now appearing on his records, every person whose name appears on the last voters' list of each such county by calling such person's attention to the provisions of Sections 34-404 and 34-~l206 of the Code of Georgia of 1933 which provides that no elector s:1all vote in any militia district, ward, or precinct other than the one in which he resides, and advising such voter of the necessity of re-registering in order to vote in any election in such county to be he!d after January 1, 1!J42.
Section 7. Each registration card in the voters' book, both original and duplicate, shall contain and disclose the following provisions and information with respect to the registrant:
(a) Affidavit to b2 executed by the registrant as provided in Section 34-103 of the Code of Georgia of 19:33.
(b) Date of birth, race and occupation.
(c) Mother's maiden name.
(d) Spaces in which to record any change of address.
(e) Spaces in which to write or stamp the date of each election at which the registrant shall vote.
(f) Spaces in which to note the cancellation of the elector's registration,

782

JOURNAL OF THE SENAT:m,

together with the cause and date thereof and the signature of the clerk cancelling such registration.
(g) Spaces in which to record payment of poll tax.
(h) Blanks for any other information which shall facilitate holding of elections.
Section 8. Of the two cards signed by each registrant, one shall be filed in a binder or other portable receptacle, known as the "precinct file", and shall be arranged first by precincts, then within each precinct alphabetically by the names of the roads or streets on which the registrant resides, and then within each street geographically in the numerical order of the street numbers located within such precinct on such street, commencing with the lowest and ending with the highest such number. Where the numbers do not exist or do not identify residences, then within each road or street such cards shall be arranged in geographical order. The other or duplicate card shall be filed alphabetically without regard to militia districts, wards or precincts, said file to be hereafter termed the "master file", which master file shall always remain in the office of the registrar.
Section !J. The master file and the precinct file shall at all times remain in the custody of the registrars, provided, however, that the registrar on each election day shall lock the precinct files so that the cards therein can be examined, but no card removed or added, and shall thereupon, and before the polls open, deliver the locked precinct file for each militia district or ward and precinct to the election officials therefor. Said file shall remain locked throughout the time the polls remain open and the registrar shall immediately repossess said files after the polls close.
Section 10. If either the original or duplicate registration card, or both, of an elector shall be lost, destroyed or mutilated, the registrar may prepare a new card and require the execution of a new registration affidavit by such elector, and if any such elector shall refuse or fail to execute such affidavit within thirty days after the mailing of a notice of such requirement to such elector at the last address furnished by the registrant to the registrar, then the registration of such elector shall be cancelled, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia. If either the original or duplicate registration cards, or both, fot any militia district, ward or precinct shall be lost or destroyed, the registrar shall in the same manner require a re-registration of all of the electors in such militia district, ward or precinct.
Section 11. During the month of January of each year, beginning with the year 1!)42, the registrar shall secure from the local registrar of vital statistics a list of all persons over twenty-one years of age who have died, and shall compare this list with the registration list and shall cancel the registration of all deceased electors and remove their cards from the files containing the names of qualified voters.
Section 12. Upon the receipt of a written statement from an elector au-

TUESDAY, MARCH 18, 1941

783

thorizing the cancellation of his registration, the registrar shall cancel such registration and remove the cards of the elector from the files containing the names of qualified voters.
Section 13. Upon receipt of reliable information in writing that a registered elector has moved away from the county, the registrar shall notify such elector through the mail at his last registered address stating the source of information, and if the elector does not apply after the mailing of such notice, his registration shall be cancelled and his cards removed from the files containing names of qualified voters. Nothing herein shall affect the provisions of Section 34-805 oi the Code of Georgia of 1933 relating to the challenge of voters.
Section 14. Within thirty days after the first day of January in each year beginning January 1, 1945, the registrar shall revise and correct the registration records as follows:
He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, State, County or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, that on or before March 1st of said year he shall mail to each ~uch elector at the last address furnished by the registrant, a notice substantially as follows:
"You are hereby notified that your registration as a qualified voter shall be cancelled according to State Ia w for having failed to vote within the past two years, unless on or before April 1st of the current year you continue your registration by signing the statement below."
Application for continuation of registt"ation:
I hereby certify that I reside at the address given below and apply for continuation of re.gistration as a voter.
:Yiy mother's maiden name was ________________________________ _
Signature of elector _________________________________________ _
Present residence address ____________________________________ _
Immediately after :Viarch 1st of each current year the registrar shall cancel the registration of all electors thus notified who have not applied for continuance, and the cards of all cancelled registrants shall be wholly removed from the list of electors, but not destroyed. Any elector whose registration has been cancelled may re-register in the manner provided by Section 7 of this Act. Upon re-registration a new set of cards shall be prepared and executed in the manner provided for original registrations.
Section 15. When a registration is cancelled the regbtrar shall cause to be made a proper entry thereof upon both the original and duplicate registration cards, including the date and cause for cancellation and shall affix his signature thereto. The original and duplicate cancelled cards shall be :tJermanently

784

JOURNAL OF THE SENATE,

filed in an inactive file in the office of the registrar for a period of seven years.
Section 16. The registrar shall make, certify and deliver to any person requesting same, a true copy of the names and addresses of the registered electors of any militia district, ward or precinct upon the payment to such registrar o.f the cost thereof.
Section 17. From and after the effective date of this Act, at every primary election or special election every registered elector offering to vote shall before being given a ballot, identify himself by executi11g an application for a ballot in the presence of an election official. The application blank shall be substantially as follows:
Application for ballot:
I hereby indicate that to the best of my knowledge and belief I am qualified and eligible to vote in this election.

Street Name

Street Number

Application No.

Name

The election officials in charge of the precinct registration file shall compare the signature upon such application with the signature upon the registration card. If the election officials, or a majority of them, upon comparing such signatures, shall be satisfied that such applicant is the identical person registered, they shall permit him to vote. If they are not satisfied with the application, then the vote of such applicant shall be challenged and the same procedure shall be followed as provided in the election law for the challenging of electors. If said applicant has signed the registration card by making a mark, then such person shall identify himself by giving the date of his birth and his mother's maiden name, which shall be compared with the information on the registration card, or he ~hall identify himself by such other means as may be referred to upon the registration card.

Section 18. At every election or special election as each voter casts his vote, election officials shall enter indelibly on the registration card of such voter in the space provided for that purpose the fact that the elector voted and the month, day a'1d year of such election, which entry may be with pen and ink or stamp or other device provided for that purpose.
Section 1!J. The application for ballots of those who vote shall be preserved as a record of the persons who have voted. They shall be filed facedown on a spindle file in the order in which the corresponding ballots are issued. After the polls close they shall be tied in bundles of fifty each and shall be deposited in the ballot box with the ballots before the same is sealed.
Section 20. The registrar shall have available at the tax receiver's window, the tax collector's window, and the tax commissioner's window, and at all poll-

TUESDAY, MARCH 18, 1941

785

ing places, for the use of registered voters, a convenient change of address slips. Change of address slips shall be furnished to each elector when making the original registration.
Section 21. This Act shall take effect on the first day of January, 1942.
Section 22. Each provision, phrase, clause or part of this Act is separately enacted, and should any provision, phrase, clause or part of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the Legislature that the remainin~ valid portions of this Act shall remain in full force and effect.
Section 23. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Couch of the 30th moved that the Senate concur in the House substitute, and the motion prevailed.
Senator Franklin of the 38th 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 Messts. Elliott of Muscogee and Brinson of Chattooga: House Bill No. 3!!1. A bill to be entitled an Act to provide an alterna-
tive, additional and simpler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals in cases within their respective jurisdictions; and for other purposes.
The consent was granted.
Senator Drake of the 8th asked unanimous consent to have the following bill of the House withdrawn from the Committee on Hygiene and Sanitation, read the second time, and recommitted:
By Messrs. Livingston of Polk and Dallis of Troup:
House Bill No. 201. A bill to be entitled an Act to repeal the Act of the General Assembly to authorize and regulate the practice of Chiropractic; and for other purposes.
Senator Coker of the 3Uth objected.
Senator Drake of the 8th moved to have House Bill No. 201 withdrawn from the Committee on Hygiene and Sanitation, read the second time, and recommitted.
The President ruled the motion out of order, as the Senate was at this time operating under the period of unanimous consents.
Senator Lanier of the 18th asked unanimous consent to have the duplicate copy of Senate Bill No. 203 established as the original bill, which had been misplaced.
The consent was granted.

786

JOURNAL OF THE SENATE,

Senator Coker of the 39th moved to take the following resolution of the Senate from the table:

By Senator Coker of the 39th:
Senate Resolution No. 63-224. A resolution requesting the President of the Senate to telegraph the President of the United States as to the importance of Pipe Lines to the program of national defense.

On the motion to take from the table, Senator Coker of the 39th 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:

Almand Burnside Campbell Cannon Clark Coker

Daughtry Dorsey Drake Edwards Harrison Houston

Mosley Pilcher Steed Striplin

Those voting in the negative were Senators:

Adams Bargeron Bland Cot!Ch Dobbs Edenfield Franklin Garner Gross

Guyton Hamilton Hill Holt Kirkland Lanier Martin Mason McGehee

::.\'Iilhollin Odom Park Ragan Rowland Smith, 24th Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Fortson, Foster, Kiker, Lewallen, Smith of 35.th.

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

On the motion to take from the table, the ayes were 16, nays 27, and the motion was lost.

Under the order of business set by the Rules Committee, the following bills and resolutions of the Senate and House were read the third time and put upon their passage.

By Senators Redwine of the 26th and Houston of the 51st:
Senate Bill No. 210. A bill to amend Title 92 (Public Revenue), Division 1 (Soutces of Revenue) Part IX, (Income Taxes) of the Code of 1!!33, so as to provide for prompt determination of taxes due on income of decedents; and for other purposes.

TUESDAY, MARCH 18, 1941

787

The report of 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 Campbell of the 34th: Senate Bill No. 211. A bill to provide that no appropriation shall become
available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc."; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Campbell of the 34th asked unanimous consent to have Senate
Bill No. 211 immediately transmitted to the House, and the consent was granted.
By Senator Smith of the 24th: Senate Bill No. 214. A bill to amend an Act entitled "An Act providing
for the acquisition, construction, operation and regulation of airports and other navigation facilities"; and for other purposes.
The report 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.
By Senator Campbell of the 34th: Senate Bill No. 200. A bill to amend an Act approved March 19, 1937,
creating a Department of Public Safety by providing that the Commissioner may pay premiums for group life, accident insurance of members of the Uniform Division; and for other purposes.
Senator Campbell of the 34th offered a substitute to the bill.
Senator Franklin of the 38th offered the following amendment to the substitute:
Franklin of the 38th District moves to amend Substitute for Senate Bill No. 200 by adding to and at the end of Section 1, identified as Section lOA, the following: Provided, however, the amount of life insurance that may be paid for by the Department upon any patrolmen under the provisions of this Act shall not EXceed two thousand dollars.

788

JOURNAL OF THE SENATE,

The amendment was adopted.
The substitute as amended, was as follows:
A BILL To be entitled an Act to amend an Act approved March 19, 1937 (Georgia Laws 1937, pp. 322-355), creating a Department of Public Safety and defin ing the powers and duties thereof, etc., as amended by an Act approved :\iarch 17, 1939 (Georgia Laws 1939, pp. 135-144), by providing that the Commissioner may, within the limit of the appropriations and subject to the approval of the Department of Public Safety, pay the premiums for group life, accident and hospitalization insurance contracts, policies or certificates issued to the members of the Uniform Division; to provide for reinstating a lice'1se that has been suspended by the court; to change the name of the Division of Criminal Identification to "Bureau of Investigation", and to vest the members of the Bureau of Investigation with all of the powers, duties and authorities possessed by members of the Uniform Division; 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 Article 2 of the Act approved March 19, Hl:l7 (Ga. Laws 1937, pp. 322-355), creating the Department of Public Safety for Georgia, defining its powers and duties, etc., as amended by an Act approVI:'c! }larch 17, 1939 (Ga. Laws 1939, pp. 135-144), be, and the same is hereby amended by adding a new Section to be numbered and to read as follows:
"Section lOA. The Commissioner of the Department of Public Safety may, within the limit of the appropriation and with the approval of the Department of Public Safety, pay the premiums or charges for group life, accident and hospitalization insurance contracts, policies or certificates issued to the members of the Uniform Division of the Department of Public Safety; provided, such contracts of insurance be approved by the Department of Public Safety as to the amount of insurance, amount of premiums and company issuing or writing the same. Such contract, policy or certificate of insurance may be made payable to the beneficiary designated by the member of the uniform division to whom the same is issued. Provided, however, the amount of life insurance that may be paid for by the department upon any patrolmen under the provisions of this Act shall not exceed two thousand dollars."
Section 2. That Section 11 of Article 4 of said Act be and the same is hereby amended by adding thereto a new subsection to be numbered and to read as follows:
"Section llA. Upon the recommendation of the judge of the court that suspended the operator's or chauffeur's license of any person, the Commissioner of the Department of Public Safety is authorized to reinstate such license."
Section 3. That Article 3 of said Act be and the same is hereby amended by striking the words "Division of Criminal Identification" and substituting and inserting in lieu thereof the words "Bureau of Investigation"; by striking

TUESDAY, MARCH 18, 1941

789

the word "DiviRion" wherever it is used in said section to refer to the "Division of Criminal Identifcation" created by that article, and substituting and inserting in lieu thereof the word "Bureau', so that from and after the passage of this Act the name of the former "Division of Criminal Identification" shall be changed to "Bureau of Investigation".

Section 4. That Section 1 of Article 3 of said Act be and the same is hereby amended by adding at the end of the second paragraph of said section the following:

"The members of the Bureau of Investigation shall have and are hereby vested with, in addition to the duties herein provided, the same authority, powers and duties as are possessed by the members of the Uniform Division under the provisions of this Act."

Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The substitute, as amended, was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, Senator Campbell of the 34th 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:

Almand Bland Burnside Campbell Cannon Coker Daughtry Dobbs Edwards

Foster Gross Guyton Harrison Hill Houston Martin Mason Milhollin

"Mosley Odom Park Steed Striplin Sumner Wall Whaley Mr. President

Those voting in the negative were Senators:

Adams Bargeron Couch Dorsey Franklin

Garner Hamilton Holt Kirkland Lanier

McGehee Ragan Rowland

Not voting were Senators: Barnhill, Bradley, Clark, Coxon, Drake, Edenfield, Fortson, Kiker, Lewallen, Pilcher, Smith of 24th and Smith of 35th.

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

On the passage of the bill, the ayes were 27, nays 13.

790

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Campbell of the 34th asked unanimous consent to have Senate Bill No. 200 immediately transmitted to the House, and the consent was granted.
Senator Odom of the 9th moved to take the following bill of the Senate from the table:
By Senator Odom of the 9th:
Senate Bill No. 53. A bill to regulate the expenditure by the County Board of Education of the equalization fund provided for the common schools; and for other purposes.
On the motion to take from the table, the ayes were 15, nays 20, and the motion was lost.
Senator Drake d &he 8th moved to have the following bill of the House withdrawn from the Committee on Hygiene and Snitation, read the second time, and recommitted:
By Messrs. Livingston of Polk, Dallis of Troup: Hou~e Bill No. 201. A bill to be entitled an Act to repeal the Act of the
General Assembly to authorize and regulate the practice of Chiropractic; and for other purposes.
The motion prevailed, ayes 15, nays 13.
The order of business as set by the Rules Committee was resumed, and the following bills and resolutions were taken up for consideration:
By Senator Gross of the 20th: Senate Bill No. 185. A bill to provide for the care, maintenance and sup-
port of the spouse and children, or either, of incompetent persons from the property or estate of such incompetent; and for other purposes.
The report 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 Senators Pilcher of the 7th and Houston of the 51st: Senate Bill No. 198. A bill to define as legal investments for certain
fiduciaries, money not exceeding $5,000.00 deposited in an interest bearing account in any bank, or other institution of deposit whose deposits are insured by Federal Deposit Insurance Corporation; and for other purposes.
The report 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.

TUESDAY, MARCH 18, 1941

791

The bill, having received the requisite constitutional majority, was passed.
By Senator Redwine of the 26th: Senate Bill No. 208. A bill to amend Section 32-1006 of the Georgia
Code relating to the compensation of county superintendents of schools, by providing that the county board of education may authorize the county superintendent of schools to employ clerical and office help and allow him compensation for the expenses so incurred; and for other purposes.
The report 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 Redwi~1e of the 26th: Senate Bill No. 226. A bill to amend Section 12-901 of the Code which
provides for the method of incorporating banks, the amount of capital thereof; and for other purposes.
Senator Daughtry offered the following amendment, which was adopted:
By adding to said bill a new section to be known as Section 3, to read as follows:
"Section 3. Provided further, that banks may be chartered for a period of two years, after the passage of thio Act, in towns the population of which does not exceed 2,500 according to the last preceding census of the United States, in which no chartered bank is now located, with a minimum capital of not less than $15,000; and provided further, that any bank now located in a town whose population does not exceed 2,500 according to the last preceding census of the United States, having a capital of $25,000 or more, may, within a period of two years from the date of the passage of this Act, reduce its capital to $15,000 by amending its charter."
Also by adding as Section 4 to said Act a repealing clause, to-wit:
"Section 4. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Senator Striplin of the 37th: Senate Bill No. 227. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Heard; and for other purposes.

792

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.
The following resolution of the Senate was read and taken up for consideration:
By Senator Milhollin of the 46th: Senate Resolution No. 67-229. A resolution advising that a joint resolu-
tion be adopted by the House and Senate and the Speaker of the House to appoint a committee to serve without pay or other compem;ation to be composed of two members from the Senate and three from the House to advise with the Commissioner of the Department of Natural Resources, in the preservation of and conservation of natural resources; and for other purposes.
On the adoption of the resolution, the ayes were 29, nays 0, and the resolution was adopted.
The following message was received from the House through Mr. Boone, 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 Edwards of the 6th:
Senate Bill No. 78. A bill to be entitled an Act to regulate labor organizations; to prohibit them from seeking money from persons working on projects being financed by tax money; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
By Messrs. Moddax, Rogers and Hicks of Floyd:
House Bill No. 756. A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of Rome; and for oth<'r purposes.
By :\1essrs. Bates of Ware, Deal of Bulloch, Daves of Dooley, Walker of Grady, Taft of Atkinson and Willoughby of Clinch:
House Bill No. 686. A bill to be entitled an Act to encourage physicians to practice medicine in rural communities that need them, by authorizing the Regents of the University System of Georgia to award scholarships; and for other purposes.

TUESDAY, MARCH 18, 1941

793

By Messrs. Pickt'tt of Pickens and Hagan of Screven: House Bill No. 377. A bill to be entitled an Act to impose a penalty
upon owners or operators of taxi cabs for refusal to transport a passenger to his destination within the corporate limits of a municipality; and for other purposes.
By Messrs. Thompson and Hatchett of Meriwether:
House Bill 1'\o. 121. A bill to be entitled an Act to prohibit any architect, landscape architect, contractor or other persons with intent to defraud, from using the proceeds of any payment made on account of improvements of real property for any other purposes than to pay for labor, or services performed or materials furnished; to provide penalty for violation; and for other purposes.
By Mr. Griffin of Wilkes:
House Bill 1'\o. 732. A bill to be entitled an Act to establish the city court of Washington, in and for the County of Wilkes; and for other purposes.
By 1\'lr. Anderson of \Vayne:
House Bill No. 594. A bill to be entitled an Act to make it illegal to cut pine trees of a diameter less than nine inches measured at a height of four feet above the ground, except for thinning purposes; and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 162. A bill to amend an Act authorizing clerks of the
Superior Court to install photostatic equipment; and for other purposes.
By Senatot Milhollin of the 46th: SPnate Resolution No. 44-144B. A resolution proposing that certain
law books be furnished the Ordinary of Coffee County; and for other purposes.
By Senator Coker of the 39th: Senate Bill No. 81. A bill to amend the Code so as to allow the Board of
Education members in certain counties $6.00 per day; and for other purposes.
By Senator Campbell of the 34th: Senate Bill No. 121. A bill to amend an Act to abolish the offices of
Tax Collector and Tax Receiver of DeKalb County; and for other purposes.
By Senator Smith of the 24th: Senate Resolution No. 26-80A. A resolution to authorize Muscogee County
to pay back salary to T. L. Bowden; and for other purposes.
By Senator Kiker of the 41st: Senate Bill No. 191. A bill to amend an Act entitled an Act to incor-
porate the City of Ellijay; and for other purposes. Mr. President:
The House has passed, by substitute, the following bill of the Senate,

794

JOURNAL OF THE SENATE,

to-wit:
By Senator Couch of the 52nd:
Senate Bill No. 86. A bill to amend the charter of the City of Atlanta, and acts amendatory thereof; and for other purposes.
The House disagrees to the Senate substitute to House Bill No. 169, a bill to be entitled an Act to create a purchasing department in Fulton County, and the House requests the apointment of a conference committee on the part of the Senate to confer with a like committee on the part of the House. The Speaker has appointed as a Committee of Conference on the part of the House, the following members of the House, to-wit: Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
By Messrs. Goddard and Swint of Spalding: House Bill No. 362. A bill to be entitled an Act to amend the charter
of the City of Griffin; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. fl59. A bill to be entitled an Act to authorize counties
having a certain population to contract for group insurance for employees; and for other purposes.
By Mr. Gowen of Glynn: House Bill No. 751. A bill to be entitled an Act to define the limits
of the Port and Harbor of Brunswick; and for other purposes.
By Messrs. Dunaway, Turner and Candler of DeKalb: House Bill No. 354. A bill to be entitled an Act to provide for compensa-
tion of jury commissioners in counties having a certain population; and for other purposes.
By Mr. Willoughby of Clinch: House Bill No. 740. A bill to be entitled an Act to define the deer hunt-
ing season in Clinch County; and for other purposes.
By Messrs. Parker and Roberts of vValton: House Bill No. 746. A bill to be entitled an Act to amend the charter
of the City of Social Circle; and for other purposes.
By Messrs. Barlow and Barber of Colquitt:

TUESDAY, MARCH 18, 1941

795

House Bill No. 749. A bill to be entitled an Act to amend an Act amending the charter of the City of Colquitt; and for other purposes.
By Mr. Richardson of Hart:
House Bill No. 679. A bill to be entitled an Act to allow additional compensation for court reporters in counties having a certain population; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn and \Vetherbee of Daugherty:
House Bill No. 439. A bill to be entitled an Act to amend Title 92 of the Code of 1933; and for other purposeL
By Messrs. Simmons and Mills of Decatur: House Bill No. 192. A bill to be entitled an Act to amend the income
tax laws; and for other purposes.
By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, and Culpepper of Fayette:
House Bill No. 593. A bill to be entitled an Act to restrict and limit the jurisdiction of the State Board of Tax Appeals; ~nd for other purposes.
By Mr. Sills of Candler: House Bill No. 155. A bill to be entitled an Act to provide for the sale and
distribution of hunting and fishing licenses; and for other purposes.
By Mr. Turner of DeKalb: House Bill No. 282. A bill to be entitled an Act to make trackless trolleys
subject to the same rules and ordinances as is now required by the law of street railroads and for other purposes.
By Messrs. Etheridge and Kendrick, :.VIrs. Mankin of Fulton: House Bill No. 683. A bill to be entitled an Act so as to create a civil
service system in Fulton County; and for other purposes.
By Messrs. Ferguson and Suggs of Sumter: House Resolution No. 57-307D. A resolution to name and designate the
DeSoto Trail in Georgia; and for other purposes.
By Messrs. Welsch and Dorsey of Cobb: House Bill No. 543. A bill to be entitled an Act to amend Section 113-
901 of the Code of Georgia to provide for the vesting of title to personal property in the heirs of a deceased where such decedent left no debts and the heirs are sui juris; and for other purposes.
The following bill of the Senate was read the third time and put upon its passage: By Senators Odom of the 9th and Campbell of the 34th:
Senate Bill No. 75. A bill to permit the operation of motion picture theatres on Sundays; to prescribe the conditions therefor; and for other purposes.

796

JOURNAL OF THE SENATE,

Senator Gross of the 20th offered the following amendment:

Aml'ndment at the conclusion of Section 5 and to become a part thereof as follows;

"In addition to above penalty, all such owners, operators, and managers of such theatres, whether on Sundays or other weekly days, are hereby prohibited from putting on what is kno.Yn as 'BaYlk Nig:1ts' or resorting to any other method or scheme whereby customers of said theatres are induced to buy tickets to the attractions of said theatres in the hope and with the chance of securing somebing of monetary value in a::dition to the attractions given in consideration of said ticket, by the process of drawing or any other lottery scheme, a1d for each day's violation hereof by any owner, operator or manager of any theatre defined herein shall make such operator, owner or manager subject to a penalty of one thousand ($1,000) dollars to be recovered by suit at the instance of any citizen of Georgia, one-half to go to the common schools of Georgia and one-half to party bringing suit, said suit to be brought in county where offense was committed, and priority of recovery being in party first filing suit.

On the adoption of the amendment, Senator Gross of the 20th 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 af.i'irmative were Senators;

Bland Dobbs Franklin Garner Gross

Guyton Harrison Holt Houston Mason McGehee

M.ilhollin Ragan Rowland Steed Sumner

Those voting in the negative were Senators:

Adams Almand Bargeron Burnside Campbell Cannon Clark Coker Couch

Daughtry Dorsey Drake Edwards Foster Hamilton Hill Kiker Kirkland Lanier

Martin M.osley Odom Park Pilcher Smith, 24th Smith, 35th Wall Whaley

Not voting were Senators: Barnhill, Bradely, Coxon, Edenfield, Fortson, Lewallen, and Striplin.

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

TUESDAY, MARCH 18, 1941

797

On the adoption of the amendment, the ayes were 16, nays 28, and the amendment was lost.

Senator Lanier of the 18th moved that the bill be indefinitely postponed. On the moLion to indefinitely postpone, Senator :\icGehee of the 25th 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 afl"irmative were Senators:

Adams Bland Burnside Dobbs Franklin Garner Gross

Guyton Harrison Holt Houston Lanier :\fason :\icGehee

Milhollin Ragan Rowland Steed Sumner

Those voti'1g in the negative were Senators:

Almand Bargeron Campbell Cannon Clark Coker Couch Da1ghtry

Dorsey Drake Edwards Foster Hamilton Hill Kirkland Martin

Mosley Odom Park Pilcher Smith, 24th Smith, 35th Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Edenfield, Fortson, Kiker, Lewallen, an:! Stripli'1.
By unanimous consent, the verification of the roll call was dispensed with.

On the motion to indefinitely postpone, the ayes were 19, nays 24, and the motion was lost.

Senator Gross of the 20th moved to table the bill.

On the motion to table, Senator Franklin of the 38th 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:

Adams Bland Burnside Dobbs Franklin Garner Gross

Guyton Harrison Holt Houston Lanier Mason McGehee

Milhollin Ragan Rowland Steed Sumner

798

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Almand Bargeron Campbell Cannon Clark Coker Couch Daughtry Dorsey

Drake Edenfield Edwards Foster Hamilton Hill Kiker Kirkland Martin

Mosley Odom Park Pilcher Smith, 24th Smith, 35th Striplin Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Fortson, Lewallen.

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

On the motion to table, the ayes were 19, nays 27, and the motion was lost.

Senator Smith of the 24th called for the previous question, and the call was sustained.

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

On the passage of the bill, Senator Houston of the 51st 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:

Almand Bargeron Campbell Cannon Clark Coker Couch Daughtry Dorsey

Drake Edenfield Edwards Foster Hamilton Hill Kiker Kirkland Martin

:.vrosley Odom Park Pilcher Smith, 24th Smith, 35th Striplin Wall Whaley

Those voti'1g in the negative were Senators:

Adams Bland Burnside Dobbs Franklin Garner Gross

Guyton Harrison Holt Houston Lanier Mason McGehee

Milhollin Ragan Rowland Steed Sumner

Not voting were Senators: Barnhill, Bradley, Coxon, Fortson, Lewallen.

TUESDAY, :MARCH 18, 1941

799

The roll call was verified.

On the passage of the bill, the ayes were 27, nays 19.

The bill, having received the requisite constitutional majority, was passed.
Senator Campbell of the 34th asked unanimous consent to have Senate Bill No. 75 immediately transmitted to the House.
There was objection.
Senator Odom of the 9th moved that Senate Bill No. 75 be immediately transmitted to the House.
Senator Lanier of the 18th moved that the Senate do now adjourn until 2 o'clock this afternoon.
On the motion to adjourn, the ayes were 19, nays 20, and the motion was lost.
Senator Franklin of the 38th gave notice that at the proper time he would move to reconsider the action of the Senate in passing Senate Bill No. 75.
Senator Campbell of the :34th moved that Senate Bill No. 75 be immediately tra'1smitted to the House.

On the motion to transmit Senator Franklin of the 38th called for the ayes and na~s, and the call was sustained.

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

Those voting in the affirmative were Senators:

Adams Almand Bargeron Campbell Cannon Clark Coker Couch Daughtry Dorsey

Drake Edenfield Edwards Foster Hamilton Hill Kiker Kirkland Martin Mosley

Odom Park Pilcher Smith, 24th Smith, 35th Striplin Wall Whaley

Those voting in the negative were Senators:

Bland Burnside Dobbs Franklin Gross Guyton

Harrison Holt Houston Lanier Mason McGehee

Milhollin Ragan Steed Sumner

Not voting were Senators: Barnhill, Bradley, Coxon, Fortson, Garner,

800

JOURNAL OF THE SENATE,

Lewallen, and Rowland.
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to transmit, the ayes were 28, nays 16, and the motion prevailed.
Senator Edenfield of the 4th asked unanimous consent to have the following message from the Georgia Educational Association incorporated in today's Journal:
Georgia Education Association Official Organ: Georgia Education Journal
Atlanta, Georgia, March 14, 1941
Honorable Eugene Talmadge, Governor Honorable Charles D. Redwine, President of the Senate Honorable Randall Evans, Speaker of the House
Gentlemen:
We, the undersigned members of the Policies Commission ot the Georgia Education Association, representing the various departments of that Association as indicated with our signatures below, wish to express to you and to members of the General Assembly our apreciation for the broad and liberal manner in which you have kept your pledge to the teachers and school officials of Georgia in making effective your pledge to them, both prior to and subsequent to election. Every promise made to the teachers of Georgia has been fulfilled in spite of the stringent, financial condition of the State Treasury at the present time.
Back salaries of teachers have been paid as promised. A full term for 1940-1941 has been made possible, and provision has been made to guarantee to all teachers a full term on the regular, established state salary schedule for the next bie!lnium. Other promises made by you have been kept with the same fidelity.
T:1e school officials and teachers of Georgia arc very happy over the manner in which you have fulfilled your promises, and wish to emphasize to you their sincere appreciation for what you have done. No greater service has ever been rendered in the cause of public education in this State with more expedition to meet a grave emergency.
Again we say, thank you.
Respectfully,
M. D. Collins, State Superintendent of Schools. J. I. Allman, President Georgia Education Association R. L. Ramsey, Secretary Georgia Education Association.

TUESDAY, MARCH 18, 1941

801

W. E. Knox, President Georgia Association of School Administrators. E. G. Kirby, President of Superintendents and Board Members Organization. J. Harold Saxon, Georgia High School Association. L. D. Haskew, Chairman Policies Committee, Georgia Education Association. l\1rs. H. B. Carreker, President, Elementary Principals, Georgia Education Association. H. S. Shearouse, President Departmunt of Rural Education. John T. Wheeler, Department of Vocational Education. Claude Purcell, Department of Adult Education. Mrs. \V. J. Summerall, President Association for Childhood Education, Georgia Education Association. Knox Walker, Chairman Code of Ethics Committee.
Stanley :vr. Hastings, :\iember
Legislative Committee, Georgia Education Association Policies Com. J. C. Dixon, Vice-Chancellor University System of Georgia. E. D. \Vhisonant Policies Commission, Georgia Education Association. M. E. Thompson, State Director of Teacher Training. Paul R. Morrow, President Department of Teacher Training. Paul M. Cousins, President Shorter College. Myrtis McKenzie, President Department of Classroom Teachers, Georgia Education Association.
The consent was granted.
Senator Smith of the 24th moved that when the Senate adjourns this afternoon it stand adjourned until 7 o'clock tonight, and the motion prevailed.
Senator Couch of the 52nd asked unanimous consent to take up the following bill of the House for the purpose of considering the disagreement of the House to the Senate substitute:
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. lG\J. A bill to create a Purchasing Department in Fulton

802

JOURNAL OF THE SENATE,

County; and for other purposes.
The consent was granted.
Senator Couch of the 52nd moved that the Senate insist on its substitute and name a Conference Committee of three to confer with a like committee from the House to endeavor to reach an agreement on the bill.
The motion prevailed and the President named as a Conference Committee from the Senate: Senators Couch of the 52nd, Whaley of the 45th, and Lanier of the 18th.
Senator Edwards of the 6th asked unanimous consent to take up the following bill of the Senate for the purpose of considering an amendment offered by the House:
By Senator Edwards of the 6th: Senate Bill No. 78. A bill to regulate labor organizations; to prohibit
them from seeking money from persons working on projects being financed by tax money; and for other purposes.
The consent was granted.
The House offered the following amendment:
Bloodworth of Bibb moves to amend Section 4 of Senate Bill No. 78 by adding to the end of said Section the following provisio "provided nothing contained in this Section shall prevent any union from accepti'1g any dues or fees voluntarily offered or tendered by any such worker."
Senator Edwards of the 6th moved that the Senate concur in the House amendment, and the motion prevailed.
Senator Smith of the 24th moved that the Senate do now adjourn until 2 o'clock this afternoon, and the motion prevailed.
The Senate reconvened at 2 p.m. and resumed the transaction of business.
Senator Lewallen of the 33rd was granted leave of absence for two days, due to illness.
The following bills and resolutions of the Senate and House, set by the Rules Committee as the calendar for today, were taken up for consideration:
By Senator Cannon of the 40th: Senate Bill No. 188. A bill to amend an Act entitled: "An Act to provide
for the payment of a license by certain persons fishing within the State"; and for other purposes.
The committee offered the following amendment which was adopted:
The committee move:. to amend Senate Bill No. 188 as follows:
:By adding at the end of Section two ( 2) the following sentence:

TUESDAY, MARCH 18, 1941

803

Provided, however, that none of the provisions of this Act shall apply to the owner of any private lake or private pond, or members of his immediate family from taking fish from his own pond or lake.
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 Cannon of the 40th asked unanimous consent to have Senate Bill No. 188 immediately transmitted to the House, and the consent was granted.
By Senators Garner of the 47th, Sumner of the lOth, and Rowland of the 16th: Senate Resolution No. 60-214A.
A RESOLUTION '\Vherea.s, cotton seed and peanuts are two very important crops of Georgia, and '\Vhereas, the food element of cotton seed and peanut oils is of immense value to the health and economy of the nation, and
\Vhereas, the farmers of Georgia are vitally interested in enjoying broad and unrestricted markets for cotton seed and peanut oils, and
'VVhereas, cotton seed and peanut oils can be used in the production of wholesome food products in the form of shortening and margerine, and by such use creates a market for these Georgia farm products, and
\Vhereas, the State of Washington now imposes a tax of 15c per pound on margarine, in the manufactutre of which large quantities of cotton seed and peanut oils are used, and
Whereas, we learn with distinct regret that the legislative bodies of the State of Washington now have under consideration the passage of House Bill 215, which if enacted, places further serious restrictions on the utilization and marketing of two of the chief food products of the South, cotton seed and peanut oils, and
\Vhereas, this body iii profoundly impressed that such state laws constitute unfair and unwarranted trade barriers and violate the principles of free trade between the states-principles that have contributed immeasurably to the upbuilding of the nation,
Be it resolved: (1) That the legislative bodies of the State of Washington are urged not to pass House Bill No. 215, but in lieu thereof enact legislation repealing the existing tax of 15c per pound on margarin6l, thus obviating sarious injury to the cotton and peanut farmers of Georgia.
(2) That copy of this resolution be transmitted forthwith by a,ir mail

804

JOURNAL OF THE SENATE,

to the Governor of the State of Washington, with the request that same be referred immediately to the Legislature of that State.
On the adoption of the resolution, the ayes were 3G, nays 0, and the resolution was adopted.
By Messrs. Evans of McDuffie, Culpepper of Fayette, and others: House Bill No. 499. A bill to provide for the survival of suits com-
menced by or against public officers in their official capacity in favor of or against their successors in office in the event of death removal, resignation or expiration of the term of such officers; and for other purposes.
The report of the committe, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senators Coker of the 39th and Cannon of the 40th: Senate Bill No. UJ9. A bill to regulate the sale of group hospitalization
insurance contracts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill t.he ayes were 31, nays 0.
The bill, having received the requbite constitutional majority, was passed.
Senator Coker of the 39th asked unanimous consent to have Senate Bill No. 199 immediately transmitted to the House, and the consent was granted.
Senator Steed of the 43rd asked unanimous consent to have the following bill of the House withdrawn from the Committee on Special Judiciary, read the second time, and recommitted:
By :\1essrs. Dorsey of Cobb, Grice of Bibb, and others: House Bill No. 41 G. A bill to amend and revise Chapter 74-4 of the Code
of 1933, providing for an investigation and report to the Superior Court in which the adoption is filed on the purposed adoption by the State Department of Public \Vclfare where facilities are available, and for other purposes.
The consent was granted.
Senator Edwards of the Gth arose to a point of personal privilege and addressed the Senate.
Senator Guyton of the 1st arose to a point of personal privilege and addressed the Senate.
Senator La11ier of the 18th arose to a point of personal privilege and addressed the Senate.

TUESDAY, MARCH lR, 1941

805

Senator Coker of the 39th arose to a point of personal privilege and addressed the Senate.
Senator Smith of the 24th moved that the Senate do now adjourn, and the motion was lost.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Wall of the 28th: Senate Bill No. 1R:3. A bill to provide for a course of instruction in
veterinary medicine and surgery at the College of Agriculture, Athens, Ga.; to provide for the granting of the degree of doctor of veterinary medicine; to authorize persons completing such courses of instruction to practice veterinary medicine' and surgl'ry in this State without examination; and for other purposes.
Senator :\1cGehee of the 25th moved that the bill be postponed.
On the motion to postpone the ayes were 9, nays 20, and the motion was lost.
The' report of thl' committl'e, which was favorable to the passage of the bill, was agrl'ed to.
On thl' passage of the bill thl' ayes Wl'rl' :Jo, nays 0.
The bill, having rl'ceived the requisite constitutional majority, was passed.
By Senator Dorsey of the 32nd: Senate Resolution No. 62-223A. A resolution authorizing the State Li-
brarian to furnish certain Supreme' Court Reports.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having; received the requisite constitutional majority, was adopted.
Senator Wall of the 28th asked unanimous consent to have Senate Bill No. 183 immediately transmitted to the House, and the consent was granted.
Senator Campbell of the 34th moved that thl' Senate do now adjourn until 7 o'clock tonight, and the motion prevailed.
The Senate reconvened at 7 p.m. and resumed the transaction of business.
The PresidC'nt asked for a call of the Senate to ascertain whether or not a quorum was present.
The roll was called and the following Senators answered to their names:

8o6

JOURNAL OF THE SENATE,

Adams Bargeron Barnhill Bland Burnside Cannon Clark Coker Couch Coxon Daughtry Dorsey Drake

Edenfield Edwards Fortson Franklin Gross Guyton Hamilton Hill Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odorll. Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Mr. Steed of the 43rd 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. 416. Do pass.
House Bill No. 141. Do pass.
House Bill No. 599. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Clarke of the 44th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President: Your Committee on State of the Republic 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. 145. Do pass.
House Bill No. 395. Do pass. House Bill No. 353. Do pass.
House Bill No. 510. Do not pass.
House Bill No. 716. Do pass as amended. Ho111se Bill No. 396. Do pass.
House Bill No. 562. Do not pass.

TUESDAY, MARCH 18, 1941

807

House Bill No. 486. Do not pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County Matters, ~mbmitted 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. 728. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Houston of the 51st 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 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.
House Bill No. 391. Do pass.
House Bill No. 613. Do pass.
Respectfully submitted, Houston of 51st district, chairman.
Dr. Coker of the 39th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 92. Do pass.
House Bill No. 411. Do pass.
House Bill No. 91. Do pass.
House Bill No. 559. Do pass.
House Bill No. 712. Do pass.

sos

JOURNAL OF THE SENATE,

House Bill No. fi5fl.

Do pa!>s.
Re!>pectfully !\ubmitted, Coker of 39th district, chairman.

Mr. McGehee of the 25th District, Chairman of the Committee on Temperance, !'.ubmitted the following report:

1\Ir. President:
Your Committee on Temperance have had under consideration the following bill of the Senate and have instr.ucted me as Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 129. Do pass.
Respectfully submitted, McGehee of 25th district, chairman.
Mr. Dorsey of the 32nd District, Chairman of the Committee on General Judiciary No. 2, submitted the following teport:

Mr. Pre!'.ident:
Your CommitteC> on General Judiciary No. 2 have had under con!>ideration the following bill of the Senate and have instructed me a!\ Chairman, to report the same back to the Senate with the following recommendations:
Senate Bill No. 203. Do not pa!>s.
Respectfully submitted, Dorsey of 32nd district, chairman.
The following minority report on Senate Bill No. 203 was submitted:

Mr. President:
Comes now the undersigned members of Judiciary Committee No. 2, and files this minority report and recommends that Senate Bill No. 203 do pass.
Respectfully submitted, Edwards of 6th district, Coker of 39th district, Harrison of 23rd district, Clark of 44th district.
Mr. Drake of the 8th 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:

TUESDAY, MARCH lR, 1941

809

House Bill No. 3fiR. Do pass. House Bill No. 50fi. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 82-48fiA. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Guyton of the ht District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. PresidPnt:
Your Committee on Game and Fish have had under consideration tre following bills of the Senate and Hom;e and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 448. Do pass.
Senate Bill No. 221. Do pass.
Respectfully submitted, Guyton of 1st district, chairman.
Ml'. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following 1eport:
Mr. President:
Your Committee on Amendments to the Constitution 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:
HousP .Resolution No. fil-32fiD. Do pass.
House Resolution No. fi8-37fiB. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Dorsey of the :~2nd District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

810

JOURNAL OF THE SENATE,

Mr. President: Your Committee on General Judiciary No. 2 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. 215. Do pass.
House Bill No. 315. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
:Mr. Martin 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 House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 201. Do not pass.
House Bill No. 402. Do pass as amended.
Respectfully submitted, Martin of 3rd district, chairman.
The following minority report on House Bill No. 201 was submitted:
Mr. President:
Comes now the undersigned members of the Committee on Hygiene and Sanitation and files this minority report and recommends that House Bill No. 201 do pass.
Respectfully submitted, Edwards of 6th district, chairman.
Nrr. Holt of the 48th 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. 6'26. Do pass as amended.
House Bill No. 638. Do pass.
House Resolution No. 65-357A. Do pass.

TUESDAY, MARCH 18, Hl41

811

House Resolution No. 109-646A. Do pass.
House Resolution No. 105-612A. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Hill of the :36th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 222.
Senate Bill No. 219.
Respectfully submitted, Hill of :36th district, chairman.
The following special report from the Committee on State Sanitarium was read for the information of the Senate:
Mr. Charles D. Redwine, President, and Members of the State Senate:
Your Committee on State Sanitarium made an inspection of the Milleclgeville State Hospital, and herewith hand you their report:
We found the new buildings erected by the State Hospital Authority well constructed and desig'led for comfort and the best of service for Georgia's unfortunates. We urge that clue consideration be given to replacing or repairing all old buildings located at said Institution.
We commend Dr. John W. Oden, Superintendent of the Milledgeville State Hospital, for his efforts. He has given of his time, knowledge, and talents in order that the inmates may have sufficient food and proper medical care, and attention.
The personnel of this institution is rendering service to the people of Georgia in giving care to the inmates. \Ve wish especially to call your attention the daily duties of State Hospital Physician. Makes rounds on each ward he has in the morning. Looks after each one that is sick. Hears each one that has anything to say in the way of being sick. Sees any visitor that wishes to talk to him about any patient on his service. Looks over the patient's mail and talks to the patient, finds out all questions they want to know about the patient. Attends the staff meeting from 11:15 till 12::30 each day, afternoon. Answers all letters, makes the rounds again. Looks after all sick patients and talks to some. Looks after all sick attendants on his service. Makes notes on all his patients once every three ( :3) months. Gives orders as to whether a patient is allowed to go out or not. Has to stay on call all of the 24 hours for his service, except once every other week-end.

812

JOURNAL OF THE SENATE,

This is just part of the main duties. Lots of small things come up each day.
We are of the opinion that the reduction made recently of the physicians' salary was not for the best interest of the State Hospital.
We deeply appreciate the interest that the citizens of Milledgeville and Baldwin County have in Georgia's greatest institution of charity.
Respectfully submitted,
J. 0. Wall, Chairman, Grady Coker of 39th, Secretary.
The following bills and resolutions of the House were read the first time and referred to committees:
By Messrs. Thompson and Hatchett of Meriwether:
House Bill No. 121. A bill prohibiting any architect, landscape architect, engineer, etc., with intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor or services performed or material furnished; to provide penalty for violation; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Sills of Candler:
House Bill No. 155. A bill to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this State; and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Turner of DeKalb:
House Bill No. 282. A bill to make the operation of trackless trolleys subject to the same municipal ordinances, rules and regulations and subject to the same taxes and basis of allocation thereof between counties as is now required by the law of street railroads; and for other purposes.
Referred to Committee on Motor Vehicles.
By Messrs. Dunaway of DeKalb, Turner and Candler of DeKalb:
House Bill No. 354. A bill to provide for compensation of Jury Commissioners and their Clerks; and for other purposes.
Referred to Committee on Special Judiciary.
By :\1essrs. Pickett of Pickens and Hagan of Screven:
House Bill No. 377. A bill to impose a penalty upon any person, firm, or corporation operating in any municipality of this StatE', taxi cabs serving the public where a passenger is refused transportation to his place of destination within th(' corporate limits of such municipality; and for other purposes.
Referred to Committee on Industrial Relations.

TUESDAY, MARCH 18, 1941

813

By Messrs. Welsch and Dorsey of Cobb:
House Bill No. 543. A bill to amend Section 113-901 of the Code to provide for vesting of title to personal property in the heirs of a deceased where such decedent left no debts and where the heirs are sui-juris; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Evans of McDuffie, Elliott of Muscogee, Lovett of Laurens, and Culpepper of Fayette:
House Bill No. 593. A bill to restrict and limit the jurisdiction of the State Board of Tax Appeals; and for other purposes.
Referred to Committee on Finance.
By Messrs. Elliott and Wohlwender of Muscogee:
House Bill No. 65U. A bill to authorize the Commissioner of Roads and Revenues in counties having a certain population, to contract for group insurance for the benefit of county officers and employees; and for other purposes.
Referred to Committee on Counties and County Matters:
By Mr. Richardson of Hart: House Bill ~o. 67U. A bill to provide additional compensation for the
official stenographic reporter of Superior Courts of Judicial Circuits having a population of between 76,610 and 76,600; and for other purposes.
Referred to Committee on Special Judiciary.
By Mrs. }1ankin, }iessrs. Etheridge and Kendrick of Fulton:
House Bill !'\ o. 683. A bill to create a civil service system in Fulton County; to provide for a Civil Service Board; and for other purposes.
Referred to Committee on Counties and County }iatters.
By }1essrs. Bates of Ware, Deal of Bulloch, Daves of Dooley, walker of Grady, Taft of Atkinson and Willoughby of Clinch:
House Bill No. G86. A bill to cncomage physicians to practice medicine in small towns and rural communities; and for other purposes.
Referred to Committee on University System of Georgia.
By Mr. Griffin of Wilkes: House Bill No. 732. A bill to establish the City Court of Washington; and
for other purposes. Referred to Committee on Special Judiciary.
By Mr. Willoughby of Clinch: House Bill No. 740. A bill to regulate and govern the opening and clos-
ing of seasons for the hunting of deer in Clinch County; and for other purposes.
Referred to Committee on Game and Fish.

814

JOURNAL OF THE SENATE,

By Messrs. Parker and Roberts of Walton: House Bill No. 746'. A bill to amend the charter of the City of Social
Circle; to provide for the employment of the City Clerk and Treasurer; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Barber and Barlow of Colquitt:
House Bill No. 749. A bill to amend an Act to amend an Act establishing the City of Doerun; and for other purposes.
Referred to Committee on Municipal Government.
By :vir. Gowen of Glynn:
House Bill No. 751. A bill to definu the limits of the port and harbor of the City of Brunswick; and for other purposes.
Referred to the Committee on Municipal Government.
By Messrs. Maddox, Rogers, and Hicks of Floyd:
House Bill No. 756. A bill to amend an Act to create a new charter for the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Ferguson and Suggs of Sumter:
House Resolution No. 57-307D. A resolution to name and designate the DeSoto Trail in Georgia; and for other purposes.
Referred to Committee o'1 Highways and Public Roads.
By Messrs. Simmons and Mills of Decatur: House Bill No. 1!J2. A bill to amend an Act of the General Assembly
amending the Income Tax Laws by providing certain exemptions from the operation o~ th~ said Act; and for other purposes.
Referred to Committee on Finance.
By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn and \Vetherbee of Daugherty:
House Bill No. 439. A bill to amend title 92 ("Public Hevenue"), division 1 ("Sources of Revenue"), of the Code of Georgia of 19:l3; and for other purposes.
Heferred to Committee on Finance.
The following bills and resolutions of the Senate and House were read the third time and pat upon their passage:
By Mrs. Mankin, :\fessrs. Kendrick and Etheridge of Fulton: House Bill No. 172. A bill to be entitled an Act to provide a budget for
all counties in this State having a population of two hundr2d thousand or more by the United States census of 1!J30; and for ether purposes.
The report of the Committee, which was favorable to the passage of the

TUESDAY, MARCH 18, 1941

815

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. Kendrick and Etheridge and Mrs. ::\1ankin of Fulton:
House Bill No. 173. A bill to be entitled an Act to amend the Budget Law for Fulton County so as to define the method for determining anticipated expenditures in any future budget, etc.; and for other purposes.
Senator Couch of the 52nd offered the following substitute, which was adopted.
AN ACT To amend an Act approved March 16, 1939, appearing in Georgia Laws 1939, pages 272-276, which Act in entitled: "An Act 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; to define the word "Authorities" as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted; for estimating the income and estimating and limiting the expenditures of the county for the purpose of the budget; for defining and classifying the revenue of the county and desig-nating its uses; for prescribing the order and the priority of the appropriations; for designating the manner and circumstances under which the budget may be changed or altered; for providing the duties of the authorities in the event a deficit should be created; for limiting the anticipated income i'l the budget; for prescribing the manner of reallocation of appropriations in the budget and providing that warrants issued or obligations incurred in excess of appropriations shall be void as county obligations but shall be individual obligations of the members of the authorities; for advertising all proposed projects for permanent improvements of public works in excess of a certain amou'1t; for limiting the expenditures for the Public vVorks Department, convict camps and convicts; for providing that this Act shall not limit or restrict the amount of tax levies; and for other purposes", by striking entirely from said Act Section 9 and by substituting in lieu thereof an entirely new section to be k~own as Section 9, relating to apropriations in the budgets for the year 1941 and for subsequent years; by striking the last sentence of Section 5 of said Act; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the above stated Act, approved March 16, 1939, and appearing in Georgia Laws 1939, pages 272-276, be and the same is hereby amended by flbiking from said Act Section 9 thereof and by substituting in lieu thereof an entirely new section to be known as Section 9, to read as follows:
"Section 9. For the year 1941, the authorities shall not be authorized to appropriate in the Budget an amount in excess of the average normal revenue collected from all sources for the calendar years 1939 and 1940; nor shall thE authorities be authorized to appropriate in the Budget for the year 1942 and

816'

JOURNAL OF THE SENATE,

subsequent years an amount in excess of the average of the normal revenue collected from all sources for the three calendar years next preceding; except that should the normal revenue actually collected from all sources in any calendar year exceed the amount appropriated for such year, as based upon the average of the preceding years, as set forth in this paragTaph, the authorities shall be authorized to expend same for any lawful purpose."
Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that said Act be further amended by striking from Section 5 (Acts 1939, page 274) the last sentence thereof which reads as follows: "The anticipated revenues shall not exceed the normal revenue collected by the county from all sources during the preceding year, and the anticipated expenditures shall in no event exceed the anticipated income," so that said section when amended shall read as follows:
"Section 5. In drafting the budget, the county authorities shall estimate the amount of normal revenue of the County for that year, together with the appropriations of the County for that year. In estimating the anticipated normal revenues, tax executions may be included in an amount not to exceed eighty-five (85) per cent. of all tax executions. Choses in action owned by the County may be included if certified by the County Attorney to be solvent and collectible."
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 faYorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Mr. Daves of Dooley:
House Bill No. 425. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dooley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill, the ayes wre 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :\1r. Dyal of Appling:
House Bill No. 498. A bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for Appling County; and for other purposes.
The report of the committee, which was favorable to the passage of the

TUESDAY, MARCH 18, 1941

817

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 Mr. Southwell of Charlton: House Bill No. 622. A bill to be entitled an Act to amend "An Act of
the General Assembly of the State of Georgia, creating a Board of Commissioners of Roads and Revenues for the County of Charlto'1, State of Georgia", approved August 4, 1927 (Ga. Laws 1927 pp. 529-540 inc.), to provide for an additional road district and additional board member, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Rowland of Johnson: House Bill No. 623. A bill to be entitled an Act to amend an Act creat-
ing a new charter for the City of Wrightsville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bennett of Jeff Davis: House Bill No. 641. A bill to be entitl61d an Act to create the office of
County Custodian for 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By l\ir. Adams of Wheeler: House Bill No. 635. A bill to be entitled an Act to provide for the hold-
ing of three terms of the Superio1 Court of Wheeler County, Georgia, and for times for holding the same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed,

818

JOURNAL OF THE SENATE,

By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 658. A bill to be entitled an Act to combine the Depart-
ment of Health of the City of Columbus with the Department o;" Health of Muscogee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Bennett of Jeff Davis: House Bill No. 669. A bill to be entitled an Act to provide for the deposi-
tion for all funds, records, papers and accounts that may have been kept regarding said depository for J ea Davis County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Fuller of Toombs: House Bill No. 681. A bill to be entitled a'1 Act to amend an Act creat-
ing the office of Commissioners of Roads and Revenue in and for the County of Toombs; to prescribe his duties and powers; and for other p:1rposes.
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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :vir. Heard of Elbert: House Bill No. 69.5. A bill to be entitled an Act to amend the charter of
the City of Elberton, Georgia; and ::'or other purposes.
The committee offered the following ame!ldment, which was adopted:
Senator :vlason of the 30th District moves to amend House Bill No. 695 by adding the following "At the end of the present calendar year" immediately after the word "that" in line one, section three ( 3) of said bill.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage o.i the bill, th2 ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed !J.S amended.

TUESDAY, MARCH 18, 1841

819

By Mr. Gowen of Glynn: House Bill No. 700. A bill to be entitled an Act to authorize the Commis-
sioners of Roads and Revenues for Glynn County, Georgia, to sell or lease, all or any part of the dedicated areas in that subdivision on St. Simons Island in Glynn County, Georgia, known as "Arnold Villa Es.tates"; and for other purposes.
The report 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 Mr. Dunaway of DeKalb: House Bill No. 706. A bill to be entitled an Act to amend the charter
of the City of Pine Lake, in the County of DeKalb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, havi!lg received the requisite constitutional majority, was passed.
By Messrs. Hooks and Woods of Emanuel: House Bill No. 707. A hili to be entitled an Act providing for a two-year
term for Mayor of the City of Swainsboro, Georgia; and for other purposes.
The report o:i' the committee, which was favorable to the passage of the bill, was agred to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :Mr. Anderson of Wayne: House Bill No. 713. A bill to be entitled an Act to amend an Act to
incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia, etc., by adding to Section 42 of said Act, the words: Provided, however, that this section does not apply to lands in said City of Jesup; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the paE:sage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed;
By Messrs. Dorsey and Welsch of Cobb: House Bill No. 715. A bill to be entitled an Act to amend an Act to au-
~holize the Mayor anti Council of the City o:! Marietta, in the County of Cobb,

820

JOURNAL OF THE SENATE,

to order and have held an election by the qualified voters of said City for issuance of bonds; and for other purposes.
The report 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. Lovett and Kea of Laurens:
House Bill No. 716. A bill to be entitled an Act to amend the Act entitled an Act to create a new charter for the City of Dublin; and for other purposes.
The committee offered the following amendment which \~as adopted:
Senator Rowland of the 16th moves to amend House Bill No. 716 as follows: By adding a new Section to said Bill to be appropriately numbered and to read as follows:
"This bill shall become effective on December :31, 1041, but only upon first being approved by a majority of those voting in a re~:!rendum to be held on same, said refere:!ldum to be held on the fourth (4th) Wednesday in August, 1041, at the City Hall in Dublin, Laurens County, Georgia, under the direction and supervision of the Mayor and Board of Aldermen of said City of Dublin, and it shall be the duty of said :Mayor and Board of Aldermen to see that said referendum is held on the said 4th Wednesday in August, 1041, and to provide and furnish proper ballots for those voting in said referendum, and to see that said referendum is held according to the existing general laws
of this State governing such referendums and I or referendum elections.
"Provided: That those allowed to vote in said referendum shall be as
follows: All of those residents and I or citizens of the City of Dublin, Geor-
gia, who were qualified to vote in the general election or primary election for candidates for Mayor or Aldermen of said City last hel:l prior to the date of said referendum, and those re~idents or citizens of the area proposed to be incorporated into the City of Dublh by this bill who were qualified to vote for members of the General Assembly which was held in 1!J40. If a majority of those voting in said referendum shall vote for ratification of this bill to extend the corporate limits of the said City of Dublin, then this bill shall become effective on the 31st day of December, 1941. If a majority of those voting in said referendum vote against ratification of this bill to extend the corporate limits of said City of Dublin, then this bill to 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 40, nays 0.
'l'he bill, having received the rcquisit~ ~onstitutional majoritr, was passed

TUESDAY, :MARCH 18, 1941

821

as amended.
By :Messrs. Atkinson, Grayson and McNall of Chatham: House Bill No. 717. A bill to be entitled an Act to amend the several
Acts relating to and incorporating the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agTeed to.
On the passagP of the bill, thP ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Brinson of Chattooga: House Bill No. 722. A bill to be entitled an Act to amend an Act entitled
an Act to create and incorporate the City of Summerville in lieu of the Town of Summerville; a1d for other purposes.
The report 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.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
By Senator Dorsey of the 32nd:
Senate Bill No. 218. A bill to establish State standards of weights and measures; and for other purposes.
By Senator Guyton of the 1st: Senate Bill No. 221. A bill to prove that the Department of Public
Health be charged with the duties of inspection and analysis of oysters and shell fish for food, and the appointment of all inspectors required therefor; and for other purposes.
By Messrs. Vickers of Coffee and Taft of Atkinson: House Bill No. 91. A bill to amend an Act approved August 20, 1929
designating the Highway mileage by adding additional mileage in Coffee and Atkinson Counties; and for other purposes.
By :\1r. Vickers of Coffee: House Bill No. 92. A bill to amend an Act approved August 20, 1929,
designating the Highway Mileage by adding additional mileage in Coffee County, Ga., from Lax, Georgia, to the Bacon County Line; and for other purposes.
By Mr. Lester of Richmond: House Bill No. 215. A bill to amend Section 6'7-2002 of the Code pro-

822

JOURNAL OF THE SENATE,

viding how liens are declared and created, their record and priorities, so as to provide a means for the enforcement of such liens, without the necessity of a final judgment against a contractor, in certain instances; and for other purposes.
By Mr. Pannell of Munay:
House Bill No. 315. A bill to amend Section 32-1402 of the Code relating to "proceeds of school bonds, how held and used"; and for other purposes.
By Messrs. Candler, Dunaway and Turner of DeKalb:
House Bill No. 353. A bill authorizing a cadastral survey in all counties; and for other purposes.
By Mr. Aultman of Peach:
House Bill No. 368. A bill to authorize the fiscal authority in Counties having a population of not less than 10,376 and not more than 10,386 to pay additional compensation not to exceed $30.00 expense; and for other purposes.
By Messrs. Bates and Williams of Ware; Southwell of Charlton and Jones of Brantley; and Bowen of Pierce:
House Bill No. 599. A bill to abolish the fee system now existing in the Superior Courts, as applied to the office of Official Court Reporter, of the Waycross Judicial Circuit; and for other purposes.
By Messrs. Bloodworth, Weaver and Grice of Bibb: House Bill No. 613. A bill to authorize county, municipal corporations,
and political divisions of this State to appropriate money, and to lease, lend,
sell, or donate property, and to lend credit to the State of Georgia and I or
United States; and for other purposes.
By Mrs. Mankin, :VIessrs. Kendrick and Etheridge of Fulton; Messrs. Candler, Dunaway and Turner of DeKalb:
House Bill No. 626. A bill to propose to the qualified voters of Georgia an amendment to the Constitution authorizing Fulton and DeKalb County to establish a Highway Authority; and for other purposes.
By Messrs. Joiner of Cook and Connell of Lowndes: House Bill No. 638. A bill to propose to the qualified voters of Georgia
an amendment to the Constitution of Georgia so as to authorize Cook County to issue funding bonds; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 656. A bill to authorize the Commissioners of Roads and
Revenues in counties having a population of not less than 57,000 and not more than 80,000 according to 1940 census to adopt and enforce building and construction 1egulations; and for other purposes.
By Messrs. Davis and Arnall of Coweta: House Bill No. 712. A bill to amend an Act entitled "Highway Mileage"
so as to add additional mileage in Coweta County, Georgia; and for other

TUESDAY, MARCH 18, 1941

823

purposes.
By Messrs. Candler, Dunaway and Turner of DeKalb:
House Bill No. 728. A bill to amend an Act approved August 11, 1915 entitled "An Act to abolish the office of County Treasurer of the County of DeKalb"; and for other purposes.
By Mr. Candler of DlKalb: House Resolution No. 61-326D. 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 Stone :viountain to incur a bonded indebtedni.'ss in addition to that already authorized by the Constitution; and for other purposes.
By Messrs. Candler, D::naway and Turner of DeKalb: House Resolution No. 65-356A. A resolution to propose to the qualified
voters an amendment to Article 2, Section 1, o;' the Constitution of the State of Georgia authorizing the Commissioner of Roads and Revenues of DeKalb County to establish sewerage; and for other purposes.
By Messrs. Blackshear and Smith of Hall: Hom;~ Resolution No. 68-375B. A resolution 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 Gainesville to incur a bonded indebtedness, in addition to that hetetofore authorized; and for other purposes.
By Messrs. Ethel"idge, Kendrick and Mrs. Mankin o:f Fulton: House Resolution No. 82-485A. A resolution authorizing Fulton County
to refund to Mobley and Lunsford, the sum of $926.50 for a bond; and for other purposes.
By Mr. Moate of Ha'lcock: House Resolution No. 105-612A. A resolution proposing to the qualified
voters of Georgia an amendm2nt, so as to authorize the County of Hancock to refund bonded indebtedness; and for other purposes.
By Messrs. Swint and GoddarJ of Spalding: House Resolution No. 109-6"46A. A resolution proposing to the qualified
voters an amendment to Article XI, Section II, Paragraph I of the Constitution so as to provide for the division of Spalding County into school districts; and for other purpo=:es.
By :Wessrs. Elliott of Muscogee, and Brinson of Chattooga: House Bill No. 391. A bill to provide an alternative, additional and sim-
pler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals, in cases wit!-1in their respective constitutional jurisdictions, to provide ior rules on the subject; and for other purposes.
By Messrs. Evans of McDuffie and Lovett of Laurens: House Bill No. 395. A bill to amend an Act relating to the payment

824

.JOURNAL OF THE SENATE,

and disposition of fee~ paid by persons appointed as Notaries Public by the State Librarian; and for other purposes.
By Messrs. Evans of McDuffie and Lovett of Laurens:
House Bill No. 396. A bill to amend an Act relating to the salary of the State Librarian and Assistant State Librarian, by changing the salary of the State Librarian to three thousand dollars per year from all sources; and for other purposes.
By Messrs. Williams of Harris, Roughton o~ Washington, Caldwell and Davis of Troup:
House Bill No. 402. A bill to amend an Act to further regulate the practice of osteopathy and to increase the educational requirements or' applicants for license to practice osteopathy; and for other purpose~.
By Messrs. Roge1s of Floyd, Gowen of Glynn, Ferguson of Camden and Ferguson of Sumter:
House Bill No. 411. A bill to authorize the State Highway Board to construct and maintain airports, landing fields and other air navigation facilities, and to use the right of eminent domain in connection therewith; and for other purposes.
By Mr. Rich of Union:
House Bill No. 506. A bill to exempt from the operation of Sections 62-510, 62-511 of the Code of 1933 certain Militia Districts in Union County, Georgia; and for other purposes.
By Messrs. Sills of Candler, Deal and Aiken of Bulloch: House Bill No. 559. A bill to amend an Act entitled "Highway :Mileage"
approved August 20, 1929, by adding thereto a road beginning in the City of Metter in Candler County and extending through Portal in Bulloch County and the Town of Rocky Ford in Screven County; and for other purposes.
The following bill<; and resolutions of the House were read the third time and put upon their passage:
By Mr. Bennett of Jeff Davis: House Bill No. 294. A BILL 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 Hazlehurst to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and which becomes due up to and including November 1, 1941; 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 past due and unpaid on January 1, 1941, or which may become due up to and including

TUESDAY, MARCH 18, 1941

825

November 1, 1941 ; to provide for the submission of the amendment for ratification by thC' pC'oplC', and for other purposes.
Section 1. Be it eYJacted by the General Assembly of the State of Georgia, and it is hereby enactC'd 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 follo,ving words, to-wit:
"And except that the City of Hazlehurst may issue refunding bonds not in excess of t:1e aggregate sum of $1!),000 for the purpose of refunding and retiring any bonded indebtedness and intercst thereon of said City outstanding past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of ~aid City outstanding and which becomes due up to and including November 1, 1941, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Hazlehurst to be used exclusively for the purpose of paying a'1d retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which b2comes due up to and including November 1, 1941. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Hazlehurst charged with the duty of managing its corporate affairs, and shall be validated as provided by law."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall he 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 Cong-ressional 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 bis State may be voted on, same shall at ~aid general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For rati.i'ication of a;11endment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Hazlehurst to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on thC'ir ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Hazlehurst to issue re?un~ling bonds." And if a majority of the electors qualified to vote for members of the General Assembl::, voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in elPction for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of thC' StatC', 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.

826

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 afiirmative were Senators:

Adams Bargeron Bland Burnside Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield Edwards

Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin :.vrason

McGehee Milhollin :vlosley Odom Pilcher
Ragan
Rowland Smith, 24th Steed Striplin Sumner Wall wnaley

Not voting were Senators: Almand, Bar;1hill, Bradley, Campbell, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

On the passag, of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Horn of Crisp:
House Bill No. 355.
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 Cordele to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Jaws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon due and unpaid as of April 1, 1941, and which becomes due up to and including October 1, 1942; 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 April 1, 1941, or which may become due up to and including October 1, 1942; to provide for the submission of the amendment for ratification by the people, and for other purposes.

Section 1. Be it enacted b~ 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 para7

TUESDAY, MARCH 18, 1941

827

graph in the following words, to-wit:
"And except that the City of Cordele may issue refunding serial bonds not in excess of th~ aggregate sum of $75,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest th::>reon of >aid City outstanding, due and unpaid on April 1, 1941, and any bonded indebtedness and interest ther~on of said City outstanding and which become~ due up to and including Octob:r 1, 1942, 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 fall due; the proceeds of all such r.:funding bonds so issued by the City of Cordele to be used exclusively for the purpose of paying and retiring- said bonded indebtedness and interest t!-.ereon due and unpaid as of April 1, 1941, and any bonded indebtedness and interest thereon outstanding- and which becomes due up to and including October 1, 1942. Said refunding bonds shall be issued when authoriz(?d by an ordinance of the officials of the City of Cordele charged with the duty of managing its corporate affairs, and shall be validat2d as provided by law."
Section 2. Be it further ena<lted by the authority afor~said, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nay~" th2reon, 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 ConstiL:tion of this State may be voted on, same shall at said general election be wbmitted to the people for ratification. All persons voting at said election in favor oi adopting the sai:l proposed amendment to the Constitution shall have written or prinLd on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Cordele to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots thl' words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Cordele 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 r2quired by law in election for members of the General Assembly, the Eaid amendment shall become a part oZ Article 7, Section 7, F'nragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therdor, as provided by law.
Section 3. All laws and parts of laws in conflict herewith are hereby t"epealed.
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 S..;nators:

S28

JOURNAL OF THE SENATE,

AdamR Bargeron Bland Burnside Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield Edwards

Fortson Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Wiwley

Not voting were Senators: Almand, Barnhill, Bradley, Campbell, Coxon, Dobbs, Foster, Houston, Lewallen, Park and Smith of 35th.

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

On the paRsage of the bill, the ayes were 40, nays 0.

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

By Mr. Mixon of Irwin:
House Bill No. 406.
An Act to propose to the qualified voters of Georgia an amC'ndment to Article 7, Section 7, Paragraph 1, of the Constitution oi Georgia, so as to authorize lrl\ in County by vote of its fiscal authority to issue, in addition to all other bondR, funding bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County; to provide that in t'-le event ~ueh warrant indLbtedness is paid off and retired that :;aid County shall thereafter operate on a strictly cash basis and be prohibited :rom 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 c:1ccks shall be executed; to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to make provision for paying ofi 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 submisRion of this amendment for ratification or rejection 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 >:a me:

Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further anwnded by adding thereto a paragraph in the following words and language, to-wit:

TUESDAY, MARCH 18, 1941

829

Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Irwin County is hereby aut':lorized and empo'vered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be kno\\ n and designated as "Funding Bonds".
In the event the privilege granted herein is exercised by said County after said date as so determined by said governing aut:10rity, said County and the governing authority thereof are prohibited from issuing warrants and deferrc<l 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 pa:;able by the Treasury of said County shall be paid monthly or othenvis~ as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no othet way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such c:1ecks to be signed by the Chief Executive Officer of said governing authority, and countersigned by one other member thereof with the right in said governing authority to borrow money to supply casual deficien:::ies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretoiore made and made in the year 1H41 and in each year thereafter by the governing authority charged '' ith the duty of managing said County's affairs shall be legal, with the express power and aJthority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have suc;1 terms and prov1s10ns as to maturity, rate of interest, and othet"'xise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issaance. Provifion shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose oi paying and retiring the wanant indebtedness and interest ther~on of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof "hen authorized by a majority vote and resolution uf the goveming authority of Irwin County, but without the necessity of an

830

JOURNAL OF THE SENATE,

election as in the case of original obligation bonds of said County, and sh::;.ll then be validated in the manner and under the procedure as is provided by !aw for the validation of original obligation bonds.

s~ction 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to b:, two-thilds 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 Ehall at said election be submitted to the people for ratification or rej:::ction. 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 Artic!e 7, Section 7, Paragraph 1, of the Constitution, so as to authotize Irwin County to issue Funding Bonds, and thcrea;t2r to operate on a cash basis, 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 7, S:;c:tion 7, Paragraph 1, of the Constitution so a~ to authorize Irwin Co.mty to issue Funding Bonds, and thereafter to operate on a cash basis, and for ot!1er purposes". And if a majority of the electors qualified to vote for memb:;rs of the General Assembly, voting thereon, shall vote ~or ratification thereof as provided by law, \\hen 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 7, Section 7, Paragrap:1 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation berefor as provided by law.

Section 3. B~ it further enacted that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed.

The repo!t 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 aflirmative were S(;nators:

Adams Bargeron Bland Bumside Cannon Clark Coker Couch Daughtry Dorsey Drake

Edenfield Edwarc!s Fortson Franklin Gross Guyton Hamilton HalTison Hill Holt
Kike~

Kirkland Lanier Mattin Mason ::WcGehce Milhollin Mosley Odom Pilcher Rag-an Rowland

TUESDAY, MARCH 18, 1941

831

Smith, 24th Steed

Striplin Sumner

Wall Whaley

Not vot;ng were Senators: Almand, Barnhill, Bradley, Campbell, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

By unanimous consent, the verification of the roll ca!l was dispensed with.

On the passage of the bill, the ayes wer2 39, nays 0.

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

By :Mr. Rowland of Johnson:
A BILL
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 Wrightsville Consolidated School District, of Johnson County, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and la\vs of Georgia, for the purpose of refunding anc! retiring a portion of its existing bonded indebtedness and interest thereon past due up to and including January 1, 1965; to provide that the funds raised fro;11 such additional bonded indebtedness shall be used exclusively for the retirement of ~aid bonded indebtedness and interest thereon, past due :md unpaid on July 1, 1938, or which may become due up to and including January 1, 1!.!65; 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 hereb:; enacted by a;.~bority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be furthet amended by adding at the end thereof a new paragraph, in the following words, to-wit:
"And except that Wrig'1tsville Consolidated School District, of Johnson County, may i:csue refunding bonds not in excess of the aggregate sum of $17,500.00, for the purpos~ of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on July 1, 1938, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January 1, 1965, and provide for th:c asseosment and collection of an annual tax, sufficient in amount to pay the principal an:! interest o~ said bonds as they fall due; the proceeds of all such refunding bonds so issued by Wrigi1tsville Consolidated School District, Johnson County, to be used exclusively for the purpose of paying and retit ing said bonded indebtedness and int~rest thereon past due and unpaid as of July, 19:)8, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1!.!65. Said Refunding Bonds shall be icsued when authorized by a resolution of the Board of Trustees of Wrightsville Consolidated School District, ancl shall be validated as provided by law."

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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 a two-thirds vote of the members of each House, with the "ayes'' and "nays" thereon, and publi,hed 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, same shall at ~aid general election be submitted to the people for ratification. All persons voting at said eh:ction in favor of adopting t:1e 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, o: the Con-
stitution authorizing Wrightsville Consolidated School District, of Johnson County, to issue refunding bonds," and all persons opposed to thL 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 Wrightsville Consolidated School District, of Johnson County, to issue refunding bonds". And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, w:1en the result shall be consoliL1atcd 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 Stat2, and the Governor ~hall make a proclamation therefor, as provided by law.

Section 3. All laws and parts of laws in coni!ict herewith are hereby repealed.

The report of C1e committee, which was favorable to the passage of the bill, was agreed to.

The bill proposing an amendment to the Constitution, a roll call wa:\ ordered and the vote was as follows:

Tho<'e voting in the affirmative were Senators:

Adams Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee l\1ilhollin Il1oslcy Odom Pilcher Rag-an Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Almand, Barnhill, Bradley, Coxon, Do!)bs, Foster, Garner, Houston, Lewallen, Park, Smith of 35th.

TUESDAY, MARCH 18, 1941

833

By unanimous consent, the verfication of the roll call was dispensed with.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Fuller of Toombs:
House Bill No. 454. A BILL
An Act to propose to the qualified voters of Georgia an amendm"'nt to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Toombs County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County; to provide that in the event such warrant indebtednegs 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 shaH be paid by check and how such checks shall be executed; to legalize tax levies and to authorize the levy and collection of tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 ot rejection 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. 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 paragraph in the following words and language, to-wit:
Provided, however, that in addition to the bonded indebtedne&s now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bon.d purposes, Toombs County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 governing authority or Treasurer of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 90 days next after the date of the proclamation of th~ Governor declaring this amendment ratiiicd; said bonds to be known and designated as "Funding Bonds".
In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authol"ity, said Countr and the

834

JOURNAL OF THE SENATE,

governing authority thereof are prohibited from issuing warrants or deferred payment orders on the Trea~ury 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 governing authority or Treasury of said County shall be paid monthly or otherwise as may be deter;nined by the governing authority of said County, by checks or warrant dra'.'!n on the depository or depositories holding the funds of said County, and in no other way; no such checks or warrants to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding warrants or checks, all such checks or warrants to be signed by the Chief Executive Officer of said governing authority, and countersigned by the secretary thereof, with the right in said governing authority to borrow money to supply casual deficiencies in rev~nue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1!)41 and in each year thereafter by the governing authority char~ted 'Vith the duty oi managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in pa1t in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fi5cal affairs oZ said County after the date determined by th~ governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have such terms and provisions as to maturity, 1ate of interet:t, denominations and otherwise as may be fixed by the governing authority o~ said County, provided, however that one t ,, entieth of said bond issue shall mature each year, the last to mature in twenty (20) years from date of issuance. Provision shall be made by the governing authority bl resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and inter0st of said Funding Bonds as they respectively become due, and the proceeds of said bonJs shall be used exclusively for the purpo~e of paying and retiring the warrant indcbtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds si1all be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Toombs County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the valic:ation of original obligation bonds.
Section 2. Be it further enacted by the authority afore said, that when said amendment shall be agreed to by two-thirds vote of the nwmbers of each House, with the "ayes" and "nays" thereon, t.'le Governor is hereby di1ected to have this proposal published in one or more newspapers in each Con~rcssional District in this State for two months previous to the time for holding the next general election at .vhich proposed amendments to the Con~titution of this State may be voted on, and shall at sad election be submitted to the people for ratification or rejection. All persons voting at said election in favor .pf adopting the said proposed amendment to the Constitution shall have written

TUESDAY, MARCH 18, 1941

835

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 Toombs County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Toombs County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Assembl~', the'n said 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 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 arc, 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:

Adams Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee :Wilhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Smnner Wall Whaley

Not voting were Senators: Almand, Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the tequisite constitutional two-thirds majority, was passed.
By Messrs. Weaver, Grice and Bloodwqrth of Bibb;

836

JOURNAL OF THE SENATE,

House Bill No. 511. 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 Macon to issue notes or debt certificates for financing appropriations for and contributions to local State or National Defense, 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 :\1ayor and Board of Aldermen of the City, may issue notes or debt certificates, in an aggregate amount not to exceed one hundred fifty thousand dollars ($150,000.00) to be executed by the Mayor and Treasurer for the purpose of financing appropriations for and contributions to local, State, or National Defense. Such notes or debt certificates may be issued in such denominations, amounts, at such times, from time to time, 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 respective dates 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 p!Iblished 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 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 Macon to issue notes or debt certificates for participation in local, State, or National defense."
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 Macon to issue notes or debt certificates for pa1ticipation in local, State, or National defense."
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 consolidate~, ~s now required by law ill el~ctions fo~ mem

TUESDAY, MARCH 18, 1941

837

hers 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 proviued 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 Ia IYS in coniJict herewith, shall be and 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:

Adams Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Almand, Barnhill, Bradley, Coxon, Dobbs, Foster, Franklin, Garner, Houston, Lewallen, Park, and Smith, of 35th.

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

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

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

By Mr. Foster of Paulding:
House Bill No. 517.
A BILL
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 Paulding County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said 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 war.

838

JOURNAL OF THE SENATE,

rants 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 ho\\' such checks shall be executed; to legalize tax levies and to authorizP the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the pnsuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to make provision for paying oif and retiring said bonds; to provide that the
o: proceeds 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 purposes:
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amenclecl, shall be further amended by adding thereto a paragraph in the following words and language, to-wit:
Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Paulding County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, including interest due or payable thereon, as the same appears of record in the of.7ice of the Treasurer of said County on the date as determined by the governing authority of said County, which elate shall be not earlier than 10 days and not more than 60 days next after the elate of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds".

In the event the privilege granted herein is exercised by said County after eaid date as so determined by said governing authority, said County and the governing authority 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 County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to bP signed by the Chief Officer of said governing authority, and countersigned by the Treasurer of said County, with the right in said governing authority to borrow money to sup~y casual def;ciencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of

TUESDAY, MARCH 18, 1941

839

said County for the next ensuing year. No violation of any prov1s1on of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixe:! by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision 1:l:all be made by the governing authority by n'solution for the assessment and collection of an ann::tal tax sufficient in amount to pay the principal and interest of said Funding 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 ind~btedness and wterest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hcreo:l' when so authorized by a majority vote and resolution of the governing authority of Paulding County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 "ares" and "nays" thereon, the Governor is hereby directed to have this proposal published in one or more ne\\ spapers in each Congressional District in this State for two months previous to the time for holding the next general e~::ction at which proposed amendments to the Constitution of this State may be voted on, ancl shall at said election be submitted to the people ior 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 Paulding County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Paulding County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes." And if a majority of the electors qualified to vote for members of the General Assembly, voting thc>reon, shall vote for ratification as now required by law in elections for members of the General Assembly, then said amendment s'1all become a part of Article 7, Section 7, Paragraph 1 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 bl', and the same arc, hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

JOURNAL OF THE SENATE,

The bill proposing an amendment to the Constitution, a roll call was ordered and the vote was as follow!'!:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, anc;l Smith of 35th.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Kaigler of Quitman:
House Bill No. 528.
A BILL
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 authorie Quitman County to issue Funding Bonds in an amount sufficient to refund, pay off, and retire all unpaid outstanding and existing warrant indebtedness of said County, including interest due and payable thereon in addition to that heretofore authorized by the Constitution and laws of Georgia, and to prohibit issuing deferred payment warrants in the future and to provide that said County shall be thereafter operated on a cash basis, and prohibit the issuance of checks on the depository unless sufficient funds are on deposit to pay the same at the time of the issuance thereof, and to provide the right in the governing authority to borrow money to supply casual deficiencies in revenue as authorized by this Constitution, to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they shall fall due, to provide that the funds raised by such additional bonded indebtedness shall be used exclusively for no purpose other than the payment of said unpaid warrant indebtedness and interest thereon, to provide that tax levies for lawful county purposes made in the year of 1941

TUESDAY, MARCH 18, 1941

841

and each year thereafter by the governing authority shall be legal with the express power in said governing authority to levy and collect taxes for lawful county purposes for the then current year for use all, or in part in the operation of said county for the ensuing year, and to p1ovide that no violation of this provision as to the conduct of the fiscal affairs of said County shall affect or impair the validity of said Funding Bonds, to provide that said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and othen,ise as may be fixed by the governing authority of said county, and to provide for the maturity of said bonds within thirty years from the date of issuance, and to provide for the validation of said Funding Bonds in the manner :Js i~ provided by law for the validation of original obligation bonds, and for the holding of a special election as in cases of original obligation bonds, 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. 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 paragraph in the following words and language, to-wit:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution Quitman County without restriction as to the seven per cent limitation of taxable value of property for bond purposes is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 Treawrer or Depository of said County on the date as determined by the governing authority of said County, said bonds to be known as 'Funding Bonds'."
In the exent the privilege granted herein is exercised by said County, s2ifl County and the governing authority thereof are prohibited from issuing w:-trrants and defened payment orders on the Treasury or Depository of said County, and said County shall thereafter be operated on a cash basis, so that all bms and claims chargeable to or against said County, or payable by the TrEr.:,urer of said County, shall be paid monthly or otherwise as may be determined by the governing authority of said County, 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 and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operatoin of said County for the ensuing year. No violation of any provision of this amendment as to conduct of the fiscal af-

842

JOURNAL OF THE SENATE,

fairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have such terms and provisiOns as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds mmt all mature within thirty years from date of issuance. Provision shall be made by t':le governing authority by ;-esolution for the assessment and collection of an annual tax suf-
ficient in amount to pay the principal and interest o: said Funding Bonds as
they respectively become due, and the proc:eeds of said bonds shall be used exclusively for the purpose of paying and r;:-tiring the warrant indC'htcdness and interest thereon of said County, as may be determined by the date set by the governing autha.rity of said County. Said Funding Bonds shall be issued under the authority hereof w;1en authorized by a special election, to be held in the manner prescribed by law for special elections as in the case of original obligation bonds. Said Funding Bonds shall not be issued without the as:-ent of two-thirds of the qualified voters of Quitman County, voting at said special election ~or that purpose, to be held as prescribed by law, and provided further that said two-thirds so voting at said special election s:1all be a majority of the registend voters of said Count~. If the requisite b\o-thirds of the qualified voters of Quitman County voting at said special election for said Funding Bonds, and the two-thirds so voting are a majority of the registerC'd voters thereof, then the governing authority of Quitman County shall have the authority to issue said Funding Bonds, and said Funding Bonds shall be general obligation of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obli.S!;ation bonds.
Section 2. When said amendment is agreed to by tvo-t~1inls vote of the members of each house with the "ayes" and "nays" thereon, it shall be published in one or more newspapers in each CongTe~sional 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 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 Quitman County to issue Funding Bonds to refund its outstanding warrant indebtedness", and all persons opposed to the adoption o: said amendment shall have written or printed on their ballots "Against ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing Quitman County to i~sue Funding Bonds to refund its outstanding warrant indebtetlness", and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thcreof, as provided by law, the result shall be consolidated as required by law in election :or members of the General Assembly, the said amC'ndment shall become part of Article 7, Section 7, Paragraph 1, of thP Constitution of the State and the Governor shall mak(! a proclamation thereof as pro-

TUESDAY, ;MARCH 18, 1941

843

vided by law.
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:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smit~ of 35th.

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

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

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

By Mr. Fuller of Toombs:
House Bill No. 533.
A BILL
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Vidalia to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon
due and unpaid as o: July 1, 1941, and which becomes due up to and including
July 1, 194:1; 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 July 1, 1941, or which may become due up to and including July 1, 1943; to provide for the sub-

844

JOURNAL OF THE SENATE,

mission of the amendment for ratification by the people, and for other purposes.
Section 1. Be it enacted by the General Assembly of Ge:Jrgia:

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 City of Vidalia may issue refunding serial bonds not in ~xcess of the aggregate sum of $30,000.00, thirty-thousand dollars, for the purposes of refunding and retiring any bonded indebtedness and interest thereon of said City of Vidalia outstanding, due and unpaid on July 1, 1D41, and any bonded indebtedness and interest thereon of said City outstanding and which become due up to and including July 1, 1D43, and provide for the assessment and collection of any annual tax, sufficient in amount to pay the principal and interest of said refunding bonds so issued by the City of Vidalia to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1D41, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1D43. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Vidalia charged with the duty of managing its corporate affairs, and shall be validated as provided by law."
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon recorded in their respective journals, it shall be submitted to the people in an election, the results thereof declared and proclaimed, all as provided in the Act approved March 24, 1D39 (Georgia law 1939, page 305).
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which \Vas 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:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch

J.:.qq~nua
Dorsey Drake Edenfield Edwards Fortson Franklin Gross Guyton Hamilton

Harrison Hill Holt Kiker Kirkland Lanier Martin Mason McGehee Milhollin

TUESDAY, MARCH 18, 1941

845

:vrosley Odom Pilcher Ragan

Rowland Smith, 24th Steed Striplin

Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Ylims of Miller:
House Bill No. 534.
A BILL
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 Miller County by vote of its fiscal authority to issue wanant Funding Bonds sufficient in amount to pay off and retire the designated warrant inclebtedne~s of said County; to provide that in the event such wanant indebtedness is paid off and retired that said County shall thereafter operate on a stlictly 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 Treasurer or County Depository, 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 bor.ds shali be authorized, validated and issued; to require the fiscal authority of ~aid County to make provision for paying off and retiring said bond~; to pro;ide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide that neither this Act nor any provision thereof shall be construed as either impairing, or inva]i,Iating, or affecting the collectability of any taxes due said County for the year 1940, or any year or years prior thereto; to authorize the Ordinary of said County or other county authority empowered to levy taxes in said County, to fix and make a tax levy for the year 1941, and for any year subsequent thereto, for the purpose of paying, in whole or in part, all the expenses of said County for both County purposes and current expenses for the current year for which the levy is being fixed and made and the year succeeding said year, in which said levy is being fixed and made; to provide that said County authority shall have the power herein conferred regardless of whether the County has cash on hand or regardless of whether there arc any warrants outstanding against said County at the time of making the various levies herein authorized, and to provide that said County authority in fixing the various tax levies herein provided shall not exceed the limit now or hereafter prescribed by law; to provide for the submission of this amendment for n1.t!:fjcation or ~El,

846

JOURNAL OF THE SENATE,

jection 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:
Section 1. 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 sub-paragraph in the following words and language, to-wit:
"Provided, however, that in addition to the bonded indebtPdnl'S~ now or hereafter authorized by this Constitution, and without restriction as to the 7 '/r (seven per cent) limitation of taxable values of property for bond purposes, Miller County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off and retire the unpaid, outstanding and existing wanant indebtedness cf ~aid county, including interest due or payable thereon, as the same appears of record in the office of the Treasurer or exofficio Treasurer or the Clerk of the Board of Commissioners and the County Depository o.i said County on the date as determined by the Board of Con:missioners of Roads and Revenues of said County, w~ich date shall be not less than ten days and not more than thirty days next after the date of the proclamation of the Govemor declaring this amendment ratified; said bonds to be known and designated as 'Warrant Funding 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 prohibite~l from issuing warrants and deferred payment orders on the Treasury or f:ounty Depository of said County, and said County shall thereafter be operated on a C'lSh basis so that all bills and claims chargeable to or against said County or p.iy~J,le by the Treasury or County depository of said County shall be paid monthly l>r otll.erwise as determined by the goveming 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 der;o~it sufficient to immediately pay same and all ot~er checks then outstanding, and all such checks to be signed by the Chairman of said Board and at least two other County Commissioners or the Ordinary of said County (if there be no County Commissioners in said County); with the right in said Board or equivalent county authority to borrow money to s~1pply casual deficiencies in revenue as heretofore a'Jthorized 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 o:ficers and departments of said County, other than the sc:1ools, and t:1e courts thereof and expenses of courts; any existing provision of thi:; Constitution of any law, rule, or resolution of any other board, commission or authority to the contrary not,,ithstanding. No violation of any provision of this amendment as to the conduct after the determined date aforesaid of the fiscal a:fairs of said County shall in any wise affect or impair tre validity of said Warrant Funding Bonds. Said Funding 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

TUESDAY, MARCH 18, 1941

847

all mature within thirty years from date of issuance. Provisions 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 be principal and interest of said warrant funding 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 funding bonds shall be issmd under authority hereon only when authorized by a vote and resolution of the Board of Commissioners of Road,; and Revenues of Miller County, but without t\e necessity of an election as in the case of original obligation bonds, and said Warrant Funding- Bonds s~all then be validated in the manner and under the procedure in accordance with this amendment, as is provide~: by Ia'' for the validation of original obligation bonds; provided, however, that, neither this Act nor any of the provisions thereof, shall be construed as either impairing, or invalidating, or affecting the collectability of, any taxes clue said Count:: for the year 1940, or any year or years prior thereto; proviclecl furth(r that the Ordinary of said County or other County authority empowered to levy taxes in said County, s'Jall have authority to fix and make a tax levy for the year 1941 and for any year subsequent thereto, for the purpose of paying, in whole, or in part, all the expenses of said County for both count:: purposes and CU!Tent expenses for the current yl:ar in which the levy is being ~ixed and made and for the year su~cee:ling said year in which said levy is being fixed and made; and said County aut'1ority shall have the authority herein conferred in this section rega1 clless of whether the county has cash on hand or regardless of "hether there <Jre any warrants outstanding against said County at the time of t!:e :fixing and making of t:1e various tax levies herein authorized, provided, however, saicl County authority in exercising the authority herein conferred in reference to fixing the said various tax levies shall not exceed the limit now or hereafter prescribed by law."
Section 2. Be it further enact~d b:.' be authority aforesaid, that when said amendment shali be agTeecl to by two thirds vote o: the members of each Hom:e, with the "ayes" and "nays" thereon, the Governor is hereby directed to have this proposal publisi:l:cl in one or more newspapers in each Congressional District in this State for two months previous to the time fur holding the next General Election at which proposed amendments to the Constitution of this State may be voted on, and shall at s:1id election be submitted to the people for ratification or rejection. All persons voting at said election in favor of adopting the said prG)JOsecl amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of aml:ndment to Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize 2\'Iiller County to issue warrant funclinp: bonds, and for other purposes." And all persons opposed to the adoption of sai,: amendment shall have written or printed on their ballots the words,. "Against ratification of amendmnt of Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Miller County to issue warrant funding 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

848

JOURNAL OF THE SENATE,

Assembly, then said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall :nake proclamation therefor as provided by law.
Section 3. Any section, clause, paragraph or sentence in this Act held unconstitutional or invalid, for any reason, by court of competent jurisdiction shall not affect the validity of the other sections of this Act.
Section 4. 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:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin ::\fa s o n

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

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

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

By Mr. Fuller of Toombs:
House Bill No. 561. 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 Johnson Corner School District, of Toombs County, 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

TUESDAY, MARCH 18, 1941

849

existing bonded indebtedness and interest thereon due and unpaid as of November 1, 1940, and which becomes due up to and including November 1, 1940, 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 November 1, 1940; to provide the term !I of their issue, and 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 Johnson Corner School District of Toombs County, may issue refunding bonds not in execs~ of the aggregate sum of $11,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, due and unpaid on November 1, 1B40, and any bonded indebtec:ne~s and interccst t~ereon of said School District outstanding and which becomes due up to and including November 1, 1940, and provided for the assessment and colleetion 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 Johnson Corner School District, of Toombs County, to be un~c: exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of November 1, 1940. Said Funding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Johnson Corner School District, and s:1all be validated as provided by law."
Section 2. Be it further enacted by the authority aforesaid, that when aid amendment slall be agreed to by a t.vo-thirds vote of the members of each House, with t'lc: "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 n~xt general election, at which proposed amendments to the Constitution of this State may be voted on, ~ame 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 amkndment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing Johnson Corner School District, of Toombs County, to iEsue 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 Johnson Corner School District, of Toombs C'ounty, to issue re:unding bonds". And if a majority of the electors qualified to vote for members of the Gen~ral Assembly, voting- thereon, s11all vet:: for ratification therco:, when 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

850

JOURNAL OF THE SENATE,

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:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall
Wha~ey

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

By unanimous consent, the verification of the roll call was dispen<;ed with.

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

The bill, having received the requisite constitutional tw:>-t'tirds majority, was passed.

By Messrs. Weaver, Bloodworth and Grice of Bibb:
House Bill No. 616.
A BILL
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georg-ia, so as to authorize Bibb County to make temporary loans between January 1 and December 31 of each year to be paid out of the revenues received by that County in that year, and to provide for the amount of said loans; and to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize Bibb County to issue notes or cLbt certificate's from time to time in aggregate amounts not exceeding one hundred fifty thou~and ($150,000.00) dollars, for the purpose of appropriating money and !Jroviding property for the State of Georgia or for the United States of America for the purposes of local, state or national defense.

TUESDAY, MARCH 18, 1941

851

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, hall be further amended by adding at the end thereof new paragraphs in the following words, to-wit:
"And except e1at Bibb County, in addition to the debts hereinabove allowed, may make temporary loans between Jan;Jary 1 and December 31 of each year, to be paid out of the revenues received by the County in that year; said loans to be evidenced by promissory notes signed by the Chairman of the County Commissioners of Bibb County, the Treasurer of Bibb County, and attested by the Clerk of the County Commissioners, and previously authorized by resolution approved by majority vote of the Board of County Commissioners in Bibb County, at a regular meeting or special meeting called for that particular purpose, and entered on the minutes of the Board of County Commissioners. The aggregate amount of said loans outstanding at any one time shall not exceed 50 per cent of the total gross receipts of Bibb County 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 by virtue of this authority have been paid in full, provided, the failure to pay said loans out of the revenue received by the County in the year the loan is made shall not affect the obligation of the County to pay the same."
"And except also that Bibb County, by a majority vote of the Board of County Commissioners of said County, may issue notes or debt certificates from time to time in aggregate amounts not exceeding one hundred fifty thousand ( $150,000.00) dollars, for the specific p::rpose hereinafter exprcsstd. The said notes or debt certificates shall be executed by the Chairman of t~e Board of County Commio:sioners, the Treasurer of Bibb County, and attested by the Clerk of the Board of County Commissioners. Such notes or debt certificates may be issued in such denomination, bearing such interest, and falling due at such times as a Board of County Commissioners by a majority vote thereof may from time to time fix and determine, but shall not mature later than five y:::ars ;rom the date of t'1eir respective i~sues. The specific purpose of loans authorized hereunder shall be for the appropriating of money, or for leasing, lending, selling or donating property, or lending credit to the State of Georgia, or the United States of America, for purposes of local, state, or national defense. Any fund~ borrowed by virtue of this authority may be directly so used, or given in payment for the lease or purchase of property so to be used."
Section 2. Be it further enacted by the authority aforesaid, that when ~aid amendments shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon and published in one or more newspapers in each CongTessional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, the amendments shall, at general election, be submitted ~eparately to the people for ratification.
All persons voting at said election in favor of adopting said proposed amendment to the Constitution authorizing Bibb County to make temporary

852

JOURNAL OF THE SENATE,

loans, shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Bibb County to make temporary loans", and all persons opposed to t;1e adoption of said amendment authorizing Bibb County to make temporary loans shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution, authorizing Bibb County to make temporary loans", and if a majority of electors qualified to vote for members of the General Assembly voling thereon, shall vote for rati:Zication thereof, when the result shall be consolidated, as now required by law in elections for members of t:1e General As><embly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of the State and the Gonrnor shall make a proclamation thereof as pl'ovided by law, and Bibb County, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amen;2ment.

All persons voting at said election in favor of adopting said proposed amendment to th~ Constitution authorizing Bibb County from time to time to issue notes or debt certificates in aggregate amounts not exceeding one hundred fifty thousand ($150,000.00) dollars for defense purpo"es shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authotizing Bibb County to issue notes or debt certificates for defense purposes", and all persons opposed to adoption of said amendment authorizing Bibb County to issue mch notes or debt c:>tificate'> shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, of the Constitution, authorizing Bibb County to issue notes or debt certi:icates for defense purposes", and if a majority of electots qualified to vote for mcmbers of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in election3 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 thereof, as provided by law, and Bibb County, without further leg-islation, authority or vote t~an that provid~ cl herein, shall be authorize:! to perform the act or acts embraced in s~1ch amendment.

Section 3. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict here\\ ith, shall be, and 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 ca!l was ordered and the vote was as follows:

Those voting in the afiirmative were Senators:

Adams Almand Bargeron

Bland Burnside Campbell

Cannon Clark Coker

TUESDAY, MARCH 18, 1941

853

Couch Daughtry Dorsey DrakP Edenfield Edwards Fortson Franklin Gross Guyton Hamilton

Harrison Hill Holt Kiker Kirkland Lanier Martin Mason McGehee :vlilhollin Mosley

Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

By unanimous consent, the veri:i'ication of the roll call was dispensed with.

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

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

By Mr. Bennett of Jeff Davis:
House Bill No. 640.
AN ACT
To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Parag'!'aph 1, of the Constitution of Georgia, so as to authorize Jeff Davis County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufiicient in amount to pay off and retire the designated warrant indebtedness of said 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 orit?rs payable in the future; to provide a penalty for violating the terms of this Act; 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 o: the various officers and departments of said County other than the Courts thereof; to legalize tax levies and to authorize the levy and the collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 thl' proceeds of said bonds shall be used exclusively for paying off and retiring a de~;ignated warrant indebtedness; to provide for the submission of this amendment for ratification or rejection by the people, and for other purposes.

Be it enacted by the General Assembly of the State of Georgi-a, and it is hereby enacted by authority of same:

854

JOURNAL OF THE SENATE,

Section 1. 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 paragraph in the following words and language, to-wit:

Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Jeff Davis County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay of!', and retire all unpaid, outstanding and existing warrant indebtedness of said County, including interest du:: or payable thereon, on the date as determined by the govel'l1ing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds".

In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warr~nts and deferred r;ayment 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 a~ainst said County or payable by the Treasury of said County shall be paid mont.hly. or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; r.o such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Treasurer of said County; any such Chief Executive Officer issuing, or any such Treasurer <;ountersigning and deliveting any check whete there are insufficient funds on deposit sufficient to immediately pay same, and all other then outstanding checks, shall be guilty of a misdemeanor and shall be subject to removal from Office by writ o:i mandamus; with the right in said governing autaority 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 expenses of courts; any existing provision of this Constitution or any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. All tax levies for lawful County purposes heretofore made and made in the year 1941, and in each year theteafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fical affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.

TUESDAY, MARCH 18, 1941

855

Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that ~aid bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectivdy become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon o::' said County, as may be determined by the date set by the governing authorit~ of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Jeff Davis County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by Jaw 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 ths State ior 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 Jeff Davis County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes"; and all persons opposed to the adoption of said amendment shali have written or printed on their ballots the words, "Against ratification of amendment to Article 7, Section 7, ParagTaph 1 of the Constitution, so as to authorize Jeff Davis County to issue Funding Bonds, thereafter to operate on a cash basis, and for othE'r 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 Jaw, when the result shall be consolidated as now required by Jaw in elections for members of the General Assembly, then said amendment shall become a part of Article 7, Section 7, Para.e:raph 1 of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by Jaw.
Section 3. Be it further enacted, that all Jaws or parts of Jaws, 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:

856

JOURNAL OF THE SENATE,

Adam:; Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Hanison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee :;viilhollin Mosley OdoH1 Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whal<>y

Not voting were Scnators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and SmiC1 of :l5th.

By unanimous consent. the verification of the roll call was disp<>nsed with.

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

The bill, having received the requi~ite constitutional two-thirds majority, was passed.

By Mr. Brook:- of Oglethorpe:
House Bill No. ()46.
A BILL
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 Crawford to incur a bonded inde-btedness in addition to that heretofore authorized by the Constitution and laws of Ceorgia for the purpofes of refunding and retiring its existing bonded indPbteclness and interest therPon due and unpaid as of January 1, 1D41, and which become:- clue up to and including January 1, 1D50; 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, 1D41, and which may become clue up to and including January 1, 1950; to provide for the submission of the amendment for ratification by the people, and for other purpose~
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, .:hich has heretofore been amended shall be furthe-r amended by adding at the end thereof a new paragraph in the follo\\ing words, to-wit: "And except that the City of Crawford may issut refunding serial bonds nat in excess of the aggregate sum of $38,000.00, for the purpose of refunding and retiring any bonded indebtPclness and interest thereon of said City outstanding, due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and

TUESDAY, MARCH 18, 1941

851

which become~ clue up to and including .January 1, 1950, 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 fall due; the proceeds oi all such refunding bonds so is~ued by the City of Crawford to be used exclusively for the purpo~e of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding- and which becomes due up to and including January 1, 1950. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Crawford charged with the duty of managing it~ corporate affairs, 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 tVI'o-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 b the Constitution of this State may be voted on, same 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 hav-e written or printed on their ballots the words, "For ratificaticn of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Crawford to issue refunding bonds"; and all persons oppcsed to the adopting of said amendment shall have written or printed on t!leir ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Crawford to issue refunding bonds". And if a majority of the electors qualified to vote for member~ of the General Assembly voting thereon shall vote for ratification thereof, when b.e result shall be consolidated as now required by law in election for members of the G2ncral As~cmbly, the said amendment shall become a pa1t of Artic!c 7, Section 7, Paragraph 1 o! the Constitution of the State, and the Governor slmll make a proclamation therefor, as provided by law.

Section 3. All law!-< 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 agTeed 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:

Adams Almand Bargeron Bland Burnside Campbell

Cannon Clark Coker Couch Daughtry Dorsey

Drake Edenfield Edwards Fortson Franklin Gross

858

JOURNAL OF THE SENATE,

Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier

Martin Mason :vicGehee Milhollin Mosley Odom Pilcher Ragan

Rowland Smith, 24th Steed Striplin Sumner Wall W!-Jaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.

By Mr. Bennett of Jeff Davis:

House Bill No. 667.

A BILL

An Act to propose to the qualified vot~rs of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize Excelsior Consolidated School District of Jeff Davis 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 oi April 1, 1941, and any bonded indebtedness due up to and including April 1, 1953; to proviJ.c that the funds raised from such additional bonded indebtedness ~hali be exclusively used for the retirement of said bonded indebtedness due and unpaid on April 1, 1941, and any bonded indebtedness which becomes due up to and including April 1, 1953; 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 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 am2nded shall be further amended by adding at the end thereof a new paragraph, in the following words, to-wit:

"And except that the Excelsior Consolidated School District, of Jeff Davis County, Georgia, may issue refunding bonds, not in excess of the sum of $24,000.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said Excelsior Consolidated School District, past due and unpaid on April 1, 1941, and any bonded indebtedness of said School District outstanding and which becomes due up to and including April 1, 1953, and to provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest on said bonds as they fall due; the proceeds of all such refunding bonds so issued by said Excelsior Consolidated

TUESDAY, MARCH 18, 1941

859

School District to be used exclusively for the purpose of retiring said bonded indebtedness and interest thereon that is due and unpaid as of April 1, 1941, and any outstanding bonded indebtedness which becomes due up to and including April 1, 1953. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Excelsior Consolidated School District of Jeff Davis County, 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 ne\\'spaper in each Congre~sional District in this State for two months previous to the time for hol:ling 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 said proposed amendment 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 Excelsior Consolidated School District, of Jeff Davis County, Georgia, to issue refunding bonds"; and all persons opposed to the adoption of this said amendment shall have written or p1inted on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution, authorizing Excelsior Consolidated School District, of Jeff Dav1s 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 Geneml 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 proclamation thereof, as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repeaicd.

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:

Adams Almand Bargeron Bland Burnside Campbell Cannon Coker Couch Daughtry

Dorsey Drake Edenfield Edwards Fortson Franklin Gross Guyton Hamilton Hanison

Hill Holt Kiker Kirkland Lanier Martin
Ma~on
McGehee Milhollin Mosley

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JOURNAL OF THE SENATE,

Odom Pilcher Ragan

Rowland Smith, 24th Striplin

Sumner Wall whaley

Not voting were Senator~: Barnhill, Bradley, Clark, Coxon, Dobbs, Foster, Garner, Hou;;ton, Lewallen, Park, Smith of 35th, and Steed.

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

On the pas;;age of the bill, the ayes were 3(), nays 0.

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

By Messrs. Brooks and Hand of Mitchell:
House Bill No. 702.
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 Yiitchell County to make temporary loans; to the limit of the aggregate amount of said loans outstanding at any one time; to provide for the method of making ;;uch 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 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to-wit:
"And exce-pt that in addition to debts hereinbefore permitted, the Board of Education of Mitchell 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 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 first of any year until all previou;; loans have been paid and no new Joan shall be made which will bring the aggregate of loans hereunder outstanding at the time ;;uch new loan is made to an amount in excess of the balance of the income that the Board of Education may be or become ntitled to receive from the state appropriation in the fiscal year in which any such Joan is made, and the balance that the Board of Education may be or become entitled to receive from taxes in the calendar year in 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 of 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 o[ the members elected to each each House, it shall be entered upon the Journal of each House, with the

TUESDAY, :MARCH 18, 1941

861

"ayes" and "nayes" thereon, and published in one or more newspapers in the Congressional District, in this state for two months previous to the time for holding t}le n~xt General Election, and shall, at the next General Election, be wbmitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have \Hitten or printed on their ballots the words "for ratification" of amendment to Article 7, Section 7, Paragraph 1 of t:1e Constitution authorizing the Board of Education of Mitch"II 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 Mitchell County to make temporary loans"; and if a majority of the electors qualified to vote for ratification thereof, when the results shall be consolidated as now required by law in 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 i:l. 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:

Tho<'e voting in the af:i'irmative were Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Fortson Franklin Gross
G~1yton
Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason McGehee

"Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Edwards, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

On the passage of the bill, the ayes were 40, nays 0.

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

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JOURNAL OF THE SENATE,

was passed.
By Mr. Brooks of Oglethorpe:
House Bill No. 725.
A BILL
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 au-
thorize the City of Crawford to issue bonds for the purpose of funding and I or
refunding and retiring any or all of its bonded indebtedness at any time outstanding, including interest thereon, provided that the indebtedness evidenced by such refunding bonds shall not be in excess of the amount of indebtedness municipalities are now authorized to incur, to provide for the exchange or sale o:i such refunding bonds, provided that the proceeds thereof, in the event such refunding bonds are sold, shall be used exclusively and for no other purpose than for the retirement of said bonded indebtedness and interest thereon, and to provide for the payment of the principal and interest of such bonds, and to provide that the governing body of the City of Crawford may, without a vote of people, aut~orize the issuance of such re::'unding bonds, and to provide for the submis~ion of this amend !'Dent 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 fu1ther amended by adding at t~e end thereof a new paragraph in the following won1s, to-wit: "And except that t!le City of Cra'vford in Oglethorpe County, Georgia, may issue its serial refr nding bonds for the purpose of funding and I or refunding any or all of the bond~d indebtedness of said City of Crawford at any time outstanding, including interest thereon due
and I or about to become due whether or not represented by coupons or inter-
est certi:'icatcs; provided, however, that the aggregate' principal amount of sucl-1 refun:ling bonds shall not exceed the aggregate amount of principal and
inte1:est to be refunded and I or fnnded, and shall not in any event exceed the
amount of indebtedness municipalities are now authorized to incur. SP~h refunding bonds may be issued in exchang~ for a like principal amount of such bonded indebtednc~s and interest thereon as above provided, or they may be sold, in which event the entire proceeds thereof shall be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest. Refunding bonds herein authorized stall be issu:~d only w}1en authorized by a vote of the governing body of the City of C1awford and shall be validated as provided in Section 87-310 of the Code o~ Georgia of 1933. The full faith, credit and taxing power of the Cit;; oi Crawford shall be irrevocably pledged to the payment of suc:1 refunding bonds, and the governing body of th~ City shall provide for the levy and collection of an annual tax upon all property subject to taxation sufficient in amount to pay the principal of and interest on such refunding bonds as the same may become> due and payable, which tax shall be sufficient for such purposes and in addition to all other taxes authorized by law to be levied and collected by said City. Refunding bonds issued by the City of

TUESDAY, MARCH 18, 1941

868

Crawford as authorized hereunder, to refund or fund bonded indebtedness of said City origina!ly incurred to finance or to aid in financing the construction of its waterworks system, may be additionally secured by a pledge bf the net revenues l!erivcd from the operation of such waterworks system remaining after the payment only of the reasonable and proper expenses of operation and maintenance thereof; and the City may covenant with the bondholder to establish and collect suc:1 uniform rates and charges for the services of its waterworks system as will produce gross revenues sufficient in amount to pay the current expenses of operation and maintenance thereof and the principal of and interest on such refunding bonds as the same may become due and to establish a reasonable reserve therefor; provided that the tax hereinbefore authorized and required may be reduced in amount to the extent only that such revenues shall be pledged and available for the payment of the principal of and interest on such refunding 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 Congres3ional District in this State for two months previous to the time for holding the next general election at which proposed amendments to t!le Constitution of this State may be voted on, and this proposal 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 City of Craw ford to issue refunding bonds"; and all persons opposed to the adopting of said amen~!ment shall have written or printed on their ballots the words, "Against rati:7ication of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Crawford to issue refunding bonds." And if a majority of the el~ctors qualified to vote for members of the General Assembly, voting t:1ereon, 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 a;nendment 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 committee offered the following substitute which was adopted:

A BILL
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 Craw1ord School District. of O~lethorpf' County, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpoEe of refunding and retiring its existing bonded indebtedness and interest thereon past due up to

864

JOURNAL OF THE SENATE,

and including January 1, 1952; to provide that t~1e funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon, past due an:! unpaid on July 1, 1939, or which may become due up to and including January 1, 1952; 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 follolll'ing words, to-wit:
"And except that Crawford School District, of Oglethorpe County, may issue refunding bonds not in excess of the aggregate sum of $17,500.00, for the purpose of refunding and retiring the bonded indebtedness and interest thereon of said School District outstanding, past clue and unpaid on July 1, 1939, and any bonded indebtedness and interest thereon of said School District outstanding and w.!->ich becomes due up to and includin.!?: January 1, 1952, and provided for the asse~sment and collection of annual tax, sufficient in amount to pay the principal and interest of said bonds as they fa!! due; the proceeds of all such reZunding bonds so issued by Cra.vford Sc:10ol District, Oglethorpe County, to be used exclusively for the purpose of paying and retiring said bonded indebtcdn:~ss and interest thereon past due and unpaid as of July 1, 1939, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 19C>2. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustlecs of Crawford School Districts, and shall he validated as provided by law."
Section 2. Be it furt!'ler enacted b;; the authority aforesaid, that whe~ said amendment shall be agreed to by a two-thirds vote o:!' the members of each house, with the "aye~ and "nays'" ther.:on, and published in one or more newspapers in each Congressional District in this State :;."or 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, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing Crawford School District, of Oglethorpe County, to issue l'cfunding bonds;" and all persons opposed to t:1e adopting of said amendment shall have \Hittcn or printed on their ballots the words, "Against ratification uf amendment of Article 7, Section 7, Paragraph 1 of the Constitution, authori7.ing the Crawford School District, of Oglethorpe County, to issue refunding hor.d~". And if a majority of the electors qualified to vote for members of the General AssQmbly, voting thereon, shall vote for ratification t!'leteof, when the result shall he consolidated as now required by law in election for member;, 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

TUESDAY, MARCH 18, 1941

865

Governor shall make a proclamation therefor, as provided by law.

Section 3. It is cxp:essly enacted t:-.at the Crawford School District

herein :1:cntioned be and the same consists of the same m, a and has the same

boundaries as the original Cnndord School Di~trict which issued the bonds

now outstanding.

~!

Section -!. All laws and parts of laws m conflict herewith are hereby repeaL d.

The report of the committe, which was favorable to the passage of the bill by substitute, wa~ 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:

Adams Almand Bargeron B!and Burnside Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton
Harrsi~
Hill Kiker Kirkland :Vlartin :\1ason McGehee

Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner \Vall Whaley

1'\ot voting w t'e Senators: Bam hill, Bradle;.-, Campbell, Coxon, Dobbs, Foster, Gamet, Holt, }:ouston, Lanier, Lewallen, Park, and Smith of 35th.

By unanimou~ consent, t'c verification of the roll call was dispensed with.

On the passage of the bill, the ayes ";ere 38, nays 0.

The bill, r.aving receiv~d the requisite constitutional two-thirds majority, was passed by substitute.

By Mr. Brooks of Oglethorpe:

Hou~e :Oill :\'o. 7:2G.
A BILL
To be :.ntitlcd an Act to propose to the q:.~alified voters of Georgia an amendment to Artide 7. Section 7, ParagTaph 1 of the Constitution of Geor;.~:ta, so as to authoriz~ Le city o _ Lexington to issue bonds for the purpose of funding and or rdunding and retiiin~ any or all of its bon:led indebtedn<>ss at <:ny time outstanding, including inter,st t 1.ereon, nrovided that the indebtedJlc'~s evidenced by such n:\mding bonds shall not be in <.'Xcess of the amount r,f indebtedness municipalitie::: are 110\\ aut:.orizcd to incur, to provide for the

866

JOURNAL OF THE SENATE,

Pxchange or sale of such refunding bonds, provided that the proceeds thereof, in the event such refunding bonds are sold, shall be used exclusively and for no other purpose than for the retirement of said bonded indebtedness and interest of such bonds, and to provide that the governing body of the City of Lexington may, without a vote of people, authorize the issuance of such refunding bonds, and to provide for the submission of this amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General 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 Lexington in Oglethorpe County, Georgia, may issue its serial refunding bonds for
the purpo!e of funding and I or refunding any or all of the bonded indebted-
ness of said City of Lexington at any time outstanding, including interest
thereon due and I or about to become due whether or not represented by
coupons or interest certificates; provided, however, that the aggregate principal amount of such refunding bonds shall not exceed t)Je aggregate amount of principal and interest to be refunded and ! or funded, ancl shall not in any event exceed the amount cf indebtedne~s municipalities are now authorized to incur. Such refunding bonds may be issued in exchange for a like principal amount o:Z such bonded indebt~dness and interest thereon as above provided, or they ma:: be sold, in which event the entire proceeds thereof sl,all be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest. Ref"nding bonds herein authorized ~:hall be issu::: on!~ when authorized by a vote of the governing body of the City of Lexington, and shall b2 validated as provided in Section 87-310 of the Code of Georgia of 1933. The full faith, credit and taxing power of the City of Lexington shall be irrevocably pledged to the payment of such refunding bonds, and the governing body of the city shall provide for the levy and collection of an annual tax upon all property subject to taxation sufficient in amo~nt to pay the principal of and interest on such refunding bonds as the same may become due and payable, whic'J tax shall be sufficient for such purposes and in addition to all other taxes authorized by law to be levied and collected by said City. Refunding bonds issued by the City of Lexington as authorized her2under, to refund or fun:! bonded indebtedness of said City originally incurred to finance or to aid in financing the construction of its waterworks system, may be additionally secured by a pledge of the net r2venues derived from the operation of such waterworks system remaining after the payment only of the reasonable and proper expenses of operation and maintenance thereof; and the City may covenant with the bondholder to establish and collect such uniform rates and charges for the services of its waterworks system as will produce gross revenues sufficient in amount to pay the current expenses of operation and maintenance thereof and the princinal of and interest on such rdunding bonds as the same may bQcome due and to establish a reasonable reserve therefor; provided that the tax hereinbefore authorized and rquired may be reducd in amount to the extent only that web revenues shall be pledged and available for the payment of the principal of and interest on such refunding bonds.

TUESDAY, MARCH 18, 1941

86'7

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 w;h the "ayes" and "nays" thereon, the Governor is hereby directed to have this proposal published in one or more ne,.;spapers 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 this proposal shall at said general election be submitted to the people for ratiiication. 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 Lexington 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, Pargraph 1 of the Constitution authorizing the City of Lexington 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 requhed 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 Governot 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 \\as as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin GroS'S Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin :v.J:osley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Gar-

868

JOURNAL OF THE SENATE,

ner, Houston, Lewallen, Park, and Smith of 35th.
By unanimous consent, the verifcation of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Brooks of Oglethorpe:
House Resolution No. 727.
A RESOLUTION To propose to the qualified voters of Georgia an amend;nent to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize Oglethorpe County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds su:ficient in amount to pay off and retire the designated warrant indebtedness of said County; to provide that in the event suc!1 "arrant indebtedness is paid off and rdired tr,at said County ~hall thereafter operate on a strictly cash basis and be prohibited from issuing .':arrants or orders payable in the future; to provide that the bills and claims of and against said Count:; and its Treasury ~ :u:ll be paid by check an 1 how such checks shall be execuLd; to legalize tax levies and to authorize the levy and collection of a tax in t:ce current year, ~or use, all or in part, for he operation of said Co!nty for the ensuing yea!; to provide how said bonds shall be au-
o: thorized, validated and issued; to require th~ fiscal authority said County
to make provision for paying off and retiring ~aid bonds within thirty years from their c!ate; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated wa"rant imLbtedness; to provide for the manner of t:1e validation of said bonds; to provide for the holding of a special election to determine \\ heth::r or not said bond_; shall be issued; to provide for the ~ubmis>ion of this amendment for ratification or rejection by the people, and for other purposes.
Be it enacted by the General Assembly of the State of Gecngia, and it is hereby enacted by autc1ority of same:
Section 1. T~at Article 7, Section 7, Paragrap'1 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amencLd by adding thereto a paragraph in the following "ords and langua.2:'' to-.vit:
"Provided, however, that in addition to the bonded indebtedness now or herea:-ter aut:1orized by this Constitution, am! without restriction as to the limitation of taxable values of property for bond purposes, Og'c:thorpe County is hereby authorized and empowered to iss~!e bonds sufficiEn~ in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, including inte!est du2 or payable thereon, as the sa;ue appear;; of record in the offic'' o~ the Clerk o_ said C'ounty on the date as determined by the governing authority of said County, which date shall be not earlier ban 10 days and not more than 60 days next after the date o.:: the proclamation of the Governor declaring this amendment ratified; said

TUESDAY, MARCH 18, 1941

869

bonds to hi.' knmvn and designated as "Funding Bonds."
In the ev(nt the privilege granted herein is exerci1;ed b~ said County after said date as so <:et;Tmined by said governing authority, said County and the goveming authority thereof are prohibitLd from issuing warrants and deferred payment orders on the Treasury or depository oi said County, and said County :-;hall t:wreafter be op~rated on a cash basis, so that all bills and claims chargeable to or a'.';"ainst said County or payable by the Treasury or depository of said County shall be paid monthly or otherwise as may be determine<~ by the g-ove!ning authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all othet then outstanding checks, all such checks to be signed by the Chief Executive officer of said governing authority, and countersig-n~d by the Clerk of said governing of said County, with the right in said governing authority to borrow money to supply casual deficiencie~ in revenue as heretofore authorized by the Constitution. All tax levies for !a \dul County purposes heretofore made and made in the year 1ll41 and in each year ther2after by the governing authority charged wit;1 the duty of mana.~ing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then cunent year for use all or in part in the operation o; said County for the next ensuing year. No violation of any pl'Ovision of thi~ amendment as to the conduct of the fiscal affairs of said County after ttte tlatt> determinul by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bond shall have such terms and prov1s1ons as to maturity, rate of interest, and otherwise as may be :ixed by the governing authority of said County, providt>d, howev,r, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authorit:; by resolution for the asscsssment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they re;;pectiv.ly bccomc due, and the proceeds of said bonds shall be used exclusively ~or the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set b.v the governing a:1thority of said County. Said Funding Bonds shall be isuNI under th:' authority hereof when authorized by a special election to be held in the manner prescribed by law for elections a;; in the case of original obligation bonds, ex~ept that said bonds may be issu .'d upon the assent of the majority of the qualified voters actually voting in raid sp:>cial election for that purpose. If a majority of the qualified votc1s of Oglethorpe County voting at saicl special PlPction vote for saicl Funding Bonds, then the governing authority of O,!.dethorpc County shall have the authority to issue said Funding Bon,:s, and saicl bonds s 1~all be general obligations of said County, and shall be va!idated in the manner as is provided by law for the validation of original obligation bonds.

870

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, the Governor is hereby directed to have this proposal publis)led in one or more newspapers in each Cong-ressional 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 t:1e people for ratification or rejection. All persons voting at said el<.>ction 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 authorizc> Oglethorpe County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Oglethotpe County to issue Funding Bonds, and thenafter to operate on a cas!'! basis, and for other purposes." And if a maJority of the electors qualified to vote for members of the General Asst:>mlily, voti11g tht'reon, shall vote for ratification thereof as provided by law, when the result shall be consolidated as now requirt:>d by law in elections for members of the General Assembly, then said amendment shall become a part of Article 7, Section 7, Paragrtlph 1 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 parb of laws, in conflict herewith be, and the same are, hereby repealed.

Senator Fortson of the 50th offered the following amendment, which was adopted:

Senator Fortson of the 50th movrs to amend House Bit! No. 727 by inserting between the words "governing" and "of'' in Section 1, Line 28, the word "authority"; so that the line when amended shall read "governing authority of said County, with the right in said governing authority to borrow".

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 ordert-d and the vote was as follows:

Those voting in the affirmative were Senators:

Adams

Couch

Almand

Daughtry

Bargeron

Dorsey

Bland

Drake

Bumside

Edenfield

Campbell

Edwards

Cannon

Fortson

Clark

Franklin

Coker

Gross

Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin

TUESDAY, MARCH 18, 1941

871

Mason McGehe(' Milhollin Mosley Odom

Pilcher Ragan Rowland Smith, 24th Steed

Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Le11 allen, Park, and Smith of 35th.

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

On the pa~sage of the bill, the ayes were 41, nays 0.

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

By Messrs. Welsch and Dorsey of Cobb:
House Resolution No. 72-421A.
A RESOLUTION
To pronos~ to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize Cobb County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay o:if and retire the designated warrant indebtedness of said County the aggregate sum not to exceed $150,000; to provide that in the event such warrant indebtedness is paid off and retired by such issuance 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 a pena'ty for violating the terms of this Act; to provide that the bills and claims of and against said County and its Treasury shall be paid by check and how Slcch checks shall be executed; to authorize the fiscal authority of said Count;-; to thereafter budget and limit the expenditures of the various officers and departments of said County other than the Courts thereof; to l~galize tax levies am! to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensning year; 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 oif and retiring a designated warrant indebtedness; to provide for the submission of this amendment for ratification or rejection by the people, to provide for terms and conditions of operation of amendment and of proclamation, 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. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amend-ed, shall be further amended by adding thereto a paragraph in the following words and language, to-wit:

Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the

872

.JOURt\AL OF THE SEKATE,

limitation oZ taxable value3 of property for bone] purpo~es. Cobb County is hereby authorizPd and empo\;er."d to iss.te bonds suffieient in a:110unt the aggregate sum not to exned $150,000 to refun:>, pay off, and retire a'l unpaid, outstanding and existing warrant indcbtPdness of said Count~. including interest due or payable tl'~ J'Pon, as t:--,p same appl'ars of rccord in the offi~c of the Treas~trPr of said County on the date as determined by t':-:e govnning authority of said County. \\hich date ~hall be not earlier than 10 days and not mon than GO da::s next a~ter the ::ate o.' th. p:oclamation of t 1e Governor declaring this amendnwnt ratified; said bonds to be knoi\ n and dl,;ignated as ''Funding Bonds".
In the event the privilege to issue as granted her. in is exercised by said County after said date as so determined by sai~i governing aut:;Jricy, said County and the goveming authority 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 lJ<Eis, so that all bills and claims chargeable to or against said County or payable by the T:easury of said County slwll bP paid monthly or otherwise as may bP Jeter:::ined by t>-,,~ governing authority of said County, by che~ks drawn on th. dppository or depositories holding the funds of said County, and in no other way; no such c:;ecks to bP issued and delivered unless funds an on deposit su: fi2ient to immediate!~. pay same and all other then outstanding checks, all such checks to be si.gnc:l by the Chief Executiw Officer of said governing authority, and couatersigned by the Treasurer of said County; any such ~'hief Executive OfficPJ' issuing, or any suc:1 Treasurer countersigning and delivering any check .-:hl'!'e thPre are insufficient funds on deposit su~ icient to immediatPly pay ,:amP, and all other then outstanding checks, shall be guilty of a misdP!lleanor and shall be subjPct to removal from office by writ of mandaml:s; with the ri1~ht in said governing authority to borrow money to sup;)!:: casual defici _ncies in revenue as heretofore authorized by this Ce>mtitution; \\ ith the furt1.,er right hereby vested in said Board or other equivalent fi,cal aut'-:ority to b::dg-et and limit the cost and expenditures of, th: various o;ficers and departments of said County, other than the schools, and thP courts t~Preof and ex!J::nses of courts; any existing provision of this Constitution of any law, rule, or rpsolution of any other board, com;nission or authority to the contrary notwithstanding. All tax levies for lawful County purposes hel'l'tofore madp and made in the year 1!l41, and in eac!l year thereafter b:: t:1e goveming authority charged with the duty of managing said Ccunty's affairs shall hP legal .-ith the express powPr and authority in said governing authority to ll'vy and collect taxes for lawful County purposes for the then current year for vse all or in part in the operation of said County for the next ensuing year. Ko violation of any provision of this amcndm~nt as to t:w condm t of the fi:cal affairs of said County after the daL determined by the goveming authorit:: for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.
Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and othP!'\\ isp as may be fixPd by the governing authority of said County, provided, however, that said bonds must all mature and be paid

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873

within thirty years from date of issuance. Provision shall he made by the governing authority by resolution for the assessnwnt and coll,ction of an annual tax s.1fficient in amount to pa:: t!.e principal and interest of said Funcling Bonds as they rcspectivl'!y become dLJe, and the procLcds of said bonds shall be usc d exdusivPiy for t:1l' purpose o~- paying and retiring the wararnt indebtedness and interest thereon of said County, as ::1ay be determined by t:1e date set by the go\erning authority of s.airl County. SaiJ F::nding B:mds shall be issued under the authority hercof _-;-,_ n authorized by a majority vote and resolution of thP gove1 ning authority of Cobb County, but without the necessity of an ekction as in the case of criginal obligation bonds of said County, and s:1all then be ,a'idated in the manner and under th~ procedure as is proviciNI by law for tre validation of original obligation bonds.
Section 1A. BP it fmtl'er enacted that no Fun::ing Bonds shall be issued unless a majority of the electors of Cobb County qualificd to vote members of the Ge1wral Ass2mbly, voting thereon, shall vote for the ratification of this amendment.
Section 2. Ee it f.1rthcr enacted by th. 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 Gov ~rnor is hereby directed to have his propo~al published in one or more newspapers in each CongTessional District in this State for two months previous to the time for holding the next gen. raJ elc ction 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 rati.ication or rejection. All persons votin5(' at said election in favor of adopting- thP saH! proposed amenclm,nt to the Constitution s:1all have written or printed on tJ-:eir ballots the word~, "For ratification of amendment to Article 7, Scction 7, ParagTaph 1 of the Constitution, so as to authorize Cobb County to issue Fundin_g Bonds, and thereafter to ope1ate on a cash basis, and for other pu' poses"; and all persons oppos,d to the adoption of said amendment sha'l han \nittPn or printed on their ballots t.1e words, "Ag-ainst ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Cobb County to iss~1e Funding Bonds, thereafter, to op:>rate on a ca~h basis, and for oth.r purposes." And i: a majmity of the electors qualified to votP for mPmbers of the General Assembly, voting thereon, shall vote for ratification th~reof as provided by law, \\nen the result shall be consolidatPd as now rew:ired by law in elections for members of the General Assembly, then said amen:lment shall beco:1:e a part of Article 7, Section 7, Paragrap'-1 1 of the Constitution of t~e State oi Georgia. and the Governor shall make proclamation there, or as proYicled by law, but, only if this amendment receivccl the majority of votes as specified in Section lA hereof.
Section :l. :3P it fmthPr enacted, that all laws or parts of laws, in conflict her. with lw, and the same arc, hereby repealed.
The report of the committee, which was favorable to the adoption of the rc.;olution, was agreed to.
The re8olution proposing an anHnclment to the Constitution, a roll call

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JOURNAL OF THE SENATE,

was ordered and the vote was as follows: Those voting in the affirmative were Senators:

Adams Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield Edwards

Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason McGehee

:\'lilhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Almand, Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By Messrs. Williams and Bates of Ware:

House Resolution No. 84-491A.
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Pa1agraph 1 of t;1e Constitution of Georgia, as now amended, so as to provide for allowing the City of Waycross in 'Vare County, Georgia, to incur an indebtedness, in addition to and separate from the amounts of debts heretofore allowed under said paragraph under certain circumstances, for the purpose of making additions to and improvements in the existing water works system of said City of Waycross and all appurtenances thereto, to authorize and empower said City of 'Vaycross to combine, maintain and operate its existing plant and system and the betterments, improvements and additions thereto as one undertaking; to authorize said municipality solely upon a majority vote of the Commission of said City of Waycross to finance said undertakings by the issuance from time to time of interest bearing evidences of indebtedness in the aggregate not to exceed the sum of $150,000.00 principal in the form of revenue anticipation certificates according to the plan, procedure, form and remedies upon defau!t, provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the "Revenue Certificate Law of 19:17" (Georgia Laws of 1937, pages 761 et seq.) and as amended; to provide that payment of said certificates when and as issued shall be made

TUESDAY, MARCH 18, 1941

875

solely out of income derived from the operation of said water-works as now constructed and ag may be extend:!d and enlarged, all as provided in said act and amendments thereof, and as completely as though said undertakings were an original and new venture instead of co-mingling of existing facilities and appurtenances and extensions and enlargements thereof and additions thereto; to provide that said certificate~< when issued shall not be payable from or charged upon any fund~< other ban the revenue pledged to the payment thereof and said municipality shall not be subject to any other pecuniary liability therron, whatgoever; to provide for publication and submission; and for other purposes.
Be it resolvC'd by the General Asgembly of the State of Georgia, and it is herC'by resolved by authority of the same:
Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of GC'orgia, 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 the City of Waycross in Wate County, Georgia, may incur an indebtedness, in the amount and to the extent and in the form and manner provided herein, in addition to and separate from the amounts of debts heretofore allowed under this paragraph, for the purp::~se of making additions to and improvements in the existing water works system of said City of Waycross, and all appurtenances thereto and may combine, maintain and operate its existing plant and system, and the betterments, improvements and additions thereto as one undertaking, all of which shall be determined and acted upon by a majority vote of the Commission of said City of Waycross. Said City of Waycross is empowered and authotized solely upon a majority vote of the Commisgion of said city to finance said undertakings by the issuance from time to time of inter~st bearing evidences in the aggregate not to exceed the sum of $1 fiO,OOO.OO principal in the form of revenue anticipation certificates according to the plan, procedure, form and remedies upon deZault provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the 'Revenue Certificate Law of 1937', (Ga. Laws_ of 1937, pages 761 et seq.) and as amended and to provide that payment of said certificates when and as issued shall be made solely out of revenue derived ftom the operation of said water works as now constructed and as may be extended and enlarged, all as provided in said act and amendments thereof. Said municipality is empowered and authorized, acting by and through the Commission of said city as aforesaid, to proceed under and use the plan and procedure provided in said revenue act as amended as completely as though said undertakings were an original and new venture instead of a co-ming!ing of existing facilities and appurtenances and additions, extensions, and enlargements thereof. Said certificates of indebtedness when issued shall not be payable from or charged upon any fund other than the revenue pledged to the payment thereof, nor shall said municipality be subject to any other pecuniary liability thereon whatsoever. Provided, however, the aggregate of all the indebtedness that may be incurred under this amendment is limited to $150,000.00 principal.

Section 2. ''-'ben this amendment shall be agreed to by a two-thirds vote

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JOURNAL OF THE SENATE,

of the members elected to each of the two Houses, and shall have been c>ntcred on thc>i, Journals '' ith the "yeas" and "nays" taken therc'on, it s'!all be p:tblished and submitted to the people, and the retums and declaration of the result shall b2 made, in the manner provided by the Act approved March 24, 1\J39 (Ga. La\\S 1!l3!l, pages 305-307).

Section :l. Be it :urther enacted by the authority aforesaid that all laws and pa> ts of laws in conflict herewith be an:! tl:e same are :1ereby repealed.

Th.' report of the committee, which was favorable to the adoption of the resolution, was agTeed to.

The resolution proposing an amendment to the Constitution, a roll call was ordered and the vote was as folio\\ s:

Those voting in the affirmative were Senators:

Adams Bargeron Bland Bumside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake EcLnfield Edwards

Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason McGehee

Milhollin Mosley Odom Pilcher Ragan Ro\\land Smith, 24th Steed Striplin Sumner \Vall Whaley

Not voting were Senators: Almand, Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35t~.

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

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, \Yas adopted.

By Messrs. Barber and Barlow of Colquitt:
House Resolution No. 90-511B.
A RESOLUTION To propos: to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 o:i the ConstiL1tion of Georgia, so as to auhorize the City of Doerun, in Colquitt County, to refund its present or any future bonded indebtedness legally incurred that may be or become unpaid, provided that the funds rais~d from the refunding bonds shall be used exclusively for the retirement of the said existing bonded indebtedness, and to authorize the

TUESDAY, MARCH 18, 1941

877

governing authorities of the City of Doerun, without a vote of the people, to authorize the issuance of said refunding bonds, and to provide ior the submission of this amendment ~or 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 enact~d by authorit:: of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be rurther amended by a~lding: at the end thereof a new paragraph in the following: words, to-wit:
"And except that the City of Doerun, in Colquitt County, Georgia, for its present or any future bonded indebtedness that is not paid at maturity may issue serial re:unding bonds not in excess of the unpaid outstanding bonded indebtedness, including principal and interest, for the purpose of refunding and retiting said bonded indebtedness of Eaid City of Doerun and may provide for the ass:ssment and collection of an annual tax s:1ificient in amount to pay the principal and interest of said refunding bon:ls as they shall fall due, the proceeds of such refunding bonds as may be issued as herein provided to be u~ed exclusively for the purpose of pa~ing 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 goveming body of the Citv of Doerun, no\\ th~ City Council, and they s:1all be validated as is provided by law."
Section 2. Be it i'unher enacted by the authority aforesaid, that when said amendment shall be agTced to by two-thirds vote of the members of each House, with th2 "ayes" ancl "nays" thereon, C1e Governor is hereby directed to have this proposal published in one ot more newspapers in each Congressional District in thi~; State fm two months previous to the time for holding the next general election, at which proposed amendments to t:1e Constituion 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 tl'2 said proposed amendment to the Constitution shall have written or printed on their ba!lots the \\ onls, "For ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution, authorizing the City o: Doerun to issue refunding bonds"; and all persons oppose~! to t'1e 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 Doerun to issue refunding bonds." And if a majority of the
o: electors qualified to vote for members the General Assembly, voting thereon,
~hall 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 beco<11C a part oi Article 7, Section 7, ParagTaph 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 o~ laws in conflict h~re"ith be and the sa;ne are hereby repealed.
The report of the committee, .vhich was favorable to the adoption of the

878

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resolution, was agreed to.
The rewlution proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McG2hee Milhollin }1osley Odom Pilcher Rag-an Rowland Smith, 24th Steed Striplin Sumner Wall whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

By unanimous consent, th2 verification of the roll call was dispensed with.

On the adoption of the Tesolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Mr. McCracken of Jefferson:
House Resolution No. U6-551.
A RESOLUTION
A resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragrap:1 1 of the Constitution of Georgia, so as to authorize School District No. 10 in the County of Jefferson, State of 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, 1941, and any bonded indebtedness due up to and including ::\1arch 1, 1951; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement oi said bonded indebtedness and interest thereon due and unpaid on January 1, 1fl41, and any bonded indebtedness which becomes due up to and including March 1, 1951; 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, Para-

TUESDAY, MARCH 18, 1941

879

graph 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 School District No. 10, in the County of Jefferson, State of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $13,500.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District, outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness of said School District outstanding and which becomes due up to and including March 1, 1951, and provide for the as~essment 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 School District No. 10 in the County of Jefferson, State of Georgia 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, 1941 and any bonded indebtedness outstanding and which becomes due up to and including March 1, 1951.
T:1e Board of Trustees of said School District No. 10 in the County of Jefferson, State of Georgia, are hereby authorized and empowered by a majority vote of the said Board to issue said bonds, to fix the rate of interest, the date of the issuance, the maturities and all other details incident to the issue and sale of said bonds. Said bonds sl:all be validated as now provided by law."
Section 2. When said amendment is agreed to by two-thirds vote of the members o each House with the "ayes" and "nays" thereon, it shall be published in one newspaper in each Congressional District of 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 a brief and concise summary of this amendment, not to exceed two hundred words, s'Jall also be published in the newspaper in each County in which sheriffs advertisements are published, twice during the two weeks immediately prior to the time of the holding of the next gen2ral election, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in :iavor 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 t}.p Constitution, authorizing School District No. 10, in the County of Jefferson, State of Georgia, to issue refunding bonds;" and all persons opposed to Lne 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 School District No. 10 in the County of Je1Ierson, State of Georgia, to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, vntin<r thereon. shall vote for ratification thereof, when the results shall be consolidated as now req~1ired 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 sha)l make a _proclamation thereof,

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JOURNAL OF THE SENATE,

as provided by law.

Section 3. \V~en said amendment has been ratifi,d and proclamation has been issued by the Governor, all laws and parts of Jaws in conflict herewith are t,pealed.

The report of the committee, which was favorable to the adoption 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 wete Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Cla1k Couch Da:1ghtry Dorsey Edenfield Edwards

Fortson Franklin Gross Guyton Hamilton Harrison Hill Kiker Kirkland Lanier Martin Mason ::\1ilhollin

:Mosley Odom Pilcher
Ragan
Rowland Smith, 24th Steed Striplin Sumnet Wall Whaley

Not voting w~Te Senators: Barnhill, Bradley, Coker, Coxon, Dobbs, Dra){e, Foster, Garner, Holt, I-Iou,;ton, Lewallen, I'.lcGe'1ee, Park, and Smitl:l of 3~th.

By unanimou!' consent, the verification of the roll call was dispensed with.
On tre adoption o: the resolution, th~ ayes were 37, nays 0.
The rcsolution, having received the requisite constitutional two-thirds majority, '.vas adopted.
By Messrs. Grayson, !\'IcNall and Atkinson of Chatham:
House Resolution Ko. !.HJ-56;!A. A RESOLL'TION
A resolution to propose to .the qualified voters of the Stat( of Georgia an amendnwnt to Article VIII, Section IV, Pa:a.t:Tap:1 I, of the Constitution of the State of Geor.tda, so as to require the authority which levies county taxes in Chatham Co::nty to levy tax~s for school JHU'JlOSes, not txceeding two mills on the ,;ollat in addition to the total tax of ten mills permitted to be levied under 'aid Constitutional proYision, when rl'questcd to do so by tht Board of Education o: said County, and provided :<uch additional levies shall be ><anctioned by a two-birds vote of thos.: votinJ,:' at an election or elections, called and held in :.;aid County in ncconlance with Section ;~2-11 06 of tht code of 1933.

TUESDAY, MARCH 18, 1941

881

Section 1. Be it resolved by the General Assembly of the State of Georgia, that Article VIII, Section IV, Paragraph I, of the Constitution. of Georgia shall be amended by adding at the end thereof the following:
"In addition to the total tax of ten (10) mills which is permitted to be levied under this paragraph the authority which levies County taxes in Chatham County shall levy, for school purposes, additional taxes not exceeding two (2) mills on the dollar on the assessed value of the taxable property in said County, whenever called upon to do ;;o by such Board of Public Education as has control of the public schools of the County, provided such additional levies are sanctioned by a two-thirds vote of those voting at- an election or elections called and held in said Chatham County in accordance with Section 32-1106 of the Code of Georgia of 1933."
Section 2. Be it further resolved by the authority aforesaid, that when said amendments 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 by the Governor 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 VIII, Section IV, Paragraph I, of the Constibution, authorizing the levy of taxes in Chatham County for school purposes not exceeding two mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision."
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 VIII, Section IV, Paragraph I, of the Constitution, authorizing the levy of taxes in Chatham County for school purposes not exceeding two mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision."
If a 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 required by law in elections for membets of the General Assembly, the said amendment shaiJ become a part of Article VIII, Section IV, Parag-raph 1 of the Constitution of the State of Georgia, and the Governor 10hall make a proclamation therefor.
The report of the committee, which was favorable to the adoption of the
resolution, was agreed to.
The resolution proposing an amendment to the Constitutisn, a roll call was ordered and the vote was as follows:

882

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Mosley Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, Park, and Smith of 35th.

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

Senator Coker of the 39th moved that the Senate adjourn at 10 o'clock tonight anJ stand adjourned until 9 o'clock tomorrow morning, and the motion prevailed.

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

By Messrs. Dorsey of Cobb and Simmons of Decatur:
House Bill No. 5!J2. A bill to amend Paragraph 43 of the General Tax Act by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes.

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

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

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

By Mr. Brooks of Mitchell:
House Bill No. 505. A bill to amend the General Tax Act in regard to the taxation of vending machines dispensing articles composed partly of peanuts, pecans, and ot~er nuts grown in the United States; and for other purposes.

Senator Lanier of the 18th offered the following amendment which was

TUESDAY, MARCH 18, 1941

883

adopted:
Moves to amend House Bill No. 505 by adding in line ten (10) section one ( 1) immediately after the word "article" the following words, to-wit: "where there is no chance involved."
By adding in line eight (8) of the caption immediately after the word "article" the following words, to-wit: "where there is no chance involved."
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.
Senator Campbell of the 34th asked unanimous consent to reconsider the action of the Senate in passing House Bill No. 505, and the consent was granted.
Senator Lanier of the 18th asked unanimous consent to withdraw his amendment to House Bill No. 505, 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 35, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Drake of the 8th asked unanimous consent to have House Bill No. 505 immediately transmitted to the House, and the consent was granted.
By :Messrs. Brooks of Mitchell, Dallas of Troop, and others: House Bill No. 4!l. A bill to provide a seed law for Georgia to conform
with the Federal Seed Act; and for other purposes.
Senator Pilcher of the 7th offered the following amendment which was adopted:
Moves to strike section eight of House Bill No. 4!l in its entirety and that succeeding sections be appropriately numbered.
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.
Senator Franklin of the 38th asked unanimous consent to have House Bill No. 49 immediately transmitted to the House, and the consent was granted.
Senator Couch of the 52nd asked unanimous consent to take up the fol-

884

JOURNAL OF THE SENATE,

lowing bill of the Senate for the purpose of considering a substitute offered by the House:
By Senator Couch of the 52nd:
Senate Bill No. 86. A bill to amend the charter of the City of Atlanta by adding an additional provision with reference to the revenue to be paid by city for school purposes; and for other purposes.
The consent was granted.
The House offered the following substitute: AN ACT
To amend an Act establishing a new charter for the City of Atlanta, approved February 28, 187 4, and the several Acts amendatory thereof; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act establishing a new charter for the City of Atlanta, approved February 28, 187 4, and the several Acts amendatory thereof, be, and the same arc hereby amended as follo\YS:
Section 1. That t'Ie provisions of the charter of the City of Atlanta, as embodied in Section 82 of the Code of the City of Atlanta for 1!!24, be and the same are hereby repealed and the .iollowing is enacted in lieu thereof:
"For the purpose of raising revenue for the support and maintenance of said City Government, the said Mayor and General Council shall have full power and authority and they s:1all provide by ordinance for the assessment, ivy and collection of an advalorem tax on all real and personal property, which, under the laws of this State, is subject to taxation within the incorporate limits of said City, not exceeding sixteen (16) mills on each dollar of assessed value thereon, which sha!J include the school tax, provided that all assessments of property shall be made at cash market valuation. This rate shall not be increa~cd, but the Mayor and General Council of the City of Atlanta may, in their discretion, reduce said amount at any time."
Section 2. The proceeds of one ( 1) mill of said tax shall be used for the following purposes: Thirty ( 30 '/, ) per cent, thereof by the Board of Education for capital improvements; Seventy ( 70 '/r ) per cent thereof by the :.vlayor and General Council for capital improvements. Provided, however, that such sums may be diverted to other Ia wful purposes by the respective bodies, that is, by the Board of Education, insofar as the sums allocated to it are concerned, or the l\1ayor and General Council, insofar as the sums allocated to it are concerned, whenever in the judgment of either of them an emergency exists.
An emergency shall be deemed to exist whenever 1\mds available for the essential services of the City Government shall be insufficient to maintain existing salary scales and adequate ~crvices in the va1ious departments of the City Government.
Section 3. Nothing herein shall be construed as affecting the power or

TUESDAY, MARCH 18, 1941

885

authority of the City of Atlanta to levy an emergency tax, as is provided in the Chartc>r of the City of Atlanta.
Section 4. The limitation placed upon the power and authority of the ::lfayor and General Council with respect to the charge for water or water service, contained in Section 5 of the amendment to the charter of the City of Atlanta approved August 23rd, 1927 (Acts 1927, p. 779), as amended by an Act amending an Act establishing a new charter for the City of Atlanta, which said Act was approved ::lfarch 23rd, 1937 (Acts. 1937, pp 1502, 1506), be, and the same are hereby repealed.
Section fi. The Mayor and General Council shall regulate the distribution and use of said water in all places, and for all purposes, where the same may be required, and from time to time shall fix the prices for the use thereof, and the time of payment; and they :;hall erect such number of public hydrants in such places as they shall see fit, and direct in what manner an.cl for what purpose the same shall be used, all of which they may change at their discretion. Provided, however, that \\hen the City of Atlanta furnishes water to a customer without the city limits the charges for same may not exceed an amount equal to twice that charged a customer of similar classification within the city limits.
Section 6. This Act shall become effective January 1, 1942.
Section 7. All laws and parts of laws in con,flict with this Act are hereby repealed.
Senator Couch of the 52nd moved that the Senate concur in the House substitute, and the motion prevailed.
The following bills of the House were read the third time and put upon their passage:
By Mr. Williams of Ware:
House Bill No. 649. A bill creating the State Park Authority; authorizing the construction of self-:iquidating projects embracing the completion of the Stone Mountain :vlemorial; and for other purposes.
Senatot Campbell of the 34th asked unanimous consent to defer action on House Bill No. 64!J, and the consent was granted.
By Messrs. Bloodworth, Grice and Weaver of Bibb, and others: House Bi11 No. 165. A bill to appropriate td the State Department of
Public 'Welfare certain sums for the support of the Negro Training School for Girls; and for other purposes.
The committee offered the following amendment which was adopted:
By Senator Rowland of the 16th: The Training School Committee of the Senate hereby amends House Bill
No. 165 by striking the figures $15,000.00 where they appear in Section 1 and inserting in lieu thereof the figures $10,000.00; and by striking the figures

886

.JOURNAL OF THE SENATE,

$20,000.00 where they appear in said section and writing in lieu thereof the figures $15,000.00, go that when so amended !laid section shall read as follows:

Section 1. That there is hereby appropriated to the State Department of Public Welfare out of the general funds of the State Treasury, to be used by said Department for the !~ole purpose of equipping, maintaining and operating the colored division of the Georgia Training School for Girls, created and established by the Act approved March 31, 1937, and located in Bibb County, Georgia, the following gums, to-wit:

For the fiscal year ending June 30, 1941, $10,000.00 (which !IUm includes expenses for necessary equipment) ;

For the fiscal year ending JunG 30, 1942, $15,000.00.

Said appropriations shall be in addition to any other appropriation!~ made or to be made to the State Department of Public Welfare or to the Colored Division of the Georgia training school for girls.

Senator Daughtry of the 21st offered the following amendment, which was adopted:

Senator Daughtry of the 21st District moves to amend Section 1 of House Bill No. 165, by insetting immediately after the words "June 30, 1942" and before the words "$20,000.00", the following words "and annually thereafter until otherwise provided by law the sum of".

The report of the committee, which was favorable to the passage of the bill a!l amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Adams Almand Bargeron Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake

Edenfield Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Kiker Kirkland Lanier

Martin Mason Milhollin Odom Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Foster, Garner, Houston, Lewallen, McGehee, Mosley, Park, Smith of 35th, and Wall.

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

TUESDAY, MARCH 18, 1941

881

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following privileged resolutions were read and adopted: By Senator Guyton of the 1st:
A resolution extending the privileges of the floor to Mrs. L. C. Ragan, wife of the Senator from the 14th.
By Senator Clark of the 44th: A resolution extending the privileges of the floor to Ron. James Hugh
Steed, brother of the Senator from the 43rd.
By Senator Cannon of the 40th and Senator Hamilton of the 42nc!: A resolution extending the privleges of the floor to Miss Mary Coker,
daughter of the Senator from the 39th, and Miss Virginia Lee.
By Senator Milho!lin of the 46th: A RESOLUTION
Whereas, the Senate has been served faithft:lly and well throughout this session by the lovely :Wrs. Frank Knowles as assistant messenger, and
whereas, Mrs. Knowles, through her gracious manner and charming personality has endeared herself to the entire membership of this body;
Now therefore be it resolved that the Senate does hereby express to Mrs. Knowles our sincere appreciation of the splendid service she has rendered as assistant messenger and wish for her every success and happiness.
Be it further resolved t:1at a copy of this resolution be mailed to Mrs. Knov.les father, the Ron. John 3. D. Paulk, of Brunswick, Georgia.
Senator Smith of the 24th moved that the Senate do now adjourn, and the motion was lost.
Senator Edenfield of the 4th moved that the Senate do now adjourn until tomorrow morning at 9 o'clock, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 9 o'clock.

888

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

wednesday, March 19, 1941.

The Senate met pursuant to adjournment at 9 o'clock this morning and was called to order by the President.

Prayer was offered by the Chaplain.

Senator Edenfield of the 4th asked unanimous consent that the call of the toll be dispensed with.

There was objection.

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

Adams Almand Barnhill Bland Bradi"Y Burnside Cannon Clark Coker Couch Coxon Daughtry Dobbs Dorsey Drake

Edenfield Edwards Foster Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland Lanier Lewalle-n

Martin McGehee Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Wall Whaley

Senator Odom of the Qth, Vice-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.

Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules have had under consideration the fixing of the calendar for the day and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:

That immediately following the period of u-nanimons consents the following be adopted as order of business for the day:

1. Reports of standing committees and reading of bills second time.

2. Passage of local uncontested bills and resolutions.

WEDNESDAY, MARCH 19, 1941

889

3. The following billg be established as order of business: Senate Bill No. 203, for the purpose of disagreeing to committee report unfavorable to the passage of the bill; Senate Bills Nos. 119, 202; House Bill No. 326; Senate Bill No. 213; House Bill No. 296; Senate Billg Nog. 215, 184; House Bills Nos. 309, 310, 411, 649; Senate Bill No. 203; House Bills Nos. 27 4, 67, 395, 396; House Bill No. 201, for purpose of disagreeing with committee report.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The report of the Committee on Rules, which established the order of business for today, was adopted.
Dr. Coker of the 3Dth District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 57-307D. Do pass.
Respectfully submitted, Coker of 39th district, chairman.
Mr. Lanier of the 18th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 1D2. Do pass.
House Bill No. 439. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.
Mr. Drake of the 8th 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. 343. Do pass as amended.

890

JOURNAL OF THE SENATE,

House Bill No. 43. Do pass.
House Bill No. 693. Do pass.
House Bill No. 575. Do pass.
House Bill No. 664. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Fortson of the .50th District, Chairman of the CommittPe on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System 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 recommendations:
House Bill No. 686. Do pass.
Respectfully submitted, Fortson of :iOth district, chairman.
Mr. Drake of the 8th District, Chairman of the Committee on Counties and County :vlatters, submitted thP following report:
Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed mp as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 581. Do pass as amended.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Steed of the 43rd 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 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. 697. Do pass.
House Bill No. 677. Do pass.
House Bill No. 661. Do pass.
House Bill No. 662. Do pass.

WEDNESDAY, MARCH 19, 1941

891

House Bill No. GG3. Do pass.
House Re~;olution No. 132-742-C. Do pass.
House Bill No. 568. Do pass.
House Bill No. 579. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
The following privileged resolutions were read and adopted:
By Senator Gross of the 20th: A resolution extcnding the priivleges of the floor to Rev. J. F. McCluney,
a former member of the Legislature.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to Rev. J. F. McCluney,
County School Superintendent of Catoosa County.
By Senator Dorsey of the 32nd: A resolution extending the privileges of the floor to Hon. C. H. Edwards
of Cleveland, Georgia, a former member of the Senate.
By Senator Kirkland of the 49th: A resolution extending the privileges of t:1e floor to l\irs. Gordon S.
Sumner, lovely wife of the Senator from the 1Oth.
By Senator Park of the 19th: Senate Resolution No. 69-228. A RESOLUTiON \Vhereas, Herty Foundation Laboratory has been asked by firms having
national defense contracts to make experiments and investigation on the use of Georgia and Southern Natural Resources and Agricultural Products.
Resolved that the House of Representatives and Senate of Georgia hereby approve the laboratory doing such experimental work on such products and giving the information only to those who pay for it.
Provided, the entire expense of such experiments shall be paid by the beneficiaries, and that no public funds shall be used.
By Senator Lanier of the 18th: A RESOLUTION
Resolved by the Senate of Georgia: In gratitude and appreciation of the life of a grcat and noble woman, Miss Julia A. Flisch, who a few days ago passed on to everlasting life, that the attached editorial marked Exhibit "A" from her home paper, The Augusta Chronicle, Augusta, Georgia, be, togethe1 with this resolution, incorporated in the Senate Journal, and
That a copy of this resolution be sent to the family of Miss Flisch, to

892

JOURNAL OF THE SENATE,

the Board of Education of Richmond County and to the press in Augusta, Georgia.
MISS JULIA A. FLISCH :Miss Julia A. Flisch, beloved Augusta educator and author, lived to see the beginning of the present era of equal opportunities for women, an ideal which she cherished and worked actively to realize during the quarter of a century or more she spent as a teacher and counselor of young women.
Miss Flisch was C'asily one of Georgia's outstanding women, and here in Augusta where she taught at Tubman High School and served later as Dean of \Vomen at the Junior College, her influence on the lives of the hundreds of young women and men who studied under her is incalculable. She not only tutored them; she was a friend and an advisor to them. Her wisdom, her brilliant mind and her profound knowledge, not only of academic subjects but of human character as well, made her an educator of rare talents, and a great influence for good in each of the institutions in which she served.
Miss Flisch's chief ambition in life was to enrich the minds and characters of young women, and to win for them opportunities and privileges which woment did not enjoy in the "man's world" which existed when she was a young woman. Being a person of strong convictions, Miss Flisch devoted her talents to the cause of women's suffrage during the era when women were not allowed to vote.
A staunch advocate of the right of women to attend state universities, Miss Flisch worked earnestly and zealously to have discriminatory regulations removed, and it was largely through her efforts that the University of Georgia now offers equal opportunities to young women students.
Miss Flisch's energy was boundless. She found time between her many other duties to write several books, the best known being her novel, "Old Hurricane."
The fullness of her life is best measured in the good works she left behind her. She was a brilliant, erudite and noble woman, and was indeed, "the Dean of Augusta \Vomen."
The following message was received from the House through Mr. Boone, the C:lerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
Dy Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
House Bill No. 767. A bill to be entitled an Act to amend the Pension Act of the City of Atlanta; and for other purposes.
By Mr. Brooks of Mitchell:
House Bill No. 527. A bill to be entitled an Act to amend Section 92-

WEDNESDAY, MARCH 19, 1941

893

4801 of the Code of 1933; and for other purposes.
By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens and Elliott of Muscogce:
House Bill No. 685. A bill to be entitled an Act to propose a constitutional amendment to provide in regard to the publication of Constitution in only one newspaper; and for other purposes.
By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton:
House Bill No. 102. A bill to be entitled an Act to provide for the serving of sentences on probation; and for other purposes.
By Messrs. Anderson of wayne and Rowland of Johnson:
Home Bill No. 698. A bill to be entitled an Act to amend an Act entitled an Act to amend Section 92-3701 of the Georgia Code of 1933; and for other purposes.
By :\1essrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson and Kea of Laurens:
House Bill No. 246. A bill to be entitled an Act to limit the time for enforcing deeds to secure debts on real pro":::rty; and for other purposes.
By :\1r. Evans of McDuffie: House Bill No. 289. A bill to he entitled an Act to enlarge the jurisdic-
tion of the Public Service Commissioner; and for other puposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
By Senator Whaley of the 45th: Senate Bill No. 196. A bill to amend an Act authorizing the City of
;:'lie Rae to pave and improve streets and roads, and to levy taxes to pay for same; and for other purposes.
By Mr. Allison of Gwinnett: House Bill No. 742. A bill to be entitled an Act to amend an Act en-
titled an Act to fix the salary of the Treasurer of Gwinnett County; and for other purposes.
By Mr. Dean of Rockdale County: House Bill No. 7:32. A bill to be entitled an Act to amend an Act creating
the Board of Commissioners of Roads and Revenues for the County of Rockdale; and for other purposes.
By Messrs. Hunnicutt and Price of Clarke: House Bill No. 754. A bill to be entitled an Act to amend an Act entitled

894

JOURNAL OF THE SENATE,

an Act to establish the City Court of the County of Clarke; and for other purposes.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
House Bill No. 25. A bill to be entitled an Act to amend the code so as to eliminate the neces~ity of maintaining grantee index of instruments relating exclusively to personal property; and for other purposes.
By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
House Bill No. 28. A bill to be entitled an Act relating to the duty of clerks of the Superior Courts to keep an execution docket which shows the names of the parties and their attorneys, etc., and to repeal same; and for other purposes.
By Mr. Ansley of Lee:
House Bill No. 747. A bill to be entitled an Act to fix the compensation of Commissioners of Roads and Revenues and Clerks in counties of this State having a population of not less than 7,837 and not more than a population of 7,845 by the United States Census; and for other purposes.
Mr. President: The House has disagreed to the Senate amendments to the following bills
of the House, to-wit:
By Mr. Rossee of Putnam:
House Bill No. 455. A bill to be entitled an Act to amend the Act approved August 5, 1!lOS, (Ga. Laws 1908, pp. 620, 645), creating and establishing a new charter for the City of Eatonton, etc.; and for other purposes.
By Mr. Rossee of Putnam: House Bill No. 417. A bill to be entitled an Act to amend an Act creating
a Board of Commis~ioners of Roads and Revenues for the County of Putnam; and for other purposes.
The House requests the appointment of a Committee of Conference on the part of the Senate to confer with a like Committee of Conference on the part of the House. The Speaker has appointed as a Committee of Conference on the part of the House the following members, to-wit: Messrs, Rossee of Putnam; Harrison of Jenkins; McCrackin of Jefferson.
The following bills and resolutions of the Senate and House, favorably reported by the Committees, were read the second time:
By Mr. Mcintosh of Mcintosh: House Bill No. 43. A bill to repeal an Act relating to live stock dealers
in Mcintosh County; and for other purposes.
By Messrs. Simmons and Mills of Decatur: Hou~e Bill No. 192. A bill to amend an Act of the General Assembly
amending the Income Tax Laws by providing certain exemptions from the

WEDNESDAY, MARCH 19, 1941

895

operation of the said Act; and for other purposes.
By :\fr. Holtzendorf of Ben Hill:
House Bill No. 343. A bill to amend an Act providing for Commissioners of Roads and Revenues for Ben Hill County; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn and Wetherbee of Daugherty:
House Bill No. 439. A bill to amend title 92 ("Public Revenue"), division 1 ("Sources of Revenue"), of the Code of Georgia of 1933; and for other purposes.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 568. A bill to require all candidates for the General As-
sembly in counties having a population of 25,100 to 26,100 inhabitants, inclusive, according to the United States census of 1940 or any future census to designate and qualify for the seats in the General Assembly from all such counties and name their incumbent opponents; and for other purposes.
By c\'Ir. Smiley of Liberty: House Bill No. 575. A bill to grant the Commissioner of Roads and Rev-
enues of Liberty County tl1e authority to provide for zoning and planning; and for other purposes.
By Messrs. Parker and Roberts of Walton: House Bill No. 579. A bill to amend an Act to provide for Tax Commis-
sioners of the State of Georgia in all Counties having a certain population to collect commissions on all property returned for taxes; and for other purposes.
By Messrs. Allison and Roberts of Gwinnett: House Bill No. 581. A bill to amend an Act entitled "An Act to create
a new charter for the Town of Duluth, in the County of Gwinnett, and to consolidate and declare the rights and powers of said corporation; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 661. A bill to empower all counties in the State of Geor-
gia, having a population of not less t:1an 57,000, and not more than 80.000, to establish a pension system for county employees; and for othei purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 662. A bill to provide for the appointment by the Ordin-
aries to fill any vacancies in the office of County Surveyor caused by resignation, or any cause, in all Counties having a population of not less than 57,000 and not more than 80,000, according to the 1940 United States census; and for other purposes.
By lVIessrs. Elliott and Wohlwender of Muscogee: House Bill No. 663. A bill to empower all counties having a population

896

JOURNAL OF THE SENATE,

of not less than 57,000 and not more than 80,000 to lay and install sanitary sewers and water mains and pipes in such counties and municipalities; and for other purposes.
By Mr. Smiley of Liberty:
House Bill No. 664. A bill to describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty County; and for other purposes.
By Mr. Hogg of Marion: House Bill No. 677. A bill to amend an Act to change from the fee to
the salary system in certain counties in Georgia, by excepting Marion County from the application of said Act; and for other purposes.
By Messrs. Bates of ware, Deal of Bulloch, Daves of Dooley, Walker of Grady, Taft of Atkinson and Willoughby of Clinch:
House Bill No. 686. A bill to encourage physicians to practice medicine in small towns and rural communities which need them; and for other purposes.
Rv Mr. Howard of Long: House Bill No. 693. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenue of Long County; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Bill No. 697. A bill to amend Title 92 ("Public Revenue") Part
II, (Tax Receiver), Chapter 92-46 (in general) by defining and limiting certain duties required of tax receivers in counties of 200,000 or more population according to the census of 1940 or any future census; and for other purposes.
By :Messrs. Ferguson and Suggs of Sumter: House Resolution No. 57-307D. A resolution to name and designate the
DeSoto Trail in Georgia; and for other purposes.
By Messrs. Pettit and Martin of Bartow: Hou~e Resolution No. 132-742C. A resolution to relieve \V. A. Jones,
A. P. Reynolds and C. H. Wilbanks as sureties on the bond of D. F. Wilbanks; and for other purposes.
The following resolution of the Senate was read and adopted:
By Senator Milhollin of the 46th: Senate Resolution No. 68-228. A resolution advising that a joint resolution
be adopted by the House and Senate to provide for a joint committee to advise with the Commissioner of the Department of Natural Resources about the preservation of natural resources; and for other purposes.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
By Messrs. Vickers of Coffee, and Taft of Atkinson:

WEDNESDAY, ::VIARCH 19, 1941

897

House Bill Ko. 91. A bill to amend an Act aproved August 20, 1929 designating the Highway Mileage by adding additional mileage in Coffee and Atkinson Counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill, the ayes were a9, na~s 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Vickers of Coffee: House Bill Ko. 92. A bill to amend an Act approved August 20, 1929,
designating the Highway l\1ileage by adding additional mileage in Coffee County, Georgia, from Lax, Georgia, to the Bacon County line; and for other purposes.
The report of the comittee, which was favorable to the passage of the bill, was agreed to.
On the pas~a.ge of the bill, the ayes were 3H, nays 0.
The bill, having received the reqc1isite constitutional majority, was passed.
By :VIr. Aultman of Peach:
House Bill .:-J o. 368. A bill to authorize the fiscal authority in counties having a population of not less than 10,376 and not more than 10,386 to pay additional etE1~pensation not to exceed $30.00 per month, to the sheriff for automobile expenses; to reJwal eonflicting la\\s; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pafsage of the bill, the ayes were 39, nays 0.
The bill, having rec~ived the requisite constitutional majority, was passed.
By Mr. Rich of Union: House Bill ~ o. 506. A bill to exempt from the operation of Sections
62-510 and 62-511 of the Code, certain militia districts in Union County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was a,greed to.
On the passage of the bill, the ayes \\ere 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Sills of Candler, Deal and Aiken of Bulloch: House Bill ~o. i)5D. A bill to amend the Highway l\1ileage Act by adding
thereto a road running from the City of l\'letter to the City of Sylvania; and ior other purposes.

898

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 39, nays 0.

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

By Messrs. Bates and Williams of Ware; Southwell of Charlton; Jones of Brantley and Bowen of Pierce:
House Bill No. 599. A bill to abolish the fee system now existing in the Superior Courts, as applied to the office of Official Court Reporter o~ the Waycross Judicial Circuit; and for other purposes.

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

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

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

By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton; Candler, Dunaway and Turner of DeKalb:

House Bill No. 626.

A BILL

To be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of the State authorizing- the Counties of Fulton and DeKalb to contract \\ith each other and either singly or in combination with a public corporation to be known as the Hig-hway Authority of such County or Counties for any period not exceeding thirty years br the acquisition, con-

struction, maintenance, operation, alteration and supervision by such a'Jthority

of arterial roads, highways, and streets within such Counties and in connection therewith for the acquisition, construction, maintenance, operation, alteration

and supervision by such authority or facilities in connection with such highways; to authorize the issuance of bonds by such authority, which shall be

charges against the properties of said Counties when such bonds have been duly authorized by the electors of such Counties; to provid;; a method of re-

payment of such bonds and other matters in connection therewith; to provide

for the submission of said amendment to the people of this State, 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 t:1at the Constitution of the State of Georgia be amended by adding to Article 7, Section 7, the following, said paragraph to consist of the provisions of this Act when it is duly ratified.

Section 2. Be it further enacted that the Counties of Fulton and DeKalb may contract with each other and either singly or in co;11bination with a public corporation which may be created by the General Assembly, herein termed the "Highway Authority" of such county or counties, ::-or any period not exceeding thirty years, for the acquisition, construction, maintenance, oneration, alteration and supervision by such Authority of arterial highways, roads and streets tl'ithin such counties, and in connection therewith for the acquisition, con-

WEDNESDAY, MARCH 19, 1941

899

struction, maintenance, operation, alteration and supervision by such Authority of bridges, underpasses, overpasses, parking spaces, parks and parkways or other facilities in connection with such roads, streets and highways, and such Authority is authorized to engage in such projects, as may be provided more fully by the General Assembly. Such Authority may be authorized to issue from time to time in bonds in aggregate amount not to exceed $25,000,000 to carry out such projects, and such county or counties may be authorized as herein provided, and shall, when so authorized, levy taxes for the retirement of such bonds over a period not exceeding thirty years, and such bonds shall be a first lien upon all the property of such county or counties as may be parties to such contract, to the extent of the annual retirements and interest payments thereupon.
The proportionate part of the payment to be made by each county, if both of said counties shall enter upon such a contract, shall be fixed in such contract, and such annual retirements and interest payments thereon may be made wholly or partially from the proceeds of gasoline and oil taxes paid to such counties, from the proceeds of any other sums payable by the State or by any other public corporation or public agency to such counties for highway purposes, or for similar purposes, and from the proceeds of any other revenue such county or counties may receive not otherwise allocated by law. Any excess of taxes collected by either county in any one year over the amount necessary to pay such county's proportionate part of such annual retirements and interest, after first using the amounts derived by such counties and paid to the Authority from other sources upon such bonds, shall be retained, and the tax levied by such county for the succeeding year shall be reduced accordingly.
Section 3. Such bonds may be issued in series as may be determined by the Authority, but before any series of bonds shall be issued the bonded indebtedness to be incurred shall be submitted to the qualified voters of such county or counties at an election to be called by the Authority and held in the same manner as elections for the incurring of a bonded indebtedness by counties, except that if both of said counties are to participate, the vote of the l \YO counties shall be consolidated and counted as a unit and the result declared by the Aut'1ority. The legislature is authorized to provide the necessary machinery for suih consolidation and for the payment by the Treasurers of Fulton and DeKal~Counties of their respective share of the expense of such election. The Su rior Court of either of such counties shall have jurisdiction to validate sai bomls in conformity with the law providing for the validation of county bon , and the certification by the Clerk of the Superior Court taking jurisidiction of such validation, without the certification of any other ofi'icial, shall be sufficient. The proceedings for such validation may be instituted by the Solicitor General of either the Atlanta or Stone Mountain Circuit, but the proceedings shall be served upon the authorities managing the fiscal affairs of both of said counties, and such authorities s!-!all each make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of either of said counties or of any municipal corporation or political subdivision of said State to incur any other bonded indebtedness.

900

JOURNAL OF THE SENATE,

Section 4. when this amendment shall have been ag-reed to by a twothirds vote of the members elected to each House, it shall be entered upon the journal of each House with the ayes and nays thereon and published in one or more ne11spapers in each Congressional District of this State for two months previous to the time for holding of the next g:neral election, and shall at the next general election be submitted to the people of the State for ratification or rejection. All persons voting in said election in favor of ajopting the said proposed amendment to the constitution shall have printed or written on their
ballot the words: "For ratification o: amendment to Article 7, Section 7,
Paragraph 1, of the Constitution of the State of Georgia, authorizing the CountiEs of Fulton and DeKalb to contract with each other and with a Highway Authority to be created, for the purpose of regulating traffic conditions in said countie,;, and authorizing the issuance of bonds for this purpose." And all persons opposing the adoption of said amendment the v:ords: "Against ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, authorizing the Counties of Fulton and DeKalb to contract with each other and 11 ith a Highway .1-uthority to be created, for the pmpose of rcgulating traffic conditions in said counties, and authorizing the issuance of bonds for this purpose."
The electors qualified to vote for members of the Genel'al Assembly will be authorized to vote upon said amendment at said g~neral election, and if a majority of persons voting at such election shall vote for the ratification of such amendment when the result shall be consolidated as required by law in eledions fot munbers of the General Assembly, the said amendment shall become a part of Artic~e 7, Section 7, of the Constitution of Georgia, and the Governor shall make a proclamation thereof as provided by law.
Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and they an: hereby repealed.
The committee offered the following amendment which was adopted:
Senator Campbell of the 34th moves to amend House Bill ~o. 626 by adding the following at the end of Section 2:
"l\othing in this Act s'Ja!l conflict or interfere with the powl'I'S or rights heretofore granted the Georgia Public Service Commission to regulate motor carriers.''

The report of the committee, which was favorable to the passage of the bill as amcndccd, was agreed to.
The bill proposing an amendment to the Constitution, a roll call was or~ dered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Almand

Burnside Campbell

Cannon Clark

WEDNESDAY, MARCH 19, 1941

901

Coker Couch Dorsey Drake Edenfield Edwards Franklin Gross Guyton Hamilton

Harrison Hill Holt Houston Kiker Kirkland Lanier Martin Mason McGehee

Milho!lin Mosley Odom Park Ragan Rowland Smith, 24th Steed Wall Whaley

Not voting were Senators: Bargeron, Barnhill, Bland, Bradley, Coxon, Daughtry, Dobbs, Fortson, Foster, Garner, Lewallen, Pilcher, Smith of 35th, Striplin, and Smnner.

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

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional two-thirds majority, was pa:,;;ed as amended.

By Messrs. Connell of Lowndes, Joiner of Cook:
House Bill No. 638.
A BILL
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 Cook County by vote .of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in the amount to pay off and retire the warrant indebtedness, notes, judgments, county orders, open accounts, and demands of all kinds against said County; to provide that in the event such 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, except that the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized shall not be affected nor defeated by this amendment; to provide that the bills and claims of and against said County shall be paid by check, and how such checks shall be executed; to legalize tax levied through the year 1941, and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the next ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to make provisions for paying off and retiring said 'bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring the designated county indebtedness; to provide for the submission of this amendment for ratification or rejection 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:

902

JOURNAL OF THE SENATE,

Section 1. 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 paragraph in the following words and language, to-wit:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Cook County is hereby authorized and emp'owered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, and all orders, notes, judgments, open accounts, and other demands of every kind and character against said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and R'evenues of said County of Cook on the date as determined by the governing authority of said County, which date shall be not earlier than ten days and not more than sixty days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as 'Funding Bonds'.
"In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and defened 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 chargeablP to or against said County or payable by the Treasury of said County shall be paid monthly or otherwise as may be determined by the governing authority of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Cheif Executive Officer of said governing authority, and countersigned by the Vice-Chairn1an of said authority of the County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 by the governing authority charged with the duty of managing said County's affairs shall be legal with the express power and authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determimd by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds.

"Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise, as may be fixed by the governing authority of said County, provided however, that said bonds must all mature within thirty years from the date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be exclusively used for the purpose of paying and 1etiring the indebtedness and

WEDNESDAY, MARCH 19, l!l41

901

Coker Couch Dorsc>y Drake Ed<:nfi<:ld Edwards Franklin Gross Guyton Hamilton

Harrison Hill Holt Houston Kiker Kirkland Lanier ::Vlartin Mason McGehee

Milhollin :vrosley Odom Park Ragan Rowland Smith, 24th Steed Wall Whaley

Not voting were Senators: Bargeron, Barnhill, Bland, Bradley, Coxon, Daughtry, Dobbs, Fortson, Foster, Garnc>r, Lewallen, Pilcher, Smith of 35th, Striplin, and Sumner.

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

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional two-thirds majority, wao pa;,~~d as amended.

By :.VIessrs. Connell of Lowndes, Joiner of Cook:
House Bill No. 638.
A BILL
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 Cook County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in the amount to pay off and retire the warrant indebtednpss, notes, judgments, county orders, open accounts, and demands of all kinds a.gainst said County; to provide that in the event such indebtedness is paid o~f and retired that said Count:.c shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future, except that the right in said governing authority to borrow money to supply casual deficiencies in revc>nue as heretofore authorized shall not be affected nor defeated by this amendment; to provide that the bills and claims of and against said County shall be paid by check, and how such checks shall be executed; to kgaliz<> tax levied through the year 1941, and to authorize the levy and collection of a tax in the current year :!'or use, all or in part, for the operation of said County for the next ensuing year; to provide how said bonds shall be authorized, validated and issu('d; to require the fiscal authority of said Count;: to make provisions for paying off and retiring said bonds; to provide that the proceeds of ~aid bonds shall be used exclusively for paying off and retirin.g the designatPd county indebtedness; to provide for the submission of this amPndment for ratification or rejection by the people; and for other purposes.
BP it enacted by the Goneral Assembly of the State of Georgia, and it is hereby enacted by authority of same:

904

JOURNAL OF THE SENATE,

Houston Kiker Kirkland Laniel' Martin McGehee

Milhollin Mosley Odom Pa1k Pilcher Ragan

Smith, 24th Smith, 35th Steed Sum1wr Wall Whaley

Not voting were Senators: Barnhill, Bradley, Coxon, Dobbs, Edenfield, Fortson, Foster, Garner, Lewallen, Mason, Rowland, and Striplin.

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

On the passal!;e of the bill, the ayes were :1!J, nays 0.

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

By Messrs. Elliott and Wohlwender of )iuscogee:
House Bill No. 6;;6. A bill to authorize the Commissioners of Roads and Revenues in counties having a population of between 57,000 and 80,000, to adopt and enforce building and constructing 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 3!J, nays 0.

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

By .Messrs. Davis and Arnall of Coweta:
House Bill No. 712. A bill to amend the Highway l\Iileage Act so as to add additional mileage in Coweta County; and for other purposes.

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

On the passage of the bill, the ayes were 3!J, nays 0.

The bill, having received the requisite constitutional majority, )Vas passed.

By Messrs. Candler, Dunaway and Turner of DeKalb:

House Bill K o. 728. A bill to amend an Act to abolish the office of County Treasurer 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 ayl.'s were 3!J, 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 a minority report:

WEDNESDAY, MARCH 19, 1941

905

By SPnators Campb<'ll of the 34th, Smith of thP 35th, Coxon of the 2nd, Striplin of the 37th, and Harrison of the 2;1rd:
Senate Bill 1'\o. 20:1. A bill to provide the right of eminent domain to all corpo1ations for thc; purpose of carrying out any development where such development is specifically declared by the President of the United States o1 the Secretaries of War or the Navy to be vital to national defense; and for other purposes.
Senator Coker of the 3~Jth moved to disagree with the report of the committee which was unfa\mabh to the passage of the bill.
Senator Dobbs of the 22ncl asked unanimous consent that he be allowed to cast his vote on t~1C motion and retire, and the consent was gTanted.
The SPnator voted "nay", and was so recorded.
The following message was received from His Excellency, the Governor:
State of Georgia Executive Department Eugene Talmadge, Governor Atlanta, :\'larch 19, 1941
Message to the General Assembly of Georgia:
I am transmitting to you copy of a telegram from the President of the United StatPs, Honorable Franklin D. Roosevelt, with reference to the pipeline to be usPd in connection with the de::'ense program in the State of Georgia, \\hich speaks for itself.
Respectfully submitted, Eugene Talmadge, Governor.
WESTERN UNION
His Excellency EugPIH' Talmadge: Governor of Georgia, Atlanta, Ga.
I have received the follo;;ing letter signed by the Secretaries of 'Var, Navy and Interior: ''"'e respectfully recommend that transportation facilities which will permit the shipment of petroleum products to Atlantic Coast Areas by methods which will relieve the present dependence upon tankers are essential to the National Defense.
In our opinion, gasoline pipelines which extend from Gulf Coast Ports into arpas now served wholly or partly by tankers and which contact intermediate points of military i:11portance should be classed as facilities which are essential to the Xational Defense. The Southeastern Pipeline originating at St. Joe, Fla., and the proposed Plantation Pipeline designed to originate at Baton Rouge, La., are pnsent examples of such pipelines. This recommendation is based upon existing conditions, as follows:
1. The Atlantic Coast, with 40 percent of our population and the greater

906

JOURNAL OF THE SENATE,

part of our industries, depends upon ocean transportation by tankers from ports in Texas, Louisiana, California and nearby foreign countries for virtually all of its p2troleum. Present pipelines to the Atlantic Coast cannot handle mon' than 4 percent of the oil which needs to be delivered.
2. Present tanker facilities are no more than adequate to meet current peace time needs and are certain to prove inadequate in the event of a full emergency. Tankers plying between Gulf Coast Oil supply. During February, 1941, 260 tankers engaged in this service. Most of these boats are old and are approaching the end of their economic life. Their avera.ge speed is 10.5 knots, with 18 days required for an average round trip. ThC'y are capable of making 20 round trips yearly, or 5,200 sailings annually for the present fleet. The average load per vessel approximates 83,900 barrels. If operated at full capacity, the present tanker fleet engaged in the Gulf to Atlantic trade could transport 436,000,000 barrels during the year, which now appears to be a minimum 1941 requirement for shipments in this service.
3. There are no supplemental sources from which additional tankers could be obtained readily in quantities sufficient to meet the accelerated neC'ds of an emergency without infringing upon other essential needs. A few additional tankers operate, from time to time, in the Gulf to Atlantic trade but recent developments indicate that other demands for tanker transportation may prevent the transfer of any substantial number of such tankers to this service. Some of the present fleet, such as the four "National Defense" tankers still operating in this commercial service, are likely to be called into Naval service. About 70 new tankers are under construction or contract, but their delivery dates extend over the next three years, with an approximate completion rate of 2 tankers per month, and it is possible that other needs for their services may develop prior to their completion.
4. In the event of hostilities which would subject ocean-going tankers to enemy attack or necessitate the adoption of a convoying system, the reduced speed and delays connected therewith would lower the annual delivery capacity of the tanker fleet and might involve the loss or destruction of some vessels. Delays or losses of only 15 percent would be sufficient to reduce annual deliveries by 65,000,000 barrels which is nearly as much oil as is now held in storage on tfle Atlantic Coast. In the event of a real emergency, such delays or Losses are likely to be substantially in excess of 15 percent.
5. Approximately 4,000,000 barrels of petroleum products are shipped monthly by water from Gulf Coast Refineries to ports in Florida, Georgia and South Carolina, from where shipments are made inland into the area which will be served by the Southeastern and Plantation Pipelines. The direct shipment of gasoline into these areas by pipeline will reduce correspondingly the demand for tanker transportation. According to present plans, the Plantation Pipeline would be capable of delivering to its final terminal a quantity of gasoline equivalent to that which could be transported by 6 average tankers. This quantity could be increased by additions to the line and pumping equipment. The routes selected for these pipelines contact points of military importance.

WEDNESDAY, MARCH 19, 1941

907

G. In our opinion, the present situation with respect to the Atlantic Coast petroleum supply is such as to require the full development of all supplemental nwans of serving the needs of that area. This should involve also the increaspd utilization of rail and truck facilities in some sections and an expansion of storage capacities. The construction of all such facilities by private capital is directly in line with the present program for National Defense.
I feel fully ju~tified in adviEing you that this pipeline is essential to our National De:ense Program.
Franklin D. Roosevelt.
Senator Dobbs of t'JC 22nd asked unanimous consent that he be allowed to cast his vote on the passage of Senate Bill No. 203 and retire, and the consent was granted.
The Senator voted "aye" and was so recorded.
Senator Lanier of the 18th moved that further consideration of Senate Bill No. 203 be postponed until this afternoon at 2 o'clock, and the motion prevailed.
Senator Burn~irlC' of the 29th moved that the Senate recess subject to the call of thC' chair.
Senato1 EdLnfield of the 4th asked unanimous consent that when the Senate adjourns this morning, it stand adjourned until this afternoon at 2 o'clock, and the consent was gTanted.
Senator Bmnside of the 29th ask2d unanimous consent that he be allowed to withdraw his motion, and the consent v:as granted.
Senator Campbell of the 34th moved that the Senate recess from 12:30 o'clock until 2 o'clock this afternoon, and the motion prevailed.
UndPr the onkr of business established by the Committee on Rules, the following bills of the Senate and House were taken up for consideration:
By Senator Coker of the 39th:
Senate Bill No. 119. A bill to prohibit any person licensed to practice medicine, rkntistry, osteopathy, chiropractic, chiropody, optometry, or pharmacy from using before his name the prefix "Dr." or "Doctor" on letterheads, signs, etc.; and for other purposes.
Senator Odom of the 9th moved that Senate Bill No. 119 be tabled, and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passagp of the bill, Senator Odom of the 9th called for the ayes and nays, and the call was sustained.

908

JOURNAL OF THE SENATE,

A roll call wa,; ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Almand Bargeron Bumside Cannon Clark Coker Daughtry Dorsey Edenfield Franklin Garner

Gross Hamilton Harrison Holt Houston Kiker Kirkland Lanier Martin Mason McGehee Mosley

Park Pilcher Ragan Rowland Smith, 24th Steed Stl'iplin Sumner Wall Whaley

Those voting in the Negative were Senators: Bland, Drake, Hill, Odom.

Not voting were Senators: Barnhill, Bradley, Campbell, Couch, Coxon, Dobbs, Edwards, Fortson, Foster, Guyton, Lewallen, Milhollin, and Smith of 35th.

By unanimous com;ent, the verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 34, nays 4.

The bill, having received the requisite constitutional majority, wa,; passed.

Senator Coker of the 39th moved that Senate Bill No. 119 be immediately transmitted to the House.
On the motion to immediately transmit, Senator Odom of the 9th called fot the ayes and nays, and the call was not sustained.

The motion prevailed.

Senator Daughtry of the 21st moved that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time, and recommitted:

By Messrs. Ferguson and Suggs of Sumter: House Bill No. 719. A bill to create a new charter for the City of Ander-
sonville; and for other purposes.
The consent was granted.

By Senator Sumner of the lOth:

Senate Bill No. 202. A bill to define the word "dairy" as used in the statutes of this State; and for other purposes.
The report of th<:' committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 19, 1941

909

On the passage of the bill, the ayes were 28, nays 0.
The bill, having; received the requisite constitutional majority, was passed.
By ::\'Iessrs. Elliott of ::\'Iuscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, and others:
House Bill No. 326. A bill to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passag~ of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Senator Redwine of the 26th:
Senate Bill 1\o. 213. A bill to regulate the sale of live and dressed poultry; and for other purposes.
Senator Redwine of the 26th asked unanimous consent that further action on Senate Bill No. 213 be postponed, and the consent was granted.
The following resolution of the Senate \\as read and adopted:
By Senator :VIi!hollin of the 46th: Senate Resolution No. 67-228. A resolution extending fishing and hunt-
ing rights to non-resident soldiers encamped in the State of Georgia; and for orher purposes.
The Committee of Conference on House Bill No. 16!J submitted the following; report:
}fr. President: Mr. Speaker:
Your Committee of Conference on House Bill No. 16!J has agreed in acC0rdance with the attached.
Hugh C. Couch, J. K. Whaley, W. D. Lanier
On the part of the Senate.
Paul S. Etheridge, W. C. Kendrick, Douglas S. Mankin.
On the part of the House.
Conference Committee Report, House Bill No. 1 6!J: PURCHASING DEPARTMENT IN CERTAIN COUNTIES
An Act to create and establish a Purchasing Department in all counties

910

JOURNAL OF THE SENATE,

of this State having a population of two hundred thousand or more by the United States census of 1940 or by any future United State~ census; to authorize the emp~oyment in such counties of a County Purchasing- Ag-ent; to fix his bond, compensation and term of office; to define hi~ dutic~; to provide for the employment by the county authorities of s~'ch assistants to the County Purchasing Agent as may be necessary to maintain and carry out the functions of a county purchasing department; to provide for the filling of vacancies in the o:i'fice hereby created; and for other purposes.
Be it enacted by the General Assembly of the State of Georg-ia and it is hereby enacted by authority of the same:
Section 1. There is hereby created in each county in thi~ State having a population of two hundred thousand or more according to the United States census of 1940 or any future United States census, a County Purchasing Department, which shall be set up, established and maintained under the jurisdiction of the Board of Commissioners of Roads and Revenues or other county authority.
Section 2. The County Purchasing Department shall be under the direction and supervision of a County Purchasing- Agent, who shall be apnointcd by the Board of Commissioners of Roads and Reven :es or other county authority for a term of one year commencing January 1 of the year 1ll-!2 and each year thereafter, except that the first appointment shall b:.: mad2 within thity days after the approval of this Act and shall extend until December :31, Hl41, and said purchasing agent shall be subject to removal from office by ~aid county authority at any ti;,le during his tenur2 of office for just cause.
Section 3. Said County Purchasing Agent shall for himsel:" and his assistants give a blanket bond in the sum of twenty-five thousand ( $25,000) dollars payable to C1e Board of Commissioners of Roads and Revenues or other county authority, conditioned upon the faithful performance by said official and his assistants of all dutLs tLvolved upon them under this act and for the faithful accounting to such county aulhority for all goods, supplies and money that may come into their hands in their official capacities and to indemnify and save such county authority harmless for and on account of all of their acts in said positions, said bond to be g-iven by said official before entering- upon the discharg-e o~ his duties and maintained by said official during his entire term, and to be approveJ by said county authority and filed in the office of said county authority. The premium on said bond shall be paid out of the county treasury.
Section 4. The compensation of >'aid County Purchasing Ag-lnt ~hall be an annual salary, payable monthly, fixed by the county authority and paid out of the county treasury.
Section 5. The Commissionl'rs of Roads and Revenue~ of the County or other County authority is also authorized to employ such assistants as may be necessary to maintain and carry out the functions of the county purchasing department and fix their salary.

WEDNESDAY, MARCH 19, 1941

911

Section 6. In the event of a vacancy in the office of County Purchasing Agent, by death, resignation, or otherwise, the said county authority is authorized to appoint a successor to serve as County Purchasing Agent until the expiration of his term of office.
Section 7. Except as otherwise provided in this Act, the County Purcha~ng Agent shall:
1. Have sole power to purchase and supervise the storage and distribution of all supplies, materials or equipment required by any department, office, ofi"icer, board, commission or other agency of the county, payment for which is made from the county treasury, except those required by the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare.
2. Prepare and keep on file in his office specifications for all supplies, materials and equipment to be purchased by him, furnishing copies of the same to prospective bidders on request and to the agencies for which the purchases are made, and require certification from such agencies that deliveries are correct as to quality, quantity, and conformance to specifications.
3. Keep at all times a record of all purchases made by him and of all emergency purchases made by the a.gencies for which he is authorized to purchase, as well as the amount paid for each it2m so purchased.
4. Keep and maintain at all times an inventory of all property owned by the county and for that purpose consolidate the inventories furnished by individual county officers pursuant to Section 91-801 of the Georgia Code of 1933.
Section 8. All supp}ies, materials and equipment shall be purchased or procured by the County Purchasing Agent, except those for the use of the departmEnts under the jurisdiction ol" the County Board of Education and the County Board of Public Welare; provided, that in the event of an emergency requiring an immediate purchase involving an expenditure of less than one hundred ($100) dollars, the agency for whose use such supplies, materials or equipment are necessary may purchase them directly under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority, making a report thereof to the County Purchasing Agent.
Section 9. If the several parts of the work or labor to be done or the supplies, materials and equipment to be furnished, or bot!-!, shall together involve the expenditure of more than five hundred ($500) dollars, such work or labor or supplies, materials or equipment shall be procured only by contract on public letting founded on sealed bids under such regulations as shall be made by the Board of Commissioners of Roads and Revenues or other county authority. The terms of such contracts, subject to such regulations and in conformity with law, shall be settled by the county attorney as an act of preliminary specification to a proposal for bids. The agency letting the contract may reject all bids if it shall deem it for the interest of the county so to do; i.f not, it shall, without other consent or approval, award the contract to the lowest responsible bidder. Such bids shall not be accepted after the time limit stated in the pro,

912

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posal for bids, and shall not be opened except in the presence of both the County Purchasing Agent and the head of the agency for whose w;e the itcms to be contracted for are necessary. Tic bids shall be deeided by the agency letting the contract. \V'c,, never a contract is a\\ aded to another than the lowest bidder, the agency awarding the same shall file in ib of:'ice and with said county aut'1ority a statement in detail of the reasons therefoL
Section 10. If the several parts of the work or labor to be done or the supplies, materials and equipment to be fumished, or both, shall together involve an expenditure of not more than five hundred ($500) dollars, the san1e may be procured on order awarded to the lowest responsible bidder upon written bids submitted without public advertisement, under such regulations as shall be made by the county authority; and, if the same s:1all involve an <;xpenditure of one hundred ( $100) dollars or less, such bids ne~d not be written but a record thereof ~hall be made by the agency proeuring the same and filed in the office of the County Purchasing Agent. Purcl-.as_s o~ ten ($10) dollars or less may be made without competition.
Section 11. No expenditure for work, labor, supplies, materiab or equipment under contract shall be made unless the n~cessity t'1ercfor be certified to by the agency for the uce of which they are intende!. All purehases made by the County Purchasing Agent shall be made only qwn rec.ipt of requisitions signed by such officers and employees of the several agcmies of the county as may be designated for t'lat purpose by the Board of Commissioners of Roads and Revenues or other county authority.
Section 12. All purchases made by the County Purchasing Aglnt shall be based upon specifications which are definite and certain and which p2rmit of competition.
Section 13. All old or waste materials and other personal property discarded, replaced, or held but not required by any agency for which the County Purchasing Agent has power to make purchases shall be surrendered to him and shall be disposed of by him under rcgulations adopted by the Board of Commissioners of Roads and Reven~ces or other county authority governing the redistribution, exc:1ange, transfer, sale or other disposition oi such property.
Section 14. Each and every phrase, clause and part of this Act is separately enacted and shouLl any part m section hereof be held invalid, for any reason, it is hereby declared the intent and purpose of the General Assemuly that th2 remaining portions of this Act shall remain in full force and effect.
Section 15. All laws and parts of laws in con~'lict with this Act are hereby repealed.
Senator Couch of the ii2nd moved that the report of the Committee on Conference be adopted.
On the motion to adopt, the ayes were :31, nays 0, and the report was
adopted.

WEDNESDAY, MARCH 19, 1941

913

B:; Messrs. Roughton of Washington and Bates of Ware:
House Bill No. 296. A bill to repeal Sections 86-1501, 86-1503 of the Code, relating to the organization, formation, and payment of expenses of a Home Guard; and for other purposes.
The report 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 Mrs. Mankin and Mr. Etheridge of Fulton; Messrs. Dunaway, Candler and Turner of DeKalb:
House Bill No. 309. A BILL
To be entitled an Act to propose an amendment to Article 7, Section 6 of the Constitution of Georgia, authorizing counties and municipal corporations to contract with each other or with public agencies, public corporations or Authorities and to convey existing facilities to any public agencies, public corporations or Authorities and to provide hospitalization facilities.
Be it enacted by the General Assembly of Georgia:
Section 1. That Article 7, Section 6' of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end of said Section 6 the following new paragTaph to be designated as Paragraph 3, to-wit:
"Paragraph 3. (a) Any city, town, municipality or county of this State may contract for any period not exceeding thirty years with each other or with any public agency, public corporation or Authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of any such city, town, municipality, county, public agency, public corporation or Authority, provided such contracts shall deal with such activities and transactions as such wbdivisions are by law authorized to undertake.
(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized by the preceding paragraph, to convey to any public agency, public corporation or Authority now or hereafter created existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or Authority and provided such facilities are to be maintained and operated by such public agency, public corporation or Authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or Authority.
(c) Any city, town, municipality or county of this State, or any com-

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bination of the same, may contract with any public agency, public corporation or Authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and faciliteis by such public agency, public corporation or Authority, and provide for the payment for such services and the cost to such public agency, public corporation or Authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources."

Section 2. That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 193!!.

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:

Adams Bargeron Barnhill Blanc1. Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Mason :McGehee Milhollin Odom Park Pilcher Ragan Rowland Smith, 24th Steed Striplin Sumner Wall Whaley

Edwards Foster Franklin Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Martin

Not voting were Senators: Almand, Bradley, Coxon, Dobbs, Fortson, Garner, Lewallen, Mosley, and Smith of 35th.

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 42, nays 0.

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

;By Mrs. Mankin and Mr. Etheridge of Fulton; Messrs. Dunaway, Candler, and

WEDNESDAY, MARCH 19, 1941

915

Turner of DeKalb:
House Bill No. 310.
A BILL To be entitled an Act to create public bodies corporate and politic to be known as Hospital Authorities; to define and provide for the exercise of the duties and powers of such Authorities; to authorize the construction by such Authorities of hospitals, sanitariums, clinics, and other public buildings in connection with hospital projects and utilities in connection with or incident to hospital projects and facilities; to provide for the issuance, sale and redemption of revenue anticipation certificates; to provide funds for such construction; to provide that such obligations shall not constitute obligations of any county or municipal corporation; to authorize counties and municipal corporations to levy taxes; to provide medical or other care and hospitalization for the indigent sick of such sub-divisions, and to contract therefor with such Hospital Authority; to authorize counties and municipal corporations to convey to such Authorities existing hospital facilities; to provide that the properties held by such Hospital Authorities and securities issued by such authorities shall be exempt from taxation and shall constitute legal investments for trustees; to provide for the exercise of the right of eminent domain by such Authorities; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. This Act may be referred to as the "Hospital Authorities Law".
Section 2. The following terms, whenever used and referred to in this Act, shall have the following respective meanings unless a different meaning clearly appears from the context:
(a) "Authority" or "Hospital Authority" shall mean any public corporation created by Section 4 of this Act. (b) "Governing Body'~ mall mean the elected or duly appointed officials constituting the governing body of cities, towns, municipalities or counties. (c) "Area of Operations" shall mean the mea within cities, towns or municipalities creating Authorities. (d) The word "Project" shall include hospitals, sanitoriums, dormitories, clinics and housing accomodations or other public buildings for the use of patients and officers and employees of any institution under the supervision and control of any Hospital Authority and all utilities and facilities deemed by the Authority necessary or convenient for the efiicient operation thereof. (e) "Participating Units" or "Participating Subdivisions" shall mean cities, towns, or municipalities or counties acting together for the creaton of an Authority. "Resolution" shall mean the resolution or ordinance to be adopted by governing bodies pursuant to which authorities are established.
Section 3. There is hereby created in and for each county and municipal corporation of the State a public body corporate and politic to be known as "The Hospital Authority" of such co;.mty or municipal corporation, which shall consist of a board of not less than five nor mure than nine trustees, to be

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appointed by a governing body of such county or municipal corporation for such term as may be authorized by the resolution hereinafter provided for. No such authority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper resolution, declare that there is need for an Authority to function in such county or municipal corporation. Any two or more cities or counties, towns or municipalities, by a like resolution by their respective governing bodies, may authorize the exercise of the powers herein provided for by an authority with respect to which the area of operation shall be confined to such participating units.
Section 4. The trustees shall be residents of the participating units comprising the authority, but their successors shall be appointed as provided for by such resolution. The trustees shall elect one of their members as chairman and another as vice-chairman and ~hall also elect a secretary and treasurer, who need not be a trustee. The trustees shall receive no compensation for their services, but s~all be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such authority shall have perpetual existence as hereinafter provided.
Section 5. Every Authority shall be deemed to exercise public and essential governmental functions and shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, mcluding, but without limiting the generality of the foregoing, the po\Yer: To sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to exercise the powers of the Authority; to acquire, lease and operate hospital projects and to provide construction, reconstruction, improvement, alteration and repair of any such project and to lease and rent for any number of years any lands, buildings, structures or facilities in any existing or hereafter established hospital project and to establish rates and charges for the use of the services of the Authority; accept gifts, grants or devises of any property; to acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein; to mortgage, pledge, assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such certificates shall not extend beyond a period of thirty years from the date of issuance thereof and provided further that such certificates shall be repayable from the revenues realized from the project or any part thereof; borrow money for any corporate purposes; to appoint officers, agents and employees; to make use of any facilities afforded by the Federal Government or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions.

WEDNESDAY, MARCH 19, 1941

917

Section 6. No Authority shall operate or construct any project for profit, and shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient together with all other funds of the Authority to pay principal and interest on certificates and obligations of the Authority; to provide for maintenance and operation of the project and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof and to provide reasonable reserves for the expansion of the facilities or services of the Authority.
Section 7. Every Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization and other charges incident thereto in connection with any facility or project as herein defined, and shall likewise have power to issue refunding certificates. Such Authorities may issue such types of certificates as may be determined by the board of trustees of such Authority, including certificates on which principal and interest are payable: (a) exclusively from incomes or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in said of such projects; (b) exclusively from income and revenues of certain designated projects; or (c) from revenues of the Authority generally. Any such certificates may be additionally secured by the hypothecation of any revenues received from participating units or sub-divisions and by mortgages of the project or any part thereof constituting real or personal pioperty of the Authority, except as prohibited by Jaw.
NeithEr the trustees of an Authority nor any person executing certificates on behalf of an Authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an Authority shall not be, and shall so state on the face thereof, a debt of the city, the county, the State of Georgia or any political subdivision thereof nor of any combination of sub-divisions acting jointly as hereunder provided. Certificates of an Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes.
Section 8. Certificates of an Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding four per centum ( 4 'lr) per annum, be in such denomination or denominatoins, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the trustees or officers of the Authority whose signatures appear on any certificates or coupons shall cease to be such trustees or officers before the delivery of such

918

JOURNAL OF THE SENATE,

certificates, such signatures shalJ nevertheless be valid and sufficient for all purposes.
Section 9. Obligations of an Authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of trustees of the Authority and the Authority may in such instruments provide for the pledging of all or any part of its gross or net fees, tolJs, charges, revenues and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges or fees and to further provide for the disposition of proceeds 1ealized from the sale of any certificates and for the replacement of lost, descroyed or mutilated certificates and necessary provisions as to payment and redemption of such certificates. Undertakings of an Authority may lih wise prescribe the procedure by which certificate holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, ccndition or obligation of the Authority. Trust indentures, mortgages or dee<ls to secure debt executed by an Authority may provide that, in the event of default by the Authority in the payment of principal and interest on certificates or obligations or breach of any covenants, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged as security for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustees or holders of certificates may enforce any right relating to such certificates. Such trust indentures, mortgages and deeds to secure debt may contain such provJswns as may be deemed necessary or desirable by the Authority not inconsistent with law.
Section 10. Any Authority shall have no power to tax, but upon the adoption of the resolution by the governing body Ol' bodies of participating units or subdivisions as herein provided and the execution of a contract for the use of facilities or services of the Authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an Authority for the payment for the services or facilities of the Authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating unit or subdivision or out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick and poor. For the purpose of providing such tax revenues there is hereby authorized to be levied an ad valorem tax not exceeding five mills exclusive of all other taxes which may be levied by counties or by cities or towns which have executed contracts with hospital authorities, from which revenues when realized there shall be appropriated annually sums sufficient to pay the cost of the use of the services and facilities of Authorities by participating subdivisions or the residents thereof pursuant to the contract between such participating units and subdivisions and an Authority. For the purpose of using such facilities any city, town, municipality or county is hereby authorized by action of its governing body to enter into contracts with an Authority for such periods of time not

WEDNESDAY, "MARCH 19, 1941

919

exceeding thirty years as shall be necessary to provide for the continued maintenance and use of the facilities of an Authority; sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts uecessary to provide for the maintenance and operation of projects of Authorities and such sums as shall be necessary to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick and poor, including reasonable reserves necessary fo~ expansion and necessary for the payment of the cost of facilities of the project; the contracts herein authorized to be entered into between cities, towns, municipalities or counties or any combination thereof with Authorities may provide for the conveyance or lease of any existing hospital facilities or projects as herein defined to an Authority created by any such cities, towns, municipalities or counties for a nominal consideration only, provided that such conveyance shall contain a clause providing that upon dissolution of the Authority the property conveyed shall revert to the city, town, municipality or county conveying the same to the Authority and providing further that no property so conveyed may be mortgaged or in any way given as security for an indebtedness of the Authority; this limitation, however, is not to be construed as limiting the right of the Authority to pledge or hypothecate revenues which may be realized by the Authority from the operation of any property so conveyed to the Authority. Any property conveyed or leased to an Authority by cities, towns, municipalities or counties shall be operated by the Authority to which the same is conveyed together with other facilities of the Authority in accordance with and under the provisions of this Act and the resolution of the governing body or bodies of participating units. Should an Authority acquire by purchase existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in this Act shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such Authority.
Section 11. Obligations of Authorities other than certificates shall be payable from general funds of an Authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves hereinbefore required to be created. Such obligations, except certificates, shall be pavable each year.
Section 12. Certificates of an Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the Authority issuing the same.
Section 13. By joint action of the board of trustees of an Authority and the governing bodies of participating units, Authorities created under and pursuant to the terms of this Act may be dissolved, provided -no such dissolution shall in any way impair the rights of third persons or the contracts of the Authority with such third persons. Disposition to be made of the property of the Authority upon dissolution shall be covered in any resolution adopted by

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JOURNAL OF THE SENATE,

participating units and the board of trustees of the Authority. At no time, however, shall any Authority upon dissolution convey any of its property except ll.S may be otherwise authorized by law to any private person, individual, association or corporation.

Section 14. The board of trustees of each Authority created hereunder shall file an annual report on forms prescribed by the State Auditor with the governing body or bodies of political subdivisions or participating units of the activities of the Authority for the year and s!lall annually consider and adopt as a part of such report a budget, which budget shall be filed with the annual report. The Board of trm;tees may hold a public hearing on the budget and representatives of any governing body within the area of operation of the Authority or any other person having an interest in such budget shall be admitted to such hearing with the right to be heard with respect to any matter covered by the report of the board of trustees or by the budget.

Section 15. In the event any clase, sentence or part of this Act be declared unconstitutional, only that part so declared shall be affected and the remainder of said Act shall continue in full force and effect.

Section 16. This Act being necessary for the welfare of the citizens of the State shall be liberally construed to effect the purposes hereof and insofar as the provisions of this Act may be inconsistent with the provisions of any Qther law, whether by charter of any political subdivision of the State or otherwise, this Act shall be controlling.

Section 17. 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.

At the request of Senator Couch of the 52nd, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Almand Barnhill Bradley Campbell Cannon Clark Coker Couch Coxon Dobbs Drake

Edwards Foster Garner Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier

Voting in the negative was Senator Mosley.

Lewallen Mason McGehee Odom Park Pilcher Rowland Smith, 35th Striplin Wall

WEDNESDAY, MARCH 19, 1941

921

Not voting were Senators: Bargeron, Bland, Burnside, Daughtry, Dorsey, Edenfield, Fortson, Franklin, Gross, Martin, Milhollin, Ragan, Smith of 24th, Steed, Sumner, and Whaley.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 34, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Edenfield of the 4th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until this afternoon at 2 o'clock.
The Senate reconvened at 2 p.m.
The consideration of Senate Bill No. 203, known as the "Pipe Line Bill", was resumed.
Sc>nator Lanier of the 18th and others offered the following resolution:
'Vhereas, the Senate of Georgia has received from the Governor a telegram from His Excellency, President F. D. Roosevelt, an expression of his, to-wit:
"I feel fully justified in advising you that this pipe line is essential to our National Defense Program," referring to the Southeastern Pipe Line now under discussion in the Senate of Georgia, and
Whereas, the Senate of Georgia is desirous of fulfilling as fully and completely as humanly possible all desires of the President of the United States for national defense, and
Whereas, the Federal Government has authority to construct and own and operate pipe lines in national defense, and
Whereas, the bill now before the Senate proposes private ownership, and not government ownership of the Southeastern Pipe Line,
Therefore, be it resolved that the President of the United States is hereby advised:
First, that the Senate of Georgia stands ready to convene at any time that the President of the United States gives notice that the Government of the United States desires to construct a pipe line in Georgia to be owned by the Government and operated by the Government, and the President is respectfully advised that the General Assembly of Georgia can reconvene on short notice at any time that three-fifths of the members of the Senate and three-fifths of the members of the House desire to reconvene and so express themselves as prcwided by law, and
Second, that the Senate of Georgia to the end that the Government may construct such pipe line will reconvene itself in session and grant to the Federal Government any and all power or permission that it may need for such pur-

922

JOURNAL OF THE SENATE,

poses.
Third, that Georgia as in all the history of this Union, stands shoulder to shoulder in backing the President in all national defense undertakings.
Fourth, be it further resolved, that a copy of this resolution be immediately sent to the President by telegram.
Lanier, of 18th, J. B. Park, Mason of 30th, 0. W. Hill, of 36th, J. H. McGehee, J. H. Milhollin, Cecil L. Franklin, of 38th, Guyton, of 1st, J. J. Bargeron, of 17th, J. D. Kirkland, of 49th, E. 0. Dobbs, of 22nd, J. H. Rowland, of 16th, John C. Foster, of 11th, W. K. Holt, of 48th, Hugh C. Couch, Hiles Hamilton, E. W. Garner, of 47th, Sumner, of lOth, S. W. Martin, D. G. Bland, of 12th, H. Dixon Smith, of 24th L. C. Ragan, of 14th, Marvin L. Gross, of 20th, J. 0. Wall, of 28th, C. W. Kiker, of 41st, J. K. Whaley, of 45th, Geo. A. Adams, of 31st.
Senator Dobbs of the 22nd, stating that he had voted under misaprehension, asked unanimous consent to change his vote from "aye" to "nay" on the final passage of the bill.
The Senator also stated that he wished to vote "aye" on the pending resolution and to vote "nay" on disagreeing with the report of the committee.
The consent was granted.
Senator Campbell of the 34th called for the previous question.
On the call for the previous question, Senator Odom of the 9th called for the ayes and nays and the call was not sustained.
The previous question was called and the main question was ordered.
On the adoption of the resolution, the ayes were 28, nays 16, and the reso-

WEDNESDAY, MARCH 19, 1941

923

lution was adopted.

On the motion of Senator Coker of the 39th that the Senate disagree to the unfavorable report of the committee on Senate Bill No. 203, Senator Smith of the 24th called for the previous question.

The call for the previous question was sustained and the main question was ordered.

On the motion to disagree, Senator Coker of the 39th called for the ayes and nays and the call was sustained.

Those voting in the affirmative were Senators:

Almand Burnside Campbell Cannon Clark Coker Coxon

Daughtry Dorsey Drake Edenfield Edwards Fortson Harrison

Houston Mosley Odom Pilcher Smith, 35th Steed Striplin

Those voting in the negative were Senators:

Adams Bargeron Bland Couch Dobbs Foster Franklin Garner Gross

Guyton Hamilton Hill Holt Kiker Kirkland Lanier Martin Mason

McGehee Milhollin Park Ragan Rowland Smith, 24th Sumner Vi' a l l Whaley

Not voting werP Senators: Barnhill, Bradley, and Lewallen.

The roll call was verified.

On the motion to disagree, the ayes were 21, nays 27, and the motion was lost.

Senator Smith of the 24th moved that the Senate do now adjourn, and the motion was lost.

Senator Edenfield of the 4th moved that the Senate do now adjourn until tonight at 7 o'clock.

Senator Edenfield of the 4th withdrew his motion to adjourn.

Senator Couch of the 52nd asked unanimous consent that the report of the Committee on Rules be amended so as to place on today's calendar the following bill of the Senate:

By Senator Couch of the 52nd: Senate Bill No. 192. A bill to authorize state banks to establish a branch

924

JOURNAL OF THE SENATE,

bank in any municipality without state or national banking facilities; and for other purposes.
The consent was gTanted.
Senator Edenfield of the 4th asked unanimous consent that when the Senate adjourns today, it stand adjourned until tonight at 7 o'clock.
There was objection.
Senator Couch of the 52nd asked unanimous consent that the report of the Committee on Rules be amended so as to place on today's calendar the following bill of the Senate:
By Senator Couch of the 52nd: Senate Bill No. 52. A bill to amend Chapter 93-3 of the Code relating to
the jurisdiction, powers, and duties of the Georgia Public Service Commission; and for other purposes.
Senator Lanier of the 18th moved that Senate Bill No. 52 be tabled.
On the motion to table, the ayes were 19, nays 12, and the bill was tabled.
The following bill of the House was taken up for the purpose of considering the disagreement of the House to the Senate amendment:
By Mr. Smith of Barrow: House Bill No. 267. A bill to repeal the Act to create a Board of Com-
missioners of Roads and Revenues for Barrow County; and for other purposes.
Senator Almand of the 27th moved that the Senate insist on its amendment to House Bill No. 267, and that the President appoint a Committee on Conference to confer with a like committee on the part of the House to endeavor to reach an agreement on the bill.
The motion prevailed, and the President announced that he would appoint a committee at a later time.
By Senator Couch of the 52nd: Senate Bill No. 192. A bill to authorize banks chartered under the laws
of Georgia to establish a branch bank in any municipality without State or National banking facilities; and for other purposes.
The report 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 Edwards of the 6th: Senate Bill No. 215. A bill to provide a service ribbon and medals of
honor for citizens of this state who entered the service of the United States in the war with the German Empire; and for other purposes.

WEDNESDAY, MARCH 21, 1941

925

The report 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 Dorsey of the 32nd: Senate Bill No. 218. A bill to establish state standards of weights and
measures; and for other purposes.
The report 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 Dorsey of the 32nd asked unanimous consent that Senate Bill No. 218 be immediately transmitted to the House, and the consent was grantee!.
Senator Edenfield of the 4th asked unanimous consent that the following bill of the House be read the first time and referred to the committee:
By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of :vluscogee:
House Bill No. 685. A bill proposing an amendment to the Constitution so as to provide for the publication of constitutional amendments in only one newspaper in each congressional district; and for other purposes.
The bill was referred to the Committee on Amendments to the Constitution.
Senator Park of the 19th moved that the Senate do now adjourn until tomorrow morning at 9 o'clock, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 9 o'clock.

926

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Thursday, March 20, 1941.
The Senate met pursuant to adjournment at 9 o'clock this morning, and was called to order by the President.
The prayer was offered by Rev. Horace S. Smith, pastor of the Martha Brown Memorial Methodist church of Atlanta.

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

Adams Almand Bland Bradley Burnside Couch Coxon Daughtry Dorsey Drake Edenfield Edwards Fortson

Foster Franklin Gross Guyton Hamilton Harrison Hill Holt Houston Kirkland Lanier Lewallen Martin

Mason McGehee Milhollin Mosley Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner

Senator Martin of the 3rd, member 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 Jou1nal was confirmed.

Senator Drake of the 8th asked unanimous consent to have the following bills of the House recommitted to the Committee on Counties and County Matters:

By Mr. Taft of Atkinson:
House Bill No. 653. A bill to repeal an Act to create the office of Commissioner of Roads and Revenue of the County of Atkinson, etc.; and for other purposes.

By Mr. Taft of Atkinson:
House Bill No. 654. A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Atkinson; and for other purposes.

The consent was granted.

The following resolution was read and adopted by a rising vote of the Senate:

By Senators Lanier of the 18th, Bland of the 12th,. Couch of the 52nd, Clark of the 44th, Redwine of the 26th, Adams of the 31st, Almand of the 27th,

THURSDAY, MARCH 20, 1941

927

Bargeron of the 17th, Barnhill of the 5th, Bradley of the 13th, Burnside of the 29th, Campbell of the 34th, Cannon of the 40th, Coker of the 39th, Coxon of the 2nd; Daughtry of the 21st, Dorsey of the 32nd, Drake of the 8th, Edenfield of the 4th, Edwards of the 6th, Fortson of the 50th, Foster of the 11th, Franklin of the 38th, Garner of the 47th, Gross of the 20th, Guyton of the 1st, Hamilton of the 42nd, Harrison of the 23rd, Hill of the 36th, Holt of the 48th, Houston of the 51st, Kiker of 41st, Kirkland of 49th, Lewallen of 33rd, Martin of 3rd, Mason of 30th, McGehee of the 25th, Milhollin of the 46th, Mosley of the 15th, Odom of the 9th, Park of the 19th, Pilcher of the 7th, Ragan of the 14th, Rowland of the 16th, Smith of the 24th, Smith of the 35th, Steed of the 43rd, Striplin of the 37th, Sumner of the lOth, Wall of the 28th, and Whaley of the 45th.
A RESOLUTION
Resolved, that the Senate of Georgia is grieved to learn of the great loss and sadness of our colleague, Hon. E. 0. Dobbs of the 22nd. In respect to our outstanding and able colleague from the 22nd, we express to him, his wife and family, our deepest regret and sympathy in this trying hour when they are so grieved by the passing on of Nathaniel Bryan Dobbs, the son of the Senator from the 22nd.
Resolved further that during the funeral hour on Friday, this Senate stand in recess for one hour, and
Resolved further that the President of the Senate appoint an honorary escort from this body to attend the funeral services in Barnesville,
Resolved further, that a copy of this resolution be wired Senator Dobbs and the Barnesville papers and that this body send an appropriate floral offering.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President:
Your Committee on Rules have had under consideration the fixing of the calendar for the day and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
That immediately following the period of unanimous consents the following be established as order of business for the day:
1. Passage of local uncontested bills.
2. Reports of standing committees and reading bills second time.
3. Reading House bills first time and refe1ence.
4. The following House bills be established as order of business for the day: House Bills Nos. 649, 274, 67, 215, 395, 396, 46; House Resolutions Nos. 44-239B, 36-137E; House Bill~ Nos. 402, 416, 448, 68, 613, 411, 237, 73, and 391.

928

JOURNAL OF THE SENATE,

5. House Bill No. 201. For purpose of disagreeing to committee report.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof:
::\:lr. President:
The House has passed by the requisite constitutional majority the following hills and resolutions of the House and Senate, to-wit:
By Messrs. Etheridge and Kendrick of Fulton, and Hicks and Rogers of Floyd:
House Bill No. 236. A bill to be entitled an Act to amend Chapter 84-4 of the Code of Georgia, regulating the Barber and Hairdresser trades in Georgia; and for other purposes.
By }fessrs. Hicks of Floyd and Roughton of Washington:
House Bill No. 36.6. A bill to be entitled an Act to amend an Act entitled an Act to provide for the establishment of a Department of Labor, by increasing the term of office of the Commissioner from two to four years; and for other purposes.
By Messrs. Smith and Smitha of Carroll:
House Bill No. 768. A bill to be entitled an Act to amend an Act creating the City Court of Carrollton; and for other purposes.
By Mr. Mixon of Irwin:
House Bill No. 750. A bill to be entitled an Act to amend an Act known as the Revenue Tax Act to legalize and control Alcoholic Beven1g'es and Liquors; and for other purposes.
By Messrs. Joiner of Cook and Connell of Lowndes: House Bill No. 714. A bill to be entitled an Act to propose to the quali-
fied voters of Georgia an amendment to the Constitution, to authorize the County of Cook to incur a bonded indebtedness; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond: House Resolution No. 103-5U3A. A resolution to designate the route trav-
eled by General Joe Wheeler through Georgia, during the War between the States, as the Joe Wheeler Highway; and for other purposes.
By Mr. Williams of Harris: House Bill ~o. 147. A bill to be entitled an Act to define an itinerant
buyer of scrap iron and junk, to l'egulate conditions under which he may buy such material; and for other purposes.
By Mr. Pittman of Berrien: House Bill No. 321. A bill to be entitled an Act to prohibit the use or
handling of poisonous snakes so as to jeopardize the safety of others; and for

THURSDAY, MARCH 20, 1941

929

other purposes.
By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton:
House Bill No. 765. 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 Mr. Heard of Elbert: House Bill No. 759. A bill to be entitled an Act to require the payment
of fees to officers in divorce cases, in Elbert County; and for other purposes.
By Messrs. Chastain and Hart of Thomas: House Resolution No. 123-715C. A resolution proposing to appropriate
$5700 to Thomas County; and for other purposes.
By Messrs. Mann of Whitfield, Smith of Carroll and Pannell of Murray: House Bill No. 606. A bill to be entitled an Act to provide for appoint-
ment of an agent for insurance companies wherein policies of insurance are sold when insurer has no agent in such counties on whom service may be perfected; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 766. A bill to be entitled an Act to define the word
"Fireworks" in counties having 200,000 population or more; and for other purposes.
By Messrs. McNall, Grayson and Atkinson of Chatham: House Bill No. 763. A bill to be entitled an Act to amend the Highway
l\1 ileage Act; and for other purposes.
By Messrs. Maddox, Hicks and Rogers of Floyd: House Bill No. 770. A bill to be entitled an Act to amend an Act entitled
an Act to amend an Act creating a new charter for the City of Rome; and for oth<:r purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 657. A bill to be entitled an Act to regulate the sale of
fireworks in counties having a certain population; and for other purposes.
By Mr. Hagan of Screven: House Bill No. 51-278A. A resolution to propose to appropriate $459.83
to reimburse Barrett Overstreet; and for other purposes.
By l\1essrs. Bates and Williams of Ware: House Bill No. 404. A bill to be entitled an Act to amend an Act known
as the General Tax Act; and for other purposes.
By :.1r. Kennedy of Tattnall:
House Bill No. 492. A bill to be entitled an Act to establish state standards of weights and measures; and for other purposes.

930

JOURNAL OF THE SENATE,

By Mr. Rees of Webster:
House Resolution No. 152. A resolution to authorize the Attorney General and Solicitors General to bring civil and criminal actions against parties allegedly defrauding the State in a certain emulsified asphalt deal; and for other purposes.
By Mr. Inglis of Habersham:
House Resolution No. 58-326A. A resolution proposing an amendment to the constitution authorizing the County of Habersham to assume school district indebtedness; and for other purposes.
By Mr. Ferguson of Camden:
House Resolution No. 167. A resolution to extend fishing and hunting rights to non-resident soldiers encamped in the State of Georgia; and for other purposes.
By Messrs. Roberts and Allison of Gwinnett: House Resolution No. 127-727A. A resolution proposing a constitutional
amendment to authorize the Sunny Hill School District to issue bonds; and for other purposes.
By Mr. Harrison of Jenkins: House Bill No. 761. A bill to be entitled an Act to amend an Act creat-
ing a new charter for the City of :Willen; and for other purposes.
By Messrs. Jones and Yawn of Dodge: House Resolution No. 131-742B. A resolution to propose a constitutional
amendment so as to authorize the County of Dodge to issue funding bonds; and for other purposes.
By Mr. Maund of Talbot: House Bill No. 252. A bill to be entitled an Act to amend Section 59-105
of the Georgia Code of 1933; and for other purposes.
By Messrs. Bates of Ware, Jones of Brantley, Atkinson of Chatham, Lewis of Burke, Gill of Bryan, and Harrison of Jenkins:
House Resolution No. 164. A resolution approving the work of the Herty Foundation; and for other purposes.
By Mr. McClure of Catoosa: House Resolution No. 76-446A. A resolution proposing that the Depart-
ment of Public Safety pay over to Catoosa County a sum not in excess of $500.00 for the hospitalization of Charles Coates; and for other purposes.
By Mr. Lovett of Laurens: House Resolution No. 162. A resolution to authorize the Motor Vehicle
Unit to make reciprocal agreements in regard to licenses for automobiles of draftees; and for other purposes.
By Senator Kiker of the 41st:

THURSDAY, MARCH 20, 1941

931

Senate Bill No. 190. A bill to be entitled an Act to incorporate the City of East Ellijay; and for other purposes.
By Senator Couch of the 52nd:
Senate Bill No. 189. A bill to provide for relief and pensons to county employees in counties having more than 2000,000; and for other purposes.
By Senator Lewallen of the 33rd:
Senate Bill No. 209. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Banks County; and for other purposes.
By Senator Whaley of the 45th:
Senate Resolution No. 54-195A. A resolution providing for issuance of Funding Bonds for Irwin County, by constitutional amendment; and for other purposes.
By Senator Kirkland of the 49th:
Senate Bill No. 135. A bill to propose a constitutional amendment to authorize Evans County to issue funding bonds; and for other purposes.
By Senator Campbell o the 34th:
Senate Bill No. 187. A bill to propose an amendment to the Constitution so as to allow Hart County to issue refunding bonds; and for other purposes.
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By :vir. Rowland of Johnson:
House Bill No. 598. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes.
By Mr. Witherington of Wilcox:
House Bill No. 264. A bill to be entitled an Act to abolish the office of County Treasurer of wilcox County; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House and requests a Committee of Conference be appointed by the President on the part of the Senate to confer with a like committee on the part of the House on same:
By Messrs. Bloodworth, Grice and weaver of Bibb, Turner, Candler and Dunaway of DeKalb and Williams of Jackson:
House Bill No. 165. A bill to be entitled an Act to appropriate to the State Welfare Department certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls; and for other purposes.

932

JOURNAL OF THE SENATE,

The Speaker has appointed as a Committee of Conference on the part of the House on House Bill No. 165, the following members of the House, to->Yit: Mrs. Guerry of Macon, Messrs. Dunaway of DeKalb, and vVeaver of Bibb.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Messrs. Kelley and Mavity of Walker: House Bill No. 373. A bill to be entitled an Act to amend the Constitution
of Georgia so as to authorize Walker County to incur additional bonded indebtedness; and for other purposes.
By Mr. Heard of Elbert: House Bill No. 695. A bill to be entitled an Act to amend the charter
of the City of Elberton; and for other purposes.
By Messrs. Lovett and Kea of Laurens: House Bill No. 716. A bill to be entitled an Act to amend the charter
of the City of Dublin; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
:\ir. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
.fy Senator Edenfield of the 4th: Senate Bill No. 168. A bill to be entitled an Act to provide for more
t'ffic-ient administration of the Public Welfare Laws of this State; and for other purposes.
By Senator Campbell of the 34th:
Senate Bill No. 206. A bill to amend the charter of the City of Covington; and for other purposes.
By Senator Campbell of the 34th:
Senate Bill No. 207. A bill to amend an Act to amend an Act incorporating the City of Covington; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House:
By Mr. Brooks of Mitchell: House Bill No. 49. A bill to be entitled an Act to provide a seed law for
Georgia; and for other purposes.
By Messrs. Williams of Harris, Roughton of \Vashington, and Calwell of Troup: House Bill No. 402. A bill to be entitled an Act to regulate the practice
of osteopathy; and for other purposes.

THURSDAY, MARCH 20, 1941

933

The following bills and resolutions of the House were read the third time and put upon their passage.
By Mr. Mcintosh of Mcintosh: House Bill No. 43. A bill to repeal an Act relating to livestock 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Aiken and Deal of Bulloch: House Bill No. 568. A bill to require all candidates for the General As-
sembly in counties having a population of 25,100 to 26,100 inhabitants, inclusive, to qualify and designate for the seats in the General Assembly from all such counties, and name their incumbent opponents; and for othe1 purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Smiley of Liberty: House Bill No. 575. A bill to grant the commiSSIOner of Roads and Rev-
enues of Liberty County the authority to provide for zoning and planning; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Allison and Roberts of Gwinnett: House Bill No. 581. A bill to amend an Act entitled "An Act to create a
new charter for the Town of Duluth, in the County of Gwinnett, and to consolidate and declare the rights and powers of said corporation; and for other purposes.
The committee offered the following amendment, which was adopted:
Mr. Houston, of the 51st District, offers the following amendment to House Bill No. 581:
By adding after section one (1) another section as follows:
Section 2. The provisions of this Act shall not become operative as an amendment to the charter of the Town of Duluth until the same shall be sub-

934

JOURNAL OF THE SENATE,

mitted to the voters of said Town qualified to vote for Mayor and Council, and approved by a majority of those voting at said election. The election shall be called by the Mayor and Council, who shall advertise the same for at least 30 days preceding the election by posting typewritten or printed copies of this Act in three public places in said Town, and a copy shall be kept during such period at the place where the public records of the Town are located. The ballots shall be provided by the Mayor and Council and shall have written or printed thereon:
"In favor of authorizing the Council of Duluth to levy and collect an ad valorem tax on all property, not to exceed one ( 1) per cent, or additional tax."
"Against authorizing the Council of Duluth to levy and collect an ad valorem tax on all property, not to exceed one (1) per cent, or additional tax."
The result of the said election shall be declared by the Mayor and Council of said Town, and entered on the minutes of the clerk of Duluth. Only one election may be held under the provisions of this Act, and the reRult thereof shall be final. Should a majority of those voting at said election not be in favor of this amendment it shall be null and void.
Second: By numbering Section 2 as Section 3.
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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By Messrs. Parker and Roberts of Walton:
House Bill No. 579. A bill to amend an Act to provide for the tax commissioners of the State of Georgia in all counties having a certain population to collect commissions on all property returned for taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of Muscogee:
House Bill No. 661. A bill to empower all counties in the State of Georgia, having a population of not less than 57,000 and not more than 80,000 to establish a pension system for the county employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 20, 1941

935

On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of Muscogee:
House Bill No. 662. A bill to provide for the appointment by the ordinaries to fill any vacancies in the office of county surveyor caused by resignation, or any cause, in all counties having a population of not less than 57,000 and not more than 80,000; 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of :vluscogee:
House Bill No. 663. A bill to empower all counties having a population of not less than 57,000 and not more than 80,000 to lay and install sanitary sewers and water mains and pipes in such counties and municipalities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By .Mr. Smiley of Liberty:
House Bill No. 664. A bill to describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passsed.
By Mr. Hogg of Marion: House Bill No. 677. A bill to amend an Act to change from the fee to
the salary system in certain counties in Georgia; by excepting Marion County from the application 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

936

JOURNAL OF THE SENATE,

By Mr. Howard of Long: House Bill No. 6'93. A bill to amend an Act creating the Board of Com-
missioners of Roads and Revenues of Long County; and for other purpose~.
The report of the committee, which was favorable to the passage of the bill, was ag-reed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Bill No. 697. A bill to amend Title 92 ("Public Revenue") Part
II, (Tax Receiver), Chapter 92-46 (in 11:eneral) by defining and limiting certain duties required of tax receivers in counties of 200,000 Ol' more population according to the census of 1940 or any future census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Resolution No. 82-485A. A resolution authorizing Fulton County
to refund to Mobley and Lunsford, the sum of $926.50 for a bond; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Pettit and Martin of Bartow: House Resolution No. 132-742C. A resolution to relieve W. A. Jones,
A. P. Reynolds and C. H. Wilbanks as sureties on the bond of D. F. Wilbanks; and for other purposes.
The report of the committee, which was fav01able to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Mr. Moate of Hancock: House Resolution No. 105-612A.

THURSDAY, MARCH 20, 1941

937

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 7 of the Constitution of Georgia so as to authorize the County of Hancock to refund bonded indebtedness and to authorize the governing authorities of the County of Hancock without a vote of the people, to authorize the issuance of refunding bonds to meet the present or any future indebtedness whether for bonds or otherwise that may be incurred; to provide for advertisement and submission; and for other purposes.

Be it resolved by the General Assembly of Georgia:

Section 1. That Article 7 of the Constitution of Georgia be and the same is hereby amended by adding thereto a new Section and Paragraph to be known as Section 18, Paragraph 1 to read as follows:

"Article 7, Section 18, Paragraph 1. The County of Hancock be and the same is hereby authorized and empowered to issue refunding bonds to be isued by the proper authorities of the County without a vote of the people to meet the present or any future indebtedness that may be incurred."
Section 2. \Vhen this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, and shall have been entered on their Journals with the "yeas" and "nays" taken thereon, it shall be published and submitted to the people, and the returns and declarations of the result shall be made, in the manner provided by the Act approved March 24, 1939, (Georgia Laws 1939, pages 305-307).

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 adoption 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:

Adams Almand Barnhill Bland Burnside Campbell Clark Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Franklin Gross Guyton Hamilton Harrison Hill Kiker Lewallen Martin Mason

McGehee Milhollin Mosley Park Pilcher Ragan Rowland Steed Striplin Sumner Whaley

Not voting were Senators: Bargeron, Bradley, Cannon, Coker, Coxon,

938

JOURNAL OF THE SENATE,

Dobbs, Foster, Garner, Holt, Houston, Kirkland, Lanier, Odom, Smith of 24th, Smith of 35th, and Wall.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By Mr. Candler of DeKalb County:
House Resolution No. 61-326D.
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 Stone Mountain 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 past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1950; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the 1etirement of said bonded indebtedness, and interest thereon past due and unpaid on January 1, 1941, or which may become due up to and including January 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 Stone Mountain may issue refunding serial bonds not in excess of the agg1egate sum o:f $20,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1950, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Stone Mountain to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1950. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Stone Mountain charged with the duty of managing its corporate affairs, and shall be validated as provided by law."
Section 2. Be it further enacted by the authority aforesaid, that when

THURSDAY, MARCH 20, 1941

939

said amendment shall be agreed to by two-thrids 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 gen:oral election, at which proposed amendments to the Constitution of this State may be voted on, same shall at said general election be s~1bmitted 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 Stone :.VIountain 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 Stone Mountain 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 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 adoption 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:

Adams Almand Bland Burnside Campbell Clark Couch Daughtry Dorsey Drake Edwards Fortson

Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Lanier }fa son

Milhollin Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Whaley

Not voting were Senators: Bargeron, Barnhill, Bradley, Cannon, Coker, Coxon, Dobbs, Edenfield, Foster, Kirkland, Lewallen, Martin, McGehee, Mosley, Odom, and Wall.

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

940

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 35, nays 0.
The resolution having received the requisite constitution two-thirds majority, was adopted.
By Messrs. Candler, Dunaway and Turner of DeKalb:
House Resolution No. 65-357 A.
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State, by adding at the end of said section a new paragraph as follows: "The Commissioner of Roads and Revenues of DeKalb County shall have authority to establish and administer sewerage,
water, and I or fire prevention systems; to establish and maintain parks and
hospitals; and to levy taxes or assessments on property therefor;" and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 11, Section 1, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph, as follows: "The Commissioner of Roads and Revenues of DeKalb County shall have authority to establish and
administer sewerage, water, and I or fire prevention systems, to establish and
maintain parks and hospitals; and to levy taxes or assessments on property therefor."
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 published in one or more newspapers in each Congressional District in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing DeKalb
County to establish sewerage, water and I or fire prevention systems, and parks
and hospitals;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, au-
thorizing DeKalb County to establish sewerage, water, and I or fire prevention
systems and parks and hospitals." And if a majority of said electors 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 elections for members of the General Assembly, then said amendment shall become a part of Article 11, Section 1, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, MARCH 20, 1941

941

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:

Adams Almand Bland Burnside Campbell Clark Couch Daughtry Dorsey Drake Edwards Fortson

Franklin Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Lanier Martin

Mason Milhollin Park Pilcher Ragan Rowland Smith, 35th Steed Striplin Sumner Whaley

Not voting were Senators: Bargeron, Barnhill, Bradley, Cannon, Coker, Coxon, Dobbs, Edenfield, Foster, Kirkland, Lewallen, McGehee, Mosley, Odom, Smith, 24th, and Wall.

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

On the adoption of the resolution, the ayes were 35, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Messrs. Blackshear and Smith of Hall:
House Resolution No. 68-375B.
A RESOLUTION To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Gainesville to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including July 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 became due and unpaid as of July 1, 1940; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
"And except that the City of Gainesville may issue refunding serial bonds not in excess of the aggregate sum of one hundred thousand ($100,000.00)

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JOURNAL OF THE SENATE,

dollars, for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid up to and including July 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 suc:t refunding bonds so issued by the City of Gainesville to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of July 1, 1940. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Gainesville, 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, same 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 1atification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds," and all persons opposed to the adopting of said amendment si1all have written or printed on their ballots, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote lor ratification thereof, when the result s:1all 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 adoption 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:

Adams Almand Bland Burnside Campbell Cannon Clark Couch

Daughtry Dorsey Edwards Fortson Franklin Garner Gross Guyton

Hamilton Harrison Hill Holt Houston Kiker Lanier Lewallen

THURSDAY, MARCH 20, 1941

943

Martin Mason Milhollin Park

Pilcher Ragan Rowland Smith, 35th

Steed Striplin Sumner Whaley

Not voting were Senators: Bargeron, Barnhill, Bradley, Coker, Coxon, Dobbs, Drake, Edenfield, Foster, Kirkland, :McGehee, Mosley, Odom, Smith of 24th, and Wall.

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution having received the requisite constitutional two-thirds majority, was adopted.

By Messrs. Swint and Goddard of Spalding:
House Resolution No. 109-646A.
A RESOLUTION
Proposing to the qualified voters an amendment to Article XI, Section II, Paragraph I of the Constitution of Georgia so as to provide for the division of Spalding County into school districts for the election of a member of the County Board of Education from each school district; to provide for their terms of office and qualifications; to provide for the election and appointment by the County Board of Education of a superintendent of the county school system, and to prescribe his qualifications and term or office; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes.

Be it resolved by the General Assembly of the State of Georgia:

Section 1. That Article XI, Section II, Paragraph 1 of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new paragraph as follows, to-wit:

"The members of the County Board of Education of Spalding County shall be elected by the people at the time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment, it shall be the duty of the ordinary of Spalding County to call an election for the purpose of electing by the qualified voters in each sc!1ool district of a member of the County Board of Education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. s:1ould a vacancy occur in the office of any member thus elected, a succe~sor shall be appointed by the Judge of the Superior Court for the unexpired term. The County of Spalding, outside of the city limits of the City of Griffin shall, by the .Judge of the Superior Court, the Ordinary, and the Clerk of the Superior Court, be laid off and divided into five school districts to be known, numbered, and designated as school district Nos. 1, 2, 3, 4 and 5; one member from each school district shall be elected to serve on said board; and only the registered and qualified voters in each

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JOURNAL OF THE SENATE,

school district shall vote for the election of a member from that district. It shall become mandatory upon the officers herein named to exercise the powers granted under this amendment.
"No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of the County Board of Education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the County School Superintendent shall be eligible to vote.
"That from and after the ratification of this amendment the Grand Jury of Spalding County shall make no future appointments of members of the County Board of Education, but the present board shall serve until theh successors are duly elected as above provided.
"No person shall be eligible to hold office as a member of the County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly.
"The County School Superintendent of Spalding County shall be elected or appointed by the County Board of Education for a term of two years and he shall hold such office until his successor is elected and qualified. From and after the ratification of this amendment be voters of Spalding County shall no longer elect the County School Superintendent, but the preHent superintendent shall serve the remainder of his elected term of office and until his successor is duly elected or appointed as above provided by the County Board of Education.
"Before any person shall be qualified or eligible to hold office as County School Superintendent, he shall have had at least two years practical experience in teaching and he shall have completed a minimum of five school years of college work and shall be graduated from an accredited college or university and hold the degree of Master of Arts, or an equivalent Master's degree, or he shall have had three years experience in actual supervision of schools and shall have completed a minimum of five school years of college and shall have graduated from an accredited college or univ~rsity and hold the degree of Master of Arts or an equivalent Master's degree."
Section 2. Whenever this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same shall have been entered on their Journals with the "ayes" and "nays" taken thereon, it shall be published, submitted to the people in an election and the returns thereof consolidated and the result declared in the manner provided in the Act of 1939, (Ga. Laws 1939, p. 305).
The report of the committee, which wa,; favorable to the adoption of the resolution, was agreed to.

THURSDAY, MARCH 20, 1941

945

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:

Drake Edenfield Edwards Adams Almand Bland Burnside Campbell Clark Couch Daughtry Dorsey

Fortson Franklin Gross Guyton Hamilton Harrison Hill Holt Lewallen Martin Mason
~cGehee

Milhollin Mosley Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Whaley

Not voting were Senators: Bargeron, Barnhill, Bradley, Cannon, Coker, Coxon, Dobbs, Foster, Garner, Houston, Kiker, Kirkland, Lanier, Odom, and Wall.

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

Mr. Steed of the 43rd 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. 121. Do pass. House Bill No. 354. Do pass. House Bill No. 83. Do pass. House Bill No. 679. Do pass as amended.
Respectfully submitted, Steed of 43rd district, chairman.
Dr. Coker of the 39th District, Chairman of the Committee on Highways llnd Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads have had under consid-

946

JOURNAL OF THE SENATE,

eration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 352. Do pass.
Respectfully submitted, Coker of 39th district, chairman.
Mr. Harrison of the 23rd District, Chairman of the Committee on Public Library, submitted the following report:
Mr. President:
Your Committee on Public Library have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 554. Do pass.
Respectfully submitted, Harrison of 23rd district, chairman.
Mr. Drake of the 8th 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 recommendations:
House Bill No. 721. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Yrr. Steed of the 43rd 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 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. 32-137A. Do pass.
House Bill No. 703. Do pass.
House Bill No. 741. Do pass as amended.
Respectfully submitted, Steed of 43rd district, chairman.
l\'[r. Dorsey of the 32nd District, Chairman of the Committee on General

THURSDAY, MARCH 20, 1941

947

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. 304. Do pass.
House Bill No. 583. Do pass.
House Bill No. 605. Do pass.
House Bill No. 660. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Lanier of the 18th 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- recommendations:
House Bill No. 593. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.
Mr. Martin 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 House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 701. Do pass.
Respectfully submitted, Martin of 3rd district, chairman.
Mr. Steed of the 43rd 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 recommendations:

948

JOURNAL OF THE SENATE,

House Bill No. 732. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Drake of the 8th 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. 735. Do pass.
House Bill No. 659. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Guyton of the 1st 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 recommendations:
House Bill No. 155. Do pass as amended.
Respectfully submitted, Guyton of 1st district, chairman.
::\fr. Daughtry of the 21st 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. 723. Do pass as amended.
House Bill No. 566. Do pass.
House Bill No. 733. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

THURSDAY, MARCH 20, 1941

949

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 recommendations:
House Bill No. 685. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Couch of the 52nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President:
Your Committee on Industrial Relations have had upder consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate wit':l the following recommendations:
House Bill No. 668. Do pass.
House Bill No. 377. Do pass as amended.
House Bill No. 275. Do not pass.
Respectfully submitted, Couch of 52nd district, chairman.
Mr. Park of the 19th 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 recommendations:
House Bill No. 674. Do pass.
Respectfully submitted, Park of 19th district, chairman.
Mr. Garner of the 47th 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 recommendations:
House Bill No. 81. Do pass.
Respectfully submitted, Garner of 47th district, chairman.

950

JOURNAL OF THE SENATE,

Mr. Daughtry of the 21st 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 recommendations:
House Bill No. 749. Do pass.
House Bill No. 756. Do pass.
House Bill No. 746. Do pass.
House Bill No. 751. Do pass. Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Guyton of the 1st 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 recommendations:
House Bill No. 740. Do pass. Respectfully submitted, Guyton of 1st district, chairman.
The following bills and resolutions of the House, favorably reported by the committees, were read the second time:
By Mr. Mixon of Irwin:
House Bill No. 81. A bill to amend the Code relative to absentee ballots; and for other purposes.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 83. A bill to amend the Code relating to architects; and
for other purposes.
By Messrs. Thompson and Hatchett of Meriwether: House Bill No. 121. A bill prohibiting any architect, landscape architect,
engineer, contractor, sub-contractor, or other person, with intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor or services performed or material furnished; and for other purposes.
By Mrs. Guerry of Macon: House Bill No. 304. A bill to amend Section 32-1503 of the Code of
Georgia, 1933, so as to strike from the sixth subdivision thereof the words,

THURSDAY, MARCH 20, 1941

951

"first Friday in December," and insert in lieu thereof the words, "third Friday in February."; and for other purposes.
By Messrs. Candler, Dunaway and Turner of DeKalb:
House Bill No. 352. A bill to amend an Act approved March 18, 1937, providing for certain powers to make traffic regulations in counties having a population of 200,000 or more by the 1930 or any future census; and for other purposes.
By Messrs. Dunaway of DeKalb, Turner and Candler of DeKalb:
House Bill No. 354. A bill to provide for compensation of Jury Commissioners and their Clerks; and for other purposes.
By Messrs. Pickett of Pickens and Hagan of Screven:
House Bill No. 377. A bill to impose a penalty upon any person, firm, or corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation to his place of designation within the corporate limits of such municipality; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 554. A bill to amend an Act giving all counties in this
State having a population of 100,000 or more the right to establish and maintain law libraries; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 566. A bill to amend the charter of the City of Atlanta; and for other purposes.
By Mr. Dupree of Pulaski:
House Bill No. 583. A bill to authorize the Clerks of the Superior Courts to make official bonds with incorporated fidelity companies as surety thereon; :mel for other purposes.
By Messrs. Evans of McDuffie, Elliott of Muscogee, Lovett of Laurens, and Culpepper of Fayette:
House Bill No. 593. A bill to restrict and limit the jurisdiction of the State Board of Tax Appeals; to provide the disposition of cases, matters and controversies now pending before the State Board of Tax Appeals; and for other purposes.
By :.viessrs. Dunaway of DeKalb; Grice and Bloodworth of Bibb:
House Bill No. 605. A bill to regulate activities in regard to the solicitation of votes in counties having a certain population according to Census; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 659. A bill to authorize the Commissioners of Roads and
Revenues, or other governing authority, having a certain population according to 1940 census, to contract for group insurance for the benefit of county

952

JOURNAL OF THE SENATE,

officers and employees; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee:
House Bill No. 660. A bill to confer the right of eminent domain for the purpose of laying water mains and pipes and sanitary sewer lines upon all counties in this State having a certain population according to census; and for other purposes.
By Messrs. Pickett of Pickens, and Yawn of Dodge:
House Bill No. 668. A bill to regulate strikes, slow downs and stoppages of work; to prohibit strikes except after certain written notices; to prohibit the calling of strikes by labor organizations having minority representation; to fix punishment for violation of this Act; and for other purposes.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: House Bill No. 6'74. A bill to provide for pensions for county employees
of Fulton County; and for other purposes.
By Mr. Richardson of Hart: House Bill No. 679. A bill to provide additional compensation for the
official stenographic reporter of Superior Courts of judicial circuits in the State having a population in said circuits of not more than 76,610 and not less than 76,600; and for other purposes.
By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of Muscogee:
House Bill No. 685. A bill to amend an Act relating to the publication of proposed constitutional amendments, by providing that such amendments shall be published in only one newspaper in each Congressional District; and for other purposes.
By Messrs. Price and Hunnicutt: House Bill No. 701. A bill to consolidate the Clarke County Board of
Health and the Board of Health of the City of Athens; and for other purposes.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 703. A bill to amend the Act creating the city court of
Colquitt County, and to amend the Act amending said Act approved March 24, 1939, by prescribing the term of office for the judge and solicitor of said court; and for other purposes.
By Mr. Hagan of Screven: House Bill No. 721. A bill to fix the compensation of the County Treas-
urer of Screven County; to provide for a referendum submitting this Act to the qualified voters of Screven County; and for other purposes.
By Mr. Rich of Union: House Bill No. 723. A bill to repeal and supersede the several Acts in-
corporating the Town of Blairsville, County of Union; to create a new charter and municipal government for said corporation; to declare the rights and

THURSDAY, :\1ARCH 20, 1941

953

powers of the same; and for other purposes.
By Mr. Griffin of Wilkes:
House Bill No. 732. A bill to establish the City Court of Washington in and for the County of Wilkes; and for other purposes.
By Mr. Wells of Telfair:
House Bill No. 733. A bill to amend and consolidate the several Acts incorporating- the Town of Milan in the Counties of Dodge and Teliair; and for other purposes.
By :\1r. Wells of Clayton: House Bill No. 735. A bill to amend an Act amending the Act creating
the Board of Commissioners of Roads and R~venue of Clayton County, by providing that certain county officers of Clayton County shall have the power to purchase office supplies necessary to carry on the leg-itimate business of said offices; and for other purposes.
By Mr. Willoughby of Clinch: House Bill No. 740. A bill to regulate and govern the opening and closing
of seasons for the hunting of deer in Clinch County; and for other purposes.
By Mr. Willoughby of Clinch: House Bill No. 741. A bill to amend an Act creating and establishmg the
County Court of Clinch in and for the County of Clinch, etc., by amending said Act so as to extend the terms of the pr2sent judge and solicitor of said court and to provide for the future elections o::' a judge and solicitor; and for other purposes.
By Messrs. Parker and Roberts of Walton: House Bill No. 746. A bill to amend the charter of the City of Social
Circle in the County of Walton, approved August 4, 1904, and Acts amendatory thereof; to authorize and provide for employment of city clerk and treasurer, their compensation and qualification, etc.; and for other purposes.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 749. A bill to amend an Act of 1939, Georgia Laws 1939,
page 1010, known as an Act to amend an Act oi' 1922 for the City of Doerun in Colquitt County; to prescribe the qualifications of the voters in the municipal elections in said City; and for other purposes.
By Mr. Gowen of Glynn: House Bill No. 751. A bill to define the limits of the Port and Harbor
of Brunswick, and to authorize the City of Brunswick and the Commissioners of Roads and Revenues for Glynn County to adopt rules and regulations for control and policing of such limits; and for other purposes.
By Messrs. Maddox, Rogers and Hicks of Floyd: House Bill No. 756. A bill to amend the Act creating a new charter and
municipal government for the City of Rome, etc., by changing the amount which

954

JOURNAL OF THE SENATE,

may be paid for the expense of keeping certain books and records of the city gov0rnment; and for other purposes.
By Mr. Wells of Clayton:
House Resolution No. 32-137 A. A resolution to provide for compensating Robert Coleman of Clayton County, Georgia, for the time he served on the State chaingang in Fulton County, for the offense of murder, the guilty person having later confessed of said crime and Coleman receiving a full pardon; and for other purposes.
By Mr. Sills of Candler:
House Bill No. 155. A bill to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this State; and for other purposes.
Senator Lanier of the 18th moved that the Senate stand in recess for one hour during the time of the funeral of Senator Dobb's son, and that the President appoint an honorary escort from the Senate to attend the funeral services.
The motion prevailed, and the President named the following Senators as an honorary escort:
Hill of the 36th, McGehee of the 25th, Harrison of the 23nl, Couch of the 52nd, and Smith of the 24th.
Senator Edwards of the 6th asked unanimous consent to take up the following bill of the House for the purpose of considering an adverse report submitted by the Committee on Hygiene and Sanitation.
By :Wessrs. Livingston of Palk, and Dallis of Troup:
House Bill No. 201. A bill to repeal an Act entitled "An Act to authorize and regulate the practice of Chiropractic in the State of Georgia;" and for other purposes.
The consent was granted.
Senator Edwards of the 6th moved that the Senate disagree to the report of the committee, which was unfavorable to the passage of the bill, and the motion prevailed.
Senator Coker of the 39th offered the following amendment which was adopted:
Senator Coker of the 39th District moves to amend House Bill No. 201 as follows:
House Bill No. 201 is hereby amended by striking therefrom in its entirety Section 3 thereof and properly renumbering the subsequent sections.
Senator Coker of the 39th offered the following amendment which was adopted:

THURSDAY, MARCH 20, 1941

955

Senator Coker of the 39th District moves to amend House Bill No. 201 as follows:
House Bill No. 201 is hereby amended by striking therefrom in its entirety Section 4 thereof and properly renumbering the subsequent sections.
On the pas~;age of the bill, the ayes were 30, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bills and resolutions of the House were read the first time, and referred to committees:
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 25. A bill to amend the code so as to eliminate the necessity of maintaining grantee index of instruments relating exclusively to per.sonal property; and for other purposes.
Referred to Committee on General Judiciary No. 1.
Dy Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 28. A bill relating to the duty of clerks of the Superior Court~ to keep an execution docket which shows the names of the parties and their attorneys, etc., and to repeal same; and for other purposes.
Referred to Committee on Special Judiciary.
By Fulton Delegation:
House Bill No. 102. A bill to amend an Act to give all courts having jurisdiction in felony and misdemeanor cases, authority in certain cases so as to mold their sentences as to allow defendants, upon a rendition of verdict of guilty to serve same outside the confines of the chaingang, etc., under supervision of the court; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Williams of Harris: House Bill No. 147. A bill to define an itinerant buyer of scrap iron and
other scrap material, to provide license for same, to regulate the conditions under which he may buy material; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Etheridge and Kendrick of Fulton; Hicks and Rogers of Floyd: House Bill No. 236. A bill to amend Chapter 84-4 of the Code of Geor-
gia regulating the barber and hairdresser trades in Georgia; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson, and Kea of Laurens:
House Bill No. 246. A bill to limit the time for enforcing deeds as secure debt on real property; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on General Judiciary No. 1.
By Mr. :.vlaund of Talbot:
House Bill No. 252. A bill to amend Section 59-105 of the 1933 Code of Georg-ia which provides for the compensation of Commissioner and Clerks for revising Jury lists by striking the figure $2.00 and substituting therefor $3.00; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Evans of McDuffie:
House Bill No. 289. A bill to enlarg2 the jurisdiction and power of the
Georgia Public Service Commission so as to aut~orize said Commission to preEcribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Pittman of Berrien:
House Bill No. 321. A bill to probihit the use or handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public or any member thereof; and for other purposes.
Referred to Committee on State of Republic.
By Messrs. Hicks of Floyd, and Roughton of Washington:
House Bill No. 366. A bill to amend an Act providing for the establishment of a Department of Labor by increasing the term of office of the Commissioner of Labor from two years to four years; and for other purposes.
Referred to the Committee on Industrial Relations.
By Messrs. Bates and Williams of Ware; Kea and Lovett of Laurens:
House Bill No. 404. A bill to amend an Act known as the General Tax Act by revising paragraph 81 thereof relating to the tax levied against packing houses, brokers and butcher plants; and for other purposes.
Referred to Committee on Finance.
By Mr. Kennedy of Tattnall: House Bill No. 492. A bill to establish State standards of weights and
measures, the duties of the Commissioner of Agriculture in connection therewith; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Brooks of Mitchell: House Bill No. 527. A bill to amend Section 92-4801 of the Code of
Georgia of 1933 relating to the bonds and amounts and conditions of bonds of Tax Collectors and Tax Commissioners in the several counties of this State; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Anderson of Wayne:

THURSDAY, MARCH 20, 1941

957

House Bill No. 594. A bill to make it illegal to cut pine trees of a diameter less than nine inches measured at a height of four feet above the ground, except for thinning and conservation purposes; and for other purposes.
Referred to Committee on :Manufactures.
By Messrs. Mann of Whitfield, Smith of Carroll and Pannell of Murray: House Bill No. 606. A bill to provide for appointment of an agent for
insurance companies in counties wherein policies of insurance are sold when insurer has no agent in such counties on whom service may be perfected; and for other purposes.
Referred to Committee on Insurance.
By Messrs. Elliott and Wohlwender of Muscogee:
House Bill No. 657. A bill to regulate the sale for distribution of fire works in every county in the State of Georgia; and for other puz:poses.
Referred to Committee on Special Judiciary.
By Messrs. Anderson of \~Tayne; and Rowland of Johnson:
House Bill No. 698. A bill to amend an Act entitled "An Act to amend Section 92-3701 of the Georgia Code of 1933 by authorizing the .several counties to levy a tax each year for the conservation of natural resources, etc."; and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Joiner of Cook, and Connell of Lowndes: House Bill No. 714. A bill to propose to the qualified voters of Georgia
an amendment so as to authorize the County of Cook to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
By 1\'Ir. Allison of Gwinnett: House Bill No. 742. A bill to amend an Act entitled "An Act to fix the
salary of the Treasurer of Gwinnett County"; and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Ansley of Lee: . House Bill No. 747. A bill to fix the compensation of Commissioners of
Roads and Revenues and Clerk in counties of this State having a population of not less than 7,837 and not more than 7,845 by the U. S. census; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Mixon of Irwin: House Bill No. 750. A bill to amend the Revenue Tax Act to legalize and
control alcoholic beverages and liquors, by providing that any county which ha~ held an election in accordance with the provisions of this act, with majority favoring legalization and control, the Ordinary may call another election upon petition of 35'/r of the voters for nullifying previous election; and for other

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JOURNAL OF THE SENATE,

purposes. Referred to Committee on Finance.
By Mr. Dean of Rockdale:
House Bill No. 752. A bill to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Hunnicutt and Price of Clarke:
House Bill No. 754. A bill to amend an Act establishing City Court in the County of Clarke so as to provide when the Judge and Solicitor of said Court shall be elected; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Heard of Elbert: House Bill No. 759. A bill to require the payment of fees of clerks and
sheriffs of the Supel'ior Court in divorce cases in Elbert County; and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Harrison of Jenkins: House Bill No. 761. A bill to amend an Act approved March 24, 1939,
creating a new charter for the City of :\'lillen, County of Jenkins, and to reincorporate said city and define its territorial limits; and for other purposes.
Referred to Committee on Municipal Government.
By :Messrs. McNall, Grayson and Atkinson of Chatham: House Bill No. 763. A bill to amend the Highway Mileage Act to pro-
vide additional mileage on a new road to be constructed across the Savannah River in Chatham County; and for other purposes.
Referred to Committee on Highways and Public Roads.
By Messrs. Etheridge, Kendrick and :Mrs. }'lankin of Fulton: House Bill No. 765. A bill 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.
Referred to Committee on Municipal Government.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 766. A bill to define the word "fireworks" as applied in
counties of 200,000 or more; and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Kendrick, Mrs. :\iankin, and Mr. Etheridge of Fulton: House Bill No. 767. A bill to amend the Pension Act of the City of
Atlanta; and for other purposes. Referred to Committee on Pensions.

THURSDAY, MARCH 20, 1941

959

By Messrs. Smitha and Smith of Carroll:
House Bill No. 768. A bill to amend an Act creating the City Court of Carrollton; and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Maddox, Hicks and Rogers of Floyd:
House Bill No. 770. A bill to amend an Act creating a new charter and municipal government for the City of Rome, define the corporate limits thereof; and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Hagan of Screven:
House Resolution No. 51-278A. A resolution appropriating $459.83 to reimburse Barrett Overstreet; and for other purposes.
Referred to Committee on Appropriations.
By Mr. Inglis of Habersham:
House Resolution No. 58-326A. A resolution proposing an amendment to the Constitution authorizing the County of Habersham to assume the school indebtedness of the several school districts; and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. McClure of Catoosa County:
House Resolution No. 76-446A. A resolution proposing that the Department of Public Safety pay the County of Catoosa sum not exceeding $500.00 as may be necessary to reimburse said County for the hospitalization of Charles Coates.
Referred to Committee on State of the Republic.
By Messrs. Lestet:, Harris and Jones of Richmond: House Resolution No. 103-593A. A resolution to designate route traveled
by General Joe Wheeler through Georgia during War between the States as the Joe Wheeler Highway.
Referred to Committee on Highways and Public Roads.
By Messrs. Chastain and Hart of Thomas:
House Resolution No. 123-715C. A resolution proposing that the sum of $5,700 be appropriated to be paid to Thomas County and the Governor be directed to draw his warrant for same out of any funds in State Treasury.
Referred to Committee on Appropriations.
By Messrs. Roberts and Allison of Gwinnet: House Resolution No. 127-727A. A resolution proposing to the qualified
voters an amendment to Article 7, Section 7, Paragraph 1 of the Constitution to authorize the Sunny Hill Consolidated School District of Gwinnett County to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.

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JOURNAL OF THE SENATE,

By Messrs. Jones and Yawn of Dodge:
House Resolution No. 131-742B. A resolution to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize the issuance of funding bonds for the retirement of county warrants or other legal indebtedness of the County of Dodge; and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Rees of Webster :
House Resolution No. 152. A resolution to propose to authorize the Attorney General and Solicitors General to bring civil and criminal actions against parties allegedly defrauding the State in a certain emulsified asphalt deal; and for other purposes.
Referred to Committee on State of Republic.
By Mr. Lovett of Laurens: House Resolution No. 162. A resolution to authorize the Motor Vehicle
Unit to make reciprocal agreements in regard to licenses for automobiles of draftees; and for other purposes.
Referred to Committee on Motor Vehicles.
By Mr. Ferguson of Camden: House Resolution No. 167. A resolution to extend fishing and hunting
rights to non-resident soldiers encamped in the State of Georgia. Referred to Committee on Game and Fish.
Under the order of business established by the Rules Committee, the following bills and resolutions of the House were read the third time and put upon their passage:
By Mr. Williams of War& House Bill No. 649. A bill creating the State Park Authority; authorizing
the Authority to construct, operate and maintain self-liquidating projects embracing the completion of the Confederate :Memorial on the side of St. :Mountain, parks, recreational areas, lakes, housing accommodations and utilitcs and other facilities, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Gowen of Glynn, Vickers of Coffee, and others: House Bill No. 274. A bill to amend the Code of 1933 relating to the
apportionment of members of the House of Representatives among the several counties, according to the last census of the United States: and for other purposes.
The report of the committee, which was favorable to the passage of the

THURSDAY, MARCH 20, 1941

961

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. Welsch and Dorsey of Cobb: House Bill No. 67. A bill to amend the Intangibles-Classification Act so
as to provide for a division of revenue derived from taxes on intangible personal property as is now paid into the General Fund of incorporated municipalities with independent school 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Lester of Richmond:
House Bill No. 215. A bill to amend Section 67-2002 of the Code of 1933 providing how liens are declared and created; and for other purposes.
Senator Houston of the 51st offered the following amendment, which was adopted:
Mr. Houston of the 51st District, offers to amend House Bill No. 215 by inserting in paragraph 3, as amended, at the end of the first line on page three, following the word "property" the following:
Provided, that the owner of the real estate improved, who has paid the agreed price or reasonable value thereof to the contractor, shall not be required to produce the sworn statement of the contractor or other person, at whose instance the work was done or the material furnished, that the agreed price or reasonable value thereof has been paid, as provided in Section 672001, Section 2, of the Code of Georgia of 1933, but payment of the agreed price, or reasonable value thereof, may be pleaded by the owner in a suit brought against him, and proved by any competent and relevant evidence, and no judgment shall be rendered against the owner, or property improved, for a greater amount than that found to be still due the contractor.
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 Messrs. Evans of McDuffie, and Lovett of Laurens:
House Bill No. 395. A bill to amend an Act relating to the payment and disposition of fees paid by persons appointed as Notaries Public by the State Librarian; and for other purposes.

962

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Evans of McDuffie and Lovett of Laurens:
House Bill No. 396. A bill to amend an Act relating to the salary of the State Librarian and Assistant State Librarian, by changing the salary of the State Librarian to three thousand ($3,000) dollars per year from all sources; and for other purposes.
The report 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 President announced the appointment of the following Conference Committee on the part of .the Senate to act with a like committee on the part of the House to consider House Bill No. 267:
Senators Clark of the 44th, Mason of the 30th, and Houston of the 51st.
Senator Daughtry of the 21st asked unanimous consent to take up the following bill of the House for the purpose of acting upon the disagreement of the House to the Senate amendments thereto:
By Messrs. Bloodworth of Bibb, Turner of DeKalb and others:
House Bill No. 165. A bill to appropriate certain sums for the support of the Negro Training Schools for Girls; and for other purposes.
The consent was granted.
Senator Daughtry of the 21st moved that the Senate insist upon its amendments and that the President name a conference committee to act with a like committee on the part of the House to endeavor to reach an agreement on the bill.
The motion prevailed, and the President appointed the following Conference Committee:
Senators Rowland of the 16th, Daughtry of the 21st, and Bland of the 12th.
At this time, the gentleman from Screven, Mr. Hagan, addressed the SE'llate, in response to a Senate privileged resolution inviting him to entertain the Senate with his original impersonations of prominent state and national characters.
The following bills of the House were read the third time and put upon their passage:

THURSDAY, MARCH 20, 1941

963

By Messrs. Williams of Harris, Roughton of Washington, and others: House Bill No. 402. A bill to amend an Act to further regulate the
practice of osteopathy and to increase tllle educational requirements; and for other purposes.
The committee offered the following amendment, which was adopted:
By Senator Burnside of the 29th: House Bill Ko. 402 is hereby amended as follows:
By striking the caption thereof in its entirety, and substituting as a caption in lieu thereof the following:
"A bill to be entitled an Act to further regulate the practice of osteopathy, to increase the education requirements of applicants for license to practice osteopathy, and to require certain fees of said applicants; to further define the practice of osteopathy, to authorize licensed osteopathic physicians to purchase, prescribe and j or usc only for the alleviation of pain certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'T1le Harrison Narcotic Act,' as amended, said Act being set out in 26 U.S. C.A. Int. Rev. Code, Section 3220 et seq., in the practic2 of their profession, to fix the rights, powers and privileges of licensees to practice osteopathy, and to amend Section 841207 of the Code of Gcorgia of 1U33, and to amend Section 84-1209 of the Code of Georgia of 1U33, and to amend Subsection (2) of Section 42-802 of the Code of Georgia of 1!J:l3, and to amend Subsection (b) of Code Section 42-806' of the Code of Georgia of HJ33, and to amend Subsection (c) of Section 42-807 of the Code of Georgia of 1933, and to amend Subsection ( 1) of Section 42-808 of the Code of Georgia of 1U33, so as to bring osteopaths within the purview o!: said Sections, insofar as the usc of the above named narcotics or their derivatives for the alleviation of pain is concerned, and for other purposes.''
Said House Bill )./o. 402 is further amended by striking Section 2 thereof in its entirety and adding in lieu thereof another Section to be known as Section 2, and reading as follows:
"Section 2. Section 84-120\J of the Code of Georgia of 11133 is hereby amended by adding at the end of said Section the following words, 'Provided, however, osteopaths shall be authorized for the alleviation of pain only to use, mix, prepare, dispense and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq., so that Section 84-120H of the Code of Georgia of 1933 shall read as follows:
"Section 84-120J. The license provided for in this Chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incorporated and reputable colleges of osteopathy, as povided for in this Chapter; Provided, however, osteopaths shall be authorized for the alleviation of pain only to use, mix, prepare, di:spense and administer certain narcotic drugs,

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to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq."
Said House Bill No. 402 is further amended by striking Section 3 thereof in its entirety.
Said House Bill No. 402 is further amended by adding thereto a new Section, to be known as Section 3, and reading as follows:
"Section 3. That Subsection (2) of Section 42-802 of the Code of Georgia of 1933, be amended by adding thereto at the end thereof the following, 'Osteopaths are also hereby authorized to secure a Federal narcotic permit as allowed physicians and other persons as provided in this Chapter; Provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq., so that when amended said Subsection 2 of Section 42-802 of the Code of Georgia of 1933 shall read as follows:
"(2) Physicians means a person authorized by law to practice medicine in this State and any other person authorized by Jaw to treat sick and injured human beings in this State and to use narcotic drugs in connection with such treatment. Osteopaths are also hereby authorized to secure a Federal Narcotic Permit as allowed physicians and other persons as provided in this Chapter; Provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Sec. 3220 et seq."
Said House Bill No. 402 is further amended by striking Section 4 thereof in its entirety, and by adding a new Section in lieu thereof, to be known as S~ction 4, and reading as follows:
"Section 4. Subparagraph (b) of Paragraph 1 of Section 42-806 of the Code of Georgia of 1933 is hereby amended by adding to said Subsection (b) at the end thereof the following: 'And to an osteopath, provided, however, that an osteopath may buy or obtain for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq., so that said Subsection (b) as amended shall read as follows:
"(b) To a physician, dentist or veterinarian and to an osteopath, provided, however, that an osteopath may buy or obtain for the alleviation of

THURSDAY, MARCH 20, 1941

965

pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq."
Section 5 of said House Bill No. 402 is amended by striking the same in its entirety and by substituting therefor another Section to be known as Section 5 and reading as follows:
"Section 5. Subsection (c) of Section 42-807 of the Code of Georgia of 1933 is amended by adding thereto at the end thereof the following: 'An apothecary only upon an official written order may sell to an osteopath in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Sec. 3220, et seq., does not exceed a proportion greater than twenty per cent of the complete solution, to be used only for the purpose of alleviation of pain,' so that said Subsection (c) of Section 42-807, as amended, shall read as follows:
"(c) An apothecary only upon an official written order may sell to a physician, dentist or veterinarian in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of narcotic drugs does not exceed a proportion greater than twenty per cent of the complete solution, to be used for medical purposes.
"An apothecary only upon an official written order may sell to an osteopath in quantities not exceeding one ounce at any one time aqueous or oleaginous solution of which the content of certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220 et seq., does not exceed a proportion greater than twenty per cent of the complete solution, to be used only for the purpose of alleviation of pain."
Said House Bill No. 402 is amended by striking Section G thereof in its entirety and adding in lieu thereof another section to be known as Section G, and reading as follows:
"Section G. Subsection 1 of Section 42-808 of the Code of Georgia of 1933 is hereby amended by adding at the end thereof the following words, 'An osteopath in good faith and in the course of his professional practice only may prescribe, administer and dispense for the alleviation of pain only, certain narcotic drugs, to-wit, those drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Section 3220, et seq., or he may cause the same to be so administered by a nurse or interne under his direction and supervision,' so that Subsection 1 of Section 42-808 of the Code of Georgia of 1933, as amended, shall read as

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JOURNAL OF THE SEI'\ATE,

follows:
" ( 1) A physician or a dentist in good faith and in the course of his profession practice only may prescribe, admini~ter and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
An osteopath in good faith and in the course of his professional practice only may prescribe, administer and dispense only for the alleviation of pain certain narcotic drugs, to-wit, those drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S.C.A. Int. Rev. Code, Sec. 3220, et. seq., or he may cause the same to be so administered by a nurse or interne under his direction and supervision."
Said House Bill No. 402 is further amended by striking Section 7 thereof and adding in lieu thereof another section to be known as Section 7 and reading as follows:
"Section 7. Be it further enacted that all laws or parts of law5 which may be in conflict herewith are hereby repealed."
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 Coker of the 39th asked unanimous consent to have House Bill No. 402 immediately transmitted to the House, and the consent was granted.
By Messrs. Suggs and Ferguson of Sumter:
House Bill No. 46. A bill to provide for and designate the line through which time for the State of Georgia shall be determined; and for other purposes.
Senator Smith of the 24th offered the following amendment:
Senator Smith of the 24th District moves to amend House Bill No. 46 by adding a new Section after Section 2 of said bill to be numbered and to read as follows:
"Section 2a. Provided, however, that this Act shall not become effective unless and until the Interstate Commerce Commission shall have first changed the time zone applicable to Georgia in accordance with the terms of this bill regulating the time and schedules of trains, 4:msscs and other public utilities over which said Interstate Commerce Commission has jurisdiction and control."
On the adoption of the amendment, Senator Coket of the 3!lth called for the previous question, and the call was sustain<'d, ayes 32, nays 2.
Senator Lanier of the 18th moved to reconsider the call for the previous

THURSDAY, MARCH 20, 1941
question.
On the motion to reconsider, the ayes were 19, nays 13, and the motion prevailed.
Senator Lanier of the 18th asked unanimous consent to be allowed to cast his vote on the amendment and on the final passage of the bill at this time and retire; and the consent was granted.
Senator Lanier voted "aye" on the amendment and "aye" on the bill, and was so recorded.
Senator Houston of the 51st asked unanimous consent that when the Senate adjourns the morning session, it stand adjourned until 2 o'clock this afternoon; and the consent was granted.
Senator Edwatds of the 6'th asked unanimous consent that the Senate stay in session until final disposition of the pending bill; and the consent was granted.
Senator Fortson of the 50th moved the question, and the call was sustained.
The main question was ordered.
The question was on the adoption of the amendment offered by the Senator from the 24th.
On the adoption of the amendment, the ayes were 13, nays 32, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passagt' of the bill, the ayes were 35, nays 8.
The bill, having received the requisite constitutional majority, was passed.
Senator Smith of the 24th gave notice that at the proper time he would move to reconsider the action of the Senate in passing House Bill No. 46.
Senator Campbell of the 34th moved that House Bill No. 46 be immediately transmitted to the House.
On the motion to transmit, the ayes were 29, nays 10, and the motion prevailed.
Senator Smith of the 24th moved that the Senate do now adjoum until 2 o'clock this afternoon, and the motion prevailed.
The Senate reconvened at 2 p.m. and resumed the regular transaction of business.
The following bills and resolutions of the House were read the third time and put upon their passage:

968

JOURNAL OF THE SENATE,

By Messrs. Dorsey of Cobb, Grice of Bibb; and others:
House Bill No. 416. A bill to amend and revise the adoption laws set forth in Chapter 74-4 of the Code of 1933, providing for an investigation and report to the Superior Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Clark of the 44th asked unanimous consent to be allowed to vote at this time and retire; and the consent was granted.
Senator Clark voted "aye" and was so recorded.
Senator Mason of the 30th and Senator Houston of the 51st asked unanimous consent that they be allowed to vote at this time and retire; and the consent was granted.
The Senators voted "aye" and were so recorded.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Rowland of the 16th submitted the following report of the Conference Committee on House Bill No. 165:
The Conference Committee appointed by the House of Representatives and the Senate to consider the disagreement of the House with the two Senate amendments to House Bill No. 165 offer the following amendment as a substitute for said Senate amendments:
That said bill be amended by striking the figures "$15000.00" in Section 1 and inserting in lieu thereof the figures "$10,000.00,'' and by striking from said Section the figures "$20,000.00" and inserting in lieu thereof the figures "$15,000.00" and by adding to said section immediately after the figures, "$20,000.00" striken as above, the words "and annually thereafter the sum of $20,000.00", so that said section as amended shall read as follows:
"Section 1. That there is hereby appropriated to the State Department of Public Welfare out of the general funds of the State Treasury, to be used by said Department fo1 the sole purpose of equipping, maintaining and operating the colored division of the Georgia Training School for Girls, created and established by the Act approved March 31, 1937, and located in Bibb County, Georgia, the following sums, to-wit:
For the remainder of the fiscal year ending June 30, 1941, $10,000.00 (which sum includes expenses for necessary equipment).
For the fiscal year ending June 30, 1942, $15,000.00, and annually thereafter the sum of $20,000.00.
Said appropriations shall be in addition to any other appropriations made or to be made to the State Department of Public Welfare or to the Colored

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969

Division of the Georgia Training School for Girls."
J. H. Rowland, A. W. Daughtry, D. G. Bland.
On the part of the Senate. A. H. Weaver, Mrs. John B. Guerry, John A. Dunaway,
On the part of the House.
Senator :vrcGehec of the 25th moved that the report of the Conference Committee be adopted, and the motion prevailed.
The following resolution of the Senate was read and adopted:
By Senator Edenfield of the 4th:
Senate Resolution No. 69-228. A resolution providing for certain officials and members of the Senate and attaches to remain at the Capitol after adjournment for the purpose of clearing and closing the business of the session; and for other purposes.
The following resolution of the Senate was read and adopted:
By Senators Redwine of the 26th and Wall of the 28th:
Senate Resolution No. 71-228. A resolution proposing that the State Prison and Parole Commission be directed to assign 50 Negro trusty convicts to University System of Georgia for work at the Experiment Station; and for other purposes.
Senator Campbell of the 34th asked unanimous consent to have the report of the Committee on Counties and County Matters on House Bills Nos. 563 and 564 read to the Senate.
Senator Edwards of the 6th objected.
Senator Campbell of the 34th moved to have the report of the Committee on Counties and County Matters read.
Senator Lanier of the 18th moved to postpone the entire matter before the Senate as to the reading of the committee report; and the motion prevailed.
Senator Edwards of the 6th moved that the Senate give a rising vote of confidence in the chairman of the Committee on Counties and County Matters, the members of said committee, and also the President of the Senate; and the motion prevailed.
Senator Clark of the 44th submitted the following report of the Conference Committee of the Senate and House on House Bill No. 267:
We, the Conference Committee of the Senate and House on House Bill No. 267, beg leave to report that we have agreed to the Senate amendment, and

970

JOURNAL OF THE SENATE,

respectfully ask that the same be sent back to the House to concur therein.

This March 20, 1941.

Clark of 44th, Chairman, John C. Houston of 21st, T. S. Mason of 30th, Hogg of Marion, Roberts of Walton, H. B. Smith of Barrow.

Senator Clark of the 44th moved that the report of the Conference Committee be adopted, and the motion prevailed.

Senator Lanier of the 18th moved that for the remainder of the session the corridor at the rear of the Senate Chamb<!r be kept clear of all visitors except those entitled to the privileges of the floor and those having urgent business with Senator:;;; and the motion prevailed.

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

By Messrs. Ford and Jones of Worth, Sabados of Dougherty, and others:
House Bill No. 448. A bill to name certain fish as fresh water fish, game fish; to provide fishing seasons; and for other purposes.
Senator Campbell of the 34th offered the following amendment, which was adopted:
Senator Campbell of the 34th moves to amend House Bill No. 448 by striking the word "Newton" appearing in line ten of Section 5.

Amends further by adding the words "Newton, Jasper and Henry" after the word "Butts" in line 15 of Section 5.
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 Edenfield of the 4th asked unanimous consent to have House Bill No. 448 immediately transmitted to the House; and the consent was granted.
By Messrs. Sabados and Wetherbee of Dougherty, and others: House Resolution No. 44-239B. A resolution confirming suspension of
tax on motor fuels used in the training of air pilots; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agTeed to.
On the adoption of the resolution, the ayes were 32, nays 0.

THURSDAY, MARCH 20, 1941

971

The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Horne of Crisp, Witherington of 'Vilcox, and others: House Bill No. 68. A bill to amend Section 5-9914 of the Code of Geor-
gia of 1933, wherein it is made unlawful to buy certain farm products without paying for the same, by adding between the word "tar" and the words "or other products" etc., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Bloodworth, Weaver and Grice of Bibb:
House Bill No. 613. A bill to authorize counties, municipal corporations, and political divisions of this State to appropriate money, and to lease, lend,
sell, or donate property, and to lend credit to the State of Georgia, and I or
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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:
By Messrs. Bates of 'Vare, Jones of Brantley and others: House Resolution No. 164. A resolution approving the action of the Herty
Foundation Laboratory in doing such experimental work as the Foundation receives pay for; and for other purposes.
The following privileged resolutions were read and adopted:
By Senator Fortson of the 50th: A resolution extending the privileges of the floor to Mrs. J. 0. Wall, wife
of the distinguished Senator of the 28th, and to Mrs. D. G. Bland, wife of the distinguished Senator of the 12th.
By Senator Edwards of the 6th: A resolution extending the privileges of the floor to Ron. and Mrs. R. Y.
Scruggs of Hahira, Ga., and Ron. and Mrs. Ed Chambers of Atlanta.
By Senators Edenfield of the 4th and Lanier of the 18th: Resolved, that the Senate of Georgia expresses its appreciation of the
fact that the three charming young lady attaches of the office of the Secretary of the Senate, namely: Eleanor Moser, Anne Crozier, and Jane Reilly, have so efficiently, willingly and ably aided our Secretary and the Senate in

972

JOURNAL OF THE SENATE,

all its undertakings, and it is our hope that we shall at future sessions have the aid of these three fine young ladies.
By Senators Fortson of the 50th, Lanier of the 18th and Steed of the 43rd:
Whereas, members of the Senate have been aided tremendously in the placing of their telephone calls and receiving of calls by the untiring, prompt and efficient service of the three young ladies in attendance, and
Whereas, these three young ladies, Miss Jean Redwine, Miss Lona Deal, and Mrs. Allene Harris, have not only by their uniform courtesy and lovable disposition, but by their pleasant and delightful personalities, endeared themselves to all the members of the Senate.
Whereas, these charming young ladies deserve a warm recommendation for their thoughtful service to all members of the Senate,
Now therefore be it resolved, that this Senate do hereby extend its warmest thanks and congratulations to Miss Jean Redwine, Miss Lona Deal, and Mrs. Allene Harris, for the splendid cooperation and service they have given each member.
By Senator Striplin of the 37th:
A RESOLUTION Whereas, markets for crops other than cotton have long been needed by the farmers of Georgia, and
Whereas, the Commissioner of Agriculture is building one of the largest farmers' markets in the United States for the purpose of promoting marketing in Georgia, and
Whereas, the National Defense Program is vitally dependent upon farm products, and
Whereas, the Commissioner of Agriculture is working out a program with the various military camps whereby they can be sold Geo1gia farm products direct from the farmers of our state, and
Whereas, this body having inspected the new State Farmers' :Market now under construction, most heartily commend our Commissioner of Agriculture for his successful efforts in doing this, therefore
Be it resolved that a copy of this resolution be spread on the Journal of this body and a copy be submitted to the Honorable Tom Linder, Commissioner of Agriculture.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

THURSDAY, MARCH 20, 1941

973

By Senators Houston of the 51st and Milhollin of the 46th: Senate Bill No. 97. A bill to be entitled an Act to provide for a recount
of ballots in all primary elections in Georgia for the nomination of certain candidates for state house offices; and for other purposes.
Mr. President:
The House has agreed to adopt the report of the Committee of Conference appointed by the Speaker of the House and President of the Senate, to consider the following bill of the House, to-wit:
By Messrs. Bloodworth, Grice and \Veaver of Bibb, Turner, Candler and Dunaway of DeKalb, and Williams of Jackson:
House Bill No. 165. A bill to be entitled an Act to appropriate to the Department of Public Welfare a certain amount for the maintenance and support of the Negro Division of the Georgia Training Schools for Girls; and for other purposes.
Senator Edenfield of the 4th moved that the Senate do now adjourn until 9 o'clock tomorrow morning, and the motion prevailed.
Senator Couch of the 52nd, acting for the President, announced the Senate adjourned until tomorrow morning at 9 o'clock.

974

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Friday, March 21, 1941.

The Senate met pursuant to adjournment at 9 o'clock this morning, and was called to order by the President.

Prayer was offered by the Chaplain.

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

Adams Almand Bargeron Campbell Barnhill Bland Burnside Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield Edwards

Fortson Foster Franklin Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin Mason

McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Senator Odom of the 9th, Vice-Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

Senator Campbell of the 34th gave notice that at the proper time he would move to 1econsider the action of the Senate in passing the following bill of the House, to-wit:

By Mr. Williams of Ware:
House Bill No. 649. A bill to create the State Park Authority; authorizing the maintenance and completion of the Confederate Memorial at Stone Mountain; and for other purposes.

By unanimous consent the reading of the Journal was dispensed with.

Senator Campbell of the 34th moved that the Senate reconsider its action in passing House Bill No. 649, and the motion prevailed.

The Journal was confirmed.

Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules have had under consideration the fixing of the

FRIDAY, MARCH 21, 1941

975

calendar for the day, and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
That immediately following period of unanimous consents that following be established as order of business for the day:
1. Passage of local uncontested bills and resolutions.
2. Reports of standing committees and reading of bills second time.
3. The following House bills be established as the order of businesss for the day: House Resolution No. 36-137E; House Bills Nos. 411, 237, 73, 141, 377, 686, 121, 593, 126, 685; House Resolution No. 16-45A; House Bills Nos. 391, 302, 315, 439, 671, 192, 155, 81; House Resolution No. 57-307; House Bill No. 83; House Resolution No. 59-326B; House Bills Nos. 304, 353, 16'1.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The report of the Committee on Rules, which established the order of business for today, was adopted.
The following privileged resolutions were read and adopted:
By Senator Dorsey of the 32nd: A resolution extending the privileges of the floor to Prof. \V. H. Farguson,
distinguished citizen of Fannin County.
By Senator Steed of the 4ilrd: A resolution extending the privileges of the floor to the Ron. J. Roy
McGinty, former President of the Georgia Press Association and distinguished editor.
By Senators Mason of the 30th and Kiker of the 41st: A resolution extending the privileges of the floor to the Ron. Allison S.
Prince, distinguished citizen of Blue Ridge, Georgia.
By Senator Odom of the 9th: A resolution extending the privileges of the floor to the Ron. D. G. Jones,
distinguished citizen of Baker County.
By Senator Dorsey of the 32nd: A resolution extending the privileges of the floor to the Ron. H. B. Smith
and his charming daughter, Miss Ruby Smith.
By Senator Kirkland of the 49th: A resolution extending the privileges of the floor to the Ron. Laurence
K. Kennard, President of the Mette1 Banking Company, and the Hon. Paul L. Myers, Postmaster of Metter, Georgia.
By Senator Drake of the 8th: A RESOLUTION
Whereas, Honorable Cooper Bradley, the distinguished Senator from the

976

JOURNAL OF THE SENATE,

13th District is in the printing business, and
Whereas, he did a most excellent job in printing the stationery for the Senators with their name, district, and committees on it, and
Whereas, it will be necessary for the Secretary to designate someone to print the Senate Journal,
Therefore be it resolved, that the Secretary of the Senate be authorized to award the printing of this Journal to Senator Bradley, and pay him the price usually paid for such work. It being the desire of the Senate that our colleague have the printing of the Journal, at the same time do it on a reasonable, equitable basis.
The following bills of the House were read the third time and put upon their passage:
By Me~srs. Candler, Dunaway and Turner of DeKalb: House Bill No. 352. A bill to amend an Act to provide for certain powers
to make traffic regulations in counties having a population of 200,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage. of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Dunaway of DeKalb, Turner and Candler of DeKalb: House Bill No. 354. A bill to provide for the compensation of Jury Com-
missioners and their clerks; and for other purposes.
The report 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 Mrs. :vlankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 554. A bill to amend an Act giving all counties in this
State having a population of 100,000 or more the right to establish and maintain law libraries; and for other purposes.
The report 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. Dupree of Pulaski: House Bill No. 583. A bill to authorize the clerks of the Superior Courts

FRIDAY, MARCH 21, 1941

977

to make official bond with incorporated fidelity company as surety thereon; and for other purposes.
The report 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. Dunaway of DeKalb, Grice and Bloodworth of Bibb:
House Bill No. 605. A bill to l'egulate activities in regard to the solicitations of votes in counties having a population according to census; and f<Jr <Jther purposes.
The report 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. Elliott and Wohlwender of Muscogee:
House Bill No. 659. A bill to authorize the Commissioners of Roads and Revenues, or other governing authority, having a certain population according to 1940 census, to contract for group insurance for the benefit of County officers and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton:
House Bill No. 674. A bill providing for pensions for County employees of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Richardson of Hart:
House Bill No. 679. A bill providing additional compensation for the official stenographic teporter of Superior Courts of judicial circuits in the State of Georgia having a population in said circuits of not more than 76,610 and not less than 76,600; and for other purposes.
The committee offered the following amendment, which was adopted:

978

JOURNAL OF THE SENATE,

Senator Adams of the 31st moves to amend House Bill No. 679 by striking from the title thereof the words, "and for other purposes", in the last line of said title, and inserting in lieu thereof, immediately following the word census the words, "and to specify the counties in said circuits to which the provisions of t~is Act shall not apply; and for other purposes."
Also to amend Section 2 of said bill by adding to said section at the end thereof, the following words:
"Provided, further, that the provisions of this Act shall not apply to any county or counties in said judicial circuits having a population by said census of not more than 15,615, and not less than 15,605. Neither shall the provisions of said Act apply to Franklin 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
fly Messrs. Parker and Roberts of Walton: House Bill No. 746. A bill to amend the charter of the City of Social
Circle in the County of Walton; and for other purposes.
The report 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 Barber and Barlow of Colquitt: House Bill No. 749. A bill to amend an Act of 19:39, Georv;ia Laws 1939,
page 1010, known as an Act to amend an Act of 1922 for the City of Doerun in Colquitt County, Georgia; and for other purposes.
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 30, nays 0.
Th2 bill, having received the requisite constitutional majority, was passed.
By Mr. Gowen of Glynn: House Bill No. 751. A bill to define the limits of the Port and Harbor of
Brunswick, and to authori;:e the City of Brunswick and the Commi~sioners of Roads and Revenues for Glynn County, Georgia; and for other purposes.
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 30, nays 0.

FRIDAY, :::v.IARCH 21, 1941

979

The bill, having received the requisite constitutional majority, was passed.
House Bill No. 7 5G. A bill to amend an Act entitled an Act to create 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Price and Hunnicutt of Clarke: House Bill No. 701. A bill to amend an Act to Consolidate the Clark
County Board of Health and the Board of Health of 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 passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Barber and Barlow of Colquitt: House Bill No. 703. A bill to amend the Act creating the city court of
Colquitt County, and to amend the Act amending said Act approved March 24, 1939; and for other purposes.
The report 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. Hagan o Screven: House Bill No. 721. A bill to fix the compensation of the County Treas-
urer of Screven County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa~sage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Rich of Union: House Bill )Jo. 723. A bill to repeal and supersede the several Acts
int::orporating the Town of Blairsville, in the County of Union, State of Georgia; and for other purposes.
The committee offered t~e following amendment, which was adopted: Senate amendment to House Bill No. 723:

980

JOURNAL OF THE SENATE,

By striking the year 1941 whenever same appears in said bill and inserting in lieu thereof the year 1942. Also by striking the year 1942 wherever same appears in said bill and inserting in lieu thereof the year 1943. Also by striking the word "annually" wherever same appears in the following Sections: Section 3, line 10; Section 4, line 3; Section 8, line 2; Section 11, line 2, and inserting in lieu thereof the word "Biannually" in said Sections and lines. Alw by striking the words "One year" in Section 4, line 7, and inserting in lieu thereof the words "two years".
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Griffin of Wilkes:
House Bill No. 732. A bill to establish the City Court of Washington in and for the County of Wilkes; and for other purposes.
The report 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. Wells of Telfair:
House Bill No. 733. A bill to amend and consolidate the several Acts incorporating the Town of Milam in the Counties of Telfair and Dodge; and for other purposes.
The report 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. Wells of Clayton: House Bill No. 735. A bill to amend an Act amending the Act creating
the Board of Commissioners of Roads and Revenue of Clayton County, Gt>orgia, by providing that certain county officers of Clayton County ,;hall have the power to purchase office supplies generally that are necessary to prop<o>rly carry on the legitimate business of said offices; and for other purpose~.
The report 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.

FRIDAY, MARCH 21, 1941

9fll

By Messrs. Simmons and Mills of Decatur:
House Bill No. 192. A bill to amend an Act of the General Assembly amending the Income Tax Laws by providing certain exemptions from the operation of the 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 566. A bill to amend the charter 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 30, nayss 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Edwards of the 6th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted:
By Mr. Miller of Lanier: House Bill No. 743. A bill to amend the Act creating a Board of Com-
missioners of Roads and Revenues for the County of Lanier by changing the compensation of the members of said board; and for other purposes.
The consent was granted.
Senator Campbell of the 34th asked unanimous consent to have the following bill of the House withdrawn from the Committee on Motor Vehicles, read the second time and recommitted:
By Mr. Turner of DeKalb: House Bill No. 282. A bill to amend an Act so as to make the operation
of trackless trolleys subject to the same municipal ordinances and the same taxes; 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 Manufactures, read the second time and recommitted:
By Mr. Anderson of Wayne: House Bill No. 594. A bill to make it illegal to cut pine trees of a diame-
ter less than nine inches; and for other purposes.

982

JOURNAL OF THE SENATE,

The consent was granted.
Senator Adams of the 31st asked unanimous consent to have the following resolution of the House withdrawn from the Committee on Amendments to the Constitution, read the second time and recommitted:
By Mr. Inglis of Habersham:
House Resolution No. 58-326A. A resolution proposing an amendment to the Constitution, authorizing the County of Habersham to assume the school indebtedness of the several school districts; and for other purposes.
The consent was granted.
Senator Steed of the 43rd asked unanimous consent to have the following bills of the House withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
By Mr. Evans of McDuffie:
House Bill No. 289. A bill to enlarge the jurisdiction and power of ~he Georgia Public Service Commission so as to authorize said Commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms o1 private corporations; and for other purposes.
By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 657. A bill to regulate the sale for distribution of fire
works in every county in the State of Georgia; and for other purpo.>es.
The consent was granted.
Senator Guyton of the 1st asked unanimous consent to have the following bill of the House withdrawn from the Committee on Insurance, read the second time and recommitted:
By Messrs. Mann of Whitfield, Smith of Carroll and Pannell of Murray:
House Bill No. 606. A bill to provide for appointment of an agent for msurance companies in counties wherein policies of insurance are sold whe1: insurer has no agent in such counties on whom service may be perfected; and for other purposes.
The consent was granted.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 127-727A. Do pass.

FRIDAY, MARCH 21, 1941

983

House Resolution No. 131-742B. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Campbell of the 34th 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 recommendations:
House Resolution No. 162. Do pass.
Respectfully submitted, Campbell of 34th district, chairman.
Mr. Park of the 19th 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 recommendations:
House Bill No. 767. Do pass.
Respectfully submitted, Park of Hlth district, chairman.
Mr. Couch of the ii2nd 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 SPnate with the following recommendations:
House Bill No. 366. Do pass.
Respectfully submitted, Couch of 52nd district, chairman.
Mr. Drake of the 8th 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:

984

JOURNAL OF THE SENATE,

House Bill No. 675. Do pass.
House Bill No. 676. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Steed of the 43rd 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. 754. Do pass.
House Bill No. 28. Do pass.
House Bill No. 768. Do pass.
House Bill No. 766. Do pass. House Bill No. 759. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Rowland of the 16'th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 86.
Respectfully submitted, Rowland of 16th district, chairman.
Mr. Houston of the 51st 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. 102. Do pass by substitute.
House Bill No. 527. Do pass. Hou~e Bill No. 25. Do pass.

FRIDAY, MARCH 21, 1941

985

House Bill No. 246. Do pass as amended.
Respectfully submitted, Houston of 51st district, chairman.
Mr. Drake of the 8th 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. 752. Do pass.
House Bill No. 742. Do pass as amended.
House Bill No. 536. Do not pass.
House Bill No. 653. Do pass with referendum.
House Bill No. 654. Do pass with referendum.
House Bill No. 743. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Houston of the 51st 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 recommendations:
House Bill No. 587. Do not pass.
Respectfully submitted, Houston of 51st district, chairman.
Mr. Dorsey of the 32nd 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. 492. Do pass.
House Bill No. 698. Do pass.

986'

JOURNAL OF THE SENATE,

House Bill No. 252. Do pass.
Respectfully submitted, Dorsey of 32nd district, chairman.
Mr. Fortson of the 50th District, member of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
Senate Bill No. 189.
Respectfully submitted, Fortson of 50th district, member.
Mr. Holt of the 48th 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 con. sideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 714. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Mason of the 30th District, Chairman of the Committee on Appropriations, submitted the following teport:
Mr. President:
Your Committee on Appropriations 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. 51-278A. Do pass.
House Resolution No. 123-715C. Do pass.
Respectfully submitted, Mason of 30th district, chairman.
'Mr. Clark of the 44th 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 have instructed me as Chair-

FRIDAY, MARCH 21, 1941

987

man, to report the same back to the Senate with the following recommendations:
House Bill No. 147. Do pass.
House Bill No. 321. Do pass.
House Resolution No. 76-446A. Do pass.
Respectfully submitted, Clark of 44th district, chairman.
Mr. Daughtry of the 21st 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. 765. Do pass.
House Bill No. 770. Do pass.
Respectfully submitted, Daughtry of 21st district, chairman.
Mr. Martin of the 3rd District, Chairman of the Committee on Hygiene and Sanitation, submitted the following rep.ort:
Mr. President:
Your Committee on Hygiene and Sanitation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 236. Do pass.
Respectfully submitted, Martin of 3rd district, chairman.
Dr. Coker of the 39th 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 considera-
tion the following resolution and bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 103-593. Do pass.
House Bill No. 763. Do pass.

988

JOURNAL OF THE SENATE,

Respectfully submitted, Coker of 39th district, chairman.
Mr. Lanier of the 18th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 750. Do pass.
House Bill No. 404. Do pass.
Respectfully submitted, Lanier of 18th district, chairman.
Mr. Daugherty of the 21st 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 recommendations:
House Bill No. 761. Do pass.
Respectfully submitted, Daugherty of 21st district, chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Striplin of the 37th: Senate Bill No. 227. A bill to create a Board of Commissioners of Roads
and Revenues for the County of Heard; and for other purposes.
By Senator Kirkland of the 49th: Senate Bill No. 219. A bill providing that certain districts in Bulloch
County be authorized to levy an additional tax; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Guyton of the 1st: Senate Bill No. 173. A bill to be entitled an Act to provide for the
identification of the voters in all primary elections within this State; and

FRIDAY, MARCH 21, 1941

989

for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House:
By Mr. Witherington of Wilcox:
House Bill No. 265. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Wilcox County, etc.; and for other purposes.
The House requests the appointment of a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House, and the Speaker has appointed as a Committee on the part of the House the following members of the House, to-wit:
Messrs. 'Vitherington of Wilcox, Horne of Crisp, Hooks of Emanuel.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
By Mr. Smith of Barrow:
House Bill No. 267. A bill to be entitled an Act to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for County of Barrow," and to enact in lieu thereof an Act to create a new Board of Commissioners; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
By Senator Hill of the 36th: Senate Bill No. 87. A bill to be entitled an Act to amend Section 4 of
the Act creating the State Board of Education; and for other purposes.
By Senator Campbell of the 34th and Edwards of the 6'th: Senate Bill No. 66. A bill to be entitled an Act to regulate the use of
the public roads and Highways of this State; and for other purposes.
By Senators Redwine of the 26th, Clark of the 44th, Edenfield of the 4th, and Smith of the 24th:
Senate Bill No. 80. A bill to be entitled an Act to permit insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; and for other purposes.
By Senator Edwards of the 6th:
Senate Bill No. 67. A bill to be entitled an Act to repeal Section 68-1001 of the Georgia Code of 1933 providing for authority to the State Revenue Commission to negotiate reciprocal agreements; and for other purposes.
:\ir. President: The House has agreed to the Senate substitute for the following bills of
the House, to-wit:

990

JOURNAL OF THE SENATE,

By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 173. A bill to be entitled an Act to amend the Budget
Law for Fulton County; and for other purposes.
By Mr. Brooks of Oglethorpe:
House Bill No. 725. A bill to be entitled an Act to propose a constitu. tiona! amendment so as to authorize Crawford School District in Oglethorpe County to issue bonds; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
House Bill No. 169. A bill to create a purchasing department in Fulton County; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House:
By Mr. Brooks of Oglethorpe:
House Bill No. 727. A bill to propose a constitutional amendment to authorize Oglethorpe County to issue refunding bonds; and for other purposes.
The following bills and resolutions of the House, favorably reported by the committees, were read the second time:
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 25. A bill to amend the Code of Georgia so as to eliminate the necessity of maintaining grantee index of instruments relating exclusively to personal property; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 28. A bill relating to the duty of clerks of the Superior
Courts to keep an execution docket which shows the names of the parties and their attorneys, and to repeal same; and for other purposes.
By Fulton Delegation: House Bill No. 102. A bill to amend an Act approved August 16, 1913,
to give all courts having jurisdiction in felony and misdemeanor cases, authority in certain cases so as to mold their sentences as to allow defendants, upon a rendition of a verdict of guilty, to serve same outside the confines of the chaingang, etc., under supervision of the court; and for other purposes.
By Mr. Williams of Harris: House Bill No. 147. A bill to define an itinerant buyer of scrap iron and
other scrap material, to provide the license for same, to regulate the conditions under which he may buy such material; and for other purposes.
By Messrs. Etheridge and Kendrick of Fulton; Hicks and Rogers of Floyd: House Bill No. 236. A bill to amend Chapter 84-4 of the Code of Georgia
regulating the barber and hairdresser trades in Georgia; and for other purposes.

FRIDAY, MARCH 21, 1941

991

By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson, and Kea of Laurens:
House Bill No. 246. A bill to limit the time for enforcing deeds as secure debt on Real Property; and for other purposes.
By Mr. Maund of Talbot: House Bill No. 252. A bill to increase the pay of commissioners and
clerks for revising jury lists from $2.00 for a day's service to $3.00; and for other purposes.
By Mr. Pittman of Berrien: House Bill No. 321. A bill to prohibit the use or handling of poisonous
snakes or reptiles in such manner as will endanger the health or safety of the public; and for other purposes.
By Messrs. Hicks of Floyd and Roughton of Washington: House Bill No. 366. A bill to increase the term of the Commissioner of
Labor from two to four years; and for other purposes.
By Messrs. Bates and Williams of Ware; Kea and Lovett of Laurens: House Bill No. 404. A bill to amend the General Tax Act by revising
paragraph 81 relating to the tax levied against packing houses, brokers and butcher plants; and for other purposes.
Dy Mr. Kennedy of Tattnall: House Bill No. 492. A bill to establish State standards of weights and
measures, the duties of the Commissioner of Agriculture in connection therewith; and for other purposes.
By Mr. warnock of Montgomery: House Bill No. 675. A bill to amend the Act creating a Board of Com-
missioners of Roads and Revenues for the County of Montgomery; and for other purposes.
By Mr. Warnock of Montgomery: House Bill No. 676. A bill to repeal the Act creating a new Board of
Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes.
By Messrs. Anderson of Wayne and Rowland of Johnson: House Bill No. 698. A bill to authorize the several counties to levy a tax
each year for the conservation of natural resources; and for other purposes.
By Messrs. Joiner of Cook and Connell 'of Lowndes: House Bill No. 714. A bill to authorize the County of Cook to incur a
bonded indebtedness; and for other purposes.
By Mr. Allison of Gwinnett: House Bill No. 742. A bill to fix the salary of the Treasurer of Gwin."
nett County; and for other purposes.

992

JOURNAL OF THE SENATE,

By Mr. Mixon of Irwin:
House Bill No. 750. A bill to amend the Revenue Tax Act to legalize and control alcoholic beverages and liquors; and for other purposes.
By Mr. Dean of Rockdale: House Bill No. 752. A bill to amend an Act to create the office of Com-
missioner of Roads and Revenues for the County of Rockdale; and for other purposes.
By Messrs. Hunnicutt and Price of Clarke:
House Bill No. 754. A bill to amend an Act establishing a city court in the County of Clarke, so as to provide when the judge and solicitor of said court, being now the City Court of Athens, shall be elected; and for other purposes.
By Mr. Heard of Elbert: House Bill No. 759. A bill to require the payment of fees of clerk~ and
sheriffs of the Superior Court in divorce cases in Elbert County; and for other purposf's.
By Mr. Harrison of Jenkins: House Bill No. 761. A bill to amend an Act creating a new charter for the
City of Millen, County of Jenkins, and to reincorporate said city and define its territorial limits; and for other purposes.
By Messrs. McNall, Grayson, and Atkinson of Chatham: House Bill No. 763. A bill to amend the Highway Mileage Act to provide
additional mileage on a new road to be constructed across the Savannah River in Chatham County; and for other purposes.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Bill No. 765. A bill to amend an Act establishing a new charter
for the City of Atlanta, approved February 28, 187 4, and the several Acts amendatory thereof; and for other purposes.
By Mrs. Mankin, :\1essrs. Etheridge and Kendrick of Fulton: House Bill No. 766'. A bill to define the word "fireworks" as applied in
counties of 200,000 or more; and for other purposes.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 767. A bill to amend the Pension Act of the City of
Atlanta; and for other purposes.
By Messrs. Smitha and Smith of Carroll: House Bill No. 768. A bill to amend an Act creating the City Court of
Carrollton; and for other purposes.
By Messrs. Maddox, Hicks and Rogers of Floyd: House Bill No. 770. A bill to amend an Act amending an Act creating
a new charter and municipal government for the City of Rome, define the

FRIDAY, MARCH 21, 1941

993

corporate limits thereof; and for other purposes.
By Mr. Hagan of Screven:
House Resolution No. 51-278A. A resolution appropriating $459.83 to reimburse Barrett Overstreet; and for other purposes.
By Mr. McClure of Catoosa:
House Resolution No. 76-446A. A resolution proposing that the Department of Public Safety be directed to pay to the County of Catoosa such sum not exceeding $500.00 as may be necessary to reimburse the said County for the hospitalization of Charles Coates; and for ether purposes.
By Messrs. Lester, Harris and Jones of Richmond:
House Resolution No. 103-593A. A resolution to designate route traveled by General Joe Wheeler through Georgia during the War between the States as the Joe Wheeler Highway.
By Messrs. Chastain and Hart of Thomas: House Resolution No. 123-715C. A resolution that the sum of $5,700.00
be appropriated to be paid to Thomas County and the Governor directed to draw his warrant for the same out of any funds in the State Treasury.
By Messrs. Roberts and Allison of Gwinnett: House Resolution No. 127-727 A. A resolution to amend Article 7, Sec-
tion 7, Paragraph 1 of the Constitution of Georgia so as to authorize the Sunny Hill Consolidated School District of Gwinnett County to incur a bonded indebtedness; and for other purposes.
By Messrs. Jones and Yawn of Dodge: House Resolution No. 131-742B. A resolution to propose an amendment
to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize the issuance of funding bonds for the retirement of county warrants or other legal indebtedness of the County of Dodge; and for other purposes.
The President asked unanimous consent that the Senate do now go into Executive Session to consider a sealed communication from His Excellency, the Governor; and the consent was granted.
The following communication was transmitted to His Excellency, the Governor, by Lindley \V. Camp, Secretary of the Senate:
The State Senate Lindley W. Camp, Secretary
Atlanta, March 21, 1941
Hon. Eugene Talmadge, Governor Executive Department State Capitol Atlanta, Georgia
Dear Governor:

994

JOURNAL OF THE SENATE,

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 of the County Court of Baldwin County: Hon. C. B. McCullar, of Milledgeville, Baldwin County, Georgia, for a term beginning September 3, 1941, and expiring 4 years thereafter, on September 3, 1945. The vote on this confirmation was 36 to 0.
For Assistant Attorneys General:
Hon. Linton S. Johnson, of Franklin County, to serve at the pleasure of the Governor. The vote on this confirmation was 42 to 0.
Hon. Preston Rawlins, of Telfair County, to serve at the pleasure of the Governor. The vote on this confirmation was 42 to 0.
Hon. Andrew Tuten, of Bacon County, to serve at the pleasure of the Governor. The vote on this confirmation was 42 to 0.
Hon. Carlton Mobley, of Monroe County, to serve at the pleasure of the Governor. The vote on this confirmation was 42 to 0.
Hon. E. L. Reagin, of Henry County, to serve at the pleasure of the Governor. The vote on this confirmation was 42 to 0.
For State Auditor: Hon. B. E. Thrasher, Jr., for a term of four years from January 14, 1941. The vote on this confirmation was 42 to 0.
For State Superintendent of Banks: Hon. John C. Beasley, for a term of four years from January 14, 1941. The vote on this confirmation was 42 to 0.
For Commissioner of Natural Resources: Hon. Zach D. Cravey, for a term beginning January 14, 1941, and expiring January 14, 1945. The vote on this confirmation was 42 to 0.
For Director of Forestry: Hon. Walter Dyal, for a term beginning January 14, 1941, and expiring January 14, 1945. The vote on this confirmation was 42 to 0.
For Director of Parks, Historic Sites and Monuments: Hon. R. F. Burch, Jr., for a term beginning January 14, 1941, and expiring January 14, 1945. The vote on this confirmation was 42 to 0.
For State Entomologist: Hon. J. H. Girardeau, of Telfair County, for a term beginning March 25, 1941, and expiring March 25, 1945. The vote on this confirmation was 42 to 1.
For Chairman of the Industrial Board: Hon. Charles G. Bruce, of Fulton County, for a term beginning January 14, 1941, and tcxpiring January 14, 1945. The vote on this confirmation was 42 to 0.

FRIDAY, MARCH 21, 1941

995

For State Revenue Commissioner: Ron. J. M. Forrester, of Crisp County, for a term beginning January 14, 1941, and expiring January 1, 1944. The vote on this confirmation was 42 to 0.
For Veterans Service Director: Ron. Claude H. Peacock, of Cherokee County, for a term beginning .January 14, 1941, and expiring January 14, 1943. The vote on this confirmation was 42 to 0.
For Board of Regents:
Ron. John J. Cummings, of Donalsonville, Georgia, State at Large, to serve at the pleasure of the Governor. The vote on this confirmation was 42 to 0.
Ron. W. S. Morris, of the City of Augusta, Georgia, to serve beginning March 18, 1941, and expiring July 1, 1947, as a member from the State at Large. The vote on this confirmation was 42 to 0.
Ron. K. S. Yarn, of waresboro, Georgia, State at Large, to serve for a term beginning July 1, 1940, and expiring six years from date. The vote on this confirmation was 42 to 0.
Ron. Ormonde Hunter, of Savannah, Georgia, 1st District, to serve for a term beginning July 1, 1939, and expiring six years from date. The vote on this eonfirmation was 42 to 0.
Ron. Susie T. Moore, of the City of Tifton, 2nd District, to serve for a term beginning September 29, 1938 and ending July 1, 1941; and for a full term of six years thereafter. The vote on this confirmation was 42 to 0.
Ron. Lucien P. Goodrich, of the City of Griffin, 4th District, to serve the unexpired term of Ron. Cason J. Callaway ending July 1, 1941; and for a full term of six years thereafter. The vote on this confirmation was 42 to 0.
Ron. Miller S. Bell, Sr., of the City of Milledgeville, 6th District, to serve a full term of six years from July 1, 1941. The vote on this confirmation was 42 to 0.
Ron. R. D. Harvey, of the City of Lindale, 7th District, to serve for a full term of six years from July 1, 1941. The vote on this confirmation was 42 to 0.
Ron. Julian Strickland, Jr., of the City of Valdosta, 8th District, to serve for a term beginning March 18, 1941, and extending six years from that date. The vote on this confirmation was 42 to 0.
Ron. Sandy Beaver, of the City of Gainesville, Georgia, 9th District, to serve for a term beginning :.vlarch 18, 1941, and expiring July 1, 1947. The vote on this confirmation was 42 to 0.
Dr. Joe I. Jenkins, of the City of Hartwell, Georgia, 1Oth District, to serve for a term beginning March 18, 1941, and expumg 6 years from that date. The vote oR this confirmation was 42 to 0.

996

JOURNAL OF THE SENATE,

For State Board of Education:
Hon. Carey Arnett, of the City of Haleyondale, 1st District, for a term beginning July 1, 1941, and expiring 6 years thereafter. The vote on this confirmation was 42 to 0.
Hon. George Reese, of the City of Preston, 3rd District, to serve for a term beginning July 1, 1939, and expiring July 1, 1U45. The vote on this confirmation was 42 to 0.
Mrs. william T. Healy, of the City of Atlanta, 5th District, to serve for a term beginning March 18, 1U41, and expiring July 1, 1941, and for a full term of 6 years thereafter. The vote on this confirmation was 42 to 0.
Hon. E. IV. Jordan, of the City of Sandersville, 6th District, to serve for a term beginning July 1, 1941, and expiring July 1, 1947. The vote on this confirmation was 42 to 0.
Hon. Q. L. Garrett, of the City of \Vaycross, 8th District, to serve for a term beginning March 18, 1941, and expi,ring July 1, 1D43. The vote on this confirmation was 42 to 0.
Hon. Carey Williams, of the City of Greensboro, 1Oth District, to serve for a term beginning July 1, 1D41, and expiring July 1, 1D47. The vote on this confirmation was 42 to 0.
For State Board of Health:
Dr. J. C. Metts, of the City of Savannah, 1st District, for a term beginning September 1, 1939, and expiring September 1, 1U45. The vote on this confirmation was 42 to 0.
Dr. C. K. Sharp, of the City of Arlington, 2nd District, for a term beginning September 1, 1939, and expiring September 1, 1U45. The vote on this confirmation was 42 to 0.
Dr. Robert L. Rogers, of the City of Gainesville, Uth District, for a term beginning September 1, 1U3U, and expiring September 1, 1945. The vote on this confirmation was 42 to 0.
For Judge of the City Court of Habersham County: Hon. J. E. Frankum, of the County of Habersham, for a term effective upon his confirmation by the Senate and expiring December 31, 1D44. The vote on this confirmation was 42 to 0.
For Solicitor of the City Court of Habersham County: Hon. Irvin Kimsey, of the County of Habersham, for a term effective upon his confirmation by the Senate, expiring December 31, 1944. The vote on this confirmation was 42 to 0.
For Solicitor of the City Court of Cartersville: Hon. William A. Ingram, of the County of Bartow, for a term beginning January lG, 1U41, and expiring January 1, 1945. The vote on this confirmation was 42 to 0.

FRIDAY, MARCH 21, 1941

997

For Judge of the City Court of Morgan: Hon. A. L. Miller, of Edison, Georgia, in the County of Calhoun, for a term beginning October 1, 1940, and continuing for a period of 4 years thereafter. The vote on this confirmation was 42 to 0.
For Solicitor of the City Court of Morgan: Hon. J. Martin Cowart, of Arlington, Georgia, in the County of Calhoun, for a term beginning October 1, 1940, and continuing for a period of 4 years. The vote on this confirmation was 42 to 0.
For Solicitor of the City Court of Polk County: Hon. J. A. Tyson, of the City of Cedartown, for a term effective }farch 20, 1941, and expiring January 1, 1943. The vote on this confirmation was 42 to 0.
Respectfully yours, Lindley W. Camp, Secretary of State Senate.
The Senate reconvened in open session at 10:45 a.m., and resumed the regular transaction of business.
Under the order of business set by the Rules Committee the following bills and resolutions of the House were read the third time and put upon their passage:
By Messrs. Evans of McDuffie and Smith of Hall:
House Resolution Ko. 36-137E. A RESOLUTION
Proposing to the qualified voters of Georgia for ratification or rej..,ction an amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the civil jurisdiction of Justices of the Peace in thi:. State:
Be it resolved by the General Assembly of Georgia:
Section 1. That Article VI, Section VII, Paragraph II of the Con~titution of the State of Georgia be and the same is amended by striking out the paragTaph now reading as follows:
"Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum docs not exceed one hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court, under such regulations as may be prescribed by law."
And inserting in lieu of the paragraph so striken a new paragraph to read as follows:
"Article VI, Section VII, Paragraph II. Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all

998

JOURNAL OF THE SENATE,

cases there may be an appeal to a jury in said Court, or an appeal to the Sliperior Court under such regulation as may be prescribed by law."
Section 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 of each House, said amendment shall be entered on the Journals with the "ayes" and "nays" and shall be published by the Governor 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 a brief and concise summary of said amendment, not exceeding two hundred words, shall be published in the newspaper in each county in which sheriff's advertisements are published twice during the two weeks immediately prior 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 the adoption of the said proposed amendment to the Constitution shall have written or printed on their ballots the words:
"For ratification of the amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the civil jurisdiction of Justices' Courts."
And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of the amendment to Article VI, Section VII, Paragraph 11, of the Constitution of Georgia increasing the civil jurisdiction of the Justices' Courts."
Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote for ratification of the said amendment, the Governor shall by his proclamation to be issued ten days from the date of the election so declare and the foregoing amendment shall become a part of Article VI, Section VII of the Constitution of this State as Paragraph II thereof.
Senator Houston of the 51st offered the following amendment:
Senator Houston of the 51st moves to amend House Resolution No. 36137E by adding after the words "personal property" in the new paragraph, or proposed new article, line 3, the following words, "and in case of trover".
Senator Franklin of the 38th moved the previous question, and the call was sustained.
The main question was ordered.
On the adoption of the amendment, the ayes were 13, nays 17, and the amendment was lost.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution proposing an amendment to the Constitution, a roll call

FRIDAY, MARCH 21, 1941

999

was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Burnside Campbell Clark Daughtry Dorsey Fortson Guyton

Hamilton Harrison Houston Lanier Lewallen :Milhollin Mosley

Park Pilcher Rowland Smith, 24th Striplin Wall

Those voting in the negative were Senators:

Almand Bargeron Bland Drake Edenfield Edwards

Franklin Gross Kiker Kirkland Martin Mason

Odom Ragan Steed Sumner Whaley

Not voting were Senators: Adams, Barnhill, Bradley, Cannon, Coker, Couch, Coxon, Dobbs, Foster, Garner, Hill, Holt, McGehee, and Smith of 35th.

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

On the adoption of the resolution, the ayes were 20, nays 17.

The resolution, having failed to receive the requL;ite constitutional twothirds majority, was lost.
The President asked unanimous consent that when the Senate adjourns this morning, it stand adjourned until 2:15 o'clock; and the consent was granted.
The following privileged resolution was read and adopted:
By Senators Pilcher of the 7th, Clark of the 24th, and Daughtry of the 21st:
Whereas, Senator Dixon Smith put up such a valiant fight on behalf of establishing Eastern Time for the State of Georgia, and
Whereas, his dreams have come true and someone will have the honor of moving up the Senate clock one hour, we respectfully ask the President of the Senate to appoint the honorable and distinguished Senator from the 24th to perform this noble duty at this time, the bill having just been approved by the Governor.
Senator Campbell of the 34th asked unanimous consent to take up the following bill of the House, previously reconsidered:
By Mr. Williams of Ware: House Bill No. 649. A bill to create the State Park Authority; to authorize
the construction and maintenance of the Confederate Memorial at Stone Mountain; and for other purposes.

1000

JOURNAL OF THE SENATE,

The consent was granted.
Senator Campbell of the 34th offered the following amendment which was adopted:
Senator Campbell of the 34th moves to amend House Bill No. 649 by striking in Section 2 thereof the following:
"Provided, however, that at no time any member of the authority during his incumbency as such member, be a state officer or employed by the State of Georgia."
The l'eport 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 Fortson of the 50th asked unanimous consent to have House Bill No. 649 immediately transmitted to the House, and the consent was granted.
Senator Edenfield of the 4th moved that the Senate do now adjourn until 2 :15 p.m., and the motion prevailed.
The Senate reconvened at 2:15 o'clock and resumed the regular order of business.
Senator Burnside of the 39th gave notice that at the proper time he would move to reconsider the action of the Senate in failing to adopt the following resolution of the House:
By Messrs. Evans of McDuffie and Smith of Hall:
House Resolution No. 36-137E. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II, of the Constitution of Georgia increasing the civil jurisdiction of Justices of the Peace in this State; and for other purposes.
The following privileged resolution was read and adopted:
By Senators Harrison of the 23rd, McGehee of the 25th and :.\iason of the 30th: A RESOLUTION
Whereas, the 1941 Georgia License Plates are the nicest tags ever issued by the State of Georgia, certainly a most beautiful peach.
Be it resolved by the State Senate that we commend the Tag Department for this much improved license plate,
Be it also 1esolved that the tag department continue this or similar type plates for 1942-1943.
The following bills of the House were read the third time and put upon their passage:

FRIDAY, MARCH 21, 1941

1001

By Messrs. Rogerg of Floyd, Gowen of Glynn, Ferguson of Camden and Ferguson of Sumter:
House Bill No. 411. A bill to authorize the State Highway Board to construct and maintain airports, landing fields and other air navigation facilities, and to use the right of eminent domain in connection therewith; to provide for an Aeronautic Advisory 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 27, nays 4.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Davis of Coweta, Bynum of Rabun, Greene of Jones, Bruce of Troup, and others:
House Bill No. 237. A bill to empower and direct the Conservation Department to perform such Acts as may be nec~sssary to the establishment of co-operative wild life restoration projects between the State and the 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Grice, Bloodworth and \Yeaver of Bibb: House Bill No. 73. A bill to ratify, approve and confirm an executive
order and proclamation issued by the Governor on April 5th, 1940, suspending the collection of certain taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Pickett of Pickens and Hagan of Screven: House Bill No. 377. A bill to be entitled an Act to impose a penalty
upon any person, firm or corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation; and for other purposes.
The committee offered the following amendment which was adopted:
Moved that House Bill No. 377 be amended by adding thereto a section to be appropriately numbered and to read as follows:
Upon a finding by the Georgia Department of Public Safety, after due notice of a hearing to the taxi-cab driver that such taxi-cab driver has, sub-

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JOURNAL OF THE SENATE,

sequent to the passage of this Act, violated any of the provisions of this Act, or upon conviction of a taxi-cab driver of violation of any provision of this Act, the chauffeur's license of said taxi-cab driver shall be automatically suspended for a period of six months.
Moved that House Bill No. 377 be amended by adding thereto an appropriately numbered section which shall read as follows:
There shall be no civil nor criminal liability imposed upon any person, firm or corporation (other than the person driving a taxi-cab) by virtue of the provisions of this Act, provided such person, firm, or corporation engaged in the business of operating for hire taxi-cabs within the corporate limits of any municipality of this State shall post, or cause to be posted, in each such taxicab so operated for hire a copy of this bill or a notice setting forth with reasonable accuracy the substance of this bill.
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 3.
The bill, having received the requisite constitutional majority, was passed as amended.
By Messrs. Thompson and Hatchett of Meriwether:
House Bill No. 121. A bill prohibiting any architect, engineer, contractor or other persons, with intent to defraud, using the proceeds of any payment made on account of improvement or real property for any other purpose than to pay for labor or services performed or material furnished; to provide penalty for violation; and for other purposes.
The report 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.
Senator Holt of the 48th asked unanimous consent that the Senate disagree to the report of the Committee on General Judiciary No. 1, which was unfavorable to the passage of the following bill of the House:
By Messrs. Yawn and Jones of Dodge:
House Bill No. 587. A bill to amend Section 39-1103 of the Civil Code of Georgia, 1933, providing how and by whom the official organ shall be selected; and for other purposes.
The consent was granted, and the bill was read the second time.
Senator Drake of the 8th asked unanimous consent that the Senate disagree to the report of the Committee on General Judiciary No. 1, which was unfavorable to the passage of the following bill of the House:

FRIDAY, MARCH 21, 1941

1003

By "Mr. Brooks of Mitchell: House Bill No. 527. A bill to amend Section 92-4801 of the Code of
Georgia of 1933 relating to the bonds and the amounts and conditions of bonds of Tax Collectors and Tax Commissioners in the several counties of this State; and for other purposes.
The consent was granted, and the bill was read the second time.
By Messrs. Bates of \Vare, Deal of Bulloch, Daves of Dooly, Walker of Grady, Smitha of Carroll, Taft of Atkinson:
House Bill No. 686. A bill to encourage physicians to practice medicine in small towns and rural communities which need them; to create scholarships to be given students at the University of Georgia School of Medicine upon the condition that they live and practice for four years in such communities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Guyton of the 1st, asked unanimous consent to take up the following bill of the Senate for the purpose of considering the amendments offered by the House:
By Senator Guyton of the 1st:
Senate Bill No. 173. A bill to provide for the identification of the voters in all primary elections and elections by ballot within this State; and for other purposes.
The consent was granted.
The House oiferecl the following amendments:
By striking from the fourth line of Section five the word "the" between "by" and "Grand Jury" and substituting in lieu thereof the words "two successive" and changing the word "jury" in line five to read "juries".
And to further amend the bill by adding at the end of Section five the following words "and the Act if put to effect may become inoperative by like action two successive grand juries of the county affected."
Gowen of Glynn moves to amend Senate Bill No. 173 as follows:
After the word "ordinaries" in the fourth line of Section 2 add the words "or chairman of the party holding a primary election".
And to further amend the bill by striking from the end of Section 3 the words "until after two years under expiration of the elate of filing the same" and substituting in lieu thereof the words "the adjournment of the Grand Jury meeting next after the election."

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JOURNAL OF THE SENATE,

And to further amend the bill:
The Committee on Privileges and Elections moves to amend Senate Bill No. 173 as follows:
By adding at the end of Section one ( 1) the following:
Provided that any person by absentee ballot shall not be required to sign said "voters identification book".
Senator Guyton of the 1st moved that the Senate concur in the House amendments, and the motion prevailed.
Senator Holt of the 48th asked unanimous consent to have the President of the Senate appoint a committee of three to confer with a like committee on the part of the House to consider the disagreement of the House on the following bill of the House, to-wit:
By Witherington of Wilcox:
House Bill No. 265. A bill to abolish the offices of Tax Collector and Tax Receiver of Wilcox County, etc.; and for other purposes.
The consent was granted, and the President appointed Senators Holt of the 48th, Hamilton of the 42nd and Whaley of the 45th as a Conference Committee on the part of the Senate to consider the above bill.
Senator Drake of the 8th asked unanimous consent that the Senate reconsider its action in passing the following bills of the House, to-wit:
By Mr. Willoughby of Clinch: House Bill No. 740. A bill to regulate and govem the opening and closing
of seasons for the hunting of deer in Clinch County; and for other purposes.
By Mr. Willoughby of Clinch: House Bill No. 741. A bill to amend an Act known as "An Act to create
and establish the County Court of Clinch in and for the County of Clinch; to provide the place and times of holding said court; and for other purposes.
The consent was granted. The following bills and resolutions of the House were read the third time and put upon their passage:
By Messrs. Evans of McDuffie, Elliott of Muscogee, Lovett of Laurens and Culpepper of Fayette:
House Bill No. 593. A bill to restrict and limit the jurisdiction of the State Board of Tax Appeals created and provided for by Chapter 3 of the Act approved for January 3, 1938, re-organizing the administration of the revenue laws of Georgia; to provide the disposition of cases, matters and controversies now pending before the State Board of Tax Appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 21, 1941

1005

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott of :\fuscoge2, Greene of Jones, and others:
House Bill No. 126. A bill to amend an Act approved March 30, 1937 (Ga. Laws 1937, pages 247-264) entitled an Act to declare an emergency concerning the production, distribution of milk; and for other purposes.
The report of the committe, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :vressrs. Evans of McDuffie, Bleasc of Brooks, and others: House Bill No. 685. A bill to amend the Constitution providing for the
publication of constitutional amendments in only one newspaper in each congressional district; and for other purposes.
Senator Franklin of the 38th offered the following substitute: A BILL
To be entitled an Act to amend an Act affecting Article 13, Section 1, Paragraph 1 of the Constitution of Georgia in providing to eliminate the necessity of publishing the full text of a proposed amendment to the Constitution in one or more newspapers in each Congressional District, and substitute therefor a provision requiring the publication of a summary of each proposed amendment to the Constitution in certain newspapers, and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That Section 2-8601 of the Constitution of the State of Georgia be amended by deleting the words: " ... in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election . "
Section 2. That the following words be added to take the place of the words deleted by Section 1: " ... in a summary not to exceed two hundred (200) words, in all English nc\Yspapers of general circulation in the State of Georgia, which are published as often as once a week and which have published for two or more years, or are the direct successor of newspapers meeting these requirements, for four tim~s previous to the time of holding the next general election ..."
Section 3. That Section 2-8601 of the ConstitCJtion of Georgia shall now read as follows: "Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such amendment or amendments shall be entered on their Journals, with the yeas and nays thereon, and the General Assembly shall cause such amendment or amendments to be published in a summary not to exceed two hundred (200)

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words, in all English newspapers of general circulation in the State of Georgia, which are published as often as once a week and which have been published for two or more years, or are the direct successor of newspapers meeting these requirements, for four times previous to the time of holding the next general election, and shall also provide for a submission of such proposed amendment or amendments to the people at said next g8neral election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments shall become a part of the Constitution. When more than one amendment is submitted at the same time they shall be submitted so as to enable the electors to vote on each amendment separately."
Section 4. When this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, and shall have been entered on their Journals with the "Yeas" and "Nays" taken thereon, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the Act aproved March 24, 1939 (Ga. Laws 1939, pages 305-307).
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Messrs. Grice of Bibb and Elliott of Muscogee: House Resolution No. 16-45A. A RESOLUTION Proposing to the qualified voters of the State of Georgia for ratification
or rejection, an amendment to Paragraph 1, Section 1, Article 7 of the Constitution of Georgia so as to provide for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Paragraph 1, Section 1, Article 7, of the Constitution of Georgia be, and the same is hereby amended by adding at the end of said Paragraph the following language:
"To advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State of Georgia through any office or agency which may be created or designated by the General As~embly to carry out said purposes."
Section 2. That when this amendment shall be agreed to by two-thirds vote of the members elected to each House, with the "yeas" and "nays" thereon, and shall be published in one or more newspapers in each Congressional Dis-

FRIDAY, MARCH 21, 1941

1007

trict in the State for t\\'o months previous to the time for holding the next General Election and a brief and concise summary thereof shall be published in the newspaper in each county in which the sheriffs' advertisements are published twice during the two weeks immediately prior to the time of the holding of the next General Election, and at the next General Election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words:

"For ratification of amendment to Paragraph 1, Section 1, Article 7 of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State."

All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words:

"Against ratification of amendment to Paragraph 1, Section 1, Article 7 of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State."

And if a majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, when the returns shall be consolidated as now required by Jaw in elections for members of the General Assembly, and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the result thereof and said amendment shall become a part of Paragraph 1, Section 1, Article 7 of the Constitution of the State of Georgia.

The report of the committee, which was favorable to the adoption 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:

Almand Bargeron Barnhill Bland Burnside Campbell Cannon Clark Coker Couch Daughtry Dorsey Drake Edenfield

Edwards Fortson Foster Franklin Gross Guyton Hamilton Harrison Holt Houston Kirkland Lanier Lewallen Martin

Mason McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Steed Striplin Sumner Wall Whaley

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JOURNAL OF THE SENATE,

Voting in the negative was Senator Smith of the 24th.
Not voting were Senators: Adams, Bradley, Coxon, Dobbs, Garner, Hill, Kiker, and Smith of 35th.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 1.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
Senator Guyton of the 1st asked unanimous consent to take up the following resolution of the House, to-wit:
By Mr. Ferguson of Camden: House Resolution No. 167. A resolution to extend fishing and hunting
rights to non-resident soldiers encamped in the State of Georgia; and for other purposes.
The consent was granted, and the resolution was adopted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:
By Messrs. Livingston of Polk, and Da!lis of Troup: House Bill No. 201. A bill to be entitled an Act to repeal an Act to au-
thorize and regulate practice of Chiropractic in the State of Georgia; and for other purposes.
The House requests the appointment of a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House, and the Speaker has appointed as a Committee of Conference the following members of the House, to-wit:
Messrs. Livingston of Polk, Dorsey of Cobb, and Strickland of Haralson.
The House has disagreed to the Senate amendment to the following bill of the House:
By Mr. Lester of Richmond: House Bill No. 215. A bill to be entitled an Act to amend an Act to pro-
vide how liens are declared and created; and for other purposes.
The House requests the apointment of a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 215.
Mr. President:

FRIDAY, MARCH 21, 1941

1009

The House has adopted by substitute by the requisite Constitutional majority, the following resolution of the Senate, to-wit: By Senators Clark of the 44th, Fortson of the 50th, Hill of the 36th, Bradley of the 13th, and Edenfield of the 4th:
Senate Resolution l'\o. 42-140C. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, providi!ig that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-divisions issuing such obligations; and for other purposes.
Senator Coker of the 39th moved that the Senate insist on its amendments to House Bill No. 201 and that the President appoint a Conference Committee to act with a like committee on the part of the House on the above bill.
The motion prevailed, and the President named as the Conference Committee on the part of the Senate:
Senators Coker of the 39th, Cannon of the 40th, and Campbell of the 34th.
Senator Campbell of the 34th moved that the Senate insist upon its amendment to the following bill of the House, to-wit:
By :\Ir. Lester of Richmond:
House Bill No. 215. A bill to amend Section 67-2002 of the Code, providing how liens are declared and created, their record and priorities; and for other purposes.
The motion prevailed.
The President appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House on the above bill: Senators Houston of the 51st, Lanier of the 18th and Campbell of the 34th.
The following resolution of the Senate was taken up for the purpose of considering a substitute offered by the House:
By Senators Clark of the 44th, Fortson of the 50th, Hill of the 36th, and others:
Senate Resolution No. 42-140C. A resolution proposing an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes.
The House offered the following substitute:
A RESOLUTION Proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia by providing; that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes.

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Be it resolved by the General Assembly of Georgia:

Section 1. That the General Assembly does hereby propose that Article 7, Section 7, Paragraph 1 of the Constitution of Georgia be amended by adding at the end thereof the following language:
"Provided, further, that revenue anticipation obligations issued by any county, municipal corporation, or political sub-division of this State to provide funds for the construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political sub-division is authorized by the Act of the General Assembly approved March 31, 1937, known as the 'Revenue Certificate Law of 1937', as amended by the Act approved March 14, 1939, to construct and operate, or to extend or improve any such existing facility, and payable solely from revenue produced by such revenueproducing facilities, shall not be deemed debts of, or to create debts against, the issuing political sub-division within the meaning of this paragraph or any other of this Constitution. This proviso shall apply only to revenue anticipation obligations issued to provide funds for the construction, extension or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and no such issuing political sub-division of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof."

Section 2. That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their Journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Acts of the General Assembly approved March 24, 1939.

Senator Fortson of the 50th moved that the Senate concur m the House substitute.

The 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:

Adams Almand Bargeron Barnhill Bland Burnside Campbell Cannon Clark Coker Couch Daughtry

Dorsey Drake Edenfield Edwards Fortson Foster Franklin Gross Guyton Hamilton Harrison Hill

Holt Houston Kiker Kirkland Lanier Lewallen Martin Mason ::\fcGehee Milhollin Mosley Odom

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1011

Park Pilcher Ragan Rowland

Smith, 24th Steed Striplin Sumner

Wall Whaley

Not voting were Serrators: Bradley, Coxon, Dobbs, Garner, and Smith of 35th.

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

On the motion to concur in the House substitute, the ayes were 46, nays 0.

The substitute, having received the requisite constitutional two-thirds majority, was concurred in.

Senator Holt of the 48th submitted the following report of the Conference Committee on House Bill No. 265, which vras adopted:

Mr. President,
Mr. Speaker:
Your Conference Committee, appointed to correct certain clerical errors in House Bill No. 265, report as follows:
That said bill be amended in the following respect, that the figures "$700.00" appearing on the last line of the first page of the engrossed copy be amended by substituting the word "one", and the word "month" appearing on said line be amended by substituting the word "year" so that when amended the same will read "one dollar per year" instead of $700.00 per month.
Respectfully submitted, W. K. Holt of 48th, Hiles Hamilton of 42nd, J. K. Whaley of 45th. On the part of the Senate.
J. F. Witherington of Wilcox, Wen dell Horne of Crisp.
On the part of the House.

The following bills of the House were read the third time and put upon their passage:
By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn and wetherbee of Dougherty:
House Bill No. 439. A bill to amend Title 92 "Public Revenue" the code of Georgia, relative to defining residence; and for other purposes.
The report 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.

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JOURNAL OF THE SENATE,

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

By Messrs. Elliott of Muscogee, and Brinson of Chattooga:

House Bill No. 391. A bill to provide an alternative, additional and simpler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals, in cases within their respective constitutional jurisdictions; to provide for rules on the subject; and for other purposes.

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

On the passage of the bill, the ayes were 6, nays 35.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Edenfield of the 4th moved that the Senate do now adjourn until 8 o'clock tonight, and the motion prevailed.

The Senate reconvened at 8 o'clock tonight and resumed the transaction of business.

Mr. Daughtry of the 21st 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 recommendations:

House Bill No. 719. Do pass.

Respectfully submitted, Daughtry of 21st district, chairman.

Mr. Cannon of the 40th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:

Your Committee on Insurance have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

House Bill No. 606. Do pass.

Respectfully submitted, Cannon of 40th district, chairman.

Mr. Steed of the 43rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary have had under consideration the

FRIDAY, MARCH 21, 1941

1013

following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following 1ecommendations:
House Bill No. 657. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
Mr. Drake of the 8th 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. 710. Do pass.
House Bill No. 624. Do pass.
Respectfully submitted, Drake of 8th district, chairman.
Mr. Smith of the 24th District, Chairman of the Committee on Manufactures, submitted the following report:
Mr. President:
Your Committee on Manufactures have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Bill No. 594. Do not pass.
Respectfully submitted, Smith of 24th district, chairman.
Mr. Houston of the 51st 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 recommendations:
House Bill No. 543. Do not pass.
Respectfully submitted, Houston of 51st district, chairman.
Mr. Holt of the 48th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
House Resolution No. 58-326A. Do pass.
Respectfully submitted, Holt of 48th district, chairman.
Mr. Steed of the 43rd 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 recommendations:
House Bill No. 289. Do pass.
Respectfully submitted, Steed of 43rd district, chairman.
The following bills of the House, favorably reported by the committee, were read the second time:
By Mr. Strickland of Haralson: House Bill No. 624. A bill to amend an Act fixing the salary of the
County Treasurer of Haralson County; and for other purposes.
By Mr. Hardman of Madison: House Bill No. 710. A bill to a mood an Act abolishing the office of Tax
Receiver and Tax Collector of Madison County; and for other purposes.
The following local bills of the House were read the third time, and put upon their passage:
By Mr. Taft of Atkinson: House Bill No. 653. A bill to repeal an Act to create the office of Com-
missioners of Roads and Revenues of Atkinson County; and for other purposes.
The Committee offered the following amendment, which was adopted:
Amendment of House Bill No. 6'53, as follows:
First, by adding and inserting in the title of said bill between the words "of Atkinson County" and the words "and for other purposes", the following language: "to provide for a referendum; to provide an effective date for this Act;"
Second, by striking Section 2 of said Bill and substituting in lieu thereof

FRIDAY, MARCH 21, 1941

1015

a new section to be numbered and to read as follows:
"Section 2. The Ordinary of Atkinson County shall call an election to be held on the 3rd day of May, 1941, for the purpose of submitting to the qualified voters of said County the ratification or rejection of this Act. Notice of said election shall be published by the Ordinary at least once 30 days prior to the date of holding said election in the newspaper in said County in which sheriffs' advertisements are published. At said election, all persons who favor the adoption of this Act shall have written or printed on their ballots the words: "for abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson," and all persons who are opposed to the adoption of this Act shall have written or printed on their ballots the words: "against abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson." If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote in favor of abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson, then this Act shall go into effect on the 5th clay of May following said election. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote against the office of Commissioner of Roads and Revenues in the County of Atkinson, then this Act shall be null and void and of no effect."
Third, by adding a new Section to be numbered and to read as follows:
"Section 3. Be it 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 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.
The bill, having received the requisite constitutional majority, was passed as amended.
By Mr. Taft of Atkinson:
House Bill No. 654. A bill to create a Board of Commissioners of Roads and Revenues for the County of Atkinson; and for other purposes.
The committee offered the following amendments which >Tere adopted:
Senator Barnhill of the Fifth District proposes to amend House Bill No. 654 by adding the following after the word "people" at the end of Section 10 in said House Bill: "The said County Board of Commissioners shall have no authority to employ any person who is related to any member of the said Board within the third degree."
The said Senator proposes to further amend said House bill by striking all of Section 12, after the word "County" in line 7 of said section.
Amendment to House Bill No. 654, as follows:
First, by inserting in the title of the said bill between the words "any county funds" and the words "and for other purposes", the following: "to

1016

JOURNAL OF THE SENATE,

provide for a referendum; to provide an effective date for this Act."
Second, by striking Section 15 of said bill, substituting and inserting in lieu thereof a new section to be numbered and to read as follows:

"Section 15. The Ordinary of Atkinson County shall call an election to be held on the 3rd day of May, 1941, for the purpose of submitting to the qualified voters of said County the ratification or rejection of this Act. Notice of said election shall be published by the Ordinary at least once 30 days prior to the date of holding said election in the newspaper in said County in which sheriffs' advertisments are published. At said election, all persons who favor the adoption of this Act shall have written or printed on their ballots, the words: "for the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson," and all persons who are opposed to the adoption of this Act shall have written or printed on their ballots, the words: "against the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson." If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote in favor of the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, then this Act shall go into effect on the 5th day of May following said election. If a majority of the registered qualified voters of the County of Atki'1son, voting in said election, vote a~ainst the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, then this Act shall be null, 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 28, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Franklin of the 38th suggestcd the absence of a quorum.

The President ordered a call of the roll, and the following Senators answered to their names:

Adams Almand Bargeron Barnhill Bland Burnside Cannon Clark Couch Coxon Daughtry Dorsey

Edenfield Edwards Fortson Foster Franklin Guyton Hamilton Harrison Holt Houston Kiker Kirkland

Lanier Martin Mason McGehee Milhollin Odom Ragan Rowland Striplin Sumner Wall

Under the order of business as established by the Committee on Rules, the

FRIDAY, MARCH 21, 1941

101'7

following bill of the House was read the third time and put upon its passage:
By Mr. Shannon of Twiggs: House Bill No. 302. A bill to amend an Act to amend the Banking Law
as modified in title 13, Section 13-901, Paragraph 3 of the Code; and for other purposes.
The report 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 constitutiosal majority, was passed.
Senator Edwards of the 6th arose to a point of personal privilege and addressed the Senate.
Senator Bland of the 12th arose to a point of personal privilee-e and addressed the Senate.
Senator Lanier of the 18th arose to a point of personal privilege and addressed the Senate.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by substitute as amended by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
By Senator Hill of the 36th: Senate Bill No. 72. A bill to be entitled an Act to amend the title of the
Act approved February 16, 1938, (Ga. Laws Ex. Session, 1937-1938, pp. 180, 183), which said Act authorizes the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; and for other purposes.
Mr. President:
The House has disagreed to the Senate substitute for the following bill of the House:
By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens and Elliott of Muscogee:
House Bill No. 685. A bill to propose an amendment to the Constitution, providing for the publication of constitutional amendments in only one newspaper in each Congressional District; and for other purposes.
The House requests the appointment of a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House. The Speaker has appointed as a Committee of Conference on the part of the House the following members, to-wit:
Messrs. Lovett of Laurens, Sabados of Dougherty, and Hand of Mitchell.

1018

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House hag agreed to the Senate amendments of the following bills of the House, to-wit:
By Messrs. Pickett of Pickens and Hagan of Screven:
House Bill No. 377. A bill to be entitled an Act to impose a penalty upon any person firm, or corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation to his place of designation within the corporate limits of such municipality; and for other purposes.
By Messrs. Ford and Jones of Worth, Sabados and Wetherbee of Dougherty:
House Bill No. 448. A bill to be entitled an Act to name certain fish as fresh water game fish; and for other purposes.
By Mr. Williams of Ware: House Bill No. 649. To be entitled an Act creating the State Park Au-
thority; and for other purposes.
Senator Guyton of the 1st arose to a point of personal privilege and addressed the Senate.
Senator Coker of the 39th arose to a point of personal privilege and addressed the Senate.
Senator Drake of the 8th arose to a point of personal privilege and addressed the Senate.
Senator Edwards of the 6th arose to point of personal privilege and addressed the Senate.
Senator Dobbs of the 21st asked unanimous consent that the following bill of the House be read the third time and put upon its passage:
By Messrs. Ferguson and Suggs of Sumter: House Bill No. 719. A bill to create a new charter for the City of Ander-
sonville; and for other purposes.
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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Franklin of the 38th moved that the Senate insist upon its substitute to the following bill of the House, to-wit:

FRIDAY, MARCH 21, 1941

1019

By Messrs. Evans of McDuffie, Blease of Brooks, and others: House Bill No. 685. A bill proposing an amendment to an Act of the
General Assembly of Georgia, by striking Section 1 from said Act and substituting in lieu thereof, a new Section 1 providing for the publication of constitutional amendments in only one newspaper in each Congressional District; and for other purposes.
The motion prevailed and the President appointed as a Conference Committee on the part of the Senate to act with a like committee on the part of the House in considering the above bill:
Senators Franklin of the 38th, Kirkland of the 49th, and Mason of the 30th. The following bills and resolutions of the House were read the third time and put upon their passage:
By Mr. Pannell of Murray: House Bill No. 315. A bill to amend Section 32-1402 of the Code relating
to "proceeds of school bonds, how held and used"; and for other purposes.
The report of the committee, which was favorable to the passage of the biil, 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. Hand and Brooks of Mitchell: House Bill No. 671. A bill to provide for the destruction of unsold bonds
issued by counties, municipal corporations, or political subdivisions of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Sills of Candler: House Bill No. 155. A bill to provide for the sale and distribution of
hunting and fishing licenses by the Ordinaries of the various counties of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Mixon of Irwin: House Bill No. 81. A bill to amend the Code relative to absentee ballots;
and for other purposes.

1020

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. Barber and Barlow of Colquitt:
House Bill No. 83. A bill to amend the Code relating to Architects; and for other purposes.
The report 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.
At this time, Senator Lanier of the 18th took the chair.
By Messrs. Ferguson and Suggs of Sumter:
House Resolution No. 57-307D. A resolution to name and designate the DeSoto trail in Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By Messrs. Drinkard of Lincoln, Evans of McDuffie, and others: House Resolution No. 59-326B. A resolution memoralizing Congress to
direct the Postmaster General of the United States to have issued a stamp bearing the likeness of Thomas E. Watson; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Redwine of the 26th gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass the following bill of the House:
By Messrs. Elliott of Muscogee, and Brinson of Chattooga House Bill No. 391. A bill to provide an alternative method for the trial
and correction of errors of law by the Supreme Court and Court of Appeals; and for other purposes.

FRIDAY, MARCH 21, 1941

1021

By Messrs. Candler, Dunaway, and Turner of DeKalb: House Bill No. 353. A bill authorizing a cadastral survey in all counties;
and for other purposes.
Senator Campbell of the 34th asked unanimous consent that further action on House Bill No. 353 be deferred, and the consent was granted.
By Mrs. Guerry of ::vlacon: House Bill No. 304. A bill to amend Section 32-1503 of the Code, so as
to strike from the sixth subdivision thereof the words "first Friday in December", and insert in lieu thereof the words "third Friday in February"; and for other purposes.
Senator Harrison of the 23rd moved that House Bill No. 304 be tabled.
Senator Harrison of the 23rd asked unanimous consent to withdraw his motion to table, and the consent was granted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Pilcher of the 7th called for the previous question, and the call was sustained.
On the passage of the bill, the ayes were 27, nays 8.
The bill, having received the requisite constitutional majority, was passed.
Senator McGehee of the 25th moved that the Senate do now adjourn until tomorrow morning at 9:30 o'clock, and the motion prevailed.
Senator Lanier of the 18th, acting for the President, announced the Senate adjourned until tomorrow morning at 9:30 o'clock.

1022

JOURNAL OF THE SENATE,

Senate Journal, Atlanta, Georgia,
Saturday, March 22, 1941.
The Senate met pursuant to adjournment at !J :30 o'clock this morning, and was called to order by the President.
Prayer was offered by Dr. Luther B. Bridges, Pastor of the Haygood Memorial Methodist Church of Atlanta.
By unanimous consent the call of the roll was dispensed with.
Senator Odom of the 9th, Vice-Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Redwine of the 26th gave notice that at the proper time he would move to reconsider the action of the Senate in failing to pass the following bill of the House, to-wit:
By Messrs. Elliott of Muscogee and Brinson of Chattooga: House Bill No. 3!)1. A bill to provide an alternative, additional and sim-
pler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals in cases within their respective jurisdictions; and for other purposes.
By unanimous consent, the reading of the Journal was dispensed with.
Senator Red~-Vine of the 26th asked unanimous consent to defer confirmation of the Journal, and the consent was granted.
Senator Redwine of the 26th asked unanimous consent that the Senate reconsider its action in failing to pass the following bill of the House, to-wit:
By Messrs. Elliott of Muscogee and Brinson of Chattooga: House Bill No. 391. A bill to provide an alternative, additional and sim-
pler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals in cases within their respective jurisdictions; and for other purposes.
Senator Odom of the 9th objected.
Senator Redwine of the 26th moved that the Senate reconsider its action iu failmg to pass House Bill No. 391, and the motion prevailed.
Senator Odom of the 9th asked unanimous consent to have the President appoint a Special Committee to study House Bill No. 3!J 1 before it was again taken up for consideration, and the consent was granted.
The President named the following committee to study the above bill:
Senators Odom of the 9th, Guyton of the 1st, Houston of the 51st, and Hamilton of the 42nd.
Senator Burnside of the 29th moved that the Senate reconsider its action

SATURDAY, MARCH 22, 1941

1023

in failing to adopt the following resolution of the House:
By Messrs. Evans of ::\1cDuffie and Smith of Hall:
House Resolution No. 36-137E. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II, of the Constitution of Georgia increasing the civil jurisdiction of Justices of the Peace in this State; and for other purposes.
On the motion to reconsider, Senator Coker of the 39th called for the previous question, and the call was sustained.
The main question was ordered.
On the motion to reconsider, the ayes were 30, nays 5, and the motion prevailed.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
By Senator Drake of the 8th: Senate Bill No. 102. A bill to be entitled an Act to amend Section 32-944
of the Code of Georgia of 1933 authorizing tax levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics, etc.; and for other purposes.
By Senator Drake of the 8th:
Senate Bill No. 101. A bill to be entitled an Act to amend Section 322205 of the Code relating to the employment of agricultural teachers and home economics teachers, by enlarging said Section so as to authorize county boards of education to employ teachers of trade and commerce; and for other purposes.
By Senators Coker of the 39th and Cannon of the 40th: Senate Bill No. 148. A bill to repeal Sections 3 and 4 of an Act authoriz-
ing any fraternal benefit society to issue benefit certificates to its members in accordance with its laws providing for the establishment of its membership into divisions and classes of the same age of entry; and for other purposes.
By Senator Smith of the 24th:
Senate Bill No. 214. A bill to amend an Act entitled "An Act providing for the acquisition, construction, operation and regulation of airports and other navigation facilities;" and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senators Campbell of the 34th and Couch of the 52nd: Senate Bill No. 122. To amend Section 26-6301 of the Code so as tq

1024

JOURNAL OF THE SENATE,

include the possession of any indecent or obscene pictures or literature or articles of indecent and obscene use, among the acts prohibited and penalized by said Section; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senators Edenfield of the 4th, Guyton of the 1st and Coxon of the 2nd:
Senate Bill No. 158. A bi11 to amend Section 45-812 of the 1933 Code relating to the taxation of distributors of shrimp and oysters; and for other purposes.
By Senator Whaley of the 45th:
Senate Bill No. 68. A bill to be entitled an Act to amend Section 45-308 of the Code of Georgia so as to provide for a different date for the com_mencement of open season for the hunting of game in certain territory of this State; and for other purposes.
Mr. Edenfield of the 4th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the fixing of the calendar for the day, and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
That immediately following the period of unanimous consents the following be established as order of business for the clay:
1. Passage of local uncontested bills.
2. Reports of standing committees.
3. The following bills be established as the order of business for the day: House Bills Nos. 161, 668; House Resolution No. 32-l:l7A; House Bills Nos. 366, 660, 141, 289; House Resolutions Nos. 51-278A, 123-715C; House Bills Nos. 492, 102, 147, 321; House Resolution No. 103-5!J3A; House Bills Nos. 750, 252, 353; House Resolution No. 76-446A; House Bills Nos. 246, 404, 6!!8; House Resolution No. 36-137E.
Respectfully submitted, Edenfield of 4th district, vice-chairman.
The report of the Rules Committee, which established the order of business for today, was adopted.
The following bills and resolutions of the House were read the third time and put upon their passage:
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 25. A bill to amend the Code so as to eliminate the
necessity of maintaining grantee index of instruments relating exclusively to

SATURDAY, MARCH 22, 1941

1025

personal property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 28. A bill relating to the duty of clerks of the Superior Courts to keep an execution docket which shows the names of the parties and their attorney, and to repeal same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Yawn and Jones of Dodge: House Bill No. 587. A bill to amend Section 39-1103 of the Civil Code
of Georgia, 1933, providing how and by whom the official organ shall be selected; and for other purposes.
The report of the committee, which was favorable to the passage of tke 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. Strickland of Haralson: House Bill No. 624. A bill to amend an Act fixing the salary of the
County Treasurer of Haralson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wore 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott and Wohlwender of ::.vruscogee: House Bill No. 657. A bill to regulate the sale for distribution of fire-
works in every county in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1026

JOURNAL OF THE SENATE,

By Messrs. Elliott and Wohlwender of Muscogee: House Bill No. 660. A bill to confer the right of eminent domain for the
purpose of laying water mains and pipes and sanitary sewer lines upon all counties in this State having a certain population according- to census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were :;18, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Warnock of Montgomery: House Bill No. 675. A bill to amend the Act approved December 3, 1937,
creating a Board of Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Warnock of Montgomery: House Bill No. 676. A bill to repeal the Act creating a new Board of
Commi~sioners of Roads and Revenues for the County of Montg-omery: and for other purposes.
The report 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. Hardman of Madison: House Bill No. 710. A bill to amend an Act abolishing the office of
tax receiver and tax collector 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Allison of Gwinnctt: House Bill No. 742. A bill to amend an Act entitled "An Act to fix the
salary of the Treasurer of Gwinnett County"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, MARCH 22, 1941

1027

On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Miller of Lanier: House Bill No. 743. A bill to amend the Act creating a Board of Com-
missioners of Roads and Revenues for the County of Lanier; and for Qther purposes.
The report 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. Kendrick, :\1rs. Mankin, and Mr. Etheridge of Fulton: House Bill No. 767. A bill to amend the Pension Act of the City of At-
lanta; and for other purposes.
The lleport 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 Messrs. Smitha and Smith of Carroll: House Bill No. 768. A bill to amend an Act creating the City Court of
Carrollton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Maddox, Hicks and Rogers of Floyd: House Bill No. 770. A bill to amend an Act entitled "An Act to amend
an Act creating a new charter and municipal government for the City of Rome, define the corporate limits thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite co:rastitutional majority, was passed.
By Mr. Heard of Elbert: House Bill No. 759. A bill to require the payment of fees of clerks aad
sheriffs of the Superior Court in divorce cases in Elbert County; and for other purposes.

1028

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to tbe 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 Messrs. McNall, Grayson and Atkinson of Chatham County: House Bill No. 763. A bill to amend the Highway Mileage Act to provide
additional mileage on a new road to be constructed across the Savannah River in Chatham County, when and as determined by the Engineers of the United States and 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: House Bill No. 765. A bill to amend an Act establishing a new charter
for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The report 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 Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 766. A bill to define the word "Fireworks" as applied
in .\!Ounties of 200,000 or more ;and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Dean of Rockdale County: House Bill No. 752. A bill to amend an Act to create the office of Com-
mh;;sioner of Roads and Revenues for the County of Rockdale; and for other purposes.
The report 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, havin~ received the requh;;ite constitutional majority, was passed.

SATURDAY, MARCH 22, 1941

1029

By Messrs. Hunnicutt and Price of Clarke County:
House Bill No. 754. A bill to amend an Act of the Legislature of Georgia entitled "An Act to establish a City Court in the County of Clarke, approved September 9, 1879," and to amend all the various Acts amendatory thereof, so as to provide when the Judge and Solicitor of said Court, being now the City Court of Athens, shall be elected; and for other purposes.
The report 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. Harrison of Jenkins County:
House Bill No. 761. A bill to amend an Act approved March 24, 1939, entitled an Act to create a new charter for the City of Millen, in the County of Jenkins, and State of Georgia, and to reincorporate said City and define its territorial 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Candler, Dunaway and Turner of DeKalb: House Bill No. 353. A bill authorizing a cadastral survey in certain
counties; and for other purposes.
Senator Campbell of the 34th offered the following substitute, which was adopted:
By Senator Campbell of the 34th: Substitute for Senate Bill No. 353. A BILL To be entitled an Act to authorize any counties in this State having a pop-
ulation of not less than 85,000 and not more than 100,000 according to the United States official census or any future census, to provide through a cadastral survey, a field book system for real property identification and evalution; to provide for use of survey stations thereof in connection with legal descriptions of land; to provide funds for the making of such surveys and the establishment and maintenance of such field book systems and for other purposes.
Be it enacted by the General Assembly and it is hereby enacted by the authority of the same:
Section 1. That from and after the passage of this Act, the Ordinary or Board of Commissioners of Roads and Revenues or other governing authorities of any county in this State having a population of not less than 85,000 and not more than 100,000 according to the United States official census or any future census, may establish, through a cadastral survey, a field book system

1030

JOURNAL OF THE SENATE,

for real property identification and evalution, including card indexeg or other authorized systems carrying any relative information in connection with the real property situated in any such county, and to provide for the use thereof in connection with legal descriptions of property in such county.
Section 2. For the purpose of providing funds for ll'laintaining such a field book system and other records, a fee not in excess of twenty-five (25c) cents, in addition to the legal recording fees, may be charged and collected for each instrument affecting real estate which may be recorded, and the Clerk of the Superior Courts of any county in which such a system has been inaugurated shall collect such fees and remit same to the County Treasury; provided, that the Ordinary Ol" Board of Commissioners of Roads and Revenues or other governing authorities shall, by resolution duly entered upon their minutes, provide for the establishment and maintenance of such a field book system and shall fix the fees to be charged, not in excess of twenty-five (25c) cents for each instrument, and shall furnish the Clerk of the Superior Court with a certified copy of such minutes.
Section 3. Be it further enacted by the General Assembly that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was ajlreed to by substitute.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
By Mr. Brooks of Mitchell:
House Bill No. 527. A bill to amend Section 92-4801 of the Code of 1933 relating to the bonds of Tax Collectors and Tax Commissioners; and for other purposes.
Senator Drake of the 8th offered the following amendment, which was adopted:
Amendment to House Bill No. 5!7.
Senator Drake of the 8th District moves to amend House Bill No. 527 by adding in the caption after the word "counties" in line 12 the following:
Provided this Act shall apply only to Counties in this State having a population of not less than 23,250, nor more than 23,270 according to the United States census of 1940 or any future census.
By amending Section 1 (one) of said Act by adding at the end of said section the following:
Provided that th~ Act shall apply only to counties of thi~ State having a population of not less than 23,270 nor more than 23,250 according to the United States census of 1940 or any future census.

SATURDAY, MARCH 22, 1941

1031

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 constitl!ltional majority, was passed as amended.
By Messrs. Roberts and Allison of Gwinnett:
House Resolution No. 127-727.
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, to authorize the Sunny Hill Consolidated School District of Gwinnett County 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 existing bonded indebtedness and interest thereon, and for the purpose of building and equipping other school facilities; to authorize the issuance of said bonds; to provide for the retirement of said bonds by taxation; to restrict the use of the proceeds derived from the sale of said bonds; to provide for the submission of this amendment to the people; and for other purposes.
Be it and it is hereby resolved by the General Assembly of Georgia:
Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end thereof a new paragraph as follows:
"And except that Sunny Hill Consolidated School District of Gwinnett County may issue refunding bonds not in excess of the aggregate sum of $14,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District now outstanding whether now due or to become due, and for the purpose of building and equipping other school facilities in said District. Said bonds shall not be issued except after an election shall have been held in the manner hereinafter provided, at which a majority of the voters of said Consolidated School District voting at said election shall have voted 'for the issuance of refunding boncl3.' It shall be the duty of the Ordinary of Gwinnett County, in the event this amendment is ratified, to call a special election within thirty clays of the date of the proclamation of the Governor declaring this amendment ratified to be held in said School District, and the ballots used therein shall have printed thereon 'for the issuance of refunding bonds' and 'against the issuance of refunding bonds,' and should a majority of the qualified voters voting in said election vote 'for the issuance of refunding bonds' then the Ordinary shall consolidate the returns and do declare said result. Said election shall be held in accordance with the general laws, rules and regulations governing special elections, and the qualifications of voters to vote in said election shall be determined by said general laws. Should said election result in favor of the issuance of said refunding bonds they shall be validated in the manner provided by law. Said Board of Trustees shall, by propert resolution, fix the denomination, maturity dates and interest

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JOURNAL OF THE SENATE,

rates upon said bonds. Said School District Trustees shall each year recommend to the fiscal authorities of said County the levy, 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 derived from the sale of said refunding bonds when issued shall be used exclusively for the purposes aforesaid."

Section 2. When this amendment shall have been agreed to by a two-thirds vote of the members of each House, and the "ayes" and "nays" thereon entered upon their respective Journals, it shall be published and submitted to the people, and the returns and declaration of the result shall be made in the manner provided by the Act approved March 24, 1939, (Ga. Laws, 1939, pp. 305, 307).

The report of the committee, which was favorable to the adoption 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:

Adams

Bargeron

Bland

Bradley

Burnside

Campbell

Clark

\.

Coker

Couch

Dobbs

Dorsey

Drake

Edenfield

Fortson

Franklin Garner Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland 'Lanier Lewallen Martin Mason

McGehee Milhollin Mosley Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Not voting were Senators: Almand, Barnhill, Cannon, Coxon, Daughtry, Edwards, Foster, Gross, and Odom.

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

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

By Messrs. Jones and Yawn of Dodge:
House Resolution No. 131-742B.
A RESOLUTION
Proposing to the qualified voters of this State for ratification or rejection an amendment to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize the issuance of funding bonds for the retirement of county warrants or other legal indebtedness of the County of Dodge; to provide the con-

SATURDAY, MARCH 22, 1941

1033

ditions under which such bonds may be issued; to require the operation of Dodge County upon a cash basis after such funding bonds are issued and to make provision for the payment of the funding bonds authorized by this amendment; and for other purposes.
Be it and it is hereby resolved by the General Assembly of Georgia:
Section 1. 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 paragraph to read as follows:
"Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Dodge 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, when issued, to be known and designated as 'warrant refunding bonds.' In the event the privilege granted herein is exercised by said County, the County fiscal authorities are thereafter prohibited from issuing warrants and deferred payment orders on the treasury of said County, and said County shall be operated on a cash basis so that all bills or claims chargeable to or against said County or payable out of the treasury of said County shall be paid monthly or otherwise as determined by the fiscal authorities 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 shall be issued until funds are on deposit sufficient to immediately pay same and all other checks then outstanding, and all such checks shall be signed by the chairman of said board or the chief executive officer of said County and signed or approved in writing by the treasurer of said County. The County fiscal authorities shall, notwithstanding this amendment, continue to have and exercise the right to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. The County fiscal authorities shall have the 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 or any law, rule or resolution of any other board, commissioner or authority to the contrary notwithstanding. Said warrant refunding bonds shall have such terms and provisions as to maturity, rate of interest and otherwise, as may be fixed by the County fiscal authorities, provided, however, that said bonds must all mature within thirty years from the date of issuance. Provision shall be made by the proper fiscal authorities by formal resolution for the assessment and collection of an annual tax in amount sufficient 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

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JOURNAL OF THE SENATE,

hereinabove described. Said warrant refunding bonds shall not be isssued until so authorized by an election held as hereinafter provided. When the County fiscal authorities shall by vote or resolution petition the Ordinary of the County to call an election for the purpose of determining whether or not said refunding bonds shall be issued, it shall be the duty of the Ordinary, within thirty days after said resolution has been filed with him, to call an election for the purpose of submitting to the qualified voters of the County the question of the issuance of said bonds. Said election shall be held and governed by all of the provisions of law now relating to other special elections, except that if a majority of the qualified voters voting in said election shall vote 'for issuance of warrant refunding bonds'; then the Ordinary of the County shall so declare the result and said refunding bonds shall be validated and issued in the manner and under the procedure now provided by law for the validation of original obligation bonds, and in accordance with this amendment. Should a majority of the qualified voters voting in said election vote 'against issuance of warrant refunding bonds', then said bonds shall not be issued."
Section 2. "\Vhen this amendment shall have been agreed to by a twothirds vote of the members of each House and the "ayes" and "nays" thereon entered upon the respective Journals, it shall be published, an election held thereon and the results thereof declared in the manner and according to the procedure outlined in the Act of 1939, (Ga. Laws 1939, p. 305.)
The report of the committee, which was favorable to the adoption 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:

Bargeron Bland Bradley Burnside Campbell Cannon Clark Coker Couch Dobbs Dorsey Drake Edenfield Franklin

Garner Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin Mason McGehee

Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Sumner Wall Whaley

Not voting were Senators: Adams, Almand, Barnhill, Coxon, Daughtry, Edwards, Fortson, Foster, Gross, and Striplin.

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

SATURDAY, MARCH 22, 1941

1035

On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By Messrs. Joiner of Cook and Connell of Lowndes:
House Bill No. 714.
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 Cook to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon clue and unpaid as of September 1, 1940, and which becomes due up to and including December 1, 1949, or any part thereof; 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 as of September 1, 1940, or which may become clue up to and including December 1, 1949, or any part thereof; to provide how and when said refunding bonds may be executed, issued and delivered; to provide for the submission of the amendment for the 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 a new paragraph, in the following words, to-wit:
"And except that the County of Cook may issue refunding serial bonds not in excess of the aggregate sum of $40,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said County outstanding, due and unpaid as of September 1, Hl40, and any bonded indebtedness and interest thereon of said County outstanding and which becomes due up to and including December 1, 1949, or any part thereof, 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 clue; the proceeds of all such refunding bonds so issued by the County of Cook to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of September 1, 1940, and any bonded indebtedness and interest thereon outstanding, and which becomes due up to and including December 1, 194B, or any part thereof. All of said bonds shall bear one date of issue, and be executed by the proper County officials then in dfice, when authorized by a resolution of the officials of Cook County charged with the duty of managing its fiscal affairs, and shall be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds, and said refunding bonds shall be sold and delivered, and the proceeds used to acquire bonds, or exchange for bonds, of the existing County bonded indebtedness, such sales or exchanges to be made from time to time

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JOURNAL OF THE SENATE,

under authority of resolutions of the governing authority of said County. In case the officers whose signature, or facsimilie signature, shall appear on the bonds or coupons shall come to be such of:i'icers before delivery of such bonds, such signatures shall nevertheless be valid and sufficient in all respects, the same as if they had remained in office until such delivery."

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, same 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 County of Cook 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 County of Cook 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 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:

Bargeron Bland Bradley Burnside Campbell Cannon Coker Couch Dobbs Dorsey Drake Edenfield Franklin Garner

Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin Mason McGehee Milhollin

Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Sumner Wall Whaley

SATURDAY, MARCH 22, 1941

1037

Not voting were Senators: Adams, Almand, Barnhill, Clark, Coxon, Daughtry, Edwards, Fortson, Foster, Gross, and Striplin.
By Unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
By Mr. Inglis of Habersham:
House Resolution No. 58-326A. A resolution proposing an amendment to the Constitution, authorizing the County Qf Habersham to assume the school
bonded indebtedness of the several school districts and municipalities and to authorize the County Board of Education to recommend the levy of a sufficient tax millage over a period of years to pay the principal and interest of school bonded indebtedness; and for other purposes.
Senator Cannon of the 40th offered the following amendment which was adopted:
Connan of the 40th District, moves to amend House Resolution No. 58326A by striking the period at the end of the last word in the last line in Section 1 thereof, and add the words as follows:
Provided, however, that this proposed constitutional amendment shall not be effective within the territory included in the Tallulah Falls consolidated school district as now established, being partly in Habersham County and partly in Rabun County, where great interest has been, and is being, centered by the good women of Georgia.
The resolution as amended was as follows:
A RESOLUTION Proposing an amendment to Article VIII, Section IV, Paragraph I of the Constitution of Georgia, authorizing the County of Habersham to assume the school bonded indebtedness of the several school districts and municipalities and to authorize the County Board of Education to recommend the levy Qf a sufficient tax millage over a period of years to pay the principal and interest of school bonded indebtedness, to provide that Habersham County shall constitute one school district under the supervision and control of the County Board of Education to require tax levying authorities to levy tax recommended by County Board of Education; to provide county-wide elections for making this amendment mandatory; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article VIII, Section IV, Paragraph I of the Constitution
of Georgia, as heretofore amended, be further amended by adding at the end thereof a new subparagraph as follows:
"The tax-levying authorities of Habersham County, upon the recommenda-

1038

JOURNAL OF THE SENATE,

tion of the Habersham County Board of Education, shall levy a sufficient rate of taxation on all property in Habersham County to pay the interest and provide sufficient amount of sinking fund to retire school bonds of the various local school districts and municipalities outstanding at the time this amendment is ratified or hereafter issued by the County in accordance with the law; the school bonded indebtedness of the various districts and municipalities shall remain a valid obligation against the several school districts and municipalities and be paid by the districts as they were constituted when bonds were voted, until the County of Habersham shall make necessary arrangements to assume the school bonded indebtedness of the various districts and municipalities. When these bonds shall have been assumed by Habersham County there shall be levied annually a tax sufficient in amount to pay principal aile! interest of said bonds so assumed and no more tax levied and collected for bond purposes in the various districts and municipalities other than the tax herein provided for; no rights of th-c holders of any bonds to be aZected by the assumption of the County of the obligation to pay said bonds.
"All territory within the County of Habersham shall constitute one school district, and shall be under the supervision and control of the County Board of Education.
"The school district maintenance tax in effect at the passage of this Act in the several school districts of the County shall be abolished and in lieu thereof the County Board of Education of Habersham is hereby authorized to recommend to the tax-levying authorities and said authorities authorized and directed upon such recommendation to levy a county-wide school district maintenance tax from one to five mills, in addition to the five mills count::-wide maintenance tax now authorized by law, provided that this tax shall be used to pay the cost of lights, water, fuel, and other maintenance and operation costs for the operation of all schools of the county and provided that homestead exemption laws in effect shall apply to this maintenance tax, provided, however, that this proposed constitutional amendment shall not be effective within the territory included in the Tallulah Falls Consolidated School District as now established, being partly in Habersham County and partly in Rabun County, where great interest has been, and is being, centered by the good women of Georgia."
Section 2. Upon the ratification of this amendment, it shall be the duty of the Ordinary of Habersham County to call an election to determine whether or not the provisions of this constitutional amendment shall become operative in Habersham County and mandatory upon the officers herein named to exercise the powers herein granted; said election s'oall be held under the general laws governing special elections in this State, except as herein provided; but if a majority of the qualified voters of Habersham County participating in the general election should vote in favor of ratifying this constitutional amendment at the general election to be held on Tuesday after the first ?.1onday in June, 1941, then it shall not be necessary for the Ordinary of Habersham County to call a special election; provided, however, that should a majority of the voters of Habersham County vote against this constitutional amendment in the election to be held on Tuesday after the first Monday in June, 1941,

SATURDAY, MARCH 22, 1941

1039

then if and when this amendment shall be ratified by the people of Georgia it shall be the duty of the Ordinary of Habersham County to call a special election within one year after the ratification and approval of this constitutional amendment by the people of Georgia, the county to pay the expenses of said election or elections to pass upon said amendment, which election shall be held in the same manner as other elections are held in said County except as herein provided.
Section 3. Notice of said election shall be published by the Ordinary in the official county organ once a week for four consecutive weeks before said election is held. All persons voting at said election in favor of making the provisions of this amendment mandatory upon said officers shall have written or printed on their ballots the words: "For establishing in Habersham County a county-unit school system" and all persons opposed thereto shall have written or printed on their ballots the words: "Against edablishing in Habersham County a county-unit school system." The returns of said election shall be made to said Ordinary, and the result declared by him. If a majority of the qualified voters of Habersham County voting in said election shall vote in favor of making this amendment operative in Habersham County and requiring the officers herein named to exercise the powers herein granted, the provisions of this amendment shall become operative in Habersham County when said result is declared by the Ordinary, and it shall become mandatory upon the officers herein named to exercise the powers granted in this amendment.
If the first election held should be adverse to this amendment, it shall be the duty of the Ordinary of Habersham County to again submit to the voters of Habersham County the question of whether this amendment shall become operative in Habersham County, when said Ordinary is requested so to do by the County Board of Education of HabErsham County; provided, elections shall not be held for this purpose within less than one year of each other.
Section 4. \Vhenever this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their Journals, with the "ayes" and "nays" taken thereon, the Governor is hereby authorized and directed to cause said amendment to be published in the manner prescribed by law. The ballots to be used in said election shall have written or printed thereon the words: "For amendment to Article 8, Section 4, Paragraph 1, of the Constitution creating in Habersham County a county-unit school system," and "against amendment to Article 8, Section 4, Paragrap:1 1 of the Constitution, creating in Habersham County a county-unit school system." All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: "For establishing in Habersham County a county-unit school system." All persons opposed to the amendment shall have written or printed on their ballots the words: "Against establishing in Habersham County a county-unit school system." Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote "For establishing in Habersham County a county-unit school system," the returns of said election shall be consolidated as now re-

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JOURNAL OF THE SENATE,

quired by law in elections for members of the General Assembly, and it shall be the duty of the Secretary of State to certify the results of the vote on this amendment to the Governor, and when such vote is so certified, and it shall appear that a majority of the qualified voters voting in said election voted in favor of said amendment, then the Governor shall issue his proclamation declaring that said amendment was ratified, and the same shall become a part of Article 8, Section 4, Paragraph 1 of the Constitution.

Section 5. All laws or provisions of the Constitution in conflict with this amendment are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
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:

Adams Bargeron Bland Bradley Burnside Campbell Cannon Clark Coker Couch Dobbs Dorsey Drake Edenfield

Fortson Franklin Garner Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin

::.\'[a s o n McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Sumner Whaley

Not voting were Senators: Almand, Barnhill, Coxon, Daughtry, Edwards, Foster, Gross, Striplin, and \Vall.

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

On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
Mr. Campbell of the 34th 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 recommendations:

SATURDAY, MARCH 22, 1941

1041

House Bill No. 282. Do pass.
Respectfully submitted, Campbell of 34th district, chairman.
Senator Lanier of the 18th asked unanimous consent that the Senate reconsider its action in passing the following bill of the House:
By Messrs. Lester, Hanis and Jones of Richmond, Gowen of Glynn, and Wetherbee of Dougherty:
House Bill "01o. 439. A bill to amend Title 92, Part 9 (Income Taxes) of the Code of 1933 so as to define residents; and for other purposes.
The consent was granted.
Senator Lanier of the 18th offered the following amendment which was adopted:
To amend House Bill No. 439 as follows:
By amending the caption of said bill by inserting before the last clause "and for other purposes" the following:
"By amending Section D2-:l401 which deals with Estate and Inheritance Taxes by adding thereto a new sub-paragraph to be known as Section 92-3401 (a), and to provide for the assessment and collection of a tax on all property m this State owned by a non-resident; the same to be determined as set forth in Section 92-3401 of the Code."
By amending said bill so as to amend Section 92-3401 of the Code by adding a new sub-paragraph to be known as Section 92-3401 (a) and to read as follows:
"Section 92-3401 (a). It shall be the duty of the legal representative of the estate of any person who may die a non-resident of this State but who owns or controls property located within this State, and whose estate is subject to the payment of a Federal Estate Tax, to file with the State Revenue Commissioner a duplicate of the return which he is required to make to the Federal authorities and pay a tax thereon as determined by Section 92-3401 of this Code. The amount of the tax to be paid shall be in proportion to the amount of property located in this State as compared to the total amount of property located elsewhere."
The xeport 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 requi~ite eonstitutional majority, was passed as amended.
The following resolution of the Senate was read and adopted:
By Senator Drake of the 8th, and others:

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JOURNAL OF THE SENATE,

Senate Resolution No. 72.
A RESOLUTION
Whereas, under present world economic conditions the markets for agricultural and naval store products are highly restricted due to export limitations brought about as the result of the present war; and
Whereas, it is highly desirable that parity payments on all agricultural and naval store products be increased in order to offset the limited market facilities and demands for the same, and to insure the continued production thereof at a profit to the farmers and naval store operators of this State and throughout the South; and
Whereas, under the operation of the present acts providing for parity payments and loans on farm produce and naval store products large surpluses of the same, especially surpluses of pure gum spirits and pure gum rosin have accumulated in the warehouses and storage places of the South and nation, which surpluses seriously affect prices on such products and tend to keep the market depressed;
Now therefore be it resolved by the Senate of the State of Georgia that we do hereby recommend and request that the members in the National Congress from Georgia prepare, sponsor and have enacted by the National Congress all legislation necessary to raise and increase the parity payments and loan value on pure gum spirits of turpentine and pure gum rosin; and that legislation be enacted, if such is necessary, to provide for the reduction of the surpluses of such products now on hand in the warehouses and storage places of this nation due to previous parity payments or loans, by providing for the use of pure gum spirits in national defense projects, such as the usc of same for disinfectants in the army camps and latrines and in the public buildings of the United States; that the members of National Congress use their influence with the national defense committees, the office of Production Management and other official bodies charged with preparation for national defense to increase the use of pure gum spirits and pure gum rosin in the national defense program in every way possible where such products can be used as effectively a'1d as economically as other competing products, to the end that the surpluses of such products now on hand as aforesaid may be reduced or entirely consumed.
Be it further resolved that the Secretary of the Senate is hereby authoriz:.-d and directed to forward a copy of this resolution duly inscribed by the officers of this Senate to each Congressman from Georgia, and to each Senator fr:m1 Georgia, with the request that the recommendations herein made shall be carried out by said members.
The President asked unanimous consent that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
The following communication was dispatched to His Excellency, the Governor, through Lindley W, Camp, Secretary of the Senate:

SATURDAY, MARCH 22, 1941

1043

The State Senate Lindley W. Callip, Secretary
Atlanta, March 22, 1941

Hon. Eugene Talmadge, Governor Executive Department State Capitol Atlanta, Georgia

Dear Governor:
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 Member of State Board of Health: Dr. W. K. White, of the City of Savannah, for a term beginning September 1, 1940, and expiring September 1, 1946. The vote on this confirmation was 43 to 0.
For Member of State Board of Health: Dr. J. G. Williams, of the City of Atlanta, for a term of 6 years, beginning September 1, 1940, and expiring September 1, 1946. The vote on this confirmation was 43 to 0.
For State Supervisor of Pu1chases: Hon. H. Carson Smith, of the County of Gwinnett, for a term of 4 years, beginning January 14, 1941, and expiring January 14, 1945. The vote on this confirmation was 43 to 0.
For Judge of the County Court of Henry: Hon. A. C. Elliott, for a term beginning March 19, 1941, to serve until the new judge of the City Court of McDonough becomes effective and operative. The vote on this confirmation was 43 to 0.
For Judge of the County Court of Lanier County: Hon. Jim Conine, of the County of Lanier, for a term of 4 years beginning August 15, 1941, and expiring August 15, 1945. The vote on this confirmation was 43 to 0.
For Solicitor of the County Court of Lanier County: Hon. M. E. Johnson, of the County of Lanier, for a term of 4 years beginning August 15, 1941, and expiring August 15, 1945. The vote on this confirmation was 43 to 0.
Respectfully yours, Lindley W. Camp, Secretary of State Senate.
The Senate reconvened in regular session at 12 o'clock noon, and resumed the order of business established by the Rules Committee.
Senator Couch of the 52nd asked unanimous consent to have House Bills Nos. 653 and 654 immediately transmitted to the House, and the consent wa~ granted,

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Senator Milhollin of the 46th asked unanimous consent that when the Senate adjourn its morning session, it stand adjourned until 2 o'clock this afternoon, and the consent was granted.
The following bill of the House was read the third time and put upon its passage:
By Mr. Welch of Cobb:
House Bill No. 161. A bill to repeal Section 27-2512 of the 1933 Code pertaining to electrocution; to provide for the execution of persons sentenced to punishment by death by the administration of lethal gas; and for other purposes.
Senator Smith of the 24th moved to table the bill.
On the motion to table, the ayes were 2, nays 30, 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, the ayes were 31, nays 3.
The bill, having received the requisite constitutional majority, was passed.
Senator Campbell of the 34th asked unanimous consent to reconsider the action of the Senate in passing the following bill of the House:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
House Bill No. 566'. A bill to amend the charter of the City of Atlanta relative to exemption of drivers of fire departments from tort liability or property damage in case of accident while proceeding or returning in answer to a fire alarm; and for other purposes.
The consent was granted.
Senators Couch of the 52nd and Campbell of the 34th offered the following substitute, which was adopted:
Substitute to House Bill No. 566. AN ACT
Entitled an Act to provide for the exemption of drivers, operators and members of publicly owned fire departments in cities having a population of more than three hundred thousand (300,000) by the United States Census of 1940, or subsequent census, from tort liability for personal or property damage in case of accident while proceeding to a fire alarm or returning therefrom under emergency orders.
Be it enacted by the General Assembly of the State of Georgia, and it is he1eby enacted by authority of the same, as follows:
Section 1. A driver or operator of fire apparatus publicly owned and operated by any member of a fire department in cities having a population pf more than three hundred thousand (300,000) by the United States Census

SATURDAY, MARCH 22, 1941

1045

of 1940, o1 subsequent census, shall be exempted from any tort liability by reason of injuries sustained to the person or property of any one, where such damage or injury is caused by the driving of such apparatus in responding to a fil'e alarm, or while returning to a fire station under emergency orders of a Chief or Assistant Chief to put equipment back into service for another call.

Section 2. That nothing in this Act shall in any manner affect the liability of such municipalities owning such fire apparatus for the torts of its employees under the general laws now prevailing in this State.

Section 3. Fire appa1atus as used herein shall be considered to include salvage and first aid care; chiefs' cars; hose wagons; pumpers; aerial trucks; water towers; service trucks; supply trucks; or other automotive equipment used in fire fighting publicly owned and operated.
Section 4. All laws and parts of laws in conflict with the provisions of 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 33, nays 0.

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

by substitute.

'-:-' I

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

By Mr. Mixon of Irwin:

House Bill No. 750. A bill to amend the Revenue Tax Act to legalize alcoholic beverages by providing that any county which has held an election in accordance with the Act, resulting in a majority of votes being cast in favor of legalizing alcoholic beverages, may call an election to nullify the previous 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 36, nays 0.

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

Senator Franklin of the 38th submitted the following report of the Conference Committee on House Bill No. 685:

On the 21st day of March, 1941, House Bill No. 685 came on passage in the Senate, and
The Senate passed said bill by ,;ubstitute after which the House 1efused to concur thereon, and appointed a Conference Committee to confer with a like committee from the Senate.

At a joint conference the Conference Committee of the Senate agreed to

1046

JOURNAL OF THE SENATE,

recede from its position on the substitute bill in behalf of the original bill.

This 22nd day of March, 1941.

Respectfully submitted, Cecil L. Franklin, of 38th, Chairman, Mason of 30th, J. D. Kirkland of 49th-

Senator Franklin of the 38th moved that the Senate recede from its substitute to House Bill No. 685 and that the Conference Committee report be adopted.

The motion prevailed.

The following resolution of the House was read the third time and taken up for consideration:

By Mr. McClure of Catoosa:
Hou~e Resolution No. 76-446A. A resolution authorizing the Department of Public Safety to pay to the County of Catoosa a sum not exceeding $500 to reimburse ~aid County for the hospitalization of Charles Coates; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Bargeron Burnside Campbell Clark Coxon Dorsey Garner

Harrison Houston Kiker Kirkland Mason Milhollin Odom

Pilcher Ragan Smith, 35th Steed Wall Whaley

Those voting in the negative were Senators:

Barnhill Bland Bradley Couch Dobbs Edenfield Franklin

Gross Guyton Hamilton Hill Holt Lanier Lewallen

McGehee Park Rowland Smith, 24th Sumner

Not voting were Senators: Adams, Almand, Cannon, Coker, Daughtry, Drake, Edwards, Fortson, Foster, Martin, Mosley and Striplin.

By unanimous consent, the verification of the roll call was dispem;ed with.

SATURDAY, MARCH 22, 1941

1047

On the adoption of the resolution, the ayes were 20, nays 19.
The resolution, having failed to receive the requisite constitutional majority, was lost.
Senator Couch of the 52nd submitted the following report of a special committee provided for under Senate Resolution No. 12:
Mr. President:
Your Committee appointed under a resolution adopted by the Senate on January 23, 1941, to ascertain whether or not trackless trolleys in Georgia are subject to the provisions of the law requiring that they obtain tags, submit the following report:
We recommend that this question be referred to the proper department of the State and if such vehicles are subject to a vehicle tax that said department proceed to collect in all such taxes. as may be due the State.
Respectfully submitted, Hugh C. Couch, of 52nd, J. H. :McGehee, of 25th, Grady N. Coker, of 39th.
The following privileged resolutions were read and adopted:
By Senator Lanier of the 18th:
A resolution extending the privileges of the floor to Miss Doris Steed, charming daughter of the Senator from the 43rd, and to Miss Ruth Meeks of Kite, Georgia.
By Senator Burnside of the 29th and Senator Fortson of tne 50th:
A RESOLUTION Whereas, on March 20, 1941, the Georgia Plant Growers Association gave a splendid appreciation dinner honoring Senator J. L. Pilcher of the 7th District for his efforts in behalf of the plant growers of Georgia, and,
Whereas, our fellow member, the Honorable J. L. Pilcher, invited members to attend this splendid dinner given in his behalf at the New Albany Hotel, in Albany, Georgia, and,
Whereas, each member who availed himself of this opportunity to attend this "Appreciation Dinner", enjoyed to the fullest the hospitality arrd kindness shown to all,
Therefore, be it now resolved that this Senate express its deep appreciation for being allowed to share in the exercises bestowing this honor on our distinguished fellow Senator, and,
Be it further resolved that a copy of this resolution be sent to the HonOl'able J. L. Pilcher, and a copy be also sent through him to the Georgia Plant Growers Association.

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JOURNAL OF THE SENATE,

By Senator Clark of the 44th and Senator Guyton of the ht:
A RESOLUTION
Whereas, the Senator from the 13th, the Honorable Cooper Bradley, has been absent for some days from the session of the Senate on account of being seriously ill, and
Whereas, he has so far recovered his health as to be able to attend today's sessions of the Senate,
Therefore, be it resolved by the Senate, that we hereby ex]wess to him our joy in noting his recovery and return to his work with us and assure him of our appreciation of his selvices here.
By Senators Striplin of the 37th and Fortson of the 50th:
A RESOLUTION Whereas, the Honorable Henry Nevin, the able and efficient Assistant to the Secretary of the Senate, has been most helpful to every Senator in this body, and has always shown patience and consideration in every request asked of him by any member, and
Whereas, the Honorable Henry Nevin has been interested in seeing that every Senator be given every possible opportunity to see bills and to read them, even when it meant distupting the detail work that he had to perform, and
Whereas, each Senator's service in this session of 1941 has hewn made easier in every way by the courtesy of this able member of the Secretary's office,
Therefore, be it now resolved that this Senate do now extend its grateful thanks for all that this efficient Assistant has done for each member, and to commend him for his splendid work.
Senator Milhollin of the 46th moved that the Senate do now adjourn until 2 o'clock this afternoon, and the motion prevailed.
The Senate reconvened at 2 o'clock and resumed the transaction of business.
Senator Lanier of the 18th asked unanimous consent that the Senate reconsider its action in failing to adopt the following l"esolution of the House:
By 1\lr. McClure of Catoosa: House Resolution No. 76-446A. A resolution authorizing the Department
of Public Safety to pay to the County of Catoosa a sum not exceeding $500 to reimburse said County for the hospitalization of Charles Coates; and for other purposes.
The consent was granted.
Senator Lanier of the 18th offered the following amendment, which was adopted:

SATURDAY, MARCH 22, 1941

1049

Lanier of the 18th, Gross of the 20th, Whaley of the 45th move to amend House Resolution No. 76-446A as follows:

By striking- all words after the word Catoosa in the third line of paragraph six ( 6) of the resolution and ad din!!, in lieu thereof the following: Such sum as the Governor shall approve as being wise and equitable not to exceed $500.00; the Governor s:1all not deem this resolution mandatory but permissive and such sum as approved to be paid shall be paid from funds of th<' Public Safety Department if available or from the Governor's Contingency Fund.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Bland Bradley Burnside Campbell Cannon Clark Coker Coxon Daug-htry Dobbs Dorsey Drake Edenfield Franklin

Garner Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin Mason

McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Steed Striplin Sumner Wall Whaley

Not voting were Senators: Adams, Almand, Bargeron, Barnhill, Couch, Edwards, Fortwn, Foster, Smith of 24th, and Smith of 35th.

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having- received the requisite constitutional majority, was adopted as amended.

Senator Campbell of the 34th asked unanimous consent to take up the following bill of the Senate for the purpose of considering a substitute offered by the House:

By Senators Campbell of the 34th and Couch of the 52nd:
Senate Bill No. 122. A bill to amend Section 26"-6301 of the Code so as to include the possession, lending or transporation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the Acts

1050

JOURNAL OF THE SENATE,

prohibited and penalized by said Section; and for other purposes.
The consent was granted.
The House offered the following substitute:
Committee Substitute for Senate Bill No. 122.
A BILL
To be entitled an Act to amend Section 26-63-6301 of the Code of 1933 sv as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the Acts prohibited and penalized by said Section; 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 Section 266301 of the Code of 1933 be and the same is hereby amended by inserting in the third line thereof, between the words "shall" and "give", the words "lend or"; and in the third line thereof, between the word "to" and "give", the words "lend or"; and in the third line thereof, between the words "or" and "having", the words "who shall possess or"; and in the eighth line thereof, between the words "use" and "or" the words "or any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally made up of pictures or stories of deeds of lust"; and in the eleventh line thereof, between the words "shall" and "be" the words "upon conviction"; and by adding, at the end of said Section, the following paragraph, to-wit: "Any person who deposits, or causes to be deposited, in any post office, within the State, or places in charge of an express company, or a common carrier, or other person, for transportation, or for any purpose save the destruction thereof, any of the articles or things specified in Section 26-6301, as amended, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent of having the same conveyed by mail or express, or in any other manner, except in the United States mail, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor"; and by adding, at the end of the above and foregoing paragraph, the following paragraph, to-wit: "Nothing in this Act shall be construed to alter or repeal Section 26-6301 of the Code of 1933 relating to "Sale, etc., of obscene pictures". The General Assembly of the State of Georgia hereby expresses its intention that said Section shall stand and continue as the law of the State of Georgia, and that the present enactment shall only be supplementary thereto, so that said Section, when so amended, shall read as follows:
"Section 26-6301. (385 P. C.) Sale, etc., of obscene pictures. Any person who shall bring, or cause to be brought, into this State for sale or exhibition, or shall sell or offer to sell, or shall lend or give away, or offer to lend or give away, or who shall possess or having possession thereof, shall knowingly exhibit to another any indecent pictorial newspaper tending to debauch the morals, or any indecent or obscene book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally made up of pic-

SATURDAY, MARCH 22, 1941

1051

tures or stories of deeds of lust, or shall advertise any of said articles or things for sale, by any form of notice, printed, written, or verbal, or shall manufacture, draw, or print any of said articles, with intent to sell or expose or to circulate the same, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor.
Any person who deposits, or causes to be deposited, in any post office, within the State, or places in charge of an express company, or of a common carrier, or other person, for transportation, or for any purpose save the destruction thereof, any of the articles or things specified in Section 26-6301, as amended, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent to having the same conveyed by mail or express, or in any other manner, or who knowingly or wilfully receives the same, with intent to carry or convey, or knowingly or wilfully carries or conveys the same by express, or in any other manner, except in the United States mail, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor.
Nothing in this Act shall be construed to alter or repeal Section 26-6301 of the Code of 1933 relating to 'Sale, etc., of obscene pictures'. The General Assembly of the State of Georgia hereby expresses its intention that said Section shall stand and continue as the law of the State of Georgia, and that the present enactment shall only be supplementary thereto."
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Senator Campbell of the 34th moved that the Senate concur in the House substitute.
On the motion to concur, the ayes were 33, nays 0, and the motion prevailed.
Senator Whaley of the 45th asked unanimous consent to take up the following bill of the Senate for the purpose of considering a substitute offered by the House:
By Senator Whaley of the 45th:
Senate Bill No. 68. A bill to amend Section 45-308 of the Code, as amended by an Act approved March 24, 1939, as contained in the Acts of 1939, Pages 204, 205, and 206', known as an Act providing 9, "l different date for the commencement of open season for the hunting of game m certain territory of this State by striking from said Act in Section One thereof the words "Telfair, Jeff Davis, and Appling Counties."
The consent was granted.
The House offered the following substitute:

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JOURNAL OF THE SENATE,

A BILL
To be entitled an Act to amend Section 45-308 of the Code of Georgia of 1933 relating to the unlawful open season for hunting game birds and animals in this State by providing that the open season for hunting Bobwhite quail in this State shall be uniform in every County of this State; 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. Section 45-308 of the Code of Georgia of 1933 as it is now amended, relating to the lawful open season for hunting game birds and animals in this State be, and the same is hereby amended by adding after the words Bobwhite quail, November 20 to :March 1, inclusive, the words "which shall be uniform in every County of this State."

Section 2. This Act shall operate to repeal so much of the Act approved March 24, 1939, providing for a different date for the commencement of open season for the hunting of game in certain territory in this State, as may be in conflict herewith, but the other provisions of the said Act not in conflict herewith shall remain of full force and effect.

Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Senator Whaley of the 45th moved that the Senate concur in the House substitute.

On the motion to concur, the ayes were 28, nays 0, and the motion prevailed.

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

By Messrs. Chastain and Hart of Thomas: House Resolution No. 123-715C.

A resolution by the House of Representatives, the Senate concuning, that the sum of five thousand, seven hundred and no-100 dollars be and is hereby appropriated to be paid to Thomas County and the Governor is hereby authorized to draw his warrant for the same to refund Thomas County for a contribution to the State Sanitorium at Alto; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agTeed to.

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

Those voting in the affirmative were Senators:

Adams Barnhill

Bland Bradley

Burnside Campbell

SATURDAY, MARCH 22, 1941

1053

Clark Coker Couch Coxon Daughtry Dobbs Dorsey Drake Edenfield Edwards Fortson Franklin Garner

Gross Guyton Hamilton Harrison Hill Holt Houston Kiker Kirkland Lanier Lewallen Martin Mason

McGehee Milhollin Mosley Odom Park Pilcher Ragan Rowland Steed Striplin Sumner Wall Whaley

Not voting were Senators: Almand, Bargeron, Cannon, Foster, Smith of 24th, and Smith of 35th.

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

On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

By Messrs. Anderson of wayne and Rowland of Johnson:
House Bill No. 698. A bill to amend an Act to amend Section 92-3701 of the Code of 1933 by authorizing counties to levy a tax 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 33, nays 0.

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

By Messrs. Lester, Harris, and Jones of Richmond:
House Resolution No. 103-593A. A resolution to designate the route traveled by General Joe Wheeler through Georgia during the War Between the States as the Joe Wheeler Highway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 31, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

By Mr. Wells of Clayton:
House Resolution No. 32-137 A. A resolution to compensate Robert Coleman of Clayton County for time he served on the chaingang for the offense of murder, the guilty party having confessed to said crime; and for other pure

1054

JOURNAL OF THE SENATE,

poses.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an apprcpriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams

Edwards

Bargeron

Fortson

Bland

Foster

Bradley

Franklin

Burnside

Garner

Campbell

Gross

Clark

Guyton

Coker

Hamilton

Couch

Harrison

Coxon

Hill

Daughtry

Holt

Dobbs

Houston

Dorsey

Kiker

Drake

Kirkland

Edenfield

Lewallen

Martin Mason McGehee Milhollin Odom Park Pilcher Ragan Steed Striplin Sumner Wall Whaley

Not voting were Senators: Almand, Barnhill, Cannon, Lanier, Mosley, Rowland, Smith of 24th, and Smith of 35th.

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

On the adoption of the resolution, the ayes were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

By Messrs. Pickett of Pickens and Yawn of Dodge:
House Bill No. 668. A bill to regulate strikes, slow-downs and stoppages of work; to prohibit strikes except on written notice; and for other purposes.

The report 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 Messrs. Hicks of Floyd and Roughton of Washington:
House Bill No. 366. A bill to amend an Act to establish the Department of Labor, by increasing the term of the Commissioner of Labor from two to four years; and for other purposes.

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

SATURDAY, MARCH 22, 1941

1055

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Kennedy of Tattnall:
House Bill No. 492. A bill to establish State standards of weights and measures and define the duties of the Commissioner of Agriculture in connection therewith; and for other purposes.
The report 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, nay.s 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Pittman of Berrien:
House Bill No. 321. A bill to prohibit the use or handling of poisonous snakes in such manner as to endanger the health and safety of the public; and for other purposes.
The report 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. 2\'Iaund of Talbot: House Bill No. 252. A bill to amend Section 59-105 of the Code of 1933
which provides for the compensation of commissioners and clerks for rev1smg jury lists, so as to increase said compensation from $2 to $3 per day; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Messrs. Elliott of Muscogee and Brinson of Chattooga: House Bill No. 391. A bill to provide a simpler method for the trial and
correction of errors of law by the Supreme Court and Court of 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Coker of the 39th submitted the following report of the confer-

1056

JOURNAL OF THE SENATE,

ence Committee on House Bill No. 201:
Mr. President:
Your committee appointed on conference on House Bill No. 201 begs to submit the following report:
Your Conference Committee has been unable to agree, and requests that a new Conference Committee be appointed.
Respectfully submitted, On the part of the Senate, Grady N. Cok~r, of 39th, R. E. Cannon, of 49th, Campbell, of 34th. On the part of the House, .D. M. Livingston, of Polk, Dorsey, of Cobb, Strickland, of Haralson.
Senator Coker of the 39th moved that the report of the Conference Committee be adopted, and that the President appoint a second Conference Committee on the part of the Senate to consider the bill.
The motion prevailed and the President named Senators Sumner of the lOth, Mosley of the 15th and Smith of the 24th as a second Conference Committee on the part of the Senate.
The following resolution of the House was taken up for consideration:
By Mr. Evans of McDuffie, and Smith of Hall: H_.&'use Resolution No. 36-137E.
A RESOLUTION Proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the civil jurisdiction of Justices of the Peace in this State:
Be it resolved by the General Assembly of Georgia:
Section 1. That Article VI, Section VII, Paragraph II of the Constitution of the State of Georgia be and the same is amended by striking out the paragraph now reading as follows:
"Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed one hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court, under such regulations as may be prescribed by law."
And inserting in lieu of the paragraph so stricken a new paragraph to read as follows:

SATURDAY, MARCH 22, 1941

1057

"Article VI, Section VII, Paragraph II, Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court under such regulation as may be prescribed by law."
Section 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 of each House, said amendment shall be entered on the Journals with the "ayes" and "nays" and shall be published by the Governor 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 a brief and concise summary of said amendment, not exceeding two hundred words, shall be published in the newspaper in each County in which sheriff's advertisements are published twice during the two weeks immediately prior 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 the adoption of the said proposed amendment to the Constitution shall have written or printed on their ballots the words:
"For ratification of the amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the civil jurisdiction of Justices' Courts."
And all persons opposed to the adoption of said amendment shall have written or printed on their .ballots the words:
"Against ratification of the amendment to Article VI, Section VII, Paragraph II, of the Constitution of Georgia increasing the civil jurisdiction of the Justices' Courts."
Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote for ratification of the said amendment, the Governor shall by his proclamation to be issued ten days from the date of the election so declare and the foregoing amendment shall become a part of Article VI, Section VII, of the Constitution of this States as Paragraph II thereof.
Senato1 Houston of the 51st asked unanimous consent to withdraw an amendment which he had offered to the resolution on March 21st, and the consent was granted.
The report of the committee, which was favorable to the adoption 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:

1058

JOURNAL OF THE SENATE,

Adams Bargeron Barnhill Burnside Campbell Cannon Clark Coke. Couch Coxon Daughtry Dobbs Dorsey Edenfield

Edwards Fortson Foster Franklin Garner Guyton Hamilton Harrison Hill Holt Houston Kirkland Lanier Lewallen

Martin Milhollin Park Pilcher Ragan Rowland Smith, 24th Smith, 35th Steed Striplin Sumner Wall Whaley

Those voting in the negative were Senators:

Bland Bradley Drake

Mason McGehee Mosley

Odom

Not voting were Senators: Almand, Gross, and Kiker.

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

On the adoption of the resolution, the ayes were 41, nays 7.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

Senator Wall of the 28th asked unanimous consent to take up the following bills of the House for the purpose of considering the disagreement of the House tQ the Senate amendments thereto:

By Mr. Rossee of Putnam:
House Bill No. 417. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam; and for other purposes.

By Mr. Rossee of Putnam:
House Bill No. 455. A bill to amend an Act creating a new charter for the City of Eatonton; and for other purposes.

The consent was granted.

Senator Wall of the 28th moved that the Senate insist upon its amendments to the above bills, and ask the President to appoint a Conference Committee to confer with a like committee Qll the part of the House to consider the above bills.

The motion prevailed, and the President named Senators Wall of the 28th,

Adams of the 31st and Daughtry of the 21st as a Conference Committee on

the part of the Senate.



SATURDAY, MARCH 22, 1941

1059

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority, the following bills and resolutions of the Senate, to-wit:
By Senator Couch of the 52nd:
Senate Bill No. 104. A bill to amend Section 84-1404 of the Code of Georgia relating to the creation of the Georgia Real Estate Commission; and for other purposes.
By Senator Harrison of the 23rd:
Senate Bill No. 110. A bill to be entitled an Act to amend Section 242713 of the code relating to the bond required of Clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes.
Mr. President:
The House has agreed to the Conference Committee report on the following bill of the House, to-wit:
By Mr. Witherington of Wilcox:
House Bill No. 265. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Wilcox County; and for other purposes.
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
Senate Resolution No. 68-228. A resolution advising that a legislative committee be appointed to advise in the preservation of natural resources; and for other purposeL
By Senator Drake of the 8th: Senate Bill No. 176. A bill to be entitled an Act to amend Section 58-
502 of the Code of Georgia providing certain exemptions under the term "motor carrier"; and for other purposes.
By Senator Redwine of the 26th: Senate Bill No. 208. A bill to be entitled an Act to amend Section 32-
1006 of the Code of 1933 relating to the compensation of County School Superintendents; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Mr. Rich of Union: House Bill No. 723. A bill to be entitled an Act to repeal and supersede
the several Acts incorporating the Town of Blairsville, and to create a new charter for said Town; and for other purposes.

1060

JOURNAL OF THE SENATE,

By Mr. Taft of Atkinson:
House Bill No. 654. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Atkinson County; and for other purposes.
By Mr. Richardson of Hart: House Bill No. 679. A bill to be entitled an Act to provide additional
compensation for the official court reporter of the Superior Courts in certain counties; and for other purposes.
By Mr. Taft of Atkinson: House Bill No. 653. A bill to be entitled an Act to repeal an Act entitled
"An Act to create the office of Commissioner of Roads and Revenues for Atkinson County"; and for other purposes.
By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn, and Wetherbee of Dougherty:
House Bill No. 439. A bill to be entitled an Act to amend Title 92 of the Code of Georgia of 193?; and for other purposes.
The House has adopted the Senate substitute to the following bill of the House, to-wit:
By Ylrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: House Bill No. 5o66. A bill to be entitled an Act to amend the charter of
the City of Atlanta; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Mr. Brooks of Mitchell: House Bill No. 527. A bill to be entitled an Act to amend Section 92-
4801 of the 1933 Code; and for other purposes.
By Messrs. Allison and Roberts of Gwinnett: House Bill No. 581. A bill to amend the Act creating a new charter for
the Town of Duluth; and for other purposes.
Mr. President:
The House has adopted the report of the Committee on Conference on the following bill of the House and the Conference Committee has been discharged:
By Mr. Livingston of Polk: House Bill No. 201. A bill to be entitled an Act to regulate and define
the practice of Chiropractic and for other purposes.
The Speaker has appointed as a second committee on the part of the House on House Bill No. 201 the following members, to-wit:
Messrs. Roughton of washington, Suggs of Sumter, and Livingston of :Polk.

SATURDAY, MARCH 22, 1941

1061

Senator Odom of the 9th offered the following resolution: A RESOLUTION
Whereas, it has been alleged that there are certain loan operations prevalent in our State conducted in such manner as to be adverse to the economic and social welfare of our people; and
Whereas, it is difficult to establish reasonable and just rates of interest in connection with loans upon which there is little or no security offered or upon which security offered is of questionable or doubtful value; and
Whereas, legitimate loans and credit transactions carrying a reasonable and proper rate of interest are essential to the welfare of our people but all credit transactions which tend to enslave the people as victims of usurious interest and service charges are dangerous and harmful to the economic welfare of our State:
Therefore be it resolved by the Senate that a Committee of three Senators be named by the President of the Senate to investigate credit transactions in this State and the laws appertaining thereto, devices, schemes and plans used to evade the laws of this State governing loans, automobile financing, and any and all other usurious practices in connection with credit transactions not under direct supervision of some State Department or State Official.
Resolved further that the said Committee shall make a study of the matters aforesaid and report its findings back to the next session of the General Assembly of this State.
Resolved further that the Committee shall have the right to take testimony and evidence, to subpoena witnesses, records, documents, papers and effects, and to do all things necessary to effectuate a full investigation of the subject matter of this resolution.
Resolved further that this committee shall incur no expense other than the actual expense of conducting hearings and taking testimony (stenographic expense), and that said committee shall be regarded as an Interim Committee.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority, the following bills of the Senate, to-wit:
By Senator Couch of the 52nd:
Senate Bill No. 159. A bill to be entitled an Act to provide the time for which primary elections for nominations of county officers shall be held in counties having a certain population; and for other purposes.
By Senator Lanier of the 18th:
Senate Bill No. 134. A bill to be entitled an Act to amend Section 1131409 of the Code relating to the filing of annual returns by administrators

106'2

JOURNAL OF THE SENATE,

and executors; and for other purposes.
The House has passed as amended the following bill of the Senate, to-wit:
By Senator Couch of the 52nd: Senate Bill No. 205. A bill to be entitled an Act to provide for the recall
of County Commissioners in Georgia in all counties having a certain .population; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Mrs. Mankin, :Messrs. Kendrick and Etheridge of Fulton; Messrs. Turner, Candler and Dunaway of DeKalb:
House Bill No. 626. A bill to be entitled an Act to propose a constitutional amendment authorizing Fulton and DeKalb County to establish a Highway Authority; and for other purposes.
The House has passed the following resolutions of the Senate, to-wit:
By Senator Almand of the 27th:
Senate Resolution No. 65-227. A resolution recommending Miss Moina Michael's book, The Miracle Flower, for use in the Georgia public schools.
By Senator Dorsey of the 32nd: Senate Resolution No. 62-223A. A resolution authorizing the state li-
brarian to furnish certain Supreme Court repo1ts; and for other purposes.
The House has adopted the re.port of the Committee of Conference on the following bill of the House, to-wit:
By Mr. Lester of Richmond: House Bill No. 215. A bill to be entitled an Act to amend an Act providing
how liens are declared created; and for other purposes.
Senator Steed of the 43rd moved to table the l'esolution offered by Senator Odom, and the motion prevailed.
Senator Houston of the 51st submitted the following report of the Conference Committee on House Bill No. 215:
Mr. President:
Mr. Speaker:
The Conference Committee on House Bill No. 215 respectfully reports it has agreed to substitute in lieu of the amendment of Senator Houston of the 51st District, adopted by the Senate, the following amendment, by changing the period at the end of the second paragraph of Section 1 of said bill to a comma and adding the following, to-wit:
Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such

SATURDAY, MARCH 22, 1941

1063

payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved, for a greater amount than that found still due the contractor, and provided further, except for the purpose of this section, Section 67-2001, Section 2 shall remain unaffected.
The Committee further agrees that the period at the end of the first paragraph on page 2 of said bill be changed to a comma and the following added, to-wit:
Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved for a greater amount than that found still due the contractor, and provided further, except for the purpose of this section, Section 67-2001, Section 2 shall remain unaffected.
Respectfully submitted, On the part of the Senate, John C. Houston of 51st, Lanier of 18th, Campbell of 34th.
On the part of the House, Roy V. Harris, A. H. Weaver, W. M. Lester.
Senator Houston of the 51st moved that the report of the Conference Committee be adopted, and the motion prevailed.
The following bill of the House was read the third time and put upon it< passage:
By Mr. Turner of DeKalb:
House Bill No. 282. A bill to make the operation of trackless trolleys subject to the same municipal ordinances as street railroads; and for other purposes.
Senator Couch of the 52nd offered the following amendment, which was adopted:
Senator Couch of the 52nd District moves to amend House Bill No. 282 by adding to Section II thereof the following: "Provided that nothing herein contained shall exempt such motor buses, trackless trolleys of any taxes or licenses of any kind now imposed by law."
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Campbell of the 34th called for the

1064

JOURNAL OF THE SENATE,

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:

Adams Barnhill Bradley Burnside Campbell Cannon Coker Coxon Daughtry Dorsey

Drake Edwards Fortson Franklin Garner Gross Guyton Harrison Kiker Kirkland

Lanier Mason Pilcher Rag a n Rowland Steed Striplin Sumner Wall Whaley

Those voting in the negative were Senators:

Bland Couch Dobbs Foster

Hill Holt Houston Lewallen

McGehee Milhollin

Not voting were Senators: Almand, Bargeron, Clark, Edenfield, Hamilton, Martin, Mosley, Odom, Park, Smith of 24th, Smith of 35th.

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

On the passage of the bill, the ayes were 30, nays 10.

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

Senator Sumner of the 1Oth submitted the following report of the Conference Committee on House Bill No. 201:

Mr. President:

Your Conference Committee on House Bill No. 201 begs to submit the following report:

Your Committee fails to agree on House Bill No. 201 and asks to be discharged.

Respectfully submitted, Sumner of lOth, Smith of 24th, Mosley of 15th.

The report of the Conference Committee was adopted and the President named the following as a third Conference Committee on the part of the Senate to consider House Bill No. 201, known as the "Chiropractic Bill":

Senators Coker of the 39th, Steed of the 43rd, and Clark of the 44th.

SATURDAY, MARCH 22, 1941

1065

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

By Mr. Evans of McDuffie:

House Bill No. 289. A bill to confer upon th2 Georgia Public Service Commission jurisdiction and authority to prescribe rates upon municipal water works; and for other purposes.

Senator Bargeron of the 17th offered the following amendment, which was adopted:

Amendment to House Bill No. 289 by adding a new paragraph at the end thereof, as follows:

This Act shall not apply to any water works system coming under the provisions of this Act until thirty (30) days after the Mayor and Council of the city or town wherein such water works is located has by valid municipal ordinance elected to put the water works in said city or town under the provisions of this Act and has duly certified their act in so doing to the Georgia Public Service Commission.

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 8.

The bill, having received the reqt:isite constitutional majority, was passed as amended.

The following communication was read for the information of the Senate: Ron. Charle;; D. Redwine, President State Senate, Atlanta

I want to express to you and to each member of the General Assembly

my appreciation of the many courtesies shown me during the present session.

I was deeply impressed with the intelligence and character of those making up

its membership and feel they would compare most favorably with any other

deliberative body in any state or the nation. I shall always treasure the mem-

ories of the present session and shall feel enriched at the friends I feel I made

among the membership. In behalf of Richmond County I am authorized to

invite most cordially each of you to the County Commissioners Convention

here May 8 to 1Oth.



Isaac S. Peebles, Jr.

The following privileged resolutions were read and adopted:

By Senator Dorsey of the 32nd:

A resolution extending the privileges of the floor to Ron. T. G. Hooper, formerly of Chamblee, Ga.

By Senator Bland of the 12th: A resolution extending the privileges of the floor to Ron. A. T. Land,

1066

JOURNAL OF THE SENATE,

prominent citizen of Wilkinson County.
By Senator Coker of the 39th:
A resolution extending the privileges of the floor to Hon. Howard Bagwell, Commissioner of Cherokee County and prominent citizen of Canton, Ga.
By Senator Bland of the 12th:
A resolution extending the privileges of the floor to Mrs. Ben. ,V, Fortson, Jr., wife of the distinguished Senator from the 50th.
By Senator Fortson of the 50th:
A RESOLUTION
Whereas, the members of this Senate have always found it pleasant to have the opportunity and the necessity of visiting the office of the President of the Senate, and,
Whereas, each member has been greeted in our beloved President's office by three charming assistants, Mrs. Viola Knowles, Mrs. Rita Edwards, and Mrs. Thelma Wood, and,
Whereas, each of these lovely young ladies has done all in her power to aid and assist the members of this body to find his service in the Senate pleasant and harmonious, therefore,
Be it now resolved, that the Senate do now extend its grateful thanks for all the kindness shown each member, and by this resolution express our sincere appreciation for their efforts in trying to assist us in every way.
By Senator Hill of the 36th and Senator Fortson of the 50th:
A RESOLUTION Whereas, this Senate on January 13, 1941, elected without a dissenting vote as Secretary of this body an outstanding lawyer of this State, a former adjutant general of the State, and a prominent citizen, the Honorable Lindley W. Camp, and,
Whereas, the genial and kind Secretary has endeavored in every way to aid and assist each and every member with any problem he may have had, and has made it possible for members to perform better service during the session, and,
Whereas, all members appreciate his thougbtfulness and courtesy,
Therefore, be it now resolved that this Senate extend further its deep appreciation and thanks for all that our fine Secretary has done for us.
Senator Coker of the 39th submitted the following supplementary report fot the Committee on State Sanitorium: Honorable Charles Redwine, President, and Members of the State Senate:
Your Committee on State Sanitorium visited the Milledgeville State Hospital located at Milledgeville, and herewith submits the following report;

SATURDAY, MARCH 22, 1941

1067

We found the new buildings erected by the Hospital Authority well constructed and designed for comfort and service to Georgia's unfortunates. ViTe recommend that consideration be given to repairing or replacing all old buildings at said Institution.
iVe commend Dr. John vY. Oden, Superintendent, for the efficient ser-
vices that he and his staff are rendering to Georgia. He gives unstintedly of his time, efforts and talents in order that the inmates may have proper food and medical attention.
The members of the Medical Staff have more than four hundred sick people each, to care for daily and they are subject to duty twenty-four hours per day. iVe urge that serious consideration be given to restoring the recent cut in salaries.
We appreciate the interest that the citizens of Milledgeville and Baldwin County have in Georgia's greatest charity.
iVe request that a copy of this report be forwarded to the Governor and Director of the State Department of Public Welfare.
Respectfully submitted,
J. 0. Wall, Chairman, Grady N. Coker, of 39th, Secretary.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
By Mr. Evans of :WcDuffie: House Bill No. 289. A bill to be entitled an Act to enlarge the jurisdiction
of the Public Service Commission.
The Speaker has appointed as a Committee of Conference:
Messrs. Hand of Mitchell, Wells of Burke, and Lewis of Burke.
Mr. President:
The House has passed by substitute the foll.nving bill of the Senate, to-wit:
By Senator Campbell of the 34th: Senate Bill No. 211. A bill to be entitled an Act to provide that no
appropriation shall become available to any spending agency of the State so long as there remains due and unpaid to any local school unit; and for other purposes.
The following report of the State Properties Commission was read for the information of the Senate:

1068

JOURNAL OF THE SENATE,

Report to the Members of the General Assembly of the Operations of the State Properties Commission January 21, 1941
Under an Act of the General Assembly of 1935, see Georgia Laws 1935, Pages 468 to 470, approved March 28, 1935, there was created a State Properties Commission composed of the Governor of the State, the Chairman of the Public Service Commission, and the State Treasurer to lease and control the State's property in the City of Chattanooga, Tennessee, not covered by the Western and Atlantic Railroad lease. Reports of the operation of this Commission have b2en filed with each succeeding General Assembly and we beg herewith to file our report for the operations for the years begun July 1, 1938 and ended June 30, 1939, and begun July 1, 1939 and ended June 30, 1940.
The properties were leased to the Plaza Hotel Company and Paul N. McQuiddy for the Plaza Hotel and the Eastern Hotel Company and Mrs. Irene C. Steele for tl-e Eastern Hotel. These leases made in 1935 were for five years and expired in June, 1940, with an option for the leaseholders to have another five-year lease at increased rentals. The option of both of these leaseholders was exercised and new leases were consummated in June, 1940, for a five-year period according to the terms set forth in the first leases.
All taxes have been paid to the State of Tennesee, Hamilton County, and the City of Chattanooga, and discounts have been taken from prompt payment of taxes. Thi:; commission received in rentals for the two-year period a total of $14,952.09 and paid $11,272.28 in taxes. During the period July 1, 1939 to June 30, 1940 no rentals were received from the Plaza Hotel clue to the fact that at the time of making the lease, one year's rental was paid in advance which was held under the terms of the lease to be consumed by the rental in the last year of the lease. On June 30, 1940, there was a balance in the Special Accou.:1t of this Commission of $13,222.27. An:; balance remaining in this Special Ac:count on June 30, 1941 will be transferred to the General Funds of the State Treasury.
When thrse properties were received by the present Commission there was approximately $20,000.00 unpaid taxes in arrears and the buildings were in a run-clown and deplorable condition. Under the operation of this Commission all taxes havr~ been paid in full, both arrears and current and approximately $25,000.00 to $30,000.00 improvements have been added to the properties by the leaseholdc!r.
Under the present lease the State is nweiving a monthly rental from the Plaza Hotel of $883.34 and from the Eastern Hotel $450.00. These leases are on file in the office of the State Treasurer.
Respectfully submitted,
State Properties Commission, by: Geo. B. Hamilton,
State Treasurer. Walter 0. McDonald,

SATURDAY, MARCH 22, 1941

1069

Chairman, Pub. Serv. Com. E. D. Rivers,
Governor.
The following message was received from the House through Mr. Boone, the Clerk thereof:
:Mr. President:
The Hou:;e has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Clark of the 44th:
Senate Bill No. 74. A bill to be entitled an Act to amend an Act entitled "An Act to p1omote temperance and prosperity for Georgia people by providing a license for retail dealers; and for other purposes.
At this ti:me, Senator Edenfield of the 4th took the chair and recognized a committee Jf three ladies, Mrs. J. H. ;.\iilhollin, wife of the Senator from the 46th, Mis:; Doris Steed, daughter of the Senator from the 43rd, and Mrs. John C. Housl;on, wife of the Senator from the 51st, who had been designated to take charge of a progTam of presenting a gift to President Charles D. Redwine in recognition of his invaluable services as the presiding officet of the Senate.
Mrs. Milhollin, acting as chairman of the committee, made the presentation of a beautiful set of sliverware to the President, who responded with expressions of appreciation for t~1e thoughtfulness of the Senators in honoring him with this remembrance.
The following privileged resolution was read and adopted:
By Senators Lanier of the 18th, Kirkland of the 49th, and Clark of the 44th:
. A RESOLUTION
Resolved, that the members of the Senate appreciate the committee composed of :Mrs. J. H. Milhollin, Miss Doris Steed, and Mrs. John C. Houston serving us so ably and beautifully in selecting and presenting our token of esteem to our President, Honorable Charles Redwine; and we endorse the well-chosen words so ably spoken by the Chairman of the Committee, Mrs. J. H. Milhollin.
The chair recognized Senator Coker of the 39th, who presented appropriate gifts to the other officers and attaches of the Senate, each of whom responded briefly expressing appreciation for being remembered so generously by the Senators.
The following privileged resolution was read and adopted:
By Senators Milhollin of the 46th, Steed of the 43rd, and Lanier of the 18th:
A RESOLUTION Resolved by the Senate: We appreciate our committee composed of Dr. Coker of the 39th, R. E. Cannon of the 40th, and Allen Daughtry of the 21st,

1070

JOURNAL OF THE SENATE,

for so ably and wonderfully serving us in selecting and presenting our gifts of esteem to the follo'.ving officials and attaches of this body:
Ron. H. B. Edwards, President pro tempore; Ron. Lindley Camp, Secretary of the Senate; Ron. Henry Nevin, Assistant Secretary of the Senate; Ron. Homer Edenfield, floor leader; Mrs. Edwards, Mrs. Wood, Mrs. Knowles, Miss Ann Crozier, Miss Jane Reilly, Miss Eleanor Moser, Ron. Perry Griffin, doorkeeper; Hon. Joe Johnson, Assistant to the President; Ron. Bill Bowdoin, Calendar Clerk; Hon. Fred McDuffie, 2.\'Iessenger; and Miss Tucker, Secretary to the President pro tempore.
Senator Harrison of the 23rd moved that the Senate do now adjourn until tonight at 8:30 o'clock, and the motion prevailed.
The Senate reconvened at 8:30 p.m. and resumed the order of business set by the Rules Committee.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Atkinson of Chatham, Candler of DeKalb and others:
House Bill No. 246. A bill to limit the time of enforcing deed11 to secure debts on real property; and for other purposes.
Senator Gross of the 20th offered tbe following amendment, which was adopted:
Amendment to House Bill No. 246.
By Marvin L. Gross, of the 20th, as follows: By adding a new section, as Section 8, and renumbering Sections 8 and 9 to 9 and 10.
Provided, however, this Act shall not apply in those cases where the grantor, or his successors in possession, have surrendered possesion of the property described in such deed to s2cure debt, to the grantee or his successors in title in settlement of said indebtedness.
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 requisite constitutional majority, was passed as amended.
Senator Houston of the 51st asked unanimous consent to have House Bill No. 246 immediately transmitted to the House; and the consent was granted.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Drinkard of Lincoln, Pannell of Murray, and others: House Bill No. 141. A bill to promote public safety by providing for exam-
ination and licensing by the State Fire Inspector of operators of motion pic-

SATURDAY, MARCH 22, 1941

1071

ture projection machinery; and for other purposes.
Senator Odom of the 9th moved to table the bill and all amendments.
On the motion to table, the ayes were 9, nays 28, and the motion was lost.
Senators Clark of the 44th and Edwards of the 6th offered the following amendment:
By striking Section 5 and inserting in lieu thereof the following:
Section 5. This Act shall not apply to cities having a population by the last United States census of more than ten thousand by the 1940 United States census or any future census of the United States or to cities or municipalities or political sub-divisions now licensing- said operators.
By inserting at the end of Section 6, a new section to be known as Section 6B as follows:
Six months after the approval of this Act it shall be unlawful for any person or persons to operate macl:linery used in the projection booths of licensed motion picture theatres operated for profit unless said person or persons have secured a license as herein provided. Provided, however, that nothing in this Act shall apply or affect any municipality, county, or political sub-division of this State now having laws and ordinances regulating the examination and licensing of operators of motion picture machinery.
On the adoption of the amendment, the ayes were 20, nays 19, 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 27, nays 14.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Clark of the 44th asked unanimous consent to take up the following bill of the Senate for the purpose of considering amendments offered by the House:
By Senator Clark of the 44th:
Senate Bill No. 74. A bill to amend an Act to promote temperance and prosperity by providing for licensing of retail wine dealers; and for other purposes.
The House offered the following amendments:
Daves of Dooley and Harris of Richmond, Whipple of Bleckley and Grayson of Chatham move to:
Amend Senate Bill No. 74 by striking the caption of said bill and insertin&" in lieu thereof the following:

1072

JOURNAL OF THE SENATE,

"To be entitled an Act to amend an Act entitled 'An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made fr:Jm crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the hola'ing of an election to ratify or reject this Act; and for other purposes,' approved March 23, 1935 (Georgia Laws 1935, pages 492-494) as amended by Act approved February 16, 1938, extra session Laws of Georgia 1937-38, pages 185-188, by providing for the licensing of retail dealers and by providing for a license tax on retail dealers by county and municipal authorities; to change the rate of taxation; to authorize the revocation and declination of licenses; and for other purposes.''
Amend Senate Bill No. 74 by striking the repealing clause known as Section 2, and inserting in lieu thereof another section to be known as Section 2, to read as follows:
"Section 2. Section 1 of the Act approved February 16, 1938, extra session Laws of Georgia 1937-1938, pages 185-188, providing for the levy and collection of taxes on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia, is hereby repealed and a new Section is inserted in lieu thereof to read as follows:
'That from and after the passage of this Act, the following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia:
(a) On domestic wines having an alcoholic strength of not more than 14 per cent alcohol by volume, 5 cents per gallon. Domestic wines are hereby defined and declared to be those wines manuZactured wholly within this State from fruits and berries grown only within the State of Georgia and produced b~' natural fermentation.
(b) On foreign wines having an alcoholic strength of not more than 14 per cent alcohol by volume, 50 cents per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part in the State of Georgia, or manufactured in the State of Georgia from products imported in whole or in part from without the State of Georgia and produced by natural fermentation.
(c) On foreign and domestic wines whether fortified or not having an alcoholic strength of more than 14 per cent alcohol by volume, $1.00 per gallon'."
Amend Senate Bill No. 74 by adding a new Section to be known as Section 3.
"Section 3. All laws or parts of laws relating directly or indirectly to wine and the levy and collection of tax thereon which are manufactmed, sold, possessed, or offered for sale within this State be and the same are hereby expressly repealed."

SATURDAY, MARCH 22, 1941

1073

Senator Clark of the 44th asked unanimous consent that the Senate concur in the House amendments, and the consent was granted.
The President asked unanimous consent to add three members to the Committee on Engrossing, due to the fact that only four members had be-;n named, while the Enrollment and Auditing Committees had seven and eight members respectively, and additional members were needed on the Engrossing Committee to complete the reading of bills passed by the Senate and House during the session.
The consent was gTanted, and the President named Senators Steed of the 43rd, Clark of the 44th and Mason of the 30th as additional members of the Engrossing Committee.
Senator Campbell of the 34th asked unanimous consent to take up the following bill of the House for the purpose of considering the disagreement of the House to the Senate amendment thereto:
By Mr. Turner of DeKalb:
House Bill No. 282. A bill to make the operation of trackless trolleys subject to the same municipal ordinances and taxes as are now required of street railways; and for other purposes.
The consent was granted.
Senator Campbell of the 34th asked unanimous consent that the Senate insist upon its amendment and that the President appoint a Conference Committee to act with a like committee on the part of the House to endeavor to reach an agreement on the bill.
The consent was granted and the President appointed Senators Couch of the 52nd, Campbell of the 34th and Coker of the 39th as a Conference Committee on the part of the Senate to act on the above bill.
Senator Campbell of the 34th asked unanimous consent to take up the following bill of the Senate for the purpose of considering a substitute offered by the House:
By Senator Campbell of the 34th:
Senate Bill No. 211. A bill to provide that no appropriation shall become available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit; and for other purposes.
The House offered the following substitute:
Committee substitute to Senate Bill No. 211.
The Committee on State of the Republic substitutes Senate Bill No. 211 as follows:
A BILL To be entitled an Act to provide that no appropriations shall become available to any spending agency of the State until all local school units hav~

1074

JOURNAL OF THE SENATE,

received their pro rata part of any amount due and unpaid under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." Approved February 10, 1937, (Ga. Laws 1937, pages 882-892); and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
Section 1. That from and after the passage of this Act, no appropriation shall become available to any department, officer, bureau, board, commission, or institution receiving and expending State monies until all local school units have received their pro rata part of any amount due and unpaid under the proYisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." approved February 10, 1937, (Ga. Laws 1937, pages 882-892).
Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
Senator Campbell of the 34th moved that the Senate concur in the House substitute.
On the motion to concur, the ayes were 34, nays 0, and the motion prevailed.
Senator Bargeron of the 17th asked unanimous consent to take up the following bill of the House to consider the disagreement of the House to the Senate amendment thereto:
By Mr. Evans of McDuffie:
House Bill No. 289. A bill to confer upon the Georgia Public Service Commission the authority to fix rates upon municipal water works; and for other purposes.
The consent was granted.
Senator Bargeron of the 17th moved that the Senate recede from its amendment to House Bill No. 289, and the motion prevailed.
Senator Burnside of the 29th asked unanimous consent that the Senate reconsider its action in receding from its amendment, and the consent was granted.
Senator Burnside of the 29th asked unanimous consent that the Senate insist upon its amendment and appoint a Conference Committee to act with a like committee on the part of the House to endeavor to reach an agreement on the bill.
The consent was granted and the President -named Senators Bargeron of the 17th, Burnside of the 29th and Lanier of the 18th as a Conference Committ~e on the part of the Senate to consider the above bill.
The following bill of the House was re!id the third time and put upon its passage:

SATURDAY, MARCH 22, 1941

1075

By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
House Bill No. 102. A bill to amend an Act to give all courts having jurisdiction in felony cases and misdemeanor cases authority to mold their sentences to allow defendants pleading guilty to serve their sentences outside the confines of the chaingang; and for other purposes.
The committee offered the following substitute, which was adopted:
Senate substitute for Ho1:1se Bill No. 102.
A BILL An Act to amend an Act approved August 16, 1913, entitled "An Act to give all courts having jurisdiction in felony and misdemeanor cases in the State of Georgia, authority in certain cases so as to mold their sentences as to allow defendants, upon a rendition of a verdict or judgment of guilty, to serve same outside the confines of the chaingang, jail or other place of detention, under the supervision of the court, to prescribe conditions which the court may impose upon such persons, herein known as probationers: etc.", (Acts 1913 p. 112), as now embodied in Title 27 (Criminal Procedure) Part 7 (After Conviction and Sentence), Sections 27-2702, 2703, 2704, 2705 of the Code of Georgia of 1933, by adding a new section, so as to authorize the courts where the defendant has been convicted or pled guilty to the offense of abandonment or bastardy to impose suspended sentence thereon and to empower the county probation officer to supervise and enforce the terms provided in said suspended sentence for the support and maintenance of the child or children abandoned or for the support of illegitimate child or children, and to further provide that said county probation officer, upon specific order of the judge of the Superior Court shall have authority to collect and disburse payment of alimony for the support of wife, and child Ol' children, to amend Section 74-9902, of the Code of Georgia of 1933, the same being an Act defining the offense of abandonment of child, fixing a penalty for said offense, providing that a wife shall be a competent witness in such cases, defining the words "dependent condition," to provide for separability, 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. The act approved August 16, 1913 (Georgia Laws 1913, page 112) as now embodied in Title 27 (Criminal Procedure) Part 7 (After Conviction and Sentence) Sections 27-2702, 2703, 2704, 2705 of the Georgia Code of 1933, entitled "An Act to give all courts juridiction in felony and misdemeanor cases in the State of Georgia authority in certain cases, so to mold their sentences as to allow defendants, upon a rendition of a verdict or judgment of guilty, to serve same outside the confines of the chaingang, jail or other place of detention, under the supervision of the court, to prescribe conditions which the court may impose upon such persons, herein known as probationers, etc." be, and is hereby amended by adding at the end of Section 1 of said aforesaid Act (as now embodied in Section 27-2702 of the Code of 1933) the following, to be known as Section 1 (a) and to be known as Section 27-2702 (a), Code of 1933, to-wit:

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"In all prosecutions for the offense of abandonment or bastardy, where the defendant has been convicted either upon a trial or upon his plea, the court passing sentence upon such defendant may suspend such sentence in its discretion, upon such terms providing for the support and maintenance of the child or children abandoned, during its or their minority, or for the illegitimate child or children until it or they reach the age of 14, as the case may be, and by order refer such ca~es to the County Probation Officer, who is hereby authorized and empowered to supervise and enforce the terms provided in said suspended sentence for the support and maintenance of the child or children abandoned or for the support of illegitimate child or children, during the term of the suspended sentence, and further that said County Probation Officer shall, when ordered to do so by a judge of the Superior Court, in any specific case, collect and disburse moneys as clirectecl, alimony for the support of his wife and child or children, which may be awarded by such judge in any case or proceeding pending in such Superior Court".
Section 2. 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 749902 of the Code of Georgia of 1933, defining the offense of abandonment of child, fixing a penalty for said offense, providing that a wife shall b2 a com~ petent witness in such cases, and for other purposes, be amended by adding at the end of said Section as it now reads, the following words:
"The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this Section, if it shall be made to appear that said child was in a dependent condition as de. inecl herein for a period of thirty clays prior to the commencement of prosecution," so that as amended said Code Section shall read as follows:
"7 4-9902 ( 116 P. C.) Abandonment of child. Wife as witness. 'Dependent condition'. If any father shall wilfully and voluntarily abandon his child, leaving it in a dependent condition, he shall be guilty of a mis:l~meanor. The wile shall be a competent witness in such cases, to testify for or against husband. A child thus abandoned by the father shall be considered to be in a dependent condition when the father does not furnish sufficient food and elothmg for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or convicCon of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of thirty clays prior to the commencement of prosecution."
Section 3. Be it further enacted that if any Section, clause or phrase of this Act shall for any reason be declared unconstitutional, void or illegal, said Act shall otherwise be held valid as if such unconstitutional void or illegal section, clause or phrase had not been included herein.
Section 4. This Act shall become effective immediately upon approval thereof and all laws and parts of laws in conflict are hereby repealed.

SATURDAY, MARCH 22, 1941
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 Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
House Bill No. 236. A bill to amend Chapter 84-4 of the Code of 1933 regulating barber and hairdresser trades in Georgia; and for other purposes.
Senator Edenfeild of the 4th moved to table the bill, and the motion prevailed.
Senator Hill of the 36th asked unanimous consent to take up the following bill of the Senate for the purpose of considering a substitute, as amended, offered by the House:
By Senator Hill of the 36th:
Senate Bill No. 72. A bill to amend an Act authorizing the levy of a maintenance tax on rolling stores; and for other purposes.
The consent was granted.
The House offered a substitute to the bill.
The House offered an amendment to the substitute.
The substitute, as amended, was as follows: A BILL
To be entitled an Act to amend "An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, etc." (Georgia Laws, Extra Session, 1937-38, pp. 180 et seq.), by amending the title of said Act so as to authorize and limit the levy of a license tax by county authorities; and by reducing the State tax levied in said Act; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That the Act of the General Assembly entitled "an Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, etc.", approved February 16, 1938 (Georgia Laws, Extra Session 1937-38, pp. 180 et seq.), be and the same is hereby amended in the following 1espects, to-wit:
That the caption and title of said Act be and the same is hereby amended by inserting after the semi-colon appearing after the word "exemption" in line 20 of ti-te caption of said Act, the following words: "to authorize the Ordinary, the Commissioners of Roads and Revenues, or other county fiscal authorities having power to levy and assess taxes or license fees in the county, to levy and assess a limited license fee or tax on each rolling store operating

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within the county;" so that the title and caption of said Act of the General Assembly, approved February 16, 1938 (Georgia Laws, Extra Session 1937-38, pp. 180 et seq.), when amended, will read as follows:
"An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; to define the terms 'rolling store' and 'motor vehicle' as used in this Act; to prescribe the amount of tax to be levied on each and every rolling store operated in this State; to provide that the tax levied by this Act shall be in addition to all other taxes levied under existing laws; to require the State Revenue Commission to collect the tax levied by this Act and upon payment thereof to issue permits to the persons making payment of such tax; to provide for the enforcement of this Act by the issuance of executions and for defenses thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to allocate and to appropriate the money arising from this tax to the Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction; to provide for certain exemptions; to authorize the Ordinary, the Commissioners of Roads and Revenues, or other county fiscal at:thorities having power to levy and assess taxes or license fees in the county, to levy and assess a limited license fee or tax on each rolling store operating within the county; to repeal all conflicting laws; and for other purposes."
Section 2. That Section 1 of said Act relating to the levying of taxes on rolling stores be and the same is hereby stricken in its entirety and a new Section 1 substituted in lieu thereof, to read as follows, to-wit:
"That in order to construct and maintain the rural post roads of this State, and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby leveid upon ~ach motor vehicle used as a rolling store as hereinafter defined, from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual license on the following basis:
One-half ton manufacturers rated capacity truck or passenger carrying vehicle not exceeding five passenger capacity, twelve dollars and fifty cents ($12.50) per year or any fraction thereof.
More than one-half ton manufacturers rated capacity truck and not exceeding one and one-half ( 1'!.:) ton manufacturers rated capacity truck, twentyfive ($25.00) dollars per year or any fraction thereof. In excess of one and one-half (1 %) ton manufacturers rated capacity truck, one hundred ($100.00) dollars or any fraction thereof.
Provided, however, that any county may levy a license tax upon each rolling store operating within the county levying the same, a license fee or tax not exceeding the tax prescribed by this Act for the State. It being the legislative intent that such counties may or may not levy such tax as herein provided at the discretion of the county authorities in each county. It is further provided that a trailer shall bear the same license as the unit drawing
same."

SATURDAY, MARCH 22, 1941

i079

Section 3. There is expressly excluded from the provisiOns of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, furniture, hou<;e furnishings, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself) bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from anim~.J products.
Senator Hill of the 36th moved that the Senate concur in the House substitute, as amended, and the motion prevailed.
The following privileged resolution was read and adopted:
By Senator Adams of the 31st:
A resolution extending the privileges of the floor to Professor H. E. Nelson of Decatur, Ga., Professor L. N. Foster of Ellijay, Ga., Professor Earl 'Foster of Murray County, and Hon. John W. Thompson of Eton.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Mr. Culpepper of Fayette:
House Resolution No. 183. Resolved by the House, the Senate concurring, that the General Assembly meet in joint session at 9:30 p.m., March 22, 1941, for the purpose of hearing a message from the Governor.
The following resolution of the House was read and adopted:
By Mr. Culpepper of Fayette:
House Resolution No. 183. A resolution providing for a joint session of the House and Senate at 9:30 p.m., March 22, 1941, for the purpose of hearing a message from the Governor.
The hour of convening the joint session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the hall of the House of Representatives, and the joint session was called to order by the President.
The joint resolution authorizing the session of the Senate and House was read by the Secretary.
The President presented to the General Assembly the Hon. Eugene Talmadge, Governor of Georgia, who addressed the joint session.
At the conclusion of the Governor's address, Senator Edwards of the 6th, President pro tempore of the Senate, obtained recognition by the President and began to address the General Assembly.

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Mr. Hatchett of Meriwether made the point of order that the joint session had been called for the purpose of hearing a message from the Governor, and that the Senator from the 6th was out of order.
Mr. Culpepper of Fayett moved that the joint session of the Senate and House do now dissolve, and the motion prevailed.
The Senators returned to the Senate Chamber and resumed the order of business as set by the Rules Committee.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Franklin of the 38th: Senate Bill No. 111. A bill to be entitled an Act to amend the Code of
Georgia of 1931 which provides how the so-called Ellis Health Law may be operated in any county, and for other purposes.
By Senator Couch of the 52nd: Senate Bill No. 138. A bill to be entitled an Act to amend the Code relat-
ing to the powers and duties of the State Board of Education with respect to adult and illiteracy, and for other purposes.
The House has adopted the report of the Committee of Conference on the following bills of the House:
By Messrs. Evans of McDuffie, Blease of Brooks and others: House Bill No. 685. A bill to be entitled an Act to amend an Act re-
lating to the publication of the proposed Constitutional amendments, and for other purposes.
By Mr. Lester of Richmond: House Bill No. 215. A bill to be entitled an Act to amend the Code pro-
viding how liens are declared and created, and for other purpose<;.
The House has disagreed to the Senate admendments to the following bill of the House:
By Messrs. Drinkard of Lincoln, Pannell of Murray, and Evans of McDuffie: House Bill No. 141. The House requests the appointment of a com-
mittee of conference on the part of the Senate to confer with a like committee on the part of the House. The Speaker has appointed as a committee of conference on the part of the House, the following members, to-wit:
Messrs. Fowler of Douglas, Drinkard of Lincoln, and Pannell of Murray. Senator Edenfield of the 4th asked unanimous consent to take up the following bill of the House for the purpose of considering the disagreement of the House to the Senate amendment thereto:

SATURDAY, MARCH 22, 1941

1081

By Messrs. Drinkard of Lincoln, Pannell of Murray and others:
House Bill No. 141. A bill to promote public safety by providing for the licensing of operators of motion picture machinery by the State Fire Inspector; and for other purposes.
The consent was granted.
Senator Edenfield of the 4th asked unanimous consent that the Senate insist upon its amendment and that the President appoint a Conference Committee to act with a like committee on the part of the House to endeavor to reach an agreement on the bill.
The consent was gTanted, and the President named Senators Edenfield of the 4th, Drake of the 8th and Steed of the 43rd as a Conference Committee on the part of the Senate to consider the above bill.
Senator Campbell of the 34th submitted the following report of the Conference Committee on House Bill No. 282:
Mr. President:
Your Committee on Conference appointed on House Bill No. 282 beg to submit the following- report:
We recommend that the Senate recede from its position on insisting to its amendment to House Bill No. 282 and that the amendment attached hereto be adopted instead.
Respectfully submitted, On the part of the House: Candler of DeKalb, Turner of DeKalb, Dunaway of DeKalb.
On the part of the Senate: Pat Campbell of the 34th, G. N. Coker of the 39th, Hugh C. Couch of the 52nd.
By amending- caption of House Bill No. 282 by adding thereto after the words "street railroads" and before the words "and for other purposes" the following:
"Provided that nothing herein contained shall exempt trackless trolleys and the operations thereof from any other taxes or licenses now imposed by law; and, provided further that nothing herein contained shall be c mstrued to amend, modify or repeal the Act of the General Assembly of Georgia, approved March 30, 1937, (Georg-ia Laws, 1937, page 798) relating to substitution of trackless trolleys for street railway systems or parts thereof."
By amending Section 2 of said bill by adding at the end thereof and as a part thereof, the following:

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"Provided that nothing herein contained shall exempt trackless trolleys and the operations thereof from any other taxes or licenses now imposed by law; and provided further that nothing herein contained shall be construed to amend, modify or repeal an Act of the General Assembly of Georgia, approved March 30, 1937, (Georgia Laws, 1937, page 798) relating to substitution of trackless trolleys for street railway systems or parts thereof, and, provided further that nothing in this Act shall ever be construed to impair any valid, subsisting contract or ordinance contract now in existence between any municipality and any electric, street, suburban or interurban railroad company; and, provided further that the Public Service Commission shall not have the power or authority to increase, or authorize the increase of, in respect to such substituted service, fares which have heretofore been fixed by contract or ordinance contract on the line or lines on which such trackless trolleys may be so substituted; which fares shall, in all respects, appertain and apply to such substituted service when thus inaugurated."
Senator Couch of the 52nd moved that the report of the Conference Committee be adopted, and the motion prevailed.
Senator Campbell of the 34th asked unanimous consent to take up the following bill of the Senate for the purpose of considering an amendment offered by the House:
By Senator Campbell of the 34th:
Senate Bill No. 200. A bill to amend an Act creating the Department of Public Safety so as to provide for group insurance for the Uniform Division; and for other purposes.
The House offered the following amendment:
Committee amendment to Senate Bill No. 200.
The Committee moves to amend Senate Bill No. 200 by striking therefrom Section 10-A on page 1 in its entirey, and inserting in lieu thereof a new section to read as follows:
"Section 10-A. The Commissioner of the Department of Public Safety, with the approval of the Department of Public Safety, is hereby authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies or certificates issued to the members of the uniform division of the Department of Public Safety; provided such contracts of insurance be approved by the Department of Public Safety as to the amount of insurance, amount of premiums, and company issuing or writing same, and provided, further, that the premiums for such contracts, policy, or certificate of insurance shall be paid by the members of the uniform division desiring to participate therein; and this shall be in no way considered as a liability on the part of the State to pay for same. Such contract, policy or certificate of insurance may be made payable to the beneficiary designated by the member of the uniform division to whom same is issued."
Senator Campbell of the 34th moved that the Senate concur in the House

SATURDAY, MARCH 22, 1941

1083

amendment, and the motion prevailed.
The following bill of the House was read the third time and put upon its passage:
By Messrs. Bates of Ware, Willfams of Ware and others:
House Bill No. 404. A bill to amend an Act known as the General Tax Act relating to the tax levied on packing houses, brokers and butcher plants; and for other purposes.
The report 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.
Senator Burnside of the 29th submitted the following report of the Conference Committee on House Bill No. 289:
The undersigned Conference Committee duly appointed from the Senate and the House of Representatives to consider House Bill No. 289 and the amendment thereto offered by Senator J. J. Bargeron, do recommend that the Senate insist on said amendment and disagree with the action of the House of Representatives in rejecting the amendment.
Respectfully submitted, Reuben Burnside of the 29th, Bargeron of the 17th, Lanier of the 18th, Fred Hand of Mitchell, Ralph Lewis of Burke, Frank Wells of Burke, Members of Conference Committee.
Senator Burnside of the 29th moved that the report of the Conference Committee be adopted, and the motion prevailed.
Senator Steed of the 43rd submitted the following report of the Conference Committee on House Bill No. 141:
Mr. President:
Your Conference Committee report on House Bill No. 141 and have had the same under consideration and recommend that the Senate recede from its amendment to House Bill No. 141 and that the original bill be passed.
Respectfully submitted, On the part of the Senate: R. Noel Steed, Chairman, J. A. Drake of the 8th, Edenfield of the 4th. On the part of the House:

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Pannell of Murray, Drinkard of Lincoln, Fowler of Douglas.

Senator Lanier of the 18th moved that the Senate disagree to the report of the Conference Committee on House Bill No. 141, and the motion prevailed.

Senator Odom of the 9th moved to table the bill.

On the motion to table, the ayes were 13, nays 21, and the motion was lost.

Senator Lanier of the 18th offered the following amendment, which was adopted:

Lanier of the 18th and Smith of the 24th move to amend House Bill No. 141 as follows:
By adding a new section to be appropriately numbered and to reaa as follows: That nothing in this Act shall apply to cities with a population by the 1940 census and any future United States census that have a population of over 50,000 and in which there is not located over eig!lt motion picture public theatres.
At this time, Senator Franklin of the 38th took the chair.
Senator Lanier of the 18th moved that the President appoint a second Conference Committee to act with a like committee on the part of the House to consider House Bill No. 141 and the pending amendment.
Senator Odom of the 9th moved to table the bill and pending amendment.
On the motion to table, Senator Odom of the 9th 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:

Bland Couch Daughtry Dobbs Dorsey Edwards Garner

Gross Hamilton Holt Houston Kirkland Mason McGehee

:Milhollin Odom Rowland Smith. 35th Wh::dey

Those voting in the negative were Senators:

B1rnside Coker Coxon Drake Edenfield Fortson Foster Franklin

Guyton Harrison Hill Lanier Lewallen Mosley Park Pilcher

Raga!j
Sndh, 24th Steed Striplin
S11~~1ner
Wall

SATURDAY, MARCH 22, 1941

1085

Not voting were Senators: Adams, Almand, Bargeron, Barnhill, Bradley, Campbell, Cannon, Clark, Kiker, and Martin.
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to table, the ayes were 19, nays 22, and the motion was lost.
Senator Edenfield of the 4th moved that the bill be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 38, nays 0, and the motion prevailed.
The Journal of yesterday's proceedings was confirmed.
Senator Wall of the 28th submitted the following report of the Conference Committee on House Bills Nos. 417 and 455:

Mr. President:
VIe, the Committee on Conference to consider House Bill No. 417 and House Bill No. 455 beg to report that we are unable to agree with the Committee on the part of the House, and respectfully ask to be discharged.
Respectfully submitted, J. 0. Wall of the 28th, Daughtry of the 21st, Geo. A. Adams of the 31st.
The following communications were read for the information of the Senate:
House of Representatives U. S. Committee on Elections No. 3
Washington, D. C., March 20, 1941
Hon. Lindley \V. Camp, Secretary Georgia State Senate State Capitol Atlanta, Georgia
Dear Lindley:
I am in receipt of your letter of March 26th enclosing copy of resolution adopted by the Senate in behalf of parity payments on all agricultural and naval store products.
I am pleased to know the attitude of the Georgia State Senate on this vitally important subject and assure you that I am giving my full cooperation in behalf of such parity payments.
\Vith kindest personal regards, I am
Sincerely, Hugh Peterson.

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JOURNAL OF THE SENATE,

Congress of the United States House of Representatives
Washington, D. C., March 15, 1941
Honorable Lindley W. Camp, Secretary, Georgia State Senate, State Capitol, Atlanta, Georgia.
Dear Mr Secretary:
Thank you for sending me copies of the resolutions adopted by the Georgia State Senate on March 7th and March 11th. I am transmitting these to the proper authorities here and requesting favorable consideration.
Sincerely yours, Stephen Pace, M. C.
United States Senate Committee on 'Foreign Relations
March 18, 1941 Honorable Lindley Camp, Secretary of the Senate, State Capitol, Atlanta, Georgia.
Dear Mr. Secretary:
You will permit me to acknowledge receipt of copy of resolution suggesting legislation regarding dental students who may be called into military service.
when the Draft Act was before the Congress efforts were made to take care of college students then. Only ministerial students and seniors were covered, as I now recall it. I question very much whether it would be possible to amend the bill at this time. If, however, any effort is made to do so I shall be pleased to bear in mind your suggestions.
Sincerely yours, Walter F. George.
United States Senate Committee on Foreign Relations
March 18, 1941
Honorable Lindley Camp, Secretary of the Senate, State Capitol, Atlanta, Georgia.
Dear Mr. Secretary:
Permit me to acknowledge receipt of copy of resolution adopted by the Georgia State Senate with reference to making surveys in the 2nd Congressional

SATURDAY, MARCH 22, 1941

1087

District regarding certain mineral deposits.
I am taking this matter up with the proper authorities in an effort to be of service.
Sincerely yours, Walter F. George.
United States Senate Committee on Immigration
March 17, 1941
Honorable Lindley W. Camp, Secretary Georgia State Senate State Capitol Atlanta, Georgia
Dear Mr. Secretary:
This will acknowledge receipt of copies of Senate Resolutions Nos. 59210E and 57-195A, the first pertaining to the deferment of military training on the part of dental students and the second with reference to a survey of the mineral resources of the Second Congressional District.
I shall be glad to cooperate in every way possible in bringing about the intentions of these resolutions.
Sincerely yours, Dick Russell.
Report to the Members of the General Assembly on the Operations of the State House Housing Authority January 21, 1941
Under an Act passed by the General Assembly of 1937, see Georgia Laws 1937, pages 696-702, there was created a State Housing Authority to work with the local housing authorities in bringing into Georgia the benefits of a Federal Law setting up funds for slum clearance. The Act designated in the following order, the State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board and the Governor as an ex officio member, to constitute this Board. In November of 1937 this Board held their initial meeting and elected the State Treasurer as Chairman, the Chairman of the State Planning Board as Vice Chairman, and the Superintendent of Schools as Secretary. It was agreed by the entire Board that due to the fact that there was no appropriation and, therefore, no funds available for per diem and expenses in holding meetings and performing the work of this Board that the Chairman should act for the Board in securing whatever funds possible for local Housing Authorities.
The entire cost of the operations of this Board from November, 1937, to June 30, 1940, the end of the last fiscal year, amounted to $2, 750.88, which was entirely traveling expenses of the Chairman. There are no salaries paid to anyone in connection with the work of this Board. These expenses wer\1

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paid by transfers from the Governor's Emergency and Stabilization fund.

The following is a list of urban or city projects for slum clearance all of which are either under construction or occupied:

City
Athens Atlanta Augusta Brunswick Columbus Decatur Macon Marietta Rome Savannah

No. Projects
3 7 3 2 5 1 4 2 2 3

No. Dwelling Units
270 3,691
611 272 1,512 208 690 228 190 995

Tot. Est. Cost
$ 1,054,000.00 17,430,000.00 2,6"19,000.00 1,069,000.00 5,571,000.00 752,000.00 2,846,000.00 768,000.00 922,000.00 4,214,000.00

TOTALS

32

8,668

$37,245,000.00

The Chairman of the State Housing Authority, Geo. B. Hamilton, after considerable time and wo1k succeeded in getting Washington to initiate a rural housing program under the same set-up. Georgia was the first State in the Union to secure a rural housing project and the first house to be built under this program for a small farm owner in the entire United States, was built in Thomas County, Georgia. At the present time Georgia has an approved loan contract for rural housing in the following counties:

Baker, C1isp, Calhoun, worth, Brooks, Thomas, Colquitt, Decatur, Grady, Lowndes, and Mitchell.

The total of this contract is $1,293,000.00 and we are in process of getting ready to let construction contracts in all of the abov2 counties.

In addition we have an allocation of approximately $1,200,000.00 in the following counties: Appling, Ben Hill, Dodge, Greene, Jefferson, Jenkins, Johnson, Jones, Laurens, Montgomery, Tattnall, Toombs, Treutlen, and Wheeler, whi~h is now in process of completing application for loan contract.

"\Ve also have request in Washington at the present time for additional allocations of $1,000,000.00 for rural housing and the following urban projects:
Marietta, $100,000.00 additional, Athens, $400,000.00 additional, Brunswick, $600,000.00 additional, Waycross, $750,000.00, Albany, $1,000,000.00, Cedartown, $750,000.00, Valdosta, $750,000.00 Thomasville, $750,000.00

These requests are awaiting official action by the United States Housing

SATURDAY, MARCH 22, 1941

1089

Authority in Washington, which we expect within the next few weeks. If we secure the additional allocation for rural housing it will enable us to put projects in ten or 12 additional counties.
Out of a total allocation of $5,000,000.00 to rural housing throughout the entire United States, Georgia has already received approximately $2,500,000.00. On the basis of per capita units, Georgia is leading the entire nation in participation in the benefits of the housing program by almost two to one. Your Chairman has of a necessity made very close contacts with the officials of the United States Housing Authority in Washington and it has proven of considerable value in securing the benefits for the citizens of Georgia.
We believe that the housing program will be greatly expanded in the State of Georgia and on the record of the present operation of the State Housing Authority we feel that through its continued same operation, Georgia is in excellent position to secure a great share of these benefits.
Your Chairman wishes in conclusion of this report to acknowledge the cooperation and help of the other members of the State Housing Authority, the excellent and unselfish help of the local housing authorities throughout the State, and the splendid assistance and cooperation of the Honorable Nathan Straus, Administrator, of the United States Housing Authority in Washington.
Respectfully submitted,
George B. Hamilton, Chairman, State Housing Authority.

State of Georgia Department of Law Atlanta, March 22, 1941
Hon. Lindley W. Camp, Secretary State Senate \Villiam-Oliver Building Atlanta, Georgia
Dear Mr. Secretary:
Senator Chas. W. Kiker requested that the inclosed documents relating to reciprocal agreements between Georgia and other States be returned to you for record in the Senate Journal.
With highest personal regards, I am
Sincerely yours, Ellis Arnall, Attorney General.
Reciprocal Agreement between the States of Georgia and Tennessee
A reciprocal agreement between the States of Georgia and Tennessee is hereby entered into whereby each State grants to the other State full reciprocity as to privately owned and privately operated motor vehicles operating ove:r

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all roads and highways, including and extending to motor vehicles and trucks operated for hire as public carriers on occasional and irregular trips without restriction as to any number of trips per week or per month, provided that the said motor vehicles and trucks for hire be engaged entirely and exclusively in transporting for hire on an annual basis for a single person, firm or corporation; conditioned only that such motor vehicles and trucks must be duly registered and carry proper tag of the State of the residence of the owner of such vehicle. Said motor vehicles and trucks under this agreement may operate without limitation or restriction, in either State, provided such vehicle is duly registered and qualified in the State of the residence of the operator.
This agreement is not to be considered retroactive, and will go into effect only when the same has been signed by authorities of the two States. To the Members of the General Assembly of Georgia:
Pursuant to the rights, powers and privileges granted under Sections 1 and 3 of an Act of the General Assembly approved February 12, 1938, (Georgia Laws Extraordinary Session 1937-1938, page 617), the Georgia Public Service Commission and the State Revenue Commissioner, as head of the Department of Revenue of the State of Georgia, have entered into Reciprocal Agreements with the proper authorities of other States with reference to the -operation of motor vehicles, as per copies of the Agreements attached.
Under the provisions of Section 4, we are required to submit these Reciprocal Agreements for your consideration and for such action as you may deem appropriate. In compliance with the law, these Agreements are submitted.
This January 14, 1941.
Respectfully,
T. Grady Head, State Revenue Commissioner, Department of Revenue, State of Georgia.
walter R. McDonald, Chairman, Georgia Public Service Commission.
Perry T. Knight, Vice-Chairman, Georgia Public Service Commission.
Matt L. McWhorter, Member, Georgia Public Service Commission.
Jas. A. Perry, Member, Georgia Public Service Commission.
Reciprocal Agreement between the States of Georgia and Virginia
A Reciprocal Agreement between the States of Georgia and Virginia is hereby entered into whereby each State grants to the other State full reciprocity as to privately owned and operated vehicles; and full reciprocity as to vehicle$ owned by common or contract carriers for hire, whose operation in the State where their vehicles are not registered is confined to occasional trips ~ver irregular routes.

SATURDAY, MARCH 22, 1941

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Nothing in this Agreement shall be construed to mean that motor vehicle owners with vehicles registered or qualified in either State shall have the right to engage in intra-state hauling in the other State in which their vehicles are not registered or qualified.
This Agreement is not to be considered retroactive.
For State of Georgia: T. Grady Head, Revenue Commissioner. Walter R. McDonald, Chaitman, Georgia Public Service Commission.
For State of Virginia: M. S. Battle, Director, Division of Motor Vehicles.
Approved for State of Georgia this lOth day of August 1939. By E. D. Rivers, Governor
Approved for State of Virginia, this 6th day of October, 1939. By James H. Price, Governor of Virginia.
Reciprocal Agreement between the States of Georgia and Tennessee
A Reciprocal Agreement between the States of Georgia and Tennessee is hereby entered into whereby each State grants to the other State reciprocity as to privately owned and privately operated motor vehieles over all roads and highways, conditioned only that such privately owned and privately operated vehic1e!> must be duly registered and carry proper tag of the State of the residence of the owner of such vehicie.
Privately owned and privately operated vehicles under this Agreement may operate without limitation or restriction in either State, provided such vehicle is duly registered and qualified in the State of the residence of the operator.
This Agreement is not to be considered retroactive, and will go into effect only when the same has been signed by authorities of the two States.
For the State of Tennessee: George F. McCanless, Commissioner of Finance and Taxation.
For State of Georgia: "Walter R. McDonald, Chairman, Georgia Public Service Commission. T. Grady Head, State Revenue Commissioner, Department of Rlv~nue.
Approved for State of Georgia, this 13th day of September, 1939. By E. D. Rivers, Governor.
Reciprocal Agreement between the States of South Carolina and Georgia as to the Operation of Motor Vehicles
A reciprocal agreement is hereby entered into whereby full reciprocity is granted t-o privately owned and operated vehicles; and full reciprocity to vehicles operated on occasional and irregular trips by carriers for Hire, without restriction as to any specific number of trips per week or per month, and without regard to whether or not such vehicles pick up and unload freight.

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For State of Georgia: T. Grady Head, Revenue Commissioner. \Valter R. McDonald, Chairman, Georgia Public Service Commission.
Approved for State of Georgia, this 24th day of July, 1940. By E. D. Rivers, Governor.
For State of South Carolina: State Highway Department of South Carolina, By Ben M. Sawyer, Chief Highway Commissioner. W. W. Goodman, Director, Motor Transport Division, The Public Service Commission.
Reciprocal Agreement between the States of Georgia and North Carolina
A Reciprocal Agreement between the States of Georgia and North Carolina is hereby entered into whereby each State grants to the other State full reciprocity as to privately owned and operated vehicles; and full reciprocity as to vehicles owned by common or contract carriers for hire, whose operation in the State where their vehicles are not registered is confined to occasional trips over irregular routes.
Nothing in this Ag~:eement shall be construed to mean that motor vehicle owners with vehicles registered or qualified in either State shall have the right to engage in intra-state hauling in the Qther State in which their vehicles are not registered or qualified.
This Agreement is not to be considered retroactive; nor does it in any sense affect or change the existing requirements imposed upon those carriers for hire who are already qualified to operate in the State where they are not domiciled.
For State of Georgia: T. Grady Head, Revenue Commissioner. Walter R. McDonald, Chairman, Georgia Public Service Commission.
For State of North Carolina: R. R. McLauglin, Director, ::.\1otor Vehicle Bureau.
Approved for State of Georgia, this lOth day of August, 1939. By E. D. Rivers, Governor.
Reciprocal Agreement between the States of Georgia and Louisiana
A Reciprocal Agreement between the States of Georgia and Louisiana is hereby entered into whereby each State grants to the other State full reciprocity as to privately owned and operated vehicles; and full reciprocity as to vehicles owned by common or contract carriers for hire, whose operation in the State where their vehicles are not registered is confined to occasional trips over . irregular routes.
Nothing in this Agreement shall be construed to mean that motor vehicle owners with vehicles registered or qualified in either State shall have the right to engage in intra-sta~e hauling in the other State in which their ve-

SATURDAY, MARCH 22, 1941

1093

hicles are not registered or qualified.
This Agreement is not to be considered retroactive; nor does it in any sense affect or change the existing requirements imposed upon those carriers for hire who are already qualified to operate in the State where they are not domiciled.
For State of Georgia: T. Grady Head, Revenue Commissioner. Walter R. McDonald, Chairman, Georgia Public Service Commission.
For the State of Louisiana:
Agreed to for the State of Louisiana that either party may terminate this agreement by giving thirty days written notice. Dated at Baton Rouge, La., this 18th day of September, 1939.
E. A. Conway, Secretary of State, Ex-Officio Vehicle Commissioner.
Approved for State of Georgia, this lOth day of August, 1939. By E. D. Rivers, Governor.
State of New Jersey The Commissioner of Motor Vehicles
Trenton, N. J., September 14, 1938
A. 0. Randall, Secretary, Georgia Public Service Commission, Atlanta, Georgia
Dear Mr. Randall:
I acknowledge receipt of your letter of September 9th and I am enclosing, herewith, a copy of an identical letter sent to the Hon. T. Grady Head of the Georgia Public Service Commission and also Hon. Marcus P. McWhorter.
These letters were intended to constitute a formal acceptance of the reciprocity pact between the States of New Jersey and Georgia.
Yours very truly, A. W. Magee, Commissioner of Motor Vehieles. August 8, 1938
Dear Sir:
This will constitute formal acknowledgement of the pact concerning 1eciprocity which you forwarded to this office on July 9, 1938.
In view of the privileges granted to New Jersey residents by the State of Georgia, New Jersey will grant exactly similar privileges to residents of the State of Georgia who have occasion to come into the .State of New Jersey. It is understood that this will be in effect until such time as the New Jersey Legislature makes changes in the law which would require changes in th~ agreement.

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Your very truly,
A. W. Magee, Commissioner of Motor Vehicles.
Georgia Public Service Commission Atlanta, July 9, 1938
Mr. A. W. Magee, Commissioner of Motor Vehicles, State of New Jersey, Trenton, New Jersey.
Dear Mr. Magee:
This will acknowledge your letter of June 30, with respect to a reciprocal arrangement between the State of New Jersey and the State of Georgia.
As stated in our previous communication under Georgia statutes the Department of Revenue and the Public Service Commission have been authorized to negotiate, within limitations, reciprocal arrangements with other states as to the privileges of operating motor vehicles over the highways of Georgia. Under the provisions of this authority these departments are prepared to accord to the State of New Jersey reciprocal arrangements as hereinafter outlined.
This letter is to be construed as two separate communications from the Department of Revenue and the Public Service Commission accordingly as their authority is involved.
The State of Georgia will accord to the State of New Jersey the following privileges, understanding that the State of New Jersey will in turn accord to the State of Georgia privileges of the same kind and to the same degree.
I. Motor vehicles owned and operated by any person or persons, firm or corporation resident of the State of New Jersey duly licensed and properly registered by the State of New Jersey are autl10rized to operate in the State of Georgia without securing motor vehicle license plates and licenses or permits from the State of Georgia in accordance with the following paragraphs.
II. The provisions of this paragraph apply only to private passenger vehicles and private trucks and trailers not operated for hire or compensation.
Any passenger motor vehicle not operated for compensation or employed in contract hauling shall be allowed to operate in the State of Georgia for a period of thirty days, however, the establishment of a domicile or place of temporary abode and engagement in a gainful occupation within the State of Georgia shall be deemed the establishment of a residence in the State of Georgia for the purpose of motor vehicle registration and should the owner of any such passenger motor vehicle operate such vehicle in the State -of Georgia after the expiration of such thirty day period he or she shall obtain a Georgia registration and license paying therefor the same fee which would have been paid had registration and license been obtained when such vehicle first began 1to operate in the State of Georgia. The concessions provided in this paragrHph

SATURDAY, MARCH 22, 1941

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shall be extended only in the event that the owner of such vehicle shall comply with all the valid laws of the State of Georgia.
III. Agricultural Products. Trucks, truck tractors, trailers and semitrailers operated for the sole purpose of marketing or purchasing seasonable agricultural products raised by the owner or operator of such vehicles, may make ten trips per calendar month into the State of Georgia provided said vehicles are duly licensed by the State of New Jersey. This does not permit residents of the State of New Jersey to go into the State of Georgia to buy up agricultural or farm products or other foods, wares or merchandise and peddle or offer the same for sale in said State of Georgia.
IV. Schools, Colleges, Religious or Charitable Organizations. Motor vehicles owned or chartered by schools or colleges, religious or charitable organizations, when used to convey their students, or other scholastic and religio111s or charitable organizations conveying members of said organizations on temporary trips to the State of Georgia shall not be required to qualify, register or procure license plates in the State of Georgia, provided, however, that said motor vehicles so used shall be duly licensed as required by law in the State of New Jersey. Further, any boy or girl whose parents are legal residents of the State of New Jersey and who enroll as students in any one of the State Educational Institutions of the State of Georgia shall be permitted to use and display their New Jersey license plates for their personal use and will not be required to obtain Georgia vehicle license plates during the scholastic term or while actually engaged in such school work as may be prescribed by the constituted authorities of such State institution.
V. Motor Vehicle Dealers. The privileges outlined above shall apply to dealers licenses between dealers place of business and the place at which the dealer purchases motor vehicles. It is the purpose of this paragraph to provide that motor vehicle dealers of New Jersey may transport motor vehicles from the manufacturer to their home state. This provision shall not apply when said vehicles are being transported by a carrier for hire. Dealers transporting motor vehicles through the State of Georgia in accordance with this provision shall be required to display their dealers license plates of the State of New Jersey.
VI. The privileges herein granted shall not be construed in any case to apply to motor vehicles used by any person, firm, association, partnership or corporation which are used in the transportation or persons or property where such person, firm, association, partnership or corporation transports said persons or property for the purpose of giving performances, exhibitions or other forms of entertainments for which admission fees are charged.
VII. Private Trucks, Trailers and Semi-Trailers. Any truck, tractor, trailer or combination of truck and trailer operated by the owner or duly authorized agent thereof for the purpose of transfening goods, wares, merchandise or any other commodity the actual property of the owner of said motor vehicle shall be allowed to be operated in the State of Georgia where said truck or combination of truck and trailer or semi-trailer has been properly

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JOURNAL OF THE SENATE,

licensed in the State of New Jersey for a period covered by the license issued by the State of New Jersey; provided, however, that this paragraph shall not be construed to allow the owner of a motor vehicle who Fnaintains a place of business in the State of Georgia as well as in the State of New Jersey to operate such vehicle in the State of Georgia in connection with or incident to such business without obtaining license and paying the fees prescribed for such a motor vehicle in the State of Georgia, and such privileges granted to private operations of motor vehicle equipment shall not extend where such vehicles are being operated for hire, or engaged in contract hauling.
VIII. When Operated for Hire or Compensation. Motor vehicles owned and operate:d by any person or persons, firm or corporation resident of the State o-f New Jersey operating motor vehicles as a carrier for hire under the regulatory and license laws of the State of New Jersey may make occasional trips into, through or across the State of Georgia without paying regulatory or registration fees, and provided that the term occasional trips as used herein means:
(a) Not more than one trip per week, per person, company, firm or corporation to pick up, load or unload packages, freight or merchandise within the State of Georgia.
(b) Not more than one trip per vehicle per week when no packages, freight or merchandise is picked up, loaded or unloaded within the State of Georgia.
(c) Provided further that the vehicle or vehicles are legally qualified under the "for hire carrier" laws of the State of New Jersey, and that the carrier is legally qualified with the Interstate Commerce Commission, as plovided by the Federal Motor Carrier Act of 1935, to operate in interstate commerce between the State of New Jersey and the State of Georgia.
IX. General. The privileges granted herein shall not be construed to apply to any vehicle which is operated on regular route or schedule, nor shall th.e privileges herein granted apply to vehicles carrying extra fuel tanl~s or supply attached or unattached.
The rights, privileges and immunities which are extended by the State of Georgia to persons, firms or corporations of the State of New Jersey will, we u:1derstand, be accorded by the State of New Jersey to persons, firms or corporations of the State of Georgia and this letter is written, based upon that understanding. We shall appreciate your acknowledgin.e: receipt of tl!is communication and confirming the fact that the privileges above outliwtl will be fully reciprocated in order that our inspectors may be duly instructed. It is understood that the privileges herein accorded may be 1evoked by the State of Georgia on sixty days written notice and should the State of New Jersey desire t.o withduw reciprocal privileges it will extend similar notice to the State of Georgia.
W. R. McDonald, Chairman,
Public Service Commission of the State of Georgia.

SATUBDAY, MARCH 22, 1941

1097

T. Grady Head, Revenue Cmomiaioner of the State of Georgia.
M:arcus P. McWhorter, Director o:f the Motor Vehicle Division.
RECIPROCAL AGREEMENT
This memorandum agreement made and entered into between the parties hereinafter named, and in so far as it applies to the State of Georgia, the Department of Revenue of the State of Georgia and the Georgia Public Service Commiaion are authorized to enter into this agreement in pursuance of an Act passed by the General Assembly of Georgia entitled "Be it enacted an
Act to provide for Reciprocal Agreements with other States as to privileges of operating motor vehicles over the Highways of this State, and to provide the powel'S and duties of State Agencies or Departments in reference to said
Reciprocal Agreements, to provide an effective date for this Act, and :for other purposes."
Now in pursuance of said Act this ~ement is made and entered into between the State Revenue Commission of the State of Georgia and State Tax Commission of the State of Alabama, and also between the Public Service Commission of the State of Georgia and State Tax Commission of the State of Alabama.
This agreement is to be construed as two separate agreements between the parties above stated, so as to comply with the above state Act of the Geor~ gia General Assembly.
Witneaeth: That motor vehicles owued and operated by any person or persons, firm or corporation resident of the State of Alabama duly licensed and properly registered by the State of Alabama are hereby authorized to operate and to be operated in the State of Georgia without securing motor vehicle license registration plates and licenses or permits from the State o:f Georgia in accordance with the following provisions:
Article I. Private passenger vehicles and private trucks and trailers not operated for hire or compensation. The provisions of this Article apply to only the persons described in the handling.
Paragraph One. That any passenger motor vehicle not operated for compensation or employed in contract hauling shall be allowed to operate in the State of Georgia for a period of thirty days provided that the establishment of a domirile or place of temporary abode and engagement in a gainful occupation within the State of Georgia shall be deemed the establishment of a residence in the State of Georgia :for the purpose of motor vehicle registration, provided :ful'ther that should the owuer of any such passenger motor vehicle operate such vehicle in the State of Georgbil after the <'xpiration of sucl~ thirty day period he or she shall obtain a Georgia registration and license paying therefar the same fee which be or she would have paid had he or she obtained a registration and license at the time he first began to operate said vehicle in the State of Georgia. The reciprocal concessions provided in this paragraph shall be extended only in the event that the owner of any such motor vehicle shall comply with all the valid laws of the State of Georgia, provided, however, any

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passenger motor vehicle owned and operated by a resident of the State of Alabama, the owners of which works in and makes daily trips into the State of Georgia shall be allowed to operate in the State of Georgia without" Georgia license plates, provided said vehicle is licensed by the owner in the State of Alabama.
Paragraph Two. It is further provided that citizens, firms or corporations of the State of Alabama having a place of business near the State boundary line of Georgia, who operate wreckers duly licensed under the State of Alabama shall be permitted to cross over the line of Georgia and into the State Qf Georgia on emergency trips for the purpose of rendering service in the case of wrecks or otherwise disabled motor vehicles.
Agricultural Products. Paragraph Three. Trucks, truck tractors, trailers and semi-trailers operated for the sole purpose of marketing or purchasing seasonable agricultural products raised by the owner or operator of such vehicles, may make ten trips per calendar month into the State of Georgia, provided said vehicles are duly licensed by the State of Alabama.
This agreement does not permit residents of either State to go into the other State to buy up agricultural or farm products or other foods, wares or merchandise and peddle or offer the same for sale in said State.
Schools, Colleges, Religious or Charitable Organizations. Paragraph Four. Motor Vehicles owned or chartered by school, or colleges, religious or charitable organizations, when used to convey their students, or other scholastic and religious or charitable organizations conveying members of said organizations on temporary trips to either State shall not be required to qualify, register, or procure license plates in either State, provided however, that said m<Jtor vehicles so used shall be duly licensed as required by law in the State of the residence of said schools, colleges, religious or charitable organizations, proYided further any boy or girl whose parents are legal residents of the State of Alabama and who enroll as students in any one of the State Educational Iustitutions of the State of Georgia shall be permitted to use and display Alabama license plates for their personal use and will not be required to obtain Georgia motor vehicle license plates during the scholastic term or while actually enp;agcd in such school work as may be prescribed by the constituted authorities oi such State Institution.
Motor Vehicle Dealers. Paragraph Five. The reciprocal agreement outlined in this agreement shall apply to dealer licenses between dealer's place of business and the place at which the dealer purchases motor vehicles. It is the purpose of this paragraph to provide that motor vehicle dealers of either State may transport motor vehicles from the manufacturer to their home State. This provision shall not apply where said vehicles are being transported by a carrier for hire. Dealers transporting motor vehicles through either State in accordance with this provision shall be required to display their dealer license plates of their home State.
Motor vehicles operated by any person, firm, association, partnership or corporation for the transportation of exhibitions or other forms of entertain

SATURD'AY, MARCH 22, 1941

1099

ment for which admission fees are charged. The provisions of this agreement shall not be construed in any case to apply to motor vehicles used by any pdrson, firm, association, partnership or corporation which are used in the transportation of persons or property where such person, firm, association, partnership or corporation transports said persons or property for the purpose of giving performances, exhibitions or other forms of entertainment for which entertainment admission fees are charged.
, Private trucks, trailers and semi-trailers. That any truck, tractor, trailer and semi-trailer Ol' combination of truck and trailer operated by the owner or duly authorized a~nt thereof for the purpose of transferring goods, wares, merchandise or any other commodity the actual property of the owner of said motor vehicle shall be allowed to be operated in both States where said truck or combination of truck and trailer or semi-trailer has been properly licensed in either State fol' a period covered by the license issued by such State; provided however, that this paragraph shall not be construed to allow the owner of a motor vehicle who maintains a place of business in both States, to operate such vehicle in the State in which such business is maintained and in connection with or incident to such business without obtaining license and paying fees p1escribed for such a motor vehicle in the State in which the business is maintained and the motor vehicle is operated.
Provided futther: That the privile~s being ~anted in private operations of motor vehicle equip:n1ent shall not extend where such vehicles are being operated for hire, or enga~d in contract hauling.
Article II. When Operated for Hire or Compensation. Paragraph One. Motor Vehicle owned and operated by any pcxson or petsons, firm or corporations resident of the State of Alabama operating moto1 vehicles as a carrier for hire under the regulatory and license laws of the State of Alabama may make occasional trips into, through or across the State of Georgia without paying regulatory or l'Cgistration fees provided that the term occasional trips as used herein means:
a. Not more than one trip pel' week, per person, compan:v, firm or corp9ration to pick up, load or unload packages, freight or merchandise within the State.
b. Not more than one trip per vehicle per week when no packages, freight or merchandise is picked up, loaded or unloaded within the State.
c. Provided further that the vehicle or vehicles are legally qualified under the "for hire carrier" laws of said resident state, and that the carrier is legally qualified with the Interstate Commerce Commission, as provided b:r the Fede1al Motor Canier Act of 1935, to operate in interstate comm~~ce between the two states.
Article III. General. Paragtaph One. The p1ivilege granted herein shall not be construed to apply to any vehicle which is operated on regular route schedule, nor shall the provisions of this agreement apply to vehicles carrying extra fuel tanks or supply attached or unattached.

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Paragraph Two. All the rights, privileges and immunities extended by the State of Georfria to persons, firms or cotporations of the State of Alabama in pursuance of this agreement shall in like manner be extended to persons, firms o1 corporations of the State of Georp by the State of Alabama. It being the purpose of this agreement that persons, firms or corporations of the two States parties to this agreement be granted the same rights, privileges, and immunities in the two States which are parties hereto.
Paragraph Three. This agteement may be cancelled by either State on sixty days written notice, unless such agreement is revoked by statute of either State.
In witness whereof, the officials of the State of Georgia and the officials of the State of Alabam have signed this agreement in their official capacity.
This the 6th day of July, 1938.
W. R. McDonald, Chairman of the Public Service Commission of the State of Georgia.
T. Grady Head, Revenue Commissioner of the State of Georgia.
Marcus P. McWhorter, Director of the Motor Vehicle Division, State of Georgia.
Henry S. Long, Chairman of the State Tax Commission, of the State of Alabama.
John P. Kohns, Associate Commissioner, State of Alabam.
W. W. Ramsey, Associate Commissioner, State of Alabama. Approved by: Bibb Graves, Governor.
We have executed the reciprocal agreement on the part of the State of Georgia with a definite understanding that the State of Alabama will relieve Georgia citizens who operate in Alabama under the pl'OVisions of the agree~ ment by motor equipment from all taxes including the mileage tax. Reciprocal Agreement between the State of Georgia and the State of Florida
This memorandum agreement made and entered into between the parties ll_ereinafter named and insofar as it applies to the State of Georgia, the Department of Revenue of the State of Georgia and the Georp Public Service Commission are authorized to enter into this agreement in pursuance of an Act passed by the General Assembly of Georgia entitled: "Be it enacted, an Act to provide for reciprocal agreements with other states as to privileges of operating motor vehicles over the highways of this State, and to provide the powers and duties of state agencies ot depa1tments in refenmce to said reciprocal agreements, to provide an effective date for this Act, and for other purposes."
Now, in pursuance of said Act, this agreement is made and entered into between the State Revenue Commission of the State of Georfria and the Motor Vehicle Department of the State of Florida, and also between the Public Ser~ vice Commission of the State of Georgia, and. the Florida Railroad Commission of the State of Florida.

SATURDAY, MARCH 22, 1941

1101

This agreement is to be construed as two separate agreements, between the parties above stated, so as to comply with the above stated Act of the Georgia General Auembly.
Witnesseth: That motor vehicles owned and operated by any person or persons, firm or corporation resident of the State of Florida duly licensed and properly registered by the State of Florida, arc hereby authorized to operate and to be operated in the State of Georgia without securing motor vehicle license registration plates in accordance with the following provisions:
Article I. Private Passenger Vehicles and Private Trucks and Trailers not Operated for Hire or Compensation.
The provisions of this Article apply only to the persons described in the heading.
1. That any passenger motor vehicle not operated for compensation or emplo'fed in contract hauling shall be allowed to operate in the State of Georgia for the period of time the plate 1emains in force, provided that the establishment of a domicile or place of tempotary abode and engagement in a gainful occupation within the State of Georgia shall be deemed the establishment of a residence in the State of Georgia for the purpose of motor vehicle registration. The reciprocal concessions provided in this paragraph shall be extended only in the event that the owner of any such motor vehicle shall comply with all the valid laws of the State of Georgia.
2. It is further provided that citizens, firms ox corporations of the State of Florida having a place of business near the state boundary line of Georgia, who operate wreckers duly licensed under the State of Florida shall be permitted to cross over the line of Georgia and into the State of Georgia on emergency trips for the purpose of rendering service in the case of wrecks or otherwise disabled motor vehicles.
Agticultural Products. 9. Trucks, truck-tractors, trailers, and semi-trailers operated for the sole purpose of marketing or purchasing seasonable agricultural products raised by the owner or operator of such vehicles, maJ' make dailJ' trips for the purpose of disposing of perishable products: weekly for other farm products, not perishable.
This agreement does not permit residents of either state to go into the other state to buy up agricultural or farm products, or other foods, wares or merchandise and peddle or offer the same for sale in the other state.
Schools, Coileges, Religious or Charitable Organizations. 4. Motor vehicles owned or chartered by schools or colleges, religious or charitable organizations, when used to convey their students, or other scholastic and religious or charitable organizations conve~.'ing members of said organizations on temporary t1ips to either state shall not be required to qualify, register, or pxocure license plates in either state, provided, howeve1, that said motor vehicles so used shall be duly licensed as required by law in the state of the residence of said schools, colleges, religious or charitable organizations, J?:rovided ;urtheli

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JOURNAL OF THE SENATE,

any boy or girl whose parents are legal residents of the State of Florida, and who enroll as students only, in the State Institutions of Higher Learning of the State of Georgia shall be permitted to use and display their Florida license plates for their personal use and will not be required to obtain Georgia motor vehicle license plates during the scholastic term or w:1ile actually engaged in such work as may be prescribed by the constituted authoritiros of such state institutions.
Motor Vehicle Dealers. 5. The reciprocal privileges outlined in this agreement shall apply to dealer licenses between dealer's place of businss and the place at which the d2aler purchases motor vehicles. It is the purpose of this paragraph to provide that motor vehicle dealers of either state may transport motor vehicles from the n:anufacturer to their home state. Dealers transporting motor vehicles through either state in accordance with this provision shall be required to display their dealer's license plate of their home state. This paragraph shall not apply to vehicles being transported for compensation, or for hire.
Motor Ve~1icl2s Operated by any person, firm, association, partnership or corporation for the transportation of exhibitions or other forms of entertainment for which admission fees are charged.
6. The provisions of this agreement shall r.ot be construed in any case to apply to motor vehicles used by any p~rson, firm, association, partnership or corporation which are used in the transportation of persons or property where such person, firm, association, partners!-lip or corporation transports said persons or property for the purpose of giving performances, exhibitions or other forms of entertainment for which entertainment admission fees are charged.
Private Trucks, Trailers and Semi-Trailers Operated on Occasional Trips. That any truck, tractor-truck, trailer and semi-trailer operated by the owner or fully authorized agent thereof for the purpose of transporting goods, wares or merchandise which is the actual property of the owner of said vehicle, shall be allowed to operate for occasional and irregular trips into, through and across both states where said vehicle or vehicles have been duly licensed and properly registered in either of the states. Occasional and irregular trips within the meaning of this agreement shall be construed to mean not more than one trip per week, per calendar month, per company, person, firm or corporation.
Article II. When Op(;rated for Hire or Compensation. 7. Motor vehicles owned and operated by any perwn, or persons, firm or corporations, residents of t:1e State o.i Florida as a carrier of used, uncrated household goods, office fixtures, store fixtures and merchandise stock of said store, when moved in the same load with the store fixtures, under the regulatory and license laws of the State of Florida may make occasional trips into, through or across the State of Georgia, not exceeding four trips per calendar month, per person, firm or corporation without paying regulatory or registration fees.
Article III. General. 8. The privileges granted herein shall not be construed to apply to any vehicle which is operated on a regular route or

SA'l"URDAY, MARC:U 22, 1941

1101

schedule, nor shall the provisions of this agreement apply to vehicles careying extra fuel tanks or supply attached or unattached.
9. All the rights, privileges and immunities extended by the State of Georgia to persons, firms or corporations of the State of Florida, in pursuance of this agreement shall in like manner be extended to persons, firms or corporations of the State of Georgia by the State of Florida. It being the purpose of this agreement that persons, firms or corporations of the two states parties to this agreement be Rranted the same tights, privileges, and immunities in the two states which are parties hereto.
10. This agreement may be cancelled by either state on sixty (60) days written notice, unless such agreement is revoked by statute of either state.
In Witness Whereof, the officials of the State of Georgia and the officials <>f the State of Florida have signed this agreement in their official capacity.
This the 26th day of September, 1938.
W. R. McDonald, Chairman, Public Service Commission, State of Georgia.
T. Grady Head, Revenue Commissioner of the State of Georgia. Marcus P. McWhorter, Director of the Motor Vehicle Division,
State of Georgia. D. W. Finley, Commissioner, Motor Vehicle Commission,
State of Florida. Eugene S. Matthews, Acting Cha~:rman, Florida Railroad Commission.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Senator Cannon of the 40th:
Senate Bill No. 188. A bill to be entitled an Act to amend an Act entitled an "Act to p1-ovide for the payment of a license by certain pel'lllons fishing within the State and for other purposes.
By Senator Wall of the 28th:
Senate Bill No. 63. A bill to be entitled an Act to require all defendants in misdemeanor cases, in counties having populations of not less than 8,500 and more than 9,000 to be bound over to the County or City Courts for trial and for other purposes.
By Senator Coker of the 39th:
Senate Bill No. 103. A bill to be entitled an Act to provide that counties having a certain population shall pay cost of conviction of misdemeanor case~ in the Superior Courts and City Courts and for other purposes.

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JOt:I'RNAL OF THE SENATE,

Mr. President:
The House has adopted the Senate amendments to the following bills and resolutions of the House and Senate, to-wit:
B7 Senator Campbell of the 34th: S-enate Bill No. 200. A bill to be entitled an Act to amend an Act ap-
proved March UJ, 1927 creating a Department of Public Safetl"; and for other purposes.
By Mr. Dyal of Appling:
House Bill No. 874. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Appling County; and for other purposes.
By Mr. :McClure of Catoosa: House Resolution No. 76-446A. A resolution providing that the Depart-
ment of Public Safety pay over to the County of Catoosa a certain sum for the hospitalization of Charles Coates and for other pu1poses.
Mr. President:
The House has adopted the Senate substitute to the following bill of the House ,to-wit:
By Messrs. Candler, Dunaway and Turner of DeKalb:
House Bill No. 863. A bill to be entitled an Act authorizing a cadastral survey in all counties; and for other purposes.
The House has adopted the report of the Conference Committee on House Bill No. 289, has receded from its disagreement to the Senate amendment and has ag1-eed to the Senate amendment.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment of the followin~;t bill of the House, to-wit:
By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson and Kea of Lau1ens:
House Bill No. 246. A bill to be entitled an Act providing the time for enforcing deeds as secut-e debt on Real Property; and for othel' purposes.
The House has agreed to the report of the Committee on Conference on House Bill No. 282, to-wit:
By Mr. Turner of DeKalb: House Bill No. 282. A bill to be entitled an Act to classify the operation
of trackless trolleys the same as street railways, to provide for their l'egulation; and for other purposes.

SATURDAY, MARCH 22, 1941

1105

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. Pre~ident:
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
By Mrs. :Wankin, Messrs. Etheridge and Kendrick of Fulton:
House Bill No. 102. A bill to amend an- Act so as to give all courts having jurisdiction in felony and misdemeanor cases, authority in certain cases to allow defendants to serve sentences outside the chaingang; and for other purposes.
Mr. Rowland of the 16th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bills and resolutions of the Senate and haYe instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
Senate Bill No. 80; Senate Resolutions Nos. 42-140C, 41-140B; Senate Bills Nos. 135, 102, 138, 209, 70, 68, 207, 187; Senate Resolution No. 26-80A; Senate Bills Nos. 146, 122; Senate Resolution No. 43-144A; Senate Bills Nos. 111, 208, 206, 158, 159, 148; Senate Resolutions Nos. 62-223A, 65-227, 68228, 44-144B; Senate Bills Nos. 103, 137, 70, 87, 78, 30; Senate Resolution No. 54-195A; Senate Bills Nos. 227, 190, 162, 164, 81, 121, 196, 107, 211, 176, 110, 214, 134, 219, 104, 101, 63, 67, 191.
Senate Bills Nos. 188, 96, 200, 74, 169, 16, 72, 97, and 66.
Respectfully submitted, Rowland of 16th district, chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Senator Fortson of the 50th:
Senate Resolution No. 43-144A. A resolution proposing that the Highway Department make restitution to \Vitkes County for bonds issued for road construction; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:

1106

JOURNAL OF THE SENATE,

Mr. President:
The House has adopted the following resolution of the House, to-wit:
By Mr. Culpepper of Fayette: House Resolution No. 188. A resolution providing for a committee to
notify the Governor that the General Assembly is ready to adjourn sine die.
The Speaker has appointed as a Committee on the part of the House the following members of the House, to-wit:
Messrs. Blease of Brooks, Bloodworth of Bibb, Hand of Mitchell, Wren of Glascock, and Strickland of Haralson.
The following message was received from the House through :vir. Boone, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
By Mr. Culpepper of Fayette: House Resolution No. 189. Resolved that this House now stand adjourned
sine die.
At this time, the President returned to the chair.
The following resolution of the House was read and adopted:
By Messrs. Culpepper of Fayette and Elliott of Muscogee: House Resolution No. 188. A resolution providing for a committee of
three from the House and two from the Senate to notify His Excellency, the Governor, that the General Assembly of 1941 has completed its business and stands ready to adjourn sine die.
The President appointed as a committee on the part of the Senate to act under the above resolution: Senators Milhollin of the 46th and Holt of the 48th.
The following resolution was read and adopted:
By Mr. Culpepper of Fayette: House Resolution No. 189. A resolution adjourning the General Assembly
sine die.
The committee appointed to notify His Excellency, the Governor, that the General Assembly had transacted its business and now stood ready to adjourn sine die, repoo:ted that it had dispatched its message to the Governor.
The President announced the Senate adjourned sine die.

INDEX

1107

Senate Journal lnd~

A

Abandonnwnt. f>n1an.'"P f'Olll't poWPR'S. SB 71) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151. 205, 37!l, 661 AhbP\'i1le. amPIHl {'h;ut<r. HB an7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~fin. 300. 318

AhsPnt<<' Ballots. HB g] . .

. ................................... !i80. !!50. lOHl-20

AdPI. anwnd A(t ill('oJ"porating. Hll ;)H;) ............................... , ..... 51S, 563, 594

Adjotll'lllll<'llt. lor rommitter ills)urtiolls. HR l 01.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4:{2

Administrators and ExP('UtoJ's, allowaii<'P. HB ;{!) . . . . . . . . . . . . . . . . . . . . . . . :.!H7. :HiO. {)00 AdmiuistnltOI'S and EXf'('lJtOI'S, illlllllal I'Ptlll'llS, SB };q, . . . . . . . . . . . . . . . . . . :.!!Ia. auo. HOO. 1061-flZ

Adoption Laws. to rPdsP. HB 0 0 .......................................... 057. R04, 968

Ag-1. & Homp E{. Extf'll"ion \\ork. tax. SB 10:.! . . . . . . . . . . . . . . . . . . . . . ~lti-17. :2-lH, -l2n-:w. 102:3

Ag-r. & Homp Et>. T!;.wlwr~. Pmploynwnt of. SB 101 . . . . . . . . . . . . . . . . . . . 210. :.!tiK -l:!S-20. 102:3

Airports. authorizP Hig-hway Ho;dd to <on~tnld. HB -111 . . . . . . . . . . . . . . . . . . . . . . . 7Ba. R;!4. 1001

Airport:-;. <Oni3tnidion & rP~ul;,tion. SB :!14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . <a::!:L 077. 787. 1023

Alhany. amPJHI d1art1>r. HB :.!'!!1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10. 177. 1!17

Alimony. l'PI!HlatP ('OJJtP!llpt. SB nti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00. ;305. 241. 25:!, -lOS. 750

Anwnd Al't 1Ga. Law~ l!t:l5. pp. :w-l. :W7l SB :HJ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:n

An)(nd Code. Se<. -1:>-fiOi">. lH:J:L HB 1 Hi> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5tln. 6~. 646

Anwnd CodP. SP< . .~li-10a-t-. to ('XPmpt ~od.-.tiP~. SB R-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

175

AmPIId Code. Title Iii. Chapter a. to inl'itHlP ('I'OPIH'I'~. HB !H . . . . . . . . . . . . . . . . . . . . . . 481. 562

Amend Codp SC"('. H:!-1410, SD li~................................. . . . . . . . . . . . . .

90

Ali!EXDJIIE::-<'TS TO CO::-<STITCTIOX

AhhP\'iliP S(hool Di:--t.. hond~. HB 1 R!l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fi:2-l. H7fi. 704-06

Ahhp\illt to i:--~up bond.... HB :!-1:.! . . . . . . . . . . . . . . . . . . . . . . . . . H:.!-1. fi77. 712-14

Adl'ian I 1 t' ~thool DI:-<t .. hontl~. HB :!S7 . . . . . . . . . . . . . . . . . . . . . . . . . . . ti:!.~. ()77. 71!1-21

Ad\'(rti~ing- RP~OliJ'('f':-- of StatP. HR 1 li--l5A . . . . . . . . . . . . . . . . . . . . . . :{0:!. -!:.!a-2-1. 1006-08

AnwrulmPnt:..; to Con!"'titution ~JH'dal ('ommitt<P RPport. . . . . . . . . .

7tH)

Annual ~~"~~ion:..; of LPgi!"'latiiJ't. SR :.!1-fi~B . . . . . . . . . . . . . . . . 114. 14-l. 1~5-7, .J.:W, 46!!-65

Arti(']p III. S{'f'tion IV. Par. Ill AmPmlP<l. SR ~-~-laB........................

Jan

Artic]p III. ~<'dion X. Par. I AnHntll'd. SH. ;!-1-/:JA...

...

laS

BaiH'I' Co.. to i~~liP bond~. HB :!a!I. .

. . . . . . . . . . . . . . . . . . . . . . . . . . . :.!:H. :na. a70-7:3

Bihh Co .. tt-mrwrar~ loan:-:. HB lilti.

. .......................... 7:.!n. 775. 850-5:3

Calhoun Co .. to i:..;~llP hund~. HB :!:"l!l. . . . . . . . . . . . .

. . . . . . . :.!a:.!. :na. a7:~-7(l

Catoo~a Co .. to b:--UP hond~. HB :{70 . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . 4:.!4. -~7fi . ..J.B~-:)01

Chatham Co .. ~chool tax(~. HR 0!1-fiH:JA. . .

. ............... 7a:!. RH0-82

Chattoog-a Co .. funding- hond~. HR 40-lHH.-\............

. . . . . 1H:!. '201), '2:~7-40

('lax ton, i:--:--lH' bond". HB :.!/~.

. . . .. .. ..

. .li:!:l. H77. 717-1!)

Claxton Sdwol Di,.tl'ict ho1Hl..;. SB -!7 . . . . . . . . . . . . . . . . . . . . . . . . HO. H7. HH. 1:.!1-:.!:J, 414:
Cobb Co .. bond:::. HR 7:.!--l'H A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:n. 871-74

Cwhran to i:-:~IH' bond~. Hll 1;)0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:!4. -175. 4B4-n6

Cook Co .. bond~. HB 714 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D;)7. D!ll. 10a5-a7

Cool:: Co.. hot11l~. HB liaS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7aO. H:!~. H01-04

Cordp]p, bond~. HB a;,;,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. 7:.!S. 77-l. H:.!0-28

Crawford. howl:'. HH fi-!1)...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:dO. 77fi. R56-58

CTawford. ~dlool di:..;trit-t bond~. HB 7:.!5 . . . . . . . . . . . . . . . . . . . . . . . . 1:10. 777. Hll~-05. !l90

DaclP Co .. to i:-<!-ilW hond~. Hll :!aH.

. . . . . . . . . . . . . . . . . . . . . . . . . . . ti:.!-1, 077, 710-12

Da\'i~horo ~('hool Di:--trict hoJHb. SR 41-1-!0B............

. .. :f-!!1. 4:.!:!. 4:1:.!-5-l. 742

Dt>Kalb Co.. to p~tabli~h ~PWPra.~P. HR 05-a57 A . . . . . . . . . . . . . . . . . . . . . . 7al. H~:-J. 940-41

Dod.!!'' Oo .. fundiiig- bond~. HR 1:!1-7-1:..11J . . . . . . . . . . . . . . . . . . . . . . . . . . . !100, D!I:J. 10a2-:!5

DoPJ'Illl. horu1~. HR H0-511B..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:-J:.!. H7{)-78

~:"tffing-ham Co. to i~~ll> horult-. HR ~:!-fi;)ll . . . . . . . . . . . . . . . . . . . . . . . . . . . 117. :!OIL :!:15-:i7

E\ans Co. to i!"'~llf' how b. sn 1 a;,.

. . . . . . . . . . . . . . . . . . . . . . . . :!Ba. aH5. -10:!-05. n:n

Extp]:..;im Sehool Di~t.. h~1n<b. HB (11)7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7aO. 776., 858-00

Four-ypar tPI'm for Go\crnor. HR !1-:.!A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11H. 1-l-!. 1R:1-4

:n. Folii'-YI'<tl' tPI'Ill for GO\'l'I'I!OJ', SR n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57. 97

Foms('<.ll' tf'l'lll Supt. of ~~lwob. ~R 10 . . . . . . . . . . . . . . . . . . . . . . . . . . :n. 57. OH. UO, 14~

Fulton &. Dpl{alh Hig-hway Authority, HB li:.!li . . . . . . . . . . . . . . . . 7:30, X:!:.!. HH~-n01. 10fi.2

Gairws,illP. hond~. HR liH-:Ji'5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:n. ~:!a. !J-!1-4::!

HahPr~ham Co .. ~dH)()l bond~. HR 5H-:J:!IiA . . . . . . . . . . . . . . . . . . . . . . . . !15!J. !JH:!. 10a7-40

Han<<wk Co.. bond~. HR 1 05-lil :!A. . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . 7a:!. ~:!a. H:i7-:{8

Hart Co .. to i~~ue hoiHb. Sll 1~7.

. . . . . . . . . . . . . . . . . . . . . .~07, 5:10. fiH-l-{)(L B:-i1

Haz('lhur:..;t. bond~. HB :l!l-t. .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0:!5. 701, 824-~6

Ho!"'pital Authority. HB aon ....................................... 7aa. 774, !ll::i-14

Irwin Co .. bond~. Hll -!Ofi.

. . . . . . . . . . . . . . . . . . . . . . . . . . 7~S. 77-l. R:.!R-:11

Irwin Co .. to i~~llP hoJH!s. SR 5-1-1!15A . . . . . . . . . . . . . . . . . . . . . . . . ;J:.!!J, til H. U5a-50. 0:31

Jpff Dad:-- Co .. honds. HB H tO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7aO. 77ti. 85:{-56

JeffPI'H>Il Co .. s(hooJ district :Xo. 1. bonds. HB 1R:! . . . . . . . . . . . . . . . . . . . -1:.!4, 440. 4!16-98

Jefferson Co., ~dwol dh.trkt 10, bonds, HR DU-551A . . . . . . . . . . . . . . . . . . . . 732, 878-80

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I ! I-ODS '.!.. ~!.. ~t.!. ;;;:-n I~
~t-~:t~ -~L!.

'fiZ:.!.-. . . . . . . . . . . . . . . . . . . .

fl!liOJllll!l~li0-1 IIOJll:o~qqlld
. . . . . . . . . . L rg fiH '\'iJHIIHJ "o,) .:IIIJPJtlT!d

IX

.!. 1 'HS -,~.n,uqr .wu.J.J.\of) JO .I.l.\\Od .:-tuptop.n:d

s.~.~ '11:.!.



.!.<..!. HH ~p11oq o.) .HI.tmn.li.:-to

11 }:.!.
~.!.t -~t~: n;:!, .... ' .... ..

;-;o.!. UH '\'im:ol .\.u:.uJthu.Jl "o,) IIHIll!I\:
!It I H~ ~puoq o:) '"11!1'1:: ................... tt:9 HH ~puoq o,) ''II!I-\1:

rn-wn: :-:~.:s: t:!J-(:!II 'tt I -~ r I

vtt:-t-I 'HH xtq dJt(I:J.ll:.\ .\".\.J( o1 'lltJ.lHJX

tH-O! I}: 'S<.;}: ;.H-n~ T ' t t l 'H [ l ' . . . . . . .

. n;;t;-S:T 'HH .,.;;aqppnq ,\\HI 1Cftlf,)X.l Xl!l 'li0-11!J(

Lt:-!1~:~ '<JL!. n;.!,. I IS HH :-:.qou ,J~li.JJ,JP pmoqt!u un.H!J\1:

t.ns '.!.ti~: ttJT Hh .qqm.J~sv [B.I.mJD UJ Jl.Hl\'i!fCHtn :-;II!<l (T!.JO'l
~w-sHH '.!..!..!. u:L n;:L. aH '\'ilHtoq uol~tqx.J'J

S~USUI s:t;UI 'UOOI 'UtJ-.!.t.Hi 'tOL 'T~W . . . . . . . . 3:!.1:1-~f: 'HH uoq,>!P:-lJ.mr .J,>HJd JO ~.J.)qsnr

O\l~tt! '\l.!.k "lJo.!. IUS aH spuoq 1s!a [Ootps uosuqor

xaaNr

son

INDEX

1109

~IillPI'. A. T.J. . . . . . . . . . . . . . . . . . . . .

. .................

!Hl7

::\IohiC',L <'adton . . . . . . . . . . . . . . . . . . . . .

. ................... .

!1!14

)[OOJ'f'. ~II:O:if' T . . . . . . . . . . . . . . . . . . . . .

. ........... .

!)!)!)

)lnrri~. \V. ~- .

......................

. .......... .

!1!15

Jlta,-o,lo::. ('JaudP JI.. . . . . . . . . . . . . . . . .

..

Ra\\'lin .... Jll.l':-:toll . . . . . . . . . . . . . . . .

. .............................

l~f'a!.!"in. 1-:. J.J. . . . . . ...........

0!)5.
~HH
nn-t

l{tf':--1', (Jtor!.!"P

. . . . . . . . . . . . . . . . . . . . . . . . ............

J{o::tr:-:. })1. l{oht. I.J. . . ............

~harp. T>r. ('. K.

. .................................................. .

H!H3 nn6 !1!)6

~nJith. H. ('ar..,on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104:3

~triddand . .Ju!L111. Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thra~h(r. I~. }: .. Jr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

!lf)5
mH

Tuttn. .-\rulrf\\' ........................................................ .

~ry~'''l . .J ...\.

. ......................................

,.arn. 1\:. ~- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HH-l HH7 HB5

\\"lllt<. Ilt. \\". K. . .................................................... .

104:3

'"\''rilllilainaJm:-~o..

('art\ ])r. J.

G.

................................................. ..

!lH() 10.}:!

Apprptiatwrr Rt .... olution~;. ,-i~itin~ tommittPI's . . . . . . . . . . . . . . .

. .................... 704-05

Arthitfd~. anH'nd ctuiP. HB ~a.... . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . liXO. HilO. 10:20

Ar<"hitf'd:-o. prohibit rraud pa,\'lllPnt~ on attount. HB 1 :!1 . . . . . . . . . . . . . . . . . . . . . . . X1 :!. H:)O. 1002

Arlin!.!"ton. anwntl (hal'ttr. HB -10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . na. llX. 1:{0

Arnold YiiLr E .... tatt~. JIB 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oxa. 111, X1H

A~phalt llt;d. dtfraudin!.!" Stat1. HR !;):_!....

.. . .. ... . .. .. .. .. . . .. .. .. .. . ... .

!HiO

Atlwn~. Anwntl Bd. of Edwation Ad. HB -1-1 X. .

. . . . . . . . . . . . . . . . . . . . . . . an-t-. :):~7. 50S

.Ath1n:-;. tomhint ("lt.\' and ~-ounty lwalth dPpt.. HB 701 . . . . . . . . . . . . . . . . . . . . . . . . . 'iHl. !15~. H7H

Atl.\Jn..;on Co .. ("l'fatt H. & H hoard. HB li:)-l..

....

li:!:!. !l:!li. !Hi!J, 1015-lti. 1000

AtJ.i.in:->orr Co .. l"l'fll'al R & H. hoard. HB 0:'1a...

. . . . . . . . noa. 0:!:!. H:!fi. !lliH. 1014-15. lOBO

Atlanta. anwnd drarttr. ~B Xti.

.............

. .170. -1--1-:( 47:1-77. 7!1-1. XX-l-X5

Atlanta. anund ~-harttr. H B lfta ............................................. :!:n. ~nn. :n-1

Atlanta. anund drartt>r. ~B 1a~.........

. . . . . . . . . . . . . . . . . . . . . . . :!Ha. :~ilH-tW, 4H:l

.Atl.IIJta. anund (harttr. ~B ltiO.............

. . . . . . . . . . . . . . . . . . . . . . . . . . . -l-10. 4-1-H. 477

-tna Atlanta. arwnd (hartt. ~B !Iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41;">. -171.

Atlanta. anll'nd t"!Jal"ttr. ~B :!0-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;>~:>. H77. 70:l

Atlanta. anund d1artt-r. HB :~X~! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~Hti. :JOO, :nn

Atlanta. anHJrd hart1r. HB :J."':i>.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~lin. aol, :nB

Atlanta. amend (hartPr, HB axil ............................................ :!HH. :Jtll, :nn

Atlanta. anwrrd tilartt-r. HB :JH7.

. .............................. :!liti. aol. :nn

Atlanta. anH'IHI til;llhr. HB :IHS.

. . . . . . . . . . . . . . . . . . . . . . . :!Hi. :HH. :l:!l. :H>7-HH

Atlanta. :trill' lid l'hartPI", HB :IXD.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!Hi. aot, a~~O

Atlanta. amPrHI thartPJ'. lta\P~ ol ah~PIIIP. HB -J.-la . . . . . . . . . . . . . . . . . . . . . . . . . . . . -lSI. 5XX. B~7

Atlanta. an:I'JH! 1hart"t". HB .)I Hi.

. ............ 75X. !J51. !JXl. l0-l4--l5, lOtiO

Atlanta. anlfJJd drarttr. HB li:!7.... . . . . . . . .

.. .. ... ... ... .. . .. .. .. .. .. ... . .. .

57:3

Atlanta. alllt'lld l"iLtJ"ttr. HIJ -;li;).......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !IGX. !IH:!. 10:28

Atlanta. anund P111~ion Ad. liB lli7. . . . . . . . . . . . . . . . . . . . . . .

. . . . . !lilX. !1!1:!. 10:!7

Atlanta. alllt'llcl politp JHn;-;1011. ~B J - ; : ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. 4-l-4. 515. 5:J~

Atlanta ('hanJIHr of ('olllllH'I'I'f'. than!:.:~ PXLi'lldl'd t o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

O:J

Atlanta. t"Jf:tk Hll-!"liw;ty Autlwrit;\'. HB O:!f> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5'i:J. 757

Atlanta. han~ of ah:->t'lltt for polit(. HB -l-l~......... . . . . . . . . . . . . . . . . . . . . . . :)17, fiti~. 5Hl

Atlanta. outd'""' '"'"''''ll'""'' HB :!sa. . . . . . . . . . . . . . .

. .......... :2tW. :wo. :nm

Atlanta. poliq lHrr .... ion:--. HB :!:~-1...

. . . . . . . . . . . . . . . . . ............ 50!1, tH!J. ()41)

Attapuku:--. anund ad in1orporatin!.!". HB J;):l...........

. .................... 110, 1-l-5

AttonJtyGtturai. anHru1 I'Od<'. HB :!71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

tiXO

Audit. form~ nquind of oJtnty offitpr~- SB H!) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1a1. 1-14. :.!1-1
Alll-!"llsta. anwnd d~artl-r. HB aan ......................................... :!tH. ~Xt;, :.!Dl-DZ

.Aug-u:--ta. anund ~-hartPr. HB :{a7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~li:), :!XO, ~!J~
.Au~u:--ta. amtnd l"i \"il :--f'nh(. HB a:~~ . ...................................... :!li:), :!XO, :!!)~
Aw..:usta. anwnd ,.niJ ~~ni~~. HB 711 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HX-l. 70:i, 7:30

Auto Ta::. (omnHrrding- PPath" ta!.!".

................. .......................

1000

Auto ~rag-. fXf{'ll~ion of tinH'. ~H. :!O-I.iXA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1, 1:!5

Auto Tag-..;, l"l'!'ipni(al a).!Tt'l'lllt'IIt drattp(~- HR lli:!. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .

!HW

Auto T;I!.:"~. r(Jpr,wity ,.,.JHal,d. SB til.

. ....................... no. :!:I:L :l7X. nso

Auto Tag:--. J"(quin punha~t' !)('fore Januar.y 1st, Sll 1!1 . . . . . . . . . . . . . . . . . . . . . . . . . 1:):.!, :!:.3:3, :.379

B

Rainhridg-P. zonin~: law. HB ani.

. ............. _...................... :!li;). ~lOO, 318

Hall Grourrd. amtJHl Ad irworporatinl-!". HB ~-la . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -t-O. 178, lOS

Banldn~ Law. anwrHhtl. HB : 1 0 ' ! . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . li~l. 701. 1017

llanl\.s. hrani'IH~ authoriztd. ~B 1!1:!.

. ........................ 50H. 700. O:!:l-2-1

B;Hil:.::--. ho\\ in(tHporattll. ~B :!:~n..

. ................................ H!J-l, 77:l, 7Hl

Bani:.:~ Co .. :tllll'lld H. & H. Ad. ~B ~O!t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ti'!:J. t>'ii. 70a, n:n

Bani-\~ <'o .. Hoard of ('omnll~:-oionPI"~. HB :l~!O . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . ~li-l. :.!nn-:wo. :llt)

Harht~ & Hairdrt=--=--t'l':--. n::ulatPtl. llll :!an . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !155. !1!10. 1077

BanH~\ill1. anJtnd ~hartf'r. HB -1-:!-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :lfi-1. -l:!a. 454-55

Barrow ('o .. -! ttrms ~UJHrior Cumt. HB ~a:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5HH. HlH, U-!6

Barrow Cu., rqHal l'ommissioncr:-;, Hll ;.!Uf . . . . . . . 1-~7. UlU, ti5:!, 70li-:37, 744, U~-1. UUU-70, 989

1110

INDEX

BaxlPy, amend Phartrr. HB 4~!0 ....... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :JOii. -l2:J. 455

Baxley. anwnd <hartpr. HH H5U ................... :175. H~~- U--U}

an:!. BPn

HiU

Co ..

(ommi:.:~iOIIPI'~.

HB

.... =~-t:J

0

~U5

Bibb Co. Cornmi:..:~iUIU'I'. additional llOW"1'~. HB 1 fd . . . . . . . . . . 1 HR. -lH~. :):!li. :)~~ 7. 5-lli

Bibb Co., ('tHt!-OoJitlatf' Tax Rt<. & Col .. HH :Jil . . . . . . . . . . . . . . . . . . . . . . . . . . XI. lHa. ~!Uil-11. ~:!-!

Bibb Co .. ~ix tl'rm~ of RliJWI'im ("outt. HB 1 OH, ... , . . . . . . . . 1711-7';. :~Oil. :,!:{-1:

Birth CPrtifitat<"s. ~tat" Boattl of HPalth tu huni)o;h, ~B 115 . . . . . . . . . . . . . . . . . . . . . . . ~5H. :!H~

BlaisviliP. tww ehmtt:r. HB 'i:!:J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70~. H5~. U7!t-~O. 105!J
Bo~mt. amf'nd (hart1a. HB 45U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aun. -l~:J. 45U

Bo\\'tiPn. authorizing urllinant'f'~. HB H7H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . noa. ti7H. 7:!7

Bowdon. amf-'rHf thart>1'. HB U-1:.! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :17-l. 0:.!~. 0-lO

B:ullPY. ~PIIator CoopPI'. awmdtd Joumtl J>l'intiu~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U75-7H

Bratii>Y. s;lHUator CoOJ)P.I'. rt><'O\"ei'Y fom iiJua~~-....................................

lO-tH

Bautllry, SPnatm Con)lt>l'. l"P~olutinn on ilhtPs.:-t.....................................

tiXS

Brt3 1l1f'Il, anwr1tl th.:uti't'. Hll H:.!l . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i'H !J. !SH:l. H-lK

Brittain. Dr. M. L. :uldrf'~~P!-i ~('IWtP .... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . .

1 :)0

Brooltf; Co.. t'>dtu~ huntl of ~hPriff. HB ~-1-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :.!<H-. :!mi. ana

lluwn. ConJrl'<'l"smnn Paul. C'ummuni<ntion . . . . . . . . . . . . . . . . . . . 0 0

:n~:l

Daunl-'wi,lt. anwnd <hartpr. HB 1:.!7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-. llX. 1:~0

]3r'UII~wkl,, tltfinP hmhm linritl"l, HB 7iH . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . Rl4, !J:l:L H7l'V7H
Bl'lllblWi<l( Judidal Cil'cuit. ('Oill})Pil:-iation J'('f)OI'ttl', HB ao:~ . . . . . . . . . . . . . 0 570. li l !)-~!0. H-\0-:lO

Bryn.n Co.. R & R hoard <'I'Patrd. HB n:UL ......................... :)7.-J-. 5HU. ei:!:H

Bryan Cn., R & R ho:ud ('J'<atrd. HB H-l.,l . . . . . . . . . . . o 57;}, 5SU, U~M

BJyan eo .. !"Y~tf'm o( ('()-OI'dinatPs. HH n;:~ . . . . . . . . . . . . . . . . . . . . . 0- - 57a. H~l. 4HS B1yan Co .. zunin~ law. HB 574 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ilia. i>~H. H:!R

Budg<t Conti'OI hy Gol'r<nm. HB I . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !1:!. I :!ll, Hll

Bufmd. antPIHI ('hal'tPI'. HB -t-l-U ........... - . . . . . . . . . . . . . . . aH:)-tHi. -l:.!a. ..J:5(i

BuiiPtin Boaad. r"t"s:;.uJutinn . . . . . . . . . prhilr~Pd

0

:11-:-12

Bulhwh Co.. firl Jli'Otf'(tion tax. SB !!I U................................. li7H. 700. 75-1, USS

BnJhwh Co .. !-\Pat~ in Gt>nl. A~:"t'lllhb. HB :lH~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70S. ~HG, n:~a

ro., Bullo<h

RPnatolia.l

Plf>ctforr

. . . . . . . . . . . . . I'Psult~

0 0 0 0 0 0

BmiaJ ln!o'tll'nncP. to rr~ulatP !o'<H"iPtli!-l. ~B S5 . . . . . . . . 0

7
1 'i'(J

Btuial Plac'('J.; DPs(cratPcl. dPath JWIHtlty, SB :!!J . . . . . . . . . . . . . 0 a:~o S7. l an-:~'i'. :!-l-l. ~51

Bmltf' Co . anwml R & R A<t. HB -J.~M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :IH;l, -l:!!i. 455

Btn'kf' Co., ~<natnrial <lp(tioll n~nlt~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Butt~ Co., <'I'PatP R & R boal'd, HB 1!17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100, ~4H, :.!7;1, :~~U. :10-l

Butt~
Butt

Co . Co ..

tI''PPcJhW~wtlP

~hf'liff~ hontl. R & R hmll'll,

HB HB

1 H-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1HK 1!10 . . . . . . . . . . . . . . . . . . . l HH. :!4!1. :!7-l.

~)R~i~:

27-l :10-1

Byron, nE>'II' '~""'t"' HB 1!1!1 ........................ l :1:!. 15R, 179

c

Cadast1nl f;u!'I'PJ". in JWKalh Co .. HB :J5:!. . . . . . . . . . . . . . . . . . . . . . IJRl. R:!:!. 10:!1, 1!1:!!1-:1(1, 110-l

Cahu. amPml dtart~r. HB :105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!Un. :100, :nR

Cairo, anwnd <"hal'trr a~ to YotPr~. HB -lXO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -\W~. ilB:!. 5!11
Cairo. zoning- ancl planning law~. HB ~at .................................... l -lH. 17X, 107

Camak. anwnd Act~ incmtunatinl!'. HB !1-l ................ 11 i. 145, I ti-l

CamdPn County. R & R hoaad f'rP:ttl"d, HB -tnn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aH.J-. 401, -1::!6
Canulpn Cuu nty. R,_J~ & RP\'. hoard l"f"pC'aiPd. H n :um ....... - ...... - ............ :~U-l. .j.() 1. .... !!() Camilla. zoninl!' ;.r,nd J)lnnnin~ lnw. HD 4-07 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hn. i'Hf). nan

Camp, Lirrdlp~ \\'., appr'f'(iation of !-lf'I'Vic(s........................................

lOHii

Camp, LirulJpy \V.. tnmnundPd as Srrrrtar~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:!4-6

Cantun. anwnd h:ut~r. HB .J.!J:J ................ 0 :um. -J;!:l. 4~15-50

Canton. amPml (h.:utpr, ~B 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-J.. Hili. 1':!1. ~lfi

Canton. amtJul <"lwrtPr'. SB H~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175. ~aa. ~OfJ, 481

o.................................. Cn.nton, llf'W <"'h:utrr. SB 100 ........................................ :!~!5. :..!!I H. :u-:1:. -t-Hl

Ca.roll Co .. f'ommit.:.l"ionPr's hnnd. HB 705 . . . . .

761

CmrnJI Co .. HnstJitnl & HPalth Bn:ud. HB -lON . . . . . . . . . . . . . . . . 0 0 0 5il. :1R9, u~n

Cmroll. Thomns H.. l'f'Rnlution on drath of ....... 0 0 0

379

Ca1't'ol1ton, Cit~ Court. HB 70K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05!1. !1!1:!. 10'..!7

Catoosa, I'Pimhmsp Coates Pa~f'. HR 7B-l-lfiA . . . . . . . . . . . . . . . . 050, nna, 10-Hl-47. 1 0-lS~-lH. 110-1

ChaaJtun Cu . amf'nd R & R boar-d. HH H:!~ . . . . . . . . . o HO:!. 775, Xl7
nao Chatham Cu .. -l t1rms Supprinr Cnnl't. HB -lU5 57!!. o fl~O. Chatham Co.. twnl"inn emplo~'f'f'F. HB :n a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~fi:L -J.U:!. 5~-l

Chnttuua f'ily Colll't. HH 4:!-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . , , -l:!i'>. ~7,;, liOl

ChattalwwhPt' f'o .. ~hpl'iff'!o!o ho11d l'f'ducpcl. HB 7:.! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . na. lOU, 1:.!5

ChPI'Oli:P{' Cn .. Bd. ur Ed'lu:-ttion. $H J)('t' tlif'm ror lllf'lllhN~. SB 81 . . . . . . . . . . . . . . . 1 7il. ~!BU. 'i'U:l

Cht>I'OkPf' Co .. zoninJr Jaw. HB 570. ti:!O, fi-l7 a~5.

0



0

-



Chief D1ug IOf:JlPtm. hn\'-' apJJnint('(l. RB 1 ~X .................. , . . . . . . . . . . , . .

~!S:l

Chipf JliKticp Emritll. I'P]Wal A<"t. ~B 1 f>l!. . , , ... , , , . . . . . . . . . . . . . . . . , , ... : . . , , . .

:!!IS

Child-birth. can of dr~titutP wonlf'll. SB ~~.llj . . . . . . . . . . . . . . , , , ... , . . .

fl~-:4:

Chip1t"Y. antPIUI Act f'~tab1ishin~. HB 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:J:!. 29!l, ~15

Chii'OJH'at"tito l'f'J)f'a1 A~t. HB 201 . . . . . . . . . . . 7:l:l. 7S5. 7UO. 95-l-55. lOUS-0!1, Hl5ti. I ntW. 1tltit

ChurchPs & CamJ>~roundr-;. am(ntl At itwmporatimr. HH HU:! . . . . . . . . . . . . . . . . . . . 57:1. fi21, 6-t8

C1ar1i. Srnutor ,J. H., I'P~oltiJ;ion on illnP~~ of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

ChultC' Co .. toity ('OIIJ't. HB 7:)-f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . , , . . . . . OfiS. !IU2, lO~H

Clayton Co., <'!'PatP lit & R bomd. HB :100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!Of>, :Ifill, :!R!l

Clayton Co., create Tax Commisioner, HB :122 ................................ :!IH. 516, 538

INDEX

1111

Clayton Co .. R & R A~t anwn<l~cl. HB 7:15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7B~. fl5:l, !JSO

CIPmons. S. C .. rplif'\'Pd on bond. HR ~D-107F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400. 424. 457

(']prh:s Ruper'hH' C'ourt. additional dutiP~. SB a::! .. - . . . . . . . . . . . . . . . . . . . . . . . . . ;{4. 157. 21:~. 878

Chrl;;s Supprior Court, <hang-p bond. SB 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::!45. :ZHO. :340. 1059

Clcrks SUpf'rim Court, offi<ial hontl. HB GH:J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75H. 051. fl7f>-77

Clf'\'f'l<IIld. <rf'atP <ity <otnt. SB lSI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-H'i, (HR H44

Clin<'h f'o .. nmf'tHl cotmty <omt. HB 7-l-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70:3, 95a. 1004

CJineh Co .. nnwnd R & R A<'t. HB 'i:!H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

702

Clin<h Co .. amf'!Hl R & R Att. HB 'ian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7G3

CJin('h Co., amP IHI R & R Ad. SB ~:.!:.! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67H, 701, 754

Cli1wh Co .. Bd. of Ednl'ation quartPrly rP])ort:-:. HB 7a7............................

762

Clin<'h Co .. rtJ.ntlatf' dPt>r ~Pa:-;on. HB 7.f0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~na. 95:l. 1004

Coffpp County, flll'ni~l1Pd Law hooh:s. RR -1-1-1-1-lB . . . . . . . . . . . . . . . . . . . . . . . . . !1411. aH5. 405. 7B3

Coh:pr. Spnator Grady. nsolution of thanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:l82

Colpman. Roht .. (omppnsat.f'd. HR !l:.!-Ja7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7fia. n54, 105:i-5-1

Colquitt. anwnd Att in(OJ'pmatin.!!'. .SB 70 .... 1:n. 1 '77, l[H, -tan. 4R:J-R-1. ()07, 00~. HH:-i-Ht';, fi7tl

Colquitt Co .. (ity <omt amPIHIPd. HB 70a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7ril. 052. !179

Columhia Co .. anwnd R & R Ad. HB :)li:i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (>02. 0-l:l. 670-80

C'olumhn:-:. anwnd (hartf'l', zoning- law~. SB 1!17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55-1. G11
Cohtmhu:-:. anwnd ('hartf'J', HB ~on ....................................... HI:!. :2:1-1. 275-76

C'olumhn:-;. (omhinp <ity & <'Ollllt:\' lwalth dP})t:-< .. HB 05R . . . . . . . . . . . . . . . . . . . . . . . GR:2, 77fi. R18

Columhu:-o. ])('ll~ion '1l1PlO.\'f'f'S, HB ti:io . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57-1. 0:.!1. fi51
C'olttmhus. to ('J'('(t ]l<l!'SPIH.J('J' :-:tation. HB n:n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57-1. 6:21, 051

Columhu:-o. to maintain pa!-0:-:Pni!'Pr station, HB na:z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57-1. H:.!l. fi52

Columbu:-;, to sf' II ho:-;pital. HB H:.!U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574. B:21, 651

Commf'l'('(', <UllPIHl (hartPI', HB 4-a.; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;~n:'l. :'ll n. 5:-!8

Commis~ionPJ' of AgTkulttlt'f', to ad as Vf'tf'rinarian, SB -1:2 . . . . . . . . . . . . . . . . . . . . . 14!l, lfHl. :358

xn. C<unmil"~ioner of Laho1. appt. h.Y GoY .. SB f)(), . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100

Comllli!-'sionf'r of Labor. -1- Yl'. tPJ'nl, HB a!lli . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !)5(). nn1. 105-1-55

Commi:-;sioiiPI'!-= & <'if>l'li::-;. ~a J'P\'i:-;p hll'Y list, HB :.!5:! . . . . . . . . . . . . . . . . . . . . . . . . . . H50. 9!H, 1055

CommittPf's. to Yisit institutions. HR 14. ' ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7:-i4

ComptroliPr-GPnl.. fix :-o:tlan-' of. SB 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ao. 57. !16, 148

f'onfPdPratf' PPnsion:-.. ~] fl() clf>ath hf'nPfit. sn 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . :JR-1-. 422. 590

Con:-;PJ'\'ation DPpt .. wild Jifp JH'ojpct:.::. HB :2:J7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 057. 701, 1001

f'onsf'l'\'ation. Joint f'ommittf'f' to stud,\. SR O'i'-2:.!0................................

702

Con~f'l'\'ation. Joint f'ommittPP to stUd,\. SR nx-:z:zx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SfHl, 1059

Con:o;PI'\ation. natural I'P~ourc<~:.::. Tax. HB HUH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !)57, fHll. 1 05~

Conting-pnt EndowmPnt~. forhiddPn. SB 1-10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a-18, 409

('ontimtall<'P~ in ('()lll't. alllP!Hif'<l. SB ~:!a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

no a

Cool{ Tax CommissionPr. ],ay in<'rf'asPd. HB :i:JO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

758

CordPIP. anwJHl chartPr', HB 1-lX......

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 fl. 145, 167

ConntiPs. ::\Iunir-ipaliti<'~. lpmJ ('J'Ptlit to statP. HB 01 :i . . . . . . . . . . . . . . . . . . . . . . . . . . 7na. H22. 971

County Bo;ud:-; of Echwation. fix compPnsation. SB 1-10 . . . . . . :JR-l. 5:15. 500. ~J!Hl-600. 004. 662-63

County Board of HPalth A<'t. nmPtHlE'<l. HB 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5fi!J. 019, fl45

County Supt. of S<hools. clprical hf'lp. SB :!OX . . . . . . . . . . . . . . . . . . . . . . . . . . W!2. 700. 7nl. 105!)

('odn~:ton. anwnd ch:u't<'J'. SB :!07 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5H5. ()] R. fl-15. !l:12

Codng-ton. commission fo1m of Go\t.. SB 201> . . . . . . . . . . . . . . . . . . . . . . . . . . . 5H~l. ()1 H. fi-!5. 9:l2

f'ow(>ta Co .. pro\idf' sunpym SliJ)J)liP~. HB 1 ~1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 fiR. 1H4-, 212

C'owPta Co .. salary <lpl'lt in liPll of fPP!I;. HB -1/:J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57:2. G~O. fi-18

Craw fmtl Co .. goa:-; PXP<'Ill"P of slwriff, HB ii7:2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

759

Crawford Co .. rPdtt<'f' ,..;lwriff'~ bond, SB 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256, :1Bf), 314, 675

D

Dairy, <kfi1wd. SB ~0:2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585, 676, 908-09

Dalton. anwnd l'});:utpr, HB 71..................................................

192

Dalton. amPIHI hal't~ HB nli:J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

573

Dalton l'ity ('oul't. to c~at~. HB 4Hii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

450

DariPn. nmf'JHI chartPJ', HB 5~H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518, iiG-3, 595

DariPn. anwnd City Court. HB :iHn .......................................... ()02. 678, 727
Daripn, to (los(' :-;trPPts. HB non. ' .......................................... 51!1, 56a. 5fl5

Dawson Co .. court J'cports \o C']pr)c HR 5:J-:.!H7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575. 622. 653

Dpcatlu. anwnd l'hartf'r. HB ltW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :iO~. :w;o, 3RR

DP..atlll', am~ HI <hal'tf'l'. HB lil7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fi~5. 702, 755

De<"atur. a.nwnd zoning- law. HB Hl H......................................... 002. 702. 755
Df'Pd..; to ~('('\II'(' DPhb. limit tinw. HB 24H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 055, mn. 1070, 1104

Dd{alb Co .. aholh:h Tax RPI'. & Col.. HB -ltn......... . . . . . . . . . . . . . . . . . . . . . . . . . . .

493

DPRalb Co .. County Trca~mpr, HB 7:!H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7U2. 823, 004

Dc>Kalh Co .. fix datP primar~- f'lf'ction:-;, HB fi:l1 . . . . . . . . . . . . . . . . . . . . . . . . 4:l1. 402. 5~n. 752-5:-J

Df'l{alb f'o .. Tax RP(', & Col. tPrm fixf'<l. SB 1:!1 . . . . . . . . . . . . . . . . . . . . . . . . . . 250, :!nn. :J70. 70~i

DC'Kalh Co.. tra ffi( rpg-ulation~. HB :{:i:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . {}81, 951, 976

DPntal Sttulf'nt;;;. draft dPff'ITf'<l. ~R :lH-:!10A...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

623

DPS<>to Trail. J'<)<l<l II<tr!lf'tl, SR :iti-l:{lA...........................................

203

D'Soto Trail. to df'sig-natP. HR fi7-:Hl/D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rl-1. FW6. 1020

Difff'P. J'PJlPal Ad in<orpoJating-, HB l:i-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11fi, 145, 167
Distribution in Kind, of f'StatPS, HB as ...................................... 2:n. :i60, 600

DiYOl'Ce Ca~Ps. fpf's to clpJ'k and ~lwl'iff. HB 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 205. 270

Dobbs, NathaniPl Bryan. resolution on dt?ath of ............... , .. , ................... 926-27

1112

INDEX

"Doftot" to nrohihit H~f" of with n:1mf". ~n 11fl . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2;)fi_ '~!l!l. !l0'7-flf;

Dodg>f f'o .. amPntl R & R Bo:11cl Ad. HB :HI~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '!ti7. ao1. a~~O

Dodgf" ('n .. nficial urg-an. HB fiHi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'i':i!l. 1 UH:!. 1 H:!5

no.. run. anwrul Ad P!ottahli~hiug, HR 74!1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~1-l. !l:i:L HiX

Dumf"sti( & Donw!-iti:ttP<I f'or)L. Tax. ~anw. HB 5!1~! . . . . . . . . . . . . . . . . . . . . . . . . . fi;)t( 'iO~!. XX~!

Donal~omill(', :mwnd Ad irwoJpmatilll!. HB l-\0...

... . ... .. .. ..

.I IIi. ILl. I Iii

Duoly ('u,. anwud R & R A<t. Hfi 42:) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :Uii"'l, 7f"-l. XI H

Dm-~C'Y. ~(nator. n~olutiun n11 illnP~:-o of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

U5

Domrhfrt~- t'J''atP R & R hoard. HB 5:!-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --~~~:"i. 45fl. -17H

Dou~1a~. anwnd thattc!'. HB HH!L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :l 1~- ;):~-;. iiHH

Dou"l"" anurul dwrtcr. HB Iill~.......

. . . . . . . . . , ...... , . . . . . . . . . . . :il !1. :i:!7. f>liH

Dou~la~\"iJI- am(>nd Att irwmpmatin~. HB till . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fi;)S, -;n!. 7:)-J-

Dnu~la.:-oviJIP. liP\\' h<tt't(J". HH til n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fi5X. 70;!. 75ii-5H

nrint~ LitPn~P:-<. family. SB 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~S. ol5. tj5_ Wi. !Ht. lO'i

Duhlin. :tllll'lld thart(!', H B :n H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ao:~

J)uhlin anwlitl llt'W <-hal'tl't'. HB IHIO . . . . . __ . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . w~:>. -:-n:~. 7:>H

Duhlin, anund thartPI'. HB 71 H...................................... BH-l. 'i'U-l. :-;!CJ. Ua:!

])uhlin Cit;\ Court. to:o~t:-;, firw,_., HB a-1-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!fi:l. filii. !i:JH

Duhlin. tH'W <ohat'tPr. HB fiHH ...... o o ............ o ...... o .................. li'!i'i. ioa. 7iilJ

Duluth. anH"nd chal"tl'l', Hll .:;Hlo ... o. o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fil H. R!l;l, !1:1:1-!H. 10UO

E

E:uly Co .. tharn:t' tinw ~11JH'J'im C'ourt. HB na'i . . . . . . f1S!. o o 70-l-. ifiii

J=:ast Ellijay. to iruoi'JHH"Ulf. ~Jl 1 Hfl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5UR 5U'!, fi!H. H!tl

Eo1stPl'll Tim( Bill. HB -IIi . . . . . . . . . . . . . . . . . o o 7!~~!. i'i:J. HtW-H7

Ea:-otmnn. :mwnd City Court. Hn 71B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 li!-li-1, '70:-J, 756

East Point. <lllll'lld ,-hnrtrr. ~B :~l I ................ o.............................

0-J.:t

J:atunton. anHIId (hartf'l'. HB -tr):-) ........................ ann.. t)lH. 5-1-f)..JH. ~!H. 1or)s. 1 usa
Eatonton. anu-ncl :-;thool Jaw. HB 1 :~a ........................................ -1-UU, o:r;. \0:7

Edward:-o. ~fH:Itm. tht'f'at on lift" uf. SR :J:!-1URA .. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

249

ElhPI't f'n .. fPf':o; in tliY<H'(t ,-a..:p:-;, Hn iZlH. . . . . . . . . . . . . . .

. .. Hi> X. w1~- 1 '''!~ -:.

Elhirt ('o .. puhli~h :-;dwol rPport. HB ;);)7 .. o . . . . . o . . . . . . . . . . . . . . . . o. 001. 70~. 754

. Jo:Jhptton. anu-nd :wt in(H"Jturat.iw:. HB U-1-:l . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . _.),_,_ n;!. H-1:1

EJhprton. amPIHI <ohartpr. liB nna ....................................... uxa. 'i'7B. ~1 s. u=~~!

Ehction (untfJ-Ot,... r(,omrt. SB H7 _. . . . . . . . . . . . . . . . . . . . . . . ~u-t-. :?:Ja. ..J;!:~-:u;, -tax.n-~. n;-:J

B!Pctioll!-1.

:tlllf'IHI

Codf'

SP''

:J-1--l:UJ!.

HB

;)j'O, . . . . . . . . . ~!Ha

o ,

Bl!l. li-l-7

F..IP<'tlorH-. dwng-ing- h0111'~ u[ polli"-. HB -1-7 . . . . . . . . . . . . . . . . . . . . . . . . . ao~!. -\:! 0!, :,nu

J.:llijay. amcnd Ad iluorJmt:ttin&r. ~H 1HJ . . . . . . . . . . . . . . . . . . . . . . __ .. 50R 51i'!. !i!ll. ;u:c

sn Ellis Hf"alth L:.w. how O)U"I"ath"(>,

111 . . . :!UK 1()Xt) -~-1-;}, 0

-~-sa.

Rn!!"t"<t:o::-:in~r ('onunitt<<. nHmh('~':-: atldPd . . . . . . . o . . . . . . . . . . . . . . . o . . . o o o .. o . . . . . . . . .

lOi:l

Ermi:-:. J. H. anti )lmion. tommtllliation ............. 0.. . . . . . . . . . . . . . . . . . . . . . . . .

l-1-0

Jo:ntumolo~y Al't, amtlldPtL ~H 7:1 . . . . . . . . . . . . . . 0 1:CK ~!fiS. :C7K -1-:Cl. 4-la. -IU;!. !it)) -IH

an .......... Equalization Fmul. di:.;trihution. ~B 1

!?!I'!. -t-1-S 0

Et~n.alizatiou Fund. to l'f'~lll:tt<. ~B 5!J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~H. -101. 4:H. 7!10

Equalization Fund. 11~1' of limitPd. !'B r11. . . . . . .

. . . . . . . . . . . . . . . . . . HO. ~:~

Error~ of Law. ~impl(r mcthod to cm'I'Nt. HR !Ull . . . . . . ";:C:~. 7S:i. ~:~:C. 1012. 1020. 102~. 1055

Exr-tUtiun Dmolut. clf'l'lt~ to kPPIJ. HB ~H . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . !J5i>, U!JO. 1 0!!5

F

as. Fairhurn. anwrul <hart,r. HR :!1 'i . . . . 1 :C2. o 0 1

l7H. ~~-1-

Farm Prmhwt,_., unlawful to hu~- withuut Jta.ying- for. J-IB HS . . . . . . . . . . . . . . . . . . . _-1-:00: I. aa-;-. H'i'l

Filhwiaroi<~- hJ.wl in\'<':-;tnu-nt~. ~B tn~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;)lH. (l7'i. -;no

1~"'i(Itl.

Hl'th:ootl.

J'llitf

01\

holld.

HR

a-1-1 ai'C . . . . 4 0 1 , 4 5 7 0 0 0 0 0 0 0 0

4~-l.

J.'~Phl.

\\'altPr.

Jr ..

rt-lilf

un

bon~l; ...HR

. . . . . . . -t-01. !J!i~l:C'7D

0

-t:!-1- .

.J!i7

Hh FJJ(work~. ~al1 rp:,.:-ulatPd.

h;:,, . . . . . H;l";". 1 0:!5- 0

Fbhirur & Huntin:.:- Li''t'll:O:P!'. ~ah hy cu-clinary. HB 1:)5 . . . . . . . . . . . . . . . . . . . . . . XI~. na-1-. 101H

ons Fi ...hitJI:". Jic('n~P non-rP~idPnt :-:oldif't~. HR 1 n7 . . . . . . . . nno. 0 0 0 1

fi(,7." s,,!-o:t FFib~hhiilln"~":

lliiclPPIIII~~PP

t1o101I1I-Oli"lf'l~'i(t~kindt.llHt ll~loPlidlitPlt.',_g.j1

SR ljj'.'~':-1 l SX .. ,_.. :.

~

~

~::::::

~:

:

:::::::::

t;'j'li. .

OHH 11 0!-J

Fishimr rpg-ulahd. fi!-l;h dtfiru>d. HB 4-1-X . . . . . . . . . o UK I. l:l1-. u;o_ 101 R

Fitz::rpJald. an1<'nd A't in((H"JHH'<~tin!!". HB :!:H) . . . . . . . . . . . . . . . o . . . . , .. 0 , 1111. l'i'X. lH7 FlPmin~ton. to ith'OJ'IIotntP. HB llil . . . . . . . . . . , . . . , .. , . . . , .. 0 X:~. 177. 1!10-!l'i, ;!:!-1: Flisdt. )Ji~~ Julia. r-to~o1utiun on thath of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S!Jl-U!

F(uul & D1u:r Arot. uniform law. ~B UU . . . . . . . . . . . . 0 o ... 0

210

Fmpf'!uJ-Otti'P :--:.alf:-:. 1onfirmation uf. ~H 5-J. . . . . . . . . . . . . . . . . . . . . , . 0

RO

Fm-rP~t Parle anwnd Ad intnnwratin~. HB 1 :JZ) .. , , .... 115. 1-lo), 1110-07

gn ax-1. For~;\th. amPnd Act intOJ')Hiratinl:. HB -l~J . . . . . . . . . . . . . . . . . . 0 -1~:!. !llO. !l!tH

Fat<rnal Hfonf'rit :--:.miPt;\. r-<":rHiatPd.

1-1-tC . . . . . . . . . . 0

450. H.iiU~Ul. 1U:!:J

:n. Fulton Co .. ahnli~h Tax RP<. & C'ol.. ~B ~!O . . . . . . . . . 0 0 0

X7. 1 18

Fultnu ('u .. antPild Bud:rct Law. HB 17:J . . . . . . . . . . . . . . 0 , , 1 OK 'j"i:L X1a-1 fi, HHO
Fulton Co .. <lllH'IHI polif'l' Jlf'll~ioll }a\\', ~B 1~!1 . . . . . . . . . . . . . . . . . . . . . . . . . . ' ,;)07. til X. OlL nat

Fultun Cu .. dwtttl mmtJ:a!!P!'t phuto~raphttL ~B 1 H:! . . . . . . . . . . . . . . . . ~ J 1. -lIH. -t7S. 'i'U!l

Fultnn f'o .. ~-i\il :-opr,ifp sy~tPm, HH H:-o;:s . . . . . . , 0 0

Rt3

Fu1tun Cu .. nut (o:o:t!>O. :uh"atup d<'IH)l'o\it J'f'llllir~d. sn IH5 . . . . . . . . _ . . . . . . _ . . . . . . . -llol. -tHI. i'i!a

Pulton Co .. cJtat(' P11!'fha..:ing- f>l'pt .. HH lliH . . . . . . . 177. !~:Ja. :!70-i-J.. 'ifl-1-. ~01-0'!. !10!11~!. 0!10

Fulton Co .. duly cll'et~d oflicr" to <ollP<t taX<'" SB lll!J ..... , .... ,, ... ,., .HU, ,!i!l, 5:!:!-~3

INDEX

1113

Fulton Co., dutiPi-l Tax RPPi\'t'l'. HB fl!17 . . . . . . . . . . . . . . . . . . . . . . 7RO. R96. 936

Fulton f'o .. f'Jo-lahli:o:h PlanniiiJ:" ('ommi~~inn. HB 171 .. , . . . . . . . . . . . . . . . . . lOR. 103, 212

Fulton Co .. filt>\\'01'1{~ d1firwd. HB 7fiH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95R, ftH2. 1028

~o~ulton Co .. law Jillrar',\', HB :lr>-t- ................................... 7fiH. H51, n"i6

Fulton Co .. )tnhll'~ & J..rut:-orortl rpfund. HR :-\:!--1~5A . . . . . . . . . . . . . . . . . . . . . . . . . 575. N~a. 9:16

Fulton ('o .. oCfitvl'l" d()w~it t"UIJPI"tion~. ~B I fH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 fi. 4Ul, 52:1

Fnlton f'o .. JH'n:o:ion PtllploYPP:o:. HB 07-l . . . . . . . . . . . . . , .... , , . . . . . . . . . . . . . . . . . . 7UO, !Hl2, 977

Fulton Co .. JWil!->ion to .J. '\\'. Ball. ~r .. HB -l-l-1 .......................... 5i'l. H:.!O, 6-15

~.,ultnn ('nUHt> Plannimr C'nmmh,.;ion. !'B :!U ... ,, . . . . . . . . . . . . . . . . . . . . . . . . ,!l-l. H7. llH. 414
Fultuu ('o., polilt JIPH~iOil:-l :Ullt'IHIPtl. ~B lfi:'l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an~. ntn. 5:l7

Fulton C'o .. prohihit ~alP fir'P\\'ork:-:. HH :!0 . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . -1:0~. fi:!:l. 5~A

Fulton Co.. I'Pfall ,.ounty ,-ommh:-;.iurwrs. ~B !()5 . . . . . . . . . . . . . . . . . . . 585. 642. 67H. 10fl2

Fulton C'o .. tax PXC'f'lltiun ~;liP~ npl"ahd SH JHI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .J-10. -l4H. 477

Fulton f'o .. tax l'l'ttrrns & fOII!ftiOII)o:, ~B :!1 ~. , . . . . . . . . . , . . . . . . . . . . . . . . . . . . O:!:L 077. 70:3-0-1

Fulton ('o.. tinu of tHmt~ prim:uy. ~B lfiH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410. 515. 1061

Fulton f'n .. to JH'o\hlf hud:::-Pt. HB 17:! . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . 1t1R 77:-J. Rl-l-15

Fulton C'o.. to 11'!!Uiah :-;oliitation uf ,otp:-;, HR ~!1 .. , . . . . . . . . . . . . . . . . . . . . . . . . 170. IH:J, 206
Fulton C'o .. tr-:111:-'l"il' dutip;-; of R,g-i)o:trar-. SH :{0 . . . . . . . . . . . . . . . . a-!. H7. 11 H. llH, 550, 7HO-~:i

}i'muls })(Jm:-litpd iu <'our&.:-. tn rpg-ulatP, SB 1 o:J. . . . . . . . . . . . . . . . . . . .

410

G

Ga. F.du,ntion A~~uciatiun. cnmmunicatiun. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ROO

Ga. Rfal E:-;tat1 C'nmmi:.;:-oion. mcP!in:r~. ~n UH . . ~:!5. 0 0 4:!1. fiRO. 1059 Ga.~TPilll. Bounda1~. tu sunfy, SR 1!L . aH. 5S, ~1. lUl-O:l, 17:!. 1H-I-UB. -4-07, 4-:!B, 441--ta, ()tl7

Ga. Trainin~ ~choul for Girl:-;.,

nppruaH"iatioll. HB 1 li:i . . . . . . . . . . . o o Ufi'i. 701. HHfi-H'i'. n:n-:~~!. Hfi:!. 116R-Ofi, 973 GainP:o:\Jll,. anwnd (hartpr. HB ~li~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. , . . . . . . . l!l!!. 2a4. ~75

Gamin,!.:" Cnnt.1act:-:. H nwuth Jimitatinn, SB -l5 . . . . . . . . . . . . . . . . . . . . . . . . . . 79. :!XH. 3K9. 401

Gardpn

('it~.

tH

iwmJwratP.

HB

. . . . . . . . . . . . . . . . 51N. 50~

0

56!-J,

591

Gt>lH'I'al A:-o:o:Pmhl:-;. ~a :-ouh:-;i4PII('P. ~B 100 . . . . . . . . o. o .. o o ... o ..... o .. o2lfl. 2-Hlo ::J05. :l06

GeruraJ Elt>ctiun. rPturn~ <an\a~~f'tl . . . . . . . . . . . . . . . . . . . . . . . . 0 lG. 17

GPII('I'al Elt,otiun:->. to rPpPal uctd )'P;:n". ~B ~:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3!-J, 130, 149

Gfnlo:.ri'"al Sur\p~. :!ncl Dht .. SR fi7-1 !H;A . . . . . . . . . . . . . . . . . . . . . . . . . o o o . . . . . . . . . . . 55-4:, fiOl

GPoi'!!P. ~~nator \\'altf'l'. nr(Pptinl!" portrait. ~R fiH-:.!:?H.............................

744:

Gtnl'~l'. ~PIIator \\'altf'l'. communi,ntion . . . . . . . . . . . . . . . . . . . . 0 !UJU. 10Hfi-R7

Gla:-:cof'l{ C'n .. anund R & R At. HB ..J'i'U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:!5. 5~H. H27

Glawcwi{ ('o .. ntHal H & R amcnd .. HB ..J71 . . . . , . . . . , . . . 4:!5. 0 0 5SU, H!!7

Glynn ('ount~. amr>IHI R & R At. HB ..J-1-L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !lH-l. -t.J-U50. .J-78

Gordon. :.nwrul Att intorJwtatinc-. HB 51 R. . . . . . . . . . , .................... 4H:"!. 517. 540

Gmdun cn.. I'Pimhut~,. Tax Commh.;~ionrot. HR 4a-~aHA . . . . . . . . . . . . . . . . . . . . . . . . . 1 ii. 11H. :!1:1

Grand Jul'if':-o, fontitlllf'd in :-:~:-o~iofl. ~B 1 IHi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415. 5U2. fil

Gnuul Jur-iP:-t .tmplu~ C'. P. A .. HB ~1-l...........................................

758

Gralltf'(' IndPX. f'liminatf fU'I'~UIIal )H'O)WI"t)', Hn :!5 . . . . . . . . . . . . . . . . . . . . . . . . H55. nnn. 102-J.-!!5

GrPf'll\"illl'. n'pea1 f'it.v ('fllll"t. ~B :J~ . . . . . . . . . . . . . . . . . . . . . . . . . . 0 :u~. ~7. 110. 120. 2-1:4:

Gn~on:. ('. E .. l'f~otulution on fi!"ohiiHL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4a0-40

Gri rrin.
Griffin. Griffin. Griffin.

mtwnd dHutlt. HB . ... :um. :~a5

~!a:!. 0

anwnd ''hartl't'. HB a:Jn . . . . . . . . . . . . . . . . . . 2H!>, !lOO, o o

ai1H'Ild

1hartf'1'.

HB

:w'..! . . . . . . . . . . . . . . :.!H5. 5H). o 0 0

7~1-27.

('it~ (.'fllll't. suliitm':-~- tPI'Ill, HB aaa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!fH. ;!()(),

:u 7 :n8 7B4 :JI7

Gro:-;.,:. lns. Prpmium Tax. timf fm 11aynwnt. ~B ~R . . . . . . . . . . . . . . . . . . . . . . . . . lU:!. :!HIL !U~U-91

;);) ........... Group Ho~pitali1.ntion. nnwnd Af't. ~n

RO. o lOB, 150. ::1~:.!. 40R-09

Group Ho~pitalizaticm In:o:Ut'allf'P l'f'l!"lll:ttPtl. SR lUO ............. 5H-l-. fiU~. R04

Gwinnc:"tt Cu.. ~almy of tl'f'a:O:lll"<-1', HH 7-l:! . . . . . . . . . . . . . . . . . . . . . . . . . U57. UUl. 1026-27

H

Hahct~h:ml

f'o ..

f'it~

f'ourt

f'l'f'Htf'fl.

HB

. . . . . . . . . 11:), 11~

o o 0

14.~.

164

Hahc1~ham f'o .. -t- tPrms SUJHtiol" Cmut. HB -1-l!J . . . . . . . . . . . . . . . . . 0 571. 588, 626

Haral:-:on

Co ..

fix

trPa~tli'('J':-:

~alaty.

HB

. . . . . . . . . . . 60!3, H~!-l

0

101-l. 10::!5

Hardm:m. Dr. L. G .. nanw lwidg-p fm. HR 1 ~-l . . . . . . . . . . . . . . . . . . . . . . . . 0 0

7:3.4-

Hart Co .. f'0111JH'II~ation rpport!'l' :-:upr-tior Cowt. HB li70 . . . . . . . . . . . , . . . . Hla. U52. !l777S. lOHO

Hart eo .. to furni~h l:tw book~ to. ~R 511S5A. 508. o 537, 567

HPalth. County Bo:ud~ of, anwncl C<Uh, SB :!H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

Hf'al'd C'o .. f'l'l'iltP H. & R hoard. sn mH. !!;!7 . . . . . . . . . . . . . 0 0 0 77:3, 701-!12, !lR8

Hcarbill. Dr. \\'. A .. dPploriw:r dPath o f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5:J2

Hthna. anwnd Att iJWUI'JtOI'atin~. sn HH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415. 475. 403. ()()7

llt-my f'u .. :mwnd Tax Com. Act. HB .J.'i'U . . . . . . :H~5. 0 0 0 0 51 H. 5:3fi

Hclll'.\' Co .. ('it:- Court alllf'IHltcL HB -l07 . . . . . . . . . -!00, o 517. 5:-Jf)

na. Jipnr~ f'mrnty ('uurt. aholi:-:lwcl. HB 7U . . . . . . . . . . . . . . . . . . . . . . . . . 0

1-l-l, 164

ua. Jipm~ ("uunt~ ('otut.. to Pl"tahlil-l.h. HB 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144. lfi4

HPt't,\' Foundation. PXIWI'inwntal worh:. HR 1 fi-! . . . . . . , . . . . . 0 , 0 , . . Hcrty l'~ouaul:rtion. natl. tfp[pnSf' PXI\PI'inwnt~. SR HU:.!:.!R. . . . . . . . . . .

071 R!ll

Hidtwny C'ommi:-::..:.ion. alluw otmtitl-l. to hid. SH :!U . . . . . . . . . . . . . . . . . . . . . :14, 106. t:l7

Hb:h\\':t,\'

C'ummi:..:.:..:.ion.

tl<l\'f'

m:u);;ct

T'OH<):-l,

SB

. . . . . . . . . . . ~!i

0 0 0

a4

Hi!..dtWa;\' ('unllni:-o)o:ion. to nquiJp :!fi ft. Jla\imr. SB 1 ! 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

Hi!!'hwa~ 1 fi pand. ~H. -t'i'-15!~ . . . . . . . . . . . . . . . . . . . o 0 !lOS, 449 Highway llliltag<, lllad'"Jwnr, HB 45:1 ................................ 572, 620, 650

1114

INDEX

Highway l>Ii!Mgo. Bln<l<hoar to Tl'lHiio. HB 446 ........................... 571. 020. fl474R

Hif.rhway )fiJpagP. CandlPI' & ~''l'f'\"Nl Co., HB 55H ......... 75:-t. ~:.!4. HU7!J8

Hhrhwa.y 1\liha~c-. Catuo~a & 'ValkPr Cn .. HB :lfi4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571. ti:~o. fH7

Hig-hway :\filPa.I!P. Chatham f'o .. Rn 507 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :)7~. fi:?U-~1. lifiO

Highway lllihag<'. Chatham Cn .. Hll 711:1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !l;)H. !J!l:!. 102R

Hhrhway l\lihngp, Cia~ Co .. HB !!U:i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5UH. til!J. fHti

Highway :IIiJpago. Cnff<'P l'o .. HB R!J ................................ 2R7. ;u;o. :IR7-HR

Hhrhwa~ ~tilf'H.I!'P. Cuffpp & Atkinson Co .. HB UO . . . . . . . . . , . . . . . , . . . . . . . , . . . . , , . fiHH. OUI, 045

Highway lliihag<. Cnffop & Atkinson Co., Hll !11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7!;7. H:!l. H!J7

Hi~hway l\'lilf"af!'P. CnwPta f'o .. HB 71:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'ilil. 8:!:.!. U0-1

Hig-hwa~r 1\filf'il~t~. Lnx to Btwon Cu.. HB n:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7;)7. X~!l. XU'i'

Highway 1\filra~P. Houston ro .. HB 2B5 . . . . . . . . . . :)'j'(), 0 0 ' ()lH, 0-17

Highway 1\tilC'a:.rr. Jon<>s & 1\tom"<JC Co .. HB :J5R . . . . . . . . . . . . . . . . . . . . . . . . . . . . OtH. U77-7:-t. 721

Hi~hway 1\filpngP. 1\hf'ay:o~\illP. SB 4:0 . . aN. U5. l:.!U-:.!1. 55U 0 0 0 0 0 0

Hif!'hway 1\Iilragp, Quitman Co .. HB :-Jiil . . . . . 571. 0 , , 0 fi~!O. H5n

Highwa~ )lilra$!'P. Tt'lfair Co .. SB Ra . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17:}, 2-lK :~H0-70, fifi!J
Highway 1\fiiNH~f. Tl00tl]l C'o . HB 261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . onn. filH. 646-47

Hi~hwa.yl't, Uniform Law. RB 6U . . . . . . . . . . . . . . . o HU. :J-t-7. 4-U5-HK UKH

HinP~\illf', amPnd (hal'tC'I', HB 54-0 . . . . . . . -1~:.!. o o ,;) 'i. :}4-0-41

Hine~\ill!~. anwnd <ohartPI'. HB 547 ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -lX~! . .?17. 5-~1

Hilam. HB amPnd A"t ('l'ratin~.

30M . . . . . . :!:J:.!. !!15 0 0

~!HJ,

Hnd~PF;, J. S. l'rsolution un drath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:!K:J

Hogan~<willr, llf'\\' duutf'r. HB 004, . . . . . . . . . . . , . . . . . , . . . . . . . . . . o , , -lX:..!. 017. 5-t-1

HomPstPad Exemption. tn amrnd. SB 145 .................................. a-t~ ..J.!!l

Hnm~ Guard. ton~tahnlary, HB 2U6 ................ li!!5. 701. 91:1

:no . . . 774. Ho~nital Authoritif~~. HB

7 a a . o o

!Jl5-~1

Housr

QnartPt,

rP!'Iolution . . . . . . . . . . . . . . . . . 1111. 0 0 0 0

~111:.!0

Huu~r of Rf"pr .. l'f"ap)lortionnwnt. HB H57. :!7-l . . . . . . . o 7(tl. UUO-Ul

Houst> Re-appmtionmf"nt. ~n I:.!a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 2X:.!. !J5U. 5HU-H7

Hou!-iill!! AuthmitiP!-1. National cJC'ren~r acti\itir~. ~B 77 . . . . . . o . . . . o. . . . . . . . . o. . . . I !l:!, ::!fiK a7s

Huutinl!'. fi~hing lic{ll:owl". ~alP hy Ortlinmies. SB 1!~ . . . . . . . . . . . . . . . . . . . . . . . . a-t-K -1-:!1. 5070~

Huntinr:. fi~hin:.r lit<Pil~f"F;. ~alf' by Ordinmir~. HB 155 . . . . KI2. 0 0 0 H5-l. 1OlU

HuntinJr Sl~a~on, wht>~\ uprn'' in rt:>rtain territmy, SB H8 . . . . . . . . . . 10:1, 15H. ~14, 10:.!-l. 1051-52

I

lllitf>racy, powe>r~ Htate Rnarod of Edtwation. RB 1:U~ . . . . . . . . . . . . . . . . . . . . . . :JlO, 5!l5, 5U'7, lORO

:no, IllitC'J'acy, schoul~ to inl'ltl'\l<'t allultf-1. SB 1:!7 . . . o 0

:):J5. :lOB

Inau~untion Exrrcoi~~ . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-27

Ineomr 'l~ax, c)((<Pdrnto~ f>I'Otatr. RB !!I 0 . . . . . . . o. . . . . . . . . . . . . . . . . . . . . . U':!:-J. H-l:L 7l'(fi-N7

Jncomr Tax. HB aso .. fiR!). 7-l!l PXPIHption~ & ('I'P<tit~.

0 0 ' 0 0

'((I~.

I1wonw T:.x. f'Xlf'n~ion fm lf',:!'i:dator:-; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 050. HHH, 'j'-15

Itwomf' T:1x. ]li'O\'i<l<> f"Xf'mptinns. HB 1U2 . . . . . . . . . HJ4. o ~U.J.. !UH

Jn..omr Tax. "I'PsidPnt" dofinP<I. HB 4:!!1 . . . . . . . . . . . . . . . . . . . . . . Hl-4. R!l!;, Hill. lOH. lOiiO

In<omp<'t<>nt PrJ~oJI!<l. car'(' of <hil<ll'<'n p1odde>d ~B lKO . . . . . . . -!HK, 0 n:~n. 7HO

Indu~trial I .. iCf In~woan.-.. rf:::-ulatf'd. SB 1-ll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :-i-tK 515

Insurant'( A:::-Pnt~. JU'O\'idt~ :ti)Jiointmrnt of. HB 006 . . . . . U57. UN2 0 0

In:-otH'nll<'P ('omrmniP:-t. yolnntmy df'J)Osit~. sn ~0 . . . . . . . . . . . . . . . . . . . . . . . . 175. !!:J:J. '.!77. URU

lntang-ih]p~ Cla!-\~i fication Act. antPllllP<I, HB 07 . . . . . . . . . . . . . . o . . . . . o , . o . . . . . . . 4Xl. :i15, 001

Intangib1r~ Clas~sifitoation Tax amf'nd('d, HB 37U . . . . . . . . . . . . . . . . . . . . OH5. 701-02. 748-49

J

JaC'l~~on Co .. J. P. in c-riminal <'aSPF-. HB !l!!!J . . . . . . . . . . . . . . . . 0 20-1:. 2R6. !105

JameR. L. P .. l'f'~ulution on drath o f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

745

Jeff Da,is C'o., Count:'-' Custodian. HB 041 . . . . . OO:L o o 770. X17

Jeff Da\is Co .. clflJo~itory, HB OOH . . . . . . . . . . . . . . . o o OX:!. 'i'IU. HJ fot

Jeff<>rMon. am<>rul Al't il1('011)()l'atin~. HB 20:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1n2. !1:~-t. ~75

Jesup, amPn<1 chartpr. JIB 71a . . HS-t. o o 777, ~HJ
Johmum Co .. crpatp R & R boal'tl. HB 50S . . . . . . . . . . . . . . . . . . . . . . . . . . . . f>O:!, 'i'O:~. i:Jfi-;}7, o:n

Johnson Cu .. J'('pral R & R hm.ll'd. HB 5U7 . . . . . UO!!. o ti-l!J. m~o

Joint Srssion. mr~s;U:"C' from Govrrnor la~t da:r ...................... 1 07!l-RO

JonP!<l-Drnnar<l. l'<'li<'\'f'cl on hcmcl. HR 261 07E . . . . . . . . . , . . . . . . . . . . o , o -100. -1~4. 456
Jonr:-;bc.H'O. amC'IHl Act incOI'JWI'ating-, HB ;!!~0 ....................... 1-1:7. 1 n-t-. :.!1:-J

JonPshmo City Court. amf'Ju1 Aft crratinl!'o HB t:Ui . . . . . . . . . . . . . . . . . . . . . . . . 1 Hi. 1B:J. ~1 ~

JonPs Co .. Hoard uf Edtu-ation. f~ommuni(atiun. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

745

Judge"' Bmpritll!-<. to <'l'Patf'. Sll l!H5. o . . . . . . . o ... o o . . . . . . . . . . . . . . o .. , . . . . . . . . . . .

5~!)

Junk DcalPI'~. to ()(fin'. HB 147 . . . . . . . . . . . . . . . . . . . . . . . . 4 , !)5:), U!IO

Jury Commi~~iom~ & Clrrks. c-omJ)(>Il~ation. HB :15~ . . . . . . . . . . . . . . . . . . . . . . . . . . . ~U:!, H51, Hi6

JUJ'Y Lists, how 1'0\'iSPd. SB 11:1. . . . . . . . . . . . . .

:!-45

K

amC'ncl SB 14:1 .. 451, King~Tand,

chartf'l._

a-lR. 0 0 0 0 . 0 0

4~1.

559

Kingsland. nmcntl (}UlJ'lC'I'. sn 1-l--l ............................. a4S. 421. -:15:.!. fi:)!)

Knowles. Edwards & "'oud. J'f'sulutiun. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10116

Knowles, Mrs. Ftank. re~olutiun on services . . . . . . . . . . . . . . . 0 0

887

INHEX

111~

L

Lnhor Or~mnization~. to rr~ulatr fPP~. ~B 'iR . . . . . . . . . . . . . . . . . . . . . . . 152, 350, 411-12, 792, 802

Lahol' rnions. f'X('(Issiw~ ftc>s. HR aa-IOHA .................. 0...................

24~

LaFa~rttP, amPIHI 1h:u'tPr. HB 7S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115. 15R. 17&

Laf,a~(ttP. anwnd rhal'lf'J'. HB 7H ........................ 115, 158. 17ft

LaniPI' Co .. haiH!f' !olllllll,v It & H. hoa!'d, HB 7-!:i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7H!J. flSl. 1027'

aoo. Laurf'ltl"l Co .. anwnd R & R ho:utl A1t. HB :!50 . . . . . . . . . . . . . . . . . . . . . . . . . . . 205.

317-18

L:n11~n Cu .. anwn<l R & R A<t. HB 4:!7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :l05. 423. 456

Lt>f> ('u .. <'Hlllllf'IH~atiun nf tommi~~iorwn~. HB 747 . . . . . . . . . . . . . . , . . . . . . . . . . . . .

957

l . f'thal Gas. suh:-:titutP for f"lPctn<"Ution HB 1 H1 .......................... H~O. 77!l. 1044

Lr-xinJ:ton. anwnd city <'Olll't Act. HB :';:n ............................... . 4HZ. 517. 640

J..ihprty Co .. :-~yl-ltf'm of cUrdinHtf"l-l, HH Uli4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fiX2. ~U6, O:i5

LihPJ't~ Co .. zoniw.r law. HR .~75 . . . . . o ...... o , . . . . . . . . . . . . . . . . . . . o . . . . . . . . . IW~. RU5. 083

LiN'" how <-:.t<-<1. Hll ~la . . . . . . . . . . . . . . . . . . . . . . . BI!O. R~l-:!~. !101. IOOR-Ofl. 10fi2-0a. 1080

J .. if(o ln~llloaJH'(', tlfaditUt mil"l'f'1H'P!"f"lltation. ~B !!fi, ....... o .. ,, o .. o o .. :i-1. 35, 87. 101. :12122

I~imitPcl Pal'lllt>l'~hil), liSP of wmd "company'' allowPd. SB lM-1 . . . . . . . . . . . . . . . . . . . 4R8 506, 685

Lirunln Co .. ~almy fol' trfa~ .. HB 501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -l-:!5. -lU~. 02:5

Lin.dPI', Tom. n~olution comlllPIHiillg- . . . . . , . . . . . . . o .. o, . . . . . 0 o....

972

Liquor Elff'tinn. nullify IH'('\'inu,.:; f'lr-<tion:o;. HB 750 . . . . . . . . . . . . . . . . . . . . . o H57. 992, 104:5

1At 1 um~. Iftailfd h~ hotPl~. ~B 1 ~H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2H!!. 4Hl. !iOtl

Long Co.. anuml R & R A<t. Hll H!.l:l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61!:!, 896, 936

Me

"tern)""'ill~. to ilwerporat<'. HB 12L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115. lfl!l. 211

e. )f('('ooh:.

F ..

J'f'liP\*f'd

Oil

bond.

HR

. . . . . 400, ~H-IO'i'E

0 0 0

424.

457

o.. o . . . . . 1\f(Dnfrif'. Ftf'l, tonmH"IttlNJ a~ mf'~~Pil~('J' . . . . . . . . . . . . 0 0 0 0 0

257

1Vl<'l)u fit>. l,titl. ou~atulatiuns on marl'iaJrP . . . . . . . . . . . . . . . . . . . . . . . 0

474

M(lntn!'Oh Cu .. lin ~t1wlt df'alf't'~. I'PJ)P:tl A<t. HB ..J.:J o U:J. Rfl4. 9:l:i

:M<'lntol-Oh ('o .. to Jlf'l'mit <"at fi..:.hin,:r, HB 10:! . . . . . . . . . . . 560, o 676. 704

:lf<lntyrof'. to irum1matP. ~n H-Hi . . . . . 507, 562, 590 0 0

:\1H.aP. anwntl h:ntt>l'. ~B lHO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o 554. til S. 044, 8U8

1\l('\\'luut('l', U.oht. H .. l'l'~olution on dPath of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

M

)fa<on. anwnd HB aa .. 02. 11R. 129 (hal'tPI',

0 0 0 0

M:Hon. anwml fh;utpt'. HB :H- . . . . . . . . . . . . . . . . . . . . . . o U:l. llH. 1:!0

an ........ Macon rit~ Court. A(t anlfl!Hl<-tl. HR

!J!l. 144-. lfl:l o o

31:von ('it). Court. to r-stahlish, HB 7-t. o o ....... o ... 93, 158. 178

:\t:uon. "<Jil\'tY tittf' to Hntt:-~tng- Anthnrit~. HB 5:!0 . . fil R. 0 0 fifi:J. 5H1-U-l

ao-L ............................ ::vi:unn C'o .. han~P lllPPting- datP. HB

0. 0 75A. 050-51. 1021

or M:won TPif'~I'HJJh. l'('~olutiun

thank~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 o:uo;.::J9

::\I:ul'is GPOI'!.rf'. l'f'lil'\'f' on hon<l. HR 1l:!OA . . . . . . . . . . . . . o :!U7. :JO:!. !i76

)[wlisnn ('u .. tohan::~ slwi'iff'~ hmul. HB !!7~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-l. 2H9, :l14-15

).fhdi~on Co .. Tax H.((, & C'ol.. HB 710 . . . . . . . . . . . . . . . . . . . . , . . . . . . o o 7fil. 1 Ol.J.. 1026

M anl'lw~t(l'o :mwucl A1t immpmatinJr. HB :JH:.J. . . . . . . . . . . . 0 :!Ufi. :101. :i10

1\larif'f.ta. anwnd Afts in<nrtwratimr. HB lOU .......... o o .. o, ...... 0 o .. 115, l-15. 164

::>lal"i<tta. am<II<I <h:nl<>l". HB 5l:l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-11!2. 517. 5:J!l-40

:\lnriPtta. hoJUI p]f'<tiun. HB 715 . . . . . . . . . . . . . . . . . . . . . . o 6N4-. 777. fH!l20

"lfarion Co.. f'l0f'atP <ommi:-:~iOTIPI'. HB 1 a:! . . . . . . . . . . . . . . . . . . . . o 04. !!fHl, 2R800

:Marion Cu .. I'(Jt('al hd. of <ommh;~inJJPI':-li. HB 1:n . . . . . . . . . . . . . . . . 0 n.J.. 2fiUo 2H788

1\tal'inn C'o .. ~alary to ff'f' s~:-::tf'm, HB 077 . . . . . . . . . . . . . . . . . o . o , . o o .. , . . . . . . o o7UO, Sflfi. 035

Ma!-"on. Vt. \V. J'P~ulutiun nn df'ath of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31213

Jouru.rman Plumhr-ros. Hll 275 .. :\last<~Jo &

0 0 0

l1Pili(al S(hool~. (~laH!!P admi:.-~ion l'f'qUil'f'nl'nts. SB 120 . . . . . . . . 0. . . . . . . . . . 0........

570 256

Jlfpnlo.

amlf"nd

At

ilworporatin.JZ".

HB

...... 4R2. 517. 540 52~

0

a7 1\'lf'J'iWPthf'l' Sntlf'l'iOI' <'OIII't. IJI'(J\'idP 4 tprm~. SB

3 7 . 8 7 . 1 1 0 . 3 5 7 0

)ff'l"!"UJ!'f' from Gn\trnm. joint ~pssion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7279

J\fifh:U'l. 1\li~~ 1\-loina. honl< I'N'Onlnlf'llth:d. HR 14HA . . . . . 0 0 0 , 0 0 0 0 0 0 0 ,

765

llil'har-1. )li:.-~ ~Ioina. honk l'Ptommr-ndr-d. RR 65-::!27 . . . . . . . . . . . . . 0 GRR. 1062

:Milam. amf'nd Ats in<orporatinJr. HB 7:J:L . . . . . . . . . . . . . . . 0 0 0 0 702, 053. 080

Milholliu. J. L .. l'('~>lutiun on OOth hil'thday. . . . . . . . . . . . . . . . . . . . . . . . . .

440

l\lilhollin l\1Pmorial Brid::!'('. HR 271U7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207-68. 302. 321

l\lilitm~ Rill. fl'f'~h THII'~llit hy fOI't'f':<~. RB 00 . . . . . . . o HO, 1f>7. ~14, ~22. 2:JO. 4.'38, 751-52

lfilitary Bill. )m~~f:o~:~iun of f"Xp)u~hf's. SB 5!J .. R!J, o o 157. 21-J.. 222. :!2U-:l0, 23L 4:l8

n. :\lilt tar~ Bill. ~Tlfinl 1l0litPnwn. SB fiH . . . . . . . . . . . . o 8fl. 157. 21-t. 21Rl 4:lS, 75152

:?ao. l\Iilitar~ Bill. unlawful <"llll'!> on lll'o)wrty. RB Hl .. SU. !)O, 15R. 214. ~:!:!o

:!41. 281. :UHl70

Milk rontml IIi II. HB I :!fl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0:!-l. 77:!. 1005

lfiliPd,!tro\illP ATapPlln C'hoi1. invitf'd to !-'ing-. SR :JO-lO!lA .. ::!25. 0 0 2RO, !:J95

)fillf'n. anwnd ch:ut.-r. HH 7Ul . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95ft 9U2. 1029

l\fi1JPI0 f'o .. tit~ ''Ollt't Act nmPIHIPd. ~B 7lo . . . . . . . . o o . . . . . . . . . . 1:11. 144. 159, 20:3. 277-78

:l\lhw~ & :!\linin!! Di\i~ion poWf'l's;; f"llim~Nl. SB 1:!7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28:3. 49091

l\finor Chiltlrf'n. Yf':U'=' l-1Hil1lOI't. ~n 1U7 . . . . . . . . . . . . . . . . 2:!5. 0 0 0 0 359, 484:

:\1isdflll('allOI' ('ondlt~. paymPnt ful' WOI'k. RB ] n:L . . . . . . . . . . . . 0 :!2-l. :ll:J. :i70. 1103

llli"'l'm<"allm. tran"f<rr~<l to lo"~ tomts. SB O!l . . . . . . . . . flO. 4-lR. 4R5. 50-l-05. 008-09, 1103

Mistrials. how gant~<l. HB 5:3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

424

qsr. r.o~ (.ll a:~ uonn~n.Jrtnw.) xu uo!sto:!mtuoJ ,J[n.mci ~ uosJ.ld
tnt:u~: ;;ot: -~,!.;:; 'Ts-n~t: t;.;: 'tt:-;:~:r -~~ !Is ur: !I Ht'\ s.J(o.mtt

1 11 . ~11op.mct 'lH(Il.:i.u '1111!.-~!llllliO,) 110~~-ld
~~!;f'~,;o~ .' =~-n . . . . . _ . . . . . _ _ . . . . _ _ _ . . _ . _ _ _ . . _ _ _ _ . . . . -~';n~~~o~.~~ -.~;:~)rt\:;ct _,;_r;:~:::~~l~~~-~ ;~~:!~

~:~ ut: - !.I n~ t1,.;noq: nJ x!. uud

US! '!.t!lt!. 'ffiH' - t~:;:-~:n u~ 'l['-'~oo'H lll<~p~:-: .l<f '-'!-" ~ti!IHI!<I

~:t;u

t~t: H~ -~-1-Jp.n:., IIIIIIIUIO-' p.l.llq-''P -~.n!IHl!d

t:o;.

. - . . . . . . . . . . . . . . . . . . . 'liS H~ ',\p.ulo.lll d![t{IHl ,)..;.lt),H!.Il Ol ltpq.l 'SUO!}Il.IUCl.W,) o)U!(-JCI!d

I!O(,

em u~ 'UJHUmJ 1HHI!lU suon~-ml.IO,) lliHJl!d

t:t; t;;H '!.U-~U() 'QS! 'l-\t:!Jf!H 'c)[-HUH -~SQ'. . ' . ' ' ' - . ' ' . ' ' ' . . ' . ' . ' 'f:ut. H~ 'JI!H JliHJd!fl

hW '.!..~li ' tO~ HH 'lll-1 tJl p:;-!.1[[! '!--i,Joi.IJ.. .Hqd

U IX '.!..!..!. 't:SH' ' ' ' ' ' ' ' ' ' ' ' UO.!. HH ',t.Jl.Wl{' pti.Jlllt: 'U!WJ lll!d

(;.!1!.
~HU

ut:!. HH 'P'l-:.HHt.w.H! -.~.w ..tJ: ~m!c.I ' ' ...... ' ' ' .. '"''' ... ' '' ' .. ' ' . ' ' .. '-:-;lflll!tlJ JO 1!0!111{0:-'<l.l "rl 'f .loll!lhJS ',llll'lk{

!.t 01

' . - . ' ' ' ' ' .. ' . ' ' ' .. ' ' ' ' . . . ' ' ' ' ' ' ' ' ' ' ' ' ...l,mUJ(l IIHJli:J''-Hidy .. "rl '1" .IOp:tt.J~ ',I,Jt(,,(h{

9~: l oo t 't:n tt!l HH '\'l.I.JIIOJ .... ~puuo., JO p.!Hoq o,) l-'-''!d

(),!.~

' ' t;a: HH ',J,J).tmt.u uop.:su.Jthuo., 'l!ltU!.) II!!'HIIlf 'J.IIOIU{JJ!<.I

1-:00 [ 'BH~ 't: I~' ' ' ' .. ' ' HHH UH '-:-;11,\\0l umus U! .t.l!l'l:.ut ot P'-'W.IIlO~hJ smq.,!~-~({d T ~;,!.-o!. '1-:t J u~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . () u-:-; suoni:)H!P:IIh Ol llt1Jlllo1-)X.) ',.;tS!-H!UI.IHlld

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~:IS

' ' s:t~ HH '(llst:.J.hl(l JO :,:.lJ.Hl tq p.J)SJ.\ "ll!l -~l-I.Jtlo.ld l1l110S.I.Jt.l

tnt: xut. 'tu;; - -~u UH '1-'V pu.mw t-mo.J .\t!.) lJ.o.utuhJ<I

r ~Hn

non,up.J.uhlt: Jn ,J.:fH:-:s.nu ...1(' .,1:1:s1 s.Jfll")c.{

,!.fi~ ;;(.s L~g sHt HH 'JHnls .10.1 ,Jsu-dx OlTW --u.) fH~d

t i t '!.$:1 ',!.S 'tl:''

' ' ' ' ' ' ' ' ' ' ' U: H:-; 'll'~-1 l!lliH Ill 'XH._L .l.lllllHd

1~t ~t- 't:o<: '5tH H~ 'tU.Jls.\s .J.JJ ll~!l'HtH '1!11'1!.) pq.,qmr l![tH:lH<l

Ci~~

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(;tn 1

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CSO 1 [Wi 'H~(i ' ' ' ' ' tHf HH 'XI:) s.J:-'Illlll 11llPIJI!c{
U~U l 'taa: . . . . ' ' ' ' ' . ' ' ' ' ... ' ' . ' ' ' . ' ' ' ' ' ' . ' ' ' ' ' . "UO!lt!!llllllllUOJ 'liH{clll~ liiHU:o:~.J.I.:mn.) 't1H:d

d

l(;S 't;.!,.-H!H ' T(.t: fiS 'Q1JHIH Jn Jcl 1([ .\tt 'uop.l.J((SUI .1-J1:-l.iQ

t(.tH 'Hii-~H~ ;~~.t 'Uit' s~I H~ .IJ1:pt.:t.J.I OJ s.t.J(I!.J(l cllu!.Hft:; ~ -lJl,.:.\0

I:W; c;~u' ... ' ' ' ' .. ' ' ' ' ' . ' ' ' ' ' ' ' ' ' ' 'VS,!.(;{~ liH ',J:-:.IIH(lli!J.I 'll).l.ll!t-( 'lll-IJS.hJ,\0

t:ot no-~:!10 -~-t:li 't(:s . I~H . . . . . . . . . . . . . . . . . . . . . . . . . .

HH ':O:llloHUoJ.q!\llol,l -~~~~.).ld\1! Ol -.~qp:tlo,)l!-10

r.t: t

' ' . ' . ' ' ' ... ' ' ' ' V I!.t;;; 'H~ '!--it1tU1!U ..'itq!:o:.)lliJ.J.t 1~r1 lto!..,lll<l .u~v PIO

y;-;~ s:u-t;Ht l~t t;t:\1 HH 'Jntmt ~.JJ!nt~ I-HIP u.) .,cl.unn'l.:-10 U u: out: 't-!1;; nt:s: HH 'tmcut :-O,JJ J-lnts -mp.u "UJ .J.nuMQ

I <..r-ut u r t;;-1:c::o 1 !ws 'Hsl: -!.~-o~t;- - ;;~ r ns p.JlNJI-t"-r'' uoJ~~-~:--o~mt s<l.IIIJhi .m.}.)\"llJO

0

8!0

' ' .. ' ' ' ' ()(;(~ HS "UhJJ~.\s ,J.Jj tt""HihlH 'l!1P.I!,) p:pHlllf ll.ltJJ~l!ol\(1-IUN:

Si:.!,.(;t '0~~- -~f'~;''.''' ' ' . . . ' ' ' ' .. ' . ' 'V.!..O[U: }{~ -~(qlu,Jst-~y :--i:-id.1pp1: Ol -~piH.t.~ 'I' ',Ill -~!.I.ION
~s:t t-n: '1-\tit. ~t-tt;~ w11 U':-i ,'![od .qut\0-1 .1.1!-llli:-: "o,) uol.\\'N

!.<..:~ '!-l-U! 't;~t: '(~S(~ t~; 1 HS s.JI'!J.IO ~..~.11:p:~ XB "O,) HOl.\\J.X

Ut!J -~.(a~ '<.,;!,g''.' . . . '[~!I HH ',t.t1-ll:ll {HhJHW 'tlt:tl.\\ol~

Sf()[

' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' s,J,)!,\,!o.S .IOJ po)Sp~.HI ",\\ .(.HioiH 'lq,\oJX

fi!IH

' ' ' . ' ' ' ' ' . ' ' ' ' ' ' .. ' ' ' ' . . ' '~(;(:I.!. 'H~ 'IIOHI~l~ lUllliJ.IliiX:-{ lH l\-IIL\\ Ill ':O:,I!lSil.I._L O.l.1)!'\:

!IWJ 'lfit o u: . . . . . . . . . . . . . . . . . . . . . . . . VB$: 1-!.t: ll-:-; 'JUBP Ol I'HlSI! ~:-o.J.I-'iliO,) ':O:,Iol.\!1( oJ{(ll!~~-\UN

!,(;(;
01 t

' ' ... ' . ' ' ' . ' "' '' . ' ' ' ' ' ... ' ' ' ' ... ' '' ' .. ' ' ' ' ... 'IIO!lH(O:O:I.I 'l(.M_\\ .JI'IIIlJlU [I!IIU!1UN

us p.Jtmdtul! .\\::l auJnJ!un 0





































.!.~t

-~>!ln.,,m~

N

l:B! 'U!(; '1:S:t: 'U!. f .. ' ' ' . ' ' . ' . ' . . . . ' ' ' ' ' . ' 'YU~!)(. 'H~ 'U,}{J.\\O{f rl ~ot(J.. .\T:d OJ "U,) ol<l.:-i'n.l~IIJ\t

~:nt: '!H:CJ 'l'~f' ' ' ' . . . ' ' ' ' .. ' ' ' ' ' . ' . ' ' ' . . . ;:~ [ H-:-: ~oiJ.IU!'!S :-i.lllIOti,J.I .IJlltll:.t~Olloll-.; o,) olt)~~lP:-illJ(

w ~:t:H -~ws 'Wf!. l:WJ HH sup:w .J,)~IL\\

.-.t.l:"'\d!'-1 "o,) ,,,,..~o.,l-OHJC

Hi!f 'I(;H 't-!..<..: . . . . . . . . . . . . . . . . . . . . . . - . . . . . . s:s:H HH ,.:...,...;od.u l-i.llOol .\.0:(1!:0: "0,) oM:-10-ISllJ\L

~s:-t-s:u ~m~ nu! I!IH HH ~''"l(flu,, uo!:--o11.111 --o.) .J,J;;o.sllJ\! !..~li r<..:n ~: rs H<..;n HH u.1m:.rns"! <I no.!~ --o,) ,.,,1i'n-snJ\!

Ht.o I ;.~.!0 o!J!.' ' ' ' ' ' ' ' ' ' ' ' ' ()!HI HH '!'I,JII!J .I,J.\\l~ llil!lll!lp llt.IUJlllol "fl,) ltJ:-Io.l!-oillJ!l

nH ~.a:H ~mol 'O!f!.. - - (;UH

'.\:.nn:.IIL\ .lo.\.J.\.IIIS .\JUIHJ., --o.) ,J.lEl).)SitJ(

t~H; -~.;~s 'ti<..;!.. !f~B HH ~uon:p1;1.1.1 .:aqp[ptq --o.) ,J.J.o;o.,snJ(

1~a: (.lfIO$: !nt: ~nt HH .t.l-W(! pu.mm '<l!-lliWJ\r

o!.n -~<..:o uns:;:-tt uH pt!JHto~d~ll!'-1 x1:.1 lHl.~ .lolOl\I

WI 'HS 'ti(... ' ' ' ... ' ' .. .. ' . ' ' ... ' ' ' ' . ' ' ' ' . ' ' ' ... ''-! HS pu.mn: 'l,l\' XI:.L llll._o{ .IOlOJ'I[

ou-m-:.: us H'-!o 1

;;.u~ t t t - - U.!.. T

JuJ t.o~-sH }-::; pu.mm .~.,!'-Ill~) .m1ow:

~s-~:sut 'h.:-o~ut '1!.-U!Hl u~! s a : ! . Ttl nu .,~u.,_,n -~-1011!-"-''0 .).1111-~!cl uonnK

m.t-!.fS -~!.1 't:tt . . . - . . . . . . - . . . . . . . . . . . . . ;-:,!.[ H~ 'II0!1fH!!-'ll-1!P 'l'~PI:IoU ':--iiUIJ~of. .J.IIll'!ct UOJ1UJ(

1.!.-li

' ' . ' ' ' ' ' ' ' . ' . ' ' ' . ' ' ' ' ' ' . ' ' ' ' ' . . 'liOJll!!-h),Uhll: JO II0!11l(O~.I.I -~ll!"'H ~ .lolp!:O.l,) ',l,J~Ol\:_

H(.UI 'ICW s:su n!.H HH lV 'H ~ 11 p:.ui.J.I "n,) .\.1.nuo~tuow

U~Ol 'IUU '$:SU' ' ' ' 'o ' ' ' '!-U UH '1-V l:l ~ 1-I ptlollUn "0,) .\.loJUIO;;lUOJ-\I O!:l ~u tu .. .. tol UH -~JJI:tp pu~mu ~o.HU>JII

x::mNr

9IH

INDEX

1117

Publir Xnian<"P. nhntrd. SR 152 .......................................... 384, 422. 663 Pnhlic ~('J'\'icc Commi:-o:-oinn. juri~tli(tiun. ~B fi:.! ............. SO. 700. 924 Puhlil" ~('JTil'f' Commi~~io!l. l'{'JH'al Pa.VnH'IIt."' to. ~B 11 . . . . . . . . . . . . . . . . . . . . . ao. 5H. l!U. :107-08
Puhli,. 'W('lfai'P. I'Ollllt:o diJpdol'. ~B lHX . . . . . . . . . . . . . . . . . . -llH. 475. ;)fi:!. 575-7t>. 62R-:i0. na2
Putnam (,o .. nnund R & R A(t. HB 417 . . . . . . . . . . :Hi-1, 51 H. 5a~. 744. 747--H~. HU-1, 105S, 1085

R

Ralmn Co.. ~upPrinr Court (t'rm:-:. Hn 4X!l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57:!. 5R!l. 027

R:ulio Commi~:-:ion. to aholhh. ~B X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~!). ;)(), RR, 1-lS, UJO

RaJran, John T .. rp~olution on (hath ut'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4H7

Ra~ran. St>nator. rf~nlution mr ilhu~~ uf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2::!6

Ram~pf'(l<. Con~rc~~rnan Roh1rt. I'Ollllllll!Jilation . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .

:151

Rand. ::\ii:-:l'= ~all;\. rc:-:olutlon to \'i~lt ~PnatP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2~!1. !!41

RPciprmal A:.rrfpnuut:-: trnd<!-0. autu ta,:r:-;. ftc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10HHl103
Rc~-('on\'cy Land:-; to Durw1:-:. aftt>r 7 ~-~ar~. HB ~-;' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~at. nafl

HcdwinP. DP;il & HarTi~. J'C'!-lollltion of apprc,ihtion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

n .. UPtlwiru. Pn~idfnt ('Jm~.

IH'ai:-oP fm ~1'\'icp:-;. . . . . .

RPclwinP. PrP:-oiclt>nt f.,ha:-:. D .. Jll'f:-opntPcl g-ift......................................

!l7~
nan
lOU!l

Rfdwinl'. Pr:-<ic!Pnt ('ha:-<. D .. Pl'f'~l'lltf'd pidUI'C' . . . . . . . , . . . . . . . . . . . . . . . . .

005

HPdwinP. a~lwd to IH'P:-:cnt dawrhtPr~ to SPnatt>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:?47

RfJ.nrlar ~f':--~ion. to cUH\'f'IIP. HR I~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:l6

Rihmond Co .. charu,:p fpc tn ~almy :-:v:-:tPm. Hfl aan ........................... fi'i'O. ilRR, 62tl

Hi\,rdalP. anlf'lld Ad itH'III'JHII':Jtimr. HH :)!Ill ................................. 51 K 5ti:J. 505

Ri\prclalc alllPIHI tha!t..r. HB 457 . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . aBH. 450. 47H7!J

H.cwkdalp ('o .. cr~atC' H. & R lmard. HB ~!N-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l!I:J. ~C)(). 2:J5

H.ocl.:d;ilp ('o .. I'('JHal R & H ho:ud. HB :!~:J . . . . . . . , . . . . . . . . . . . . . . . . . . . . HI!!. ~Ofi-0(), ~a-1

H.(wlulaiP Co.. H. & R Ad HllH'tuhtl. HB 75~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U;)R, !)U~. l02R

Ucuh:mart. artlf'ltd <hartf't', ~B 1:lH ...................... :um. :~tHl . .J.:!fi. 510

H.n!')Hlt:ut. ;tnwnd fhartH". SB lit.

. . . . . . . . . . . . . . . . . . . . . . . . . . -llH. 4-lH . .J.'7X, n~:J

Holling- ~tPI"I':-<. :tllH'lld .AIt taxiwr. ~H 7:! . . . . . . . . . . . . . . . . . . . . ] a~. 17'";'. :~7H-77. 1017. ]07770

RortH'. ;t~lJf'IHI dlal'hr. HB 'i:lH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~14. U5:~. U'i!l

Uomp <llH('Iul (h:ntcr. HB f7U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U5!t. 11!1:!. l 0~7

H. ural Post Uoad Fund. all\f'lJdr d. ~B 17!1 . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .

44-1

Ru:-;~<11. ~tn<ttm Dieli. onnnunication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1087

s

~:uulr>r'~\illt. :mwncl Ad iworrwtatinl!. HH 1 UH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116, 145, l 67
~andtr~l\illf' C'ity Cottl't. anw11d Ad. ~H na .............................. , . '!O:J, ..J!J . ..J.iil. 07;)

~ant a ('Jail". to iJ~tnJporatc. HB fi~O. . . . . .

. . . . . . . . . . . . . . . . . . . O:!n. li7R. 7~R

R:w:um:th. an:PrHI dwrtf'J", HB !!:; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 =~~- 1 fi!t. 1 X2
Sa\'annah. an11ud dmtr-r. HB :101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,;!a~. ~!Hl. :n5 ~:nann:rh. am~>ttd dl:tl't"t', HB :n ~ ....................................... :~:i:~. :!!10, :!U)-1 B

~a\aunah. anll'nd jh;ntPJ' HB 71 j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tiX-l. 777. X:!l

Sanmrwh B':wh. anll'ncl Ad inforporatin:.r. HB 5aH . . . . . . . . . . . . . . . . . . . . . . . . . . 57:1. H~l. ti5051

Sa\':lllnah Po1t AutiHH'it~. HB fUll.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H:!H. HI~. 7!!R

~chool Apptopriation~. priority if unpaid ~B :!11 . . . . . . . . . . . . . . . n~a. 100. 7~7. 1ClH7. 107:J7-l

!'.-lwol Bmul~. pro,ct-d"" how li!'OPtl. HB :J15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U5'i'. H:!~. lUlU

~f'hool Di~tl'i1t:-o ('on:.~oliclat<cl. SH -1!1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XO. ] -t:J. 1 'i'O, :158

~1'1'(\'f'll ('o .. ~IH'I'ial l'l'intiJtli hailiff:-<. HD ~i)-1: .. ' . . . . . . . . . . ' . . . . . . . . . ' . . . . . . . . . :!O-l. ~fin. ao5

~~rp\pn ('o .. tna~lil'tt~ :-oal:u.L HB 'i'!!l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'i'lil. U5:!. 079
~r ~~ Ballot. <tnH'nd f'ocl. HB ~!:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tna. 249

~,.,. f'tat~ of ~tah. fix ~alaty. ~B 1~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . :JO. 57, HH. 14S

~f'(.l Hill. to l'tl.."lliatt ~;liP. ~B l l X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2::1H

~('tl Law. unil"orm fPdf'l'al. HB -HI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3X5. 4-:!:!. x~:t !Ia~

~tiztocl Cou\P,\'all'P!"', howl for. ~B tH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !Hl, :!05. ~-1:<1

Sf' II a tP A tt;whl'.... PI'C':-<I'IltPd l.."i ft..; . . . . . . . . . . . . . . . . . . . . . . , ......... 1 OtHI-70

~Pitah Att;wlw~. rpmain aftl'l' ~~~im1. ~R l i H : ! : ! S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

!UiU

S.cnat.f Offi,r~. lffthHl f. . . . . . . . . . . . Rl:.!

~Ptlah RII!P 1ail. amf'rHhd. ~H. 1 1 . . . . .

. .................................... :n. !l7

SPilatorial J>i..;trid:-:. to riapportion SR :!!1-lO~!A . . . . . . . . . . . . . . . . . . :.!~:>. :.!-1::!. a5H-5H. :liH. 405

or S.'natol'ial I>i~tlid~. to J'P-al'l'<tni!P. ~B 1 ~u . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -171. 4:01

~C'IIator~. )H..J.l-l~!. ('~'l'tifipcJ 1!:-ot

nwmhpr~-.....................................

X

ScrJtfll('('~. ~rrTPd out:-;idr (h;dnl!illll!. HB 1 O:! . . . . . . . . . . . . . . . . . . . . . . , . !HH>. n!HI, 1075-77. 1105

!'PI'\"itt :\lf'clal:o:.. for \'Pttran~. SR ~lo) . . . . . . . . . . . . . . . . . . . . . . . . . . . B-l!l. 7UU. U:!4:!5

~lwrirr~ & C'lrl<~. aclclitioual f'Oillllf'll~atiuu. ~n 51 . . . . . . . . . . . . . . . . . . . . . . . . . XU. Sl, 1-1:~. 15U

tan. S.lHriff~. (tm~titntional parole offictr:-:. ~n

. ...................... , .... , :-no

Shctifr~ Jo~pc~ fc11 ~umnwnim.r jwif'~. !-'B llH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . .

:!!lH

S.luimp & Oy~tl'l' ])palPJ':-:. tu I'P~lllatf'. ~B ) 5~ . . . . . . . . . . . . . . . . . . . . . . . . ..J.] U. -1~~~- 5!)5-06. 10:!4

~inc Die Adjourum,nt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110H

S111all Loa11 Ad. :--\B 1 :~:~. . . .

. . . . . . . . . . . . . . . . . . . . . :!!1:!. til 7. OS;)-Sti. 7a-l. 747. 7-l~

mw Small l~oa!l:-:. n~nhrtiou tu inn~thrah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tcun.u~
~mith. ~('11/ltOI' Dixon. tu fix ('lwl(. rc:-oolution.....................................

S11alH~. lll'ohihit handlin!.." ~)f, HB :~~!1 . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . !15H. !JUl. 10:):1

Sol'ial <'il'dt. ClllH'lHl dtartPJ', HB 7-lti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -~1-l. ua:~. 978

~oli(itatiun nl' Yntt'~. J'tI!Ulatfd. HB tHI5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i:l!J. U!ll. 977

Suuth\\'<.>~ttrn Judi(ial Cilc.:uit, l't'I)Orttr, liB 1:.17 . , , . . . . . . . . . . . . . . . . . . . . . . . . 4.00, 422, 45-1

1118

INDEX

Spalding Co., r~ducc heriff' bond. HB 427 . . . . . . . . . . . . . . . . . . . . . . . , ..... , , ... :!05. 42:!, 455
Spalding Co .. zoniug- law. HB a:H ........................................... ~0..1, 300. :!17

Spivey, John B .. Pl"f"~t~nt(ct J > i t t u r e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

U05

Sprin~fip]d. anwnd Act hu-urpmatin~. SB 15-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . aH:i. -1-1-X. --1-'i'i. U75

St. Mm~s. anwnd ,-h;uttl'. HB 1 'itS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I a~!. 15H. 1 7N

St. Mary'!". to clo:o~p t'E'I'tuin ~tn('tJoO, HB 177 . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:J:!. 1:5~. 17H

StandiliJr CommitttP~ of S('uat< . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . !10--HI

State-Aiel Road~. ri::dtt:-;-of-wa~ (xpense~. SB :Ja. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:15

Statf:' Auditor. to appi'U\'e (l.aim~ \"~. Statf. SB 1~ ...... :10. al. fil. 1a7. ~J a. :!5:!-5-l. :.!55. 5fJU-52

Stat(" Roard uf Aountnney. aholhdt and ('J"f'atP SB 177. . . . . . . . . . . . . . . . . . . . . . . . .

4-14

State Benard of Edwation. anwncl A<t. SB H7 . . . . . . . . . . . . . . . . . . . . . . . . Ull. :.!4!1. a~n. -1-:n. HHH

Stat(' Board uf Echl<'atioll, anwnd Ad. RB HH . . . . . . . . . . . . . . . . . . . , , ...... , . :!1 ti. :~OH, tslll-ti:.!

Stat< Hoard of Edu"atiun. JlOW~I~. ~B l 05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :.!:.!5. aan. -t:J0-!11

State Board of Tax Al>l><'als. limitPd. HB 5!1:! ............................ HI:!. !liB. HUH-05

State Bonnl of Tax AIJnal~. limited. SB 17K . . . . . . . . . . . . . . . . . . . . . . . . . . 444. 5:~1i. H5~

Statf' Drpt. of ~atural R('~Olll'((:-1. a <ommi:-~:-~iorHrt-<. SB l:n . . . . . . . . . . . . . . . . . . . . . . . . . .

~U!!

Stat.p DPpt. Puhli< Saf<t>. A<t amendrd. SB 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :IH~. ~~R. 5!10

Statf' DP.))t. Puhlh Safpty. in~uranc( for pat1ulnwn. gn ~nn .. 58-l. HJ R. 75U. 7H7HtJ. 1 OW!-x:~. 11 U4

StatP Drpt. Puhli( \\pelfar(. ~alar~ of dirt(tor. ~B Ul . . . . . . . . . . . . . . . . . . . . . . . . . . :.!H:J. ~!IK. ::SUl

sn. Statf" Hbrhway Board. in\'(~ti~atP ,:ra~ JHII"t'ha~('~.

:.!7-~5A . . . . . . . . . . . . . . . . . 1 7B. 1HX. :!:!1

Statr Highwa;\ Board, iri'P.e-ulaJ' J;ra~ JHII'(ha:o:>P~. SR lH . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . ,1'-(1, 11:Hl

Statf' Hig-hway Bo.anl. l'f'J)('al, ('I'Patt. ~B :! ........................ :.!H. !)5, OU. 07. 1 OH. l 07-08

Statr. Hhthway D(}Jt .. audit ..Jaim~. HB 157 ........................ :!Ha. atm. :na. :u;-;, -4U7

Statp Hi~hway J)ppt.. to pan ~idf"\\'alk~. SB 1 :!6 . . . . . . . . . . . . . . . . . . . . . . . . ~Ha. 35U, 5RO

State Hhrh\\a~ Dt>JJt .. to 1'~-(Uil\'PY land~. ~B :~-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

!15

Stat<' Ho:>-;pital Authorit~. to ''!'(at<'. SB 10 . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . :!!1. 50. no. 147

StatP Hospital AuthoJit;\. )'(mo\'(' nanw:-o Itum buildilu::;. SR 01-:.!IHA . . . . . . . . . . . . . . . . . 070. 7a-1:

State Huu~in~ Authority. to (reatP. SB U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!U. :\ti. !l5. 147

StatP Hou~inJr Authority, l'f'POI't, . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . HlR7-SU

StatP l..ii)J'a.-ian. nutarit~ }HthliP ft't'~- HH !JU5 . . . . . . . . . . . . . . . . . . . . . . _ . . . . . li~l. H~!a-!-t. HOJ -ti"!

Stat> LihraJian. J'edwp ~alary, HB :{!Hi . . . . . . . . . . . . . . . ,., . . . . . . . . . . . . , . . . . . 0~1. R:!l, Htl~
Statf' l..i('Pil!:ing- Boanl fm Contrudor:-;. l'(pcal. SB 4 . . . . . . . . . . . . . . . . . . . . . . :!0. :lO. tiH. tm. 12!)

Stat' Parlt Authorit). StunP l'It. )hnuwial. HB U-lfJ .... H5N. 771i. XX5. !JiiO. !17-1-. !I!HIltUIU. lOU~

Stat( Pri~on 1-,mm. Go\'E"I'OOI' tn ha:-o(. HD ::S:.!U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570. ti~O. !IOU

Statp PI'O))('J'tiPs Commi~~ion. l'PIHJI't. - . . . . . - - . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . .

1om~

StatP Sanitaaium. ~Iwcial (ommittPP rPport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~11-l'!. 10tW-Ii7
''State Seuatm'' Auto Tag:-;_ J'fqUPJ-tting-. SH ~:!-tWA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 :n. 1 tifJ

Statf' Supt. of Pri~on Fal'ltt!-1. tu creatf'. ~B 7 . . . . . . . . . . . . . . . . . . . . . . . . . ~U. 5fi. ~0. J:H-:Jii. :!~-1:
Stat( StiJ)t. of Rthuul!-1 fix ~alary. ~n 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an. 57. !t7. 1-lR

StatP Tr(a~m1J', Comptrolhr G('IIPJ'al. !-~U~JWH!"liun of. SB :J . . . :!S. 55. U7. H~. 70. '71. Jt)X-11. 10:!
Stat< Tl'f'aHII'f'l', fix !olalal',\' of. Sll l:J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :w. ;)7. !10. 1-t-X

Statp VPtpriuwian. to aholi"h offic<. SB -1:a ......................... 1-!a. llin-70, :~5X

Stat('shoro. anwnd chart1r. HB -lt)J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!li7. :un _ :J~!U-!!1

StPJJh"11!"\ Cu.. n.holbh Tax R(, & Cui.. HB -12~ . . . . . . . . . . . . . . . . . . . . . . . . . . . _.:JU-t. -t:~:J. 454

Stf')lh('l~ Co .. I'P!"liciPnt!"\ of ~chool sy~tPm~ to '\'ott. HB :.!!JH . . . . . . . . . . . . . . . . . . . . 205, 5:!7. 567-68

Stonp l\lt. Judi<'ial Circtlit. aholhh fp.. ~;\~tPm. ~ll !X . . . . .

. . . . . SO. 1-li>. 1 :)!1, :)i)SI

Striplin. SPnatoJ' HuJ.:h. lll'i\'i](J.:'f'd J"Psolution......................................

fi2

Strilte~ }H'Uhihitf'd. HB tHi:-t .... - - - .. - . . . . . . . - . . . . . . . . . . . . . -;a:~. na:~. 1054

Suits nf Public OfficcJ'!"\, ('ontinlwd hy ~~~~cp~~arl'". HD -lHU . . . . . . . . . . . . . . . . . . . . . . U57. 774. .H0-1

Sumnwr\'ill(". :.nwnd Act imm'JHH'atin~. Hn 7:.!:! . . . . . . . . . . . . . . . . . . . . . . . . . . _'i:J:J-a-l. 777. W!l

Slllllllf'l', s(~natol' Gol'dtm ~- l'('~olution Oil illm~~ of..

. ....... '. . . . . . . . . . . .

-laH

SumtPJ' Co .. J'fthHe ~ht>J'iff's houd. HB 4HH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:)0. -!D~. :):!.~

Sunday ~Io,h:-o. to lc>~:aliz(_ ~H 75 . . . . . . . . . . . . . . . . . . . . . . . . . . 151. :!:~a. -:1:01-U'!. 40ft 7Hfi-:.cnn

SUIM'I'inr Coul't. ("X((utiou dcwkPt. ~B :15 ... - . - . . . . . - . . . . . . . . . . . . . . . . . . . . . . . - aa. :.!UN. a:!:.!-:.!5

S\1))11'\'i!-l.m' of Plll'<hal-tPl'" uffil'( l'f'P~tahJil'"hPd. HH 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

]:~:.!

Swain~horo. !!;\'I'. tPI'Ill fm marol', HB 707.

. ........ - ....... - ........ nxa. u j I' HJ

Swind<'ll. 'V. A .. rtsolution of thank!-!,..........................................

lWK

T

Tal'\"t'l', f'OIII!'I'('S~man )1. c .. NHllnlllllitation.

. .............. -.... . . . . . . . . .

a;;o

Tattrmll Co.. Ulll<'llll R & R ho:ud. HB U-l~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UO!J. H7N. 7:.!7

Tattnall Cu.. l'ttltlf'f ~htriff'~ hontl. HH 571 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tiO~. ti7X. ';':!7

Tax ColiPttOJ'!"\, amount of hontl. HH 5:.!7 . . . . . . . . . . . . . . . . . . . . . . . U5ti. 1UO:.!-oa. 1nan-:s 1. 1 oun
Tax Rt(f"iYPI'l-1 & r~nJipftml'". dlall,&r( ('()mmi~~ion:-;_ HB :Hn .... - . - ..... - . . . . . . . . . . :)71. r.xx. W!B

Tax R<(pi\'f?I'S & Col)p:tor~. (Ommil-l,.;ions amP!Id{'d, ~B I:!;) . . . . . . . . . . . - . . . . . . :!X:!. ann. :w!!. ;):)7

Taxation Study. authori:~wd SR !14-117 A . . . . . . . . . . . . . . . . . . . __ . . . . . . . . . . . . ___ . . . . .

:!57

Tax1s. <"ollpctiun ~u~pPndPd. HB 7a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HUI. tilX-1!1. ltUH

TaxP~. joint tommittPt tu :-otudy. SR :l-!117A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:U)7

Taxi Cnh!"l. cfpJl\pr ))H~Sf'll~PJ' tn d(:.:tination. HB a77 . . . . . . . - . . . . . . . . . Xl:.!. Hf>l. )()UJ-0~. 1UlK

TPmp)(', an:lC'IHt chaJ'tPI'. HB 5-t-:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . 4H:!, 617, 5-tO

T("IIDay St~!-lion, :uljumtwd sin< diP, HR :..W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

!)U

Tf'II-Day St"~~iun. tn !'('('('~~- HR 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a5. :u;

Tennilh.. ahuli!-~.h watf'J' tommi~sion. HB :.!44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lU:!. ~=~-t. :!7'5

Thomas Co.. ('OUI't J"f)mrt~ to 01dinary. HR lf).;!5UA . . . . . . . . . . . . . . . . . . . . . . . . 575. t;:!:.!. Bf>a

Thomal-i Co .. $5700 appropriation, HR l:!a-715C . . . . . . . . . . . . . . . . . . . . . . . . . . . n.~n. O!la. lO:l~lla

TimhEt'. 1nuhihit ('lltting of. Sll H4: .................. , .!!O;J. :!.Sti. :$HlH~

~occoa, amend charter, HB -1..17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;J(J(J, ..150, -178

INDEX

1119

Toombs Co.. amend R & R A~t. HB flR1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6R3. '776, 818

a:-1. Tourist Camp~. r('~iso:;tratiun of gue-~t:ot. SB ~1 . . . . . . . . . . . . . . . . . . . . . . . . . .

61. 13fl. 414, 427

Towns & f"nion Cu .. hnuudary Lim. HB .J-5U . . . . . . . . . . . . . . . . . . . . . . . . . , ....... 572, 589. 627

TI'a<.'h:lp"":;: TIollC',rl'. rpg-ulatPd a" stn<t <aJ'K,

HB :!ll:! ....................................... 81:!. 981. l!lf;:J-6-l, 1073. 10R1-8Z, 1104

Tta<"'kll'l!-i~ Trollf'~'!o\, n~t-iohrtion to ill\'f'Mth:atP. SR 1~ .. , . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 58. 1047

Tra\'f>ling CommittNs, not limit(d. ~R -lH-178A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

445

Tres1ta:~. df'fin~ 'irwlos\ll't~ ... SB 174 . . . . . . . . . . . . . ,.: . . . . . . , . . . . . . . . . . . . . . . . . . . . .

444

u

'CnE"mploympnt Comp"nsation. c'("l'tain tax(>~ sURpPndPd. SB 46. . . . . . . . . . . . . . . . . . . . . . . .

79

rmmploynwut Comppnsation Law. alllf'IHIPd. SB -14 ............. :!HO. a:!H-4U. 7-14. 749-51

Pnion Co.. <'I'Pate- R & R hoartl. HB :JH7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2tl7. !JOl. !J20. 407

rnion Co .. PlPtion~. HB 50ti . . . . . . . . . . . . . . . . . . . . . . . . , ... , . . . . . . . . . . . . . . . . . . OH2. H2-l. 8B7

rnhcT~ity of Ga.. frep tuition for tP:uhe-rs. SB IUa . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . 508, 562

llni\pr~ity of Ga.. lll'cnid< \'Ptcl"iuar:r (onr~e. SB IX:~, ... , . . . . . . . . . . . . . . . . . . . . . . 4HH. 5:30, R05

rni\'PI'l'lit;\ of Ga .. ~wholaa~hip~ fol' rural vhy~ieians. SB lH-l..........................

508

rnsu1tf Bonds. lurw cf(struy(d. HB ti'il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6M:!. 776. 1019

rsury. d(hupd llllil-lall('P, SB 114... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

255

t:stuy. U J)er <'{'llt Jp~al ratP interpst. SB 216. . . . . . . . . . . . . . . . . . . . . . . . . .

64:3

v

Va~an~~. dpfinPd. HB 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400. 422. 494 Van WPrt. anwn<l A<t irworpnratinl'". HB 70!J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0114. 703, 756 YPrulinc- ::\'laf'hirlP!-1. taxt>tl. Hn 505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tl5H. 702. H82-R3 Villa Ri~a. amPnd <hart~. HB 511-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5111. 50:i. 5!14 VntC"rs Itl~ntifitation Boult. SB 17:!., . . . , . . . . . . , , . . . . . . . . . . , .. , . H:l. 515. tl!l5, fiSH. 1003-04

w

W & A CommittPP RPPOI"t. h'"pPPtion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

763

"'aliH'l', \V. 'WaynP. thank~ f01 auto ta:.r~........................................

~!!7

\VaJiu-r Co .. (')('J')( fur <"ommi:-:~iOIWI'. HB 1 U:J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HiM, Hl3. 212

"aJJ.wr Co., l'f'thi<f' ~lwl'iff's !waul. HB ~:!1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1fW. 1n-1:. 212

W"Itun Cu .. mnmiiun t"x ull<ttm. HB 57!1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75!1. II!J5. !J:H

" 7 a:oohim:ton City Comt. ,.~tahlh;h. HB 'i:J~! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ala. U5a. fJRO

Wahinl'"tun Cu.. an<lill::t"" lm Gtn..ral A,~mhly. HB :11-1 ................. :!IH. :!!1!1. :n6

\Va~hinJ!'ton Cn .. compPu:-<ati(IJI tax ,ummis:-~ionC'I". HB .J:X7 . . . . . . . . . . . . . . . , . . . . 450, 4U!!. 0,2-1--25

"a~hiug-ton L<':.rhdatmt-. <ott.on sc'd tax. SR H0-~1-!A . . . . . . . . . . . . . . . . . . . . . . . . . . H-:1:4. 80:1-04

\\:ttPI' Rat.Ps. Puhli1 Hcr'\'i<P Cumnri:.;:ooiun to :.;('t, HH !!XU .. U5fi. US:!. HW5. 104i7. 107-l. 10R:-J. 1104

\Vat~on. Thoma~ E .. l'<'tlll(':-:till~ nwnwrial !-~tamp. HR fifi.:~;.!UD . . . . . . . . . . . . . . . . . !HW. 4!1:J. 1020

\V:t;\'(ro~:o; Judirinl Cii'IUit. aholh:h r('f" ~y:.;tpm, Hn f)!J!) .. 75!), R22. 898

"'ph:-;ttt Cu .. ndu<P :o;hPI'iff':-: hond. HB -1:1n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ao-1:. -1:2!!. 454

\\'thrhts & :MPasUI't's. ~tand;!t'ds. HB -1-H:! . . . . . . . . . . . . . . . . . . . . . , .. U5f:i. HUL 1055

"''"hrhts & :\IPa!-lurpo:, ,..:tanclartls. ~H :.!1:-\ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . u-1::~. S!!l. B25

"'h<P1PI' Co .. :J tt>l'nl!-l Supprior Court. HB H55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BS:!. 77U. 817

Wh<<'IPr. Jot Hil'"hw,y. HR 111:!-5!1:1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !15!1. II!J:l. 1115!-1

":-hitp Co .. furni!-~h <'OUI't nport~. SR 0'!-:.!:!:i . . . . . . . . . . . . . . . . . . . . . . . . . . . . IHH. 77:L H05. 1002

\\.-hitf' Co .. R & R hoard <rf"i:ttt'd. SB :.!:01 . . . . . . . . . . . o o o 585. 6-12, 679

7 \\

hitfiP1d

Cn ..

''1HII1~t

<nmJWH~>"ation

Ordinur~.

HB

510. . . . . . . . . . . . . . . . . . . . . . . . . .

572

,~hlhanlt~. JnnP:-1-. Reynolds. sunty nn hcmd HR la~-74:.!C . . . . . . . . . . . . . . . . . . . . . . 7H:J. R!Hl. uan

\nlfox Co.. aholi~h Tax Rf'<. & Cui.. HB ;!H5 ....... ,;.!04, -:l!J:!. 5!!-l. U~H. HUH. 1011. 105!)

,,~il<ox Co .. aholi:-oh ti'P<l!ot\JI'('I'. HB :!U4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!O.J:. 40:!. 5!!a-:!~. B:n

'\\'ilcox Co.. chanJrc tnNtinJ.r R & R board. HB 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . -151. 4:U2. 525

Will<<' Co .. ~"titntion b~ Hil'"hway BoaI. SR .1:!-H.!A . . . . . . . . . . . . . . . . . . . :!4!1, 4-t!J. 57!), 1105

'Vilkinson Cu .. offidal orJ,rau. HB 5U:J . . . . . . . . . . , . . . . . . 0 0 0

572

'Yillh.iP. \V"1Hh11. invit('(l to G(onria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5R4:

\\'inf'. A<:t. aJHPIIdNI to incrNl~P tax. ~n 74 . . . . . . . . . . . . . . . . . . . . 1aH. !!05. !!77. lOHU. 1071-7:-J

,

7 ,

0nl(>ll

Jurors.

tu

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for.

SH

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(il,

150.

242

'"ood. Thoma~ Bramlf'tt. l>irthda\ I'C'l-lolntion......................................

5!i2

Wmth Cu.. anwml R & R A<"t. HB -!:$:! . ................... :JU5. 4:!:i. 455

WMth Cu .. R & R buanl. SB JIIK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :!H. ~IJH. 421i-2!l

''ri~ht~\iJl(>. amend chartr-r. HB H2a . . . . . . 682. 775, 817 0 o Wright"'iJlp Cit~- Court. amPnd A.-t. HB :J-111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::!H5. 300, al7