Journal of the Senate of the State of Georgia of the regular session of the General Assembly commenced at Atlanta, Monday, January 18, 1943

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
OF THE
TEN DAYS SESSION
AT THE
GENERAL ASSEMBLY
Commenced at ATLANTA, MONDAY, JANUARY 11, 1943
BowEN PRESS
Decatur, Ga.

OFFICERS
OF THE
STATE SENATE
TERM
1943-1944
FRANK C. GROSS, 31st District _______________________________________President
STEPHENs CouNTY
DAVIDS. ATKINSON, 1st District______________ President Pro. Tern.
CHATHAM CouNTY
HENRY W. NEVIN------------------------------------------------------------ Secretary
WHITFIELD COUNTY
LAM0 NT SMITH----------------------------------------------- Assistant Secretary
TATTNALL CouNTY
GROVER BYARS_______________________________________________ Assistant Secretary
FLOYD CouNTY
E. BISMARK MOORE_______________________________________________ Calendar Clerk
DEKALB CouNTY
ROBERT L. PATTEN, II.------------------------------------------- Message Clerk
LANIER CouNTY
REV. M. F. WALDEN--------------------------------------------------------- Chaplain
HABERSHAM COUNTY
SID WILLIAMS --------------------------------- ----------------------------- Messenger
MERIWETHER CouNTY
A. PERRY GRIFFIN____ ________________________ ____ _________________ Doorkeeper
DEKALB CouNTY

Senate Journal
Senate Chamber, Atlanta, Georgia. Monday, January 11, 1943.
The senators-elect of the General Assembly of Georgia for the year 1943-1944 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Honorable Lindley W. Camp of Fulton county, secretary of the Senate.
The invocation was offered by Rev. M. F. Walden of Clarkesville, Georgia.
The following communication from the Honorable John B. Wilson, secretary of state, certifying the senators-elect in the general election of 1942, was received and read:
State of Georgia Department of State John B. Wilson, Secretary of State
Atlanta
January 11, 1943.
Secretary of the State Senate, State Capitol, Atlanta, Georgia.
Dear Sir: I am transmitting herewith the names of the Senators elected in the general
election held November 3, 1942, to represent the various Senatorial Districts in the State of Georgia as the same appear from the consolidated returns of said election which are of file in this office.
I am also transmitting herewith the consolidation of votes in a special election held in the Eighteenth Senatorial District to fill a vacancy caused by the resignation of Wilmer D. Lanier.
Very truly yours, John B. Wilson, Secretary of State.

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JOURNAL OF THE SENATE,

State of Georgia
Office of the Secretary of State
I, John B. Wilson, secretary of state of the State of Georgia, do hereby certify, that one page of typewritten matter hereto attached contains a true and correct list of the members of the Senate of the General Assembly of the State of Georgia elected in the general election held the third day of November, 1942, as the same appear from the consolidated returns of said election, which returns are of file in this office, the number of the Senatorial District being given opposite the name of the senator elected from said district.
In testimony whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-three and of the Independence of the United States of America the One Hundred and Sixty-seventh.
John B. Wilson,
Secretary of State.
(Seal)

1. David S. Atkinson 2. J. Clifif Kennedy 3. Harley W. Jones 4. Oscar E. Raynor 5. Jack Williams 6. J. H. Kennon 7. Jeff A. Pope 8. J. M. Simmons 9. J. M. Clements 10. C. C. Ansley 11. R. L. Boyett 12. G. 0. Kaigler 13. W. H. Martin, Sr. 14. R. T. Cooper 15. W. J. Peterson 16. W. H. Lovett 17. Walter W. Harrison 18. Wm. M. Lester 19. Joel H. Terrell

STATE SENATE
1943-1944
20. Marion Ennis 21. James D. Shannon 22. Luther U. Bloodworth 23. J. W. Bloodworth 24. M. R. Hollis 25. H. C. Kimbrough 26. D. J. Arnold 27. J. T. Preston 28. W. T. Bacon 29. J. E. Eubank 30. G. F. Whitworth 31. Frank C. Gross 32. G. H. Moore 33. W. W. Stark 34. Wm. T. Dean 35. J. Walter Estes 36. Henry C. Arnall 37. L. J. Brock 38. R. E. L. Whitworth

MONDAY, JANUARY 11, 1943

7

39. Alpha Fowler
40. Orsbon L. Foster
41. H. W. Hampton 42. Claude C. Pittman 43. J. 0. Dantzler 44. Elbert Forester 45. Otto Griner

46. Lewis H. Oden
47. G. W. Newton
48. S. C. Byrd 49. J. A. Thigpen
so. R. M. Hall
51. R. A. Ingram 52. G. Everett Millican

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

Secretary of the State Senate,
State Capitol,
Atlanta, Georgia.
Dear Sir:
I hereby certify that a special election was held in the Eighteenth Senatorial
District of the State of Georgia the 6th day of January, 1943, for the purpose of electing a Senator to represent said district which is composed of Richmond, Glascock: and Jefferson counties, and that the consolidated returns of said special election, which are of file in this office, show the following result:
For Senator from Eighteenth State Senatorial District: Richmond County, Wm. M. Lester received________________________________ 3626 votes Glascock: County, Wm. M. Lester received____________________________________ 51 votes Jefferson County, Wm. M. Lester received____________________________________ 91 votes

Wm. M. Lester received____________________________________________________________ 3768 votes
Given under my hand and official seal this 11th day of January, 1943. John B. Wilson, Secretary of State.
The senators-elect presented themselves at the secretary's desk as their districts and names were called, where Chief Justice Charles S. Reid and Associate Justice W. H. Duckworth of the Supreme Court of Georgia administered to them the oath of office.

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JOURNAL OF THE SENATE,

Senator Whitworth of the 38th, being absent, was not administered the oath of office on this date.
The secretary announced that the next order of business was the election of a president of the Senate.
Senator Atkinson of the 1st nominated Honorable Frank C. Gross, the senator from the 31st. The nomination was seconded by Senator Pittman of the 42nd and Senator Forester of the 44th, and upon motion of Senator Simmons of the 8th, the nominations were closed.
Senator Atkinson of the 1st 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 Honorable Frank C. Gross as president. The consent was granted and the secretary declared Senator Gross elected by unanimous vote of the Senate.
The secretary appointed as a committee to escort the president-elect to the president's stand: Senators Stark of the 33rd, Lester of the 18th, and Kennedy of the 2nd.
Upon being presented to the Senate by the secretary, the president addressed the members in appreciation of his election as presiding officer.
The next order of business being the election of a secretary of the Senate, Senator Dantzler of the 43rd nominated Honor~ble Henry W. Nevin of Whitfield county. The nomination was seconded by Senators Millican of the 52nd, Pittman of the 42nd and Arnall of the 36th.
Senator Simmons of the 8th moved that the nominations be closed and the motion prevailed.
Senator Pope of the 7th then asked unanimous consent to dispense with the call of the roll and instruct the secretary to cast the unanimous vote of the Senate for Mr. Nevin, and the consent was granted.
The president declared Mr. Nevin elected secretary by unanimous vote of the Senate.
The president appointed as a committee to locate and escort the secretary-elect to his desk, the following: Senators Dantzler of the 43rd, Arnall of the 36th and Millican of the 52nd.
Secretary Nevin was administered the oath of office by the president.
Upon being presented to the members by the president, the secretary addressed the Senate, expressing his appreciation of the honor conferred upon him.
The following resolutions of the Senate were read and adopted:

MONDAY, JANUARY 11, 1943

9

Senate Resolution No. 1. By Senator Atkinson of the 1st:
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 Frank C. Gross of the 31st as president, and Honorable Henry W. Nevin of Whitfield county as secretary, and is ready for the transaction of business.
Senate Resolution No. 2. By Senator Atkinson of the 1st:
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, Senators Pope of the 7th and Thigpen of the 49th.
Senate Resolution No. 3. By Senator Atkinson of the 1st:
A resolution adopting the rules of the 1941-1942 session of the Senate as the rules for the 1943-1944 sessions.
Senate Resolution No.4. By Senator Atkinson of the 1st:
A resolution providing for a joint session of the Senate and House of Representatives at 10:30 o'clock Tuesday morning, January 12, 1943, for the purpose of canvassing and publishing the election returns, as provided by law.
Senate Resolution No. 5. By Senator Atkinson of the 1st:
A resolution providing that a joint committee of five be appointed, two from the Senate and three from the House, to arrange for the inauguration ceremonies for the Governor at 12 o'clock, noon, Tuesday, January 12, 1943.
The president appointed as a committee on the part of the Senate, Senators Ingram of the 5th and Terrell of the 19th.
Senate Resolution No.6. By Senator Atkinson of the 1st:
A resolution providing for rules to govern appointment of Senate attaches and fixing their per diem and pay.
The following assistant secretaries and attaches of the secretary's office were administered their respective oaths of office by the president: Lamont Smith, Grover Byars, Mrs. Henry W. Nevin, Mrs. Lamont Smith, Miss Maurice Whaley, Robert Fatton II, E. Bismark Moore, Mrs. Dorothy Broadrick, Mrs. Mary Pittman, Miss Eugenia Paxson.

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JOURNAL OF THE SENATE,

Senator Lovett of the 16th presented a resolution to the secretary's desk.

The president ruled the resolution out of order at this time.

The next order of business being the election of a president pro tempore of the Senate, Senator Terrell of the 19th nominated Honorable David S. Atkinson, senator of the 1st. The nomination was seconded by Senators Pope of the 7th and Lester of the 18th. Senator Simmons of the 8th moved that nominations be closed and the motion prevailed.

Senator Bloodworth of the 22nd 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 Atkinson as president pro tempore. The consent was granted and the president declared Senator Atkinson duly elected president pro tempore by unanimous vote of the Senate.

The president appointed as a committee to find and escort Senator Atkinson to the president's stand the following senators: Forester of the 44th, Shannon of the 21st and Terrell of the 19th.
The president presented the president pro tempore to the members of the Senate and he responded with expressions of appreciation for the honor he had received.

The president announced that the next order of business was the election of doorkeeper of the Senate.
Senator Dean of the 34th nominated the Honorable A. Perry Griffin of DeKalb county.

Senator Lester of the 18th moved that the nominations be closed, and the motion prevailed.

Senator Dean of the 34th asked unanimous consent that the call of the roll be dispensed with and that the secretary be instructed to cast the unanimous vote of the membership for Mr. Griffin as doorkeeper. The consent was granted and the president declared Mr. Griffin duly elected as doorkeeper by unanimous vote of the Senate.
The president appointed as a committee to find and escort Mr. Griffin to the president's stand the following senators: Dean of the 34th and Harrison of the 17th.
The president presented Mr. Griffin to the members of the Senate and he responded with expressions of appreciation for the honor he had received.
At this time the president introduced to the Senate Miss Eloise Estes, daughter of Senator Estes of the 35th.

MONDAY, JANUARY 11, 1943

11

The next order of business being the election of a messenger of the Senate, Senator Arnall of the 36th nominated the Honorable Sid Williams of Meriwether county. The nomination was seconded by Senator Harrison of the 17th and Senator Raynor of the 4th.

Senator Simmons of the 8th moved that the nominations be closed and the motion prevailed.

Senator Foster of the 40th 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 Mr. Williams as messenger.

The consent was granted and the president declared Mr. Williams duly elected as messenger by unanimous vote of the Senate.

The president appointed as a committee to find and escort Mr. Wililiams to the president's stand the following senators: Raynor of the 4th, Preston of the 27th and Kennedy of the 2nd.

The president presented Mr. Williams to the members, who expressed his appreciation for being elected to this post.
The following resolution was read and adopted:
Senate Resolution No. 7. By Senators Atkinson of the 1st, Terrell of the 19th, and Ingram of the 51st:
A resolution providing for the joint session of the Senate and House of Representatives at 12 o'clock Tuesday, January 12, 1943, at the Washington street entrance of the state capitol, for the purpose of inaugurating the Governor and providing for the inauguration program.

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

The president announced the Senate adjourned until tomorrow morning at 10 o'clock.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, January 12, 1943.
The Senate met pursuant to adjournment at 10 o'clock: this morning and was called to order by the president.
The president announced the appointment of Rev. M. F. Walden, of Clarkesville, as chaplain of the Senate.
Prayer was offered by the chaplain.

By unanimous consent, the reading of the journal was diispensed with.
The confirmation of the journal was carried over as unfinished business until the president appoints the Committee on Journals.
Senator Atkinson of the 1st asked unanimous consent that the Senate stand automatically adjourned at the completion of the inauguration exercises until 11 o'clock: Wednesday morning, and the consent was granted.
A message was received from the Governor through Mr. Carlton Mobley.
The president ordered the message filed with the secretary.
The following message was received from the House through Mr. McCutchen, the Clerk: thereof:
Mr. President: I am instructed by the House to notify the Senate that the House has organized
by the election of the Honorable Roy V. Harris of Richmond as speaker, and the Honorable P. T. McCutchen, Jr., of Fulton as clerk:, and is ready for the transaction of business.
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
S. R. No.2. By Senator Atkinson of the 1st: A resolution for the appointment of 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:
Messrs: Hand of Mitchell McCracken of Jefferson Gowen of Glynn

TUESDAY, JANUARY 12, 1943

13

S. R. No. 4. By Senator Atkinson of the 1st:
A resolution providing for a joint session for the purpose of canvassing elections and their returns.

S. R. No. 5. By Senator Atkinson of the 1st:
A resolution providing for the 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 of the House to wit:

Messrs: Rossee of Putnam Drake of Seminole Smith of Muscogee

S. R. No.7. By Senator Atkinson of the 1st:
A resolution that the House and Senate meet in joint session for the purpose of inaugurating the Governor.
The House has passed by the requisite constitutional majority the following resolutions of the House to wit:

H. R. No. 7. By Mr. Durden of Dougherty:
A resolution providing for the appointment of a committee to escort the Governor and the Governor-elect to the scene of the joint session for the purpose of inaugurating the Governor-elect.

The speaker has appointed as a committee on the part of the House, the following members of the House to wit:
Messrs: Hagan of Screven Swint of Spalding Mason of Morgan Branch of Tift Thurmond of Hall
H. R. No.8. By Mr. Durden of Dougherty:

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JOURNAL OF THE SENATE,

A resolution providing that the House and Senate recess for thirty minutes just before the time appointed for the joint session.

justice W. H. Duckworth of the Supreme Court of Georgia administered the oath of office to Senator Whitworth of the 38th.

The Senate recessed at 10:40 a. m., subject to the call of the chair.

The president called the Senate to order at 10:55 a. m.

Under Senate Resolution No. 7, the president appointed as a committee to escort the Governor-elect to the inauguration exercises, Senators Harrison of the 17th, Ansley of the lOth, Peterson of the 15th and Ingram of the 51st.

The president introduced his wife, daughter and son to the Senate.

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, called for the purpose of canvassing and publishing th~ vote of the general election of 1942, 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.

The president appointed the following committee of five tellers to canvass the returns from the last general election and to report back to the joint session:

Senators Pope of the 7th and Forester of the 44th on the part of the Senate; Messrs. Grayson of Chatham, Sills of Candler and Deal of Bulloch on the part of the House.
The committee submitted the following report:
January 12, 1943.
To the General Assembly of Georgia in Joint Session: We, your tellers, appointed to canvass the vote for Governor, and State House
Offices, as required by the Constitution, beg leave to submit the following report: For Governor: Ellis ArnalL................................................................. 62,220 For Governor: J. N. Foreman.............................................................. 687 For Governor: D. Talmadge Bowers.................................................. 1,702 For Secretary of State: John B. Wilson................................................ 62,952

TUESDAY, JANUARY 12, 1943

15

For Treasurer: George B. Hamilton---------------------------------------------------- 62,898
For Attorney General: T. Grady Head--------------------------------------------- 62,898 For Comptroller General: Homer C. Parker____________________________________ 62,903
We recommend that the candidates above named who have received a majority of the votes, be, and they are hereby declared, elected to their respective offices.
Respectfully submitted,
On the part of the Senate: Jeff A. Pope, 7th Elbert Forester, 44th
On the part of the House: Spencer M. Grayson, Chatham county F. H. Sills, Candler county D. L. Deal, Bullock county
The report of the committee was adopted.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
Th,e senators returned to the Senate Chamber and the Senate was called to order by the president.
The following resolution was read and adopted:
Senate Resolution No.8. By Senator Millican of the 52nd:
A resolution requesting that the Governor take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan.
BE IT RESOLVED BY THE SENATE, THE HOUSE CONCURRING, SO AS TO BECOME A CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY OF GEORGIA:
WHEREAS, on the 30th day of December, 1942, the Governor of the State of Georgia by executive order directed the payment of the entire balance of the loan obtainted from an agency of the United States Government for the erection of Tattnall Prison, which said loan according to its original plan was to be repaid in annual installments until the year 1986; and,
WHEREAS, the State of Georgia is faced with unusual conditions, on account of the present war, in the adjustment of its finances; and,
WHEREAS, it is deemed to the best interest of the State that the said loan for Tattnall Prison be carried out according to its original plan,

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RESOLVED: that the Governor be, and he is, hereby requested by the General Assembly of the State of Georgia, to take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan.
Senator Millican of the 52nd asked unanimous consent that Senate Resolution No. 8 be immediately transmitted to the House, and the consent was granted.
The president asked unanimous consent to allow the president pro tempore and floor leader, Senator Atkinson of the 1st, the chairman of the Finance Committee, Senator Simmons of the 8th, and the chairman of the Appropriations Committee, Senator Arnall of the 36th, to select their seats in advance of the drawing usually held. The consent was granted.
The president asked unanimous consent to also allow the following senators to select their seats, due to being physically handicapped: Senators Whitworth of the 38th, Pope of the 7th, Feterson of the 15th, Bloodworth of the 22nd, Stark of t;he 33rd, Brock of the 37th, Hall of the 50th, Kennon of the 6th, and Kaigler of the 12th. The consent was granted.
At this time the senators retired from the Senate Chamber for the drawing to be held in selecting their seats, except those senators previously authorized to select their seats in advance.
As the names of the senators were called by the secretary, the members reentered the Senate Chamber and selected their seats.
The hour for convening the joint session of the Senate and House to inaugurate the Governor having arrived, the president, accompanied by the secretary and senators, proceeded to the Washington street entrance of the state capitol, where the following inaugural exercises were carried out, in pursuance with the official pro.gram compiled by the Committee on Arrangements:
The president of tl;le Senate will preside over the JOmt session of the General Assembly, which will be convened on the lawn in front of the inaugural platform promptly at 11 :45 a. m.
Music will be furnished by the Statesboro High School Band.
Those to participate in the inaugural parade will assemble in the rotunda of the capitol at 11 :30 a. m.
The Governor-elect and his family will assemble in the Attorney General's office until escorted to the rotunda shortly before noon. This escort will consist of three members of the Senate and five members of the House-to be named by the presiding officers of those bodies.
The retiring Governor will remain in his office until escorted to the rotunda shortly before noon by his Adjutant General.

TUESDAY, JANUARY 12, 1943

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The procession will start from the rotunda promptly at 12:00 noon. The Victory Band will play the Processional March.
The order of the procession will be as follows:
1. Governor-Adjutant General
2. Governor-elect-Adjutant General-designate
3. Family of the Governor-elect
4. Escort Committees from Senate and House
5. All living former Governors
6. Chief Justice of the Supreme Court and Secretary of State
7. Justices of the Supreme Court and Court of Appeals
8. Following State House officials: George B. Hamilton-State Treasurer Homer C. Parker-Comptroller General T. Grady Head-Attorney General M. D. Collins-State Superintendent of Schools Tom Linder-Commissioner of Agriculture Walter R. McDonald-Public Service Commission. Allen Chappell-Public Service Commission Matt L. l\IIcWhorter-Public Service Commission James A. P'erry-Public Service Commission Perry T. Knight-Public Service Commission Clem L. Rainey-Prison and Parole Commission Judge Vivian L. Stanley-Prison and Parole Commission Royal K. Mann-Prison and Parole Commission Ben T. Huiet-Commissioner of Labor
9. Such distinguished guests as the Governor-elect may choose.
No one is to be admitted to the platform after the p.rocession starts. Cadets from the Georgia School of Technology to form a cordon from the rotunda to the platform to keep the aisle open. Sufficient seats (front rows) to be kept vacated for use of those in inaugural procession. All other guests already to have been seated when procession arrives.
Upon arrival of procession upon platform, the Victory Band will play the National Anthem. It will be sung by Miss Louise Dobbs.
Immediately following, the president of the Senate will announce the invocation by the Rev. J. W. Veatch, pastor of the First Methodist Church of Newnan.

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JOURNAL OF THE SENATE,

Following the invocation, the presiding officer will announce the administration of the oath of office of the Governor-elect by the chief justice of the Supreme Court.
At this juncture, the secretary of state will present the Great Seal to the retiring Governor. Then the chief justice will administer the oath to the new Governor. Whereupon the retiring Governor will present the Great Seal to the new Governor, who then will return the Great Seal to the secretary of state for its proper use, custody, and safekeeping.
The president of the Senate will announce that the Governor will now administer the oath of office to the newly elected Constitutional officers: (as follows, in this order)
Secretary of State-John B. Wilson
State Treasurer-George B. Hamilton
Comptroller General-Homer C. Parker
Attorney General-T. Grady Head
State Superintendent of Schools-M. D. Collins
Upon the conclusioon of the administering of the oaths of office, the president of the Senate will present the new Governor to the joint session of the General Assembly.
Upon the conclusion of his presentation, the Victory Band will play "All Hail the Chief."
At the conclusion of this piece, the Governor will speak.
Upon the conclusion of the Governor's speech, the band will play "God Bless America."
The president of the Senate will then announce the benediction by the Rev. Phillip James McLean, pastor of the Central Baptist Church of Newnan, after which the joint session of the General Assembly will stand adjourned.
This will conclude the inauguration, but the Statesboro High School Band will render selections until the crowd has dispersed.

STATEMENT BY GOVERNOR-ELECT ELLIS ARNALL
It is understood that the General Assembly will make plans for the inauguration exercises to be held on the lawn of the State Capitol on Tuesday, January 12th, at noon.
I wish to personally invite through the press all Georgians to attend the exercises.

TUESDAY, JANUARY 12, 1943

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In keeping with the national war effort and the emergency of the times, there will be no formal reception or ball. I do hope that every Georgian present will come by the Governor's office and let me shake hands with them immediately after the inauguration.
Ellis Arnall.
His Excellency, the Governor, addressed the joint sessiOn as follows:

INAUGURAL ADDRESS OF GOVERNOR ELLIS ARNALL
Mr. President, Mr. Speaker, Members of the General Assembly and Fellow Georgians:
Georgia was founded two hundred and ten years ago. Since that time, seventy men have served as Governor, the highest office within the gift of the people of the State. The number includes colonial, provincial, provisional, military and constitutional Chief Executives.
I deem it a great honor to be inaugurated G1>vernor of this, the Empire State of the South. Born in Georgia, I hope that it may be my lot to die here among the people I love and who mean so very much to me.

LOFTY IDEALS
Those patriots who preceded us as dwellers in our great State, looking ahead through the years, conceived it to be their duty to perpetuate the principles of free go,vernment, to insure justice to all and to promote the interest and happiness of the people. And so it was that they, relying upon the protection and guidance of Almighty God, covenanted together that they would transmit to posterity the enjoyment of liberty and democracy. Hence, came about the lofty ideals upon which Georgia's State Government was established.
SEVENTY-FIRST GOVERNOR
Upon our inauguration as the seventy-first Governor, we proclaim again the fundamental truths that all government, of right, originates with the people, is founded upon their will only and is instituted solely for the good of the whole.
Public officials are trustees and servants of the people, and, at all times, are amenable to them.
The legislative, judicial and executive branches of government must forever remain separate and distinct, and no person discharging the duties of one, should, at the same i:ime, exercise the functions of either of the others.
It will have been my proud privilege to have served in each of the coordinate constitutional branches of our State Government. In the Legislative, as a presiding officer for four years in the House of Representatives; in the Judicial, as

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Attorney General for four years; and now, in the Executive, as Governor for the first four year term. Georgia has been good to me!

APPRECIATE CONFIDENCE
On this occasion I am deeply conscious of the confidence which the people have placed in me by choosing me as Governor to serve them during the most critical till! in the history of our State. We must constantly endeavor by our acts and deeds to keep alive this confidence, to replenish it, to encourage its growth, to the end that the people of Georgia may feel that their government is as good as that of any State in the Union.
My election was brought about by a crusading determination on the part of the people that Georgia should have good government. I was only the instrument through which the people achieved their victory.
The new State administration will be the people's administration. It will not be dominated or controlled by any little crowd of scheming, selfish politicians or groups who clamor for special privileges which they want granted to themselves yet denied to others.

A BETTER DAY FOR GEORGIA
The people of Georgia are looking ~o this administration to steer the ship of State on a straighter course. They are looking to us in the hope that we may be able to inaugurate a new and a better day for Georgia.
Our success will depend upon the cooperation we receive from the members of the General Assembly and from the people themselves.
The new Assembly is composed of some of the finest of our citizens. It consists of a group of patriotic, sincere, hard-working Georgians, and I am confident that we may count upon the General Assembly to do those things which the people want accomplished.

COOPERATION WITH BUSINESS
The business people of Georgia, large and small, need have no fear of this Assembly or any membt:r of it undertaking to penalize them by aiming pernicious legislation at any legitimate business in Georgia.
This Legislature will be free from suspicion that any member of it would resort to "shake down" methods in dealing with legislation.
Business may justly have confidence in the present administration and, likewise, the members of the Assembly and the officials of the State, I believe, may feel assured that the bvsiness people of Georgia will be happy to cooperate with us in meeting and solving our State governmental problems.

TUESDAY, JANUARY 12, 1943

21

It is unfortunate that during recent periods when the State's revenue reached unprecedented all time highs that no surplus was put aside for a rainy day.
I am not critical of what has been done. I am willing to cheerfully accept the responsibility of undertaking to operate the State government, with the help of the General Assembly, efficiently, economically, honestly and well.

CRITICAL TIME
We take the State government at a critical time. The State debt stands at $35,961,630.38. The outlook for income yield from our tax system is indeed dark. Gasoline tax revenue continues to fall off drastically. Our income tax receipts, due to a State law authorizing Federal deductions, will. show a tremendous decrease. The uncertainties of the future are more uncertain each day, but we will do our best with a most difficult situation.
If the professional politicians force us into the corner, we will strike back by stating our case clearly before the bar of public opinion, and with the help of the people we will dissipate any obstruction that the politicians may attempt to place in our path.

TO VETO TAX INCREASE
I ,have pledged myself to veto any bill designed to increase taxes. Today, I .reiterate that pledge. This is no time for the St<;tte government to undertake to increase the tax load on our people who are already heavily burdened with increased Federal taxes-taxes which are necessary to successfully prosecute the war.
The most serious concern of us all is the winning of the war. A war that is intended to destroy our system of democratic government. A war that is intended to destroy our freedom, the pursuit of happiness and the independence of mankind.
The fight raging throughout the world is a conflict between the democratic concept of life and government and that_ of absolutism or dictatorship. The days which lie ahead will bring increased privation to our people. The State government, like individuals, will be compelled to retrench and economize but we shall do it gladly.

SUPPORT OF WAR EFFORT
So, I hope that the first order of business of the General Assembly will be to adopt a resolution committing the State administration to a policy of full and complete cooperation with the government of the United States and our Commander-inChief in the waging and the winning of the war.
The stern realities of this war are being brought home to us every day. Even just this morning we were shocked to hear of the loss of the United States Cruiser "Atlanta." I understand that a movement has just been launched in Atlanta to subscribe enough War Bonds to replace this battleship for the armed forces of our

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Navy. I commend this patriotic response on the part of Georgia.
It is hoped that the General Assembly will see fit to speedily enact a measure reorganizing the State Board of Regents together with a companion measure establishing a constitutional Board of Regents which will ever be immune and free from political interference and control.
When this is done, the University System of Georgia will quickly be restored to full fellowship in the various accrediting agencies and associations. I envy the General Assembly the privilege which is theirs of bringing about the restoration of standing to our beloved University System.
It is my recommendation that the State Board of Education be reorganized and a constitutional board speedily created.

EDUCATION IS OUR SOLUTION
Education is the hope of the future. It is the salvation of our people. It is the cure for ignorance, poverty, prejudice, hatred and demagoguery. Your new State admini!'tration will go "all-out" for education, for our teachers and for our boys and girls.

PARDON AND PAROLE
We urge the General Assembly to establish a modern and efficient Pardon and Parole System in our State, giving clemency power to a non-political board and taking it away from the Governor. This will require a statute and a constitutional amendment.
It is my recommendation to the Assembly that the law authorizing the Governor to remove the Comptroller General and the State Treasurer be repealed; that the State Auditor be elected by the Legislature ; that a representative Finance Commission be created to aid the Governor who will have the responsibility of keeping State expenditures within the limits of State income; that the General Assembly again make appropriations as the Constitution of our State provides; that the Governor be removed from membership on various State Boards and Commissions; and that the power be removed from the Governor to strike from the budget, arbitrarily and without just cause, the names of efficient State employees.

THE TEN-POINT PROGRAM
These proposals constitute, in effect, the ten-point program which the people ratified when they nominated and elected me Governor.
There are other legislative matters which, it seems to me, require favorable and prompt consideration by the General Assembly.

TUESDAY, JANUARY 12, 1943

23

TEACHER RETIREMENT
A system of teacher retirement should be submitted to the people in the form of a constitutional amendment for ratification. The men and women who spend their lives teaching our children, building their characters, developing their minds and furthering their interests, certainly deserve special consideration at the hands of the State.

LIMIT CAMPAIGN EXPENSES
It is my firm belief that the Assembly should enact a measure limiting campaign expenses for Governor in primary and general election contests.
It is outrageous that one is required to spend such a tremendous amount of money in order to be elected Governor of our State. Had it not been for an aroused public opinion, it would have been utterly impossible for me to have obtained the financial support which was necessary to win the governorship. We must not let it get to where only rich men can run for Governor. I believe the people of Georgia will applaud legislation limiting campaign expenses for this office.

ATTORNEY GENERAL POWER INCREASE
\V:e need to enlarge the power of the Attorney General so that he may be authorized to investigate irregularities in state departments and to stop corruption in state government whenever it shows its ugly head. The glaring defect in the laws of our State in this particular should be remedied.

OTHER PROPOSALS
It is my recommendation to the General Assembly that a non-political Game and Fish Commission be created and placed in control of the affairs of the Wildlife Department; that our State Patrol be reorganized along more economical and more efficient lines; and that our State Guard be improved and set up by specific statute.
The General Assembly has a fine opportunity to show the nation that we, in Georgia, stand behind the national government in the war effort by speedily enacting the defense measures which were passed by the 1941 Legislature but which never became law.
I recommend to the Assembly that it cause to be submitted to the people a constitutional amendment lowering the voting age in Georgia to eighteen. If our boys and girls at eighteen are old enough to fight and die for the freedom, liberty and blessings which are ours today, then certainly they are old enough to participate in the affairs of the government they serve.
Our administration must give sympathetic study to the problems of agriculture and must see to it that agricultural pursuits in Georgia are furthered and promoted.

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We must make our Veterans' Service Office more helpful to the veterans; we must increase the efficiency of Civilian Defense; we must keep in mind how very necessary is our public health work.
Our natural resources must be developed. Social security actiVIties and our eleemosynary institutions must be carried on as serviceably and as efficiently as possible.

FAIR TO LABOR AND CAPITAL
The State Government must be fair to capital, labor and "industry.
We must strive to attract to Georgia those who live beyond the borders of our state.
We must constantly work for the development of Georgia on a sound and progressive basis.
We align the new administration with the cause of intelligence, honesty, fairplay, decency and democracy. We will work against demagoguery, ignorance, hatred, prejudice and wrong doing.

NEW JOBS
I ask my loyal and true friends not to unduly bring requests to me for jobs. It is not our purpose to undertake to find employment for all of our friends by attaching them to the state payroll.
I urge the people to assist me in dislodging the idea that a state job is merely a hand-out with big pay and no work. I hope the people of Georgia, and my friends in particular, will discourage the political job seekers from monopolizing our time and embarrassing us with requests for employment-requests which cannot be granted.

WILL MAKE OWN APPOINTMENTS
I want it clearly understod that I intend to make my own apointments. No one is authorized to speak for me. It saddens me to realize that already lifelong friendships are being broken because I will not agree to appoint some particular friend to a public office. The people must help me, especially my friends, in being hardboiled about the job and appointment business. I ask your help in making it easy for me.
We will be compelled to retrench and cut to the bone. Extravagance must be discouraged. We must reorganize, consolidate, abolish and streamline many of our state departments.
State highway construction, through necessity, must be stopped.

TUESDAY, JANUARY 12, 1943

25

Those who took road contracts knowing full well that the state would not be in a financial position to fulfill them, and those who are now working so frantically in an effort to complete projects, knowing that the State Treasury is depleted, have need to be cautious. They acted and act at their own peril.

AN HONEST ADMINISTRATION
We will have an honest administration for the next four years.
If any citizen of Georgia learns of graft, irregularities or corruption in the state government, I want to know about it. Here and now I emphatically state that I shall be the first to expose anyone connected with my administration, no ;matter how near or dear to me he may be, who profits, racketeers, or thrives on unjust gains or "deals" at the state's expense. Not only will he be exposed but he will be swiftly punished.
No one need employ lobbyists to get the ear of those with whom they would confer. No one need employ emissaries to see the Governor. I will be available to the people, to the humblest and highest citizens of this state alike, at my offce in the State Capitol.

HOME LIFE
We will be glad to see our friends at the Executive Mansion when they come there socially, but I hope that our friends will realize that the Mansion will be our home and not a business office. Certainly, the Governor and his family deserve some degree of home life, small though that degree may be.
It is my sincere belief that if the General Assembly will speedily enact necessary measures and wind up its affairs prior to the time fixed by law for adjournment, the people of Georgia will feel that the Legislature and the Administration have rendered the type of workmanlike serious service which the times demand.
As Governor, I am going to take the General Assembly into my confidence and I hope that the members will take me into theirs so that we may better work together for the welfare of our state.

NO GENIUS
Since the election I have frequently told the people that I am no extraordinary man. I have no great capacity or great ability. I pose as no genius. I am just an ordinary fellow who wants to do a good job for Georgia. The time require a good job by us all.
I desire to thank those countless friends who so loyally campaigned to secure for me this chance to serve as Chief Executive.

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To the newspapers, the women, the students and the boys and girls of Georgia go my particular thanks.
On this day which marks the beginning of a new state administration which rises with bright hope; which rises with great opportunity for service; which rises with full realization that serious days are ahead and much needs to be done; I am conscious that the success of it, and my success, will depend upon holding fast to those things which are true, to those which are honest, to those things which are just, and to those things which are of good report.

WITH GOD'S HELP
In my heart, "I said to a man who stood at the gate of the years, 'Give me a light, that I may tread safely into the unknown,' and he replied. 'Go out into the darkness and put your hand into the hand of God. That shall be to you better than a light and safer than a known way'."
And so, with God's help, we will do our best for Georgia!
Under Senate Resolution No. 7, previously adopted, the JOint session of the General Assembly was dissolved and the Senate stood adjourned until tomorrow morning at 11 :00 o'clock.

WEDNESDAY, JANUARY 13, 1943

27

Senate Chamber, Atlanta, Georgia.

Wednesday, January 13, 1943.

The Senate met pursuant to adjournment at 11 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:

Ansley Arnall Atkinson Bacon Bloodworth, 22nd Bloodworth, 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis Estes Eubanks Forrester

Foster Fowler Griner Hall Harrison Hollis Ingram Kaigler Kennedy Kennon Kimbrough Lester Lovett Martin Millican Moore Newton

Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth, 30th Whitworth, 38th Williams Hampton Mr. President

Senator Dantzler of the 43rd 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.

The confirmation of the journal was carried over as unfinished business, until the president appoints the Committee on Journals.

Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today during the first part of and immediately following the period of unanimous consents:

1. Introduction of bills and resolutions.

2. First reading and reference of bills and resolutions.

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The consent vvas granted.

The follovving resolution vvas read and adopted:

Senate Resolution No.9. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Griner of the 45th, Hollis of the 24th, Kennedy of the 2nd, Ansley of the lOth, Boyett of the 11th, Kaigler of the 12th, Eubank of the 29th, Millican of the 52nd, Kennon of the 6th, Estes of the 35th, Bacon of the 28th, Brock of the 37th, Martin of the 13th, Stark of the 33rd, Hloodvvorth of the 23rd, Ennis of the 20th, Hall of the 50th, Whitvvorth of the 38th, Kimbrough of the 25th, Williams of the 5th, Dean of the 34th, Harrison of the 17th, Thigpen of the 49th, Peterson of the 15th, Lovett of the
16th, Simmons of the 8th, Pope of the 7th, and Lester oj the 18th:
A resolution by the Senate, the House concurring, that the General Assembly of Georgia adjourn its organization session sine die at tvvelve o'clock noon, Friday, January 15, 1943.

The folovving resolution vvas taken up for consideration:
Senate Resolution No. 10. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Griner of the 45th, Hollis of the 24th, Kennedy of the 2nd, Ansley of the lOth, Boyett of the 11th, Kaigler of the 12th, Eubanks of the 29th, Millican of the 52nd, Kennon of the 6th, Estes of the 35th, Bacon of the 28th, Brock of the 37th, Martin of the 13th, Stark of the 33rd, Bloodvvorth of the 23rd, Ennis of the 20th, Hall of the 50th, Whitvvorth of the 38th, Kimbrough of the 25th, Williams of the 5th, Dean of the 34th, Harrison of the 17th, Thigpen of the 49th, P'eterson of the 15th, Lovett of the 16th, Simmons of the 8th, P'ope of the 7th, and Lester of the 18th: A resolution by the Senate, the House concurring, that the General Assembly of Georgia convene in regular session at 10:00 o'clock a. m. Monday, January 18, 1943.

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

The resolution, having received the requisite constitutional majority, vvas adopted.
Senator Ennis of the 20th asked unanimous consent that Senate Resolutions No. 9 and No. 10 be immediately transmitted to the House. The consent vvas granted.
Mr. Hollis of the 24th District, chairman of the Committee on Engrossing, submitted the follovving report:
Mr. President:
Your Committee on Engrossing have read and examined the folovving bills

WEDNESDAY, JANUARY 13, 1943

29

and/or 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:
S. R. No. 8.
S. R. No. 9.
S. R. No. 10.
Respectfully submitted,
M. R. Hollis of 24th district,
Chairman.
The folowing bills and resolutions were introduced, read the first time, and referred to committees:
S. B. No. 1. By Senators Brock of the 37th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Lester of the 18th, Ennis of the 20th, Harrison of the 17th, Eubank of the 29th, Terrell of the 19th, Ingram of the 51st, Kennedy of the 2nd, Kennon of the 6th, Foster of the 40th, Dean of the 34th and Millican of the 52nd:
A bill to reorganize the board of regents of the university system of Georgia by abolishing the present board and by providing a new board; and for other purposes.
Referred to Committee on University System of Georgia.
S. B. No. 2. By Senators Pope of the 7th, Brock of the 37th, Gross of the 31st, Forester of the 44th, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Terrell of the 19th, Foster of the 40th, Kennedy of the 2nd, Ingram of the 51st, Dean of the 34th and Millican of the 52nd:
A bill to propose to the qualified electors for ratification or rejection an amendment of article VIII, section VI of the constitution by adding a new paragraph to provide for a board of regents of the university system of Georgia; to provide membership, appointment; and for other purposes. Referred to Committee on Amendments to the Constitution.

S. B. No. 3. By Senators Eubank of the 29th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Pope of the 17th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Foster of the 40th, Dean of the 34th, Kennedy of the 2nd and Kennon of the 6th.
A bill to reorganize the state board of education by abolishing the present

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board and by providing for a new board; to provide for the membership, appointment, qualification; term of office, tenure; filling of vacancies, powers and duties of the new state board of education; and for other purposes.

Referred to Committee on Education and Public Schools.

S. B. No. 4. By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Terrell of the 19th, Forester of the 44th, Millican of the 52nd, Bacon of the 28th, Kennedy of the 2nd and Arnall of the 36th:
A bill to propose to the qualified electors for ratification or rejection an amendment of article VIII, section II of the consittution by adding a new paragraph to provide for a state board of education; and for other purposes.
Referred to Committee on Amendments to the Constitution.
S. B. No. 5. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Arnall of the 36th, Kennedy of the 2nd and Bacon of the 28th:
A bill to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board .of pardons and parole; to provide that power to grant reprieves, pardons, paroles, commute penalties, remove disabilities and remit sentences shall be exercised by the state board of pardons and paroles; to provide that the Governor shall have right to suspend death sentences; and for other purposes.
Referred to Committee on State of Republic.

S. B. No.6. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Kennon of the 6th and Kennedy of the 2nd:
A bill to revise the laws relating to penal administration, pardons and paroles; to change the name of the prison and parole commission; to continue the present prison and parole commission in office; to take from the prison and parole commission all its powers and duties relating to pardons and paroles; to provide for the state board of prisons; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 7. By Senators Terrell of the 19th, Gross of the 31st, Atkinson of the 1st,

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31

Ennis of the 20th, Harrison of the 17th, Eubank: of the 29th, Pope of the 7th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th:
A bill to repeal an act to provide for the suspension of the state treasurer and the comptroller general; and for other purposes.
Referred to Committee on State of Republic.
S. B. No. 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Dean of the 34th:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office and the election of a state auditor; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 9. By Senators Lester of the 18th, Harrison of the 17th, Forester of the 44th, Bacon of the 28th, Arnall of the 36th and Kennedy of the 2nd:
A bill to establish a finance commission, the powers, duties, and members thereof; to provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget; to provide for filing of charges; and for other purposes.
Referred to Committee on State of Republic.
S. B. No. 10. By Senators Forester of the 44th, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Kennedy of the 2nd, Arnall of the 36th, Ingram of the 51st, and Millican of the 52nd:
A bill to democratize the administration of -certain boards, departments and authorities of the state government by removing the Governor as a member; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Foster of the 40th, Millican of the 52nd, Kennedy of the 2nd, Dean of the 34th:
A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.

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Referred to ~ommittee on State of Republic.
S. B. No. 12. By Senators Arnall of the 36th, Gross of the 31st, Atkinson of th~ 1st, Lester of the 18th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Bacon of the 28th, Kennedy of the 2nd, Ingram of the 51st, Foster of the 40th:
A bill to reorganize the state department of law by repealing code sections 14-1607, 14-1608, and 14-1609, relating to the department of law, attorney general, assistant attorneys general, employment of counsel, etc.; to create a department of law; to provide for an attorney general and assistants; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 13. By Senators Bloodworth of the 22nd, Gross of the 31st, Atkinson of the 1st, Forester of the 44th, Pope of the 7th, Eubank of the 29th, Terrell of the 19th, Ingram of the 51st, Kennedy of the 2nd, Bacon of the 28th, Arnall of the 36th:
A bill to abolish the division of wild life, the department of natural resources, office of commissioner of natural resources; to create a state game and fish commission, a director, and an inspector of coastal fisheries, provide for their appointment, tenure, compensation, powers and duties; and for other purposes.
Referred to Committee on Game and Fish.

S. B. No. 14. By Senators Bloodworth of the 23 rd, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th: A bill to provide the qualifications of the adjutant general of Georgia; to provide his official residence; and for other purposes. Referred to Committee on Military Affairs.

S. B. No. 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 4 1st, Pope of the 7th, Terrell of the 19th, Forester of the 44th:
A bill to amend section 18 of an act relating to abolition of board of control and transfer of its functions to the board of public welfare, so as to provide that the authority, powers, duties, supervision, etc., be transferred to state board of education; and for other purposes.
Referred to Committee on State of Republic.
S. B. No. 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Dean of the 34th:

WEDNESDAY, JANUARY 13, 1943

33

A bill providing 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.
S. B. No. 17. By Senators Millican of the 52nd, Atkinson of the 1st, Pope of the 7th, Harrison of the 17th, Terrell of the 19th, Forester of the 44th, Kennedy of the 2nd, and Bacon of the 28th:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; to fix the terms of the members thereof, their compensation and duties, to authorize the council to issue rules and regulations and to take over department merit systems in the state departments; and for other purposes.
Referred to Committee on State of Republic.
S, B. No. 18. By Senators Dean of the 34th, Ennis of the 20th, Harrison of the
17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Ingram of the 51st:
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.
S. B. No. 19. By Senators Foster of the 40th, Ennis of the 20th, Harrison o~ the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Ingram of the 52nd:
A bill to amend section 88-801 of the code of 1933 relating to registration by owners of explosives and obtaining a license authorizing ownership, possession and control of same by providing that the ordinary may refuse to issue a license upon finding of certain facts: to amend section 88-802 relating to registration before purchase of explosives; and for other purposes.
Referred to Committee on Military Affairs.
S. B. No. 20. By Senators Simmons of the 8th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Bacon of the 28th, Arnall of the 36th, and Millican of the 52nd:
A bill to amend section 32-1301 of the code of 1933 relating to authority of the Governor to borrow money for payment of public school teachers,

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execution of note or notes therefor and time of maturity, so as to provide that note given shall not mature later than last day of fiscal year of state; and for other purposes.
Referred to Committee on Finance.

S. B. No. 21. By Senators Arnall of the 36th and Ingram of the 51st: A bill to make the term of the commissioner of agriculture concurrent with that of the Governor; to provide the time for election; and for other purposes.

S. B. No. 22. By Senator Bloodworth of the 22nd: A bill to provide for the sale and transfer by guardians, administrators, executors, trustees and fiduciaries of notes and other evidences of indebtedness; and for other purposes.
Referred to Committee on General Judiciary No. 1.

S. B. No. 23. By Senator Bloodworth of the 22nd: A bill to declare leases of real estate for term longer than one hundred years to be grants in perpetuity; and for other purposes.
Referred to Committee on General Judiciary No. 1.

S. B. No. 24. By Senator Bloodworth of the 22nd: A bill to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are listed upon a stock exchange; and for other purposes.
Referred to Committee on General Judiciary No. 1.
S. B. No. 25. By Senator Bloodworth of the 22nd: A bill to amend an act aproved March 12, 1937, 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 other purposes.
Referred to Committee on General Judiciary No. 1.

S. R. No. 11. By Senators Gross of the 31st, Atkinson of the 1st, F'ope of the 7th, Forester of the 44th, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Terrell of the 19th, Foster of the 40th, Dean of the 34th, Kennedy of the 2nd, Millican of the 52nd:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war.
Referred to Committee on State of Republic.

WEDNESDAY, JANUARY 13, 1943

35

S. R. No. 12. By Senators Pittman of the 42nd, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Kennedy of the 2nd, Kennon of the 6th, Arnall of the 36th, Bacon of the 28th:
A resolution proposing to the qualified voters, for ratification or rejection, an amendment to paragraph XII of section 1 of article V of the constitution, which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to suspend sentences; to provide for a state board of pardons and paroles; and for other purposes.
Referred to Committee on Amendments to the Constitution.
S. ;B. No. 13. By Senators Gross of the 31st, Ennis of the 20th, Harrison of the
17th, Eubank of the 29th, Forester of the 44th, Pope of the 7th, Terrell of the 19th, Kennon of the 6th, Kennedy of the 2nd, Ingram of the 51st, Kaigler of the 12th, Ansley of the lOth, Foster of the 40th, Dean of the 34th, Peterson of the 15th:
A resolution to submit to the qualified voters at the general election a proposal to provide for taxation for a teacher's retirement plan; and for other purposes.

S. R. No. 14. By Senators Bloodworth of the 22nd, Forester of the 44th, Harrison of the 17th, Pope of the 7th, Kennedy of the 2nd, Ingram of the 51st, Arnall of the 36th:
A resolution proposing to the qualified voters, an amendment to article V of the constitution by adding thereto a new section and new paragraph; to create a state game and fish commission, a director, and to provide for their appointment, terms of office, compensation, powers and duties; and for other purposes.
Referred to Committee on Amendments to the Constitution.
S. R. No. 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the' 19th, Ingram of the 51th, Kennedy of the 2nd, Foster of the 40th:
A resolution proposing to the qualified voters of Georgia an amendment to paragraph II of section I of article II of the constitution relating to the qualifications of electors in this state, by providing for 18-year-old electors; and for other purposes.
Referred to Committee on Amendments to the Constitution.

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The president asked unanimous consent that the secretary be allowed to correct any typographical errors on the committee lists, and the consent was granted.
The president asked unanimous consent to make any necessary changes in the personnel of the committees before the lists of committees are sent to the printer, and the consent was granted.
The president announced the following standing committees of the Senate for the sessions of 1943-1944:

ACADEMY FOR THE BLIND

Bloodworth of 22nd, Chairman Shannon, Vice-Chairman Bloodworth of 23rd, Secretary
Bacon

Dantzler Ennis Estes Lovett

Foster, Chairman Newton, Vice-Chairman Oden, Secretary
Ansley Arnall Bloodworth of 23rd Boyett Cooper Eubank Griner

AGRICULTURE
Hollis Jones Kennedy Kennon Millican Moore Peterson Preston Simmons Thigpen

AMENDMENTS TO THE CONSTITUTION

Pope, Chairman Atkinson, Vice-Chairman Ennis, Secretary
Arnall Bloodworth of 22nd Brock Clements Dean Forester Ingram Kennon

Lester Millican Moore Oden Raynor Shannon Simmons Stark Terrell Thigpen Williams

WEDNESDAY, JANUARY 13, 1943

37

APPROPRIATIONS

Arnall, Chairman Harrison, Vice-Chairman Terrell, Secretary
Ansley Arnold Atkinson Bacon Bloodworth of 23rd Blodworth of 22nd Brock Dean

Ennis Eubank Forester Hampton Ingram Millican Moore Pope Preston Williams

Forester, Chairman Ansley, Vice-Chairman Raynor, Secretary
Atkinson Clements

AUDITING
Estes Griner Harrison Kennedy Terrell

Millican, Chairman Pittman, Vice-Chairman Thigpen, Secretary
Estes Foster

AVIATION
Fowler Hampton Lester Newton

BANKS AND BANKING

Arnold, Chairman Stark, Vice-Chairman Estes, Secretary
Arnall Atkinson Bloodworth of 22nd Brock Cooper

Eubank Forester Ingram Moore P'eterson Preston Simmons Thigpen

38

JOURNAL OF THE SENATE,

Williams, Chairman Hall, Vice-Chairman Griner, Secretary
Clements

COMMERCE
Hollis Lovett Martin

CONGRESSIONAL AND LEGISLATIVE RE-APPORTIONMENT

Newton, Chairman Hampton, Vice-Chairman Byrd, Secretary
Boodworth of 23rd Bloodworth of 22nd

Estes Jones Kennon Lester Simmons

Kennedy, Chairman Arnall, Vice-Chairman Williams, Secretary
Atkinson Bloodworth of 22nd Byrd Clements Dean Eubank Forester Griner Hall

CONSERVATION
Harrison Jones Kaigler Kennon Kimbrough Newton Oden Pope Preston Raynor Simmons Thigpen

Lovett, Chairman Jones, Vice-Chairman Fowler, Secretary
Arnold Bloodworth of 23rd

CORPORATIONS
Byrd Estes Ingram Martin Moore

WEDNESDAY, JANUARY 13, 1943

39

COUNTIES AND COUNTY MATTERS

Moore, Chairman Bloodworth of 23rd, Vice-Chairman Millican, Secretary
Atkinson Bloodworth of 22nd Dean Ennis Estes

Eubank Foster Griner Hampton Peterson Pope Raynor Terrell

Atkinson, Chairman Pope, Vice-Chairman Arnall, Secretary
Ansley

DRAINAGE
Foster Moore P'reston Thigpen

EDUCATION AND PUBLIC SCHOOLS

Eubank, Chairman Martin, Vice-Chairman Lester, Secretary
Arnall Arnold Bacon Bloodworth of 22nd Cooper Dean Estes Foster Griner

Hall Harrison Kennon Millican Newton Pope Preston Raynor Simmons Stark Whitworth of 30th Williams

Hollis, Chairman Bacon, Vice-Chairman Stark, Secretary
Hampton

ENGROSSING
Harrison Lovett Pope Whitworth of 38th

40

JOURNAL OF THE SENATE,

Boyett, Chairman Byrd, Vice-Chairman Jones, Secretary
Ansley

ENROLLMENT
Moore Whitworth of 30th Whitworth of 38th Williams

Simmons, Chairman Thigpen, Vice-Chairman Millican, Secretary
Ansley Arnold Atkinson Bacon Bloodworth of 23rd Boyett Cooper Dean

FINANCE

Forester Fowler Griner Harrison Ingram Kennedy Kimbrough Lovett Moore Pope Preston

GAME AND FISH

Bloodworth of 22nd, Chairman Kennedy, Vice-Chairman Eubank, Secretary
Ansley Arnall Atkinson Bacon Dantzler Foster

Hall Harrison Ingram Jones Moore Pope Raynor Whitworth of 30th Williams

GENERAL JUDICIARY NUMBER ONE

Terrell, Chairman Dean, Vice-Chairman Ennis, Secretary
Ansley Atkinson

Bloodworth of 23rd Bloodworth of 22nd Lester Pope Shannon

WEDNESDAY, JANUARY 13, 1943

41

GENERAL JUDICIARY NUMBER TWO

Stark, Chairman Pittman, Vice-Chairman Kaigler, Secretary
Arnold Bloodworth of 22nd

Forester Foster Kimbrough Moore Shannon

HALLS AND ROOMS

Byrd, Chairman Whitworth of 38th, Vice-Chairman Arnold, Secretary

Hollis Martin

HIGHWAYS AND PUBLIC ROADS

Oden, Chairman Ingram, Vice-Chairman Moore, Secretary
Ansley Arnall Arnold Atkinson Bloodworth of 23rd Brock Cooper Dantzler Ennis Eubank Forester

Foster Griner Hampton Harrison Kennon Newton Pittman Pope Preston Raynor Simmons Whitworth of 30th Williams

HISTORICAL RESEARCH

Raynor, Chairman Williams, Vice-Chairman Martin, Secretary
Fowler

Hampton Harrison Lester Whitworth of 38th

42

JOURNAL OF THE SENATE,

HYGIENE AND SANITATION

Hampton, Chairman Oden, Vice-Chairman Harrison, Secretary
Bloodworth of 22nd Brock Byrd

Cooper Dantzler Estes Hall Hollis Pittman

INDUSTRIAL RELATIONS

Dean, Chairman Lester, Vice-Chairman Forester, Secretary
Arnall Arnold Atkinson Bloodworth of 22nd Brock

Harrison Millican Pope Preston Simmons Stark Terrell

Kennon, Chairman Arnall, Vice-Chairman Eubank, Secretary
Ansley Atkinson Bloodworth of 22nd Brock Dean

INSURANCE
Ennis Forester Harrison Ingram Pittman Pope Terrell Thigpen

INTERSTATE COOPERATIVE COMMITTEE OF COUNCILS OF STATE GOVERNMENT

Preston, Chairman Dean, Vice-Chairman Ingram, Secretary

Arnall Lester

INTERNAL IMPROVEMENT

Hall, Chairman Peterson, Vice-Chairman Cooper, Secretary

Byrd Hollis Martin

WEDNESDAY, JANUARY 13, 1943

43

JOURNALS Dantzler, Chairman Lester, Vice-Chairman Whitworth of 30th, Secretary
Hampton

Thigpen Whitworth of 38th Williams

Estes, Chairman Arnold, Vice-Chairman Simmons, Secretary

MANUFACTURERS Boyett Cooper Hollis

MILITARY AFFAIRS

Bloodworth of 23rd, Chairman

Ennis

Dean, Vice-Chairman

Eubank

Pope, Secretary

Harrison

Atkinson

Millican

MINES AND MINING

Whitworth of 30th, Chairman Moore, Vice-Chairman

Hampton Kimbrough

Shannon, Secretary

Newton

Bacon

Whitworth of 38th

MOTOR VEHICLES

Griner, Chairman

Foster

Millican, Vice-Chairman

Kennedy

Preston, Secretary

Kimbrough

Ansley

Oden

Arnall

Peterson

Brock

Pope

Clements

Terrell

Dean

Williams

Eubank

MUNICIPAL GOVERNMENT

Ingram, Chairman

Kennedy

Kimbrough, Vice-Chairman

Millican

Bloodworth of 22nd, Secretary

Moore

Atkinson

Peterson

Forester

Pope

Fowler

Stark

44

JOURNAL OF THE SENATE,

Kimbrough, Chairman Lovett, Vice-Chairman Boyett, Secretary
Bacon Cooper Griner

PENSIONS
Harrison Kennon Raynor Whitworth of 38th Williams

PENITENTIARY

Pittman, Chairman Foster, Vice-Chairman Forester, Secretary
Arnall Bacon Bloodworth of 22nd Ennis Estes Eubank Griner Ingram Jones Kaigler

Bloodworth of 23rd Boyett Brock Cooper Dean Dantzler Kennedy Kimbrough Lester Peterson Pope Preston Thigpen

PRIVILEGES AND ELECTIONS

Jones, Chairman Kennon, Vice-Chairman Hall, Secretary
Bacon

Cooper Fowler Newton Whitworth of 38th

PRIVILEGES OF THE FLOOR

Peterson, Chairman Hollis, Vice-Chairman Clements, Secretary
Bacon

Eubank Kaigler Lovett

WEDNESDAY, JANUARY 13, 1943

Cooper, Chairman Estes, Vice-Chairman Peterson, Secretary

PUBLIC LIBRARY
Byrd Hampton

PUBLIC PRINTING

Bacon, Chairman Forester, Vice-Chairman Williams, Secretary
Dantzler

Griner Oden Peterson

Fowler, Chairman Stark, Vice-Chairman Atkinson, Secretary
Ansley

PUBLIC PROPERTY
Forester Foster Kennedy Pope

PUBLIC UTILITIES

Thigpen, Chairman Clements, Vice-Chairman Brock, Secretary
Atkinson Arnall Arnold Bloodworth of 22nd Eubank

Foster Fowler Kennedy Peterson Shannon Simmons Williams

PUBLIC WELFARE

Harrison, Chairman Brock, Vice-Chairman Lester, Secretary
Atkinson Arnall Bacon Bloodworth of 22nd

Cooper Kennon Moore Pope Whitworth of 30th Williams

46

JOURNAL OF THE SENATE,

Mr. President, Chairman Atkinson, Vice-Chairman Forester, Secretary
Ansley Arnall Bloodworth of 22nd Bloodworth of 23rd Dean Griner Harrison Kennon

RULES

Lester Ingram Millican Moore Newton Pope Pittman Preston Simmons Thigpen

SCHOOL FOR THE DEAF

Whitworth of 38th, Chairman Dantzler, Vice-Chairman Pittman, Secretary
Bacon Bloodworth of 23rd

Forester Kaigler Newton Oden

SPECIAL JUDICIARY

Kaigler, Chairman Bloodworth of 22nd,
Vice-Chairman Foster, Secretary
Ansley Atkinson Bloodworth of 23rd Dean

Ennis Estes Forester Griner Ingram Jones Pittman Stark

STATE OF REUBLIC

Lester, Chairman Atkinson, Vice-Chairman Pope, Secretary
Ansley Arnall

Forester Millican Moore Preston

WEDNESDAY, JANUARY 13, 1943

47

STATE SANITARIUM

Ennis, Chairman Brock, Vice-Chairman Arnold, Secretary
Bacon Bloodworth of 23rd Byrd

Eubank }(ennon Oden Peterson Whitworth of 30th

Ansley, Chairman Dantzler, Vice-Chairman Pope, Secretary
Atkinson Forester Foster Griner Hampton

TEMPERANCE
Harrison Ingram }(ennedy Pittman Preston Thigpen Whitworth of 30th Williams

TRAINING SCHOOLS

Clements, Chairman Raynor, Vice-Chairman }(ennedy, Secretary
Arnall Bloodworth of 22nd

Dantzler Ennis Forester Lester Williams

TUBERCULOSIS SANITARIUM AT ALTO

Martin, Chairman Brock, Vice-Chairman Oden, Secretary
Byrd Hall

Ingram Moore Newton Stark Whitworth of 30th

Shannon, Chairman Stark, Vice-Chairman Pittman, Secretary
Bacon Bloodworth of 23rd Byrd

UNIFORM LAWS
Dantzler Eubank Fowler Hall }(aigler

48

JOURNAL OF THE SENATE,

UNIVERSITY SYSTEM OF GEORGIA

Brock, Chairman

Foster

Ennis, Vice-Chairman

Griner

Fowler, Secretary

Hall

Atkinson

Martin

Arnall

Millican

Arnold

Moore

Cooper

Pittman

Dean

Shannon

Estes

Whitworth of 30th

Eubank

Williams

WESTERN & ATLANTIC RAILROAD

Forester, Chairman Kaigler, Vice-Chairman Kimbrough, Secretary
Bacon Bloodworth of 23rd Boyett Byrd Clements Dean Eubank

Foster Griner Harrison Martin Newton Pittman Pope Raynor Whitworth of 30th

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following res-
olution of the Senate to wit:

S. R. No. 8. By Senator Millican of the 52nd:
A resolution requesting that the Governor take the necessary steps to secure a return of the advance payment on the Tattnall Prison and reinstate the loan according to the original plan.

The House has passed by the requisite constitutional majority the following resolutions of the House to wit:
H. R. No. 18. By Mr. Durden of Dougherty: A resolution that the House and Senate meet in joint session for the purpose of hearing the budget message from the Governor, and that a joint committee be appointed to escort the Governor to the joint session.

WEDNESDAY, JANUARY 13, 1943

49

The speaker has appointed as a committee on the part of the House the following members of the House to wit:
Messrs: Gilbert of Glynn Nicholson of Richmond Mitchell of Monroe

House Resolution No. 11. By Messrs. Durden of Dougherty, Gowen of Glynn, Grayson of Chatham, McCracken of Jefferson, Burnside of McDuffie:
A resolution urging all citizens of Georgia to invest in war bonds the United States Treasury will order used immediately to float a new cruiser Atlanta upon the seas as a representative of the Empire State of Georgia.

The following resolution was read and adopted:
House Resolution No. 18. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Representatives at eleven o'clock a.m. on Thursday, January 14, 1943, for hearing the budget message of His Excellency, the Governor, and that a committee of five, two to be named by the president of the Senate and three by the speaker of the House, be appointed to escort the Governor to the joint session.

The president appointed as a committee on the part of the Senate, Senators Kaigler of the 13th and Martin of the 12th.

The following resolution was read and adopted.
' House Resolution No. 11. By Messrs. Durden of Dougherty, Gowen of Glynn,
Grayson of Chatham, McCracken of Jefferson and Burnside of McDuffie:

A RESOLUTION:
WHEREAS: The cruiser "Atlanta", which carried the name of the capital city of Georgia into the battle of the P'acific, has been sunk by enemy guns in the battle of the Pacific, and

WHEREAS: The Atlanta Constitution has launched a movement to urge the citizens of Atlanta and Georgia to buy war bonds, which will restore the name of Atlanta to those gallant engagements on the seas, and

WHEREAS: All citizens of Georgia, we know, are eager to continue this war to a quick completion that will be overwhelming to all the enemies of our nation.

so

JOURNAL OF THE SENATE,

THEREFORE, he it resolved by the House, the Senate concurring, we are in thorough and complete sympathy with this effort and we do hereby urge all citizens of Georgia to invest in war bonds the United States Treasury will order used immediately to float a new cruiser Atlanta upon the seas as a representative of the Empire State of Georgia.

Senator Ennis of the 20th asked unanimous consent that when the Senate adjourn today it stand adjourned until 10:30 o'clock tomorrow morning. The consent was granted.
Mr. Boyett of the 11th district, chairman of the Committee on Enrollment, suhmi tted the following report:

Mr. President:
Your Committee on Enrollment have read and examined the following hills and/or 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:

S. R. No.8.

Respectfully submitted,

R. L. Boyett, of the 11th district,

Chairman.

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following res-
olutions of the Senate to wit:
S. R. No. 9. By Senator Atkinson of the 1st and others: A resolution providing for the General Assembly to adjourn its organization session sine die at 12:00 o'clock noon Friday, January 15, 1943.

S. R. No. 10. By Senator Atkinson of the 1st and others: A resolution providing for the convening of the General Assembly in regular session at 10:00 a.m. on Moriday, January 18, 1943.
Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 10:30 o'clock.

THURSDAY, JANUARY 14, 1943

51

Senate Chamber, Atlanta, Georgia. Thursday, January 14, 1943.
The Senate met pursuant to adjournment at 10:30 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 Dantzler of the 43rd, 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.
The president asked unanimous consent that the journals of Monday, Tuesday and Wednesday be confirmed. The consent was granted and the journals were confirmed.
Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today during the first part of and immediately following the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. The consent was granted.
The following bills and resolutions were introduced, read the first time, and referred to committees:

S. B. No. 26. By Senator Harrison of the 17th: A bill to amend the housing authorities law, approved March 30, 1937 Georgia Laws 1937 pages 210-230; and for other purposes. Referred to Committee on Public Welfare.
S. B. No. 27. By Senator Harrison of the 17th: A bill to aid the prosecution of the war by authorizing housing authorities to develop housing for persons engaged in war industries; and for other purposes. Referred to Committee on Public Welfare.
S. B. No. 28. By Senator Harrison of the 17th:

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JOURNAL OF THE SENATE,

A bill to create a state director of housing; and for other purposes. Referred to Committee on Public Welfare.
S. B. No. 29. By Senator Millican of the 52nd:
A bill authorizing banks to establish office in contiguous cities without banking facilities in certain counties; and for other purposes. Referred to Committee on Banks and Banking.

S. B. No. 30. By Senator Millican of the 52nd:
A bill to amend the constitution to allow local constitutional amendments to be voted on only by counties affected ; and for other purposes.
Referred to Committee on Amendments to the Constitution.

S. B. No. 31. By Senator Pittman of the 42nd:
A bill to amend an act to prescribe and make more certain the fees of clerks and sheriffs of the superior courts of this state, in the matter of divorce suits before said courts; and for other purposes.
Referred to Committee on General Judiciary No. I.

S. B. No. 32. By Senators Pittman of the 42nd, and Forester of the 44th:
A bill to amend an act providing central daylight saving time for the state; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 33. By Senator Pittman of the 42nd:
A bill to amend an act to provide that all justices of the peace and notaries public, ex-officio justices may require a deposit of $2.45 in all civil cases; and for other purposes.
Referred to Committee on General Judiciary No. 1.
'
S. B. No. 34. By Senator Kennon of the 6th:
A bill proposing an amendment to article III, section II, paragraph I, of the constitution by increasing the number of senators to fifty-three and the number of senatorial districts to fifty-three; by adding a new senatorial district, to be known as the fifty-third senatorial district, which shall be composed of the counties of Lowndes and Echols; and for other purposes.
Referred to Committee on Congressional and Legislative Reapportionment.
S. R. No. 16. By Senators Eubank of the 29th and Raynor of the 4th:

THURSDAY, JANUARY 14, 1943

53

A resolution to inculcate the proper sense of discipline among the youth of school age; to provide for voluntary military drill for boys be instituted; and for other purposes.
Referred to Committee on Education and Public Schools.
The president asked unanimous consent that the Senate recess for ten minutes, and the consent was granted.
The hour of convening the joint session of the Senate and House under the pro visions of House Resolution No. 18, having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing the budget message of His Excellency, the Governor, 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 Excellency, the Governor, addressed the General Assembly as follows:

MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
Under the law of Georgia it is the duty of the Governor to prepare and submit to the General Assembly a budget for the ensuing period of operations and also to deliver to the Assembly a message which is explanatory of the proposed budget bills submitted to you for passage.
There is no need to call your attention to the serious, perilous, and uncertain conditions that confront the state because of the war which we are fighting in order to preserve democracy.

$35,961,630.38 DEBT
We inherit an appalling state debt in the staggering amount of $35,961,630.38; most of this must be paid during our administration.
This means that not only must we carry on current state operations but must manage somehow to save enough from our dwindling revenue to pay off this debt.
So you see the state's financial affairs are in a desperate condition. The outlook for a solution of our state's financial plight is indeed dark.

The state auditor has made an estimate of the anticipated revenue, which will be cited for you later, and at the same time he cautions us that during these uncertain

54

JOURNAL OF THE SENATE,

times it is practically impossible to estimate with any degree of accuracy thirty days ahead as to what the state's revenue will amount to.

Our losses in revenue up to this time have been caused by necessary regulations and enactments authorized by the United States Congress. We have no way of telling when additional rules and regulations will be necessary which will further curtail and reduce the state's income.
I believe that the wise and proper solution of our problem is to deal with the present situation and the anticipated revenue which we, under present conditions, may expect as the basis. Then if an emergency which is unforeseen should arise, it would be necessary to call the General Assembly into an extra session to cope with these emergencies.

;.

NO NEW TAXES

I sincerely believe that it is our duty to do our utmost to carry on the absolute essential functions of government without placing any additional tax burdens on the people of our state.

If the proposed appropriation bills I have submitted to you are favorably acted upon, I believe that we can carry on and I will assume the responsibility of undertaking to operate the state within the scope and provisions of the bills.

The amount of funds provided for each agency in the budget bills submitted to you have not been arrived at by any haphazard method or computation but are based strictly on the average cost of carrying on the work: of the various agencies over the period of the last four years.

INCREASED EXP'ENSES
In addition to the regular functions of the state, provision has been made to take care of the increased common school cost of $3,500,000.00 necessary to maintain the increase in teachers' salaries; provision has been made to meet the greatly expanded old age pension rolls on the present basis which entails an additional $1,605,000.00; provision has been made to pay to the counties the same amount of money which they would have received had gasoline rationing not gone into effect; provision has been made to maintain the state institutions, including Alto, at their present cttpacity, taking into consideration the greatly increased cost of food and supplies; provision has been made to continue the public health activities and the University system is provided for on a parity with previous years.
I am submitting to you two proposed appropriation bills. One covers the period from January 1. 1943, to June 30, 1943. The other to be effective with the fiscal year beginning July I, 1943, and ending June 30, 1944, but to remain in effect for each year thereafter until changed or modified by the General Assembly.

THURSDAY, JANUARY 14, 1943

55

NEED FOR SPEED
In connection with the budget bill for the six months' period, ending June 30, 1943, it is most urgent that this bill be passed immediately inasmuch as on January 1 the state reverted back to the appropriation act of 1937, and the expenditures which have been set up as of this date for old age pensions, common school teachers' salaries, the operations of Alto Sanatorium, the funds to the counties and the funds for defense activities are in no way in conformity with the appropriation act passed in 1937. That means that unless this six months appropriation bill is passed by this General Assembly by January 25th or the end of this month, it will be impossible to maintain payment of teachers' salaries, the counties and the other items referred to.

As stated, the amounts provided in this emergency appropriation bill have been set after considerable study of the expenditures of the various agencies over the last four years and I believe that the amounts provided are so absolutely fair and free from favoritism that not a single agency of the state will have just cause to approach the members of the General Assembly for an adjustment in the amounts provided.

In every case the amounts provided will cause the agencies to be compelled to watch their expenditures very closely, to economize and to cut to the bone but this is necessary and essential during these uncertain times.

ABOLISH ALLOCATIONS
The appropnatwn bills, which I am submitting to you, are epoch-making in that they do away with the obsolete, much violated system of allocations-a system which today if followed would greatly reduce the school equalization fund, the fund for counties and would wreck havoc with state operations. Specific appropriation for each of the agencies supported from funds of the state have been made.
The so-called "Grandfather Clause" which would work to a disadvantage at this time, because under present conditions it would be impossible to enforce a pro rata reduction in appropriations in the event of a deficiency in revenue, has been eliminated.

ENFORCE ECONOMY
However, to enforce as much economy as possible, there is incorporated in the bills a provision whereby the budget authorities may, with the cooperation of the Finance Commission, which I am requesting the General Assembly to create, make what savings are possible in the funds provided in these acts.
There are incorporated in the bills provisions whereby none of the funds made available can be expended except in accordance with budgets submitted and approved.

There is also a provision in the act providing that:

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JOURNAL OF THE SENATE,

"No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation made in this act unless the same has been included in the budget of the respective agency and approved as provided by law. Every expenditure or obligation authorized and incurred in violation of provisions of this section shall be void. Every payment made in violation of the provision of this section shall be deemed illegal and every official authorizing or making such payment, or taking part therein, and every person receiving such payment or part thereof, shall be jointly and severally liable to the state for the full amount so paid or received."

NO NEW HIGHWAY CONSTRUCTION
We make no specific provision in the bills for new highway construction but provision is made that in event surplus monies are received by the state which are in excess of the absolutely essential needs set out in the budget bills then the authorities have the right to make allotments from this surplus fund for highway construction purposes.
I very keenly feel, and I believe the public feels, that the state should hold down all construction of roads as much as possible so as to relieve the materials, transportation facilities, and labor for use in the war effort.
I strongly favor preserving as much funds as possible for highway construction purposes so that when this war is over, the State of Georgia will be in a position to inaugurate a large and expanded road building program which will stimulate business and give employment to our people and to many of the boys who are now away from home fighting that we may live.
AID TO COUNTIES
There is one other important step which I intend to take immediately and that is to give further aid to the counties by at once transferring the maintenance of roads to each county and to provide that each county shall receive as compensation for this service $150.00 per year per mile of state aid road mileage in the county. Not only will this aid the counties to carry on in these times, but it will relieve the highway department of a considerable amount of annual cost for the up-keep of the prison camps which it now maintains.
Before discussing the details of the appropriation bills which have been submitted to you, I would like to point out that the provisions made in the regular appropriation bill, which I hope the General Assembly will enact, are exactly twice the amount provided for each agency in the six months bill which you are urged to enact immediately, with the exception of slight changes in the items for public debt and interest. So, if you see fit to enact the emergency six months appropriation bill immediately as it is now written, then it will be unnecessary for the General Assembly to consume its time in going into detailed hearings on the annual appropriation bill. I desire to make this as a suggestion only in a sincere effort to assist you members of the assembly in saving as much time and trouble as possible because I know and respect the prerogative of the General Assembly to enact any appropriation bill it may desire.

THURSDAY, JANUARY 14, 1943

57

ENACT BILLS WITHOUT CHANGE
Before any changes are made in these bills as submitted I most urgently beseech you senators and representatives to give serious consideration to the passage of the bills as submitted.
If these bills are enacted into l~w. I will assume full responsibility for the successful financial operation of the state within the scope of these measures, in absence of some unforeseen emergency. If items and provisions are changed and the amounts are thrown out of line, the financial operation of the state will be your responsibility, but in either event I will do my best to give to the people a sound financial operation of state affairs.
To aid you in giving due consideration to the prompt passage of the appropriation act for the emergency six months ending June 30, 1943, which is absolutely essential at this time, I will give you the following pertinent information:
The bill as drawn makes provision for fixed appropriations to all agencies of the state totaling $22,481,150.00 for the six months' period.

LOSS IN GASOLINE TAXES

The actual state receipts in the same six months' period of the previous year have amounted to $32,657,971.57 and the loss in gasoline tax receipts for the six months' period on the basis of the present losses will amount to approximately $5,000,000.00 and it is estimated that 80'/C of the $5,000,000.00 annual loss in income tax caused by the exemption of federal taxes from state income tax, or $4,000,000.00 will be realized in this six months' period, leaving the estimated revenue for the period to be $23,657.971.57. Although we feel that this estimated amount is safe, we will still have to keep in mind that some additional federal regulations might be passed at any moment which would greatly curtail these funds.

For a summary of the appropriations provided in the emergency act for the six months' period, I give you the following:
Legislation ----------------------------------------------------------------------------------------------$ 250,000.00 Judicial Branch -------------------------------------------------------------------------------------- 202,500.00 Public Debt and Interest ---------------------------------------------------------------------- 3,065,000.00 Common Schools ------------------------------------------------------------------------------------ 8,427,200.00

(In connection with this item, this is the balance needed for the fiscal year ending June 30, 1943, to provide the amount of $19,000,000.00 needed to carry on the school activities including the teacher salary payments and the maintenance of the Equalization Fund for the six months' period.)

University System ---------------------------------------------------------------------------------(In connection with this item, there has been $300,000.00 advanced to the University in the previous six months' period

750,000.00

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JOURNAL OF THE SENATE,

in connection with the Naval Pre-Flight Training School and this advance with the $750,000.00 will make available to the U11iversity $1,050,000.00 for the six months' period.

Highway Administration ...................................................................... 225,000.00

Maintenance of Roads

1,000.000.00

Construction of Roads ..........................................................................
(As to the construction of roads, a provision has been made in the bill whereby if the income of the state is sufficient and in excess of the amount of funds necessary to maintain the essential functions, then this amount of funds will be available for apportionment for the construction of roads or for a reserve to be used for the construction of roads after the war.)

50,000.00

Grants to Counties for the Maintenance of Secondary Roads ........$ 2,150,000.00
(The amount provided in this item for the six months' period
will maintain the grants to the counties on the basis of $4,-
300,000.00 a year irrespective of the loss from gasoline taxes.)

Pubic Health Department .................................................................... 300,000.00

State Institutions including Alto Sanatorium and Prison System .. 1,425,000.00

Public Welfare ......................................................................................
(The amount provided for Public Welfare Department for the six months' period will maintain the pension rolls on the present basis.)

2,802,500.00

Confederate Pensions

270,000.00

Other Agencies whose operations produce Income for Maintenace 1,207,300.00

Other Agencies not producing Income but having general Government functions ................................................................................ 716,650.00

Total ................................................................................................$22,841,150.00
Analyzing the income of $23,650,000.00 which is estimated will be available to apply on this emerency six months' appropriation bill provided there is no further drastic curtailment in other sources is as follows:
Property, Professional, Poll and Intangible Tax ............................$ 1,140,000.00
Liquor Tax ----------------------------------- 1,650,000.00 Cigar and Cigarette Tax ------------------------------------------------------ 1,918,000.00 Corporation Tax ---------------------------------------------------------------- 399,000.00

THURSDAY, JANUARY 14, 1943

59

Income Tax -------------------------------------------------------------------------------------------(This is the amount of income tax that is estimated after applying the loss expected from federal income tax deductions.)

4,815,000.00

Inheritance Tax

217,000.00

Insurance Premium Tax ...................................................................... 949,000.00

Gasoline and Kerosene Tax ................................................................ 7,073,000.00 (This amount is the net after deducting the $5,000,000.00 anticipated loss in the six months' period.)

Beer Tax ................................................................................................ 980,000.00

Motor Vehicle Tax .............................................................................. 2,111,000.00

Occupation Tax .................................................................................... 410,000.00

Wine Tax

287,000.00

Miscellaneous Fees, Rents, Sales and Earnings ................................ 1,709,000.00

Total ................................................................................................$23,658,000.00
As stated before, the second appropriation bill which is submitted to you for consideration is for the full fiscal year beginning July 1, 1943, and ending June 30, 1944, with a clause for the continuation of the provisions therein for each year: thereafter until same has changed by action of the General Assembly.
This full year's bill is identical with the six months' appropriation bill with the exception that the amounts provided for the operations of the agencies are exactly double the amount in the special emergency six months' bill.
The amount of funds provided for the operations of the various agencies for this twelve months' period amounts to $45,716,900.00.
Based on the actual receipts for the last fiscal year which amounted to $58,893,568.09 and deducting the $15,000,000.00 annual anticipated reduction in gasoline and income taxes will leave $43,893,568.09 to apply in payment of the appropriation bill.
As you will note, the provisions for the absolute essential activities with no road construction as provided in the bill requires $1,900,000.00 more funds than the anticipated income based on present and federal control orders.
TO BALANCE BUDGET
I hope that the reductions will not be as drastic as are anticipated and that we can finance the bill in full, however, if conditions do not justify this position, then I, as your Governor, with the cooperation and advice of the finance commission, which

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JOURNAL OF THE SENATE,

I ask you to establish, under the provisions of the bill will cut down on the expenditures authorized in it in such places as will not affect the main and essential functions of the state and by this action we will bring the budget in balance with income.

I want to again emphasize that the estimates of revenue are based on present conditions and are subject to drastic changes without warning, however, for the benefit of the taxpayers of this state, I am of the firm belief that it behooves us to use every means possible to curtail expenditures to such an extent that the state can live within its income as received.

Summarizing this annual appropriation bill by main functions, I will give you the following:

Legislation ............................................................................................$ 250,000.00

Judicial Branch - 405,000.00 Public Debt and Interest ...................................................................... 3,969,000.00

Common Schools -------- 19,000,000.00

University System ---------------- 1,800,000.00

Highway Administration --------------.. 450,000.00

Maintenance of Roads

2,000,000.00

Construction of Roads
(This item carries a provision whereby if the income of the state is in excess of the amount necessary to carry on essential functions, an allotment can be made for road construction from the funds thus available.)

100,000.00

Grants to Counties for the Maintenance of Secondary Roads________ 4,300,000.00

Public Health Department ------------------------------------- 600,000.00 State Institutions including Alto Sanatorium and Prison System .. 2,850,000.00

Public Welfare ----------------------------------------------------------- 5,605,000.00

Confederate Pensions -------------------------------------- 540,000.00

Other Agencies whose operations produce income --------- 2,414,600.00
Other Agencies performing general government functions requiring general appropriation ------------------------------------ 1,433,300.00

Total ---------------------------------$45,716,900.00

THURSDAY, JANUARY 14, 1943

61

Analyzing the $43,894,000.00 income which is anticipated will be available to apply on these appropriations, we have the following amounts after applying the $10,000,000.00 annual anticipated reduction in gasoline tax and the $5,000,000.00 anticipated annual reduction in income tax caused by the exemption of increased federal taxes is as follows:

P'roperty, Professional, Poll and Intangible Tax ..............................$ 4,844,000.00

Liquor Tax ............................................................................................ 2,970,000.00

Cigar and Cigarette Tax ...................................................................... 3,576,000.00

Corporation Tax .................................................................................. 430,000.00

Income Tax ............................................................................................ 6,286,000.00

Inheritance Tax .................................................................................... 543,000.00

Insurance Premium Tax ...................................................................... 1,016,000.00

Gasoline and Kerosene Tax ................................................................ 15,710,000.00

Beer Tax ................................................................................................ 1,904,000.00

Motor Vehicle Tax .............................................................................. 2,308,000.00

Occupation Tax .................................................................................... 541,000.00

Wine Tax

492,000.00

Miscellaneous Fees, Rents, Sales and Earnings ................................ 3,894,000.00

Total ................................................................................................$43,894,000.00

I have worked hard on these appropriation bills and have given them serious study in view of conditions over which we have no control. The state auditor has been most helpful to me in preparing the proposed budget bills and in furnishing necessary information. I feel sure that after the General Assembly has reviewed the proposals in detail, that you will enact the legislation as requested.

The Governor's office and the state auditor's office are delighted to place their entire staffs at your disposal and if there is any information that you desire which will aid you in the adoption of these measures with dispatch, it will be our pleasure to cooperate in every possible way.

Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.

The senators returned to the Senate Chamber and the Senate was called to order by the president.

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JOURNAL OF THE SENATE,

Senator Raynor of the 4th asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock tomorrow morning. The consent was granted.
Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.

FRIDAY, JANUARY 15, 1943

63

Senate Chamber, Atlanta, Georgia.
Friday, January 15, 1943.
The Senate met pursuant to adjournment at 11 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 Dantzler of fhe 43rd, 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 Millican of the 52nd asked unanimous consent that the following be established as the order of business for today during the first part of and immediately following the period of unanimous consent:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.
The consent was granted.
The following bills and resolutions were introduced, read the first time, and referred to committees:
S. B. No. 35. By Senator Millican of the 52nd:
A bill to provide that in all criminal trials, except when defendant enters a plea of guilt, the jury shall pass only on the guilt or innocence of the accused; to provide that the trial judge shall fix sentence in cases of conviction or plea of guilt; and for other purposes.
Referred to Committee on Judiciary No. 1.
S. B. No. 36. By Senator Arnall of the 36th:
A bill to repeal an act approved March 8, 1937, to establish a state planning board; to provide for the appointment of a chairman and members of the board; and for other purposes.
Referred to Committee on State of Republic.
S. B. No. 37. By Senators Hall of the 50th, Raynor of the 4th, Lester of the 18th and Eubank of the 29th:
A bill providing for courses in bookkeeping, shorthand and typewntmg in the tenth and eleventh grades or the last two years of the high schools of the state; and for other purposes.
Referred to Committee on Education and Public Schools.

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JOURNAL OF THE SENATE,

S. B. No. 38. By Senator Lester of the 18th:
A bill to repeal sections 40-206 of the code of 1933 providing for the suspension of the state treasurer or comptroller general; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 39. By Senator Moore of the 32nd:
A bill to repeal section 67-803 of the code of 1933 so as to provide for the giving of a bond, the giving of a pauper's affidavit in lieu of bond in case of statutory foreclosure; and for other purposes.
Referred to Committee on General Judiciary No. 1.

S. B. No. 40. By Senator Millican of the 52nd:
A bill to amend chapter 79-section 501, of the code of 1933, entitled "Change of names; manner; petition" by adding at the end of said section 501 a provision requiring publication in the county official organ; and for other purposes.
Referred to Committee on General Judiciary No. 1.

S. B. No. 41. By Senator Millican of the 52nd:
A bill to amend an act supplementing the funds of the county board of education of all counties having a population of not less than 200,000; and for other purposes.
Referred to Committee on Education and Public Schools.

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

Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to wit:

House Resolution No. 23. By Mr. Nicholson of Richmond:
A resolution by the House, the Senate concurring, that a committee of five be named, two from the Senate and three from the House, to notify His Excellency, the Governor, that the General Assembly has completed its business at its organization session and stands ready to adjourn sine die at 12:00 o'clock noon today.
The speaker has appointed as a committee on the part of the House, the following members of the House to wit:

FRIDAY, JANUARY 15, 1943

65

Messrs. Willoughby of Clinch, Cheshire of Colquitt, Knabb of Charlton.

Honorable Rush Burton, editor of the Lavonia Times, was introduced to the Senate by the president.

The president asked unanimous consent that the Senate recess subject to the call of the chair and the consent was granted.
The president called the Senate to order.

The following message was received from His Excellency, the Governor, through Honorable lH. E. Thompson, executive secretary:

Ellis Arnall Governor

M. E. Thompson Executive Secretary
State of Georgia Executive Department Atlanta
January 14, 1943

MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY: In compliance with the terms of S. R. No. 8, "A Resolution requesting that the
Governor take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan", it is my pleasure to advise the members of the House and Senate that I have dispatched to:
President Franklin D. Roosevelt Hon. Philip B. Fleming, Federal Works Administrator
Senator Walter F. George
Senator Richard B. Russell Congressman Hugh P'eterson Congressman Eugene Cox Congressman Stephen Pace Congressman Sid Camp Congressman Carl Vinson

66

JOURNAL OF THE SENATE,

Congressman John Gibson Congressman Robert Ramspeck: Congressman M. C. Tarver Congressman Frank: Whelchel Congressman Paul Brown a telegraphic message advising of the action of the General Assembly and urging that a return of the recent advance payment on the Tattnall Prison be made to the State of Georgia, and that the loan be reinstated according to the original terms which were advantageous to the state.
Respectfully submitted,
Ellis Arnall, Governor of Georgia.
January 15, 1943.
Mr. Boyett of the 11th 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/or 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 Governor:
S. R. No. 9. S. R. No. 10.
Respectfully submitted,
R. L. Boyett, of the 11th district,
Chairman.
The president asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Congressional and Legislative Reapportionment and recommitted to the Committee on Amendments to the Constitution:

Senate Bill No. 34. By Senator Kennon of the 6th:
A bill proposing an amendment to article Ill, section II, paragraph 1, of
the constitution by increasing the number of senators to fifty-three, and the number of senatorial districts to fifty-three, and by adding a new senatorial district, to be known as the fifty-third senatorial district, which shall be composed of the counties of Lowndes and Echols; and for other purposes.

FRIDAY, JANUARY 15, 1943

67

The consent was granted.
The following resolution of the House was read and adopted:
House Resolution No. 23. By Mr. Nicholson of Richmond:
A resolution by the House, the Senate concurring, that a committee of five be named, two from the Senate and three from the House to notify His Excellency, the Governor, that the General Assembly had completed its business at its organization session and stands ready to adjourn sine die at 12 o'clock noon today.

The president appointed as a committee on the part of the Senate, Senators Whitworth of the 30th and Estes of the 35th.

The following message was received from His Excellency, the Governor, through Honorable M. E. Thompson, executive secretary:

Ellis Annall, Governor

State of Georgia Executive Department Atlanta

M. E. Thompson, Executive Secretary

January 15, 1943
Mr. President and Members of the State Senate:
I desire to commend your body and the General Assembly for the expeditious manner in which the organization session has gone forward to conclusion. I, as your Governor, am proud of the legislative branch of our government and am delighted that the membership of the General Assembly is committed to a policy of practicing economy as well as preaching economy. Georgia is most fortunate in having such a fine group of legislators comprising this branch of State Government.

There is no special matter in addition to those already brought to your attention which I desire to submit to the Assembly during this organization session.

Congratulations from your Chief Executive and sincere best wishes for a most harmonious regular session-a session dedicated to rendering real service to our State and our people!
Respectfully submitted,
Ellis Arnall,
Governor.

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JOURNAL OF THE SENATE,

The president expressed his thanks to the members of the Senate for expediting the business of the organization session and reducing the length of the usual ten-day session to five days.

Senator Estes of the 35th reported to the president that the committee appointed under H. R. No. 23 had informed the Governor that the General Assembly had completed the business of its organization session and was now ready to adjourn sine die.

The president announced the ten-day organization session of the Senate adjourned sine die.

JOURNAL
OF THE
SEN A'T E
OF THE
STATE OF GEORGIA
OF THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
Commenced at ATLANTA, MONDAY, JANUARY 18, 1943
BowEN PRESS
Decatur, Ga.

MONDAY, JANUARY 18, 1943

69

Senate Chamber, Atlanta, Georgia.
Monday, January 18, 1943.
The Senate met in regular session, pursuant to Joint Senate Resolution No. 10 adopted during the ten-day organization session, and was called to order by the president.

Prayer was offered by the chaplain.

The roll was called and the following senators answered to their. name:

Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Clements Cooper Dantzler Ennis Estes Forester

Foster Fowler Hall Hampton Hollis Ingram Kennedy Kennon Lester Martin Millican Moore Newton Oden

Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams Mr. President

Senator Dantzler of the 43rd, 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 dispensed with, and the journal was confirmed.

Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Motions, resolutions and petitions.
The consent was granted. The following resolution was read and adopted:

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Senate Resolution No. 17. By Senator Atkinson of the 1st:
A resolution instructing the secretary to notify the House that the Senate has convened for the regular session and is ready for the transaction of business.

The following resolution was read and adopted:
Senate Resolution No. 18. By Senator Atkinson of the 1st:
A resolution by the Senate, the House concurring, that a committee of five be appointed, two from the Senate and three from the House, by the president of the Senate and the speaker of the House, to notify the Governor that the General Assembly has convened for the regular session and is ready for the transaction of business.

The president appointed as a committee on the part of the Senate the following members of the Senate to-wit:

Senators Newton of the 47th and Hall of the 50th.

The following resolutions were introduced, read the first time, and referred to committees:

S. R. No. 19. By Senator Millican of the 52nd:
Providing that House amendments to Senate bills or resolutions and reports of conference committees must receive a majority vote of the entire membership of the Senate to be adopted.
Referred to Committee on Rules.
S. R. No. 20. By Senator Millican of the 52nd:
Amending rules of Senate relative to printing all general bills and resolutions.
Referred to Committee on Rules.
S. R. No. 21. By Senator Millican of the 52nd:
Proposing an amendment to article 6, section 3, paragraph 1, of the constitution by adding to said paragraph the following amendment: "Provided that in the Atlanta judicial circuit, the terms of the judges of the superior court whose terms commence after the adoption of this amendment shall be six years"; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
Mr. Bloodworth of the 22nd District, Chairman of the Committee on Game and Fish, submitted the following report:

MONDAY, JANUARY 18, 1943

71

Mr. President:
Your Committee on Game and Fish have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

S. B. No. 13. Do Pass

Respectfully submitted,

Luther Y. Bloodworth of 22nd district,

Chairman.

Mr. Eubank of the 29th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following bill and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
S. B. No. 3. Do Pass
S. R. No. 13. Do Pass
Respectfully submitted,
Eubank, of 29th district,
Chairman. Mr. Lester, of the 18th 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
s. R. No. 11. Do Pass s. B. No. 6. Do Pass s. B. No. 7. Do Pass s. B. No. 9. Do Pass s. B. No. 10. Do Pass s. B. No. 11. Do Pass

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JOURNAL OF THE SENATE,

S. B. No. 12. Do Pass S. B. No. 15. Do Pass S. B. No. 21. Do Pass

Respectfully submitted, Lester of 18th district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President: Your Committee on Finance have had under consideration the following bill of
the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
S. B. No. 20. Do Pass Respectfully submitted,
J. M. Simmons of 8th district, Chairman.
Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to Constitution have had under consideration the following bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
s. B. No. 2. Do Pass s. B. No. 4. Do Pass s. R. No. 15. Do Pass
S. R. No. 12. Do Pass
S. R. No. 14. Do Pass
Respectfully submitted,
Jeff Pope, of the 7th district,
Chairman.

MONDAY, JANUARY 18, 1943

73

Mr. Hollis of the 24th 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/or resolutions of the Senate and have instructed me as chairJl!an, to report the same back to the Senate as correct and ready for transmission to the House:
S. R. No. 17. S. R. No. 18.
Respectfully submitted, M. R. Hollis, of the 24th district, Chairman.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House has convened in regular session and is now ready for the transaction of business.
The House has passed by the requisite constitutional majority the following resolution of the House to wit:
H. R. No. 25. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that a joint committee of five, three on the part of the House and two on the part of the Senate, be appointed by the speaker and president, respectively, to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

The speaker has appointed as a committee on the part of the House the following members of the House to-wit:
Messrs: Cates of Burke Hogg of Marion Cannon of Rockdale
The House has read and adopted the following resolution of the Senate to-wit:
S. R. No. 18. By Senator Atkinson of the 1st: A resolution by the Senate, the House concurring, that a committee of five

74

JOURNAL OF THE SENATE,

be appointed, two from the Senate, and three from the House, by the president of the Senate and the speaker of the House, to notify the Governor that the General Assembly has convened for the regular session and is ready for the transaction of business.
And the speaker has appointed as a committee on the part of the House, the following membe.rs of the House to-wit:
Messrs: Cates of Burke
Hogg of Marion
Cannon of Rockdale
The following bills and resolutions of the Senate, favorably reported by the committees, were read the second time:
S. B. No. 2. By Senators Pope of the 7th, Brock of the 37th and others:
A bill to propose to the qualified electors for ratification or rejection an amendment to article VIII, section VI of the constitution by adding a new paragraph to provide for a board of regents of the university system of Georgia ; to provide membership, appointment; and for other purposes.

S. B. No. 3. By Senators Eubank of the 29th, Harrison of the 17th and others:
A bill to reorganize the state board of education by abolishing the present board and by providing for a new board; to provide for the membership, appointment, qualification; term of office, tenure, filling of vacancies, powers and duties of the new state board of education; and for other purposes.
S. B. No. 4. By Senators Pope of the 7th, Harrison of the 17th and others:
A bill to propose an amendment to article VIII, section II of the constitution to provide for a state board of education; and for other purposes.

S. B. No. 6. By Senators Lester of the 18th, Gross of the 31st and others:
A bill to revise the laws relating to penal administration, pardons, paroles, etc.; to change the name of the prison and parole commission; to continue the present prison and parole commission in office ; to take from the prison and parole commission all its powers and duties relating to pardons, parole; to provide for the state board of prisons; and for other purposes.

S. B. No. 7. By Senators Terrell of the 19th, Gross of the 31st and others: A bill to repeal an act to provide for the suspension of the state treasurer and the comptroller general; and for other purposes.
S. B. No. 9. By Senators Lester of the 18th, Harrison of the 17th and others:

MONDAY, JANUARY 18, 1943

75

A bill to establish a finance commission, the powers, duties, and members thereof, to provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget, to provide for filing of charges; and for other purposes.
S. B. No. 10. By Senators Forester of the 44th, Ennis of the 20th and others:
A bill to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member; and for other purposes.
S. B. No. 11. By Senators Pittman of the 42nd, Gross of the 31st and others:
A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.
S. B. No. 12. By Senators Arnall of the 36th, Gross of the 31st and others:
A bill to reorganize the state department of law by repealing code sections 14-1607, 14-1608, and 14-1609 relating to the department of law, attorney general, assistant attorneys general, employment of counsel; to create a department of law; to provide for an attorney general and assistants; and for other purposes.

S. B. No. 13. By Senators Bloodworth of the 22nd, Gross of the 31st and others:
A bill to abolish the division of wild life, the department of natural resources, office of commissioner of natural resources; to create a state game and fish commission, a director, and an inspector of coastal fisheries, provide for their appointment, tenure, compensation, powers and duties; and for other purposes.
S. B. No. 15. By Senators Harrison of the 17th, Gross of the 31st, and others:
A bill to amend section 18 of an act relating to abolition of board of control and transfer of its functions to the board of public welfare, so as to provide that the authority, powers, duties, supervision, be transferred to state board of education; and for other purposes.
S. B. No. 20. By Senators Simmons of the 8th, Harrison of the 17th and others:
A bill to amend section 32-1301 of the code of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, so as to provide that note given shall not mature later than last day of fiscal year of state; and for other purposes.

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JOURNAL OF THE SENATE,

S. B. No. 21. By Senators Arnall of the 36th, Ingram of the 51st and others:
A bill to make the term of the commissioner of agriculture concurrent with that of the Governor; and for other purposes.

S. R. No. II. By Senators Gross of the 31st, Atkinson of the 1st and others:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war.

S. R. No. 12. By Senators Pittman of the 42nd, Atkinson of the 1st and others:
A resolution proposing an amendment to paragraph XII of section I or article V of the constitution, which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to suspend sentences; to provide for a state board of pardons and paroles; and for other purposes.

S. R. No. 13. By Senators Gross of the 31st, Ennis of the 20th and others:
A resolution to submit to the qualified voters at the general election a proposal to provide for taxation for a teacher's retirement plan; and for other purposes.

S. R. No. 14. By Senators Bloodworth of the 22nd, Forester of the 44th and others:
A resolutions proposing an amendment to article V of the constitution to create a state game and fish commission, a director, and to provide for their appointment, terms of office, compensation, powers and duties; and for other purposes.
S. R. No. 15. By Senators Harrison of the 17th, Gross of the 31st and others:
A resolution proposing an amendment to paragraph II of section I of article II of the constitution relating to the qualifications of electors in this state, by providing for 18-year-old electors; and for other purposes.

Senator Fowler of the 39th asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock tomorrow morning and the consent was granted.

Senator Kennon of the 6th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.

TUESDAY, JANUARY 19, 1943

77

Senate Chamber, Atlanta, Georgia. Tuesday, January 19, 1943.

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

Prayer was offered by Rev. G. W. Davis, pastor of the South Broad Methodist church of Rome, Georgia.

The roll was called and the following senators answered to their name:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Clements Cooper Dantzler Dean Ennis Estes Forester

Foster Fowler Griner Hall Hampton Hollis Ingram Jones Kennedy Kennon Kimbrough Lester Lovett Martin Millican Moore

Newton Oden Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams Mr. President

Senator Dantzler of the 43rd, 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. lnfroduction of bills and resolutions. 2. First reading of bills and resolutions introduced. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting on passage local Senate bills ready for a third reading.

78

JOURNAL OF THE SENATE,

6. Consideration of general bills and resolutions.

The consent was granted.

Honorable Carlisle Fraser, president of the Atlanta Chamber of Commerce, was introduced to the Senate by the president.

The following bills and resolutions were introduced, read the first time, and referred to committees:

S. B. No. 42. By Senator Martin of the 13th:
A bill to amend the charter of the City of Oglethorpe to prescribe by ordinance the manner in which voters may register; and for other purposes.
Referred to Committee on Municipal Government.

S. B. No. 43. By Senator Millican of the 52nd: A bill to authorize superior courts of the state to hear and determine time and place of birth of persons; and for other purposes. Referred to Committee on General Judiciary No. 1.
S. B. No. 44. By Senator Williams of the 5th: A bill to provide persons delinquent in payment of poll taxes may pay $3.00 and be re-instated; and for other purposes. Referred to Committee on State of Republic.

S. B. No. 45. By Senator Bloodworth of the 22nd:
A bill to re-arrange and group the counties composing the 22nd and 36th senatorial districts; and for other purposes.
Referred to Committee on Congressional and Legislative Reapportionment.

S. R. No. 22. By Senator Dean of the 34th:
A resolution authorizing county commissioners of Rockdale county to pay premiums on surety bonds of county officials; and for other purposes.
Referred to Committee on Counties and County Matters.

S. R. No. 23. By Senators Bloodworth of the 23rd and Raynor of the 4th:
A resolution memoralizing Congress to adopt the plan of Senator Walter F. George for the collection of federal income taxes.
Referred to Committee on Finance.

TUESDAY, JANUARY 19, 1943

79

S. R. No. 24. By Senator Williams of the 5th: A resolution proposing an amendment to article 3, section 7, paragraph 14 of the constitution to provide the General Assembly shall prescribe the method of passing local laws; and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following resolutions were read and adopted:
S. R. No. 25. By Senator Williams of the 5th:
A resolution thanking the Atlanta Chamber of Commerce and others for the dinner given for the General Assembly.

S. R. No. 26. By Senators Pope of the 7th, Clements of the 9th, Boyett of the 11th, Simmons of the 8th, and Ansley of the lOth:
A resolution designating January 23, to 31, as "Peanut Week" in Georgia.
Mr. Brock of the 37th 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:

S. B. No. l. Do Pass.

Respectfully submitted, L. J. Brock, of 37th district, Chairman.

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

Mr. President: The House has read and adopted the following resolution of the House to wit:

House Resoluton No. 27. By Mr. Hardy of Jackson:
A resolution that the office of petroleum administration for war be urged to reconsider the allotments made to the State of Georgia of kerosene for domestic use and farm tractor fuels.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

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H. R. No. 12-16A. By Messrs. Grayson of Chatham; Nicholson and Holley of Richmond and others:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war.

H. B. No. 1. By Messrs. Fortson of Wilkes; Burnside of McDuffie; Grayson of Chatham and others:
A bill to reorganize the board of regents of the university system of Georgia by abolishing the present board and by providing a new board; etc; and for other purposes.
The following bill of the Senate, favorably reported by the committee, was read the second time:
Senate Bill No. 1. By Senators Brock of the 37th, Gross of the 31st, Atkinson of the 1st and others:
A bill to reorganize the board of regents of the university system of Georgia by abolishing the present board and by providing a new board; and for other purposes.
The following resolution of the Senate was read the third time and taken up for consideration:

Senate Resolution No. 11. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and others:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war.
Senator Millican of the 52nd asked unanimous consent that the resolution be tabled and the consent was granted.
The following bills of the Senate were read the third time and put upon their passage:

Senate Bill No. 3. By Senators Eubank of the 29th, Harrison of the 17th, and others:
A bill to reorganize the state board of education by abolishing the present board and by providing for a new board; to provide for the membership, appointment, qualification, term of office, tenure, filling of vacancies; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that the secretary be authorized to correct a typographical error in this bill by changing "34-401" in line five of section seven so as to read "32-401" and the consent was granted.

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81

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd asked unanimous consent that Senate Bill No. 3 be immediately transmitted to the House, and the consent was granted.
Senate Bill No. 4. By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to propose an amendment to article VIII, section II of the constitution to provide for a state board of education; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the secretary be authorized to correct a typographical error in this bill by striking the word "the" at the end of line 43 in section 1 and the consent was granted.
The bill, as corrected, was as follows:
A Bill-To be entitled an act to propose to the qualified electors for ratification or rejection an amendment of article VIII, section II of the constitution of the State of Georgia by adding a new paragraph to provide for a state board of education, to provide membership, appointment, qualification, term of .office, tenure, filling of vacancies, eligibility for membership, powers and duties of the state board of education; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That there shall be proposed to the qualified electors for ratification or rejection at the next general election an amendment of article VIII, section II of the constitution of the State of Georgia, by adding a new paragraph to be numbered paragraph 2 to read as follows:
"There shall be a state board of education, composed of one member from each Congressional district in the state, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the state board of education. The first state board of education under this provision shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven years terms from the expiration of the previous term. Vacancies upon said board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office until

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the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member for the board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the board shall hold office until their successors are appointed and qualify. The members of the state board of education shall be citizens of this state who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the state department of education, shall be eligible for appointment or to serve on said board. No person who is or has been connected with or employed by a schoolbook publishing concern shall be eligible to membership on the board, and if any person shall be so connected or employed after becoming a member of the board, his place shall immediately become vacant. The said state board of education shall have such powers and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter 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 entered on their respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the constitution, as provided by the constitution and laws relating to constitutional amendments.
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, was agreed to.

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

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Clements

Cooper Dantzler Dean Ennis Estes Forester Foster Fowler Griner Hall

Hampton Hollis Ingram Jones Kennedy Kennon Kimbrough Lester Lovett Martin

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83

Millican Moore Newton Oden Peterson Pittman

Pope Preston Raynor Shannon Simmons Stark

Terrell Thigpen Wbitworth of 30th Wbitworth of 38th Williams

Not voting were Senators: Byrd, Eubank, Harrison and Kaigler.

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

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional two-thirds majority, was passed.
Senator Simmons of the 8th asked unanimous consent that Senate Bill No. 4 be immediately transmitted to the House and the consent was granted.
Senate Bill No. 7. By Senators Terrell of the 19th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, and others:
A bill to repeal an act to provide for the suspension of the state treasurer and 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 45, nays 0.

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

Senate Bill No. 10. By Senators Forester of the 44th, Ennis of the 20th, Lester of the 18th, and others:
A bill to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member; and for other purposes.
The report 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.
Senate Bill No. 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, and others:

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A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.

Senator Lester of the 18th called for the previous question on the bill and all amendments, and the call was sustained.
Senator Lovett of the 16th offered the following amendment:
Amend S. B. No. 11 by adding thereto a new section to be known as section 5, to read as follows: "Any person, individual or corporation donating funds in excess of $1,000.00 shall be subject to prosecution and upon conviction to be punished as for a misdemeanor".

Upon the adoption of the amendment, the ayes were 19, nays 22, and the amendment was lost.
Senator Stark of the 33rd offered the following amendment: Amend section 3 of S. B. No. 11 by striking out all of the except "That such candidate shall forfeit his right or claim to such office for which he was nominated if this act is violated".
The president ruled that this amendment, not being m proper form, was out of order.
Senator Shannon of the 21st offered the following amendment: Amend S. B. No. 11 by adding the following at the end of section 2 "And the source from whence derived."
The amendment was adopted.
Senator Arnold of the 26th moved to reconsider the action of the Senate in calling for the previous question on S. B. No. 11.

The motion was lost.
Senator Millican of the 52nd moved that S. B. No. 11 and all amendments be tabled, and the motion was lost.
Senator Lester of the 18th asked unanimous consent to recommit S. B. No. 11 and all amendments to the Committee on State of Republic, and the consent was granted.
The following message was received from the House through Mr. McCutchen, the clerk: thereof:

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85

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:
H. B. No. 46. By Messrs. Gowen of Glynn, Grayson of Chatham, Durden of Dougherty and others :
A bill to make appropriations for the operations of the state government for period January 1, 1943 to June 30, 1943 ; to repeal parts of 1937 appropriation act; and for other purposes.

The following bills and resolutions of the House were read the first time and referred to committees:
House Bill No. 1. By Messrs. Fortson of Wilkes, Burnside of McDuffie, Grayson of Chatham and others:
A bill to reorganize the board of regents of the university system of Georgia; and for other purposes.
Referred to Committee on University System of Georgia.
House Bill No. 46. By Messrs. Gowen of Glynn, Grayson of Chatham, Durden of Doughtery and others:
A bill to make appropriations for the operation of the state government for period January 1, 1943 to June 30, 1943 ; to repeal parts of 1937 appropriation act; and for other purposes.
Referred to Committee on Appropriations.
House Resolution No. 12-16A. By Messrs. Grayson of Chatham, Nicholson of
Richmond, Holley of Richmond and others: A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war.
Referred to Committee on State of Republic.

The following resolution of the House was read and adopted:
House Resolution No. 27. By Mr. Hardy of Jackson:
A resolution that the office of petroleum administration for war be urged to reconsider the allotments made to the State of Georgia of kerosene for domestic use and farm tractor fuels.
Senator Fowler of the 39th moved that when the Senate adjourn today it stand

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adjourned untli 11 o'clock tomorrow morning and the motion prevailed.
Senator Oden ~f the 46th submitted the following memorium in observance of the anniversary of the birthday of Robert E. Lee and asked that same be read to the Senate by the secretary:
By Senator Oden of the 46th:
Mr. President and Senators of Georgia:
One hundred and thirty-six years ago today a child was born who, before his death even, had taken his place as one of the great of all time-Robert Edward Lee.
Today his genius lives in our global tragedy in the military strategies of the commanders of all the armies, with the aggressors no less than with those who defend freedom. Students of the science of war have made him their model for more than three quarters of a century and have declared his supremacy as a general.
The strength and size of the Confederate Armies have never been permanently known. Sources of record were destroyed before they could be permanently filed. And it is likely that there is some uncertainty too, as to the strength of the several units-the Army of the West, the Army of Tennessee, and the Army of Northern Virginia, Lee's own army.
I have read a book recently which states that Georgia gave more men to Lee's army than did any other state, even Virginia. Certainly our Georgia grandfathers by the hundreds who were the remnants of those who had followed him for four years through heat and ice, through starvation and agony, stacked their arms at the South's Gethsemane-Appomattox Court House.
It is particularly fitting, therefore, that we today in pride and solemnity should pay tribute, as we now do, to one whose fame as a soldier will never die and, even more, whose greatness as a man of sublime compassion and loving kindness will live forever.
Mr. Hollis of the 24th district, chairman of the Committee on Engrossing submitted the following report:

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

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87

S. B. No. 35. S. B. No. 45.
Respectfully submitted,
M. R. Hollis, of 24th district,
Chairman. Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 11 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia.

Wednesday, January 20, 1943.

The Senate met pursuant to adjournment at 11 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 name:

Ansley

Forester

Newton

Arnall

Foster

Oden

Arnold

Fowler

Peterson

Atkinson

Griner

Pittman

Bacon

Hall

Pope

Bloodworth of 22nd

Hampton

Preston

Bloodworth of 23rd

Ingram

Raynor

Boyett

Jones

Shannon

Brock

Kennedy

Simmons

Clements

Kennon

Stark

Cooper

Kimbrough

Terrell

Dantzler

Lester

Thigpen

Dean

Lovett

Whitworth of 30th

Ennis

Martin

Whitworth <>f 38th

Estes

Millican

Williams

Eubank

Moore

Mr. President

Senator Whitworth of the 30th, 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. Reports of standing committees.

3. Second reading of bills and resolutions favorably reported. 4. Putting on passage local Senate bills ready for a third reading. 5. Consideration of general hills and resolutions. The consent was granted.

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89

The following message was received from the House through Mr. McCutchen, the clerk: thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
H. B. No. 40. By Messrs. McCracken of Jefferson, Durden of Dougherty, Smith of Dougherty and others:
A bill to fix the salary of the secretary of state; and for other purposes.

H. B. No. 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, Harris of

Richmond and others :



A bill fixing the salary of the state treasurer; and for other purposes.

H. B. No. 66. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broom of DeKalb:
A bill to fix the salary of the comptroller general; and for other purposes.

H. R. No. 30. By Mr. Easler of Crawford:
Resolving that the House of Representatives and the Senate of the United States in Congress assembled, are hereby urged to adopt the plan with reference to the imposition and collection of federal income taxes as presented by the Hon. Walter F. George of the State of Georgia and known as "The George Plan".

The following bills were introduced, read the first time and referred to committees:
S. B. No. 46. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Pope of the 7th, Forester of the 44th, Whitworth of the 30th and Raynor of the 4th:
A bill to amend an act to create a department of public safety for Georgia, approved March 19, 1937, (Georgia Laws 1937, pages 422-355) by repealing section 1, of article 1, of said act relating to the department of public safety and its composition, and by substituting in lieu thereof a new section 1, article 1, providing for members of the department of public safety, expenses, meetings, officers; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 47. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Pope of the 7th, Forester of the 44th and others:



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A bill to repeal chapter 40-19 of the code of 1933, relating to "supervisor of purchases," and to authorize the governor to prescribe rules and regulations governing purchases by the state; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 48. By Senator Bloodworth of the 22nd: A bill to amend section 24-3406 of the code of 1933, providing for cost deposits in divorce cases, to require payment in full of all costs as a condition precedent to final and second verdict; and for other purposes.
Referred to Committee on General Judiciary No. 1.

Mr. Eubank of the 29th district, chairman of the Committee on Education and Public Schools submitted the following report:

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

S. R. No. 16. Do Pass.

Respectfully submitted, J. E. Eubank, of 29th district, Chairman.

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

H. B. No. 46. Do pass.

Respectfully submitted, H. C. Arnall, of 36th district, Chairman.

Mr. Lester of the 18th district, chairman of the Committee on State of Republic submitted the following report:



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91

Mr. President: Your Committee on State of Republic have had under consideration the follow-
ing .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:
S. B. No. 5. Do pass as amended. S. B. No. 8. Do pass by substitute. S. B. No. 32. Do pass. S. B. No. 36. Do pass. S. B. No. 38. Do pass. H. R. No. 12. Do pass.
Respectfully submitted, Lester of 18th district, Chairman.

Mr. Moore of the 32nd district, chairman of the Committee on Counties and County Matters submitted the following report:

Mr. President: Your Committee on Counties and County Matters have had under consideration
the following resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
That Senate Resolution No. 22 do pass. Respectfully submitted,
G. H. Moore of 32nd district,
Chairman.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
S. B. No. 5. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles, to provide that power to grant reprieves, pardons, paroles, commute penalties, shall be vested in said board; and for other purposes.

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S. B. No. 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th and others:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the ter~ of office, the election of a state auditor; and for other purposes.

S. B. No. 32. By Senators Pittman of the 42nd, and Forest of the 44th:
A bill to amend an act providing central daylight saving time for the state in lieu of eastern daylight saving time for the duration of the war only; and for other. purposes.

S. B. No. 36. By Senator Arnall of the 36th:
A bill to repeal an act to establish a state planning board; and for other purposes.

S. B. No. 38. By Senator Lester of the 18th:
A bill to repeal sections 40-206 of the code of 1933 providing for the suspension of the state treasurer of comptroller general; and for other purposes.

S. R. No. 16. By Senator Eubank of the 29th:
A resolution to inculcate the proper sense of discipline among the youth of school age; to provide for voluntary military drill for boys be instituted; and for other purposes.

S. R. No. 22. By Senator Dean of the 34th:
A resolution authorizing the county commiSSio~ers of Rockdale county to pay premiums on surety bonds furnished by the officers; and for other purposes.
H. B. No. 46. By Messrs. Gowen of Glynn, Grayson of Chatham, Durden of Dougherty and others:
A bill to make appropriations for the operation of the state government for period January 1, 1943, to June 30, 1943; to repeal parts of 1937 appropriation act; and for other purposes.

H. R. No. 12-16A. By Messrs. Grayson of Chatham, Nicholson of Richmond, Holley of Richmond and others:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war.

WEDNESDAY, JANUARY 20, 1943

93

Senator Brock of the 37th asked unanimous consent that the following bill be withdrawn Jrom the Committee on University System of Georgia, read the second time, and recommitted:

House Bill No. 1. By Messrs. Fortson of Wilkes and others.
A bill to reorganize the board of regents of the university system of Georgia; and for other purposes.
The consent was granted and the bill was read the second time and recommitted.
Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the Committee on Education and Public Schools, read the second time, and recommitted:

Senate Bill No. 41. By Senator Millican of the 52nd:
A bill to amend an act relative to supplementing funds of county boards of education of all counties having a population of not less than 200,000; and for other purposes.

The consent was granted and the bill was read the second time and recommitted.

The following privileged resolutions were read and adopted:

By Senator Forester of the 44th:
A resolution extending the privileges of the floor to Honorable Roy Anderson, distinguished citizen of Rossville, Walker county, Georgia.

By Senator Terrell of the 19th:
A resolution extending the privileges of the floor to Rev. R. P. Segers, pastor of the Methodist church of Warrenton, Georgia.
The following bills of the Senate were read the third time and, put upon their passage:
Senate Bill No. 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to amend section 18 of an act relating to abolition of board of control and transfer of its functions to the board of public welfare, so as to provide that the authority, powers, duties, supervision, be transferred to state board of education; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.

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JOURNAL OF THE SENATE,

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

Senate Bill No. 9. By Senators Lester of the 18th, Harrison of the 17th, Forester of the 44th, and others:
A bill to establish a finance commission, the powers, duties and members thereof, to provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget, to provide for filing of charges; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
Amend S. B. 9, section 1, page 2, line 7 of the printed bill after the word "compensation", by adding the following words: It shall be the duty of the state auditor to sit in at all meetings of the finance commission to advise the commissioners as to the anticipated income of the state and any other information requested or desired by the commissioners.

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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senate Bill No. 20. By Senators Simmons of the 8th, Harrison of the 17th, Gross of the 31st and others: A bill to amend section 32-1301 of the code of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, so as to provide that note given shall not mature later than last day of fiscal year of state; for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed. Senate Bill No. 21. By Senators Arnall of the 36th and Ingram of the 51st:
A bill to make the term of the commissioner of agriculture concurrent with that of the Governor; and for other purposes.
Senator Arnold of the 26th offered the following amendment:

WEDNESDAY, JANUARY 20, 1943

95

Amendment to Senate Bill No. 21. The bill is hereby amended by changing Section 2 to read as follows: From and after the passage of this act it shall be unlawful for the commissioner of agriculture to publish the paper known as the Market Bulletin or any other paper at the expense of state funds.
Section 2 of the original bill shall be added as section 3.

On the adoption of the amendment, the ayes were 21, nays 23 and the amendment was lost.

Senator Pittman of the 42nd offered the following amendment:
Senate Bill No. 21 is amended by adding section 3 to wit:
Section 3. The Commissioner of Agriculture shall not use any part of the space in the Market Bulletin to express his personal views on any matter. If he so expresses his views it shall be cause for impeachment; and the caption shall be changed accordingly.

On the adoption of the amendment, the ayes were 14, nays 30 and 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 12.

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

Senator Lester of the 18th asked unanimous consent that Senate Bill No. 21 be
immediately transmitted to the House and the consent was granted.

The following message was received from the House through Mr. McCutchen,

the clerk thereof:

'

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:

H. B. No. 2. By Messrs. Foster of Paulding, Gowen of Glynn, Durden of Dougherty and others:
A bill to propose an amendment of article VIII, section VI of the constitution by adding a new paragraph to provide for a board of regents of the university system of Georgia; and for other purposes.
H. B. No. 13. By Messrs. McCracken of Jefferson, Key of Jasper, Phillips of Columbia, and others:

JOURNAL OF THE SENATE,
A bill to provide the qualifications of the adjutant general of Georgia; to provide his official residence; and for other purposes.
H. B. No. 71. By Mr. Strickland of Haralson: A bill to amend chapter 32-25 of the code of 1933, authorizing county commissioners or ordinaries to carry on schools for instructing adult illiterates; and for other purposes.
H. B. No. 73. By Mr. Strickland of Haralson: A bill to amend section 32-1006 of the code of 1933 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.
Mr. Hollis of the 24th 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/or 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:
S. R. No. 26. S. B. No. 7. S. B. No. 10. S. B. No. 21.
Respectfully submitted,
M. R. Hollis, of 24th district,
Chairman.
The following bills and resolutions of the House were read the first time and referred to committees:
House Bill No. 2. By Messrs. Foster of Paulding and others: A bill to amend article 8, section 6, of the constitution to provide for a-board of regents; and for other purposes. Referred to Committee on Amendments to the Constitution.
House Bill No. 13. By Mr. McCracken of Jefferson, Mr. Phillips of Columbia and others:

WEDNESDAY, JANUARY 20, 1943

97

A bill to provide for the qualifications of the adjutant general and his place of residence; and for other purposes. Referred to Committee on Military Affairs.
House Bill No. 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, and Harris of Richmond:
A bill to amend an act fixing the salary of the state treasurer; and for other purposes. Referred to Committee on State of Republic.
House Bill No. 40. By Messrs. McCracken of Jefferson, Smith of Dougherty:
A bill to fix the salary of the secretary of state; and for other purposes. Referred to Committee on State of Republic.
House Bill No. 66. By Messrs. Deal and Brunson of Bulloch and others: A bill to fix the salary of the comptroller general; and for other purposes.
Referred to Committee on State of Republic.
House Bill No. 71. By Mr. Strickland of Haralson:
A bill to amend chapter 32-35, code 1933, authorizing schools for instructing adult illiterates to be carried on; and for other purposes. Referred to Committee on Education and Public Schools.
House Bill No. 73. By Mr. Strickland of Haralson:
A bill to amend section 32-1006, code 1933, providing that county superintendents of schools may employ clerical help ; and for other purposes. Referred to Committee on Education and Public Schools.
House Resolution No. 30. By Mr. Easler of Crawford:
A resolution urging Congress to adopt "the George Plan" with reference to the collection of income taxes; and for other purposes.
Referred to Committee on Finance.
Senator Fowler of the 39th asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock tomorrow morning, and the consent was granted.
Senator Atkinson of the 1st moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 11 o'clock.

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Senate Chamber, Atlanta, Georgia.

Thursday, January 21, 1943.

The Senate met pursuant to adjournment at 11 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 name:

Ansley

Foster

Peterson

Arnold

Fowler

Pittman

Atkinson

Griner

Pope

Bacon

Hall

Preston

Bloodworth of 22nu

Ingram

Raynor

Bloodworth of 23rd

Jones

Shannon

Boyett

Kennedy

Simmons

Brock

Kennon

Stark

Byrd

Kimbrough

Terrell

Clements

Lester

Thigpen

Cooper

Lovett

Whitworth of 30th

Dean

Martin

Whitworth of 38th

Ennis

Millican

Williams

Estes

Moore

Mr. President

Eubank

Newton

Forester

Oden

Senator Whitworth of the 30th 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.

The consent was granted.

Senator Atkinson of the 1st asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock Monday morning, and the consent was granted.

THURSDAY, JANUARY 21, 1943

99

The following bills were introduced, read the first time, and referred to committees:

S. B. No. 49. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Raynor of the 4th, and Simmons of the 8th:
A bill to abolish the department of revenue and the office of state revenue commissioner, and to create the department of finance and taxation; to provide for the appointment, term of office and compensation of the commissioner of finance and taxation; to abolish the state board of tax appeals; and for other purposes.
Referred to Committee on State of Republc.

S. B. No. 50. By Senators Ennis of the 20th, Terrell of the 19th, and Pittman of the 42nd:
A bill to amend and revise the laws relating to costs collected in cases in the supreme court and the court of appeals; and for other purposes. Referred to Committee on General Judiciary No. 1.
S. B. No. 51. By Senator Bloodworth of the 22nd:
A bill to amend section 92-5712 of the code of 1933, providing for proportionate tax payments and release from tax liens by owners or holders of any equity, lien; and for other purposes.
Referred to Committee on General Judiciary No. 1.
S. B. No. 52. By Senator Arnold of the 26th:
A bill to amend the banking law and section 13-2048 of the code of 1933, concerning the deposit of a deceased depositor; and for other purposes.
Referred to Committee on Banks and Bankin2;".
S. B. No. 53. By Senator Arnold of the 26th:
A bill to amend the banking laws and section 13-2013 of the code of 1933, which provides a limit for loans by state banks to any one person, firm or corporation; and for other purposes.
Referred to Committee on Banks and Banking.

S. B. No. 54. By Senator Arnold of the 26th:
A bill to cede and convey to the City of Griffin, the fee simple title to the land known as Camp Northern, which was donated to the state in 1893; and for other purposes.
Referred to committee on State of Republic.

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JOURNAL OF THE SENATE,

S. B. No. 55. By Senator Arnold of the 26th:
A bill to amend section 24-3104 of the code of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.
Referred to Committee on General Judiciary No.2.
S. B. No. 56. By Senator Lester of the 18th:
A bill to provide for the application for marriage license, the issuing of marriage license, and the marriage of persons within this state; and for other purposes.
Referred to Committee on Special Judiciary.
The following resolution was read and unanimously adopted:
Senate Resolution No. 27. By Senators Williams of the 5th and Forester of the 44th:
A RESOLUTION
BE IT RESOLVED that we, the members of the State Senate, do sincerely and deeply appreciate the individual stationery furnished us through the thoughtfulness and consideration of our efficient and exceptionally fine secretary, Henry W. Nevin. We also at this time wish to commend him for anticipating our wants, needs and requirements. The individual stationery furnished us, we believe, is the first time in history that this thoughtfulness has been shown, and this is only one of the many illustrations of the outstanding thoughtfulness of our competent and golden-hearted secretary.
The following privileged resolution was read and adopted by a rising vote:
By Senators Arnall of the 36th, and Terrell of the 19th.

A RESOLUTION
WHEREAS, Mrs. Albert M. Hill, of Greenville, Georgia, so efficiently and well served the state as director of the child's division of the state department of public welfare, and,
WHEREAS, Mrs. Hill for many years was leader in club and charitable activities having served as president of the board of trustees of Tallulah Falls S~hool, and as president of the Georgia Federation of Women's Clubs, and,
WHEREAS, Mrs. Hill passed away on January 19, 1943,
Now, therefore, It is resolved by the Senate as follows: First, that we express our deepest sympathy to her grieved family. Second, that the state has lost one of its most useful citizens. Third, that a copy of this resolution be sent to her bereaved family.

THURSDAY, JANUARY 21, 1943

101

Mr. Brock: of the 37th 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 House and have instructed me as chairman, to report the same back: to the Senate with the following recommendations:
H. B. No. l. Do pass. Respectfully submitted, Brock: of 37th district, Chairman.
Mr. Lester of the 18th district, chairman of the Committee on State of Republic submitted the following report: Mr. President:
Your Committee on State of Republic have had under consideration the following bills of the Senate and have instructed me as chairman, to report the same back: to the Senate with the following recommendations:
S. B. No. 44. Do pass as amended.
S. B. No. 46. Do pass.
S. B. No. 17. Do pass as amended by committee. Respectfully submitted, Lester of 18th district, Chairman.
Mr. Eubank: of the 29th district, chairman of the Committee on Education and Public Schools submitted the following report:
Mr. President: Your Committee on Education and Public Schools have had under consideration
the following bills and resolutions of the Senate and House and have instructed me as chairman, to report the same back: to the Senate with the following recommeQdations:
S. B. No. 37. Do pass by Committee Resolution.
S. B. No. 41. Do pass.

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JOURNAL OF THE SENATE,

H. B. No. 71. Do pass.

H. B. No. 73. Do pass.

Respectfully submitted, J. E. Eubank, of the 29th district,
Chairman.

The following bills of the Senate and House, favorably reported by the committes, were read the second time :
Senate Bill No. 17. By Senators Millican of the 52nd, Atkinson of the 1st, Pope of the 7th, and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them, to authorize the establishment of a merit system council, and for other purposes.

Senate Bill No. 37. By Senators Hall of the 50th, and Raynor of the 4th:
A bill providing for courses in bookkeeping, shorthand and typewriting in the tenth and eleventh grades, or the last two years of the high schools of the state; and for other purposes.
Senate Bill No. 44. By Senator Williams of the 5th:
A bill to provide persons delinquent in payment of poll taxes may pay $3.00 and be reinstated; and for other purposes.
S. B. No. 46. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th and others:
A bill to amend an act to create a department of public safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, pp 322-355) by repealing section 1 of article 1 of said act relating to the department of public safety and its compositions; and for other purposes.
House Bill No. 71. By Mr. Strickland of Haralson:
A bill to amend chapter 32-25 of the code of 1933 vesting power in the county boards of education to carry on schools for instructing adult illiterates; and for other purposes.
House Bill No. 73. By Mr. Strickland of Haralson:
A bill to amend section 32-1006 of the code of 1933 by providing the county board of education may authorize county superintendent of schools to employ clerical and office help; and for other purposes.

THURSDAY, JANUARY 21, 1943

103

The president recognized in the gallery the presence of the high sixth grade from Forrest School with the teacher, Pauline Trimble.

The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
Senate Resolution No. 22. By Senator Dean of the 34th:
A resolution authorizing county commissioners of Rockdale county to pay premiums on surety bonds of county officials; 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 27, nays 0.

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

House Resolution No. 12-16a. By Messrs. Grayson of Chatham, Nicholson of Richmond, Holley of Richmond and others:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war; and for other purposes.

Senator Lester of the 18th asked unanimous consent that H. R. No. 12-16a be adopted by standing vote.

The consent was granted and the resolution was adopted by unanimous standing vote.
Senate Bill No. 41. By Senator Millican of the 52nd:
A bill to amend an act supplementing the funds of the county board of education of all counties having a population of not less than 200,000; and for other purposes.

Senator Millican of the 52nd offered the following amendment:

Amend Senate Bill 41 by adding in line 8 of section 2 after the word "installments," the words "beginning with the month of January 1943".

The amendment was adopted.

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

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JOURNAL OF THE SENATE,

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

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

House Bill No. 46. By Messrs Gowen of Glynn and others:
A bill to make appropriations for the operation of the state government for the period January 1, 1943 to June 30, 1943 ; and for other purposes.

The report of the committee, was favorable to the passage of the bill, was :.greed to.

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

Those voting in the affirmative were Senators:

Ansley Arnall Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis Estes Eubanks Forrester

Foster Fowler Griner Hall Hampton Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Kimbrough Lester Lovett Martin Millican

Moore Newton Oden Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Dantzler, Hampton, Harrison, and Kaigler.

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

On the passage of the bill, the ayes were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. House Bill No. 1. By Messrs. Fortson of Wilkes and others:

THURSDAY, JANUARY 21, 1943

105

A bill to reorganize the board of regents of the university system of Georgia; and for other purposes.
Senator Stark of the 33rd offered the following amendment:
Amend Section 3 of said Act by adding at the end of said Section, the following:
And the Board appointed by the Governor under the provisions of this Act, shall have power and authority to cancel the membership of the University of Georgia and the University System in the Southern Association of colleges and Secondary Schools, that claims the right to pass on the standard and grades of the University of Georgia and the graduates of the University System of Georgia.
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
o: On the passage of the bill, the ayes were 45, nays
The bill, having received the requisite constitutional majority, was passed.

The president recognized in the gallery the presence of the sixth grade of Grant Park School, of Atlanta.
The following privileged resolutions were read and adopted:
By Senator Millican of the 52nd: A resolution extending the privileges of the floor to the Hon. William Weaver, former member of the House of Representatives of Bibb county.
By Senator Atkinson of the 1st: A resolution extending privileges of the floor to the Hon. Lee Purdom, of Blackshear, former member of the Senate.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:
H. B. No. 22. By Mr. Thigpen of Glascock: A bill to amend chapter 9-5, entitled "Disbarment proceedings", of the official code of 1933, by adding a new section to be appropriately numbered; to

106

JOURNAL OF THE SENATE,

provide for a limitation of actions for the disbarment of attorneys; and for other purposes.

Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills andjor 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:

S. B. No. 8 S. B. No. 41 S. R. No. 16 S. R. No. 22

Respectfully submitted, M. R. Hollis of 24th district,
Chairman.

The following bill and resolution of the Senate were read the third time and taken up for consideration:
Senate Bill No. 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, and others:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of the state auditor; and for other purposes.

The Committee on State of Republic offered the following substitute, which was adopted:
A Bill-To be entitled An Act to amend Section 40-1801 of the Code of Georgia of 1933 relating to the creation of the Department of Audits and Accounts, providing for a State Auditor, prescribing qualifications, experience, appointment, term of office, and how removed, so as to provide additional qualifications and experience for State Auditor; to provide that the term of office of State Auditor shall be four years and until his successor is selected; to provide for election of State Auditor by the General Assembly, to fix the term of office; to provide the manner of election; to provide for filling of vacancy in the office of State Auditor; to repeal conflicting laws; and for other purposes.

THURSDAY, JANUARY 21, 1943

107

BE IT, AND IT IS HEREBY, ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Section 40-1801 of the Code of Georgia of 1933 relating to the creation of The Department of Audits and Accounts, providing for a State Auditor, prescribing qualifications, experience, appointment, term of office, and how removed, be, and the same is, hereby amended by striking said section in its entirety and inserting in lieu thereof the following:
Section 40-1801. The Department of Audits and Accounts is hereby created and established; the head of said Department shall be an experienced auditor and accountant with not less than five years experience as an accountant in the State Department of Audits and Accounts, or in a governmental agency of a similar nature or shall be a duly Certified Public Accountant with at least five years practical experience in the duties for which he is certified, and who, when named or elected as hereinafter prescribd, and qualified, shall be known and designated as State Auditor. In the event there shall be a vacancy in the office of State Auditor, caused by death, resignation, disability, abandonment of office, or a leave of absence without pay, such vacancy shall be filled by appointment by the Governor.
From and after the passage of this Act and during the present session of the General Assembly of the State of Georgia, the General Assembly shall elect a State Auditor and it shall be the duty of the Speaker of the House of Rpresentatives to cause a resolution to be introduced immediately after the passage of this Act calling for the nomination and the election of a State Auditor in the House of Representatives. Said resolution shall fix a definite time for the nomination and election of the State Auditor, at which time the name of the qualified person receiving a majority vote of the members of the House of Representative shall be transmitted to the State Senate for confirmation, or disapproval, and shall only be approved by the State Senate upon receiving a favorable majority vote of the Senate, after which the Governor of the State of Georgia shall declare the State Auditor duly elected. In the event the Senate and the House do not agree during the session the Governor shall appoint a State Auditor to serve until the next meeting of the General Assembly.
The term of office of the State Auditor shall run for a term of four years, and at the next regular session of the General Assembly of the State of Georgia after the expiration of his term of office, a State Auditor shall be elected as herein provided. The State Auditor shall hold office until his successor has been named by one of the methods herein provided for. Thereafter, at the expiration of the first term of State Auditor under this Act, and for each term thereafter, the election of State Auditor shall be by the General Assembly as provided in this Act.
Section 2. That all laws and parts of laws in conflict with this Act, be and same are hereby, repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senate Resolution No. 16. By Senator Eubanks of the 29th:
A resolution to inculcate the proper sense of discipline among the youth of school age; to provide for voluntary military drill for boys be instituted; 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 Atkinsin of the 1st, moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until Monday morning at 11 o'clock.

MONDAY, JANUARY 25, 1943

109

Senate Chamber, Atlanta, Georgia.
Monday, January 25, 1943.
The Senate met pursuant to adjournment at 11 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 Whitworth of the 30th reported that the journal of Thursday'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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.

The consent was granted.

The following bills were introduced, read the first time, and referred to committees:
S. B. No. 57. By Senators Gross of the 31st, and Arnall of the 36th:
A bill to abolish the department of natural resources, together with the subdivisions of said department known as the division of wild life, the division of mines, mining, and geology,. and the division of state parks, historic sites, and monuments; and for other purposes.
Referred to Committee on State of Republic.
S. B. No. 58. By Senator Bloodworth of the 22nd:
A bill to amend an Act approved August 3, 1927, to re-enact the charter of the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

S. B. No. 59. By Senator Thigpen of the 49th:
A bill to prohibit the manufacture, repair, ownership etc. of coin operated devices or slot machies; and for other purposes.
Referred to Committee on General Judiciary No. l.

S. B. No. 60. By Senator Millican of the 52nd:
A bill to create a Georgia examining board for barbers and beauticians; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

S. B. No. 61. By Senator Millican of the 52nd:
A bill to amend an Act for examination of master electricians in counties having population of 150,000 or more by U. S. census of 1930 so as to reduce the cost of renewal certificates; and for other purposes.
Referred to Committee on Counties and County matters.

S. B. No. 62. By Senator Millican of the 52nd:
A bill to authorize and make lawful the investment of funds of municipalities, counties, and school districts in war bonds and other valid obligations of the United States; and for other purposes.
Referred to Committee on Finance.

S. B. No. 63. By Senator Hollis of the 24th:
A bill to change the time of holding the superior court of Chattahoochee county; and for other purposes.
Referred to Committee on Counties and County Matters.

S. B. No. 64. By Senators Kennedy of the 2nd, and Thigpen of the 49th:
A bill to provide that no person shall recover in the courts of this state any damages, compensation, remuneration or relief for or on account of personal injury or property damage inflicted upon such person while riding as a nonpaying invited guest in an automobile, etc.; and for other purposes.
Referred to Committee on General Judiciary No. l.

S. B. No. 65. By Senators Terrell of the 19th, and Williams of the 5th:
A bill to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes.

MONDAY, JANUARY 25, 1943

Ill

Referred to Committee on Public Printing.

S. B. No. 66. By Senator Arnold of the 26th:
A bill to amend the banking laws and title 13, of the code of 1933, to provide the par value of shares of stock of banking corporations; and for other purposes.
Referred to Committee on Banks and Banking.
S. B. No. 67. By Senator Lester of the 18th:
A bill to fix the salary of the deputy insurance commissioner of the state; and for other purposes.
Referred to Committee on State of Republic.

S. B. No. 68. By Senator Kimbrough of the 25th:
A bill to change the time of holding superior court of Talbot county; and for other purposes.
Referred to Committee on Counties and County Matters.

S. B. No. 69. By Senator Martin of the 13th:
A bill to amend chapter 92, section 92-1401 to 1422 inclusive of the code, known as the "Motor fuel tax law", so as to fully except from the operation of said acts all of the separate counties of the state and all farmers touching the use of all fuel used in farming operations; and for other purposes.
Referred to Committee on Finance.

A sealed. communication was received from His Excellency, the Governor, through Honorable M. E. Thompson, executive secretary.

Senator Atkinson of the 1st 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 Senate went into executive session at 11:15 o'clock.

The following communication was dispatched to His Excellency, the Governor, throu~h Henry W. Nevin, secretary of the Senate:

i12

JOURNAL OF ,THE SENATE,

Ron. Ellis Arnall, Governor, State Capitol, Atlanta, Georgia.

January 25, 1943.

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:

Ron. J. L. Renfroe, of the County of Bulloch, to be a member of the Board of Regents of the University System of Georgia, representing the first Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1948. The vote on this confirmation was 41 to 0.

Ron. Ed Jerger, of the County of Thomas, to be a member of the Board of Regents of the University System of Georgia, representing the second Congressional District, for a term beginning January 1, 1943 and e.xpiring January 1, 1947. The vote on this confirmation was 41 to 0.
Ron. George Woodruff, of the County of Muscogee, to be a member of the Board of Regents of the University System of Georgia, representing the third Congressional District, for a term beginning January 1, 1943 and expiring January 1, 1944. The vote on this confirmation was 41 to 0.
Ron. C. J. Smith, of the County of Coweta, to be a member of the Board of Regents of the University System of Georgia, representing the fourth Congressional District, for a term beginning January 1, 1943 and expiring January I, 1949. The vote on this confirmation was 41 to 0.
Ron. Rutherford L. Ellis, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the fifth Congressional District, for a term beginning January I, 1943 and expiring January 1, 1947. The vote on this confirmation was 41 to 0.

Ron. Miller S. Bell, of the County of Baldwin, to be a member of the Board of Regents of the University System of Georgia, representing the sixth Congressional District, for a term beginning January 1, 1943 and expiring January I, 1950. The vote on this confirmation was 41 to 0.

Ron. Roy Emmet, of the County of Polk, to be a member of the Board of

Regents of the University System, representing the seventh Congressional District,

for a term beginning January 1, 1943 and expiring January 1, 1945. The vote on this

confirmation was 41 to 0.



MONDAY, JANUARY 25, 1943

113

Hon. Price Gilbert, of the County of Glynn, to be a member of the Board of Regents of the University System of Georgia, representing the eighth Congressional District, for a term beginning January 1, 1943 and expiring January 1. 1950. The vote on this confirmation was 41 to 0.
Hon. Sandy Beaver, of the County of Hall, to be a member of the Board of Regents of the University System of Georgia, representing the ninth Congressional District, for a term beginning January 1, 1943 and expiring January 1, 1945. The vote on this confirmation was 41 to 0.
Hon. Wm. S. Morris, of the County of Richmond, to be a member of the Board of Regents of the University System of Georgia, representing the tenth Congressional District, for a term beginning January 1, 1943 and expiring January 1, 1944. The vote on this confirmation was 41 to 0.
Hon. Marion Smith, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the State at large, for a term beginning January 1, 1943 and expiring January 1, 1946. The vote on this confirmation was 41 to 0.
Hon. Cason Callaway, of the County of Harris, to be a member of the Board of Regents of the University System of Georgia, representing the State at large, for a term beginning January 1, 1943 and expiring January 1, 1950. The vote on this confirmation was 41 to 0.
Hon. Frank Spratlin, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the State at large, for a term beginning January 1, 1943 and expiring January 1, 1946. The vote on this confirmation was 41 to 0.
Hon. Earl Braswell, of the County of Clarke, to be a member of the Board of Regents of the University System of Georgia, representing the State at large, for a term beginning January 1, 1943 and expiring January 1, 1949. The vote on this confirmation was 41 to 0.
Hon. Pope Brock, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the State at large, for a term beginning January 1, 1943 and expiring January 1, 1948. The vote on this confirmation was 41 to 0.
Respectfully yours,
Henry W. Nevin,
Secretary of Senate.
The Senate reconvened in a regular session at 11 :45 A. M. and resumed the order of business.

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JOURNAL OF THE SENATE,

The following bill of the Senate was read the third time and put upon its passage:
Senate Bill No. 32. By Senators Pittman of the 42nd, and Forester of the 44th: A bill to amend an act approved March 21st 1941 providing central daylight saving time for the state in lieu of eastern daylight saving time for the duration of the war 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 bills, the ayes were 31, nays 8.

The bill, having received the requisite constitutional majority, was passed.
Senator Fowler of the 39th asked unanimous consent that S. B. No. 32 be immediately transmitted to the House, and the consent was granted.
At this time Senator Atkinson of the lst, president pro tempore, took the chair.
The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
H. B. No. 12. By Messrs. MeN all of Chatham, Durden of Dougherty, Connell of Lowndes and others:
A bill to abolish the division of wild life, the department of natural resources, office of commissioner of natural resources; to create a state game and fish commission, a director, and an inspector of coastal fisheries, provide for their appointment, tenure, compensation, powers and duties; and for other purposes.
H. B. No. 36. By Mr. Thigpen of Glascock:
A bill to repeal an act to amend an act creating a board of commissioners of roads and revenues of Glascock county, relating to authorizing traveling expenses and authorizing commissioners to be employed and paid as county employees; and for other purposes.
H. B. No. 39. By Mr. Sharpe of Toombs: A bill creating five man board of commissioners of roads and revenues for Toombs county; and for other purposes.

MONDAY, JANUARY 25, 1943

115

H. B. No. 47. By Messrs. Gowen of Glynn, Durden of Dougherty, Burnside of McDuffie and others:
A bill to make appropriations for the operation of the state government for the fiscal year ending June 30, 1944 and each year thereafter until repealed; and for other purposes.
H. B. No. 63. By Mr. Smith of Dougherty and Mr. Durden of Dougherty:
A bill to amend an act captioned: "Dougherty county board of commissioners created-referendum", so as to vest in said county board of commissioners the power and authority to levy licenses and specific or occupation taxes on all those who transact or offer to transact business in said county other than within the incorporated limits of an incorporated town or city, and to provide for the collection thereof; and for other purposes.
H. B. No. 80. By Messrs. Alexander, Grayson and McNall of Chatham and others:
A bill to amend the charter of the mayor and aldermen of the city of Savannah; to create a budget commission; and for other purposes.

H. B. No. 95. By Messrs. Dorsey and Welsch of Cobb:
A bill to create a board in Cobb county to be known as the Cobb county planning commission; and for other purposes.
H. B. No. 96. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend an act to create a commissioner of roads and revenues for Cobb county, to provide for the election of said commissioner, fix his compensation; and for other purposes.
H. B. No. 110. By Mr. Willoughby of Clinch:
A bill to create and establish the county court of Clinch in and for the county of Clinch; to provide the place and times of holding said court; to define its jurisdiction, power, procedure and practice; to provide for the election of a judge, solicitor; to provide for other officers of said court; define their qualifications, powers and duties, and provide for their compensation; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
H. B. No. 12. By Messrs. McNall of Chatham, Durden of Dougherty and others:
A bill to abolish the division of wild life, the department of natural resources, office of commissioner of natural resources, to create a state game and fish commission, a director, and an inspector of coastal fisheries, provide

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for their appointment, tenure, compensation, powers and duties; and for other purposes.
Referred to Committee on Game and Fish.
H. B. No. 22. By Mr. Thigpen of Glascock: A bill to amend chapter 9-5 entitled "Disbarment proceedings", of the official code of 1933, by fixing the time for instituting such proceedings; and for other purposes.
Referred to Committee on General Judiciary No. 1.
H. B. No. 36. By Mr. Thigpen of Glascock:
A bill to repeal an act to amend an act creating a board of commissioners of roads and revenues of Glascock county, relating to traveling expenses of commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.
H. B. No. 39. By Mr. Sharp of Toombs: A bill creating a five man board of commissioners of roads and revenues for Toombs county; and for other purposes.
Referred to Committee on Counties and County Matters.

H. B. No. 47. By Messrs. Gowen of Glynn, Durden of Dougherty, and others: A bill to make appropriations for the operation of the state government for the fiscal year ending June 30, 1944 and each year thereafter until repealed ; and for other purposes.
Referred to Committee on Appropriations.
H. B. No. 63. By Messrs. Smith of Dougherty and Durden of Dougherty: A bill to amend an act captioned "Dougherty county board of commissioners create-referendum," relative to licenses and occupation taxes; and for other purposes. Referred to Committee on Counties and County Matters.

H. B. No. 80. By Messrs. Alexander, Grayson and McNall of Chatham and others: A bill to amend the charter of the mayor and aldermen of the City of Savannah; to create a budget commission; and for other purposes.
Referred to Committee on Municipal Government.
H. B. No. 95. By Messrs. Dorsey and Welsch of Cobb:

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117

A bill to create a board of Cobb county to be known as the Cobb county planning commission; and for other purposes.
Referred to Committee on Counties and County Matters.
H. B. No. 96. By Messrs. Dorsey and Welsch of Cobb: A bill to amend an act to create a commissioner of roads and revenues for Cobb county, to provide for his election and compensation; and or other purposes.
Referred to Committee on Counties and County Matters.
H. B. No. 110. A bill to create and establish the county court of Clinch in and for the County of Clinch; and for other purpo&es.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 3. By Senators Eubank of the 29th, Harrison of the 17th, Gross of the 31st and others: A bill to reorganize the state board of education by abolishing the pres~nt board and by providing for a new board; to provide for the membership; and for other purposes.
SB 7. By Senators Terrell of 19th, Gross of 31st, Atkinson of 1st and others: A bill to repeal an act to provide for the suspension of the state trea~urer and the comptroller general; and for other purposes.
SB 10. By Senators Forester of 44th, Ennis of 20th, Lester of 18th and others: A bill to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member; and other purposes.
Mr. Boyett of the 11th 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/or 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 Governor:

118
SB 3. SB 7. SB 10.

JOURNAL OF THE SENATE,
Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

Mr. Hollis of the 24th 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/or resolutions ot the Senate and have instructed me as chairman, to report the !tame back to the Senate as correct and ready for transmission to the House:

SB 32.

Respectfully submitted, M. R Hollis, of the 24th district,
Chairman.

The following bill of the Senate was read the third time and put upon its passage:
SB 17. By Senators Millican of the 52nd, Atkinson of the 1st, and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the terms of the establishment of a merit system council; and for other purposes.
Senator Foster of the 40th moved that further consideration of SB 17 be postponed until tomorrow and the motion prevailed.
Senator Ennis of the 20th moved that the Senate do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed.
The president pro tempore announced the Senate adjourned until 11 o'clock tomorrow morning.

TUESDAY, JANUARY 26, 1943

119

Senate Chamber, Atlanta, Georgia. Tuesday, January 26, 1943.
The Senate met pursuant to adjournment at 11 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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
I. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. The consent was granted.
The president introduced Hon. Lon Duckworth, chairman of the state democratic committee, to the Senate.

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 14. By Messrs. McCracken of Jefferson, Pillips of Columbia, Thurmond of Hall, and others:
A bill to amend section 32-1301 of the code of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, so as to provide that note given shall not mature later than last day of fiscal year of state; and for other purposes.
The following bills and resolution were introduced, read the first time, and referred to committees:

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SB 70. By Senator Millican of the 52nd:
A bill to amend an act entitled "Motor fuel tax law" so as to provide that the levy of motor fuel under said act be considered in fact a levy on the consumers of motor fuels; and for other purposes.
Referred to Committee on Finance.
SB 71. By Senator Millican of the 52nd:
A bill to amend act 373 of the acts of 1941 to provide for a more efficient administration of the public welfare laws of this state; and for other purposes.
Referred to Committee on Public Welfare.
SB 72. By Senator Millican of the 52nd: A bill to amend act 62 of the acts of 1937 known as the "Welfare reorganization act of 1937," and for other purposes.
Referred to Committee on Public Welfare.

SB 73. By Senators Gross of the 31st, Forester of the 44th, and Kennedy of the 2nd:
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. Referred to Committee on State of Republic.
SB 74. By Senator Boyett of the 11th:
A bill to amend the act incorporating Andrew Female College; to provide for changes in the number of trustees; and for other purposes.
Referred to Committee on Education and Public Schools.

SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th, Kennedy of the 2nd, and Harrison of the 17th:
A bill to regulate the sanitary conditions of shellfish in Georgia and to provide for inspection of oyster beds; to prohibit the taking of oysters from contaminated waters, and to regulate the sale, distribution, handling of same; and to provide that the authority to enforce the provisions of said act shall be in the department of public health, under the management and control of the board of health of the state; and for other purposes.
Referred to Committee on Game and Fish.

SB 76. By Senators Pittman of the 42nd, Bloodworth of the 22nd, and others:

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A bill to amend the act known as the "Motor fuel tax law" to exempt from taxation motor fuel used for agricultural purposes; and for other purposes.
Referred to Committee on Finance.
SB 77. By Senator Millican of the 52nd:
A bill to authorize and direct the Governor to sell all book plate metal belonging to the state; and for other purposes.
Referred to Committee on State of Republic.
SB 78. By Senator Kimbrough of the 25th:
A bill to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.
Referred to Committee on Public Property.
SB 28. By Senator Raynor of the 4th:
A resolution authorizing and directing the Governor to deed to Charlton county, a certain tract of land in Charlton county deeded to the state for park purposes; and for other purposes.
Referred to Committee on Public Property.
The following bill of the House was read the first time and referred to the committee:
HB 14. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, and others:
A bill to amend section 32-1301 of the code of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, so as to provide that note given shall not mature later than last day of fiscal year of state; and for other purposes.
Referred to Committee on Education and Public Schools.
Mr. Simmons of the 8th district, chairman of the Committee on Finance submitted the following report:
Mr. President: Your Committee on Finance have had under consideration the following resolu-
tion of the House 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,

HB 30. Do pass.

Respectfully submitted, Simmons, of the 8th district, Chairman.

Mr. David Arnall of the 26th district, chairman of the Committee on Banks and Banking submitted the following report:

Mr. President:
Your Committee on Banks and Banking have had under consideration the following bills of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

SB 52. Do pass.

SB 53. Do pass.

SB 66. Do pass.

Respectfully submitted, D. J. Arnold, of 26th district, Chairman.

Mr. Bloodworth of the 22nd 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:
HB 12. Do pass. Respectfully submitted,
Bloodworth of 22nd district,
Chairman.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 52. By Senator Arnold of the 26th:
A bill to amend the banking law and section 13-2048 of the code of 1933, concerning the deposit of a deceased depositor; and for other purposes.

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123

SB 53. By Senator Arnold of the 26th:
A bill to amend the banking laws and section 13-2013 of the code of 1933, which provided a limit for loans by state banks to any one person, firm or corporation; and for other purposes.

SB 66. By Senator Arnold of the 26th:
A bill to amend the banking laws and title 13, of the code of 1933, to provide the par value of shares of stock of banking corporations; and for other purposes.
HB 12. By Messrs. MeN all of Chatham, Durden of Dougherty, Connell of Lowndes and others:
A bill to abolish the division of wild life, the department of natural resources, office of commissioner of natural resources; to create a state game and fish commission; and for other purposes.
HR 30. By Mr. Easler of Crawford:
A resolution resolving that the House of Representatives and the Senate of the United States in Congress assembled are hereby urged to adopt the plan with reference to the imposition and collection of federal income taxes as presented by the Hon. Walter F. George of the State of Georgia and known as "The George Plan"; and for other purposes.

The following bills of the Senate were read the third time and put upon their passage:
SB 17. By Senator Millican of the 52nd, Atkinson of the 1st and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; and for other purposes.
The Committee on State of the Republic offered the following amendment:
By striking therefrom section 1 (a) in its entirety, and inserting in lieu thereof, a section to be known as section 1 (a) and to read as follows:
"That there is authorized to be created and established a merit system of personnel administration to govern appointments, promotions, demotions, suspensions and dismissals of personnel in the departments of health, public welfare (including county welfare directors), and the bureau of unemployment compensation of the department of labor".

Senator Millican of the 52nd offered the following substitute for the committ!'e amendment:

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JOURNAL OF THE SENATE,

By striking therefrom section 1 (a) in its entirety, and inserting in lieu thereof, a section to be known as section 1 (a) and to read as follows:
"That there is authorized to be created and established a merit system of personnel administration to govern apapointments, promotions, demotions, suspensions and dismissals of personnel in the departments of welfare, (other than in eelemosynary institutions,) county welfare departments, (other than county welfare board member) health department, and the bureau of unemployment compensation of the department of labor".
The substitute amendment was adopted, and the president ruled the committee amendment out of order.
Senator Raynor of the 4th offered the following amendment:
Moves to amend SB 17 by striking in its entirety section six, thereof entitled "penalties".

The amendment was lost.
Senator Terrell of the 19th offered the following amendment: By adding the word "to" immediately at the beginning of paragraphs: "C", "D", and "E" of section 3.
The amendment was adopted.
The report of the committee, which was favorable to the bill as amended, 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.
SB 2. By Senators Pope of the 7th, Brock of the 37th, Gross of the 31st and others:
A bill to propose an amendment of article VIII, section VI of the constitution by adding a new paragraph to provide for a board of regents of the university system of Georgia; to provide membership, appointment; and for other purposes.
The president asked unanimous consent to table the bill and the consent was granted.
SB 13. By Senators Bloodworth of the 22nd, Gross of the 31st, Atkinson of the 1st and others:

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125

A bill to abolish the division of wild life, the department of natural resources, office of commissioner of natural resources; to create a state game and fish commission, a director and an inspector of coastal fisneries, provide for their appointment, tenure, compensation, powers and duties; and for other purposes.

The president asked unanimous consent to table the bill and the consent was granted.

SB 5. By Senators Lester of the 18th, Gross of the 31st and others:
A bill to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles, to give said board power to grant reprieves, pardons, paroles, commute penalties; and for other purposes.

Senators Millican of the 52nd, Pittman of the 42nd and Foster of the 40th offered the following amendment:
Amend SB 5, section 4, by striking out the word "annually" in the first line of the printed bill and substituting in lieu thereof the word "bi-annually"; and striking out the word "one" in line five of the printed bill and substituting in lieu thereof the word "two".

The amendment was adopted.

Senator Millican of the 52nd and Senator Foster of the 40th offered the following amendment:
Amend SB 5, section 6 by striking out said section in its entirety and adding a new section to be known as section 6 and reading as follows:
"A majority of the board shall constitute a quorum for the transaction of all business except as hereinafter provided."

The amendment was adopted.

Senator Pittman of the 42nd and Senator Foster of the 40th offered the following amendment:
SB 5 is amended by inserting after the words "General Assembly" wherever
said appears in Section 10 of said bill the words "or member of the present Prison and Parole Board."

The amendment was adopted.

Senator Pittman of the 42nd and Senator Foster of the 40th offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SB 5, section 13, line 2, of the printed bill after the word "Board"
by striking the period after said word and adding the following:
"and in all cases involving capital punishment, a unanimous vote of all members is necessary, as provided in Section II of this act."

The amendment was adopted.

The Committee on State of Republic offered the following amendment:
Amend SB 5, section 11, line 8, after the words "the same" by adding the
following:
"In all cases when the Governor has suspended the execution of death sentence to enable the board to consider and pass on same it shall be mandatory that said board act within a period not exceeding 90 days from the date of the suspension order of the Governor.
"In all cases of clemency, pardons, and paroles, a majority vote of the members is sufficient for approval, except in cases involving capital punishment, and in such cases a unanimous vote of all members of the board is necessary for any decision contrary to the sentence of the court in said case." Further amend SB 5, section 6, by striking out said section in its entirety and adding a new section to be known as section 6 and reading as follows: "A majority of the board shall constitute a quorum for the transaction of all business except as hereinafter provided."

Senators Millican of the 52nd, Pittman of the 42nd and Foster of the 40th offered the following substitute for the committee amendment:
Amend SB 5, section 11, line 8, of the printed bill ater the words "the same" by adding the following:
"In all cases when the Governor has suspended the execution of a death sentence to enable the board to consider and pass on same it shall be mandatory that said board act within a period not exceeding 90 days from the date of the suspension order of the Governor.
"In all cases of clemency, pardons and paroles, a majority vote of the members is sufficient for approval, except in cases involving capital punishment, and in such cases a unanimous vote of all members of the board is necessary. Provided, however, if any member for any cause is unable to serve in any case involving capital punishment the Governor shall act as the third member of said board and the action so taken in such instances shall be by unanimous vote."

The substitute amendment was adopted, and the president ruled the committee amendment out of order.

Senator Bloodworth of the 22nd offered the following amendment:

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127

Amend SB 5 by adding at the end of section 23 the following proviso, to wit: Provided, however, the said hoard shall not establish any rule or regulation prescribing any rule of eligibility which would require the prisoner to serve more than one-tenth of his sentence before application for pardon or parole.
The amendment was lost.
Senator Terrell of the 19th offered the following amendment:
Amend SB 5 by striking the words "Section 26" as it appears in line 18 on page 8 of the printed bill inserting in lieu thereof the words "Section 27".

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 6. By Senators Lester of the 18th, Gross of the 31st, and others: A bill to revise the laws relating to penal administration, pardons, paroles, etc.; to change the name of the prison and parole commission; to continue the present prison and parole commission in office; to take from the prison and parole commission all its powers anad duties relating to pardons, paroles to provide for a state board of prisons; and for other purposes.

Senator Harrison of the 17th moved to table the hill 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 37, nays 1.

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

SB 46.

By Senators Gross of the 31st, Atkinson of the 1st, and others: A bill to amend an act to create a department of public safety by providing for members of the department of public safety, expenses, meeting, offiicers, and for other purposes.

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

On the passage of the hill, the ayes were 33, nays 0.

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

Senator Simmons of the 8th asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock tomorrow morning, and the consent was granted.

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

The president announced the Senate adjourned until 11 o'clock tomorrow morning.

WEDNESDAY, JANUARY 27, 1943

129

Senate Chamber, Atlanta, Georgia. Wednesday, January 27, 1943.
The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president.
Prayer was offered by Senator Dantzler of the 43rd.
By unanimous consent, the call of the roll was dispensed with.
Senator Whitworth of the 30th 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorabaly reported. 4. Consideration of local uncontested bills and resolutions. The consent was granted.
The following privileged resolution was read and adopted: By Senators Dantzler of the 43rd and Pittman of the 42nd: Ernest Neal, educator and 'poet laureate' of Georgia, at the ripe age of 84 having passed on, resolved that this Senate take notice thereof and extend sympathies to relatives and friends.
The president granted the privileges of the floor to Hon. Jack Carithers.
Mr. Hollis of the 24th 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/or 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:
SB 6.
SB 17.

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JOURNAL OF THE SENATE,

SB 46. SB 9.
SB 15. SB 20. SB 5.
SB 8.

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend chapter 32-21 of code of 1933 entitled "Compulsory school attendance" so that the age of compulsory school attendance shall be changed from the ages of "eight and fourteen" to "six and sixteen" and the term from "six" months to "seven" months, and so that compulsory school attendance may be enforced for children within the ages of six and sixteen until such child finishes the ninth grade; and for other purposes.

HB 31. By Mr. Weaver of Bibb:
A bill to provide how guardians, adaministrators, trustees and other fiduciaries may sell stocks or bonds which are listed in a stock exchange ; and for other purposes.

HB 32. By Mr. Weaver of Bibb:
A bill to amend an act 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.

HB 33. By Mr. Weaver of Bibb:
A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes and other evidences of indebtedness; and for other purposes.

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131

HB 35. By Mr. Barfield of Bibb:
A bill to amend an act known as the land registration act, approved on the 21st day of August, 1917; and for other purposes.

HB 41. By Mr. Elliott of Muscogee:
A bill to amend section 96-205 of the code of 1933, to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such voluntary deed or conveyance shall have priority as provided in said last mentioned section, over subsequent deeds or conveyances; and for other purposes.

HB 58. By Mr. Strickhmd of Haralson: A bill to fix the compensation of the state superintendent of school~ in his capacity as executive secretary of the state board of education and the administrative office!' of the state department of education; and for other purposes.
HB 43. By Mr. Elliott of Muscogee:
A bill to declare certain days as public and legal holidays; to declare certain days as religious holidays ; and for other purposes.

The House passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 8. By Senators Ennis of the 20th Atkinson of the 1st and others:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of a state auditor; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering amendments offered by the House:
SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Dean of the 34th:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of a state auditor; and for other purposes.

The House offered the following amendments:
Grayson of Chatham and Harris of Richmond move to amend SB 8 by striking therefrom in its entirety the third paragraph of section 1 and inserting in lieu thereof the following:

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The term of office of the state auditor shall run concurrently with that of the membership of the General Assembly for a period of two years and at the next regular session of the General Assembly of the State of Georgia a state auditor shall be elected as hereinbefore provided. Said state auditor shall hold office until his successor is elected. In the event of a vacancy in the position of state auditor at a time when the General Assembly is not in session it shall be the duty of the Governor of the State of Georgia and he is hereby empowered and directed to appoint a state auditor possessing the qualifications as provided herein who shall serve as such state auditor until the next regular session of the General Assembly at which time the nomination and election of a state auditor shall be held by the General Assembly as provided herein. If the General Assembly shall adjourn sine die at any regular session without electing a state auditor as provided herein the Governor is empowered and directed to appoint a state auditor who shall serve until the next convening of the General Assembly and until his successor is elected as provided herein.

Mr. Thomas of Chattooga moved to amend by adding a new section to read as follows:
The auditor shall not receive pay for any other service rendered the state.

Senator :Vlillican of the 52nd moved that the Senate disagree to the House amendments to SB 8, and the motion prevailed.

The following bills and resolutions were read the first time and referred to committees:
SB 79. By Senators Harrison of the 17th, Kimbrough of the 25th, Whitworth of the 38th, Martin of the 13th and Dantzler of the 43rd:
A bill 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 taxes wines made from crops of grapes, fruits and berries, whether wild or cultivated by producers in Georgia of such crops; and for other purposes.
Referred to Committee on Temperance.

SB 80. By Senators Pope of the 7th, Kennedy of the 2nd, Raynor of the 4th, Forester of the 44th:
A bill to amend an act to provide for the establishment of a department of labor, by abolishing the present industrial board and creating in lieu thereof a state board of workmens compensation; to define its duties; arid for other purposes.
Referred to Committee on State of Republic.

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133

SB 81. By Senator Arnold of the 26th:
A bill to amend an act relating to the effect of filing for record mortgages, bills of sale, contracts, etc.; to provide for renewal of such notice; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 82. By Senator Arnold of the 26th:
A bill to provide that transfers by executors or administrators with the will annexed under common form probate, of registered bonds, certificates, shares, etc., shall be valid; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 83. By Senator Arnold of the 26th:
A bill to provide that the judge of any circuit may fix a salary to be paid to the court reporter by the different counties comprising his circuit; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 84. By Senator Arnold of the 26th:
A bill to provide for intermediate reports and accountings by fiduciaries; tc change the time for filing annual returns by executors, administrators guardians, trustees and other fiduciaries; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SR 29. By Senator Simmons of the 8th:
A resolution that this Senate does heartily concur in the resolution passec by the House of Representatives memorializing Congress to speedily take such action as is necessary to guarantee the peanut farmers a fair price for their product; and for other purposes.
Referred to Committee on Agricuture.

The following bills of the House were read the first time and referred to committees:
HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend chapter 32-21 of code of 1933 entitled "Compulsory school attendance" so that compulsory school attendance may be enforced for children within the ages of six and sixteen until such child finishes the ninth grade; and for other purposes.
Referred to Committee on Education and Public Schools.

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HB 31. By Mr. Weaver of Bibb:
A bill to provide how guardians, administrators, executors, trustees, and other fiduciaries may sell stock or bonds which are listed in a stock exchange; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 32. By Mr. Weaver of Bibb:
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 for minor children; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 33. By Mr. Weaver of Bibb:
A bill to provide for the sale and tranasfer by guardians, administrators, executors, trustees, and other fiduciaries of notes and other evidence of indebtedness; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 35. By. Mr. Barfield of Bibb:
A bill to amend section 31 of the land registration act to allow owner of a tract of land to transfer to himself separate parcels without necessarily freeing said transferred parcels from further registration; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 43. By Mr. Elliott of Muscogee: A bill declaring certain days as public legal holidays, religious holidays; and for other purposes.
Referred to Committee on State of Republic.

HB 41. By Mr. Elliott of Muscogee:
A bill to amend section 96-205 of the 1933 code to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such deed or conveyance shall have priority as provided in last said mentioned section over subsequent deeds or conveyance; and for other purposes.
Referred to Committee on General Judiciary No.2.
HB 58. By Mr. W. 0. Strickland of Haralson:

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135

A bill to fix the compensation of the state superintendent of schools in his capacity as executive secretary of the state board of education and the administrative officer of the state department of education; and for other purposes.
Referred to Committee on Finance.

Mr. W. W. Stark of the 33rd district, chairman of the Committee on General Judiciary No. 2 submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
SB 55. Do pass. Respectfully submitted,
W. W. Stark, of 33rd district,
Chairman.

Mr. Terrell of the 19th district, chairman of the Committee on General Judiciary No. 1 submitted the following report:

Mr. President:
Your Committee on General Judiciary Committee 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:

SB 39. Do pass as amended.

SB 40. Do pass.

SB 35. Do pass.

SB 59. Do pass.

Respectfully submitted, J. H. Terrell, of 19th district,

Chairman.

Mr. Fowler of the 39th district, chairman of the Committee on Public Property submitted the following report:
Mr. President:
Your Committee on Public Property have had under consideration the following

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bills and resolutions of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

SR 28. Do pass.

SB 78. Do pass.

Respectfully submitted, Fowler of 39th district, Chairman.

Mr. Moore of the 32nd district, chairman of the Committee on Counties and County 1\Iatters, submitted the following report:

Mr. President:

Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

HB 63. Do pass.

HB 110. Do pass.

SB 63. Do pass.

SB 68. Do pass. SB 61. Do pass.

HB 39. Do not pass.

HB 95. Do pass.

HB 96. Do pass.

Respectfuly submitted,

G. H. Moore of 32nd district,

Chairman.

Senator Bacon of the 28th district, chairman of the Committee on Public Printing submitted the following report:
Mr. President: Your Committee on Public Printing have had under consideration the following

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137

bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations: That
SB 65. Do pass. Respectfully submitted, W. T. Bacon of 28th district, Chairman.

Mr. Atkinson of the 1st district, vice chairman of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
SR 19. Do pass.
Respectfully submitted,
Atkinson 1st district,
Chairman.

Mr. Terrell of the 19th 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:

SB 25. Do pass. SB 50. Do pass. SB 51. Do pass. SB 22. Do pass as amended. SB 24. Do pass as amended. HB22. Do pass.

Respectfully submitted, J. H. Terrel, of 19th district, Chairman.

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The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 22. By Senator Bloodworth of the 22nd:
A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes, and other evidences of indebtedness; and for other purposes.

SB 24. By Senator Bloodworth of the 22nd:
A bill to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks- or bonds which are listed upon a stock exchange; and for other purposes.

SB 25. By Senator Bloodworth of the 22nd:
A bill to amend an act so as to further provide the method of obtaining leavr to sell property set apart as a year's support and in which minor children have an interest; and other purposes.

SB 35. By Senator Millican of the 52nd:
A bill to provide that in all criminal trials, except when defendant enters a plea of guilt, the jury shall pass only on the guilt or innocence of the accused; to provide that the trial judge shall fix sentence in cases of convictionor plea of guilt; and for other purposes.

SB 39. By Senator Moore of the 32nd:
A bill to repeal section 67-803 of the code of 1933 so as to provide the giving of a pauper's affidavit in lieu of bond in case of statutory foreclosure; and for other purposes.

SB 40. By Senator Millican of the 52nd:
A bill to amend chapter 79, section 501, of the code of 1933, entitled "Change of names-manner; petition" by adding at the end of said section SOl a provision requiring publication in the county official organ; and for other purposes.

SB 50. By Senators Ennis of the 20th, Terrell of the 19th, and Pittman of the 42nd:
A bill to amend and revise the laws relating to costs collected in cases in the supreme court and the court of appeals, so as to provide for payment to and report of such costs monthly to the state treasurer for payment into the general funds of the treasury; and for other purposes.
SB 51. By Senator Bloodworth of the 22nd:

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139

A bill, to amend section 92-5712 of the code of 1933, providing for proportionate tax payments and release from tax liens by owners or holders of any equity, lien; and for other purposes.

SB 55. By Senator Arnold of the 26th:
A bill to amend section 24-3104 bf the code of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.

SB 59. By Senator Thigpen of the 49th:
A bill to prohibit keeping, possessing, selling, renting, giving away, transportation or offering for any such purpose of coin operated device or slot machines; or the making of any agreement with reference to the same; and for other purposes.

SB 61. By Senator Millican of the 52nd:
A bill to provide for examination of master electricians in counties having population of 150,000 or more by U. S. census of 1930 so as to reduce the cost of renewal certificates; and for other purposes.

SB 63. By Senator Hollis of the 24th:
A bill to change the time of holding the superior court of Chattahoochee county; and for other purposes.

SB 65. By Senator Terrell of the 19th, Senator Williams of the 5th:
A bill to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes."

SB 68. By Senator Kimbrough of the 25th:
A bill to change the time of holding the superior court of Talbot county; and for other purposes.
SB 78. By Senator Kimbrough of the 25th:
A bill to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.

HB 22. By Mr. Thigpen of Glascock:
A bill to amend chapter 9-5 entitled "Disbarment proceedings," of the official code of 1933, to provide for a limitation of actions for the disbarment of attorneys; and for other purposes.

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HB 63. By Messrs. Smith and Durden of Dougherty:
A bill to amend an act known as "Dougherty county board of commissioners created-referendum", so as to vest in said board the power and authority to levy licenses and specific occupation taxes on all those who transact or offer to transact business in said county other than within the incorporated limits of an incorporated town or city; and for other purposes.

HB 95. By Messrs. Dorsey and Welsch of Cobb:
A bill to create a board in Cobb county to be known as the Cobb county planning commission; and for other purposes.
HB 96. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend an act to create a commissioner of roads and revenues for Cobb county, to provide for the election of same, fix his compensation; and for other purposoes.
HB 110. By Mr. Willoughby of Clinch:
A bill to create and establish the county court of Clinch m and for the County of Clinch; and for other purposes.
SR 19. By Senator Millican of the 52nd:
A resolution providing that House amendments to Senate bills or resolutions and reports of conference committees must receive a majority vote of the entire membership of the Senate to be adopted.
SR 28. By Senator Raynor of the 4th:
A resolution to deed the title of certain lands to Charlton county; and for other purposes.
Senator Harrison of the 17th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Amendments to the Constitution, read the second time and recommitted:
HB 2. By Messrs. Foster of Paulding and others:
A bill to amend article 8, section 6, of the constitution to provide for a board of regents; and for other purposes.
The consent was granted.
Senator Atkinson of the lst asked unanimous consent that the following bill be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HB 47. By Messrs. Gowen of Glynn and others:

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141

A bill to make appropriations for the operation of the state government for the fiscal year ending June 30, 1944, and each year thereafter until repealed; and for other purposes.

The consent was granted.

Senator Atkinson of the 1st asked unanimous consent that the following bill be recommitted to the Committee on State of. Republic:
SB 12. By Senators Arnall of the 36th, Gross of the 31st, Atkinson of the 1st and others:
A bill to reorganize the state department of law by repealing code sections 14-1607, 14-1608 and 14-1609 relating to the department of law, attorney general, assistant attorneys general, employment of counsel, to create a department of law; to provide for an attorney general and assistants; and for other purposes.

The consent was granted.

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The House insists on its position on House amendment to the following bill of the Senate, to wit:
SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of.;.he 17th, and others:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor; and for other purposes.
The following resolution was read and adopted:
SR 30. By Senator Gross of the 31st: A resolution appointing Hon. Wightman E. Melton as poet laureate of Georgia.
The following bills and resolutions were read the third time and put upon their passage:
SR 12. By Senators Pittman of the 42nd, Atkinson of the 1st, Ennis of the 20th and others:
A resolution proposing an amendment to paragraph XII of section 1 of article V of the constitution which vests in the Governor power to grant

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reprievrs and pardons to commute penalties, to remove disabilities imposed by law to remit any part of a sentence and to suspend sentences; to provide for a state board of pardons and paroles; and for other purposes.

The Committee on Amendments to the Constitution offered the following amendment:
To amend SR 12 by adding to same the following words:
"Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases of capital punishment a unanimous vote shall be required for action; in all other cases a majority shall decide the action of the boards except if any member for any cause is unable to serve in any case involving capital punishment, the Governor shall act as third member of said Board and the action so taken in such instances shall be by unanimous vote."

The amendment was adopted.

The resolution as amended, was as follows:
A Resolution-Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to paragraph XII of section 1 of article V of the Constitution of the State of Georgia which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to suspend sentences, by taking from the Governor all power over the same except as to suspension of death sentences and sentences in treason cases which are retained in him; to provide for a State Board of Pardons and Paaroles, and for appointment, terms of office, compensation and duties of the members of the State Board of Pardons and Paroles; to provide that te power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; to provide that the existing State Board of Pardons and Paroles created by the General Assembly shall take over and exercise the powers and duties conferred by this Amendment in lieu of the creation of a new Board of such name and such existing Board shall have all the rights, powers, duties and privileges the same as if created by the General Assembly subsequent to the adoption of this amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Upon approval of this Resolution in the manner hereinafter provided, that paragraph XII of section 1 of article V of the Constitution of the State of Georgia, as follows:

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143

"2-2612. (6481) Paragraph XII. Reprieves and Pardons.
He shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting therof, 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 the body each case of reprieve, pardon, or commutation granted, stating the name of the convict, the offense of which he was convicted, the sentence and its date, the date of the reprieve, 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."
be, and the same is, hereby amended, by striking paragraph XII of section 1 of article V, as above set out, in its entirety, and that in lieu thereof a new paragraph to be substituted, to be known as paragraph XII of section 1 of article V, and which shall read as follows :
"The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the cases to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, 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. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Senate is not in session shall be effective ad interim. The first members shall be appointed for terms of three, five and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any

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part of a sentence for any offense against the State, after conviction, except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. The first Board of Pardons and Paroles under this provision may be those in office under an Act of the General Assembly creating such a Board existing at the time of the adoption of this amendment, which, if so existing, shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment, and which Board shall have all the rights, privileges, powers and duties the same as if it was so subsequently created, and the terms of members of such Board shall date from the time specified in the existing act of the General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment."
"Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases of capital punishment a unanimous vote shall be required for action; in all other cases a majority shall decide the action of the boards except if any member for any cause is unable to serve in any case involving capital punishment, the Governor shall act as third member of said Board and the action so taken in such instances shall be by unanimous vote."
Section 2. When said amendment shall be agreed to by two-thirds vote of each House, with the "ayes" and "nays" thereon entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.

The report of the committee, which was favorable to the adoption of the resolution as amended, 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 aftirmative were Senators:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd

Bloodworth of 23rd Boyett Brock Byrd Clements

Cooper Dantzler Ennis Estes . Eubank

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145

Forrester Foster Fowler Griner Hall Hampton Harrison Hollis Kaigler

Kennedy Kennon Kimbrough Millican Newton Oden Peterson Pittman Pope

Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Arnall, Dean, Ingram, Jones, Lester, Lovett, Martin, Moore and Shannon.

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 as amended.

Senator Pope of the 7th asked unanimous consent that the resolution be immediately transmitted to the House and the consent was granted.
SB 44. By Senator Williams of the 5th and Raynor of the 4th:
A bill to provide persons delinquent in payment of poll taxes may pay $3.00 and be re-instated; and for other purposes.

The Committee on State of Republic offered the following amendment:
To amend SB 44 by adding before the figure $3.00, wherever same appears in caption of said bill, the words "not exceeding" and also add a new paragraph to be known as Section 1-A as follows:
Section 1-A: No poll taxes shall be required from any person for any part of year during which any such person served in the armed forces of the United States and that the caption be amended accordingly.
The amendment was adopted.

Senator Bloodworth of the 22nd offered the following amendment:
To amend SB 44 by adding at the end of section 1, the following proviso, to wit "provided said re-instatement is applied for within six months after the passage and approval of this Act", and to amend the caption accordingly.
Senator Millican of the 52nd offered the following amendment to the previous amendment:

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Amend SB 44 by striking the words "six months" and inserting in lieu thereof the words "two years".
To further amend said amendment by adding the following: "provided in cases of citizens in the armed forces they shall have one year from the date of their release from the armed forces for re-instatement as provided in this Act".
On the adoption of the amendment to the amendment the ayes were 25, nays 17, and the amendment to the amendment was adopted.
On the adoption of the amendment as amended the ayes were 21, nays 20, and the amendment was adopted as amended.

Senator Williams of the 5th offered the following amendment:
Amend SB 44 by adding the words "or may be" before the word "dropped" in line two of caption, and further amended by adding the words "or may be" in line two, of section one, before the word "dropped".

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 13.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Fowler of the 39th asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted. SB 36. By Senator Arnall of the 36th:
A bill to repeal an Act approved March 8, 1937, entitled, "An act to establish a state planning board; to provide for the appointment of a chairman and members of the board"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 5.
The bill, having received the requisite constitutional majority, was passed.
Senator Fowler of the 39th introduced Lieutenant Billy Estes, nephew of Senator Estes, to the Senatae.
Senator Millican of the 52nd moved that the Senate insist on its position in dis-

WEDNESDAY, JANUARY 27, 1943

147

agreeing with the House amendments to the following bill of the Senate and that a conference committee be appointed to confer with a lik:e committee on the part of the House:
SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th and others.
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of a state auditor; and for other purposes.
The motion prevailed and the president appointed on the part of the Senate, Senators Atkinson of the 1st, Simmons of the 8th and Millican of the 52nd.
Senator Atkinson of the 1st ask:ed unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock: tomorrow, and the consent was granted.
Senator Atkinson of the 1st moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjom:ned until 11 o'clock: tomorrow morning.

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Senate Chamber, Atlanta, Georgia.
Thursday, January 28, 1943.
The Senate met pursuant to adjournment at 11 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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and re5olutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions.

The consent was granted.

A sealed communication was received from His Excellency, the Governor, through Han. M. E. Thompson, executive secretary.

The following privileged resolution was read and adopted: By Senator Raynor of the 4th: A resolution extending privileges of the floor to Col. Preston of Douglas, Georgia.
A communication was received from the Georgia public service commission through Mr. McDonald, the chairman thereof.

The president referred the communication to the Committee on Interstate Cooperative Committee of Councils of State Government.

Senator Atkinson of the 1st asked unanimous consent for the Senate stay in session until th~ completion of its business today, after which adjourn until 11 o'clock Monday morning, and the consent was granted.

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149

The following bills and resolutions were introduced, read the first time and referred to committees:
SB 85. By Senator Millican of the 52nd:
A bill to amend the uniform narcotic drug act to provide for the sale of drugs to the master of a ship or any aircraft upon which no physician is regularly employed and for the sale to certain others under supervision of a commissioned officer of the United States public health service; and for other purposes.
Referred to Committee on State of Republic.
SB 86. By Senator Ennis of the 20th:
A bill to amend an act to provide that the trial judge have jurisdiction to commit convicts between sixteen and eighteen years of age to the state training school for boys; and for other purposes.
Referred to Committee on Training Schools.
SR 31. By Senators Lovett of the 16th, Ansley of the lOth Kimbrough of the 25th,
Whitworth of the 38th, Hall of the 50th, Stark: of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Bloodworth of the 22nd, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th:
A resolution proposing an amendment to article 3, section 9, paragraph 1, of the constitution to provide that members of the General Assembly shall receive $600.00 as full compensation for a legislative session; and for other purposes.
Referred to Committee on State of Republic.
SR 32. By Senator Lovett of the 16th, and others:
A resolution proposing an amendment to article 3, section 4, paragraph 3, of the constitution to provide that the General Assembly shall convene on the second Monday in January 1945, and biennially thereafter on the same date for a sixty day session; to abolish the ten day session; and for other purposes.
Referred to Committee on Amendments to the Constitution.
Mr. Eubank of the 29th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools have had under consideration

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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:

SB 74. Do Pass

HB 14. Do Pass

Respectfully submitted,

]. E. Eubank, of 29th district, Chairman.

Mr. Bloodworth of the 23rd 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 House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 13. Do Pass
Respectfully submitted,
J. W. Bloodworth, of 23rd district,
Chairman.

Mr. Kimbrough of the 25th District, Vice Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 80. Do Pass

SB 58. Do Pass

SB 42. Do Pass

Respectfully submitted, H. C. Kimbrough, of 25th district,

Vice Chairman.
Senator Arnall of the 36th District, Chairman of the Committee on Appropriations, submitted the following report:

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151

Mr. President:
Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 47. Do Pass

Respectfully submitted,

H. C. Arnall, of 36th district, Chairman.

Mr. Bloodworth of the 22nd District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 75. Do Pass Respectfully submitted,
Bloodworth of 22nd district,
Chairman.

Mr. Atkinson of the 1st District, Vice Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic have had under consideration the follow-
ing bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 12. Do Pass by Substitute Respectfully submitted,
Atkinson of 1st district,
Vice Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to Constitution have had under consideration

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the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 2. Do Pass Respectfully submitted, Jeff Pope, of 7th district, Chairman.

Mr. Terrell of the 19th 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:
SB 43. Do Pass by Committee Substitute Respectfully submitted,
Terrell, of 19th district,
Chairman.

Mr. Moore of the 32nd 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:
HB 36. Do Pass Respectfully submitted,
G. H. Moore, of 32nd district,
Chairman.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 42. By Senator Martin of the 13th:
A bill to amend an act providing the manner of registration of voters in the City of Oglethorpe; and for other purposes.
SB 43. By Senator Millican of the 52nd:

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A bill authorizing the superior courts of the state to hear and determine the time and place of birth of persons on petition for establishment of birth certificates; and for other purposes.

SB 58. By Senator Bloodworth of the 22nd:
A bill to amend an act to re-enact the charter of the City of Macon; to consolidate into one act all acts constituting the charter of the City of Macon; and for other purposes.

SB 74. By Senator Boyett of the 11th:
A bill to amend the act incorporating Andrew Female College; to provide for changes in the number of trustees; and for other purposes.

SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th, Kennedy of the 2nd and Harrison of the 17th:
A bill to regulate the sanitary conditions of shellfish in Gc!orgia and to provide for inspection of oyster beds; to prohibit the taking of oysters from contaminated water; to put such regulations under the control of the state board of health; and for other purposes.
HB 13. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others:
A bill to provide the qualifications of the adjutant general of Georgia; to provide his official residence; and for other purposes.
HB 14. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others :
A bill to amend section 32-1301 of the code of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, so as to provide that note given shall not mature later than last day of fiscal year of state; and for other purposes.
HB 36. By Mr. Thigpen of Glascock:
A bill creating a board of commissioners of roads and revenues of Glascock county, relating to authorizing traveling expenses and authorizing commissioners to be employed and paid as county employees; and for other purposes.
HB 80. By Messrs. Alexander, Grayson and McNall of Chatham county and others:
A bill to amend the charter of the mayor and aldermen of the City of Savannah to create a budget commission; and for other purposes.

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Under the order of business previously established the following uncontested local bills were read the third time and put upon their passage: SB 61. By Senator Millican of the 52nd:
A bill to amend an act for examination of electricians in counties having population of 150,000 or more, so as to reduce the cost of renewal certificates; and for other purposes.
The report 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.
SB 63. By Senator Hollis of the 24th:
A bill to change the time of holding the superior court of Chattahoochee county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 68. By Senator .Kimbrough of the 25th: A bill to change the time of holding the superior court of Talbot county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 63. By Messrs. Smith and Durden of Dougherty: A bill to amend an act captioned: "Dougherty county board of commissioners created-referendum"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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155

The bill, having received the requisite constitutional majority, was passed.
HB 95. By Messrs. Dorsey and Welsch of Cobb: A bill to create a board in Cobb county to be known as the Cobb county planning 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.
HB 96. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend an act to create a commissioner of roads and revenues for Cobb county; to provide for the election of same, fix his compensation; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 110. By Mr. Willoughby of Clinch: A bill to create and establish a county court for the County cf Clinch; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills
and resolutions of the House to wit:
HB 18. By Messrs. Copeland, Smith, and Elliott of Muscogee:

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A bill to change and fix the salaries of the judge ad solicitor of the city court of Columbus; to provide payment of same; to prohibit the judge of said city court from engaging in the private practice of law; and for other purposes.
HB 21. By Mr. Thigpen of Glascock:
A bill to amend section 81-1102 of the code of 1933; by adding thereto the following language: "Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon"; and for other purposes.

HB 38. By Mr. Sharpe of Toombs:
A bill providing for four (4) terms superior court, Toombs county; and for other purposes.
HB 51. By Mr. Wilbanks of Habersham:
A bill to abolish the Habersham county city court and to repeal an act creating said court; and for other purposes.
HB 52. By Mr. Thigpen of Glascock:
A bill to amend an act to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of official duties so as to provide compensation for sheriffs in summoning a jury while the city or superior courts are in session; and for other purposes.
HB 59. By Mr. Strickland of Haralson:
A bill to amend section 32-2401 of the code of 1933, relating to the powers and duties of the state board of education so as to authorize said board to promote the establishment of schools for adult illiterates; and for other purposes.
HB 60. By Mr. Key of Jasper:
A bill to amend an act amending the income tax laws (Georgia laws 1937, pages 109-148) by providing exemption for dividends received on the stock of banks and trust companies; and for other purposes.
HB 61. By Messrs. Smith and Durden of Dougherty:
A bill to require all candidates for the General Assembly in Dougherty county to designate and qualify for the seats in the General Assembly and name their incumbent opponents; and for other purposes.
HB 67. By Messrs. Deal and Brunson of Bullock, Turner, Hubert and Broome of DeKalb:

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157

A bill to fix the salary of the deputy insurance commissioner of the state; and for other purposes.

HB 84. By Messrs. Mabry and Jennings of Sumter:
A bill to repeal an act to require candidates in primary elections for members of the General Assembly in Sumter county, to specify the particular incumbent which they desire to oppose or succeed; and for other purposes.

HB 92. By Mr. Mcintosh of Mcintosh, and others:
A bill to amend an act to establish the city court of Darien, to provide that the judge and solicitor shall be elected by the voters; and for other purposes.

HB 126. By Mr. Dukes of Bryan:
A bill to amend an act creating the city court of Pembroke in and for the county of Bryan, so as to provide for the terms of said court, the fees of the solicitor; and for other purposes.

HB 130. By Mr. Gowen and Mr. Gilbert of Glynn:
A bill to amend an act to amend an act to establish the city court of Brunswick so as to change the salaries of the judge, solicitor, sheriff and clerk of said court; and for other purposes ; so as to increase the salary of the solicitor; and for other purposes.

HB 146. By Mr. Norman of Henry:
A bill to abolish the city court of Henry county, and to transfer all matters pending in such court and all records of file in such court to the superior court of Henry county; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 32. By Senators Pittman of the 42nd, and Forester of the 44th: A bill to amend an act approved March 21, 1941 providing central daylight saving time for the state in lieu of eastern daylight saving time for the duration of the war only; and for other purposes.

The speaker has appointed as a Conference Committee on the part of the House on SB 8:
A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of a state auditor and for other purposes:
The following members of the House to wit:

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Messrs. Grayson of Chatham. McCracken of Jefferson. Rossee of Putnam.

Mr. Boyett of the 11th 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/or 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 Governor:
SB 32. Respectfully submitted,
R. L. Boyett of the 11th district,
Chairman.

Mr. Hollis of the 24th 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/or 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:

SB 36.

SB 44.

SR 12.

SR 30.

Respectfully submitted,

M. R. Hollis of 24th district,

Chairman.

A resolution by Senator Terrell of the 19th extending the privileges of the floor to Hon. F. L. Sparks of Warrenton, Georgia, was read and adopted.

The following bills were read the third time and put upon their passage: HB 12. By Messrs. MeN all of Chatham, Durden of Dougherty, Connell of
Lowndes and others:

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159

A bill to abolish the division of wild life, the department of natural re sources; and for other purposes.

Senator Stark of the 33rd offered the following amendment:
Amend HB 12 by striking section 20 in its entirety, and substituting m lieu thereof the following:
Section 20. Any person violating the provision of this act shall be guilty of a misdemeanor.

The amendment was lost.

Senators Terrell of the 19th, and Millican of the 52nd offered the following amendment:

Amend HB 12 as amended, by striking the figures $6,000 as it appears in section 7 and inserting in lieu thereof the figures $4,000.

The amendment was adopted.

Senator Raynor of the 4th offered the following amendment:

Amend HB 12 by striking section 2 thereof and substituting in lieu a new section to provide as follows:
"There is hereby created and established a commission to be known as the State Game and Fish Commission composed of one member from each congressional district in this state, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, Mcintosh, Glynn or Camden. The member from the 1st congressional district and the member from the eighth congressional district shall not be from any of the six counties named herein. The members of such commission shall be appointed by the Governor and confirmed by the Senate, and shall hold office until their successors are appointed and qualified. The Governor shall not be a member of such commission".

Section 2. To further amend section 9 by adding thereto the following: "the director shall not appoint any persons as assistants, protectors, employees, including wild life rangers, related by blood or marriage in a degree closer than third cousins to the director or members of the commission".
Section 3. To further amend section 3, line 3, by striking the words "two for seven years'' and inserting in lieu thereof the words "three for seven years".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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On passage of the bill the ayes were 44, nays 0.

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

HB 2. By Messrs. Foster of Paulding and others:
A BILL
To be entitled an act to propose to the qualified electors for ratification or rejection an amendment of article VIII, section VI of the constitution of the State of Georgia by adding a new paragraph to provide for a board of regents of the University System of Georgia; to provide membership, appointment, qualification, term of office, tenure, filling of vacancies, powers and duties of the board of regents of the University System of Georgia; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That there shall be proposed to the qualified electors for ratification or rejection at the next general election an amendment of article VIII, section VI of the constitution of the State of Georgia by adding a new paragraph to be numbered paragraph 2 to read as follows:
"There shall be a board of regents of the University System of Georgia, and the government, control, and all of its institutions in said system, shall be vested in said board of regents of the University System of Georgia. Said board of regents of the University System of Georgia shall consist of one member from each congressional district in the state, and five additional members from the state-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The first board of regents under this provision shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session, to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the board of regents shall hold office until their successors are appointed. The said board of regents of the University System of Georgia shall have the power and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter 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 entered on their

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161

respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the constitution, as provided by the constitution and laws relating to constitutional amendments.

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 ot 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:

Ansley

Eubank

Arnall

Foster

Arnold

Griner

Atkinson

Hall

Bacon

Hampton

Bloodworth of 22nd

Harrison

Bloodworth of 23rd

Hollis

Boyett

Ingram

Brock

Kaigler

Byrd

Kennedy

Clements

Kennon

Cooper

Kimbrough

Dantzler

Lester

Dean

Lovett

Ennis

Martin

Millican Moore Newton Oden Peterson Pope Preston Shannon Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams

Those not voting were Senators Estes, Forester, Fowler, Jones, Pittman, and Raynor.

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

On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
HB 47. By Messrs. Gowen of Glynn and others: A bill to make appropriations for the operation of the state government for

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the fiscal year ending June 30, 1944, and each year thereafter until repealed; and for other purposes.
The president asked unanimous consent that the Senate consider the bill section by section and the consent was granted.

Senator Arnold of the 26th offered the following amendment:
Amend section 25 by adding to section 25 the following:
Provided that from and after the passage of this act it shall be unlawful for any person connected with the State Department of Agriculture to publish, or cause to be published, the paper known as the Market Bulletin by use of or at the expense of state funds. Provided further that it shall be unlawful for any person connected with the State Department of Agriculture, to publish or cause to be published any other publication as a substitute for the publication known as the Market Bulletin, by use of or at the expense of state funds.

The amendment was lost.

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

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

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis Eubank

Forester Foster Fowler Griner Hall Hampton Harrison Hollis Ingram Kennedy Kennon Kimbrough Martin Millican Moore Newton

Oden Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Estes, Jones, Kaigler, Lester and Lovett.

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163

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 46, 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 the report of a conference committee: SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Har-
rison of the 17, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th and Dean of the 34th. A bill to amend section 40-1801 of the code of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of a state auditor; and for other purposes. The following conference committee report was read: Mr. President and Mr. Speaker: Your committee appointed on conference on SB 8 has met and considered the differences between the House and the Senate and beg to report that they are unable to come to a unanimous agreement.
On the part of the Senate:
Senator Atkinson
Senator Simmons
Senator Millic:tn

On the part of the House:
Grayson of Chatham
Rossee of Putnam
McCracken of Jefferson
Senator Atkinson of the 1st moved that the Senate recede from its position in disagreeing with the following House amendments to SB 8:
Grayson of Chatham and Harris of Richmond move to amend SB 8 by striking therefrom in its entirety the third paragraph of section 1 and inserting in lieu thereof the following:
The term of office of the state auditor shall run concurrently with that of the membership of the General Assembly for a period of two years and at the next regu-

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JOURNAL OF THE SENATE,

lar session of the General Assembly of the State of Georgia a state auditor shall be elected as hereinbefore provided. Said State Auditor shall hold office until his successor is elected. In the event of a vacancy in the position of state auditor at a time when the General Assembly is not in session it shall be the duty of the Governor of the State of Georgia and he is hereby empowered and directed to appoint a state auditor possessing the qualifications as provided herein who shall serve as such state auditor until the next regular session of the General Assembly at which time the nomination and election of a state auditor shall be held by the General Assembly as provided herein. If the General Assembly shall adjourn sine die at any regular session without electing a state auditor as provided herein the Governor is empowered and directed to appoint a state auditor who shall serve until the next convening of the General Assembly and until his successor is elected as provided herein.
Mr. Thomas of Chattooga moves to amend by adding a new section to read as follows:
The auditor shall not receive pay for any other service rendered the state.
On the motion to recede the ayes were 23, nays 12, and the motion prevailed.
The following resolutions of the Senate were read and adopted:
SR 19. By Senator Millican of the 52nd:
A resolution providing that House amendments to Senate bills or resolutions, and reports of conference committees, must receive a majority vote of the entire membership of the Senate to be adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of t~ resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 28. By Senator Raynor of the 4th:
A resolution to deed the title of certain lands to Charlton 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 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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165

The time having been changed due to the signing of SB 32 by His Excellency,

the Governor, since the Senate convened, Senator Atkinson of the 1st asked unani-

mous consent to change his former unanimous consent in order to provide for the

Senate to convene at 10 o'clock Monday morning, instead of 11 o'clock. The consent

was granted.



Mr. Boyett of the 11th dsitrict, chairman of the Committe on Enrollment submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bills and/or 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 Governor:
SB 8. Respectfully submitted,
R. L. Boyett of the 11th district,
Chairman.

The following bills were read the third time and put upon their passage:
SB 37. By Senators Hall of the 50th, and Raynor of the 4th:
A bill providing for courses in bookkeeping, shorthand and typewntmg in the tenth and eleventh grades, or the last two years of the high schools of the state; and for other purposes.

The committee offered the following substitute, which was adopted:
A RESOLUTION
WHEREAS, there is a great demand for stenographers, bookkeepers, and typists, it being impossible for the government agencies and business firms to secure the number needed, and
WHEREAS, some of the high schools of the state offer courses in shorthand, bookkeeping, and typewriting, but usually charge tuition for the same, and
WHEREAS, such shortage in stenographers, bookkeepers, and typists for the government agencies and business firms is due to the failure of our high schools to include courses in such subjects in their curriculum.
BE IT RESOLVED by the Senate, the House concurring that all high schools receiving state aid, wherever possible offer as a part of their curriculum and courses of instruction in the tenth and eleventh grades, or the last two grades, complete courses in shorthand, bookkeeping, and typewriting, without any tuition or cost.
BE IT FURTHER RESOLVED that all high schools receiving state aid,

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JOURNAL OF THE SENATE,

whenever possible should employ teachers who are qualified to teach complete courses

in shorthand, bookkeeping, typewriting, and purchase the necessary classroom equip-

ment for such courses of instruction.



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

On passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute resolution.
SB 35. By Senator Millican of the 52nd: A bill to provide that in all criminal trials except when defendant enters a plea of guilt, the jury shall pass only on the guilt or innocence of the accused; to provide that the trial judge shall fix sentence in cases of conviction or plea of guilt; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the bill be tabled.
The consent was granted.

SB 22. By Senator Bloodworth of the 22nd:
A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes and other evidence of indebtedness; and for other purposes.

The Committee on General Judiciary No. 1 offered the following amendment: Amend SB 22 by inserting the following after the word "indebtedness" in section 1, line 3, "upon maturity".
The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 24. By Senator Bloodworth of the 22nd: A bill to provide how guardians, administrators, executors, trustees, and

THURSDAY, JANUARY 28, 1943

167

other fiduciaries may sell stocks or bonds which are listed upon a stock exchange; and for other purposes.

The Committee on General Judiciary No. 1 offered the following amendment:
Amend SB 24 by inserting the following between the word "the" and the word "bid" in the fourth line of section 1, "Stock Exchange."

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority was passed as amended.
SB 40. By Senator Millican of the 52nd: A bill to amend chapter 79, section 501 of the code of 1933, entitled "Change of names; manner; petition" by adding at the end of said section 501 a provision requiring publication in the county official organ; and for other purposes.
The report of the committee, which '"-as 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.

SB 39. By Senator Moore of the 32nd: A bill to repeal section 67-803 of the code of 1933 so as to provide for the giving of a bond, the giving of a pauper's affidavit in lieu of bond in case of statutory foreclosure; and for other purpose.
The Committee on General Judiciary No. 1, offered the following amendment: Amend SB 39, by striking the word "in" in the 9th line of section 1, and inserting in lieu thereof the word "on" and by striking the word "amount" in the 13th line of section 1 and inserting in lieu thereof the word "value".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 78. By Senator Kimbrough of the 25th: A bill to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.

On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

Senator Atkinson of the 1st moved that the Senate resolve itself in executive session for the purpose of considering a sealed communication from His Excellency the Governor, after which the Senate stand adjourned until 10 o'clock Monday morning. The motion prevailed and the Senate went into executive session at 12:40 o'clock.
The following communication was dispatched to His Excellency, the Governor, through Henry W. Nevin, secretary of the Senate:

January 28, 1943. Hon. Ellis Arnall, Governor 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:
Hon. Glenn Dickerson, of the County of Lowndes, to be judge of the city court of Valdosta, for a term beginning January 28, 1943 and expiring December 11, 1945. The vote on this confirmation was 38 to 0.
Hon. Theo Coleman, of the County of Lowndes, to be solicitor of the city court

THURSDAY, JANUARY 28, 1943

169

of Valdosta, for a term beginning January 28, 1943, and expiring December 11, 1945. The vote on this confirmation was 38 to 0.
Respectfully yours, Henry W. Nevin, Secretary of Senate.
The Senate reconvened in regular session at 1 o'clock and the president announced the Se~ate adjourned until 10 o'clock Monday morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 1, 1943.
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 Dantzler of the 43rd reported that the journal of Thursday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with and the journal was co.nfirmed.

Senator Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
l. Introduction of bills and resolutions. 1a. First reading and reference of Senate and House bills. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolution.

A privileged resolution by Senator Raynor of the 4th granting the privileges of the floor to Col. Montgomery L. Preston, of Douglas, Georgia, was read and adopted.

The following communication was received from his Excellency the Governor, through Hon. M. E. Thompson, executive secretary.

Ellis Arnall Governor

State of Georgia Office of the Governor, Atlanta

Grace Cannington Secretary

February 1, 1943. MR. PRESIDENT AND MEMBERS OF THE STATE SENATE:
I direct your attention to the fact that under the law of this state the last day

MONDAY, FEBRUARY 1, 1943

171

fixed for buying motor vehicle tags for the year 1943, without penalty, was January 31st.
In the past, some extension has usually been granted. If an extension is granted, it seems proper that it should he done by appropriate resolution of the General Assembly.

Accordingly, this matter is brought to your attention for such action, if any, as you may desire to take.
Respectfully submitted, Ellis Arnall, Governor.

The following bills and resolution were introduced, read the first time and referred to committees:
SB 87. By Senators Forester of the 44th, and Pope of the 7th:
A bill to amend an act to license and regulate the business of making small loans of $300.00 or less; and for other purposes. Referred to Committee on Special Judiciary.

SB 88. By Senator Simmons of the 8th:
A bill to amend the constitution by repealing paragraph 16 of section 7 of article 3 and prescribing that no local bills 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 Amendments to the Constitution.

SR 33. By Senator Griner of the 45th:
A resolution to authorize the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips for motor vehicle license tag instead of the two metal number plates as required by law; and for other purposes.
Referred to Committee on Motor Vehicles.

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

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HB 45. By Mr. Sharpe of Toombs:
A bill prohibiting hunting or killing of deer in Toombs county; and for other purposes.

HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, Gowen of Glynn and others:
A bill to abolish the department of revenue and the office of state revenue commissioner, and to create the department of finance and taxation; to abolish the state board of tax appeals; and for other purposes.

HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb and others:
A bill to amend an act to provide for the establishment of a department of labor by abolishing the present industrial board and creating in lieu thereof, a state board of workmens compensation; and for other purposes.

HR 65. By Mr. Park of Greene:
A resolution requesting extension of time for the payment of automobile license taxes to March 1, 1943, without any additional charges.
The following bills of the House were read the first time and referred to committees:
HB 18. By Messrs. Copeland, Smith, and Elliott of Muscogee:
A bill to change and fix the salaries of the judge and solicitor of the city court of Columbus; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 21. By Mr. Thigpen of Glascock:
A bill to amend section 81-1102 of the official code of 1933; by adding thereto the following language; "Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon"; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 38. By Mr. Sharpe of Toombs:
A bill providing for four (4) terms superior court, Toombs county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 45. By Mr. Sharpe of Toombs:

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173

A bill to prohibit hunting or killing of deer in Toombs county; and for other purposes.
Referred to Committee on Game and Fish.
HB 51. By Mr. Wilbanks of Habersham: A bill to abolish the Habersham county city court; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 52. By Mr. Thigpen of Glascock.
A bill to amend an act to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of official duties by them; and for other purposes. Referred to Committee on General Judiciary No. 2.

HB 59. By Mr. Strickland of Haralson:
A bill to amend section 32-2401 of the code of 1933, relating to the powers and duties of the state board of education so as to authorize said board to promote the establishment of schools for adult illiterates; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 60. By Mr. Key of Jasper: A bill to amend an act amending the income tax laws by exempting dividends from banks and trust companies; and for other purposes. Referred to Committee on Banks and Banking.
HB 61. By Mr. Smith of Dougherty and Mr. Durden of Dougherty: A bill to require all candidates for the General Assembly in Dougherty county to designate their incumbent opponents; and for other purposes. Referred to Committee on Counties and County Matters.

HB 67. By Messrs. Deal and Brunson of Bullock, Turner, Hubert and Broome of DeKalb: A bill to fix the salary of the deputy insurance commissioner of the state; and for other purposes. Referred to Committee on Insurance.
HB 84. By Messrs. Mabry and Jennings of Sumter:

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A bill to repeal an act to require candidates for the General Assembly in Sumter county to specify their particular incumbent opponent; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 92. By Mr. Mcintosh of Mcintosh; and others: A bill to amend an act to establish the city court of Darien, to provide for the election of a judge and solicitor by the voters; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, ~leN all of Chatham and others: A bill to abolish the department of revenue and the office of state revenue commissioners, and to create the department of finance and taxation; and for other purposes.
Referred to Committee on State of Republic.

HB 126. By Mr. Dukes of Bryan: A bill to amend an act creating the city court of Pembroke to provide for terms of the court and fees of the solicitor; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 130. By. Mr. Gowen and Mr. Gilbert of Glynn: A bill to amend an act establishing the city court of Brunswick so as to increase the salary of the solicitor; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 146. By Mr. Norman of Henry: A bill to abolish the city court of Henry county; and for other purposes. Referred to Committee on Counties and County Matters.

HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb, Nicholson of Richmond and others:
A bill to amend an act to provide for the establishment of a department of labor by abolishing the present industrial board and creating in lieu thereof a state board of workmen's compensation; and for other purposes.
Referred to Committee on Industrial Relations.

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175

Mr. Hollis of the 24th district, chairman of the Committe on Engrossing submitted the following report:

Mr. President:
Your Committee on Engrossing have read and examined the following bills and/or 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:

SB 22.

SB 24.

SB 37.

SB 39.

SB 40.

SB 61.

SB 63.

SB 68.

SB 78.

SR 28.

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

Mr. Harrison of the 17th district, chairman of the Committee on Public Welfare submitted the following report:

Mr. President: Your Committee on Public Welfare have had under consideration the follow-
ing bills of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendat:~"'s:
SB 26. Do pass as amended.
SB 27. Do pass.
SB 28. Do pass.

SB 71. Do pass.

SB 72. Do pass.

Respectfully submitted, Harrison of 17th district, Chairman.

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Mr. Lester of the 18th 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:

HB 17. Do pass.

HB 40. Do pass.

HB 66. Do pass.

Respectfully submitted, Lester of the 18th district,

Chairman.

Mr. Foster of the 40th district, chairman of the Committee on Agriculture submitted the following report:
Mr. President:
Your Committee on Agriculture 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:
SR 29. Do pass.
Respectfully submitted,
Foster of the 40th district,
Chairman.
The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House has elected the Honorable B. E. Thrasher, Jr., auditor of the State of Georgia, for the ensuing term of two years; subject to the confirmation of the Senate.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 26. By Senator Harrison of the 17th:

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177

A bill to amend the act entitled "Housing authorities law," approved March 30, 1937, Georgia Laws 1937, pages 210-230; and for other purposes.
SB 27. By Senator Harrison of the 17th:
A bill to aid the prosecution of the war by authorizing housing authorities to develop housing for persons engaged in war industries; and for other purposes.
SB 28. By Senator Harrison of the 17th:
A bill to create a state director of housing; and for other purposes.
SB 71. By Senator Millican of the 52nd:
A bill to amend act 373 of the acts of 1941 entitled, "An act to provide for a more efficient administration of the public welfare laws of this state"; and for other purposes.

SB 72. By Senator Millican of the 52nd: A bill to amend act 62 of the acts of 1937 approved February 26, 1936, and known as the "Welfare reorganization act of 1937"; and for oth~r purposes.
HB 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, Harris of Richmond and others: A bill to amend an act fixing the salary of the state treasurer; and for other purposes.
HB 40. By Messrs. McCracken of Jefferson, Durden of Dougherty, Smith of Dougherty and others: A bill to fix the salary of the secretary of state; and for other purposes.
HB 66. By Messrs. D. L. Deal of Bulloch; Hoke S. Brunson of Bulloch and others: A bill to fix the salary of the comptroller general; and for other purposes.
SR 29. By Mr. Simmons of the 8th: A resolution stating Senate agrees on House resolution memorializing Congress to speedily take action necessary guaranteeing peanut farmers a fair price for their product; and for other purposes.
The following bills were read the third time and put upon their passage:

SB 25. By Senator Bloodworth of the 22nd: A bill to amend an act so as to further provide the method of obtaining

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leave to sell property set apart as a year's support and in which 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 passage of the bill, the ayes were 34, nays 0.

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

SB 55. By Senator Arnold of the 26th:
A bill to amend section 24-3104 of the code of 1933, relating to compensation of court reporters in criminal 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 38, nays 0.

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

SB 38. By Senator Lester of the 8th:
A bill to repeal sections 40-206 of the code of 1933 providing for the suspension of the state treasurer of comptroller general; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0.

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

SB 58. By Senator Bloodworth of the 22nd:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.

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

On the passage of the bill, the ayes were 27, nays 0.

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

SB 74. By Senator Boyett of the 11th:

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179

A bill to amend the act incorporating Andrew Female College; to provide for changes in the number of trustees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 43. By Senator Millican of the 52nd: A bill to authorize superior courts of the state to hear and determine time and place of birth of persons; and for other purposes.
The Committee on General Judiciary No. 1 offered a substitute to the bill.
Senator Millican of the 52nd offered the following amendment to the substitute: Amend substitute by striking out in section 3, line 6, the word "six" and submitting the word "four".
The amendment was adopted.
Senator Millican of the 52nd offered the following amendment to the substitute: Amend line 2, section 3, of the substitute after the word "Court" insert the following: "or if no clerk, then the person handling the record of said court".
The amendment was adopted.
Senator Pittman of the 42nd offered the following amendment to the substitute:
Amend section 6 of said bill as amended by striking "of the clerk" from line 3, thereof and adding just after the word "clerk" in the 4th line thereof the words "or the person in charge of said records".
The amendment was adopted.
The substitute, as amended, was as follows: An Act entitled an Act authorizing the superior courts and courts of ordinary of the
State to hear and determine the time and place of birth of persons on petition for establishment of birth certificates, giving newspaper notices, providing for witnesses as to residence and certified copy of the judgment of court and filing with the permanent records of the state department of health.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE_SAME:
Section 1. That any person desirous of establishing the time and place of his or her birth, may present a petition to the superior court, or to the court of ordinary of the county of petitioner's residence, which petition shall contain all of the items necessary for a birth certificate set forth in chapter 88, section 1203 of the code of Georgia, with the exception that items Nos. 22 and 23 of said section may be omitted where petitioner was born prior to the year 1927, or where the registration of petitioner's birth is not on file with any local registrar, nor the state department of health. If petitioner is unable to comply with any of said items, an explanation thereof must be made which is satisfactory to the court.
Section 2. Be it further enacted by the authority aforesaid that the petitioner must have been a bona fide resident of the State of Georgia for at least one year prior to the filing of said petition.
Section 3. Be it further enacted by the authority aforesaid that upon the filing of said petition the clerk of the court, or if no clerk, then the person handling the record of said court, where the petition is filed shall cause a notice thereof to be published in the newspaper in which the sheriff's advertisements of said county are published. If said paper shall be published daily, the notice shall be published once a day for four days, but if said paper shall be published weekly, one publication of said notice shall be sufficient. If there shall be no paper published in said county, then the notice shall be published in a newspaper published in an adjoining county, and the number of publications of said notice shall apply to said paper as if it were published in the county where the petition is filed. Said notice shall contain the name of the petitioner, the purpose for which the petition was filed and shall give notice that any person objecting to the application must file their objections on a certain date to be named by the clerk, which date shall not be less than ten days nor more than twenty days from the date of the filing of the petition in court.
Section 4. Be it further enacted by the authority aforesaid that proof of the publication, as required by this act, shall be made by filing a copy or copies of such public notice, verified by the affidavit of the publisher or someone in his behalf, with the clerk of the court where the petition is on file. If petitioner or any contestant of petitioner's application shall demand a trial by jury of any issue of fact arising in the proceeding, the court shall cause the same to be referred to a jury. If no jury trial is requested, the court may hear and determine all issues in the proceeding without a jury. The court where the petition is filed, whether the superior court or the court of ordinary, shall have jurisdiction to try and render final judgment in said case at any time after the expiration of twenty days from the filing of the petition in court, regardless of the term of court and regardless of whether or not the court is in session, the court having jurisdiction to dispose of the proceeding at chambers where no jury trial has been requested. It shall be the duty of the judge to expedite the hearing of the case and not to continue it unless for good reasons shown, or upon the consent of all parties at interest. Upon the termination of the hearing, whether

MONDAY, FEBRUARY 1, 1943_

181

before the jury or by the court alone, the court shall make and enter a judgment of the status of petitioner as to the time and place of his birth and as to the other items contained in the petition as named in section 1 of this act.

Section 5. Be it further enacted by the authority aforesaid that before the court shall determine any issue in said proceeding, it shall be necessary for the petitioner to show by at least two home owners of the county, and to the satisfaction of the court, that the applicant is and has been a bona fide resident of the county for at least one year prior to the filing of the application in said cause. No judgment shall be entered by default but the same must be supported by proof to the satisfaction of the court.

Section 6. Be it further enacted by the anthority aforesaid that a copy of the judgment of the court hearing said proceeding, certified under the seal of such court, shall be transmitted by the clerk or the person in charge of said records, to the state board of health and the same shall be filed as a permanent record with the bureau of vital statistics, and shall have the same force and effect as a certificate of birth from a local registrar, under the provisions of law now existing.

Section 7. Be it further enacted by the authority aforesaid that the clerk of the

court shall keep an indexed record to be known as a birth certificate record, and shall

enter thereon the proper index of such judgment.



Section 8. Be it further enacted by the authority aforesaid that the cost of such proceeding shall be charged to and paid by the petitioner before the clerk shall be authorized to forward his or her certificate to the state board of health, or furnish copy or copies of the judgment to petitioner, which cost shall include the necessary expenses for filing with the state department of health.
Section 9. Be it further enacted by the authority aforesaid that the provts10ns of this act shall be cumulative of the existing provisions of law with reference to the vital statistics department and local registrars of the department and local registrars of the state, and shall not replace any board or bureau, so far as the making and filing of birth certificates as now provided by law.
Section 10. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act are hereby repealed.
The substitute, as amended, was adopted.
The report of the committee, which was favorable to passage of the bill by substitute, 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 by substitute as amended.

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Senator Terrell of the 19th asked unanimous consent that SB 43 be immediately transmitted to the House and the consent was granted.
The following resolution was read and adopted:
HR 65. By Mr. Park of Greene: A resolution requesting extension of time for the payment for automobile license taxes to March 1, 1943, without any additional charges.
Senator Griner of the 45th asked unanimous consent that the following resolution of the Senate be tabled, and the consent was granted:
SR 34. By Senator Atkinson of the 1st: Resolved by the Senate, the House concurring, that the last date fixed for the filing of applications for Georgia motor vehicle license tag, be extended from February 1 to February 15, 1943.
The following bills of the Senate were read the third time and put upon their passage:
SB 51. By Senator Bloodworth of the 22nd: A bill to amend section 92-5712 of the code of 1933, providing for proportionate tax payments and release from tax liens by owners or holders of any equity, lien; and for other purposes.
Senator Bloodworth of the 22nd offered the following amendment: Amend SB 51 by adding a new section to read as follows: "Be it further enacted that all laws and parts of laws in conflict herewith be and the same, are hereby repealed," and to number said new section accordingly.
The amendment was adopted.
Senator Terrell of the 19th asked unanimous consent that further consideration of SB 51 be postponed until Tuesday of next week, and the consent was granted.
SB 50. By Senators Ennis of the 20th, Terrell of the 19th, and Pittman of the 42nd: A bill to amend and revise the laws relating to costs collected in cases in the supreme court and the 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.

MONDAY, FEBRUARY 1, 1943

183

Senator Terrell of the 19th asked unanimous consent to have SB 50 immediately transmitted to the House, and the consent was granted.

SB 52. By Senator Arnold of the 26th:
A bill to amend the banking law and section 13-2048 of the code of 1933, concerning the deposit of a deceased depositor; and for other purposes.

The report 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.

SB 53. By Senator Arnold of the 26th.
A bill to amend the banking laws and section 13-2013 of the code of 1933, which provides a limit for loans by state banks to any one person, firm or 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 36, nays 0.

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

SB 65. By Senators Terrell of the 19th and Williams of the 5th:
A bill to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes.

The report of 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.

SB 66. By Senator Arnold of the 26th:
A bill to amend the banking laws and title 13, of the code of 1933, to provide the par value of shares of stock of banking corporations; and for other purposes.

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JOURNAL OF THE SENATE,

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

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

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

The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The HQUse has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 66. By Messrs. Thurmond of Hall and Ferguson of Camden:
A resolution by the House of Representatives, the Senate concurring, that the General Assembly meet in joint session in the hall of the House of Representatives on Tuesday, the second day of February, 1943, at twelve o'clock noon for the purpose of hearing an address by Brigadier General Eric Fisher Wood, United States army, commanding officer, headquarters internal security, fourth district.

Mr. Hollis of the 24th 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/or 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:
SB 50. Respectfully submitted,
M. R. Hollis of the 24th district,
Chairman.

The following resolution was read and adopted:
SR 35. By Senators Griner of the 45th, and Pope of the 7th:
A resolution proposing an invitation to Miss Lily Pons, world famous opera singer, to visit the Senate, and providing for an escort committee.

The president appointed a committee of escort: Senators Griner of the 45th, Pope of the 7th and Lester of the 18th.

MONDAY, FEBRUARY 1, 1943

185

The following bill and resolution of the Senate were read the third time and put upon their passage:
SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th, Kennedy of the 2nd and Harrison of the 17th:
A bill to regulate the sanitary conditions of shellfish in Georgia and to provide for inspection of oyster beds; to prohibit the taking of oysters from contaminated waters; to put such regulations under the control of the state board of health; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 13. By Senators Gross of the 31st, Ennis of the 20th and others:

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 payment of benefits and other costs under a teacher's retirement system of Georgia in accordance with enactment of the General Assembly to be administered by a board of trustees; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That paragraph 1, section l, article 7, of the constitution of Georgia, be and the same is hereby amended by adding at the end of said pragraph the following language: "To authorize the levy of taxes for, and to make provisions for the payment of benefits and other costs under a teacher's retirement system of Georgia, provided that no person shall be entitled to the benefits herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder; provided no indebtedness against the state shall ever be created for the purpose herein stated. in excess of the taxes lawfully levied each fiscal year under the acts of the General Assembly authorized hereunder."
Section 2. That when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journals of each House, with the "yeas" and "nays" thereon, and shall he published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, and at said next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or

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JOURNAL OF THE SENATE,

printed on their ballots the words "For ratification of amendment to paragraph 1, section 1, article 7, of the Constitution, providing benefits under a teacher's retirement system of Georgia." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to paragraph 1, section 1, article 7, of the Constitution, providing for benefits under a teacher's retirement system of Georgia."

And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.

Section 3. That any and all provisions of law and parts of laws in conflict with this amendment be and the same are hereby repealed.

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

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean

Ennis Estes Foster Fowler Griner Hall Ingram Kaigler Kennedy Kennon Kimbrough Lester Martin Millican

Moore Newton Oden Peterson Pittman Pope Preston Raynor Simmons Terrell Thigpen Whitwo,rth of 30th Whitworth of 38th Williams

Voting in the negative was:

Stark

MONDAY, FEBRUARY 1, 1943

187

Those not voting were Senators Eubank, Forester, Hampton, Harrison, Hollis, Jones, Lovett, and Shannon.

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 Atkinson of the lst moved that the Senate go into Executive Session to consider a sealed communication from His Excellency, the Governor, and the motion prevailed.

The Senate went into executive session at 12:40 o'clock.

The following communications were dispatched to His Excellency, the Governor, through Henry W. Nevin, secretary of the Senate:

February 1, 1943.

Honorable Ellis Arnall, Governor

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:

The nomination of Honorable B. E. Thrasher, Jr., as Auditor of the State of Georgia for the ensuing term of two years, sent to the Senate by the House of Representatives, has been confirmed. The vote on this confirmation was 44 to 0.

Respectfully yours,

Henry W. Nevin,

Secretary of Senate.

The State Senate, Atlanta

Henry W. Nevin, Secretary Honorable Ellis Arnall, Governor

February 1, 1943.

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:

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JOURNAL OF THE SENATE,

Nominations sent to the Senate by you this date were confirmed as follows: Hon. Montgomery L. Preston of the County of Coffee, to be Solicitor of the City Court of Douglas, for a term beginning February 1, 1943, and expiring December 31, 1944. The vote on this confirmation was 44 to 0.
Respectfully yours,
Henry W. Nevin,
Secretary of Senate.
The Sena~e reconvened in regular session at 12:55 o'clock and resumed the transaction of business.
The following resolutions were read and adopted:

SR 36. By Senator Atkinson of the 1st:
A resolution confirming the appointment of B. E. Thrasher, Jr., as auditor of the state for the ensuing term of two years.
HR 66. By Messrs. Thurmond of Hall and Ferguson of Camden:
A resolution that the General Assembly meet in joint session Tuesday February 2, for the purpose of hearing an address by Brigadier General Eric Fisher Wood.

Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, FEBRUARY 3, 1943

189

Senate Chamber, Atlanta, Georgia.
Tuesday, February 3, 1943.
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 Dantzler of the 43rd 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 Atkinson of the lst asked unanimous consent that the following be established as the order of business for today:
l. Introduction of bills and resolutions. la. First reading and reference of Senate and House bills. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions. The consent was granted.

The following resolution was read and adopted:
SR 38. By Senator Pope of the 7th:
A resolution by the Senate, the House concurring, that a joint committee of escort be appointed, four on the part of the Senate and four on the part of the House, to be appointed by the president of the Senate and speaker of the House, to escort General Wood to the joint session of the General Assembly at 12:00 o'clock on Tuesday, February 2, 1943.

The president appointed on the part of the Senate: Senators Pope of the 7th, Raynor of the 4th, Griner of the 45th, and Lester of the 18th.

The following bills and resolutions were introduced, read the first time and referred to committees:
SB 89. By Senator Brock of the 37th:

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A bill to amend the charter of the City of Carrollton to provide that the mayor and council may issue executions or fifas for any licenses, fees, fines or forfeitures, paving assessments, taxes, or other indebtedness due to the city; and for other purposes.
Referred to Committee on Municipal Governments.

SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th,
Harrison of the 17th, and Bacon of the 28th:
A bill to create the offices of judges emeritus; to provide any judge of the court of appeals or the supreme court, with continuous unbroken judicial service for ten years, who shall have attained the age of seventy years, shall be eligible; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 91. By Senator Shannon of the 21st:
A bill to amend section 38-1604 of the code of 1933 by providing that husband and wife shall be competent and compellable to give evidence for or against each other, in criminal cases; and for other purposes.
Referred to Committee on Special Judiciary.
SB 92. By Senator Raynor of the 4th:
A bill to amend chapter 92-11 of the code of 1933, by repealing section 92-1104 providing a $10.00 tax on each wagon or truck selling oil or gasoline; and for other purposes.
Referred to Committee on Motor Vehicles.
SB 93. By Senator Millican of the 52nd:
A bill to provide any person who was prevented from completing his college training in dentistry because of induction in the army during World War 1, but who is qualified by practical experience, and presents a statement sworn to by ten licensed and practicing dentists to the effect he is qualified, such person shall be licensed to practice dentistry without an examination; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
SR 37. By Senators Pittman of the 42nd, and Lester of the 18th: A resolution proposing an amendment to article 3, section 4, paragraph 7, of the constitution fixing eligibility of members of the General Assembly to

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191

be elected or appointed to any state office; and for other purposes.
Referred to Committee on Amendments to the Constitution.
Mr. Griner of the 45th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President:
Your Committee on Motor Vehicles have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 33. Do Pass
Respectfully submitted,
Griner of 45th district,
Chairman.
Mr. Stark of the 33r~ District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President: Your Committee on Ge,neral 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:
HB 35. Do Pass
HB 41. Do Pass Respectfully submitted,
W. W. Stark, of 33rd district,
Chairman.
Mr. Dean of the 34th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President: Your Committee on Industrial Relations have had under consideration the
following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 160. Do Pass Respectfully submitted, Dean of 34th district, Chairman.

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Mr. Clements of the 9th District, Chairman of the Committee on Training School, submitted the following report:
Mr. President:
Your Committee on Training Schools 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:
SB 86. Do Pass
Respectfully submitted,
J. M. Clements of 9th district,
Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to Constitution have had under consideration
the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 34. Do Pass SR 21. Do Pass
Respectfully submitted,
Pope, of 7th district,
Chairman.

The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 34. By Senator Kennon of the 6th:
A bill proposing an amendment to article III, section II, paragraph I, of the constitution by increasing the number of senators to fifty-three, and by adding a fifty-third senatorial district, which shall be composed of the counties of Lowndes and Echols; and for other purposes.

SB 86. By Senator Ennis of the 20th:
A bill to amend an act to provide that the trial judge have jurisdiction to commit convicts between sixteen and eighteen years of age to the state training school for boys; and for other purposes.
SR 21. By Senator Millican of the 52nd:

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193

A resolution proposing an amendment to article 6, section 3, paragraph 1, of the constitution by adding to said paragraph the following amendment: "Provided that in the Atlanta judicial circuit, the terms of the judges of the superior court whose terms commence after the adoption of this amendment shall be six years;" and for other purposes.
SR 33. By Senator Griner of the 45th:
A resolution to authorize the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips for motor vehicle license tags in lieu of the two metal number plates as required by law; and for other purposes.
HB 35. By Mr. Barfield of Bibb:
A bill to amend an act known as the land registration act approved on the 21st day of August, 1917; and for other purposes.
HB 41. By Mr. Elliott of Muscogee:
A bill to amend section 96-205 of the code of 1933, to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such voluntary deed or conveyance shall have priority, as provided in said last mentioned section, over subsequent deeds or conveyances; and for other purposes.
HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb, Nicholson of Richmond and others:
A bill to amend an act to provide for the establishment of a department of labor, by abolishing the present industrial board and creating in lieu thereof a state board of workmen's compensation; and for other purposes.
The following resolution was read and adopted:
SR 38-A. By Senators Dantzler of the 43rd and Pittman of the 42nd:
A resolution authorizing the president of the Senate to purchase a bible for the use of its chaplain.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 5. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st and others:

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A bill to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment; and for other purposes.

SB 6. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to revise the laws relating to penal administration, pardons paroles, etc.; to change the name of the prison and parole commission ; to continue the prison and parole commission in office; and for other purposes.

SB 17. By Senators Millican of the 52nd, Gross of the 31st, Atkinson of the 1st, and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; and for other purposes.
SB 46. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, and others:
A bill to amend an act to create a department of public safety for Georgia, by repealing section 1 of article 1 of said act relating to the department of public safety and its composition; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to amend the act to create a board of commiSSIOners of roads and revenue for Glynn county, by providing as a safeguard for all funds deposited in or alloted by to what is known as the reserve fund of the county; and for other purposes.

HB 134. By Mr. Looper of Dawson:
A bill to abolish the office of tax receiver and tax collector of Dawson county, and to create the office of tax commissioner; and for other purposes.

HB 192. By Mr. Looper of Dawson:
A bill to create a commissioner of roads and revenues for Dawson county; to provide for the election of the same; to define his powers and duties; to fix his compensation; and for other purposes.

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195

HB 193. By Mr. Moore of Taliaferro:
A bill to amend an act amending an act to create a board of commissioners of roads, public buildings and public property and finances for the counties of Warren and Taliaferro, so as to authorize said board to employ a clerk by providing that the ordinary may be said clerk; and for other purposes.

HB 199. By Mr. Nicholson of Oconee:
A bill to consolidate the offices and duties of tax collector and tax receiver of the County of Oconee and create the office of tax commissioner; and for other purposes.
SB 9. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to establish a finance commiSSIOn, the powers, duties, and member thereof, to provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget; and for other purposes.

SR 16. By Senators Eubank of the 29th and Raynor of the 4th:
A resolution to inculcate the proper sense of discipline among the youth of school age; to provide for voluntary military drill for boys be instituted; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 46. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, and others:
A bill to amend an act to create a department of public safety repealing section 1 of article 1 of said act relating to the department of public safety and its composition; and for other purposes.
Senator Ennis of the 20th moved that the Senate concur in the following House amendment:
By Messrs. Price of Clark, Heard of Elbert, Gillis of Treutlen, Hagan of Screven:
Amend SB 46 by striking out the words "not less than thirty nor more than fifty years" wherever they may appear, and inserting in lieu thereof the words "not less than twenty-five nor more than fifty-five", where used in connection with the qualifications of the Director and assistant Director.
On the motion to concur, the ayes were 28, nays 5, and the amendment was concurred in.

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Senator Ennis of the 20th moved that the Senate concur in the following House amendment:
By Mr. Elliott of Muscogee.

Amend SB 46 by adding a new section immediately before the repealing clause to be appropriately numbered and to read as follows: "Such employees of the Department of Public Safety as heretofore constituted who have been granted leaves of absence by the Department for the purpose of permitting such employee to enter the military service of the United States shall have their names retained by the Department hereby created as employees on leave in the same capacities as they are now retained until such time as the military service of the respective employees in the armed forces of the United States shall have been terminated, at which time the Department hereby created shall determine whether such employee shall be again actively employed by said Department".

On the motion to concur, the ayes were 44, nays 0, and the amendment was concurred in.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 5. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, and

others:



A bill to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles; and for other purposes.

Senator Lester of the 18th moved that the Senate concur in the following House amendment:
Amend SB 5 by striking the last sentence in section 10, and inserting in lieu
thereof the following language, to wit: No member of the present prison and parole board shall be eligible to be appointed a member of said board of pardons and paroles, or to any subordinate position under such board, until two years after the term of office of such member of the present prison and parole board shall have expired.

On the motion to concur, the ayes were 39, nays 3, and the amendment was concurred in.

Senator Lester of the 18th moved that the Senate concur in the following House amendment:
Amend section 11 by adding thereto at the end of said section 11 the following:
",Provided, however that the board by an affirmative vote of two of its members shall have the power to commute a sentence of death to one of life imprisonment.

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197

On the motion to concur, Senator Atkinson of the 1st 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:

Arnall Atkinson Bacon Bloodworth of 23rd Cooper Dantzler Dean Ennis Forrester

Foster Griner Hampton Ingram Kaigler Kennedy Lester Moore Newton

Peterson Pittman Pope Preston Shannon Terrell Thigpen

Those voting in the negative were:

Ansley Arnold Bloodworth of 22nd Boyett Brock Byrd Clements Estes

Fowler Hall Harrison Jones Kennon Kimbrough Lovett Martin

Millican Raynor Simmons Stark Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Eubank, Hollis, and Oden.

By unanimous consent the verification of the roll call was dispensed with.
On the motion to concur, the ayes were 25, nays 23.
The motion having failed to receive the requisite majority, the amendment was therefore disagreed to.
Senator Lester of the 18th asked unanimous consent that a committee of conference be appointed, to confer with a like committee of the House on SB 5. The censent was granted.
The president appointed on the part of the Senate: Senators Lester of the 18th, Pittman of the 42nd, and Simmons of the 8th.
The following message was received from the House through Mr. McCutchen, the clerk thereof:

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Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 38. By Senator Pope of the 7th:
A resolution providing that a joint committee of escort be appointed by the president of the Senate and speaker of the House respectviely, to escort General Wood to the joint session today.

The speaker has appointed on the part of the House the following: Messrs: Thurmond of Hall,
Ferguson of Camden, Porter of Gordon, Hooks of Emanuel.

The following bill of the Senate was taken up for the purpose of considering a House amendment:
SB 6. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st and others:
A bill to revise the laws relating to penal administration, pardons, paroles, etc., to change the name of the prison and parole commission; to continue the present prison and parole commission with all its powers and duties relating to pardons, paroles; and for other purposes.

Senator Atkinson of the 1st moved that the Senate concur in the following Houst' amendment:
By Mrs. Mankin of Fulton:
Amend SB 6, by striking section 4 therefrom, with subsequent renumbering of the following sections.
On the motion to concur, the ayes were 32, nays 2, and the amendment was concurred in.
Mr. Boyett of the 11th district, chairman of the Committee on Enrollment sub mitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bills and/or 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 Governor:

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199

SB 46.

SB 6. SB 9.

Respectfully submitted, R. L. Boyett of the 11th district,
Chairman.

Mr. Hollis of the 24th district, chairman of the Committee on Engrossing submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bills andjor 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:
SB 25.

SB 38.

SB 43. SB 52. SB 53.

SB 55. SB 58. SB 65.

SB 66. SB 74. SB 75.

SR 13.

SR 38.

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

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The president granted the privileges of the floor to Col. Sidney Moore of Macon county.

The following bill of the Senate was read the third time and put upon its passage:
SB 12. By Senators Arnall of the 36th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to reorganize the state department of law by repealing code sections 14-1607 and 14-1609 relating to the department of law, attorney general, assistant attorneys general, employment of council, etc.; to create a department of law; to provide for an attorney general and assistants; and for other purposes.

The Committee on State of Republic offered a substitute bill.
Senators Lester of the 18th and Arnall of the 36th offered the following amendment to the committee substitute:
Amend the committee substitute for SB 12, by striking from the caption of such committee substitute the figures 14-1607, 14-1608, 14-1609 and substituting in lieu thereof the figures 40-1607, 40-1608, 40-1609, respectively.

The amendment was adopted.

Senators Lester of the 18th and Arnall of the 36th offered the following amendment to the committee substitute:
Amend the committee substitute for SB 12 by adding the words "and exclusive" following the word "complete" in the first sentence of section 4 of said bill, so that said sentence shall read as follows:
"The Department of Law is hereby vested with complete and exclusive authority and jurisdiction in all matters of law relating to every department of the state other than the judicial and legislative branches thereof."

The amendment was adopted.
Senator Pope of the 7th offered the following amendment to the committee subatitute:
Amend the committee substitute for SB 12 by adding at the end of section 7 the following:
"And the attorney general of Georgia shall be notified of such contemplated action, by the solicitor general of the county wherein the grand jury shall convene."

The amendment was adopted.

TUESDAY, FEBRUARY 3, 1943

201

The substitute, as amended, was as follows:
A BILL-To be entitled an act to reorganize the state department of law by repealing code sections 40-1607, 40-1608, 40-1609 relating to the department of law, attorney general, assistant attorneys general, employment of counsel, etc.; to create a department of law; to provide for an attorney general and assistants; to fix salaries; to vest complete authority and jurisdiction in certain matters in the department of law; to prevent the employment of additional counsel; to provide for removals; to authorize and empower the attorney general to investigate state departments, agencies, etc.; to compel evidence and assistance; to authorize the subpoena of witnesses, etc.; to provide penalties; to authorize criminal and civil prosecution in certain cases; to require the services of prosecuting attorneys; to provide method of indictment; to authorize recovery actions in certain cases; to provide for a special attorney general upon failure of attorney general to act; to empower the Governor and General Assembly to make investigations, etc.; to repeal conflictlaws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 40-1607 of the Georgia code of 1933 relating to the department of law, attorney general and assistants; section 40-1608 of the Georgia code of 1933 relating to assistant attorneys general, appointment, removal, etc.; and section 40-1609 of the Georgia code of 1933 relating to authority of department, employment of counsel, etc., be and the same are hereby repealed in their entirety.
Section 2. There is hereby created a department of law, with the attorney general at the head thereof, with such number of assistant attorneys general of equal rank among said assistants as the Governor, with the approval of the attorney general, shall deem to be needed. The said assistant attorneys general shall give their full time to the duties of the office, and shall not otherwise engage in the practice of law during their tenure of office. One of said assistant attorneys general shall serve the highway department as its special attorney; another shall serve the revenue department as its special attorney, and another shall serve the public servic commission as its special attorney; the salaries of the three said assistants shall be paid out of the funds appropriated to the department of law. The attorney general shall be paid $6,000.00 per annum payable monthly.
Section 3. All of said assistant attorneys general shall be appointed by the Governor with the approval of the attorney general, and subject to confirmation by the Senate, except one assistant who shall be appointed by the attorney general. Each assistant attorney general shall receive a salary of $5,000.00 per annum payable monthly. Any assistant attorney general may be removed at any time by the Governor with the approval of the attorney general.
Section 4. The department of law is hereby vested with complete and exclusive authority and jurisdiction in all matters of law relating to every department of the state other than the judicial and legislative branches thereof. The several depart-

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ments, commissions, institutions, offices and boards of the state government are hereby prohibited from employing counsel in any matter whatsoever. However, the Governor, with the concurrence of the attorney general, in specific instances and on special causes may appoint therein and thereto for such temporary and specific services deputy assistant attorneys general, to be compensated therefor as the Governor may direct.
Section 5. The attorney general as the head of the department of law and as chief legal officer of the state is hereby authorized and empowered at any time, other than when the General Assembly is in session, to institute and conduct investigatioi1s into the affairs of any department, agency, board, bureau, commission, institution or authority of the state; to require the services and assistance of any state official in the conduct of such inquiry and investigation; to compel evidence and subpoena witnesses; to inspect records, documents, correspondence and books of any department, agency, board, bureau, commission, institution or authority of the state; to require the production of records, documents, correspondence and books of any person, firm or corporation which relate, directly or indirectly, to dealings with the state, any of its departments or adjuncts. Any person, firm or corporation, state official or employee, denying to the attorney general access to such records, etc., or failing and refusing to adduce evidence or to respond to subpoena shall be guilty of a misdemeanor and upon conviction thereof punished as provided by law.
Section 6. The attorney general as the head of the department of law and as chief legal officer of the state is hereby authorized and empowered to prosecute in the criminal courts of this state any official, person, firm or corporation for violation of any criminal statute in dealing with or for the state, or any official or employee thereof, or any department, agency, board, bureau, commission, institution or appointee thereof; and the attorney general is authorized and empowered to call upon the prosecuting officer of any state court to assist in or to conduct such prosecution, and when so requested by the attorney general, it shall be the duty of any such solicitor general, solicitor, or prosecuting officer of this state to assist in or conduct such prosecution for and in behalf of the attorney general and the state.
Section 7. Before an indictment against any state official charging him with misfeasance or malfeasance in office shall be laid before a grand jury, the rights provided in section 89-9908 of the Georgia code of 1933 relating to county officials shall be afforded the said state official, and the attorney general of Georgia shall be notified of such contemplated action, by the solicitor general of the county wherein the grand jury shall convene.
Section 8. The attorney general as head of the department of law and as the chief legal officer of the state is hereby authorized and empowered to file and prosecute civil recovery actions in the name of the state against any person, firm or corporation for violation of any statute in dealing with the state, any official or employee, thereof, or any department, agency, board, bureau, commission, institution or authority of the State of Georgia which results in loss, damage or injury to the state, any of its departments, adjuncts or taxpayers.

TUESDAY, FEBRUARY 3, 1943

203

Section 9. The Governor may at any time direct the attorney general to conduct an investigation into the affairs of any department of the state or into the official conduct of any state official, or employee, or into the affairs of any person, firm or corporation dealing with the state. Provided further the Governor may at any time direct the attorney general to file and prosecute criminal actions and civil recovery <:ctions in the name of the state against any official person, firm or corporation for violation of any criminal or civil statute in dealing with or for the state which results in loss, damage or injury thereto. In the event the attorney general refuses to take or file such action within a reasonable time after having been directed by the Governor so to do, the Governor is authorized and empowered to appoint a special attorney general to carry out the requirements of law herein provided.
Section 10. In addition to the power conferred upon the attorney general in this act, the Governor or the General Assembly is authorized likewise to make investigations, including investigation of the state department of law or the offices of the attorney general or any agency under his control and all authority and rights granted to the Governor and the General Assembly shall be as complete and absolute as those granted hereunder to the attorney general. In any civil or criminal action against the attorney general, the Governor shall designate a solicitor general who shall be empowered, in such case, to act for the state.
Section 11. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Lester of the 18th asked unanimous consent that SB 12 be immediately transmitted to the House, and the consent was granted.
Senator Atkinson of the 1st moved that at the conclusion of joint session of the Senate and House, the Senate stand adjourned until 10 o'clock tomorrow morning, and the motion prevailed.
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 called for the purpose of hearing an address by Brigadier General Eric Fisher Wood, was called to order by the president.
The secretary read the resolution convening the joint session.

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JOURNAL OF THE SENATE,

The president presented to the General Assembly, His Excellency, the Governor, who introduced Brigadier General Wood, to the General Assembly.
After an address by General Wood, the joint session was dissolved and under a previously adopted resolution, the Senate stood adjourned until 10 o'clock tomorrow morning.

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205

Senate Chamber, Atlanta, Georgia.
Wednesday, February 3, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. la. First reading and reference of Senate and House bills.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.
The consent was granted. '
The following resolution was read and adopted: SR 39. By Senators Millican of the 52nd, and Foster of the 40th:
Resolved that the remarks made by the Honorable Richard B. Russell in his speech of November 17, 1942, on the floor of the United States Senate be printed in the journal of the State Senate.
The speech referred to in SR 39 was as follows:

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JOURNAL OF THE SENATE,

THE ANTI-POLL-TAX BILL
SPEECH OF HON. RICHARD B. RUSSELL OF GEORGIA IN THE SENATE OF THE UNITED STATES, NOVEMBER 17, 1942. THE JOURNAL
The VICE PRESIDENT. The clerk will proceed to read the journal.
The chief clerk proceeded to read the journal.
During the reading of the journal:
MR. RUSSELL. Mr. President, a parliamentary inquiry.
The VICE PRESIDENT. The senator will state it.
MR. RUSSELL. I have casually examined the journal of yesterday. I find that on the roll calls the names of absent senators do not appear. On Saturday last, in connection with the roll calls, not only do the names of absent senators appear in the journal, but with respect to eight of them warrants were issued for their arrest. I desire to move to amend the journal.
The VICE PRESIDENT. The motion of the senator from Georgia is not in order at this time. It will not be in order until the journal has been read.
Mr. RUSSELL. That is the very point I desire to elicit from the chairwhether the amendment should be offered when the first roll call is reached, so as to make the journal show the truth by including the names of absent senators, or whether the senator from Georgia should defer offering the motion until the conclusion of the reading of the journal.
The VICE PRESIDENT. The chair rules that the senator should refrain from offering his amendments or corrections until the reading is compl~ted.
The chief clerk resumed and concluded the reading of the journal.
The PRESIDING OFFICER (Mr. La Follette in the chair). That completes the reading of the journal.
Mr. RUSSELL. Mr. President-
The PRESIDING OFFICER. The Senator from Georgia.
Mr. RUSSELL. Rule IV of the Senate is as follows:
The proceedings of the Senate shall be briefly and accurately stated on the journal. Messages from the President in full; titles of bills and joint resolutions, and such parts as shall be affected by proposed amendments; every vote, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, shall be entered.

WEDNESDAY, FEBRUARY 3, 1943

207

Those who designed the rules of the Senate were very particular in providing what should appear on the journal of the Senate. The reason for that is quite manifest. The Congressional Record, while it is a record of the proceedings of this body and statements made on the floor are considered in arriving at the legislative intent, yet, for the determination of what actually transpires in the Senate the courts will not look beyond the journal of the Senate.
Mr. President, a very casual reading of the journal this morning, confirmed by a very serious listening to the efforts of the reading clerk-he read with some rapidity and I could not follow him altogether-discloses that on the roll calls we had here yesterday there did not appear in the journal the names of senators who did not answer to their names.
I insist, Mr. President, that it is just as important that there appear in the journal the names of senators who refused to answer to their names, those who absented themselves from the Senate, as it is for the journal to disclose who did respond when their names were called.
That is all the more important, Mr. President, when we consider the very unusual proceedings in this body on Saturday last. At that time a quorum was called, and it disclosed that 52 senators were absent from the Senate. The rules of the Senate prescribe the method of procedure to be followed when there is less than a quorum present. Those rules were not followed on last Saturday. On the contrary, although the roll call disclosed that 52 senators were absent from this body, an unusual and unheard of procedure was adopted, for, upon motion made, warrants were issued for the arrest of only 8 of the 52 who were absent.
Mr. President, I should like to point out that, by a strange coincidence, 7 of those 8 senators who were held up to public obloquy and contempt happened to be from the states at which this infamous legislation is leveled and were known to be opposed to it; whereas, of the remainder of the 52, no effort was made whatever to bring them into this body; no warrants were issued; their names were not announced to the press; they did not go out over the radio, even though they might have been out on the golf courses, all of them absent without leave of the Senate. Eight senators were selected from the 52 who were absent, and the sergeant at arms and his assistants thereupon rushed about the city to find those 8 without any power or authority to arrest the others among the 52 absentees if they had met them on the street. As a matter of fact, two of the other 44 absentees who are in favor of this bill came voluntarily into the chamber, though no warrants had been issued for their arrest. This proved conclusively that they were present in the District of Columbia at the very time the sergeant of arms was ordered to arrest the 8 absent senators who were opposed to this bill.
This was an unfair abuse of power. It was in violation of precedents and rules. It was discriminatory against senators who were at least at the seat of government and presumably about some public business and partial to senators who were vacationing at some resort or at their homes.

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Mr. President, I insist that this action is in perfect keeping with the policy which has been followed since this legislation was first proposed, leveled at eight states, selected in a certain section of the country, inspired and supported in many instances by those who have heretofore sought to keep alive and who have kept alive sectional legislation, leveled at the Southern States.
We are in the midst of a great war, a war which the President of the United States himself says is one of survival, a war in which we are calling upon the young manhood of this nation to go forth and, if need be, to fight and die upon the battlefield in defense of their country, a war in which we are calling upon those who engage in the industries of this nation to strain every nerve and every energy-indeed, to labor beyond human endurance-in the effort to produce tools and materials not only for the use of our own armies but to give to our gallant Allies to enable us to be victorious in this war of survival.
We are calling upon the civilian population to make unusual sacrifices. We even have the school children going about and organizing themselves into victory groups in order that they may gather scrap iron and scrap rubber. We are calling upon the citizens to invest their substance in war bonds, and now, in the midst of this period, we suddenly find that after 150 years someone, somewhere, has discovered that a poll tax in a state constitution is a pernicious political practice, and this sectional bill is brought here to attempt to deride the people of the Southern States as being incapable of self government, at a time when, I say on this floor, those people are responding to the call of their country to a greater degree, commensurate with their means, than the people of any other section of the country.
The Southl!rn States have led in furnishing volunteers for our armed forces. There are sections and counties in the Southern States where practically every white man of combat age is in uniform. These men are acquitting themselves with distinction in every combat with the enemy, whether on land or sea or in the air. The people of our civilian population are supporting our soldiers, sailors, and marines to the limit of their means and ability. The flag does not fly over a more patriotic people than those who inhabit the states at which this bill is aimed.
The Congress should only be considering measures to provide for the men in service and to assure the final victory at the earliest possible date. This bill has no remote connection with the war effort. It should not be brought on this floor at this time, especially when we consider that tens of thousands of young men of the South, who will be affected by it, are now fighting for their country on foreign soil and cannot be heard to express their opinion of this unprecedented proposal to invade eight Southern States and change local laws under which they and their forefathers have lived since before the Revolutionary War.
Mr. BARKLEY. I should like to make a parliamentary inquiry for the Record.
The PRESIDING OFFICER. The Senator from Kentucky will state it.
Mr. BARKLEY. The journal of the senate for yesterday having been read, and there being no motion pending, upon what subject is the senator speaking?

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Mr. RUSSELL. Mr. President, I have been in the senate for some time, and I have seen the senator from Kentucky-who always is fortunate, the chair recognizes him even after half a dozen senators have addressed him first-1 have seen him take the floor and deliver himself of a statement without any motion pending. But I will state, if the chair requires it, but not in response to the senator from Kentucky, because I think the question should have been addressed to the chair, that I propose to offer an amendment to require the journal to show what were the true facts of yesterday's proceedings with respect to those who did not answer to their names wheo the roll was called.
The PRESIDING OFFICER. The motion will be stated for the information of the Senate.
The LEGISLATIVE CLERK. A motion to amend the journal by inserting after the names of Senators who answered to their names on the first roll call the names of senators absent without leave of the Senate who did not respond to the call of the roll.
The PRESIDING OFFICER. The question is on the motion of the senator from Georgia. The senator from Georgia is recognized.
Mr. RUSSELL. Mr. President, when I was interrupted by the parliamentary inquiry, I think I was discussing some of the history of the poll tax in my own state. I do this for the reason that the report of the majority of the committee on the bill sought to be brought up arrives at the conclusion, and states, that this legislation is necessary because the several states devised the poll tax as a means of disfranchising the Negro in the eight Southern States.
I challenge that statement, Mr. President, and denounce it as being absolutely false and without foundation. Back in the days of colonial Georgia, when we were living under King George III, there was a poll tax of 4 shillings and 6 pence in the colony of Georgia, which any voter was compelled to pay before he could avail himself of the privilege of the franchise in voting for the members of the colonial legislative body.
It has been urged here that it is undemocratic and improper-yea, unconstitutional-to require a man to go forth into battle for a state which would levy a tax upon his right of exercising the franchise. That would be news to those from my state of Georgia who entered the Continental Army and gave their all in order that we might enjoy the independence and the rights and privileges which are ours as American citizens today. At that time some people from other sections of the country, from which sections today people are trying to force this bill down our throats, were still making a great business of selling us Negro slaves, and the poll tax was then in existence. Yet it is said here that it is necessary to pass this bill because the poll tax was devised as a mean of disfranchising the Negro.
In the Revolutionary War the colony of Georgia made a record of which it might well be proud. The youngest of the Thirteen Original ~olonies, it was the only one which had ever received any direct monetary grants from the British Crown.

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For that reason many of the people were kindly disposed toward the British government, for unusual favors shown. Brother was arrayed against brother. Some of the most horrible tragedies of all our history, equalling that when Sherman passed through spreading his trail of devastation and woe, were incidents which occurred in the battles between the partisan bands of patriots and Tories in Georgia during the great struggle for independence. Nearly every house in the state was burned, most of the men were killed or wounded, and the women and children suffered indescribable horrors. The Tories and British brought in the Indians to complete the work of destruction.
But the revolutionary patriots never wavered, and despite the fact they had a poll tax they carried on through it all to victory and freedom for us all.
We are proud of those who represented Georgia in the Continental Army. The population of the state was small, but her sons were found on almost every Revolutionary battlefield. Georgians fought at Kings Mountain, at Camden, at Cowpens, and at Guilford Courthouse. At Brier Creek, Col. Samuel Elbert, commander of a small body of Georgia continentals, though surrounded, stood and fought with his men until the last one of them was cut down to the ground. Elbert himself had seven wounds in his body. He experienced a miraculous recovery, and was present and served with distinction at Yorktown. After the war he was elected Governor of Georgia, and a county of my state is named in his honor.
Samuel Elbert and other Revolutionary heroes marched forth to fight and suffer and die in the cause of American freedom, marched from communities where a poll tax was imposed; yet we are told here by the senator from Kentucky that it is so undemocratic, so contrary to the concepts of a republican form of government, that it is necessary for us to strike it down, to invade the states and repeal provisions which have been in our state constitutions for over a hundred years.
Mr. O'DANIEL. Mr. President, will the senator yield for a question?
Mr. RUSSELL. I yield for a brief question.
Mr. O'DANIEL. While the senator is stating what the pioneers in Georgia did, I should like to call attentwn to the fact that at the present moment this pernicious bill is aimed at the great State of Texas, while one of our Texans, Admiral Nimitz, is commanding the fleet in the Pacific engaged in the terrible battle now proceeding, and another Texan, General Eisenhower, is commanding the army in the Eastern Hemisphere.
Mr. RUSSELL. All Americans are proud of those men. Mr. President, I shall not delay to enumerate those composing that noble galaxy of heroes who went forth to fight for independence, for independence for states which then had not been dreamed of, but which are attempting to force this unconstitutional bill down our throats, and who went away from a poll-tax community back in the days of the Revolution.
Then came the War of 1812. Georgians did their part in that war. There was

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fighting along our coasts. The mountaineers of north Georgia took up their long rifles to march all the way down to New Orleans, La., with Andrew Jackson, and there, behind the cotton bales, they made their contribution toward winning the only battle the American forces really won in that war. They went away from their homes, and they thought they were fighting for the freedom and independence of this country. They left a community where a poll tax was imposed.
Now let us progress a little, to the time when the Texan struggled for indepenpence was in progress, and I shall advert to it on account of the interruption of the senator from Texas. In the Alamo, fever wracked, lying upon a cot, was a man named Colonel Bowie, from Burke County, Ga. He had his comrades assist him to his feet in order that he might take his place on the walls of the Alamo to repel the Mexican hordes. On the last day of the siege he was confined to his bed and could not even stand, so he had a pole driven into the ground by a faithful slave, and he held on to it with one hand, and with that knife to which he gave his name he struck down several Mexicans, whose bodies were found around where that hero fell.
Those who marched with Fannin to Goliad were in large measure Georgians.
The Lone Star flag of Texas was designed and made on Georgia soil by Miss Joanna Troutman, a Crawford County, Ga., girl, and was carried by Georgia volunteers, who went to fight with those who were struggling for the independence of Texas. And they ldt from a community where there was a poll tax, and they did not feel that they had to lay down their arms and say, "We will not fight for our country because we have a poll tax."
Then, l\1r. President, we come to that tragic fratricidal strife of the sixties, \\hen brother was arrayed against brother in the greatest tragedy of all our American history. The poll tax was in effect in Georgia during that war. After 4 years of heroic service upon the battlefields of Virginia and the West, the Georgia soldier accepted his defeat in good faith with his other southern comrades and returned to his home. My state suffered more from that bloody and awful struggle than almost any other state. It is not generally known, but in the Battle of Chickamauga, fought on Georgia soil, more men were actually killed in battle in 1 day than in any other battle of the Civil War.
The southern soldier came home, it is true, to find his home in ashes, and saw his wife and children coming up to greet him on a path which led from a house which had been occupied by servants when he marched away to war. But he had courage, Mr. President, even though he lived in a community which levied a poll tax. He faced the situation as a man, and, standing in the fire-blasted ashes of all he held dear, he faced the east and swore he would build there on the ashes of the old civilization and even greater and brighter civilization. He carried on under great handicaps. There in that tragic era of reconstruction his every movement was made under Federal bayonets. His civil courts and authorities were stricken down. He was disfranchised. He was not even permitted to vote if he paid the poll tax, because he was proscribed by reason of having fought for the rights of the states which he regarded

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as dearer than life itself. He found all the institutions of his government overturned and military governors operating the states.
In that day, Mr. President, that tragic day, the military governor of my state called for the gathering of a constitutional convention to write a new state constitution, to give force and effect to the amendments to the national constitution which had been adopted here in Washington. In the election of delegates to that constitutional convention the average white man in the South was not even permitted to vote, and the election was held in the shadow of Federal bayonets. That convention, Mr. President, was known in Georgia as the Negro-carpetbagger-scalawag convention. Perhaps senators from other sections of the country are not familiar with those terms. A carpetbagger was someone from outside the South who came into the South at a time when the people were helpless, in search either of a home or of a political job with the new governments which were being instituted, or to prey upon those who could not defend themselves. The name is derived from the fact that the man brought all his possessions in a small valise, which was called a carpetbag. Many carpetbaggers left after a few years, and left with much more than they brought. Some of them, be it said to their eternal credit, stayed in good faith in the South. They saw the conditions there, and today the viewpoint of their children is the same as the viewpoint of the children of those who fought on the side of the Confederacy. Some of the best citizens of my state are those who moved into that state immediately after the War between the States.
Mr. President, a scalawag was one who was born and reared in the South. More often than not he had perhaps, through force, served in the southern armies. Generally, however, he was a shirker or a straggler when a battle for the South and southern rights and honor was at its hardest. He was one who, when he came home and saw his own prostrate and bleeding people ground into the earth, instead of casting his lot with them and seeking to bind up their wounds, abandoned them in their hour of distress and went over to the carpetbaggers and the Negroes, and fawning upon them for the purpose either of getting political preferment, or of securing plunder and booty from a helpless people, joined hands and went into the forefront of those who had come from abroad to persecute his own helpless people.
Mr. President, it is little wonder that in their hour of agony the Southern people regarded the scalawags who added to their distress as being more infamous than either Judas Iscariot or Benedict Arnold. Even the soldiers from the North who were stationed in the South held the scalawags in unspeakable contempt because they had abandoned their people in their hour of trial and groveled before the Negroes and carpetbaggers. They were without principle and without conscience.
That was the complexion of the constitutional convention which assembled in my state in 1868 to rewrite a state constitution. Negroes, carpetbaggers, and scalawags met to frame a constitution for the state of Georgia, but when they met they wrote into that constitution a poll-tax provision as a requirement for voting, and I imagine that they would be utterly dismayed today to know that in this late hour it is said that the states had no right to levy this poll tax, and that it was necessary for the Federal government to project itself into the state with some sort of a super-carpetbag-scala-

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wag proposition as this from Washington, to go down and tell the people of the state what kind of a constitution they are to have, and to undertake by a mere Federal statute, to repeal in the constitution of a sovereign state a provision which has been in it a hundred years.
Mr. President, I do not stand here as any advocate of a poll tax. It may be outmoded. It may be that the time has passed when it is necessary for people in their poverty to levy a head tax for any purpose, but I want to say, Mr. President, that it is very difficult for some senators from the wealthier states to understand how important every dollar is that we are able to get into our state treasuries to make our schools operate in some of the less fortunate st.ates which have been so long exploited.
That 1868 convention in Georgia wrote into the constitution the provision that this tax should every year be set up as a special fund for education. It is assessed against white and black alike. It is applied to the education of white and black alike. Yet we hear it said that it is a device framed by the eight Southern States to disfranchise the Negroes. That is most absurd. It is utter poppycock. It is as utterly without foundation as any contention which has been made in this body since I have been a member here.
In the formulation of the constitution of the United States the founding fathers in section 2 of article I specifically granted to the several states the right to prescribe the qualifications of voters. At one time or another practically every state, and certainly all of the original thirteen, have had property qualifications. Up until the time it was my honor to serve as Governor of Georgia the constitution of that state required the payment of all taxes, whether state, county, or local, before any person should be entitled to vote. During my administration the constitution of that state was amended so as to require only the payment of a poll tax, and I signed and approved the resolution submitting this provision to the people, who also approved it.
The poll-tax provision should perhaps be repealed, but insofar as Georgia is concerned it should be repealed by the people of Georgia. The federal government, after accepting us into the Union when we ratified the constitution in 1788, with the poll tax provision in our constitution, and after having let it exist even through the trying days of the Reconstruction, has certainly no right to invade my state now and attempt to hold it up to public scorn, and say "Here are these Southern States; they are so backward that they are not capable of administering their own affairs. We have got to go down in there from Washington and rewrite the constitution for them, and tell them what they can and what they cannot have."
No; I am no advicate of the poll tax, Mr. President, but I am a bitter opponent of any effort by the Congress of the United States to strike down by statute the constitution of the United States and my state constitution, particularly when the effort is motivated by some of the influences which I see here behind the bill. It is supported by every professional South hater in the United States. Oh, those backward, illiterate southerners, with the lowest per capita income in the United States, trying to get a little money to keep their schools open to educate their youth down there through this tax, are then held up to national scorn. The professional South haters

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join hands with the professional reformers to come down there and reform us on the ground that we are not capable of looking after our own interests.
Mr. President, the people from my section did their bit in the Spanish-American War. They fought-and some of them died-as bravely and as truly as did the people of any other section of this Republic. They came from a section which had a poll tax. In rhe First World War they came from a community which had a poll tax, and no question was raised that they should not fight because they came from states where a poll tax was imposed. It is only now, after 150 years, that statesmen have been developed who are able to perceive that the poll tax is so iniquitous that it is violative of the federal constitution, even though it was in effect at the time the constitution was approved.

We thought we had perhaps a few statesmen back in the early days of this Republic. We have been taught at school-and it is still in some of the obsolete history books-that those who framed the constitution of the United States were men of some little ability. When the constitution was framed no prohibition against the poll tax was written. On the contrary, the right of the states to levy it was specifically protected in that great document. The poll tax was in existence when the constitution was approved. We thought we had some statesmen back in the early 1800's. In the early days of the 1800's in the dramatic moments which led to the War between the States, we thought that some of our statesmen were men of ability. In some quarters, Clay, Webster, and other great men have been recognized as men of some ability. But, oh no, Mr. President, the true Messiahs had not yet put in their appearance. The men who strode across the stage of history in that period were mere weaklings when it came to really perceiving what was unconstitutional. When we compare them with these present-day giants who look back to 1785, and read in the minds of the colonial legislature of Georgia, an objective to disfranchise the Negro through a poll tax, those men were nothing.
We fought through a World War in 1917 and 1918. There were men of some ability in the Congress at that time. The senator from Kentucky (Mr. Barkley) was a member of Congress at that time. The war was fought and won without anybody making the amazing discovery that it was illegal and unconstitutional for a man to be called upon to fight for a state in which a poll tax was imposed. For 150 years, - down to the year 1939, not even the most fanatic of the advocates of centralizing power in Washington ever imagined that the federal Congress had the power, by statute, to wipe out the provisions of a state constitution which has such a long historical background. It remained for the great senator from Kentucky and the senator from Florida (Mr. Pepper) to make the amazing discovery that all these years we have been living under a vicious, unconstitutional system which they would now remedy by a simple statute.
Mr. President, I know something about the forces behind this bill. I took the trouble to run through the hearings before the Senate Judiciary Committee. I would not deny to any person who ever lived the right to appear before a Senate committee

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and give voice to his views and opinions. However, Mr. President, resent some of the things which have been said about my people and my state. A witness who appeared with the senator from Florida in support of this bill, a witness who is temporarily sojourning in my state, made the statement before that committee, not once, but two or three times, that it was the practice in the State of Georgia for certain persons to buy up a large number of poll tax certificates, and for one person to take those certificates to the polls and cast a large number of votes with the certificates.
l.VI r. President, there was never any greater fabrication of any matter before any committee of Congress in the history of the Republic. The statement to which I refer is false and untrue. There is no such thing in my state as a poll-tax certificate as a license to vote. The poll tax is not paid at the time of voting. The voters is not required to submit any form of certificate or showing whatever when he presents himself to cast his ballot. The constitution of the State of Georgia requires that the poll tax shall be paid 6 months before the holding of the election. The registrars make up the lists of voters by going to the office of the tax collector and ascertaining who has paid his poll tax. There is no such thing in my state as a poll tax certificate as a license which is brought in by a person when he presents himself to exercise the right of franchise.
Nc state in the Union has fairer, cleaner, or purer elections than has the State of Georgia, which I have the honor in part to represent here. I resent the imputation~ of the holier-than-thou members of Congress who have the bill in charge that th: measure is necessary to assure pure elections in the Southern States. The original House bill, the text of which is before Senators at the present time, states that because of pernicious political activities in the South it is necessary for the federal government to invade our state and undertake to clean up elections among' our poor, ignorant, and backward people, who do not know how to handle themselves.
Of course, :.'VIr. President, in a matter of this kind equity means nothing. The sponsors of the proposed law never heard of the rule that he who seeks equity must come into court with clean hands. Men of that ilk care nothing of equity and decency. The "holier than thou" members of Congress who have been annointed by the machine of Boss Kelly in Chicago, that great humanitarian and pure political organization, urge the passage of this bill on the ground that it is necessary in order to clean up elections in the State of Georgia. l.Vlr. President, there is more fraud and corruption in the Kelly machine or the Hague machine in 5 minutes than there has been in all the Georgia elections in the past 50 years combined.
I resent some of the forces which are behind this bill. I have no quarrel with communistic Russia as a fighting organization. The Russians are powerful partners to have in a scrap. I have no objection to the people of Russia having the form of government that they desire. I am perfectly willing to go to the extreme limit in getting together all the tools, machinery, and material that we possibly can assemble, and go to great lengths in getting them to the battle front in Russia, to be used against our common enemy. However, Mr. President, I do not appreciate the fact that Mr. Earl Browder, the head of the Communist party in the United States, is identified as one of the leaders in connection with the proposed legislation.

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I am somewhat familiar with the program of the Communist party in this country. Before there shall ever be a vote upon the pending bill in this body I propose to read on the floor of the Senate some of the documents of the Communist party which have been scattered from one end of the South to the other. Speaking of disunity, if there ever was an effort to array one race against another, it has been made in the South by the Communist party which is now sponsoring this bill.
The only thing which has done more than the Communist party through the distribution of pamphlets to tear down good relations which men of good will in both races have painstakingly and earnestly created over a long period of years has been the proposal of measures such as that before the Senate at this time.
Mr. President, I have pamphlets which have been circulated by the Communist party which demand that the states from the Potomac River to the Rio Grande, including Texas, shall be turned over wholly, solely, and exclusively to the colored people. The pamphlets state that the white people should be put out of those states bodily, and if they are not hurled out they should be liquidated, or made slaves of the blacks of those states, and that those states should be made into a great black com munistic republic. For some time those leaflets have been scattered by the Com munist party in my state, and I shall exhibit them on the floor of the Senate before the debate is concluded. So when I see proposed legislation which bears the imprimature of Mr. Earl Browder and the Communist party I scan it with unusual care.
I have seen pamphlets pertaining to the legislative program of that party. This bill is near the head of the list. The sponsors propose to follow it by other legislation which would wipe out all our registration and qualification laws and allow some little federal official from some other state to preside at every polling precinct in the South during every election, not only congressional, but state and local as well. When I see them getting ready to make this the first step of such a program I resent it, and I shall do all that lies within my power to block that first step. Now, Mr. President, we have in Washington other organizations sponsoring the measure. We have Walter White, a Negro who runs theN. A. A. C. P., who is a great sponsor of this legislation. I understand that White used to be a constituent of mine. He has moved away now, and he has a good job as a Washington lobbyist. Of course, he has to have something to promote or the income will run out, and so he always has a bill. He has a right to urge his bill; but he is behind this legislation, and he appeared before the committee in conjunction with lobbyists from other colored organizations who are doing more to destroy wholesome racial relations in the South than men who have almost given their lives to build up good relations have been able to establish over a long period of years. It is a great tragedy, Mr. President, that we have men who in their haste to secure votes in some sections commit themselves to legislation like this without realizing the full implications of the legislation.
Mr. President, I shall not attempt to address myself to this subject at any length today. I do want to point out that as to those who are referring to the opposition which has been guilty of a filibuster, as engendering national disunity, the leadership
has but to make a simple motion at 5 minutes past 2 to take up the bill to enable us to

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proceed to debate it upon its merits, to strip it of all the sham and pretense that have been thrown about it, to dispel all of the fogs of misrepresentation with which it has been shrouded, and to let the American people see what is really in the measure. It is merely a political punitive expedition into eight Southern States, and the forerunner of other efforts of the federal government to take charge of all of our election machinery. Vote for it if you will; cram it down our protesting throats if you can; I predict that the day will come when you will regret having given all power to the federal government and left the states impotent.
Those of us from the Southern States who are opposing this bill are not responsible for the bitterness engendered and the delay of the so-called filibuster. We did not bring this bill here, and we are fighting for the rights of our people. Those proposing this unusual measure have forced us to resort to unusual parliamentary practices through their insistence that the bill be taken up at a time when the motion to make it the unfinished business is not debatable.
Mr. RUSSELL. Mr. President, I hold in my hand one of the large daily newspapers of my state. In the Sunday edition, which is read by perhaps more people on account of the leisure of the day, there appears the following headline: "The arrest of Russell and seven other senators voted by associates."
Over on the pages to which the article continues-page 14-there IS a subheadline in large type: "Senator Russell faces arrest."
I do not know, Mr. President, what has become of the warrant. If it helps to beat this bill, I am ready for it. I have heretofore expressed my indignation and my resentment against the unfair and illegal method by which this matter was handled, the singling out of 8 absentees out of 52 to be held up before the people of the nation; but I desire to say now, Mr. President, that we who are defending ourselves here, we who are not only undertaking to protect our people but who are expressing our resentment at having them held up to scorn and attack with subtle abuse, have a right to avail ourselves of any privilege which is open to us. For my part I propose to avail myself of every right I have. Let the proponents make the most of it. Your warrants of arrest will not deter us in this fight. They will not stifle my protests or abate the contempt that I feel for some of the forces and motives back of this bill.
Mr. President, I notice that there is a tendency on the part of some presiding officers-and I certainly make no reference to the great senator who is our present presiding officer-to take short cuts to deny senators their rights under the rules, and to avoid seeing senators who are standing upon their feet clamoring for recognition, look in another direction as if they are hoping and praying that some other senator will seek recognition, and all the looking is away from those of us who oppose this infamous legislation, and it is all toward those who are seeking to cram it down our throats. In the consideration of the measure we are entitled, as senators know, to a fair and square deal under the rules of this body. I, for one, shall insist and fight to the limit of my power and strength to see that no member of this body is denied even one jot or tittle of any right that is his under the rules and precedents of this body merely because he opposes any such invasion of the state and Infringements of

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the rights of the people of the states as is proposed in this legislation. This bill would lynch the constitution of the United States and the constitution of the State of Georgia, but we shall endeavor to see that the rules of the Senate are not also raped and viola ted in the process.
Mr. President, there are probably some who are urging this legislation in good faith. They should perhaps be forgiven on account of their ignorance as to what they are doing; but they are doing more to cause race feeling and confusion in the South, they are doing more to delay the elimination of the poll tax in the Southern States, than is any person who might be in favor of retaining the poll tax. The poll tax is on its way out. It has already been voted out in North Carolina; there is no poll tax in the great State of Louisiana; there is no poll tax in the State of Florida, among the Southern States; and, Mr. President, I understand that the Democratic party in Tennessee proposes to repeal the poll tax in that state this year. I happen to know that it was to be proposed in the Georgia legislature this year to have the constitution so amended as to abolish the poll tax in the State nf Georgia; and if a measure to that effect were submittel to the people of Georgia on a vote, as a voter in that state I should vote to repeal the poll tax as a state function.
That is one question, Mr. President. It is another to have to be compelled to stand on the floor of the Senate at intervals year after year and defend your people against legislation which is conceived with the idea of smearing the South and of putting the southern people in the light of being unable to attend to their own affairs. Let the poll tax be repealed, if it should be, at the proper place. We have not yet come to the state of affairs in Georgia where we need the advice of those who would occupy the position of the carpetbagger and the scalawag of the days of reconstruction to tell us how to handle our internal affairs. We have good government in our states. We have pure elections in our states. I say, further, Mr. President, that we are treating the Negro fairly in our states; and the Negro who is living with us there is not aided any when Walter White and these other Negro lobbyists get up legislation of this kind and bring it on the floor of the Senate.
Mr. President, I challenge all human history to show another instance where in the brief span of 75 years as much progress has been made by an uncivilized race as has been made by the southern Negro who was sold to us as a slave by our friends from the East but a short while ago in the life of a people. I challenge all history since the beginning of man to show any country or any people where two races as different as the white and the black races have been thrown together under such conditions as those by which the blacks and the whites have been thrown together in the South and where as much progress has been made in the brief period of 75 years in establishing fair and just relations between those peoples.
Oh, there are injustices, there are abuses; but I say that despite the burden that we have been carrying in the South, those injustices and those abuses are not any worse, if as bad, than those imposed between two different strata of society in the states which have practically no Negroes today.
I am tired of having the South pilloried with this type of legislation. Any fair-

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minded man who will study the history of the last 75 years would commend the South
on the great work: that we have done. Under the leadership of our own people those
who were ignorant slaves 75 years ago have made great strides forward. They have
been provided with educational facilities largely at the expense of the whites. Many of them own their own homes or businesses, and some have accumulated wealth. No minority race under similar circumstances has ever enjoyed as large a measure of justice and freedom in such a brief period. We have worked hard and painstakingly down through the years to evolve a plan of having the Negro in .our midst with the least possible friction, and we have made remarkable progress in adjusting the inevitable problems and conflicts which arise when two races live side by side.
We have made this progress in spite of all the reformers, publicity seekers, vote hunters, and South baiters and haters who harass us year after year by undertaking to tell us from Washington how to run our local affairs, and make a business of criticizing the South. If you expect by this or similar legislation to force social equality and the commingling of the races in the South, I can tell you now that you are doomed to failure. You do a great injury to the southern Negro by urging legislation of this kind, and even though you have the votes to enable you to pass the law, you will never be able to enforce any such system in the Southern States. The Negroes are building up a social system and a civilization of their own within the social system and civilization of the South, but it is separate and apart, and you cannot bring them together by law or edict. It is not to the interest of either the Negro or white race that this should be done.
If some of you zealous reformers would but direct your attention to worse ~.buses and injustices that are nearer home and leave us of the South, white and black, alone, as we work out this problem, it will be much better for all concerned.
So, Mr. President, speaking as one member of the Senate, I consider th~ motion to project this matter into the Senate at this time the most inexcusable one of which I have ever known. It is not justified by any fact or condition that has been broug'ott to . the attention of any committee of the Congress. Not a single committee has had before it a witness to testify that any pernicious political activities are being carried on in the Southern States. Not a single witness has appeared to testify that there is any different condition existing today than there was in 1785 when the poll tax was first imposed in Georgia. On the contrary, the Southern States are wiping this tax out step by step. If this bill shall be passed, if it shall be crammed down our throats and the Southern States shall be invaded and their election machinery taken over, there will be torn down in the twinkling of an eye something that has been constructed very painstakingly and by the rule of trial and error over a period of many years. It will be a great internal tragedy in the midst of war.

We hear much said about disunity; it is asserted that the poll tax is calculated to bring about disunity, when it has been in effect for 150 years; yet no mention is made of the disunity that is caused by Democrats attempting to force down Democratic throats such legislation as this.

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So, Mr. President, for my part, I shall fight to the last, to the bitter end, so long as I can stand and speak, against this legislation proposing to repeal by statute, not only the federal constitution but also the constitution of my state. The effort is all the more clearly unconstitutional since it was a customary practice, and law in Georgia when my state approved the original federal constitution in 1778. If this bill be passed, it will wipe out the last right of the states. There would be no real excuse for their existence, and the state government would be a useless appendage.
I shall continue to denounce with all the vigor at my command those who assume and take the position that my people in Georgia and those in other Southern States are in need of a federal guardian sent down from Washington to tell them the type of legislation they shall enact within the state, and who undertake to prescribe rules and requirements covering the life of my people at the behest and insistence of those who either hate them or who would capitalize politically on legislation directed at them. My people in Georgia are the peers of any in this nation. They are doing their part in this war, as they have ever done in the past. There is no condition which deserves the odium this legislation would heap upon them, and they deserve better and fairer treatment at the hands of their fellow Americans.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 94. By Senators Ingram of the 51st and Dean of the 34th:
A bill to amend chapter 84-801 of the code of 1933 entitled "Embalmers" by substituting new sections to create a state board of embalming; and for other purposes.
Referred to Committee on State of Republic.
SB 95. By Senator Simmons of the 8th:
A bill to require that the ingredients of paint shall be shown on labels, together with the name of the manufacturer; and for other purposes.
Referred to Committee on State of Republic.
SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Simmons of the 8th, and Kennedy of the 2nd:
A bill to fix the time for general and primary elections in Georgia; and for other purposes.
Referred to Committee on State of Republic.
SB 97. By Senators Preston of the 27th, and Gross of the 31st:
A bill to provide the supreme court shall employ a person or persons to prepare and compile the acts of the General Assembly; and for other purposes. Referred to Committee on Public Printing.
SB 98. By Senators Atkinson of the 1st, Pope of the 7th, and Raynor of the 4th:

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A bill to repeal section 29-409 of the code of 1933 and substituting a new section to provide deeds executed out of this state when properly attested or acknowledged by certain officers of the army or navy, or consul or vice consul may be recorded in this state; and for other purposes. Referred to Committee on General Judiciary No. 1.
SB 99. By Senator Bacon of the 28th: A bill to fix the salary of the clerk of the county commissioners of Morgan county at $65.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 100. By Senators Lester of the 18th, Oden of the 46th, and Millican of the 52nd:
A bill to create a board of directors of eleemosynary institutions; to name and designate the eleemosynary institutions; and for other purposes.
Referred to Committee on State Sanatarium.

SR 40. By Senator Lovett of the 16th:
A resolution to authorize the state librarian to furnish certain law books to the clerk of Laurens superior court; and for other purposes.
Referred to Committee on Public Library.
SR 42. By Senators Lester of the 18th, Oden of the 46th, Millican of the 52nd, and Ennis of the 20th:
A resolution proposing an amendment to article V of the constitution to provide for a board of directors of eleemsynary institutions; and for other purposes.
Referred to Committee on Amendments to Constitution.
The following bills of the House were read the first time and referred to committees:
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to amend the act to create a board of commissioners of roads and revenue for Glynn county, by providing as a safeguard for all funds deposited in or allotted by to what is known as the reserve fund of the county that no funds shall be withdrawn or released therefrom; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 134. By Mr. Looper of Dawson:
A bill to abolish the office of tax receiver and of tax collector of Dawson "county, and to create the office of tax commissioner; and for other purposes.

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Referred to Committee on Counties and County Matters.
HB 192. By Mr. Looper of Dawson:
A bill to create a commissioner of roads and revenues for Dawson county; to provide for the selection of the same; to define his powers and duties; to fix his compensation; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 193. By Mr. Moore of Taliaferro:
A bill to amend an act amending an act to create a board of commissioners of roads, public buildings and public property and finances for the counties of Warren and Taliaferro, so as to authorize said board to employ a clerk: by providing that the ordinary may be said clerk:; and for other purpo$es.
Referred to Committee on Counties and County Matters.

HB 199. By Mr. Nicholson of Oconee:
A bill to consolidate the offices and duties of tax receiver and tax collector in the county of Oconee; to create the office of tax commissioner for said county; to fix his compensation; to provide for his election and the method of filiing vacancies in said office; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Lester of the 18th 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 recommendations:
SB 73. Do pass.

SB 84. Do pass.

SB 85. Do pass.

SR 31. Do pass.

HB43. Do pass.

Respectfully submitted,

Lester of the 18th district, Chairman.

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223

Mr. Terrell of the 19th 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:

SB 31. Do pass as amended by the committee. Respectfully submitted, Terrell of the 19th district, Chairman.

The following bills and resolution of the Senate and House, favorably reported by the committees, were read the second time:
SB 31. By Senators Pittman of the 42nd and Bloodworth of the 22nd: A bill to amend an act so that clerks of the superior court shall require a deposit of $10.00 in divorce suits instead of $6.00; and for other purposes.
SB 54. By Senator Arnold of the 26th:
A bill to cede and convey to the city of Griffin, the fee simple title to the land known as Camp Northern, which was donated to the state in 1893; and for other purposes.

SB 73. By Senators Gross of the 31st, Forester of the 44th and Kennedy of the 2nd:
A bill to amend an act to create a department of public safety by providing certain fees for the sheriffs of the several counties of this state; and for other purposes.

SB 85. By Senator Millican of the 52nd:
A bill to amend the uniform narcotic drug act to allow sale of narcotics to master of a ship or aircraft without a regular physician; and for other purposes.
SR 31. By Senators Lovett of the 16th and others:
A resolution proposing that paragraph 1 of section 9 of article 3 of the constitution be amended to provide that members of the General Assembly shall receive $600.00 as full compensation for the complete legislative session; and for other purposes.

HB 43. By Mr. Elliott of Muscogee:

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A bill to declare certain days as public and legal holidays; to declare certain days as religious holidays; and for other purposes.

Senator Raynor of the 4th asked unanimous consent to have the following bill of the Senate withdrawn from the Committee on State of Republic read the second time and recommitted:
SB 92. By Senator Raynor of the 4th:
A bill to amend chapter 92-11 of the code of 1933, by repealing section 921104 providing a $10.00 tax on each wagon or truck selling oil or gasoline; and for other purposes.

The consent was granted.
The following privileged resolution was read and adopted: By Senator Kennedy of the 2nd:
WHEREAS, Mrs. Helen Williams Coxon, former Senator from the 2nd district and representative from Long County, is a visitor in the City of Atlanta; and
WHEREAS, this distinguished and lovable lady has many friends in the Georgia General Assembly and in all sections of the State:
THEREFORE, be it resolved that the members of this Senate put forth every effort to make the visit of Mrs. Coxon a delightful one.

The president recognized in the gallery the presence of the civic class of Joe Brown High School of Atlanta.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 17. By Senators Millican of the 52nd, Atkinson of the 1st and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; to fix the terms of the members; and for other purposes.

Senator Millican of the 52nd moved that the Senate disagree to the following House amendments, and a committee of conference be appointed to confer with a like committee of the House:
By Mr. Durden of Dougherty:
Moves the amendment of SB 17 as follows: Section 1 (a) by striking said subsection as it appears in the original bill and substituting in lieu thereof the said section (la).

WEDNESDAY, FEBRUARY 3, 1943
"That there is authorized to be created and established a merit system of personnel administration covering the employees of the state and county departments of health, the state and county department of public welfare, and/or the bureau of unemployment compensation of the state department of labor."
Ainend section 3, sub-section E by adding at the end of said sub-section the following sentence: "Provided that nothing contained herein shall be construed to impair the requirements of section 13 (a) and (b) of the unemployment compensation law of this state."
By' Messrs. Smith and Elliott of M uscogee: Move to amend sub-section (d) of section 2 of SB 17 as follows: By striking the figures "$10.00" where the same appear and substituting in lieu thereof the figures "$7.00."
On the motion to disagree the ayes were 40, nays 0, and the motion prevailed.
The president appointed as a committee of conference on the part of the Senate: Senators Ennis of the 20th, Terrell of the 19th, and Millican of the 52nd:
The following bills and resolutions were read the third time and put upon their passage:
HB 13. By Messrs. McCracken of Jefferson and others: A bill to provide for the qualification of the adjutant general of Georgia; to provide his official 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 160. By Messrs. Riddlespurger of Colquitt and others: A bill to abolish the present industrial board of the department of labor and create in lieu thereof a state board of workmens compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
OJ?- the passage of the bill, the ayes were 44, nays 2.
Tlie hill, having received the requisite constitutional majority, was passed.

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Senator Atkinson of the 1st asked unanimous consent that HB 13 and HB 160 be immediately transmitted to the House and the consent was granted.

SB 26. By Senator Harrison of the 17th:
A bill to amend the act entitled "Housing authorities law"; and for other purposes.

The Committee on Public Welfare offered the following amendment:
Section 5 of said Act of Georgia Laws 1937, 216, 218, is hereby amended by adding thereto the following section to be known as section 5 (a):
"5(a). The Commissioners of the Authority in any City having a population of 200,000 or more, according to the last or any succeeding Census of the United States, shall he appointed to serve for terms of ten ( 10) years. The terms of the Commissioners now in office shall be, and they are hereby extended as follows: The Commissioner whose present term expires in 1943 shall hold office until 1953; the Commissioner whose present term expires in 1944 shall hold office until 1945; the Commissioner whose present term expires in 1945 shall hold office until 1947; the Commissioner whose present term expires in 1946 shall hold office until 1949; the Com missioner whose present term expires in 1947 shall hold office until 1951.

Thereafter Commissioners shall be appointed for a term of office of ten ( 10) years, except that all vacancies shall be filled for the unexpired term. In the event of resignation or death or incapacity of any Commissioner before the expiration of his term, the vacancy for the unexpired term shall be filled by the remaining members of the Board. If there is a tie vote on the selection of a Commissioner for any unexpired term, the Mayor of the City shall be entitled to vote in selecting a Commis-
sioner therefor. Except as herein amended, said Section 5 with respect to the appoint-
ment, terms of office, powers and authority of said Commissioners shall remain in force and effect."
The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

SB. 27. By Senator Harrison of the 17th:
A bill to aid the prosecution of the war by authorizing housing authorities to develop housing for persons engaged in war industries; and for other purposes.

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227

The report 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.
SB 28. By Senator Harrison of the 17th: A bill to create a state director of housing; and for other purposes.
The report 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 as amended.
Senator Harrison of the 17th asked unanimous consent that SB 26, 27, and 28 be immediately transmitted to the House and the consent was granted. SR 29. By Senator Simmons of the 8th:
A resolution that this Senate does heartily concur in the resolution passed by the House of Representatives memorializing Congress to speedily take such action as is necessary to guarantee the peanut farmers a fair price for their product; 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 4.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills
and resolutions of the Senate to wit: SB 21. By Senator Arnall of the 36th, and others:
A bill to make the term of the commissioner of agriculture concurrent with

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that of the Governor; to provide the time for election; and for other purposes.
SB 4. By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, and others:
A bill to propose an amendment of article VIII, section II of the constitution by adding a new paragraph to provide for a state board of education; to provide membership, appointment, of vacancies, eligibility for membership, powers and duties of the state board of education; and for other purposes.
SR 30. By Senator Gross of the 31st:
A resolution appointing Hon. Wightman F. Melton as Poet Laureate of Georgia.

SB 36. By Senator Arnall of the 36th:
A bill to repeal an act to establish a state planning board; and for other purposes.

The House has passed by Substitute by the requisite constitutional majority the tollowing resolution of the Senate to wit:
SR 28. By Senator Raynor of the 4th:
A resolution deeding the title of certain lands to Charlton county; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 15. By Senators Harrison of the 17th, Gross of the 31st, and others:
A bill to amend section 18 of an act relating to abolition of board of control and transfer of its functions to the board of public welfare, so as to provide that the authority, powers, duties, supervision, etc. be transferred to state board of education; and for other purposes.

The House disagrees with Senate Amendments to HB 12, and requests that a committee of conference be appointed to confer with a like committee of the House.
The speaker has appointed on the part of the House the following: Messrs: Gowen of Glynn, Cates of Burke, Salter of Upson. Senator Millican of the 52nd moved that the Senate insist on its amendments to

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229

the following bill of the House, and asked that a committee of conference be appointed:
HB 12. By Messrs McNall and Grayson of Chatham and others:
A bill to abolish the division of wild life and office of commissioner of natural resources and to create a state game and fish commission and inspector of coastal fisheries; and for other purposes.

The motion prevailed.
The president appointed as a committee of conference on the part of the Senate: Senators ,Bloodworth of the 22nd, Pope of the 7th, and Atkinson of the 1st.
The following resolution was read and adopted:
SR 41. 'B~ .y Senators Whitworth of the 30th and Boyett of the 11th: A resolution-Whereas: Captain Eddie Rickenbacker, President of Eastern Airlines, being one of the most outstanding men of America today, a man of great faith, fortitude and courage; as well as having had many most unusual experiences:
BE IT THEREFORE RESOLVED, THAT THIS SENATE, THE HOUSE CONCURRING:
Extend to him a most cordial invitation to address this General Assembly in joint session, at such time as may suit his convenience.
Resolved further that the president of the Senate and the speaker of the House extend such invitation, immediately upon the passage of this resolution by both Houses.
The following bill of the House was taken up for the purpose of considering the report of a conference committee:
HB 12. By Messrs. McNall and Grayson of Chatham and others:
A bill to abolish the division of wild life and office of commissioner of natural resources and to create a state game and fish commission and inspec. i:or of coastal fisheries.

The report of the conference committee was as follows:
Mr. President:
Mr. Speaker: Your committees of conference appointed to consider the differences between
the House and Senate on HB 12, beg leave to submit the following report:

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1. Your committee recommends that the House adopt the Senate amendment regarding the Commissioner from the Salt Water Counties.
2. That the House agrees to the Senate amendment providing that persons related by blood or marriage to the commissioner should not be given appointments.
3. That the House and Senate recede from their position with reference to the salary of the commissioner and that the salary be fixed at not exceeding $5,000.
Chas. L. Gowen Frank M. Cates Salter of Upson
On the part of the House.
David Atkinson of 1st Jeff Pope of 7th Luther Bloodworth of 22nd
On the part of the Senate.
Senator Millican of the 52nd moved that the Senate agree to the conference committee report on HB 12.
On the motion to agree, the ayes were 41, nays 0, and the conference committee report was adopted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House ms1sts on its pos1t10n on House Amendments to SB 17 and the speaker has appointed, as a conference committee on the part of the House the following:
Messrs: Durden of Dougherty,
Daves of Dooly,
Moore of Baldwin.
The House insists on its position on its amendments to SB 5 and the speaker
has appointed, as a conference committee, on the part of the House, the following:
Messrs: Welsch of Cobb,
McCracken of Jefferson,
Foster of Paulding.
The House has adopted the report of the Conference Committee on HB 12 by Mr. McNall of Chatham and others:

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231

A bill to be entitled An Act to abolish the division of wild life, the department of natural resources; office of commissioner of natural resources; to create a state game and fish commission, a director, and an inspector of coastal fisheries; and for other purposes.

Mr. Boyett of the 11th 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/or 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 Governor:

SR 16

SB 4

SB 21

Respectfully submitted, R. L. Boyett, of 11th district. Chairman.

Mr. Hollis of the 24th 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/or 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:
SB 12
Respectfully submitted,
M. R. Hollis, of 24th district,
Chairman.
The following bills and resolutions of the Senate and House were read the third. time and put upon their passage:
HB 17. By Messrs. McCracken of Jefferson and others:
A bill to amend an act fixing the salary of the state treasurer; and for other puproses
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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 40. By Messrs. McCracken of Jefferson and others:
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 66. By Messrs. Deal and Brunson of Bulloch and others:
A bill to fix the salary of the comptroller general; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 66, section 1 by striking the figures in line 2 of section 1 reading "$6,200.00" and insert in lieu thereof the figures "$6,000.00".
The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 14. By Messrs. McCracken of Jefferson and others: A bill to amend section 32-1301 of the code of 1933, relating to borrowing money for payment of public school teachers to provide notes therefor shall not mature later than the last day of the fiscal year of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
.On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed.
SR 21. By Senator Millican of the 52nd: A Resolution-Proposing to the qualified voters of Georgia an amendment to article 6, section 3, paragraph 1, of the Constitution of Georgia, by adding to said paragraph the following amendment: "Provided that in the Atlanta Judicial Circuit, the terms of the judges of the Superior Court

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233

whose terms commence after the adoption of this amendment shall be six years."

Section 1. Be it resolved by the General Assembly of Georgia that article 6, section 3, paragraph 1, of the Constitution of Georgia be amended by adding to said paragraph the following amendment: "Provided that in the Atlanta judicial Circuit, the terms of the judges of the Superior Court whose terms commence after the adoption of this amendment shall be six years."

Section 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it. shall be entered upon the Journal of each House, with the ~yeas" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general 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 article 6, section 3, paragraph 1, of the constitution providing for change in length of terms from four to six years for the judges of the Superior Court of the Atlanta Judicial Circuit whose terms commence after the adoption of this amendment." 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 6, section 3, paragraph 1, of the constitution providing for change in length of terms from four to six years for the judges of the Superior Court of the Atlanta Judicial Circuit whose terms commence after adoption of this amendment." If the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification of said amendment, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, then the said amendment shall become a part of article 6, section 3, paragraph 1 of the Constitution of Georgia, and the Governor shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratified.

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:

Ansley Arnall Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett

Brock Byrd Clements Cooper Dantzler Dean Ennis

Estes Eubank Forrester Foster Fowler Griner Harrison

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Ingram Jones Kaigler Kennedy Kennon Kimbrough Lester

Lovett Martin Millican Moore Newton Oden Peterson

Pittman Pope Raynor Shannon Simmons Terrell Whitworth of 30th

Those voting in the negative were:

Hall

Stark

Whitworth of 38th

Not voting were Senators Arnold, Hampton, Hollis, Preston, Thigpen, and Williams.

By unanimous consent the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 42, nays 3.

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

Senator Lester of the 18th asked unanimous consent that the following bill be withdrawn from the Committee on State of Republic, read the second time and recommitted:
HB 124. By Messrs. McCracken of Jefferson and others:
A bill to abolish the department of revenue and create a department of finance and taxation; and for other purposes.
The consent was granted.

Senator Fowler of the 29th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

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235

Senate Chamber, Atlanta, Georgia. Thursday, February 4, 1943.
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 Whitworth of the 30th 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. la. First reading and reference of Senate and House bills. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. 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: SB 101. By Senator Whitworth of the 38th:
A bill to amend the law relative to the revision of jury lists; to provide any person may petition the jury commissioners to place his name in the jury box; and for other purposes. Referred to Committee on General Judiciary No. 1.

SB 102. By Senator Whitworth of the 38th:
A bill to require wardens and other officials in charge of convict camps to provide religious services on the Sabbath; and for other purposes. Referred to Committee on Penitentiaries.

SB 103. By Senator Moore of the 32nd:

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JOURNAL OF THE SENATE,

. A bill to amend the several acts relating to the board of commissioners of roads and revenues of Lumpkin county by repealing the amendments providin~ for two additional members; and for other purposes.
Referred to Committee on: Counties and County Matters.

SB 104. By Senator Stark of the 33rd:

A bill to provide for payment of the official court reporter in the Piedmont

judicial circuit; and for other purposes.

.

Referred to Committee on Special Judiciary.

SB 105. By Senator Harrison of the 17th:
A bill to provide a certified shorthand reporters law; to provide a board of examiners and certificates; and for other purposes.
Referred to Committee on Public Welfare.

SB 106. By Senators Preston of the 27th, and Griner of the 45th:
A bill to amend section 42-511 of the code of 1933 relating to the sale of evaporated, condensed or concentrated milk so as to allow the adding of cottonseed, soybean or peanut oil; and for other purposes.
Referred to Committee on Agriculture.

SB 107. By Senators Estes of the 35th, and Arnold of the 26th:
A bill to raise the salaries of examiners and clerks of the state banking department; and for other purposes.
Referred to Committee on Banks and Banking.

SB 108. By Senators Arnold of the 26th, and Estes of the 35th:
A bill to amend section 85-1803 of the code of 1933 to provide that a notation on the page of the books of account of the assignor of an account receivable that the account is assigned is notice to all except the debtor of the assignment; and for other purposes.
Referred to Committee on State of Republic.
Mr. Terrell of the 19th 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:

THURSDAY, FEBRUARY 4, 1943

237

,SB 33. Do Pass as amended SB 64. Do Pass SB 48. Do Not Pass
'.'i'I:S 32. Do Pass
HB 31. Do Pass as amended HB 33. Do Pass as amended HB 21. Do Pass
Respectfully submitted, Terrell, of 19th district, Chairman.

Mr. Stark of the 33rd District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. president:
.: f
Your Committee on General Judiciary No. 2, have had under consideration thr following hill of the House and have instructed me as Chairman, to report the samr hack to the Senate with the following recommendations:

HB 52. Do Pass

Respectfully submitted,

W. W. Stark:, of 33rd district,

Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. Pr-esident:
Your Committee on Amendments to Constitution have had under consideration the following resolutions of the Senate and have instructed me as Chairman, to report the same hack to the Senate with the following recommendations:

SR 32. Do Pass.

SR 37. Do Pass.

S,R 42. Do Pass.
, .. -

Respectfully submitted, Pope of the 7th district,

Chairman.

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JOURNAL OF THE SENATE,

Mr. Griner of the 45th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. President: Your Committee on Motor Vehicles have had under consideration the following
bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 92. Do Pass.
Respectfully submitted,
Griner of 45th district,
Chairman.
Mr. Bloodworth of the 22nd 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:
HB 45. Do Pass. Respectfully submitted,
Luther Bloodworth of 22nd district,
Chairman.

Mr. Kennon of the 6th 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 Sena~e with the following recommendations:
HB 67. Do Pass.
Respectfully submitted,
J. H. Kennon of the 6th district,
Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Fiqance submitted the following report:

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239

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

HB 58. Do Pass. SB 62. Do Pass.

SB 70. Do Pass.

Respectfully submitted, Simmons of 8th district, Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters have had under considera-
tion the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 18. Do Pass. HB 61. Do Pass. HB 92. Do Pass. HB 126. Do Pass. HB 38. Do Pass. HB 199. Do Pass. HB 134. Do Pass. HB 192. Do Pass. HB 131. Do Pass. HB 130. Do Pass. HB 193. Do Pass. SB. 99. Do Pass. HB 84. Do Pass.
Respectfully submitted, G. H. Moore of 32nd district,

Chairman.

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JOURNAL OF THE SENATE,

The following message was received from the House through Mr. McCutchen, the Clerk: thereof:
'~H o' ' I
Mr. Ptesident: The House has passed by the requisite constitutional majority the following
resolution of the Senate to wit:
SR 22. By Senator Dean of the 34th:
A resolution authorizing county commissioners of Rockdale county to pay premiums on surety bonds of county officials; and for other purposes.
The House has adopted the report of the Conference Committee on the following bill of the Senate to wit:
SB 17. By Senators Millican of the 52nd, Atkinson of the 1st and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following r~solutions of the Senate to wit:
SR 12. By Senators Pittman of the 42nd, Atkinson of the 1st, and other's:
A resolution proposing an amendment to paragraph XII of section 1 of article V of the constitution, which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence; to provide for a state board of pardons and paroles; and for other purposes.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 33. By Senator Pittman of the 42nd:
A bill to amend an act so that all justices of the peace and notaries public, ex-officio justices may require a deposit of $2.45 in all civil cases; and for other purposes.
SB 62. By Senator Millican of the 52nd:
A bill to authorize and make lawful the investment of funds of municipalities, counties and school districts in war bonds and other valid obligations of the United States; and for other purposes.
SB 64. By Senators Kennedy of the 2nd, and Thigpen of the 49th:
A bill to provide that no person shall recover in the courts of this state any

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241

damages, compensation, remuneration or relief for or on account of personal injury or property damage inflicted upon such person while riding as a non-paying invited guest in an automobile; and for other purposes.
SB 70. By Senator Millican of the 52nd:
A bill to/amend an act entitled "Motor fuel tax law" so as to provide that the levy of motor fuel taxes under said act be considered in fact a levy on the consumers of motor fuels; and for other purposes.
SB 99. By Senator Bacon of the 28th:
A bill to amend an act to create a board of commissiOners of roads and revenues in and for the County of Morgan; to fix the salary of the clerk at $65 per month; and for other purposes.
SR 32. By Senators Lovett of the 16th and others:
A resolution proposing that paragraph 3 of section 4 of article 3, of the constitution be amended to provide that the General Assembly shall meet on the second Monday in January, 1945, and biennially thereafter; and for other purposes.
SR 37. By Senators Pittman of the 42nd and Lester of the 18th:
A resolutions proposing an amendment of article 111, section IV, paragraph VII of the constitution fixing the eligibility of members of the General Assembly to be elected or appointed to any state office; and for other purposes.
SR 42. By Senators Ennis of the 20th, Lester of the 18th, Oden of the 46th, and Millican of the 52nd:
A resolution to propose an amendment of article V of the constitution to provide for a board of directors of eleemosynary institutions; to provide membership appointment, qualification, term of office, tenure, filling of vacancies, eligibility for membership, powers and duties of the board of directors of eleemosynary institutions; and for other purposes.
HB 18. By Messrs. Copeland, Smith and Elliott of Muscogee:
A bill to change and fix the salaries of the judge and solicitor of the city court of Columbus, and provide payment of same; to prohibit the judge of said city court from engaging in the private practice of law; and for other purposes.
HB 21. By Mr. Thigpen of Glascock:
A bill to amend section 81-1102 of the official code of 1933 ; by adding thereto the following language; "Provided, however, the provision of this section

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JOURNAL OF THE SENATE,

shall not apply when there is an official stenographer or reporter of the court in attendance thereon"; and for other purposes.
HB 31. By Mr. Weaver of Bibb:
A bill to provide how guardians, administrators, trustees, and other fiduciaries may sell stocks or bonds which are listed on stock exchange; and for other purposes.
HB 32. A bill to amend an act 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.
HB 33. By Mr. Weaver of Bibb:
A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes and other evidence of indebtedness; and for other purposes.
HB 38. By Mr. Sharpe of Toombs:
A bill providing for four terms of the superior court of Toombs county; and for other purposes.
HB 45. By Mr. Sharpe of Toombs:
A bill prohibiting hunting or killing of deer in Toombs county; and for other purposes.
HB 52. By Mr. Thigpen of Glascock:
A bill to amend an act to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of official duties by them; and for other purposes.
HB 58. By Mr. Strickland of Haralson:
A bill to fix the compensation of the state superintendent of schools in his capacity as executive secretary of the state board of education and the administrative officer of the state department of education; and for other purposes.
HB 61. By Messrs. Smith and Durden of Dougherty:
A bill to require all candidates for the General Assembly in Dougherty county to designate and name their incumbent opponents; and for other purposes.
HB 67. By :Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb:

THURSDAY, FEBRUARY 4, 1943

243

A bill to fix the salary of the deputy insurance commissioner of the state; and for other purposes.
HB .84. By Messrs. Mabry and Jennings of Sumter:
A bill to repeal an act to require candidates in primary elections for mem hers of the General Assembly in Sumter county, to specify the particular in cumbent which they desire to oppose or succeed; and for other purposes.
HB 92. By Mr. Mcintosh of Mcintosh, and others:
A bill to amend an act to establish the city court of Darien, to provide fot the election of a judge and solicitor by the voters; and for other purposes.
HB 126. By Mr. Dukes of Bryan:
A bill to amend an act creating the city court of Pembroke, so as to provide for the terms of said court, the fees of the solicitor; and for other purposes.
HB 130. By Mr. Gowen and Mr. Gilbert of Glynn:
A bill to amend an act amending an act to establish the city court of Brunswick so as to change the salaries of the judge, solicitor, sheriff and clerk of said court; and for other purposes.
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to amend the act to create a board of commissioners of roads and revenue for Glynn county, to provide that no funds shall be withdrawn from the reserve fund of the county until advertised for 10 days in the official organ; and for other purposes.
HB 134. By Mr. Looper of Dawson:
A bill to abolish the office of tax receiver and tax collector of Dawson county, and to create the office of tax commissioner; and for other purposes.
HB 192. By Mr. Looper of Dawson:
A bill to create a commissioner of roads and revenues for Dawson county: to provide for the election of the same; to define his powers and duties; to fix his compensation; and for other purposes.
HB 193. By Mr. Moore of Taliaferro:
A bill to amend an act amending an act to create a board of commissioners of roads, public buildings and public property and finances, for the counties of Warren and Taliaferro, so as to authorize said board to employ a clerk by providing that the ordinary may be said clerk; and for other purposes.

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JOURNAL OF THE SENATE,

HB 199. By Mr. Nicholson of Oconee:
A bill to consolidate the offices and duties of tax collector and tax receiver of Oconee county; to create the office of tax commissioner; and for other purposes.
The following privileged resolutions were read and adopted:
By Senators Dean of the 34th, Millicaq of the 52nd and Ansley of the lOth:
Whereas, the charming wife of the distinguished senator of the 39th and their you11;~ son are visitors in the Senate, and
Whereas, the young son was officially designated as mascot of the Senate during the 1937 session, at the time he was born
Therefore be it resolved, that the privileges of the floor be extended to Mrs. Fowler during her stay; and
Be it further resolved that James Raymond Fowler be made assistant messenger of the Senate for the day.
By. Senator Terrell of the 19th:
Whereas, Hon. C. L. Pilcher, former representative of Warren county, is in the city. Therefore be it resolved, that he be extended the privileges of the floor.
The following bills of the Senate and House were read the third time and put t.pon their passage:
SB 42; By Senator Martin of the 13th:
A bill to amend the charter of the City of Oglethorpe; to prescribe by ordinance the manner in which voters may register; and for other purposes.
Senator Martin of the 13th offered the following substitute:
A BIL~To be entitled an act to amend an act approved November 28, 1900 (Ga. ' laws 1900, pages 394-402) as amended by that act approved August 22, 1907, relating to the charter of the Town of Oglethorpe and by amendment changed to the City of Oglethorpe by striking from said act of November 28, 1900, section 5 thereof, relating to the registration and qualification of voters in the City of Oglethorpe, and substituting a new section 5 providing that the mayor and council of Oglethorpe shall by ordinance provide the qualifications for voters in said City of Oglethorpe and the manner in which they may register and vote, and for other purposes.
BElT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That section 5 of an act approved November 28, 1900 (Ga. laws 1900,' pa(tes 394-402) be stricken from said act and a new section 5 is hereby enacted as fotltJWs:

THURSDAY, FEBRUARY 4, 1943

245

"Section V. Be it further enacted by the authority aforesaid, That the clerk of said town shall be ex officio registrar of said town, and shall open his booksof registration thirty days before each regular or special election for the registration of the qualified voters of said town, which book or books shall be kept open from 9 o'clock
a. m. till 5 o'clock p. m. each and every day except Sundays and legal holidays, until
five days before the election, when said book or books shall be fairly and absolutely closed. The mayor and council of said City of Oglethorpe shall provide by ordinance or ordinances the qualifications to be required of voters in voting in any municipal election of said city and the manner in which said voters may register and vote."
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act, be and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, wu agreed to by substitute.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed by sub-
stitut~.
HB 22. By Mr. Thigpen of Glascock:
A bill to amend chapter 9-5 entitled "Disbarment proceedings" of the 1933 code by fixing the time of instituting the proceedings; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was taken up for the purpose of considering a House substitute thereto:
SR 28. By Senator Raynor of the 4th:
A resolution authorizing and directing the Governor to deed to Charlton county a certain tract of land in Charlton county deeded to the state for park purposes; and for other purpses.
The House offered the following substitute:
A RESOLUTION-Whereas, on the 6th day of October, 1938, the property hereinafter described was deeded, without cost or expense, to the State of Georgia to be used for park purposes, said property being described as follows:
"That tract or parcel of land situate, lying and being in the 32nd district G. M.

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JOURNAL OF THE SENATE,

of Charlton county, Georgia, containing three-hundred twenty-six and five-tenths (326.5) acres, more or less, of Headright Land, and particularly described as follows: "Beginning at a point on Eastern edge of State Route No. 23, at Spanish Creek, thence 1unning North 38 degrees and 10 minutes E. along Route No. 23 a distance of 500.0 feet to angle in road; thence N. 37 degrees, 11 minutes E. along Route 23 a distance of 3080.6 feet to 1" pipe property corner; thence S. 31 degrees-24 minutes E. a distance of 1589.0 feet to 1" pipe property corner in Old Traders' Hill Road; thence S. 41 degrees, E. a distance of 3135.0 feet to 1" pipe property corner on old tram road bed; thence southwesterly along old tram road bed a distance of 2568 feet to run of Spanish Creek; thence upstream in a northwesterly direction along center of channel of Spanish Creek to a point of beginning, the said tract of land being bounded as follows: North by lands of Berry Cason and by lands of Sol. P. Mills and M. G. White, east by old "Yaryan Tram-Road Bed", the adjoining landowners being Sol. P. Mills and M. G. White, on the south by run of Spanish Creek, the adjoining land-owner being Georgia-Florida Investment Co., and other lands of J. W. Buchanan estate, and on the west by State Route No. 23, the adjoining landowner being other lands of the J. W. Buchanan estate;
Also, that tract or parcel of land situate, lying and being in the 1142nd district G. M. of Charlton County, Georgia, and lying south of and adjacent to the above described tract, and particularly described as; "Beginning at a point on eastern edge of State Route No. 23 and run of Spanish Creek and running S. 38 degrees and 10 minutes W. a distance of 78.9 feet to angle in road, thence South 26 degrees, 11 minutes E. along said Route No. 23 a distance of 3100.0 feet to a ~" pipe property corner; thence S. 88 degrees, 29 minutes E. a distance of 2143.3 feet to 1~" pipe property corner; thence N. 32 degrees, 46 minutes E. a distance of 739.5 feet to a stake corner; thence N. 25 degrees, 3 minutes east a distance of 625.5 feet to a stake corner on banks of Spanish Creek; thence upstream and in a northwesterly direction along center of channel of Spanish Creek to point of beginning," said described tract of land being bounded as follows: North by other lands of the J. W. Buchanan estate, Spanish Creek being the line as well as the dividing militia districts line; south by lands of J. V. Gowen, Sr., east by lands of Georgia-Florida Investment Co., and west by State Route No. 23, the adjoining landowner being other lands of the estate of J. W. Buchanan, deceased, said two tracts of land above described being more particularly described by plats of same made by J. Dean Gowen, surveyor, same being attached to the <ieed from C. S. Buchanan, executor, etc. to the State of Georgia as a part of said conveyance for description and all other legal purposes; the two tracts aggregating 439.9 acres as per plat attached as aforesaid." "That tract or parcel of land situate, lying and being in the 32nd district G. M. of Charlton county, Georgia, containing one hundred twenty-two ( 122.0) acres, more or less, and particularly described as follows: "Beginning at a point on "Old Trader's Hill Public Road", said point being designated by a 1" pipe, and being the southwest corner of tract of land herein conveyed and hereby described and from said point running N. 65 degrees and 21 minutes E. a distance of 314.6 feet to 1" pipe in old road; thence N. 45 degrees, 11 minutes E. a distance of 300.0 feet to a 1" pipe in old road ; thence N. 39 degrees, 37 minutes E. a distance of 988.2 feet to a 1" pipe property corner in old Trader's Hill road, and at the

THURSDAY, FEBRUARY 4, 1943

247

southwest corner of the M. G. White field fence; thence S. 70 degrees, 19 minutes E. a distance oi 2002.6 feet to a 1" pipe property corner on old tram road bed; thence S. 18 degrees, 51 minutes W. along old tram road bed a distance of 2948.3 feet to a 1" pipe corner, at end of old trestle on South side of "Wasteway Branch"; thence N. 41 degrees W. a distance of 3135.0 feet to point of beginning, said tract of land being bounded as follows: North by lands of M. G. White, east by lands of G. Guinn and lar.ds of M. G. White; on the South by lands of the J. W. Buchanan estate, and west by lands of Berry Cason and lands of John C. Allen, the old Trader's Hill road being the line, said tract containing 122.0 acres, more or less, of Headright Land as aforesaid;
Also, that tract or parcel of land situate, lying and being in the 32nd district G. M. of Charlton county, Georgia, containing three hundred eighty-eight (388) acres, more or less, of Headright land, and particularly described as follows:
"Beginning at a point on old tram road at southern edge of Waste-Way branch, drsignated by a 1" pipe and the northwest corner of tract being described and con-
veyed, thence runningS. 53 degrees and 58 minutes E. a distance of 1554.4 feet to a I"
pipe corner; thence S. 73 degrees E. a distance of 1949.3 feet to a I" pipe corner at western edge of A. C. L. Railway right-of-way fence line; thence southerly along A. C. L. Ry. fence line a distance of 3778.5 feet to the St. Mary's River; thence upstream and along mean low tide water line of St. Mary's River to mouth of Spanish Crrek; thence along center of channel and upstream of Spanish Creek to Old Tram Road trestle, thence northeasterly along old tram road bed a distance of 2568.0 feet to a 1" pipe corner and point of begining, said tract of land being bounded as follows:
North by lands of M. G. White, east by the A. C. L. Ry. right-of-way, south by St. Mary's River, and West by run of Spanish Creek and old tram road, the adjoining landowner being Georgia-Florida Investment Co. and lands of the J. W. Buchanan estate; said above two described tracts of land containing in the aggregate 510 acres, more or less, and are more particularly described by plats of same made by J. Dean Gowen, surveyor, same being attached to this conveyance and made a part thereof for description and all other legal purposes.
"That tract or parcel of land situate, lying and being in the 1142nd district G. M. of Charlton county, Georgia, containing sixty-seven and five-tenths (67.5) acres, more or less, of Headright land, and particularly described as follows: "Beginning on the St. Mary's River at the mouth of Spanish Creek, and from this point running upstream of said St. Mary's River a distance of 650 feet airline distance from center of Spanish Creek channel to a 1" pipe property corner on northern banks of the St. Mary's River; thence S. 72 degrees and 39 minutes W. a distance of 80.0 feet to a 1" pipe corner; thence N. 17 degrees, 21 minutes W. a distance of 2894.0 feet to a 1" pipe corner at eastern edge of old tram road trestle; thence N. 88 degrees, 29 minutes W. a distance of 2331.0 feet to a 1}i" pipe property corner on an Oak Hill; thence N. 32 degrees, 46 minutes E. a distance of 739.5 feet to a stake corner; thence N. 25 degrees, 3 minutes E. a distance of 625.5 feet to a stake corner on western banks of Spanish Creek; thence down stream and along center of channel of Spanish Creek to the St. Mary's River and to point of beginning, it being recited that mean

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JOURNAL OF THE SENATE,

low tidewater line of the St. Mary's River being the actual property line, said tract of land being bounded as follows: North and east by lands of the estate ofJ. W. Buchanan, lands of M. G. White and Sol. P. Mills, Spanish Creek being the line, south by the St. Mary's River, and west by other lands of Georgia-Florida Investment Co. and lands of the estate of J. W. Buchanan", said described tract of land being more particularly described by a plat of same made by J. Dean Gowen, surveyor, same being attached to this conveyance and made a part thereof for description and all ~ther legal purposes, and
Whereas, Prior to said deed Charlton county purchased said property from the then owners, paid for the same, and caused said property to be deeded by the then owners to the State of Georgia for said park purposes; and
Whereas, the State of Georgia has failed to develop said property or use the
same for park purposes, for which said lands were acquired, or for any other public purposes; and
Whereas, Charlton county, having paid the purchase money for said lands, desires to become vested with the title thereto; now therefore
Be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized and directed to execute a deed conveying said property to Charlton county immediately upon the passage and approval of this resolution.
Be it further ressolved that immediately upon the execution and delivery of such deed the title to the lands described herein shall vest in Charlton county.

Senr.tor Raynor of the 4th moved that the Senate concur in the House substitute.

On the motion to concur, the ayes were 31, nays 0, and the substitute was adopted.

The following bill of the Senate was taken up for the purpose of considering the report of a conference committee:

SB 17. By Senators Millican of the 52nd, Atkinson of the 1st, Pope of the 7th, Harrison of the 17th, Terrell of the 19th, Forester of the 44th, Kennedy of the 2nd, and Bacon of the 28th.

A bill to authorize the establishment of a merit system of personnel adminis-

tration to include the employees of the state departments of labor, public

welfare, or health or any of them; to authorize the establishment of a merit

system council; and for other purposes.

.

The conference committee on SB 17 submitted the following report:

THURSDAY, FEBRUARY 4, 1943

249

Mr." President:
Mr. Speaker: You~ Committee on Conference on SB 17 beg to submit the following report:
That the House and Senate both recede from their position on section 1 and in lieu thereof the following be adopted as section 1 (a):
"That there is authorized to be created and established a merit system of personnel administration covering the employes of the state and county departments of health, the state and county departments of public welfare (other than employees of -eleemosynary institutions, and county welfare board members) and/or the bureau of unemployment compensation of the state department of labor."
That the Senate recede from its position and adopt House amendment to section 3.
That the Senate recede from its position and adopt House amendment to subsection (d) of section 2.
On the part of the Senate: Ennis of the 20th, Terrell of the 19th, and Millican <lf the 52nd.
On the part of the House: Durden of Dougherty, Dave of Dooly, and Moore of Baldwin.
Senator Millican of the 52nd moved that the conference committee report on SB 17 be adopted.
On the motion to adopt, the ayes were 36, nays 0, and the report was adopted.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st and others:
A bill to amend section 18 of an act relating to abolition of board of control and transfer of its functions to the state board of education; and for other . purposes.
The House Committee on State of Republic offered the following amendment:
The Committee on the State of Republic of the House of Representatives of Georgia moves to amend SB 15, by inserting the words, "and to provide for the continued administration of that trust fund of the Georgia Academy for the Blind known as the Pupils' Trust Fund for the purposes for which it was created, to provide for the use of funds of said institutions, to make provision for the representation of trust funds' and donation appertaining to said institutions," immediately before the words, "and for other purposes" where the same appear in the caption of said bill; and by

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JOURNAL OF THE SENATE,

adding new sections following section one of said bill; said sections being as follows:
"Section 18a. No statute nor regulation as to uniformity of curricula, course of study, text books, period of operation, qualifications or compensation of teachers, nor any other statute or regulation, applicable to other schools, shall apply to the schools herein referred to, as it is declared to be the public policy of this state that on account of the special requirements of care, training, and education, of the blind and of the deaf they shall have that care, training, and education, specially adapted to their needs, and the state board of education is authorized to act accordingly.
"Section ISh. The trust fund appertaining to the Georgia Academy for the Blind known as the "Pupils' Trust Fund" and which had its origin in a private subscription made by members of the General Assembly of Georgia prior to the War between the States shall be, and is hereby transferred to the state board of education, which shall administer the income from said fund for the benefit of the pupils of the Georgia Academy for the Blind, said state board of education holding and administering said funds as trustees until such time as the General Assembly shall appoint some other agency to operate said academy for the blind, and shall appoint some other agency to act as trustees for such fund.
Section 18c. When moneys or properties are appropriated by the Legislature, or received from any other source by the state board of education for the use and benefit of the Georgia Academy for the Blind or the Georgia School for the Deaf, the said board, unless otherwise directed by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated.
"Section 18d. Any trust fund or property, real, personal, or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit, or behoof of any such institution, shall not lapse by virtue of any of the provisions of this chapter, but the same shall rt'main valid and of full force and effect, and such beneficial interest under any such deed or gift or will or other conveyance shall vest in said state board of education as trustee to and for the use, benefit, and behoof of the institution intended to be benefitted by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no truste shall in any contingency exist, said state board of education shall become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance."
Senator Atkinson of the 1st moved that the Senate concur in the House amendment to SB 15.
On the motion to concur, the ayes were 35, nays 0, and the amendment was concurred in.
Senator Atkinson of the 1st asked unanimous consent that when the Senate ad-

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251

journ today, it stand adjourned until 10 o'clock Monday morning, and the consent \vas granted.
The following bill of the Senate was read the third time and taken up for considrration:
SB 54. By Senator Arnold of the 26th:
A bill to cede and convey to the City of Griffin, the fee simple title to the land known as Camp Northern, which was donated to the state in 1893; and for other purposes.
Senator Millican of the 52nd moved that the president appoint a committee of three to inspect property referred to in this bill and report back to the Senate and further action on this bill be postponed until February 10, 1943, and the motion prevailed.
The president appointed as a special committee under the motion of Senator Millican:
Senators Millican of the 52nd, Raynor of the 4th, Arnall of the 36th.
The following bill of the Senate was taken up for consideration:
SB 85. By Senator Millican of the 52nd:
A bill to amend the uniform narcotic drug act to provide for the sale of narcotic drugs to the master of a ship or any aircraft upon which no physician is
regularly employed and for the sale to certain others under supervision of a
commissioned officer of the United States public health service; and for other purposes.
Senator Millican of the 52nd moved that further consideration of SB 85 to be postponed until February 9, 1943, and the motion prevailed.
The following resolutions were read the third time and put upon their adoption:
HR 30. By Mr. Easler of Crawford:
A resolution resolving that the House of Representatives and the Senate of the United States in Congress assembled are hereby urged to adopt the plan with reference to the imposition and collection of federal income taxes as presented by the Honorable Walter F. George of the State of Georgia and known as "The George Plan"; and for other purposes.
Senator Millican of the 52nd moved that the resolution be indefinitely postponed and the motion prevailed.
SR 33. By Senator Griner of the 45th:

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A resolution to authorize the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips for motor vehicle license tag instead of the two metal number plates as required by law; 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution of the Senate was taken up for the consideration of an amendment offered by the House:
SR 12. By Senators Pittman of the 42nd, Atkinson of the 1st, and Ennis of the 20th:
A resolution proposing an amendment to paragraph XII of section 1 of article V of the constitution, which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to suspend sentences to provide for a state board of pardons and paroles; and for other purposes.
The House offered the following amendment:
By Messrs. Goldberg and Hurst of Coweta:
Amend section 1 by striking the words: "And in all case of capital punishment a unanimous vote shall be required for action; in all other cases a majority shall decide the action of the board" which words appear in said section 1 on page 3, lines 2, 3 and 4 of the printed copy of the resolution, and substitute in lieu thereof the following words: "And in all cases a majority shall decide the action of the board."
Senator Atkinson of the 1st moved that the Senate concur in the House amendment to SR 12.
On the motion to concur, the ayes were 36, nays 1, and the amendment was concurred in.
The following bill of the Senate was taken up for the purpose of considering the report of a conference committee:
SB 5. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Arnall of the 36th, Kennedy of the 2nd, and Bacon of the 28th.
A bill to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state

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253

board of pardons and paroles; to provide that power to grant reprieves, pardons, paroles, commute penalties; and for other purposes.
The conference committee report was as follows:
Mr. President:
Mr. Speaker:
Your committee of conference appointed to consider the difference between the Senate and the House on SB 5, beg leave to submit the following report:
Your committee recommends that the Senate recede from its position as to the aiJlfndments by the House, and that all amendments of the House be adopted.
On the part of the Senate: Lester of the 18th, Pittman of the 42nd, and Simmons of the 8th.
On the part of the House: McCracken of Jefferson, Welsch of Cobb, and Foster of Paulding.
The committee of conference on SB 5, recommended that the Senate adopt the following amendments of the House:
The Committee of the House of the State of Republic moves to amend SB 5, by striking the last sentence in section 10, and inserting in lieu thereof the following language, to wit: No member of the present Prison and Parole Board shall be eligible to be appointed a member of said Board of Pardons and Paroles, qr to any subordinate position under such board, until two years after the term of office of such member of the present Prison and Parole Board shall have expired.
By Messrs. Goldberg and Hurst of Coweta and Pannel of Murray:
Amend section 11 by adding thereto at the end of said section 11 the following: "Provided, however that the board by an affirmative vote of two of its members shall have the power to commute a sentence of death to one of life imprisonment.''
By Messrs. Mitchell of Monroe and Harris of Richmond:
Moves to amend section 15 of SB 5, by striking from the end of said section the following language to wit:
"And if so returned, it shall be without benefit of computing the time served on parole as a part of such persons' sentence.''
By Messrs. Mitchell of Monroe and Harris of Richmond:
Moves to amend section 17, line 8 by striking from said section 17, line 8, the word "without" and inserting in lieu thereof the word "with".
By Messrs. Pannell of Murray, Goldberg and Hurst of Coweta:
Move to amend SB 5, section 13-By adding at the end of line three after the

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word "necessary" the words, "provided two members of said board may commute a death sentence to life imprisonment."
By Messrs. Kelly of Thomas and Smith of Carroll:
Move to amend SB 5, by striking ~fter the word "record" in the 6th line of section 13 down and including the word "prison" in the 8th line and adding in lieu thereof the following: "good conduct and efficient performance of duties by a prisoner shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole."

By Messrs. Guyon of Effingham, Durden of Dougherty:
Move to amend SB 5, by adding another section appropriately numbered .and
reading as follows: "The granting of reprieves and pardons, under the conditions of
this act shall be subject to approval by the Governor until such time as article 5, sec-
tion 1, paragraph 12 taking this authority from the Governor, shall have been ratified."

Senator Lester of the 18th moved that the Senate adopt the conference committee
teport on SB 5.

On the adoption of the report, the ayes were 36, nays 3, and the report was adopted.

Mr. Boyett of the ll th district, chairman of the Committee on Enrollment submitted the following report:

Mr. Presid-:nt:
Your Committee on Enrollment have read and examined the following bills and/or 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 Governor:

SR 28.

SR 12.
SB 5.

SB 17.

Respectfully submitted, R. L. Boyett of 11th district,

Chairman.

Mr. Hollis of the 24th district, chairman of the Committee on Engrossing submitted the following report:

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255

Mr. President: Your Committee on Engrossing have read and examined the following bills
and/or 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:
SB 26. SB 27. SB 28. SR 21. SR 41.
Respectfully submitted,
M. R. Hollis of 24th district,
Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:
SB 15.
SB 36.
Respectfully submitted,
R. L. Boyett of 11th district,
Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:
SR 30. SR 22.
Respectfully submitted, R. L. Boyett of 11th district, Chairman.

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JOURNAL OF THE SENATE,

Senator Bloodworth of the 23rd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock Monday mornin g.

MONDAY, FEBRUARY 8, 1943

257

Senate Chamber, Atlanta, Georgia.
Monday, February 8, 1943.
The Senate met pursuant to adjournment at 10 o'clock: this morning and was called to order by the president.
Prayer was offered by Reverend Frank: Moorehead, pastor of the First Methodist Church, Dahlonega, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Whitworth of the 30th reported that the journal of Thursday'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 Atkinson of the 1st ask:ed unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. la. First reading and reference of Senate and House bills.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. Consideration of local uncontested bills and resolutions.
5. 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:
SB 109. By Senator Eubank: of the 29th:
A bill to provide for the payment of costs in criminal cases to sheriffs, clerks of superior courts, solicitors general and justices of the peace in counties on a fee system; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 110. By Senator Dean of the 34th:
A bill to provide for the suspension upon petition of parties at interest of any trustee, administrator, executor, or guardian who enters the war service, and for appointment of a successor; and for other purposes.
Referred to Committee on General Judiciary No. I.

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SB 111. By Senator Bloodworth of the 23rd:
A bill to provide for the holding of two terms of superior court for Houston county and fix the dates; and for other purposes.
Referred to Committe on Counties and County Matters.

SB 112. By Senators Forester of the 44th and Kennedy of the 2nd: A bill to amend section 13-2018 of the code of 1933 by adding section 132018A, to provide no bank shall collect any service charge for any deposit account; and for other purposes. Referred to Committee on Banks and Banking.
SB 113. By Senator Shannon of the 21st: A bill to amend the highway mileage act to add a road in Twiggs, Bleck:ley and Bibb counties to the highway system; and for other purposes. Referred to Committee on Highways and Public Roads.
SB 114. By Senator Shannon of the 21st: A bill to add a road in the counties of Twiggs and Wilkinson to the highway system of Georgia ; and for other purposes. Referred to Committee on Highways and Public Roads.

SB 115. By Senator Estes of the 35th:
A bill to amend subsection 1 of section 67-2001 of the code of 1933 to provide a lien to landscape gardeners and nurserymen for materials and labor to improve and beautify real estate; and for other purposes. Referred to Committee on Special Judiciary.
The following message was received from the House through Mr. McCutchen, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 38. By Senator Lester of the 18th:
A bill to repeal section 40-206 of the code of 1933 providing for the suspension of the state treasurer or comptroller general; and for other purposes.
SR 41. By Senators Whitworth of the 30th and Boyett of the 11th:
A resolution to extend an invitation to Captain Eddie Rickenbacker to ad-

MONDAY, FEBRUARY 8, 1943

259

dress this General Assembly in joint session at such time as may suit his convemence.
The House has passed as amended, by the requisite constitutional majority the following bills of the Senate to wit:
SB 41. By Senator Millican of the 52nd:
A bill to amend an act supplementing the funds of the county board of education of all counties having a population of not less than 200,000; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 120. By Mr. Thigpen of Glascock:
A bill to amend an act creating a board of commissioners of roads and revenues of Glascock county, so as to provide that no member of said board shall be eligible to be an employee of said county or act in any capacity for said board or county, except as a member of said board and that no commissioner shall be paid any compensation, except salary as commissioner; and for other purposes.
HB 121. By Mr. Thigpen of Glascock:
A bill to create a board of commissioners of roads and revenues in and for county of Glascock; and for other purposes.
HB 170. By Mr. Reynolds of Clayton:
A bill to repeal an act known as "Clayton county zoning act"; and for other purposes.
HB 225. By Mr. Dyal of Appling:
A bill to repeal an act creating the office of tax commissioner of Appling county and abolishing the offices of tax coli~to~ and tax receiver; and for other purposes.
HB 226. By Mr. Dyal of Appling:
A bill to repeal the act creating office of commissioner of roads and revenues for county of Appling; to repeal an act creating a .board of commissioners of roads and revenues for county of Appling; and for other purposes.
HB 227. By Mr. Dyal of Appling:
A bill to create a board of commissioners .of roads and revenues for the county of Appling; and for other purposes.

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HB 234. By Mr. Bowen of Pierce:
A bill to amend an act approved March 25, 1937, creating the board of commissioners of roads and revenues in and for the County of Pierce, to provide for compensation for said commissioners, to provide for traveling expenses for said commissioners, to provide for compensation for the warden of Pierce county; and for other purposes.
HB 261. By Mr. Wells of Telfair:
A bill to amend the act creating the office of commissioner of roads and revenues of the County of Telfair relating to the salary of the clerk: of said commissioner and the manner of fixing the same; and for other purposes.
HB 248. By Mr. Reynolds of Clayton:
A bill to repeal an act to create a board of commissioners of roads and revenues for Clayton county; and for other purposes.
HB 249. By Mr. Reynolds of Clayton:
A bill to create the office of commissioner of roads and revenues for the County of Clayton; to provide for a clerk of same; and for other purposes.
HB 250. By Mr. Heard of Elbert:
A bill to amend an act to provide for a board of commiSSioners for the County of Elbert to raise the salary of the clerk to $1200 per annum; and for other purposes.
HB 255. By Mr. Heard of Elbert:
A bill to amend an act to provide a board of commissioners of roads and revenues for the County of Elbert to raise the salary of the commissioner to $2400 per annum; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th, Kennedy of the 2nd, and Harrison of the 17th:
A bill to regulate the sanitary conditions of shellfish in Georgia and to provide for inspection of oyster beds; to prohibit the taking oysters from contaminated waters; and for other purposes.
SB 78. By Senator Kimbrough of the 25th:
A bill to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.

MONDAY, FEBRUARY 8, 1943

261

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 30. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill amending the charter of the City of Union City in the County of Fulton; and for other purposes.
HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to amend section 16-101 of the code relating to "Loans to persons not members; rate of interest" by inserting therein, immediately following the words "Corporation" in the third and fourth lines thereof, the words "or partnership"; and for other purposes.
HB 81. By Mr. Park of Greene: A bill to amend section 70-202 of the code of 1933, by striking out the word "may" and substituting in its place the word "must"; to provide that the trial judge must grant new trials in certain cases; and for other purposes.
HB 87. By Mr. Woodruff of Barrow:
A bill to prohibit the sale of horse and dog meat for human consumption in the state; regulating containers and labelings; and for other purposes.
HB 88. By Messrs. Hill and Price of Clarke:
A bill to require all candidates for the General Assembly in Clarke county to name their incumbent opponents; and for other purposes.
HB 97. By Mr. Hand of Mitchell:
A bill authorizing the City of Pelham to pass zoning and planning laws; and for other purposes.
HB 9~. By Mr. Phillips of Columbia:
A bill to amend an act to create and establish a new charter for the Town of Harlem empowering the governing authorities to pass zoning and planning laws; and for other purposes.
HB99. By Mr. Hardy of Jackson:
A bill to amend an act providing a new charter for the City of Commerce, so as to change the time for closing the registration books of the City of Commerce before elections; to repeal section 45, creating a board of city registrars for the City of Commerce; and for other purposes.
HB 105. By Mr. Minchew of Atkinson:

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A bill to amend the 1916 charter of the City of Pearson so as to provide for the filling of vacancies in mayor and council and to change the salary for mayor; and for other purposes.

HB 107. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to repeal the pension act for the County of Richmond; and for other purposes.
HB 123. By Messrs. Gardner of Mitchell and Durden of Dougherty:
A bill to amend section 68-502 of the 1933 code, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of peanuts in the shell and peaches; and for other purposes.

HB 141. By Messrs. Caldwell and Ben Hill of Troup.
A bill to amend the charter of the City of LaGrange so as to extend the corporate limits of the said city; and for other purposes.

HB 143. By Mr. Boynton of Union:
A bill to amend an act to exempt certain areas in the mountain region of Georgia from the operation of a stock law or no fence law; to provide for an election; and for other purposes.

HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, Grayson of Chat-
ham, Gowen of Glynn, and others: A bill to abolish the department of natural resources, together with the subdivisions of said department known as the division of wild life, the division of mines, mining, and geology, and the division of state parks, historic sites, and monuments; and for other purposes.

HB 172. By Messrs. Price and Hill of Clarke:
A bill to authorize any and all eleemosynary or religious corporations heretofore created or hereafter chartered in Georgia, by virtue of their existence for the propagation of the gospel to exercise and carry on certain powers; and for other purposes.

HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to amend an act to provide for exemption of taxation to the owner of personal property; providing that the date for the filing of the application for exemption shall be changed from April lst to May 1st of the year in which exemption from taxation is sought; and for other purposes.

HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:

MONDAY, FEBRUARY 8, 1943

263

A bill to amend the act incorporating the City of Rome; to create a retirement fund for city employees; and for other purposes.
HB 187. By Messrs. Hicks, Littlejohn, Baker of Floyd: A bill to amend an act incorporating the City of Rome; to provide for filling vacancies in city offices by the city commission; and for other purposes.
HB 196. By Messrs. Hubert, Broome, and Turner of DeKalb: A bill to amend section 34-401 of the code of 1933 to provide that the county registrars of DeKalb county shall prepare a separate registered voters list for each voting precinct in each militia district; and for other purposes.
HB 203. By Mr. Harden of Turner: A bill to repeal an act to create a new charter for the Town of Worth in Turner county; and for other purposes.
HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to amend the charter of the City of Macon so as to provide for supplementary pensions to certain policemen and firemen of said city; and for other purposes.
HB 209. By Mr. Hogg of Marion: A bill to amend an act to create a new charter for the City of Buena Vista; to fix the salary of the mayor not to exceed $500 per annum; and for other purposes.
HB 216. By Mr. Smiley of Liberty: A bill to amend the act establishing the city court of Hinesville to fix the salary of the judge at $1500.00 per year; and for other purposes.
HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A hill to amend the charter of the City of Augusta to create a post war reserve fund for the replacement of worn out, depleted and obsolete equipment; and for other purposes.
HB 224. By Mr. Johnson of Chattahoochee:
A bill to amend the charter of the Town of Cusseta to authorize the building of a water works system; and for other purposes.
HB 228. By Mr. Littlejohn of Floyd: A bill to amend an act creating state real-estate commission to make it

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JOURNAL OF THE SENATE,

apply to counties with a population of 75,490 instead of 50,000; and for other purposes.

HB 237. By Mr. Burnside of McDuffie:
A bill to amend the charter of the Town of Thomson relative to the salary of the mayor and policemen; and for other purposes.
HB 241. By Mr. Gaston of Butts:
A bill to amend the charter of the City of Jackson to provide that the boundaries of the present cemetery may be extended in any direction; and for other purposes.

HB 246. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to amend the charter of the city council of Augusta so as to provide furloughs for all officers and employees of the city council of Augusta covered by said act, also including all regular firemen and policemen, while in the armed forces of the United States during the present war; to provide for their tenure of office; and for other purposes.
HB 257. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend the charter of the City of Marietta to authorize the city to extend sewer lines beyond the corporate limits, and to build disposal plants; and for other purposes.
HB 259. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend the charter of the City of Marietta to acquire by gift or purchase property for public streets and sidewalks; and for other purposes.
HB 260. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend the charter of the City of Marietta to create a Marietta planning commission with the right to designate zones and districts for various uses; to regulate buildings and use of property for buildings; and for other purposes.
HB 265. By Messrs. Hill and Price of Clarke:
A bill to amend the charter of the City of Athens, to provide for the filling of vacancies on the commission for the management of the sinking fund for bonded indebtedness; and for other purposes.
HB 267. By Messrs. Weaver, Barfield, and Wilson of Bibb:
A bill to amend the charter of the City of Macon so as to provide for retirement of employees of the board of water commissioners; and for other purposes.

MONDAY, FEBRUARY 8, 1943

265

HB 268. By Mr. Mitchell of Monroe:
A bill to amend the charter of the City of Forsyth to authorize the mayor and aldermen to close up and abolish any street, road, or alley; and for other purposes.
HB 271. By Messrs. Mills and Battles of Decatur:
A bill to repeal the present charter of the Town of Attapulgus, and to create a new charter for said town; and for other purposes.
HB 276. By Messrs. Durden and Smith of Dougherty:
A bill to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees now in active service in any, each, and all departments of the City of Albany, and to future employees; and for other purposes.
HB 277. By Messrs. Gowen and Gilbert of Glynn:
A bill to amend the charter of the City of Brunswick to confer certain additional powers therein named with respect to certain lots, alleys and streets upon its city commission; to provide for and authorize the pensioning of city employees; and for other purposes.
HR28. By Messrs. Dorsey and Welsch of Cobb:
A resolution to amend article 7, section 7, paragraph 1, of the constitution so as to authorize Cobb county to issue funding bonds; and for other purposes.
HR 36. By Messrs. Kendrick of Fulton, Broome of DeKalb, Durden of Dougherty and others:
A resolution to suspend one-half of the license tax on automobile and truck: dealers in used cars as levied under the general tax act; and for other purposes.
HR 37. By Messrs. Kendrick of Fulton, Broome of DeKalb, and others:
A resolution confirming suspension of one-half of a license tax levied by the state on automobile and truck dealers; said suspension being by executive order, dated the 28th day of January 1942; and for other purposes.
HR 59. By Messrs. Fortson of Wilkes and Durden of Dougherty:
A resolution that the state treasurer and/or all other state officials or employees having control of payment of wages to constitutional or statutory elective or appointive officers or employees of the state or members of General Assembly, including the president of Senate and speaker of House, be authorized to withhold, collect and pay victory tax on wages over deductions allowable; and for other purposes.

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:\Ir. Cooper of the 14th 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:

SR 40. Do pass.

Respectfully submitted, R. T. Cooper, of 14th district, Chairman.

~Ir. Lester of the 18th 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:
SB 94. Do pass.
Respectfully submitted,
Lester of 18th district,
Chairman.

Mr. Arnold of the 26th district, chairman of the Committee on Banks and Banking submitted the following report:
Mr. President:
Your Committee on Banks and Banking have had under consideration the following bill of the House and have instructed me as chairman, to report the same back 10 the Senate with the following recommendations:
H B 60 as amended. Do pass.
Respectfully submitted,
Arnold of the 26th district,
Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:

MONDAY, FEBRUARY 8, 1943

267

SB 94. By Senators Ingram of the 51st and Dean of the 34th:
A bill to amend chapter 84-801 of the code of 1933 entitled "Embalmers", by substituting a new section; creating a state board of embalming; and for other purposes.
SR 40. By Senator Lovett of the 16th:
A resolution to authorize the state librarian to furnish certain law books to the clerk of Laurens superior court; and for other purposes.
HB 60. By Mr. Key of Jasper:
A bill to amend an act amending the income tax laws by exempting dividends received on stock of banks and trust companies incorporated under the banking laws of this state or of the United States; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 30. By l\Jessrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill amending the charter of the City of Union City in the County of Fulton; and for other purposes.
Referred to Committee on Municipal Government.
HB 62. By :VIessrs. Smith and Durden of Dougherty:
A bill to amend section 16-101 of the code, relating to "Loans to persons not members; rate of interest", by inserting therein, immediately following the words "Corporation" in the third and fourth lines thereof, the words "or partnership"; and for other purposes.
Referred to Committee on Special Judiciary.
HB 81. By Mr. Park of Greene:
A bill to amend section 70-202 of the Code of Georgia of 1933, by striking out the word "may" and substituting in its place the word "must"; to provide that the trial judge must grant a new trial in certain cases; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 87. Bv Mr. Woodruff of Barrow:
A bill to prohibit the sale of horse and dog meat for human consumption in the state; regulating containers and labeling; and for other purposes.
Referred tc Committee on Drainage.

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HB 88. By Messrs. Hill and Price of Clarke:
A bill to require all candidates for the General Assembly in Clarke county to name their incumbent opponents; and for other purposes. Referred to Committee on Counties and County Matters.
HB 97. By Mr. Hand of Mitchell: A bill authorizing the City of Pelham to pass zoning and planning laws; and for other purposes. Referred to Committee on Municipal Government.
HB 98. By Mr. Phillips of Columbia:
A bill to amend the charter for the Town of Harlem, empower the governing authorities to pass zoning and planning laws; and for other purposes. Referred to Committee on Municipal Government.
HB 99. By Mr. Hardy of Jackson: A bill to amend the charter for the City of Commerce, so as to change the time for closing the registration books before elections; to repeal section 45, creating a board of city registrars; and for other purposes. Referred to Committee on Municipal Government.
HB 105. By Mr. Minchew of Atkinson:
A bill to amend the 1916 charter of the City of Pearson so as to provide for the filling of vacancies in mayor and council and to change the salary for mayor; and for other purposes. Referred to Committee on Municipal Government.
HB 107. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to repeal the pension act for the County of Richmond; and for other purposes. Referred to Committee on Counties and County Matters.
HB 120. By Mr. Thigpen of Glascock: A bill to amend an act creating a board of commissioners of roads and revenues of Glascock county, tQ prohibit commissioners from otherwise being employed by the county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 121. By Mr. Thigpen of Glascock:

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A bill to create a board of commissioners of roads and revenues in and for the County of Glascock; and for other purposes.
HB 123. By Messrs. Gardner of Mitchell and Durden of Dougherty:
A bill to amend section 68-502 of the 1933 code so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of peanuts in the shell and peaches; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 141. By Messrs. Caldwell and Hill of Troup. A bill to amend the charter of the City of LaGrange so as to extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 143. By Mr. Boynton of Union: A bill to amend an act to exempt certain areas in the mountain region of Georgia from the operation of a stock law or no fence law; to provide for an election; and for other purposes. Referred to Committee on Couuties and County Matters.
HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, Grayson of Chatham, Gowen of Glynn and others:
A bill to abolish the the department of natural resources, together with the subdivision of said department known as the division of wild life, the division of mines, mining and geology, and the division of state parks; and for other purposes. Referred to Committee on State of Republic.
HB 170. By Mr. Reynolds of Clayton:
A bill to repeal an act known as "Clayton county zoning act;" and for other purposes. Referred to Committee on Counties and County Matters.
HB 171. By Mr. Reynolds of Clayton:
A bill to repeal section 2 of an act known as "Clayton county tax commissioner clerk-bond-salary act;" and for other purposes. Referred to Committee on Counties and County Matters.
HB 172. By ;Messrs. Price and Hill of Clarke:
A bill to authorize any and all eleemosynary or religious corporations here-

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tofore created or hereafter chartered in Georgia, by virtue of their existence for the propagation of the gospel to exercise and carry on certain powers; and for other purposes.
Referred to Committee on State of Republic.
HB 174. By Dr. Deal and Mr. Brunson of Bulloch:
A bill to amend an act to provide for exemption or taxation to the owner of personal property, by providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st of the year m which exemption from taxation is sought; and for other purposes.
Referred to Committee on Finance.
HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to amend an act incorporating the City of Rome to create a retirement fund for city employees; and for other purposes. Referrtod to Committee on Municipal Government.
HB 187. By Messrs. Hicks, Littlejohn, Baker of Floyd County:
A bill to amend an act incorporating the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.
HB 196. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to amend section 34-401 of the code of 1933 to provide that the county registrars 'of DeKalb county shall prepare a separate registered voters list for each voting precinct in each militia district; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 203. By Mr. Harden of Turner:
A bill to repeal an act to create a new charter for the Town of Worth m Turner county; and for other purposes. Referred to Committee on Municipal Government.
HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to amend the charter of the City of Macon to provide supplementary pensions to policemen and firemen; and for other purposes. Referred to Committee on Municipal Government.
HB 209. By Mr. Hogg of Marion:
A bill to amend an act to create a new charter for the City of Buena ViHa,

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to fix the salary of the mayor at not exceeding $500 per annum; and for other purposes.
Referred to Committee on Municipal Government.
HB 216. By Mr. Smiley of Liberty:
A bill to amend an act to establish the city court of Hinesville; to fix tht salary of the judge at $1500 per annum; and for other purposes. Referred to Committee on Counties and County Matters.

HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to amend the charter of the City of Augusta so as to authorize the establishment of post war reserve funds and to authorize the use of such funds in the replacement of worn out, depleted and obsolete equipment and property by said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 224. By Mr. Johnson of Chattahoochee:
A bill to amend an act to amend the several acts incorporating the Town of Cusseta, in Chattahoochee county, to authorize the building of a waterworks system; and for other purposes.
Referred to Committee on Municipal Government.

HB 225. By Mr. Dyal of Appling:
A hill to repeal an act creating the office of tax comm1sswner of Appling county and abolishing the offices of tax collector and tax receiver; and for other purposes.
Referred to Committee on Counties and County Matters:

HB 226. By Mr. Dyal of Appling:
A bill to repeal an act creating office of commissioner of roads and revenues for County of Appling, and all laws amendatory thereto; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 227. By Mr. Dyal of Appling:
A bill to create a board of comm1ss1oners of roads and revenues for the County of Appling; and for other purposes.
Referred to Committee on Counties and County Matters:

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HB 228. By Mr. Littlejohn of Floyd:
A bill to amend an act to define, regulate and license real estate brokers and real estate salesmen in counties having a population of 50,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters:

HB 234. By Mr. Bowen of Pierce:
A bill to amend an act creating the board of commtsswners of roads and revenues in and for the County of Pierce; to provide compensation for the commissioners and warden; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 237. By Mr. Burnside of McDuffie: A bill to amend section 16 of the act amending the original act incorporating the Town of Thomson pertaining to the salary of the mayor; and for other purposes. Referred to Committee on Municipal Government.
HB24l.By Mr. Gaston of Butts: A bill to amend the charter of the City of Jackson to extend the boundaries of the cemetery; and for other purposes. Referred to Committee on Municipal Government.
HB 246. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to amend the charter of the city council of Augusta, so as to provide furlough for all officers and employees of the city council of Augusta now in the armed forces, including firemen and policemen; and for other purposes. Referred to Committee on Municipal Government.
HB 248. By Mr. Reynolds of Clayton: A hill to repeal an act to create a board of commissioners of roads and revenues for Clayton county; and for other purposes. Referred to Committee on Counties and County Matters.
HB 249. By Mr. Reynolds of Clayton: A bill to create the office of commissioner of roads and revenues for the County of Clayton; to provide for a clerk of same; and for other purposes. Referred to Committee on Counties and County Matters.

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HB 250. By Mr. Heard of Elbert:
A bill to amend an act to provide a board of commissioners for the County of Elbert to raise the salary of the clerk to $1200 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 255. By Mr. Heard of Elbert:
A hill to amend an act to provide a board of commissioners of roads and revenues for the County of Elbert, by raising the salary of the commissioner to $2,400.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 261. By Mr. Wells of Telfair:
A bill to amend the act creating the office of comm1ss1oner of roads and revenues of the County of Telfair relating to the salary of the clerk of said commissioner and the manner of fixing the same; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 257. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend the charter of the city of Marietta, so as to authorize the city to extend the sewer lines of said city beyond the corporate limits, to build disposal plants; and for other purposes.
Referred to Committee on Municipal Government.
HB 259. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend the charter of the City of Marietta, so as to authorize the city to acquire by purchase or gift the title to property for public streets and sidewalk purposes; and for other purposes.
Referred to Committee on Municipal Government.
HB 260. By Messrs. Dorsey and Welsch of Cobb: A bill to amend to the charter of the City fo Marietta so as to provide for a planning commission; and for other purposes. Referred to Committee on Municipal Government.
HB 265. By Messrs. Hill and Price of Clarke: A bill to amend the charter of the City of Athens so as to provide for the nomination by the commissioners of the bonded debt of the City of Athens, except the mayor and chairman of the finance committee, of one citizen to fill each vacancy that occurs in the commission and to fill the place of each commissioner whose term expires; and for other purposes.

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Referred to Committee on Municipal Government.
HB 267. By :\Iessrs. Weaver, Barfield, and Wilson of Bibb: A bill to amend the charter of the City of Macon by authorizing the retirement of employees of the board of water commissioner; and for other purposes. Referred to Committee on Municipal Government.
HB 268. By :\Jr. :Vlitchell of Monroe:
A bill to amend the various acts incorporating the City of Forsyth, so as to authorize the mayor and Aldermen to close up and abolish any street, road, or alley; and for other purposes. Referred to Committee on Municipal Government.
HB 271. By Messrs. Mills and Battles of Decatur:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Attapulgus; and for other purposes. Referred to Committee on Municipal Government.
H B 276. By l\Iessrs. Durden and Smith of Dougherty:
A hill to provide and empower the City of Albany, to furnish aid and relief and to grant pensions to all employees now in active service in any, each, and all departments of the city; and to future employees; and for other purposes. Referred to Committee on Municipal Government.
HB 277. By Messrs. Gowen and Gilbert of Glynn:
A bill to amend the charter of the City of Brunswick; to confer certain additional powers therein named with respect to certain lots, alleys and streets upon its city commission, to pension city employees; and for other purposes.
Referred to Committee on Municipal Government.
HR28. By :Messrs. Dorsey and Welsch of Cobb:
A resolution to amend article 7, section 7, paragraph 1, of the constitution so as to authorize Cobb county to issue funding bonds; and for other purposes. Referred to Committee on Amendments to the Constitution.
HR 36. By Messrs. Kendrick of Fulton, Broome of DeKalb, Durden of Dougherty and others: A resolution to suspend one-half of the license tax on automobile and truck

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275

dealers in used cars as levied under the general tax act; and for other purposes.
Referred to Committee on Finance.
HR 37. By Messrs. Kendrick of Fulton, Broome of DeKalb, and others:
A resolution confirming suspension of one-half of a license tax levied by the state on automobile and truck dealers, said suspension being by executive order, dated the 28th day of January, 1942; and for other purposes.
Referred to Committee on Finance.
HR 59. By Messrs. Fortson of Wilkes and Durden of Dougherty:
A resolution that the state treasurer and/or other state officials or employees having control of payment of wages to constitutional or statutory elective or appointive officers of General Assembly including president of Senate and speaker of House, be authorized to withhold, collect and pay the five per cent victory tax; and for other purposes.
Referred to Committee on Finance.
The folowing uncontested local bills were read the third time and placed upon their passage:
SB 99. By Senator Bacon of the 28th:
A bill to amend an act to create a board of commissioners for the County of Morgan; to raise the salary of the clerk to $65 per 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 18. By Messrs. Copland, Smith and Elliott of Muscogee:
A bill to change and fix the salaries of the judge and solicitor of the city court of Columbus, and provide payment of same; to prohibit the judge of said city court from engaging in the private practice of law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bil, the ayes were 28, nays 0.

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The bill, haVing received the requisite constitutional majority, was passed. HB 38. By Mr. Sharpe of Toombs:
A bill providing for four (4) terms of the superior court, Toombs county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 45. By Mr. Sharpe of Toombs: A bill prohibiting hunting or killing of deer in Toombs 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. HB 61. By Messrs. Smith and Durden of Dougherty: A bill to require all candidates for the General Assembly in Dougherty county to name their incumbent opponents; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 84. By Messrs. Mabry and Jennings of Sumter: A bill to repeal an act to require candidates in primary election for members of the General Assembly in Sumter county, to specify the particular incumbent which they desire to oppose or succeed; and for other purposes.
The report 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.
HB 92. By Mr. Mcintosh of Mcintosh and others: A bill to amend an act to establish the city court of Darien, to provide

MONDAY, FEBRUARY 8, 1943

-277

for the election of the judges and solicitor by the voters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 126. By Mr. Dukes of Bryan:
A bill to amend an act establishing the city court of Pembroke so as to provide for the terms of said court, the fees of the 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 130. By Mr. Gowen and Mr. Gilbert of Glynn: A bill to amend an act amending an act to establish the city court of Brunswick so as to increase the salary of the 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to further amend the act to create a board of commissioners of roads and revenue for Glynn county, by providing as a safeguard for all funds deposited in or allotted by to what is known as the reserve fund of the county that no funds shall be withdrawn until advertised for 10 days in the official organ; and for other purposes.
The report 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. HB 134. By Mr. Looper of Dawson:

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A bill to abolish the office of tax receiver and the office of tax collector of Dawson county; and to create the office of county tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \vas agreed to.
On the passage of the bill, the ayes were 37, ayes 0.
The bill, having received the requisite constitutional majority, was passed.
HB 192. By Mr. Looper of Dawson:
A bill to create a commissioner of roads and revenues for Dawson county; to provide for the selection of the same; to define his powers and duties; to fix his compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 193. By Mr. Moore of Taliaferro: A bill to amend an act amending an act to create a board of commissioners of roads, public buildings and public property and finances, for the counties of Warren and Taliaferro, so as to authorize said board to employ a clerk by providing that the ordinary may be said 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 199. By Mr. Nicholson of Oconee: A bill to consolidate the offices and duties of tax receiver and tax-collector in the county of Oconee; to create the office of county tax-commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bilL having received the requisite constitutional majority, was passed.

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279

The following bills were read the third time and placed upon their passage: SB 33. By Senator Pittman of the 42nd:
A bill to amend an act so that all justices of the peace and notaries public, exofficio justices may require a deposit of $2.45 in all civil cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 14, nays 13.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Pittman of the 42nd gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 33.
SB 62. By Senator Millican of the 52nd: A bill to authorize and make lawful the investment of funds of mumctpalities, counties, and school districts in war bonds and other valid obligations of the United States; and for other purposes.
The report of the committee, which was favorable to the passage o.f 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.
SB 64. By Senators Kennedy of the 2nd and Thigpen of the 49th: A bill to provide that no person shall recover in the courts of this state any damages, compensation, remuneration or relief for or on account of personal injury or property damage inflicted upon such person while riding as a non-paying invited guest in an automobile; and for other purposes.
The report 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 4.
The bill, having received the requisite constitutional majority, was passed.
SB 70. By Senator Millican of the 52nd: A hill to amend an act entitled "Motor fuel tax law" by amending Section 92-1403 of the Code of 1933, so as to provide that the levy of motor fuel taxes under said act be considered in fact a levy on the consumers of motor fuels; and for other purposes. '

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 71. By Senator Millican of the 52nd: A bill to amend act 373 of the acts of 1941 entitled, "An act to provide for a more efficient administration of the public welfare laws of this state"; and for other purposes.
The report of the committee, which was favorable to the passage 6 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.
SB 72. By Senator Millican of the 52nd: A bill to amend act 62 of the acts of 1937 known as the "Welfare reorganization act of 1937''; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 21. By Mr. Thigpen of Glascock: A bill to amend section 81-1102 of the official code of 1933; by adding thereto the following language: "Provided, however, the provisions of this sect~on shall not apply when there is an official stenographer or reporter of the court in attendance 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 32. By Mr. Weaver of Bibb: 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 which minor children have an interest; and for other purposes.

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281

The report of 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.
HB 33. By Mr. Weaver of Bibb: A bill to provide for the sale and transfer by guardians, administrators, executors, and other fiduciaries of notes and other evidences of indebtedness; and for other purposes.
The Committee on General Judiciary No. 1 offered the following amendment:
Amend House Bill No. 33 by adding the following after the word "hold" in the second line of section 1, the words "after maturity."
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 22, nays 7.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Bloodworth of the 22nd gave notice that at the proper time he would move that the Senate reconsider its action in defeating House Bill No. 33.
HB 31. By Mr. Weaver of Bibb: A bill to provide how guardians, administrators, trustees and other fiduciaries may sell stocks or bonds which are listed in stock exchange; and for other purposes.
The Committee on General Judiciary No. 1 offered the following amendment:
Amend House Bill No. 31 by adding the following between the words "the" and "bid" in the third line of section "stock exchange."
The amendment was adopted.
Senator Arnold of the 26th offered the following amendment:
By adding the following at the end of section 1:
Provided that such guardian, administrator, executor, trustee or other fiduciary making such a sale shall file with the court of ordinary a copy of the broker's confirmation of such sale, showing date and time of sale and proceeds of sale.

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The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill
as amended, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 85. By Senator Millican of the 52nd: A bill to amend the uniform narcotic drug act to provide for the sale of narcotic drugs to the master of a ship or any air craft upon which no physician is regularly employed; and for other purposes.
The report 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.
Mr. Hollis of the 24th 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/or 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:
SB 42 SR 33 SB 31
Respectfully submitted, M. R. Hollis, of 24th district,
Chairman.
The president recognized in the gallery the presence of the government class from Clarkston High School, DeKalb county, with Mrs. W. L. Willis, teacher.
Senator Thigpen of the 49th moved that the Senate do now adjoum and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow motning.

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283

Senate Chamber, Atlanta, Georgia.
Tuesday, February 9, 1943.
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 Whitworth of the 30th 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 1a. First reading and reference of Senate and House bills. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.
The consent was granted.
The following bills were introduced, read the first time and referred to committees:
SB 116. By Senators Lester of the 18th, Atkinson of the 1st, Simmons of the 8th, Bloodworth of the 23rd, Bloodworth of the 22nd, Raynor of the 4th, Forester of the 44th, Clements of the 9th, Foster of the 40th, and Kaigler of the 12th:
A bill to create a state highway commission of ten members and to abolish the state highway board; and for other purposes.
Referred to Committee on State of Republic.
SB 117. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Bloodworth of the 22nd, Bloodworth of the 23rd, Millican of the 52nd, Pope of the 7th, and Forester of the 44th:
A bill to abolish the present state board of public welfare and establish a state board of social securitY to consist of the director and ten additional members; and for other purposes.
Referred to Committee on State of Republic.

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JOURNAL OF THE SENATE,

SB 118. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Bloodworth of the 23rd, Millican of the 52nd, Forester of the 44th, and -Kaigler of the 12th:
A bill to provide the manner persons in the armed forces of the United States may file exemptions of homesteads from taxation; and for other purposes.
Referred to Committee on State of Republic.
SB 119. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 22nd, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of the 12th, and Kimbrough of the 25th:
A bill to provide for confirmation by the Senate of all appointees of the Governor to boards, commissions, bureaus and public offices; and for other purposes.
Referred to Committee on State of Republic.
SB 120. By Senator Millican of the 52nd:
A bill to amend the act providing pensions for the Fulton county police department as to length of service before retirement, and creating a board of trustees ; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 12l.By Senator Pope of the 7th:
A bill to authorize the operation of picture shows on Sunday within thirty miles of any army or navy camp, air bases, hospital areas or other bases; and for other purposes.
Referred to Committee on State of Republic.
SB 122. By Senators Lovett of the 16th, Shannon of the 21st, Harrison of the 17th, Bloodworth of the 22nd, Peterson of the 15th, and Jones of the 3rd: A bill to repeal the act approved January 28, 1943, fixing central standard time as the legal time in Georgia; and for other purposes.
Referred to Committee on State of Republic.
Sn 123. By Senator Forester of the 44th: A bill to pay the sheriff of Dade county a certain sum :for home defens'! duties in addition to the regular fe!!S; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 124. By Senator Raynor of the 4th:

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285

A bill to authorize payment to the sheriff of Charlton county of a sum for home guard duties in addition to his regular fees; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 125. By Senators Kaigler of the 12th and Pope of the 7th:
A bill providing where a vacancy in the office of sheriff occurs because of entrance in the armed forces the Governor shall fill the vacancy for the unexpired term, or until the former sheriff is mustered out of service; and for other purposes.
Referred to Committee on State of Republic.
SB 126. By Senators Gross of the 31st, Atkinson of the 1st, and Millican of the 52nd: A bill providing that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder in any mutual insurance company; and for other purposes.
Referred to Committee on Insurance.
SB 127. By Senator Raynor of the 4th:
A bill to make it unlawful for any theater or motion picture to sell a ticket of admission unless a seat is then available for the purchaser; and for other purposes.
Referred to Committee on General Judiciary No. l.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, towit:
HB 44. By Messrs. Weaver, Barfield, and Wilson of Bibb, and others:
A bill to provide for the maintenance, by the department of public welfare, of the negro division of the Georgia training school for girls; and for other purposes.
HB 90. By Messrs. Hill and Price of Clarke: A bill to amend the charter of the City of Athens so as to provide means for the furnishing aid, relief, pensions; and for other purposes.
HB 108. By Messrs. Thurmond of Hall, Ray of Warren and McCamy of Whitfield: A bill to fix the compensation of the director of the department of public health; and for other purposes.

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HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn, and Allison of Gwinnett: A hill to authorize and provide the effect of recording certified copies of recorded instruments; and for other purposes.
HB 262. By Messrs. Broome, Hubert, and Turner of DeKalh: A hill to amend an act to create and establish the city court of Decatur; to increase the salary of the judge and solicitor; and for other purposes.
HB 291. By Messrs. Price and Hill of Clarke: A hill to amend the charter of the City of Athens, in order to make the term of the recorder four years instead of three years; and for other purposes.
HR20. By Mr. Etheridge of Fulton: A resolution to appropriate funds for the payment to the American Coolair Corporation for goods sold the state; and for other purposes.
HR 33. By Messrs. Welsch and Dorsey of Cobb: A resolution to designate the first Sunday in June as "SHUT-INS' DAY" for the sick; and for other purposes.
HB 56. By Mr. Park of Greene: A hill to amend section 78-216 of the code of 1933 for the purpose of increasing the pensions paid to Confederate soldiers and the widows of Confederate soldiers in the state; and for other purposes.
The following hills and resolutions of the House were read the first time and referred to committees:
HB 44. By Messrs. Weaver, Barfield and Wilson of Bibb, and others: A hill to provide for the maintenance, by the department of public welfare, of the negro division of the Georgia training school for girls; and for other purposes.
Referred to Committee on Training Schools.
HB 56. By Mr. Park of Greene: A hill to amend section 78-216 of the code of 1933 for the purpose of increasing the pensions paid to Confederate soldiers and the widows of Confederate soldiers in the state; and for other purposes. Referred to Committee on Pensions.
HB 90. By Messrs. Hill and Price of Clarke:
A hill to amend the charter of the City of Athens so as to provide means

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287

for the furnishing of pensions; and for other purposes. Referred to Committee on Municipal Government.
HB 108. By Messrs. Thurmond of Hall, Ray of Warren, and McCamy of Whitfield:
A bill to fix the compensation of the director of the department of public health; and for other purposes. Referred to Committee on State of Republic.
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn, and Allison of Gwinnett :
A bill to authorize and provide the effect of recording certified copies of recorded instruments; and for other purposes. Referred to Committee on General Judiciary No. 1.

HB 252. By Messrs. Hand of Mitchell, Durden of Dougherty, Caldwell of Troup:
A bill to amend chapter 92-67 of the code of 1933 which relates to assessment of property under certain circumstances; and for other purposes. Referred to Committee on State of Republic.

HB 262. By Messrs. Broome, Hubert, and Turner of DeKalb:
A bill to amend an act to establish the city court of Decatur; to increase the salary of the judge and solicitor; and for other purposes. Referred to Committee on Municipal Government.

HB 291. By Messrs. Price and Hill of Clarke: A bill to amend the charter of the City of Athens relative to term of the recorder; and for other purposes. Referred to Committee on Municipal Government.
HR20. By Mr. Etheridge of Fulton: A resolution to appropriate funds for the payment to the American Coolair Corporation for goods sold the state; and for other purposes. Referred to Committee on Appropriations.
HR33. By Messrs Welsch and Dorsey of Cobb: A resolution to designate the first Sunday in June as "SHUT-INS' DAY" for the sick; and for other purposes. Referred to Committee on Special Judiciary.
Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President:
Your Committee on Municipal Government have had under consideration the

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following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 207. Do Pass HB 267. Do Pass HB 277. Do Pass HB 221. Do Pass HB 246. Do Pass HB 268. Do Pass HB 271. Do Pass HB 97. Do Pass HB 30. Do Pass HB 276. Do Pass HB 260. Do Pass HB 257. Do Pass HB 259. Do Pass HB 187. Do Pass HB 99. Do Pass HB 105. Do Pass
Respectfully submitted, R. R. Ingram of the 51st district, Chairman.

Mr. Kaigler of the 12th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President:
Your Committee on Special Judiciary hav~ 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:
SB 104. Do Pass
SB 91. Do Pass with substitute
Respectfully submitted,
Kaigler of the 12th district, Chairman.

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289

Mr. Ennis of the 20th District, Chairman of the Committee on State Sanitarium, submitted the following report: Mr. President:
Your Committee on State Sanitarium 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:
SB 100. Do Pass as amended
Respectfully submitted, Ennis of the 20th district, Chairman.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 252. By Messrs Hand of Mitchell, Durden of Dougherty, Caldwell of Troup:
A bill to amend chapter 92-67 of the code of 1933 which relates to assessment of property under certain circumstances; and for other purposes.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:

SB 91. By Senator Shannon of the 21st:
A bill to amend section 38-1604 of the 1933 code so as to provide that husband and wife shall be competent and compellable to give evidence in any and all criminal proceedings; and for other purposes.

SB 100. By Senators Ennis of the 20th, Oden of the 46th, Lester of the 18th, and Millican of the 52nd: A bill to create a board of directors of eleemosynary institutions; to name and designate the eleemosynary institutions; and for other purposes.
SB 104. By Senator Stark of the 33rd: A bill to amend sections 24-3103 and 24-3104 of the code of 1933, by providing additional compensation for the court reporter of the Piedmont judicial circuit; and for other purposes.
HB 30. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend the charter of the City of Union City; and for other purposes.

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HB 97. By Mr. Hand of Mitchell: A bill authorizing the City of Pelham to pass zoning and planning laws; and for other purposes.
HB 99. By Mr. Hardy of Jackson: A bill to amend an act providing a new charter for the City of Commerce, so as to change the time for closing the registration books of the city before elections; to repeal section 45, creating a board of city registrars; and for other purposes.
HB 271. By Messrs. Mills and Battles of Decatur:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Attapulgus; and for other purposes.
HB 277. By Messrs. Gowen and Gilbert of Glynn: A bill to amend the charter of the City of Brunswick, to confer certain additional powers therein named with respect to certain lots, alleys and streets upon its city commission; to amend the regulations concerning tax assessments; and for other purposes.
HB 187. By Messrs. Hicks, Littlejohn, Baker of Floyd County: A bill to amend an act incorporating the City of Rome to provide that vacancies in city offices shall be filled by the city commission; and for other purposes.
HB 257. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the charter of the City of Marietta, so as to authorize the city to extend the sewer lines beyond the corporate limits; and for other purposes.
HB 259. By Messrs. Dorsey and Weisch of Cobb: A bill to amend the charter of the City of Marietta, so as to authorize the city to acquire by purchase or gift the title to property for public streets and side walk purposes; and for other purposes.
HB 260. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the charter of the City of Marietta so as to provide for a planning commission; and for other purposes.
HB 105. By Mr. Minchew of Atkinson: A bill to amend the charter of the City of Pearson so as to provide for the filling of vacancies in office of mayor and council and to change the salary for mayor; and for other purposes.
HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to amend the charter of the City of Macon to provide for the pay-

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291

ment of supplementary pensions to policemen and firemen; and for other purposes.
HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to amend the charter of the City of Augusta to create a post-war reserve fund for the replacement of worn out, obsolete equipment; and for other purposes.
HB 246. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend the charter of the City Council of Augusta so as to provide furloughs for all officers and employees now in the armed forces; and for other purposes.
HB 276. By :Messrs. Durden and Smith of Dougherty: A bill to empower the City of Albany to furnish aid and relief and to grant pensions to all employees now in active service in any, each, and all departments of the city and to future employees; and for other purposes.
HB 267. By :Messrs. Weaver, Barfield, and Wilson of Bibb: A bill to amend the charter of the City of Macon by authorizing the board of water commissioners to provide for the retirement of employees of the board of water commissioners on account of disability or age; and for other purposes.
HB 268. By Mr. Mitchell of Monroe:
A bill to amend the charter of the City of Forsyth to authorize a mayor and alderman to close up and abolish any street, road or alley; and for other purposes.
At this time Senator Millican of the 52nd took the chair. The following privileged resolution was read and adopted: By Senator Dantzler of the 43rd:

A RESOLUTION
WHEREAS, There is a distinguished delegation of ladies and gentlemen representing bedspread manufacturers from Dalton, Georgia, Whitfield county, visiting at the Capitol today, headed by the mayor of Dalton, the Honorable D. W. Mitchell, and
WHEREAS, The candlewick and chenille bedspread industry originated in Dalton, and that city has become internationally known as "The Bedspread Center of the World," and
WHEREAS, This unique industry has grown by leaps and bounds from an estimated annual volume of sales of three million dollars ($3,000,000) in 1932 to more than thirty million dollars ($30,000,000) annually today, becoming an

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JOURNAL OF THE SENATE,

important factor in the consumption of Georgia cotton, and many of such factories having convtrted part of their production into war work, and
WHEREAS, These Dalton bedspread manufacturers have very generously agreed to present to His Excellency, The Governor of Georgia, a sufficient number of bedspreads to furnish the Governor's Mansion, and
WHEREAS, This thoughtful gesture on the part of these enterprising citizens of Dalton is appreciated by the members of the Senate.
THEREFORE, BE IT RESOLVED that the privileges of the floor of the Senate are hereby extended to:
Mesdames Julian McCamy and J. C. Sapp, Mr. and Mrs. John Reid, Mr. Judd Brooker, Whitfield County Ordinary, Mr. Fred Starr, President of the Dalton Chamber of Commerce, Mr. John Hackney, Whitfield County Commissioner, Messrs. George Rice, Ernest Acree, Sam Hurowitz, Joe DuBrof, G. H. Rauschenberg, A. B. Tenenbaum and the Mayor of Dalton, Honorable D. W. Mitchell, all of whom are member~ of the delegation from Dalton here today.
BE IT FURTHER RESOLVED that the Doorkeeper of the Senate be instructed to escort the delegation of Dalton visitors to the President's Stand and that the Mayor of Dalton be invited to address the Senate.
At the request of Senator Millican of the 52nd, Senator Dantzler of the 43rd was called to the president's stand to preside.
Senator Dantzler presented to the members of the Senate the Honorable D. W. Mitchell, mayor of Dalton.
Mayor Mitchell addressed the Senate and in behalf of the bedspread manufacturers of Dalton presented to President Frank Gross and to President pro tempore David S. Atkinson two chenille bedspreads as a token of appreciation for their outstanding work as presiding officers of the State Senate.
The president and president pro tempore responded with expressions of appreciation for the gifts.
At the conclusion of the presentation, the president resumed the chair.
The president recognized in the gallery the senior civics class of Joe E. Brown High School with Miss Waller, the teacher.
The following uncontested resolution was read the third time and put upon its passage:
SR 40. By Senator Lovett of the 16th:
A resolution to authorize the furnishing to the clerk of Laurens superior court for the use of its library in said court room, without cost to Laurens county, certain volumes of Georgia reports and court of appeals reports; and for other purposes.

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293

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 27, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Pittman of the 42nd moved that the Senate reconsider its action of yesterday in failing to pass the following bill of the Senate:
SB 33. By Senator Pittman of the 42nd: A bill to amend an act so that all justices of the peace and notaries public ex-officio justices may require a deposit of $2.45 in all civil cases; and for other purposes.
On the motion to reconsider, the ayes were 22, nays 13, and the motion prevailed. The bill took its place at the foot of the calendar.
Senator Bloodworth of the 22nd moved that the Senate reconsider its action of yesterday in failing to pass the following bill of the House:
HB 33. By Mr. Weaver of Bibb: A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes and other evidence of indebtedness; and for other purposes.
On the motion to reconsider, the ayes were 25, nays 2, and the motion prevailed. The bill took its place at the foot of the calendar.
Senator Lester of the 18th moved that the following bill be recommitted to the Committee on Insurance:
HB 67. By Messrs. Deal and Brunson of Bullock, Turner, Hubert, and Broome of DeKalb: A bill to fix the salary of the deputy insurance commissioner of the state; and for other purposes.
The motion prevailed.
Mr. Hollis of the 24th 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/or 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:
SB 71
SB 62

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SB 64
SB 70 SB 72 SB 85 SB 99

Respectfully submitted,
M. R. Hollis of 24th district, Chairman.

Mr. Boyett of the 11th 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; or 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 Governor:

SR 41

SB 38 SB 75

SB 78

Respectfully submitted,
R. L. Boyett of ll th district, Chairman.

A sealed communication was received from His Excellency, the Governor, through Hon. M. E. Thompson, executive secretary.
Senator Millican of the 52nd asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Finance, read the second time, and recommitted:

HR 59. By Messrs. Fortson of Wilkes and others: A resolution that the state treasurer and others be authorized to hold, collect and pay victory tax on wages; and for other purposes.
The consent was granted.
The following bills and resolutions were read the third time and placed upon their passage:

TUESDAY, FEBRUARY 9, 1943

295

SB 34. By Senator Kennon of the 6th: An act proposing to the qualified voters of Georgia an amendment to article III, section II, paragraph I, of the Constitution of Georgia, by increasing the number of Senators to fifty-three and the number of Senatorial Districts to fifty-three, and by amending article III, section II, paragraph II of the Constitution of Georgia, by adding a new Senatorial District, to be known as the Fifty-third Senatorial District, which shall be composed of the counties of Lowndes and Echols, and reducing the number of counties in the Sixth Senatorial District, so that it shall be composed of the counties of Berrien, Cook and Lanier; and providing for the method of ratification by the qualified voters of Georgia at the next general election; and for other purposes;
RESOLVED by the General Assembly of Georgia:
Section I.
That article III, section II, paragraph I of the Constitution of Georgia be and the same is hereby amended by striking from the second line thereof the words "fifty-two" and inserting in lieu thereof the words "fifty-three," and by striking from the third line thereof the words "fifty-two" and inserting in lieu thereof the words "fifty-three," so that said paragraph I of section 1I of article III of the Constitution of Georgia, as amended, shall read as follows:
"Paragraph I. Number of Senators and Senatorial Districts.
The Senate shall consist of fifty-three members. There shall be afty-three Senatorial Districts as now arranged by counties. Each district shall have one Senator."
Section 2.
That article III, section II, paragraph II of the Constitution of Georgia be, and the same is hereby amended by striking from sub-paragraph 6 thereof the words "Echols, Lowndes" and by adding at the end of said paragraph a new subsection, to be numbered "53," and to read as follows:
"53. The Fifty-third Senatorial District shall be composed of the counties of Lowndes and Echols,"
So that said paragraph II of section II of article III of the Constitution of Georgia, as amended, shall read as follows:
"Paragraph 2. Senatorial Districts Enumerated.
I. The First Senatorial District shall be composed of the counties of Chatham, Bryan and Effingham.
2. The Second Senatorial District shall be composed of the counties of Liberty, Tattnall, Mcintosh and Long.

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3. The Third Senatorial District shall be composed of the counties of Wayne, Appling, Jeff Davis and Brantley.
4. The Fourth Senatrorial District shall be composed of the counties of Glynn, Camden and Charlton.
5. The Fifth Senatorial District shall be composed of the counties of Ware, Clinch and Atkinson.
6. The Sixth Senatorial District shall be composed of the counties of Berrien, Cook and Lanier.
7. The Seventh Senatorial District shall be composed of the counties of Brooks, Thomas and Grady.
8. The Eighth Senatorial District shall be composed of the counties of Decatur, Mitchell, Miller and Seminole.
9. The Ninth Senatorial District shall be composed of the counties of Early, Calhoun and Baker.
10. The Tenth Senatorial District shall be composed of the counties of Dougherty, Lee and Worth.
11. The Eleventh Senatorial District shall be composed of the counties of Clay, Randolph and Terrell.
12. The Twelfth Senatorial District shall be composed of the counties of Stewart, Webster and Quitman.
13. The Thirteenth Senatorial District shall be composed of the counties of Sumter, Schley and Macon.
14. The Fourteenth Senatorial District shall be composed of the counties of Dooly, Pulaski and Bleckley.
15. The Fifteenth Senatorial District shall be composed of the counties of Wheeler, Montgomery and Toombs.
16. The Sixteenth Senatorial District shall be composed of the counties of Laurens, Emanuel, Johnson and Treutlen.
17. The Seventeenth Senatorial District shall be composed of the counties of Screven, Burke and Jenkins.
18. The Eighteenth Senatorial District shall be composed of the counties of Richmond, Glascock and Jefferson.
19. The Nineteenth Senatorial District shall be composed of the counties of Taliaferro, Greene and Warren.
20. The Twentieth Senatorial District shall be composed of the counties of Baldwin, Hancock and Washington.

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297

21. The Twenty-first Senatorial District shall be composed of the counties of Twiggs, Wilkinson and Jones.
22. The Twenty-second Senatorial District shall be composed of the counties of Bibb, Monroe, Pike and Lamar.
23. The Twenty-third Senatorial District shall be composed of the counties of Houston, Crawford, Taylor and Peach.
24. The Twenty-fourth Senatorial District shall be composed of the counties of Muscogee, Marion and Chattahoochee.
25. The Twenty-fifth Senatorial District shall be composed of the counties of Harris, Upson and Talbot.
26. The Twenty-sixth Senatorial District shall be composed of the counties of Spalding, Butts and Fayette.
27. The Twenty-seventh Senatorial District shall be composed of the counties of Barrow, Walton and Oconee.
28. The Twenty-eighth Senatorial District shall be composed of the counties of Jasper, Putnam and Morgan.
29. The Twenty-ninth Senatorial District shall be composed of the counties of Columbia, Lincoln and McDuffie.
30. The Thirtieth Senatorial District shall be composed of the counties of Elbert, Madison and Hart.
31. The Thirty-first Senatorial District shall be composed of the counties of Franklin, Habersham and Stephens.
32. The Thirty-second Senatorial District shall be composed of the counties of White, Dawson and Lumpkin.
33. The Thirty-third Senatorial District shall be composed of the counties of Hall, Banks and Jackson.
34. The Thirty-fourth Senatorial District shall be composed of the counties of DeKalb, Rockdale and Newton.
35. The Thirty-fifth Senatorial District shall be composed of the counties of Clayton and Henry.
36. The Thirty-sixth Senatorial District shall be composed of the counties of Coweta and Meriwether.
37. The Thirty-seventh Senatorial District shall be composed of the counties of Carroll, Heard and Troup.
38. The Thirty-eighth Senatorial District shall be composed of the counties of Haralson, Polk and Paulding.

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39. The Thirty-ninth Senatorial District shall be composed of the counties of Cherokee, Cobb and Douglas.
40. The Fortieth Senatorial District shall be composed of the counties of Union, Towns and Rabun.
41. The Forty-first Senatorial District shall be composed of the counties of Pickens, Fannin and Gilmer.
42. The Forty-second Senatorial District shall be composed of the counties of Bartow, Floyd and Chattooga.
43. Tht: Forty-third Senatorial District shall be composed of the counties of Murray, Gordon and Whitfield.
44. The Forty-fourth Senatorial District shall be composed of the counties of Walker, Dade and Catoosa.
45. The Forty-fifth Senatorial District shall be composed of the counties of Irwin, Ben Hill and Telfair.
46. The Forty-sixth Senatorial District shall be composed of the counties of Bacon, Pierce and Coffee.
47. The Forty-seventh Senatorial District shall be composed of the counties of Colquitt, Tift and Turner.
48. The Forty-eighth Senatorial District shall be composed of the counties of Crisp, Wilcox and Dodge.
49. The Forty-ninth Senatorial District shall be composed of the counties of Hulloch, Candler and Evans.
50. The Fiftieth Senatorial District shall be composed of the counties of Clarke, Oglethorpe and Wilkes.
51. The Fifty-first Senatorial District rhall be composed of the counties of Gwinnett and Forsyth.
52. The Fifty-second Senatorial District shall be composed of the county of Fulton.
53. The Fifty-third Senatorial District shall be composed of the counties of Lowndes and Echols.

Section 3.
This amendment shall be published in at least one newspaper (to be chosen ~ by the Governor) in each of Congressional district, for two months previous to the time of holding the next general election, and shall be submitted to the qualified voters of Georgia, for ratification or rejection at the next general election. Those liesiring to vote in favor of the ratification of said amendment shall have written or printed

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299

<>n their ballots the words "For ratification of amendment to Article III, Section II, Paragraphs I and II, of the Constitution of Georgia, creating a new Senatorial District, to be known as the 53rd Senatorial District, and composed of the Counties <>f Lowndes and Echols," and those desiring to vote against the ratification of said amendment ~hall have written or printed on their ballots the words, "Against ratification of amendment to Article III, Section II, Paragraph I and II, of the Constitution of Georgia, creating a new Senatorial District to be known as the 53rd Senatorial District, composed of the counties of Lowndes and Echols." If, at the next general election, a majority of those voting shall vote in favor of the ratification of this amendment, upon consolidation and ascertainment of the result as provided by law, the same shall become a part of Article III, Section II, Paragraphs I and II of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law.
Senator Bloodworth of the 22nd offered the following amendment:

Amend SB 34 by striking from said bill the word "Bibb" in section 2, para-

graph 2, subdivision 22 and by adding an additional sub-section to section 2, para-

graph 2, to read as follows:



"The fift}-fourth Senatorial district shall consist of Bibb County.''

On the adoption of the amendment, the ayes were 10, nays 25, and the amendment was lost.

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:

Ansley

Fowler

Arnold

Griner

Atkinson

Hall

Bacon

Hollis

Bloodworth of 22nd

Ingram

Bloodworth of 23rd

Kaigler

Boyett

Kennedy

Byrd

Kennon

Clements

Kimbrough

Cooper

Lester

Dantzler

Lovett

Ennis

Millican

Forester

Moore

Foster

Newton

Oden Peterson Pope Preston Raynor Shannon Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

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Those voting in the negative were:

Brock Estes

Jones

Martin

Not voting were Senators Arnall, Eubank, Dean, Hampton, Harrison, Pittman, and Thigpen.
The roll call was verified.
On the passage of the bill, the ayes were 40, nays 4.
The bill, having received the requisite constitutional two-thirds majority, was passed.

SB 86. By Senator Ennis of the 20th:
A bill to amend an act to grant the trial judge jurisdiction to commit convicts between 16 and 18 years to Georgia state training school for boys; and for other purposes.

Senator Whitworth of the 30th offered the following amendment: Amend SB 86 by striking the words "and parole" wherever it occurs in said bill.

The amendment was adopted.

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

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

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

SR 32. By Senator Lovett of the 16th, and others:
A resolution proposing that paragraph 3 of section 4 of article 3 of the constitution be amended to abolish the 10-day session and to provide that the General Assembly shall meet on the second Monday in January 1945 for 60 days and bienially thereafter; and for other purposes.
Senator Jones of the 3rd offered the following amendment:
Amend Senate Resolution No. 32 by striking the words in section l, line 12, "a quorum of" and insert the words "those elected to the."

The amendment was adopted.

Senator Atkinson of the lst offered the following amendment:
Amend Senate Resolution No. 32 by adding the following as an amendment to section 1 thereof to wit:

TUESDAY, FEBRUARY 9, 1943

301

"The regular sessions of the General Assembly may recess at any time by a majority vote of the elected and qualified members of both the House and the Senate, to a future date within the term for which the members are elected, provided that the combined terms of the original and recessed sessions shall not exceed sixty days."
The amendment was adopted.
The resolution, as amended, was as follows:
A RESOLUTION-Proposing to the people of Georgia that paragraph 3 of section 4 of article 3 (section 2-1503 of the Code of Georgia) of the Constitution be amended by striking and repealing said paragraph and inserting in lieu thereof a new paragraph to provide that the General Assembly shall meet on the second Monday in January, 1945, and bienially thereafter on the same date until the date shall be changed by law; to provide that said session shall continue no longer than sixty days except in certain instances; to abolish the ten day session completely; to provide that the terms of the present incumbents of the offices of Governor and those which are the same as Governor, shall expire upon the inauguration of the Governor at the legislative session held under the provisions hereof in January, 1947.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That paragraph 3 of section 4 of article 3 (section 2-1503 of the Code of Georgia) of the Constitution of Georgia be amended by striking and repealing said paragraph 3 (section 2-1503 of the Code of Georgia) in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"The General Assembly shall meet on the second Monday in January, 1945, and bienially thereafter on the same date until the date shall be changed by law. Such session shall continue no longer than sixty days. Such session may be for a shorter period of time should the General Assembly by concurrent resolution adopted by the votes of a majority of those elected to the House and Senate, and approved by the Governor, agree to adjourn before the expiration of sixty days. If impeacement trial is pending at the end of said sixty days, the session may be prolonged until completion of said trial. 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 hetcof in January, 1947. The regular sessions of the General Assembly may recess at any time by a majority vote of the elected and qualified members of both the House and the Senate, to a future date within the term for which the members are elected, provided that the combined terms of the original and recessed sessions shall not exceed sixty days.
Section 2. The ten day organizational session is hereby abolished and repealed.
Section 3. 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

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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 re5olution, 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:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Ennis Estes Forester Foster

Fowler Griner Hall Harrison Hollis Ingram Jones K;aigler Kennedy Kennon Kimbrough Lester Lovett Martin Millican

Moore Newton Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams

Those voting in the negative were:

Dean

Oden

Not voting were Senators Arnall, Eubank and Hampton.

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 46, nays 2.
The resolution, having received the requisite constitutional two-thirds majority, was passed as amended.
HB 43. By Mr. Elliott of Muscogee: A bill to declare certain days as public and legal holidays; to declare certain days as religious holidays; 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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303

On the passage of the bill, the ayes were 30, 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 House amendment thereto:
SB 41. By Senator Millican of the 52nd:
A bill to amend an act to provide for supplementing the funds of the county board of education of all counties having a population of not less than 200,000; and for other purposes.

The House offered the following amendment:
Etheridge, Kendrick and Mankin of Fulton amend Senate Bill No. 41 by adding to Section 2 and at the end thereof the following words:
"The additional amount herein provided for shall be used exclusively for the rurpose of paying salaries to school teachers in the employ of the County Board of Education for the months ot July and August in each year, and there shall be no 1eduction in the amount of salaries paid them in any other months on account of said paJ!ments in said two additional months, it being the purpose of this law to provide said additional funds so that the said teachers may draw salaries for each of the twelve months in the year."

Senator Millican of the 52nd moved that the Senate concur in the House amendment.

On the motion to concur, the ayes were 27, nays 0, and the amendment was concurred in.

Senator Atkinson of the 1st moved that the Senate go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the motion prevailed.

The Senate resolved itself into executive session at 11 :30 o'clock.

The following message was dispatched to His Excellency, the Governor, through Henry W. Nevin, secretary of the Senate:

Hon. Ellis Arnall, Governor, State Capitol, Atlanta, Georgia.
Dear Governor:

February 9, 1943.

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:

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Hon. G. W. Langford of the County of Walker to be Judge oi the City Court of Walker County for a term of four years beginning February 25, 1943, and expiring February 25, 1947. The vote on this confirmation was 47 to 0.
Hon. Edward B. Everett of the County of Fulton to be a member of the State Board of Pardons and Paroles for a term of three years beginning January 1, 1943, and expiring January 1, 1946. The vote on this confirmation was 47 to 0.
Mrs. Helen W. Coxon of the County of Long to be a member of the State Board of Pardons and Paroles for a term of seven years beginning January 1, 1943, and expiring January 1, 1950. The vote on this confirmation was 47 to 0.
Hon. Grover C. Byars of the County of Floyd to be a member of the State Board of Patdons and Paroles for a term of five years beginning January 1, 1943, and expiring January 1, 1948. The vote on this confirmation was 47 to 0.
Respectfully yours,
Henry W. Nevin, Secretary of Senate.
The Senate reconvened in regular session at 12 :OS o'clock.
The following bills and resolutions were read the third time and placed upon the-ir passage:
SR 31. By Senators Lovett of the 16th and others:
A Resolution-Proposing to the people of Georgia that Paragraph 1, of Section 9 of Article 3 (Section 2-2001 of the Code of Georgia) of the constitution be amended by striking and repealing said Paragraph and inserting in lieu thereof a new Paragraph to provide that members of the General Assembly shall receive $600.00 as full compensation for the complete legislative session and traveling expenses not to exceed lOc per mile; to provide that this amendment shall not become effective until the proposed amendment to Paragraph 3 of Section 4 of Article 3 is ratified and becomes law, the same providing among other things that the session of the General Assembly shall last no longer than 60 days; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
That Paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Georgia Code) of the Constitution of Georgia be amended by striking and repealing said Paragraph 1 in its entirety and substituting in lieu thereof a new Paragraph to read as follows:
"Members of the General Assembly shall receive the sum of $600.00 as full compensation for the complete legislative session; and mileage shall not exceed lOc

'DUESDAY, FEBRUARY 9, 1943

305

for each mile traveled, by the nearest practicable route, in going to and returning from, the Capitol.

Section 2.
That this amendment shall not become effective until the proposed amendment to Paragraph 3 of Section 4 of Article 3 is ratified and becomes law, the same providing, among other things, that the session of the General Assembly shall last no longer than sixty days.

Section 3.
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 Act of the General Assembly approved March 24, !939.

Senator Atkinson of the 1st offered the following amendment:
Amend by striking the words and figures "six hundred dollars ($600)" wherever they occur in the Resolution and inserting in lieu thereof the words and figures "five hundred dollars ($500) ".

The amendment was lost.

The following Senators asked to be recorded as voting "aye" on the amendment: Senators Atkinson of the 1st, Simmons of the 8th, Fowler of the 39th, Brock of the 37th, Newton of the 47th, Kennon of the 6th, and Millican of the 52nd.

Senator Jones of the 3rd asked to be recorded as voting "nay" on the amendment.

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:

Ansley Bloodworth of 22nd Bloodworth of 23rd Boyett Byrd Cooper Ennis

Estes Forester Foster Griner Hall Hollis Ingram

Jones Kaigler Kennedy Kennon Kimbrough Lester Lovett

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Martin Millican Moore Peterson Pittman

Pope Preston Raynor Shannon Simmons

Stark Thigpen Whitworth Williams

Those voting in the negative were Senators:

Atkinson Bacon Brock Clements

Dantzler Dean Fowler

Newton Oden Terrell

Not voting were: Senators Arnall, Arnold, Eubank, Hampton and Harrison. The roll call was verified. On the adoption of the resolution, the ayes were 36, nays 10. The resolution, having received the requisite constitutional two-thirds majority, was adopted.

The president recognized in the gallery the public speaking class of Tech High School with Mr. J. C. Broun, instructor.

The president recognized in the gallery the CIVICS classes from Hoke Smith Junior High School of Atlanta with Mrs. De Foor.

SB 92. By Senator Raynor of the 4th:
A bill to amend chapter 92-11, of the code of 1933, by striking therefrom section 92-1104, providing a $10.00 tax on each wagon or truck selling oil or gasoline; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 2.

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

SB 94. By Senator Ingram of the 51st and Dean of the 34th:
A bill to amend chapter 84-8 of the Code of 1933 entitled "Embalmers," by repealing Sections 84-803 and 84-804 of the code, and in lieu thereof substituting new sections to be numbered 84-803 and 84-804 respectively, creating the Georgia state board of embalming; and for other purposes.

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

TUESDAY, FEBRUARY 9, 1943

307

On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Fowler of the 39th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia. Wednesday, February 10, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 1a. First reading and reference of Senate and House bills. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.

The consent was granted.

The president introduced Honorable John P. O'Connor, congressman from the State of New York, who briefly addressed the Senate.

The president introduced Honorable Frank Boykin, congressman from Alabama, who briefly addressed the Senate.
The following bills and resolutions were introduced the first time and referred to committees:
SR 128. By Senator Ingram of the 51st: A bill to create a board of commissioners of roads and revenue for Forsyth county; and for other purposes.

Referred to Committee on Counties and County Matters. SB 129. By Senator Pittman of the 42nd:

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309

A bill to provide for the validation of revenue anticipation certificates of any municipality authorized to issue same; and for other purposes. Referred to Committee on Municipal Government.
SB 130. By Senator Shannon of the 21st:
A bill to limit expenditures of candidates for public offices in primary and general elections; and for other purposes. Referred to Committee on Counties and County Matters.

SB 131. By Senators Pope of the 7th, Raynor of the 4th, and Griner of the 45th:
A bill to create a Georgia state guard and provide for the organization, training, discipline, pay and discharge thereof; and for other purposes. Referred to Committee on Military Affairs.
SB 132. By Senator Atkinson of the 1st:
A bill proposing an amendment to article 3, section 2, of the constitution creating a new senatorial district to be known as the fifty-fourth district composed of Effingham, Bryan and Liberty counties; and for other purposes.
Referred to Committee on Amendments to the Constitution.

SB 133. By Senator Eubank of the 20th:
A bill to change from the fee to a salary system certain county officers in Columbia county; and for other purposes. Referred to Committee on Counties and County Matters.
SB 134. By Senators Gross of the 31st and Eubank of the 29th:
A bill to equalize educational opportunities in vocational education; to encourage the development of a system of public vocational training; and for other purposes.
Referred to Committee on Education and Public Schools.
SB 135. By Senator Millican of the 52nd:
A bill to amend the corporation act of 1938 to provide corporations can reimburse officers and directors for expenses incurred in connection with groundless actions, suits or proceedings, where such officers or director is made a party; and for other purposes.
Referred to Committee on State of Republic.
SB 136. By Senators Millican of the 52nd, Pittman of the 42nd, and Dantzler of the 43rd:

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A bill to amend the laws of Georgia relative to drunkness in public places; and for other purposes.
Referred to Committee on Temperance.
SR 43. By Senator Atkinson of the 1st: A resolution approving the suspension of the collection of $75.00 of the $100.00 tax imposed on dance halls in Georgia during 1941 and 1942; and for other purposes. Referred to Committee on Finance.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic have had under consideration the follow-
ing bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 108. Do Pass.
SB 117. Do Pass.
SB 125. Do Pass. SB 119. Do Pass.
SB 121. Do Pass. HB 172. Do Pass. HB 252. Do Pass.
HB 108. Do Pass.
HB 124. Do Pass by substitute.
Respectfully submitted,
Lester of 18th district, Chairman.
Mr. Ingram of the 51st 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:
HB 224. Do Pass.

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311

HB 265. Do Pass. HB 203. Do Pass. HB 209. Do Pass. HB 90. Do Pass. HB 262. Do Pass. HB 291. Do Pass. HB 241. Do Pass. HB 237. Do Pass. HB 98. Do Pass. HB 186. Do Pass as amended.
Respectfully submitted, R. A. Ingram of 51st district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, sl!lbmitted the following report:
Mr. President: Your Committee on Finance 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:
HR 37. Do Pass.
HR 36. Do Pass.
SB 43. Do Pass.
HR 59. Do Pass.
Respectfully submitted,
Simmons of 8th district, Chairman.

Mr. Griner of the 45th District, Chairman of the Committee on Motor Vehicles,

submitted the following report:



Mr. President:
Your Committee on Motor Vehicles have had under consideration the following bill of the House 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,

HB 123. Do Pass.

Respectfully submitted, Otto Griner of 45th district, Chairman.

Mr. Pope of the 7th District, Chairman of the Committee O!l Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 28. Do Pass.
SB 88. Do Not Pass.
SR 24. Do Pass.
Respectfully submitted,
Pope of 7th district, Chairman.

Mr. Terrell of the 19th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President: Your Committee on General Judiciary No. have had under consideration the
foliowing bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 82. Do Pass. SB 81. Do Pass. SB 98. Do Pass. SB 84. Do Pass. HB 81. Do Pass. SB 90. Do Pass.
Respectfully submitted, Terrell of 19th district, Chairman.

WEDNESDAY, FEBRUARY 10, 1943

313

Mr. Bacon of the 28th District, Chairman of the Committee or. Public Printing, submitted the following report: Mr. President:
Your Committee on Public Printing have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 97. Do Pass. Respectfully submitted, Bacon of 28th district, Chairman.
Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 111. Do Pass. HB 170. Do Pass. HB 171. Do Pass. HB 88. Do Pass. HH 250. Do Pass. HB 255. Do Pass. HB 120. Do Pass. HB 121. Do Pass. HB 141. Do Pass. SB 103. Do Pass. SB 120. Do Pass. SB 123. Do Pass. SB 124. Do Pass. HB 196. Do Pass. HB 225. Do Pass. HB 143. Do Pass.

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HB 216. Do Pass. HB 226. Do Pass. HB 227. Do Pass. HB 234. Do Pass. HB 107. Do Pass.

Respectfully submitted,
G. H. Moore of 32nd district, Chairman.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed as amended by requisite constitutional majority the follo,"'ing bill of the Senate to wit:
SB 12. By Senators Arnall of the 36th, Gross of the 31st, and others:
A bill to reorganize the state department of law by repealing code sections 40-1607, 40-1608 and 40-1609 relating to the department of law, attorney general, assistant attorneys general, employment of counsel, etc.; to create a departmentof law; to provide for an attorney general and assistants; and for other purposes.

The House has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 89. By Messrs. Clark of Catoosa and Kendrick of Fulton: A resolution to invite the Honorable Beardsley Ruml to address a joint assembly in the hall of the House of Representatives on Tuesday, February 16, 1943, at 11 :00 A. M., central war time, and that this invitation be extended to Mr. Ruml by the speaker of the House and the president of the Senate.
The House has agreed to the Senate amendments to the following bill of the House to wit:
HB 31. By Mr. Weaver of Bibb:
A bill to provide how guardians, administrators, trustees and other fiduciaries may sell stocks or bonds which are listed in stock exchange; and for other purposes.

The House has passed by the requisite constitutional majority the following bills ()the House to wit:

WEDNESDAY, FEBRUARY 10, 1943

315

HB No. 89. By Messrs. Weaver of Bibb, Culpepper of Fayette and Gowan of Glynn.
A bill to amend an act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; so as to exclude therefrom certain mortgages and instruments relating to property owned by or sold or leased to any railroad; and for other purposes.
The following bills and resolutions of the Senate and House favorably reported by the committee, were read the second time. SB 81. By Senator Arnold of the 26th:
A bill to amend an act regarding the effect of filing for record mortgages, bills of sale, contracts, etc.; to provide for renewal of such notice; and for other purposes.
SB 82. By Senator Arnold of the 26th:
A bill to provide that transfers by executors or administrators with the will annexed under common form probate, of registered bonds, certificates, shares, etc., shall be valid; and for other purposes.
SB 84. By Senator Arnold of the 26th:
A bill to provide for intermediate reports and accountings by fiduciaries; to change the time for filing annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes.
SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th, Harrison of the 17th, and Bacon of the 28th:
A bill to create the positions of judges emeritus; to provide for the eligibility of persons for appointment to such position; and for other purposes.
SB 97. By Senators Preston of the 27th and Gross of the 31st:
A bill to amend section 90-103 of the code of 1933 relating to the duties and pay of the public printer in reference to the compilation of the acts and resolutions of the General Assembly; and for other purposes.
SB 98. By Senators Atkinson of the 1st, Pope of the 7th, and Raynor of the 4th:
A bill to amend section 29-409 of the code of 1933 relating to the manner in which deeds shall be executed out of the state in order to authorize the recording of deeds attested to by certain officers of the army or navy or consul or vice consul; and for other purposes.
SB 103. By Senator Moore of the 32nd:

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JOURNAL OF THE SENATE,

A bill to amend an act creating the board of commissioners of roads and revenues for the County of Lumpkin, by repealing the amendment approved March 15, 1937, providing for two additional members; and for other purposes.
SB 108. By Senators Arnold of the 26th and Estes of the 35th:
A bill amending code section 85-1803 as it relates to the assignment of accounts receivable; and for other purposes.
SB 111. By Senator Bloodworth of the 23rd:
A bill to provide for holding two regular terms each year of the superior court of Houston county; and for other purposes.

SB 117. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Bloodworth of the 22nd, Bloodworth of the 23rd, Millican of the 52nd, Pope of the 7th and Forester of the 44th:
A bill to abolish the present state board of public welfare and establish a state board of social security; and for other purposes.
SB 1_19. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 22nd, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of the 12th, and Kimbrough of the 25th:
A bill to provide for confirmation by the Senate of appointees of the Governor to boards, commissions, bureaus and other public offices; and for other purposes.
SB 120. By Senator Millican of the 52nd:
A bil! to amend an act to provide that counties having a population of more than hvo hundred thousand (200,000) 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; and for other purposes.
SB 124. By Senator Raynor of the 4th:
A bill to authorize and direct the ordinaries and county treasurers and/or other proper officers of all counties in the state having a population of not more than five thousand nine hundred and fifteen, (5,915) or not less than five thousand eight hundred and ninety, (5,890) according to the federal census of 1940, to pay the sheriffs $100.00 per month for home guard duties, in addition to regular fees; and for other purposes.
SB 125. By Senators Kaigler of the 12th, and Pope of the 7th:
A bill to amend section 24-2803 of the code providing that when a vacancy

WEDNESDAY, FEBRUARY 10, 1943

317

in the offcc of sheriff occurs because said sheriff has entered the armed forces of the United States that the Governor shall appoint a competent person to act as sheriff for the unexpired term; and for other purposes.

SB 121. By Senator Pope of the 7th:
A bill to provide entertainment for the men in the armed forces of the United States relative to Sunday movies; and for other purposes.

SB 123. By Senator Forester of the 44th:
A bill to authorize and direct the ordinaries and county treasurers, of all counties in the State of Georgia having a population of not more than 5,900 nor less than 5,890, because of the extra duties imposed on the sheriffs of such counties by reason of national defense and home guard activities to pay said sheriffs $100.00 per month in addition to regular fees; and for other purposes.
SR 24. By Senators Williams of the 5th and Simmons of the 8th:
A resolution proposing that article 3, section 7 of the constitution be amended by providing that said constitutional provision shall not apply to local bills having only local application; that the General Assembly shall provide the method of passing such local laws; and for other purposes.
HB 81. By Mr. Park of Greene:
A bill to amend section 70-202 of the code of 1933, by striking out the word "may" and substituting in its place the word "must" relative to trial judges granting new trials when there is a "verdict contrary to evidence and principles of justice and equity;" and for other purposes.
HB 88. By Messrs. Hill and Price of Clarke:
A bill to require all candidates for the General Assembly in Clarke county to name their incumbent opponents; and for other purposes.
HB 90. By Messrs. Hill and Price of Clarke:
A bill to amend the charter of the City of Athens, so as to provide means for furnishing relief, pensions; and for other purposes.
HB 98. By Mr. Phillips of Columbia:
A bill to amend an act to create a new charter for the Town of Harlem to authorize zoning and planning laws; and for other purposes.
HB 107. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to repeal the pension act for the County of Richmond; and for other purposes.

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JOURNAL OF THE SENATE,

HB 108. By Messrs. Thurmond of Hall, Ray of Warren and McCamy of WhitWhitfield:
A bill to fix the compensation of the director of the department of public health; and for other purposes.

HB 120. By Mr. Thigpen of Glascock:
A bill to amend an act to create a board of commissioners of roads and revenues ot Glascock county; to prohibit commissioners from otherwise being employed by the county; and for other purposes.
HB 121. By Mr. Thigpen of Glascock::
A bill to create a board of commissioners of roads and revenues in and for County of Glascock: ; and for other purposes.
HB 123. By Messrs. Gardner of Mitchell and Durden of Dougherty:
A bill to amend section 68-502 of the 1933 code so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of peanuts in the shell and peaches; and for other purposes.
HB 141. By Messrs. Caldwell and Hill of Troup:
A bill to amend the charter of the City of LaGrange so as to extend the corporate limits; and for other purposes.
HB 143. By Mr. Boynton of Union:
A bill to amend an act to exempt certain areas in the mountain region of Georgia from the operation of a stock: law or no fence law; to provide for an election; and for other purposes.
HB 170. By Mr. Reynolds of Clayton:
A bill to repeal an act and known "as "Clayton county zoning act;" and for other purposes.
HB 171. By Mr. Reynolds of Clayton:
A bill to repeal section 2 of an act known as "Clayton county tax commissioner clerk-bond-salary act;" and for other purposes.
HB 172. By Messrs. Price and Hill of Oarke:
A bill to authorize any and all eleemosynary or religious corporations heretofore created or hereafter chartered in Georgia, by virtue of their existence for the propagation of the gospel to exercise and carry on certain powers; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1943

319

HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to amend an act incorporating the City of Rome; to create a retirement fund for certain city employees; and for other purposes.
HB 1%. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to amend section 34-401 of the code of 1933 to provide that the county registrars of DeKalb county shall prepare a separate registered voters list for each voting precinct in each militia district; and for other purposes.

HB 203. By Mr. Harden of Turner:
A bill to repeal an act to create a new charter for the Town of Worth; and for other purposes.

HB 209. By Mr. Hogg of Marion:
A bill to amend an act to create a new charter for the City of Buena Vista; to fix the salary of the mayor at not more than $500.00; and for other purposes.
HB 216. By Mr. Smiley of Liberty:
A bill to amend an act to establish the city court of Hinesville, to fix the salary of the judge at $1500.00 per annum; and for other purposes.
HB 224. By Mr. Johnson of Chattahoochee:
A bill to amend the several acts incorporating the Town of Cusseta to provide for a w!tterworks system; and for other purposes.
HB 237. By Mr. Burnside of McDuffie:
A hili to amend section 16 of the act amending the original act incorporating the Town of Thomson relative to the salary of the Mayor and policemen; and for other purposes.
HB 225. By Mr. Dyal of Appling:
A bill creating the office of tax commissioner of Appling county and abolishing the offices of tax collector and tax receiver of Appling county; and for other purposes.
HB 226. By Mr. Dyal of Appling:
A bill to repeal an act creating office of commissioner of roads and revenues for the County of Appling; and for other purposes.
HB 227. By Mr. Dyal of Appling:
A bill to create a board of commissioners of roads and revenues for County

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JOURNAL OF THE SENATE,

of Appling; to provide for election of members thereof; to define their

powers and duties; to provide for an executive director and clerk and define

his powers and duties to fix the salary of members of said board; and for

other purposes.



HB 234. By Mr. Bowen of Pierce:
A bill to create the board of commissioners of roads and revenues in and for the County of Pierce; and for other purposes.

HB 241. By Mr. Gaston of Butts:
A bill to amend an act to create the charter of the City of Jackson approved August 8, 1908, by providing that the cemetery may be extended in any direction ; and for other purposes

HB 250. By Mr. Heard of Elbert:
A bill to amend an act to provide board of commissioners for the County of Elbert, by fixing the salary of the clerk at $1200.00; and for other purposes.

HB 252. By Messrs. Hand of Mitchell, Durden of Dougherty, Caldwell of Troup:
A bill to amend chapter 92-67 of the code of 1933 which relates to assessment of property under certain circumstances; and for other purposes.

HB 255. By Mr. Heard of Elbert:

A bill to amend an act to provide a board of commissioners of roads and

revenues for the County of Elbert, by fixing the salary of the commissioner

at $2400.00; and for other purposes.



HB 262. By Messrs. Broome, Hubert, and Turner of DeKalb.
A bill to amend an act to create the city court of Decatur; to increase the salary of the judge and solicitor; and for other purposes.

HB 265. By Messrs. Hill and Price of Clarke:
A bill to amend the charter of the City of Athens so as to provide for the nomination by the commissioner of the bonded debt of the City of Athens, except the mayor and chairman of the finance committee, of one citizen to fill each vacancy that occurs in the commission; and for other purposes.

HB 291. By Messrs. Price and Hill of Clarke:
A bill to amend the charter of the City of Athens; to provide a four year term for the city recorder; and for other purposes.

HR 28. By Messrs. Dorsey and Welsch of Cobb: A resolution to amend article 7, section 7, paragraph 1 of the constitution

WEDNESDAY, FEBRUARY 10, 1943

321

so as to authorize Cobb County to issue funding bond~; and for other
p~rposes.
HR 36. By Messrs. Kendrick of Fulton, Broome of DeKalb, Durden of Dougherty and others:
A resolution to suspend one-half of the license tax on automobile and truck dealers in used cars as levied under the general tax act; and for other purposes.
HR 37. By Messrs. Kendrick of Fulton, Broome of DeKalb, and others:
A resolution confirming suspension of one-half of a license tax levied by the state on automobile and truck dealers, said suspension being by execu-
tive order, dated the 28th day of 1anuary 1942; and for other purposes.
The following uncontested, local House Bills were read the third time and put upon their passage:
HB 30. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill amending the charter of the City of Union 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.
HB 97. By Mr. Hand of Mitchell:
A bill authorizing the City of Pelham to pass zoning and p~anning laws; and for other purposes.
The x:eport 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.
HB 99. By Mr. Hardy of 1ackson:
A bill to amend the charter for the City of Commerce, so as to change the time for closing the registration books of the city before elections; to repeal section 45, creating a board of city registrars; 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 105. By Mr. Minchew of Atkinson:
A bill to amend section 5 and section 6 of the 1916 charter of the City of
Pearson so as to provide for the filling of vacancies in mayor and council and to change the salary for mayor; and for other purposes.
The report 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, h?ving received the requisite constitutional majority, was passed.
HB 187. By Messrs. Hicks, Littlejohn, Baker o~ Floyd:
A bill to amend an act incorporating the City of Rome to provide that vacancies in city offices shall be filled by the city commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to amend the charter of the City of Macon by adding provisions for the payment of supplementary pensions to policemen and firemen; and for other purposes.
The report 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.
HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to amend the charter of the City of Augusta so as to authorize the establishment of post war reserve funds and to authorize the use of such funds in the replacement of worn out, depleted and obsolete equipment and property by said city; 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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323

On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 246. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to amend the charter of the City Council of Augusta incorporated so as to provide furloughs for all officers and employees now in the armed forces; and for other purposes. The report 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.
HB 257. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the charter of the City of Marietta, so as to authorize the city to extend the sewer lines of said city beyond the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa~sage of the bill, the ayes were 29, nays 0. The bill, having received the requisite' constitutional majority, was passed.
HB 259. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the charter of the City of Marietta, so as to authorize the city to acquire by purchase or gift the title to property for public streets and side walk purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 260. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the charter of the City of Marietta so as to provide for a planning 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 267. By Messrs. Weaver, Barfield, and Wilson of Bibb:
A bill amending the charter of the City of Macon by authorizing the board of water commissio~ers to provide for the retirement of employees of the board of water commissioners on account of disability or age; 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 268. By Mr. Mitchell of Monroe:
A bill to amend an act incorporating the City of Forsyth, to authorize the closing of any street or alley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 271. By Messrs. Mills and Battles of Decatur:
A bill to consolidate and supercede the several acts incorporating the Town of Attapulgus; and for other purposes.
The report 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.
HB 276. By Messrs. Durden and Smith of Dougherty:
A bill to empower the City of Albany, to furnish aid and relief and to grant pensions to all employees now in active service in any each and all departments of the city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The biil, having received the requisite constitutional majority, was passed.
HB 277. By Messrs. Gowen and Gilbert of Glynn: A bill to amend the charter of the City of Brunswick, Georgia; to confer

WEDNESDAY, FEBRUARY 10, 1943

325

certain additional powers therein named with respect to certain lots, alleys and streets upon its city 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and adopted.

SR 44. By Senators Shannon of the 21st, Cooper of the 14th, Bloodworth of the 23rd, Lester of the 18th, and others:
A resolution memoralizing Congress to authorize the construction of a .bridge across the Ocmulgee river to afford a direct route to Camp Wheeler; and for other purposes.

The following bills were read the third time and placed upon their passage:
SB 73. By Senators Gross of the 31st, Forester of the 44th and Kennedy of the 2nd:
A bill to amend an act to create a department of public safety by providing certain fees for sheriffs of the various counties of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 91. By Senator Shannon of the 21st:
A bill to amend section 38-1604 of the 1933 code relating to husband and wife as witness against each other in criminal proceedings; and for other purposes.

The Committee on Special Judiciary offered the following substitute:
A Bill-To be entitled an Act to amend Section 38-1604 of the 1933 Code of Georgia, relating to husband and wife as witnesses against each other in criminal proceedings, by striking all of said Section and substituting in lieu thereof a new section so as to provide that "husband and wife shall be competent but not compellable to give evidence in any and all criminal proceedings for or against each other;" and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Section 38-1604 of the Code of Georgia, relating to husband

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JOURNAL OF THE SENATE,

and wife as witness against each other in criminal proceedings, be amended by striking all of said Section and substituting in lieu thereof a new Section so as to provide that husband and wife shall be competent but not compellable to give evidence in any and all criminal proceedings for or against each other, and when so amended said Section shall read as follows:
"Husband and wife shall be competent but not compellable to give evidence in any and all criminal proceedings for or against each other."
Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, 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 by substitute.
HB 35. By Mr. Barfield of Bibb:
A bill to amend an act known as the "Land registration 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Bloodworth of the 22nd asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted.
HB 41. By Mr. Elliott of Muscogee:
A bill to amend section 96-205 of the code of 1933, to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such voluntary deed or conveyance shall have priority, as provided in said last mentioned section, over subsequent deeds or conveyances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wa~ agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bql, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 10, 1943

327

SB 100. By Senators Ennis of the 20th, Lester of the 18th and others:
A bill to create a board of directors of eleemosynary institutions; to name and designate the eleemosynary institutions; and for other purposes.
The Committee on State Sanitarium offered the followin' amendment:
Amend SB 100 by striking the word "April" in the eighth line of Section 11 and in the 34th line of said Section 11 and inserting in lieu thereof the word "March".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following report of a special committee appointed by the president on Senate Bill No. 54 was read by the secretary:
Mr. President:
Your committee appointed in connection with SB 54, which is a bill to cede certain property now held by the State back to the City of Griffin, wish to submit the following report:
We visited this property Monday, February 8, and we unanimously feel that rhis propert"<J should be returned to the City of Griffin, on the following basis:
1. In 1892, 1,300 citizens of Griffin and surrounding territory made a donation of $1.00 each for the purpose of buying and turning over to the State 100 acres of property which is located about a mile and a half from the center of Griffin, the property at that time being turned over to the State for the purpose of securing a military encampment in that area.
2. This property was used by the State as an encampment during the Spani~h AII'erican War, but has never been used by them for any purpose since that time.
3. In 1909, the General Assembly passed a bill giving the City of Griffin the right of perpetual use for this property.
4. The City of Griffin has erected a schoo~ building on this property.
5. The City of Griffin has erected a municipal concrete swimming pool at a cost of approximately $40,000.00 on this property.
6. The City of Griffin has erected a nine-hole golf course, a portion of which is on this property.
7. There are other minor improvements on the property.

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JOURNAL OF THE SENATE,

We find that there has been considerable discussion in regard to the City of Griffin using a portion of this property for the building of a municipal auditorium when conditions are such that they can do so, but this would be impossible unless they held title to the property, as, undoubtedly, it would have to be done on the basis of a bond issue.
We find that the City of Griffin owns 283 acres on all sides of this property.
This property adjoins the municipal airport, and a portion of this property would undoubtedly be used for improvement and extension of the present airport.
As above mentioned, this property is approximately a mile and a half from the center of Griffin, and the city limits extend into a portion of the property. Undoubtedly, if and when this property is ceded back to the City, it will be taken into the city limits; and, also, the airport property which adjoins same and which at the present time is outside the City but on which the City has police protection would be taken into the city limits.
Your committee does not believe that this property would ever be of any value to the State but, on the other hand, it can be of very material value to the citizens ot the Griffin area.
We find further that the City has at its own expense put down asphalt roads through this property and has always maintained these roads.
No record is on file as to the names of people who made up the original donation of $1,300.00 other than the several officers of the corporation which was formed !or the purpose of deeding this property to the State, and in view of the fact that this has been slightly over 50 years ago, we know of no way that this information could be secured, even if it was necessary.
It is our recommendation that the Senate give favorable consideration to the passage of this bill and that copy of this report be turned over to the members of the House of Representatives from Spalding County in order that the House of Representatives can have the benefit of this information at the time the bill comes up in the House, provided the members of that body desire the information.
0. E. Raynor, of 4th
Jack Williams of 5th
G. Everett Millican of 52nd
Mr. Boyett of the 11th 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/or resolutions of the Senate and have instructed me as Chairman, to report the

WEDNESDAY, FEBRUARY 10, 1943

329

same back to the Senate as correct and ready for transmission to the Governor:
SB 41.
Respectfully submitted,
R. L. Boyett of 11th district, Chairman.
The following resolution was read and adopted:
SR 45. By Senators Gross of the 31st, Pope of the 7th and others:
A resolution inviting the Honorable Fred G. McAllister of London, Ontario, to address a joint session of the General Assembly in the hall of the House of Representatives February 19, 1943.
His Excellency, Governor Ellis Arnall, was a visitor in the Senate chamber and briefly addressed the Senate.
The following resolution was read the third time and placed upon its passage: SR 37. By Senators Pittman of the 42nd and Lester of the 18th:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment of Article III, Section IV, Paragraph VII, (Section 2-1507 Ga. Code of 1933) of the Constitution of the State of Georgia, fixing the eligibility of members of the General Assembly to be elected or appointed to any State office; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Article III, Section IV, Paragraph VII (Section 2-1507 Ga. Code of 1933) of the Constitution of the State of Georgia be, and the same is, hereby amended, by adding just after the word "thereto" in the line next to the last line ~ereof the words, "which. office or appointment was created by the General Assembly", so that said paragraph and Code Section when amended will read as follows:
"No person holding a military commission, or other appointment, or office, having imy emolument, or compensation annexed thereto, under this State, or the United States, or either of them, except Justices of the Peace and officers of the militia, nor any defaulter tor public money, or for any legal taxes required of him, shall have a seat in either house; nor shall any Senator, or Representative, after his qualifications as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, which office or appointment was created by the General Assembly during the time for which he shall have been elected":
... Section II. When said amendment shall be agreed to by two-thirds vote of the

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JOURNAL OF THE SENATE,

members of each House, with the "ayes" and "nays" entered on their respective journals, it shall be published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.

The report of the committee, which was favorable to the adoption of the amendment, 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 aftirmative .were Senators:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis Estes

Forester Foster Fowler Hall Hampton Harrison Hollis Ingram Jones Kennedy Kennon Kimbrough Lester Martin Millican

Moore Newton Oden Peterson Pittman Pope Raynor Shannon 'Simmons Stark Terrell Thigpen Whitworth Williams

Not voting were: Senators Arnall, Eubank, Grmer, Kaigler, Lovett and Preston.

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 two-thirds majority, was adopted.
Senator Lester of the 18th asked unanimous consent that the resolution be immediately transmitted to the House and the consent was granted.
Senator Atkinson of the 1st asked unanimous consent that when the Senate adjourn tomorrow it stand adjourned until Monday morning at 10 o'clock, and the consent was granted.

WEDNESDAY, FEBRUARY 10, 1943

331

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

The president announced the Senate adjourned, until 10 o'clock tomorrow mornin g.

332



JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, February 11, 1943.

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 Whitworth of the 30th 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
1a. First reading,and reference of Senate and House bills.

2. Reports of standing committees.

3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.

The consent was granted.

A privileged resolution by Senators Lovett of the 16th and Shannon of the 21st granting the privileges of the floor to Judge R. Earl Camp, of the Dublin judicial circuit, was read and adopted.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 50. By Senators Terrell of the 19th, Ennis of the 20th and Pittman of the 42nd:
A bill to amend and revise the laws relating to costs collected in cases in the supreme court and the court of appeals, so as provide for payment to and report of such costs monthly to the state treasurer for payment into the general funds of the treasury; and for other purposes.

THURSDAY, FEBRUARY 11, 1943

333

SB 58. By Senator Bloodworth of the 22nd:
A bill.to amend an act to re-enact the charter of the City of Macon; and for other purposes.
SB 40. By Senator Millican of the 52nd:
A bill to amend chapter 79-section 501, of the code of 1933, entitled "Change of names-manner; petition" by adding at the end of said section SOl a provision requiring publication in the county official organ; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House and Senate to wit:
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to amend the state health laws; to amend section 88-201 of the code of 1933, creating a board of health in each county, so as to provide for representation on county boards of health from towns and cities within the county under certain conditions; and for other purposes.
HB 177. Br Messrs. Burnside of McDuffie, Hicks of Floyd, Fortson of Wilkes:
A .bill to amend an act to create a department of public safety by providing certain fees for the sheriffs of the several counties of this state; and for other purposes.
SB 26. By Senator Harrison of the 17th:
A bill to amend the act entitled "Housing authorities law"; and for other purposes.
SR 27. By Senator Harrison of the 17th:
A bill to aid the prosecution of the war by authorizing housing authorities to develop or administer projects to provide housing for persons engaged in war industries or activities and to cooperate with the federal government in making housing available for such persons; and for other purposes.
SB 28. By Senator Harrison of the 17th:
A bill to create a state director of housing; to transfer to such state director of housing the powers, duties, functions, obligations and liabilities imposed upon the state housing authority board by the act approved February 6, 1941, and other provisions of law; to abolish the state housing authority board created under said act; and for other purposes.
SB 42. By Senator Martin of the 13th:
A bill to amend an act relating to the registration and qualification of voters

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JOURNAL OF THE SENATE,

in the City of Oglethorpe; and for other purposes.
SB 68: By Senator Kimbrough of the 25th:
A bill to change the time of holding the superior court of Talbot county; and for other purposes.
HB 301. By Mr. Pruitt of Lumpkin:
A bill to amend an act creating the board of commiSSioners of roads and revenues for the County of Lumpkin, by repealing the amendment providing for two additional members; and for other purposes.
The following bills. and resolutions were introduced, read the first time and referred to committees:
SB 137. By Senators Hall of the 50th and Pittman of the 42nd:
A bill to provide tax assessors cannot hold any state, county or municipal office while serving as tax assessor; and for other purposes.
Referred to Committee on State of Republic.
SB 138. By Senators Arnall of the 36th, and Harrison of the 17th:
A bill to create a Georgia insurance commission; to license resident agents to represent fire, casualty and marine or fidelity and surety bonds to fix the amount of fees and taxes; and for other purposes.
Referred to Committee on Insurance.
SB 139. By Senator Raynor of the 4th:
A bill to "llmend the act approved March 31, 1937, (Ga. Laws 1937, pp. 716-719) by striking section 4 in its entirety and substituting a new section to provide any dealer purchasing animals for resale or slaughter shall keep the license number of the automobile or truck of the seller and a description of the animals bought, and obtain a bill of sale; and for other purposes.
Referred to Committee on Agriculture.
SB 140. By Senator Ennis of the 20th:
A bill to amend section 54-205 of the code of 1933 to change the age of persons working in manufacturing establishments at night from 21 to 18 years .of age ; and for other purposes.
Referred to Committee on State of Republic.
SB 141. By Senator Harrison of the 17th:
A bill to amend the homestead exemption act to provide where an owner contracts for replacement of a home and resides in the replaced dwelling

THURSDAY, FEBRUARY 11, 1943

335

under a bona fide option to purchase, he shall be entitled to tax exemption; and for other purposes.
Referred to Committee on Public Welfare.
bB 142. By Senators Millican of the 52nd and Arnold of the 26th:
A bill to authorize common trust funds; to authorize investments or participations therein; to prescribe the rights, powers and duties of banks, trust companies, fiduiciaries, participants, beneficiaries and other persons; and for other purposes.
Referred to Committee on State of Republic.
SR 46. By Senator Gross of the 31st:
A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution providing that revenue anticipation obligations shall not cr~ate debts against political sub-divisions issuing same; and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following bills of the House were read the first time and referred to committees:
HB 89. By Messrs. Weaver of Bibb, Culpepper of Fayette, Gowen of Glynn:
A bill to amend an act approved March 31, 1937 appearing on pages 760 and 761 (Georgia Laws 1937) so as to exclude therefrom certain mortgages and other instruments relating to property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to amend the state health laws; to amend section 88-201 of the code of 1933, creating a board of health in each county, so as to provide for representation on county boards of health from towns and cities within the county under certain conditions; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd, Fortson of Wilkes:
A bill to amend an act to create a department of public safety by providing certain fees for the sheriffs of the several counties of this state ; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on State of Republic.

HB 301. By Mr. Pruitt of Lumpkinff
A bill to amend an act creating the board of commiSSioners of roads and revenues for the County of Lumpkin, by repealing the amendment providin!: for two additional members; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Foster of the 40th 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:
SB 106. Do Pass
Respectfully submitted,
Foster, of 40th district, Chairman.

Mr. Hollis of the 24th 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/or 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:

SB 34.

SB 92.

SB 94.

SR 31.

SR 32.

SR40.

SB 86.

SR 45.

Respectfully submitted,

M. R. Hollis of 24th district, Chairman.

THURSDAY, FEBRUARY 11, 1943

337

Mr. Arnold of the 26th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 107. Do Pass.
SB 112. Do Not Pass.
Respectfully submitted,
Arnold of 26th district, Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County::Matters, submitted the following report:
Mr. Pres.i,dent: Your Committee on Counties and County Matters have had under considera-
tion the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB.Sl. Do Not Pass.
Respectfully submitted,
Moore of the 32nd district, Chairman.

Mr. Kaigler of the 12th district, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary have had under consideration the follow-



ing bills and resolutions of the House and Senate and have instructed me as Chair-

man, to report the same back to the Senate with the following reccommendations:

HB 62. Do Pass

HR 33. Do Pass

SB 56. Do Pass

SB 115. Do Pass

Kaigler, of 12th district, Chairman.

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JOURNAL OF THE SENATE,

Mr. Bloodworth of the 23rd 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:
SB 131. Do Pass
SB 16. Do Pass
SB 18. Do Pass SB 19. Do Pass
Respectfully submitted,
Bloodworth, of 23rd district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on State of Republic have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back: to the Senate with the following recommendations:
SB 95. Do Pass by substitute
SB 118. Do Pass as amended
SB 135. Do Pass
SB 96. Do Pass
SB 122. Do Pass by substitute
Respectfully submitted,

Lester, of 18th district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Fhtance, 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:

THURSDAY, FEBRUARY 11, 1943

339

HB 174. Do Pass

Respectfully submitted,
J. M. Simmons, of 8th district,
Chairman.

Mr. Clements of the 9th District, Chairman of the Committee on Training Schools, submitted the following report: ,

Mr. President:
Your Committee on Training Schools have had under consideration the following bills and of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 44. Do Pass
Respectfully submitted,
J. M. Clements, of 9th district,
Chairman.

Mr. Hampton of the 41st 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 Vice Chairman, to report the same back to the Senate with the following recommendations:

SB 93. Do Not Pass

Respectfully submitted,
Hampton, of 41st district, Vice Chairman.

The following hills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th:
A bill providing for fresh pursuit by military forces and authorizing this state to cooperate with other states therein; and for other purposes.

SB 18. By Senators Dean of the 34th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th and Ingram of the 51st:

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JOURNAL OF THE SENATE,

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.
SB 19. By Senators Forester of the 40th, Ennis of the 20th, Harrison of the 17th,
Pope of the 7th, Terrell of the 19th, Forester of the 44th and Ingram of the 51st:
A bill to amend section 88-801 of the code of 1933 relating to registration of owners of explosives and obtaining a license authorizing ownership, possession and control of same by providing that the ordinary may refuse to issue a license upon finding of certain facts; and for other purposes.
SB 56. By Senator Lester of the 18th: A bill to provide for the application for marriage license, and the marriage of persons within this state; and for other purposes.
SB 95. By Senator Simmons of the 8th:
A bill to amend an act, section 73-103 of the code of 1933, to prevent deception in the sale of paints and oils; and for other purposes.
SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Simmons of the 8th, and Kennedy of the 2nd:
A bill to repeal section 34-1302 of the code relating to elections; to fix the time and place for holding general and primary elections; and for other purposes.
SB 106. By Senators Preston of the 27th and Griner of the 45th:
A bill to amend section 42-511 of the code of 1933 relating to condensed or evaporated milk, the sale of same, sweetened evaporated milk, or any of the fluid derivatives of any of them to which shall have been added any fat, and for other purposes, so as to permit the addition of cottonseed, soybean or peanut oil; and for other purposes.
SB 107. By Senators Estes of the 35th, and Arnold of the 26th:
A bill to amend the banking law as it relates to the salaries paid examiners; and for other purposes.
SB 115. By Senators Estes of the 35th:
A bill to amend subsection 1 of section 67-2001 of the code of 1933 relating to the creation of liens for work done and materials furnished by landscape gardeners and nurserymen; and for other purposes.
SB 118. -By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th and others:

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341

A bill to provide the manner of filing claims by persons in the armed forces of the United States, who may be entitled under existing laws to exemptions of homesteads from taxation; and for other purposes.
SB 122. By Senators Lovett of the 16th, Shannon of the 21st, Harrison of the 17th and others:
A bill to repeal an act approved January 28, 1943 providing that Eastern Standard Time shall be the official time for the State of Georgia; and for purposes.
SB 131. By Senators Pope of the 7th, Raynor of the 4th and Ennis of the 20th:
A bill to create a Georgia state guard during such time as any of the national guard is in active federal service; and for other purposes.
SB 135. By Senator Millican of the 52nd:
A bill to amend an act authorizing the chartering and empowering of corporations, known as the "Corporation act," approved January 28, 1938; and for other purposes.
SR 43. By Senator Atkinson of the 1st:
A resolution ratifying the action of Eugene Talmadge, former Governor, of executive order issued April 11, 1941, suspending collection of threefourths of the tax levied on dance halls for the year 1941 and 1942; and for other purposes.

HB 44. By Messrs. Weaver, Barfield, and Wilson of Bibb, and others:
A bill to provide for the maintenance, by the department of public welfare, of the negro division of the Georgia training school for girls; and for other purposes.
HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to amend section 16-101 of the code relating to "loans to persons not members; rate of interest" by inserting therein, immediately following the words "corporation" in the third and fourth lines thereof, the words "or partnership"; and for other purposes.
HB 174. By Mr. Deal and Mr. Brunson of Bulloch:
A bill to amend an act to provide for exemption of taxation to the. owner of personal property, by providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st of the year in which exemption from taxation is sought; and for other purposes.
HR 33. By Messrs. Welsch and Dorsey of Cobb:

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A resolution to designate the first Sunday in June as "SHUT-INS' DAY" for the sick; and for other purposes.
A privileged resolution by Senator Preston of the 27th extending the privileges of the floor to Hon. Ed Almand, of Monroe, was read and adopted.
A privileged resolution by Senator Harrison of the 17th extending the privileges of the floor to Dr. Marvin S. Pittman, of the Georgia State Teachers College, Statesboro, Georgia, was read and adopted.
The following local uncontested bills of the House and Senate were read the third time and put upon their passage:
SB 120. By Senator Millican of the 52nd:
A bill to amend an act to provide that counties having a population of more than two hundred thousand 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 123. By Senator Forester of the 44th:
A bill to authorize and direct the ordinaries and county treasurers of all counties in the state having a population not more than 5,900, nor less than 5,890, because of the extra duties imposed on the sheriffs of such counties by reason of national defense and home guard activities, to pay to the sheriffs of said counties the sum of $100.00 per month in addition to the fees and compensation paid to said sheriffs ; and for other purposes.
The report 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.
SB 124. By Senator Raynor of the 4;th:
A bill to authorize and direct the ordinaries and county treasurer and/or other proper officers of all counties in the state having a population of not more than 5,915 and not less than 5,890, to pay to the sheriffs of said counties the sum of one hundred dollars ($100.) per month in addition to the fees and compensation now paid to said sheriffs; 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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343

On the passage of the bill, the aye~ were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 88. By Messrs. Hill and Price of Clarke: A bill to require all candidates for the general assembly in Clarke county to name their incumbent opponents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 90. By Messrs. Hill and Price of Clarke: A bill to amend the charter of the City of Athens, so as to provide means for the furnishing aid, relief, pensions; and for other purposes.
The report 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.

HB 98. By Mr. Phillips of Columbia: A bill to amend the charter for the Town of Harlem by empowering the governing authorities to pass zoning 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 107. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to repeal the pension act for the County of Richmond; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 120. By Mr. Thigpen of Glascock:
A bill to amend an act creating a board of commissioners of roads and revenues of Glascock county, to prohibit commissioners from otherwise being employed by the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 121. By Mr. Thigpen of Glascock: . A bill to create a board of commissioners of roads and revenues in and for County of Glascock; and for other purposes.
The report 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.
HB 141. By Messrs. Caldwell and Hill of Troup: A bill to amend the charter of the City of LaGrange so as to extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 143. By Mr. Boynton of Union: A bill to amend an act to exempt certain areas in the mountain region of Georgia from the operation of a stock law or no fence law; to provide for
an election; and for other purposes. The report of the committee, which was favorable to the passage of the bill,
was agreed to. On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 17(). By Mr. Reynolds of Clayton: A bill to :repeal an act known as ''Clayton county zoning act;" and for other purposes.

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345

The report of 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.
HB 171. By Mr. Reynolds of Clayton:
A bill to repeal section 2 of an act known as "Clayton county tax commis-
sioner-clerk-bond-salary act;" and for other purposes. The ~eport 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.
HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to amend an act incorporating the City of Rome, to provide for the creation of a retirement fund for the payment of benefits to certain employees of the city; and for other purposes.
Senator Pittman of the 42nd offered the following amendment:
Section 11 of HB 186 is amended by adding at the end of said section the following words:
"In computing the time that an employee has worked for the City of Rome the time of any person employed in the suburbs of said city which, since said employment, ha~ been annexed, and is now within the corporate limits of said city, shall be counted and considered."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended ..
HB 196. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to amend section 34-4{)1 of the code of 1933 to provide that the c~unty registrars of DeKalb county shall prepare a separate registered voters list for each voting precinct in each militia district; and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 203. By Mr. Harden of Turner:
A bill to repeal an act to create a new charter for the Town of Worth; and for other purposes.
The report 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.
HB 209. By Mr. Hogg of Marion:
A bill to amend the charter for the City of Buena Vista, to fix the salary of the mayor at not exceeding $500 per annum; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 216. By Mr. Smiley of Liberty:
A bill to amend an act to establish the city court of Hinesville, so as to fix the salary of the judge of said court at fifteen hundred dollars a year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 224. By Mr. Johnson of Chattahoochee:
A bill to amend an act to amend, revise, consolidate, and supercede the several acts incorporating the Town of Cusseta, so as to enlarge the powers and authority 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 41, nays 0.

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347

The bill, having received the requisite constitutional majority, was passed.
HB 225. By Mr. Dyal of Appling: A bill to repeal an act creating the office of tax commissioner of Appling county and abolishing the offices of tax collector and tax receiver; and for other purposes.
The report 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.
HB 226. By Mr. Dyal of Appling:
A bill to repeal the act creating office of commissioner of roads and revenues for County of Appling and all laws amendatory thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 227. By Mr. Dyal of Appling: A bill to create a board of commissioners of roads and revenue for the County of Appling; and for other purposes.
The report of the committee, which was favorable to the pass2ge 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.
HB 234. By Mr. Bowen of Pierce:
A bill to amend an act creating the board of commissioners of roads and revenues in and for the County of Pierce, to provide for traveling expenses for said commissioners, to provide for compensation for the warden of Pierce county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 237. By Mr. Burnside of McDuffie: A bill to amend section 16 of the act amending the original act incorporating the Town of Thomson pertaining to the salary of the mayor, the term of office of citr attorney and the salary of policemen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 241. By Mr. Gaston of Butts: A bill to amend the charter of the City of Jackson to provide that the present cemetery may be extended in any direction; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 250. By Mr. Heard of Elbert: A bill to amend an act to provide for a board of commiSSIOners for the County of Elbert by increasing the salary of the clerk to $1200.00; 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 255. By Mr. Heard of Elbert: A bill to amend an act to provide a board of commissioners of roads and revenues for the County of Elbert, by increasing the salary of the commissioner to $2400.00; 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 262. By Messrs. Broome, Hubert, and Turner of DeKalb:

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349

, A bill to amend an act creating the city court of Decatur to increase the salary of the 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 265. By Messrs. Hill and Price of Clarke: A bill to amend the charter of the City of Athens so as to provide for the nomination by the commissioners of the bonded debt of the City of Athens, except the mayor and chairman of the finance committee, of one citizen to fill each vacancy that occurs in the commission and to fill the place of each commissioner whose term expires; and for other purposes.
The report 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.
HB 291. By Messrs. Price and Hill of Clarke: A bill to amend the charter of the City of Athens, in order to make the term of the recorder four years instead of three years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 103. By Senator Moore of the 32nd: A bill to amend an act creating a board of commissioners of roads and revenues for Lumpkin county by striking the provision for two additional members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

Senator Moore of the 32nd asked unanimous consent that SB 103 be immediately transmitted to the House and the consent was granted.

SB 111. By Senator Bloodworth of the 23rd:
A bill to provide for holding two regular terms each year of the superior court of Houston county; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

Mr. Hollis of the 24th 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/or 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:
SB 54

SB 104 SB 73

SB 91 SB 100 SR 37 SB 103 SR 15

Respectfully submitted, M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:

THURSDAY, FEBRUARY 11, 1943

351

SB 68
SB 26
SB 27 SB 28

Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

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

HR 28. By Messrs. Dorsey and Welsch of Cobb:

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 Cobb 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 by such issuance that said County shall thereafter operate on strictly cash basis and be prohibited from issuing warrants or orders 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 of the various officers and departments of said County other than the Court 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 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 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, To provide for the 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 the same:
Section 1. That Article 7, Section 7, Paragraph 11, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following word and language, to-wit:

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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, Cobb 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 in~luding interest due or payable thereon, as the same appears of the 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 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 to issue as granted herein is exercised by said County said date as so determined by said governing authority, said County and the governing authority thereof are prohibted from issuing said warrants and deferred payments orders of 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 to 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 holding the funds of said County, and in no other way, no checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than 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 check, or any such Treasurer countersigned and delivering any check where there are insufficient funds on deposit sufficient to immediately pay same, and all other than outstanding checks, shall be guilty of misdemeanor and shall be subject to removal from office by writ of mandamus; 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 expenditures of, the various officers and departments of said County, other than the Schools, and the courts thereof and expenses of courts, and 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 1944, 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 provisions 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, and be paid within thirty years from date of issuance. Provisions shall be made by the governing authority by reso-

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353

lution 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 the 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 authorized by a majority vote and resolution of the governing authority of Cobb County but without the necessity of an election as in the case of original obligations bonds of said County, and then shall be validated in the manner and under the procedure as is provided by law for 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 and with the Yeas and Nays thereon, the Governor is hereby directed to have this proposal published on 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 ~aid 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 amendments to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Cobb 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 Cobb County to issue Funding Bonds, thereafter to operate on a cash basis and for other purposes", And if the majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, when the results shall be consolidated as ,now required by law in elections for members of the General Assembly then said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law, but, only if this amendment received the majority of votes as specified in Section 1A hereof.

Section 3. Be it further enacted, that all laws and parts of law, 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:

Arnold Atkinson Bacon

Bloodworth of 22nd Bloodworth of 23rd Brock

Byrd Clements Cooper

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JOURNAL OF THE SENATE,

Dantzler Ennis Estes Eubank Forrester Foster Fowler Griner Hall Hampton Harrison

Hollis Ingram Kennedy Kennon Kimbrough Lester Millican Moore Newton Oden Peterson

Pope Preston Raynor Simmons Stark
Terr~ll
Thigpen Whitworth of 30th Whitworth of 38th Williams Mr. President

Not voting were Ansley, Arnall, Boyett, Dean, Jones, Kaigler, Lovett, Martin, Pittman and Shannon.

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.

SB 81. By Senator Arnold of the 26th:
A bill to amend an act, relating to the effect of filing for record mortgages, bills of sale, contracts ; to provide for renewal of such notice ; 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 31, nays 0.

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

SB 82. By Senator Arnold of the 26th:
A bill to provide that transfers by executors or administrators with the will annexed under common form probate, of registered bonds, certificates, shares, etc., shall be valid; and for other purposes.

The report 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. SB 84. By Senator Arnold of the 26th:
A bill to provide for intermediate reports and accountings by fiduciaries; to change the time for filing annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes.

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355

Senator Arnold of the 26th asked unanimous consent that SB 84 be postponed until February 16th and the consent was granted.
SB 98. By Senators Atkinson of the 1st, Pope of the 7th; and Raynor of the 4th: A bill to repeal section 29-409 of the code of 1933 and substituting a new section to provide deeds executed out of this state when properly attested or acknowledged by certain officers of the army or navy, or consul or vice consul may be recorded in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, havin~ received the requisite constitutional majority, was passed.
SB 117. By Senators Gross of the 31st, Atkinson of the lst, Lester of the 18th and others: A bill to abolish the present state board of public welfare and establish a state board of social security to consist of the director and ten additional members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 108. By Senators Arnold of the 26th and Estes of the 35th: A bill to amend section 85-1803 of the code of 1933 to provide a notation on the page of the books of account of the assignor of an account receivable that the account is assigned is notice to all except the debtor of the assignment; and for other purposes.
The report 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.
SB 125. By Senators Kaigler of the 12th and Pope of the 7th: A bill providing where a vacancy in the office of sheriff occurs because of entrance in the armed forces the Governor shall fill the vacancy for the unexpired term, or until the former sheriff is mustered out of service; and for oth,er 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 59. By Messrs. Fortson of Wilkes and Durden of Dougherty: A resolution that the state treasurer and/or all other state officials or employees having control of payment of wages to constitutional or statutory elective or appointive officers and others be authorized to withhold, collect and pay victory tax on wages over deductions allowable; 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 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 252. By Messrs. Hand of Mitchell, Durden of Dougherty, and Caldwell of Troup: A bill to amend chapter 92-67 of the code of 1933 relating to assessment of property under certain circumstances; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Dean of the 34th asked unanimous consent that HB 252 and 262 be immediately transmitted to the House and the consent was granted.
SR 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Ingram of the 51 s, Kennedy of the 2nd and Foster of the 40th:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Paragraph II of Section I of Article II of the Constitution of the State of Georgia relating to the qualifications of electors in this State, by providing the age and qualifications for electors; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph II of Section I of Article II of the Constitution of the State of Georgia, as follows :

"Every male citizen of this State who is a citizen of the United States, twentyone years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shaH be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State." be, and the same is, hereby amended by striking Paragraph II of Section I of Article II, as above set out, in its entirety, and that in lieu thereof a new Paragraph to be substituted, to be known as Paragraph II of Section I of Article II, and which shall read as follows:

"Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualification provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State."

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 entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which Constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to Constitutional amendments.

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'.

Senator Griner of the 45th asked unanimous consent to be recorded as voting "aye" and retire, and the consent was granted.

The vote was as follows:

Those voting in the affrmative were Senators:

Ansley Atkinson Bloodworth of 22nd Bloodworth of 23rd Boyett Brock

Byrd Cements Dantzler Ennis Eubank Forrester

Foster Fowler Griner Hampton Harrison Hollis

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Ingram Kennedy Kennon Kimbrough Lester Martin Millican

Moore Newton Oden Peterson Pittman Pope Preston

Those voting in the negative were Senators:

Arnold Bacon Dean

Estes Hall Lovett

Raynor Shannon Simmons Terrell Thigpen Whitworth of 30th Williams
Stark Whitworth of 38th

Not voting were Arnall, Cooper, Jones, and Kaigler.

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

On the adoption of the resolution, the ayes were 39, nays 8.

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

Senator Dean of the 34th asked unanimous consent that SR 15- be immediately transmitted to the House, and the consent was granted.

Senator Bloodworth of the 22nd moved that the Senate agree to the House amendment to the following bill of the Senate to wit:

SB 58. By Senator Bloodworth of the 22nd:
A bill to amend an Act approved August 3, 1927, entitled "An Act to reenact the charter of the City of Macon;" and for other purposes.

The House offered the following amendment:
By striking section 2 of said bill and inserting a new section with the same number which shall read as follows:
"Section 2. Be it further enacted by the aforesaid authority that said second paragraph of Section 27 be and the same is, hereby reenacted to read, as changed and reenacted, as follows:
The mayor shall receive a salary of Five Thousand Dollars ($5,000.00) per annum, and shall be ex-officio a member of the Joint Board of Health. He shall hold office for a term of two years and until his successor is elected and qualified. He shall be eligible for election for two successive two year terms, and no incumbent shall hold office for more than four years in succession. When any incumbent has held .office for two successive two-year terms he shall not again be eligible for election until one or more two-years terms shall have intervened provided, however, the present incumbent shall be eligible for re-election for one two year term in addition

THURSDAY, FEBRUARY 11, 1943

359

to the term he is now serving. He shall be the chief executive officer of the City, and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as herein set forth. It shall be his duty to see that the laws of the State, and ordinances of the City are faithfully executed within the limits of the territory over which the City government extends. He shall keep the Council advised, from time to time, of the general condition of the City and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the city hall, and devote as much time as may be necessary to the business of the City each day, and shall not be absent from the State for a longer time than six (6) days together, without permission of the Council."
On the motion to agree, the ayes were 35, nays 0, and the amendment was adopted.
Senator 1\-Iillican of the 52nd moved that the Senate agree to the House amendment to the following bill to wit:
SB 40. By Senator Millican of the 52nd:
A bill to amend chapter 79-section 501 of the code of 1933, entitled "Change of names; manner; petition" by adding at the end of said section 501 a provision requiring publication of the county official organ; and for other purposes.
The House amendment was as follows:
By Mr. Whipple of Bleckley:
Amend SB 40, to add after the word "objections" in paragraph and 2 of section 1 a new sentence as follows:
"That said notice, or citation shall fix a date on or before which all objections to the granting of the relief prayed for must be filed in the court, and, if no such objection is so filed, the court shall proceed in vacation, at chambers, thereupon, or at any later date fixed, to hear, and determine all matters raised by the petition, and to render final judgment or decree therupon".
On the motion to agree, the ayes were 35, nays 0, and the amendment was adopted.
The following bill of the House was read the third time and taken up for consideration:
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, MeN all of Chatham and others:
A bill to abolish the department of revenue and the office of state revenue commissioner, and to create the department of finance and taxation; and for other purposes.

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JOURNAL OF THE SENATE,

The Committee on State of Republic offered a substitute to the bill.
Senator Gross of the 31st offered an amendment to the substitute.
Senator Stark of the 33rd moved that the Senate do now adjourn and the motion was lost.
During the reading of the substitute and amendment the following Senators asked unanimous consent to vote "aye" on the substitute and amendment and retire, and the consents were granted:
Senators Brock of the 37th, Simmons of the 8th, Pittman of the 42nd, Whitworth of the 30th, Bloodworth of the 22nd, Bloodworth of the 23rd, Dantzler of the 43rd and Fowler of the 39th.
Senator Lester of the 18th moved that the Senate do now adjourn.
On the motion to adjourn the ayes were 22, nays 5, and the motion prevailed.
The bill under consideration at the time of adjournment was carried over as unfinished business.
The president announced the Senate adjourned until Monday morning at 10 o'clock.

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361

Senate Chamber, Atlanta, Georgia.
Monday, February 15, 1943.
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 Dantzler of the 43rd reported that the Journal of Thursday'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 Atkinson of the 1st asked unammous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 1a. First reading and reference of Senate and House bills. 2. Reports of standing Committees. 3. Second reading of bills and resolutions favorably reported. 4. Consideration of local uncontested bills and resolutions. 5. Consideration of general bills and resolutions.
The president introduced to the Senate, Mrs. Atkinson, wife of Senator Atkinson of the 1st.
The president introduced to the Senate, Mrs. Boyett and son, Bob, wife and son of Senator Boyett of the 11th.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills
and resolutions of the House to wit:
HB 68. By Mr. Mixon of Irwin: A bill to provide for the regulation by the Georgia public service commission of the installations, containers and equipment used in the installation, storage, handling, transportation, dispensing and utilization of liquefied petroleum gases; and for other purposes.
HB 91. By Mr. Sheppard of Heard:

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A bill to repeal section 32-904 of the code of 1933, providing the amount of compensation payable to members of county boards of education; and for other purposes.
HB 94. By Messrs. Burnside of McDuffie, and Rountree of Emanuel: A bill to amend section 24-602 of the code of 1933, by providing for the furnishing of the necessary blank forms and dockets to justices of the peace and constables; and for other purposes.
HB 251. By Messrs. Hand of Mitchell, and Kendrick of Fulton: A bill to amend an act known and designated as the "Unemployment compensation law" by clarifying the terms of said act as amended and by providing for the succession of the experience rating of an employer; and for other purposes.
HB 264. By Mr. Looper of Dawson: A bill to repeal an act to create a board of commissioners of roads and revenues of the County of Dawson; and for other purposes.
HB 270. By Messrs. Battles and Mills of Decatur: A bill granting to the commissioners of roads and revenues of Decatur county the authority to provide for an air space safety zone upon certain property within the unincorporated areas of Decatur county; and for other purposes.
HB 272. By Mr. Greene of Schley: A bill to consolidate the office of tax receiver and the tax collector in the County of Schley; and for other purposes.
HB 273. By Mr. Clarke of Catoosa: A bill to repeal an act to abolish the board of roads and revenues of the County of Catoosa; to create a board of commissioners of roads and revenues in and for the County of Catoosa; and for other purposes.
HB 274. By Mr. Clarke of Catoosa: A bill to create the office of commissioner for the County of Catoosa; to provide-for his election and recall; and for other purposes.
HB 279. By Mr. Boone of Wilkinson: A bill to amend an act creating the board of commissioners of Wilkinson county; by repealing section 7 of said act relating to the quroum, pay and county attorney of said board; and for other purposes.
H B 282. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 32-902 of the code of 1933 so as to provide that in

MONDAY, FEBRUARY 15, 1943

363

DeKalb county a member of the county board of education shall be ineligible to succeed himself; and for other purposes.
HB 287. By Messrs. Hatchett and Thompson of Meriwether: A bill to amend an act fixing the compensation of the treasurer of Meriwether county; and for other purposes.
HB 289. By Mr. Smiley of Liberty: A bill to amend an act creating a board of roads and revenues of Liberty county, by striking from section 14 of said act the following: "Four dollars for each day's actual service, provided, that no commissioner shall be paid for more than 25 days service in one year;" and for other purposes.
HB 290. By :Ylr. Gaston of Butts: A bill to amend an act incorporating the Town of Pepperton, so as to change and define the limits of said town; and for other purposes.
HB 295. By Mr. Pannell of Murray: A bill to amend an act in reference to commissioners of roads and revenues of Murray county to provide for working streets and roads in incorporated towns; and for other purposes.
HB 298. By Mr. Hefner of Pickens: A bill to abolish the office of tax receiver and tax collector of Pickens county, and for other purposes.
HB 299. By Mr. Mcintosh of Mcintosh: A bill to amend an act to. consolidate the offices of tax receiver and tax collector of Mcintosh county; so as to provide a different method of compensation; and for other purposes.
HB 303. By Mr. Gholston of Madison: A bill to fix the status of the Madison County Academy by recognizing the same as an integral part of the common school system of Madison county; and for other purposes.
HB 304. By Mr. Gholston of Madison: A bill to amend an act to incorporate the City of Danielsville, so as to confer on the mayor and city council the power and authority to regulate the use of the !>treets for business purposes; and for other purposes.
HB 305. By Mr. Dunn of Lamar: A bill to amend an act to confer additional powers upon the corporate authorities of the Town of Barnesville; to amend the charter of said city; and for other purposes.

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JOURNAL OF THE SENATE,

HB 306. By Mr. Dunn of Lamar: A bill to create a board of commissioners of roads and revenues in and for the County of Lamar; and for other purposes.
HB 308. By Mr. Pirkle of Forsyth: A bill to authorize the board of tax assessors of the County of Forsyth to use the services of freeholders of said county in an advisory capacity and attend upon its sessions as such advisors; and for other purposes.
HB 309. By Mr. Pirkle of Forsyth: A bill to direct and empower the board of registrars of the County of Forsyth to correct the list of persons qualified to vote in said county six months prior to the next general election; and for other purposes.
HB 314. By Mr. Medders of Bacon: A bill to require all county officers of Bacon county, except the county surveyor and corner; to execute a bond with one or more reputable and solvent indemnity companies as surety; and for other purposes.
HB 315. By Mr. Medders of Bacon: A bill to amend an act creating a new charter for the Town of Alma, so as to change and extend the corporate limits of said town; and for other purposes.
HB 316. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act entitled "Bulloch tax commissioner", to provide that certain fees shall be paid to the tax commissioner; and for other purposes.
HB 321. By Mr. Heard of Elbert: A bill to amend an act to incorporate the City of Boman, to provide that it shall not be necessary for persons already registered to be registered each year in order to be qualified to vote; and for other purposes.
HB 324. By Messrs. Smith and Reid of Carroll: A bill to fix the salary for the jailer of Carroll county in addition to the fees and compensation under the general law to be paid out the county treasury of Carroll county; and for other purposes.
HB 326. By Mr. Easler of Crawford:
A bill to amend an act creating a board of roads and revenues for the County of Crawford to divide the county into four commissioner districts; and for other purposes.
HB 328. By Mr. Thigpen of Glascock:

MONDAY, FEBRUARY 15, 1943

365

A bill to repeal an act creating a board of roads and revenues of the County of Glascock; and for other purposes.
HB 334. By Mr. Daves of Dooly: A bill to amend an act amending an act creating a board of roads and revenues of the County of Dooly; so as to change the term of office for which the members of the board are elected; and for other purposes.
HB 341. By Mr. Dunn of Lamar: A bill to repeal an act to create a board of commissioners of roads and revenues of the County of Lamar; and for other purposes.
HB 348. By Mr. Strickland of Haralson: A bill to repeal an act to abolish the offices of tax receiver and tax collector of Haralson county; and to re-create said offices; and for other purposes.
HB 349. By Mr. Gaston of Butts: A bill to amend an act creating a board of commiSSIOners of roads and revenues of Butts county, so as to define a quorum of said board and the powers of less than the full board; to fix the salary of clerk at $900 per annum; and for other purposes.
HB 354. By Mr. Thomas of Chattoo~a: A bill to amend an act to abolish a board of commiSSIOners of Chattooga county; to create a new board of commissioners of roads and revenues of Chattooga county; and for other purposes.
HB 359. By Messrs. Turner, Broome, and Hubert of DeKalb: A bill to fix the date of general primary elections in DeKalb county; and for other purposes.
HB 360. By Messrs. Turner, Broome, and Hubert of DeKalb: A bill to amend an act to abolish the office of tax receiver and tax collector of DeKalb county; to fix the salary of the tax commissioner; and for other purposes.
HB 372. By Mr. Johnson of Chattahoochee: A bill to amend an act creating a board of roads and revenues of Chattahoochee county; to reduce the board from five to three members; and for other purposes.
HB 374. By Messrs. Smith and Roughton of Washington: A bill to amend an act approved March 15, 1935, to increase the compen-

366

JOURNAL OF THE SENATE,

sation of the county commissioner of Washington county; and for other purposes.
HB 369. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton: A biii to authorize boards of education of cities or counties of a population in excess of 300,000 to establish and operate schools on a 24 hour basis; and for other purposc:s.
H B 332. By Mr. Cannon of Rockdale: A hili to prohibit and regulate, within Rockdale county the solicitation of votes for any person or proposition; and for other purposes.
HB 355. By Mr. Thomas of Chattooga: A hili to amend an act establishing the city court of Chattooga to fix the salary of the judge at $1200 per annum; and for other purposes.
HB 329. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton: A bill to change the method of fixing the salaries of several officials of Fulton county; and for other purposes.
HB 247. By Mr. Reynolds of Clayton: A bill to amend an act known as "Clayton commissioners-amendments," to repeal the abolition cf the Panhandle district; and for other purposes.
HB 364. By Mr. Peck of Dade: A hili to authorize and direct the ordinaries and county treasurers of all counties in the state having the population of 5,900 and 5,890, to pay the sheriff of said counties the sum of $100 per month in addition to fees and compensations; and for other purposes.
HB 395. By Mr. Hogg of Marion: A bill authorizing the commissioner of roads and revenues of Marion county to pay the premium on the bond of the county treasurer of said county, and for other purposes.
HB 399. By Mr. Rossee of Putnam: A bill to amend an act creating a board of commissioners of roads and revenues for the County of Putnam relieving the board of commissioners from publishing monthly reports of county affairs; to provide that members of the board of commissioners shall be bonded; and for other purposes.
HB 400. By Mr. Willoughby of Clinch: A bill to amend an act creating the county court of Clinch, by providing that in case of a vacancy in the office of the solicitor of said court, the

MONDAY, FEBRUARY 15, 1943

367

vacancy shall be filled by appointments by the Governor for the unexpired term; and for other purposes.
HB 404. By Mr. Padgett of Echols: A bill to provide for the division of Echols county into three commissioner's districts; and for other purposes.
HB 366. By Mr. Easler of Crawford: A bill to provide for holding two regular terms of the superior court of Crawford county; and for other purposes.
HB 375. By Mr. Fussell of Webster: A bill to amend an act to create the office of commissioner of roads and revenues oi the County of Webster; to fix the salary of the commissioner at $1800 per annum; and for other purposes.
HB 376. By Mr. Fussell of Webster: A bill to amend an act approved August 8, 1931 (Ga. Laws 1931 pp. 610-613) abolishing the office of tax receiver and tax collector of Webster county; to fix the salary of the tax commissioner; and for other purposes.
HB 386. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the Cobb county commissioner's act, authorizing the sale or leasing the county farm property; and for other purposes.
HB 390. By Mr. Daves of Dooly: A bill to amend an act amending an act creating a board of commissioners of roads and revenues of the County of Dooly, so as to change the term of office for which the members are elected or appointed, and to provide for their compensation; and for other purposes.
HR 57. By Mr. Heard of Elbert and Burton of Lee: A resolution to appropriate $2000 to Willoughby Beauchamp for injuries received in line of duty; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House to wit:
HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd: A bill to amend the acts incorporating the City of Rome, so as to provide for the creation of a retirement fund; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:

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JOURNAL OF THE SENATE,

SR 44~ _By Senators Shannon of the 21st Cooper of the 14th, Bloodworth of the 23rd, and others: A resolution to memorialize Congress to authorize the construction of a bridge across the Ocmulgee River at some suitable location opposite or in proximity to Warner-Robbins Field and Cochran Field in the County of Houston, providing quick access and direct connection to Camp Wheeler in the County of Bibb; and for other purposes.
SR 45. By Senators Gross of the 31st, Pope of the 7th, Millican of the 52nd and others: A resolution inviting the Honorable Fred G. McAlister of London, Ontario, to address a joint session in the hall of the House of Representatives Feb. 19, 1943.
The House has passed by substitute, by the requisite constitutional majority the following bills of the Senate to wit:
SB 43. By Senator Millican of the 52nd: A bill authorizing the superior courts of the state to hear and determine the time and place and birth of persons on petition for establishment of birth certificates, giving residence and certified copy of the judgment of court and filing with the permanent records of the state department of health;' and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 75. By Messrs. Harris of Richmond, Elliott of Muscogee, and others: A resolution authorizing the governor and commissioner of agriculture to convey a certain lot or tract of land located in Evans county, to the trustees and their successors; and for other purposes.
HR 76. By Mr. Boynton of Union: A resolution conveying certain lands in Union county to Union county, from the State of Georgia; and for other purposes.
HR 82. By Messrs. Harris of Richmond, Elliott of Muscogee, and others: A resolution providing that Frank D. Foley be elected a member of the Western and Atlantic railroad commission to succeed A. H. Freeman, deceased; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 99. By Senator Bacon of the 28th:

MONDAY, FEBRUARY 15, 1943

369

A bill to amend an Act to create a board of commissioners of roads and revenues in and for the County of Morgan; to fix the salary of clerk at $65 per month; and for other purposes.

SB 103. By Senator Moore of the 32nd:
A bill to amend an Act creating the boards of commissioners of roads and revenues for the County of Lumpkin, by striking the provision for two additional members; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 143. By Senators Lester of the 18th, Millican of the 52nd, Arnold of the 26th:
A bill to regulate the manufacture, baking, mix, compound, sale or offer for sale of flour and bread; to require the enrichment of flour and bread by the addition of vitamins and minerals; and for other purposes.

Referred to Committee on State of Republic.

SB 144. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, and Dean of the 34th:
A bill to repeal an act relative to publication of proposed amendments to the constitution; and for other purposes.

Referred to Committee on Amendments to the Constitution.

SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, and Dean of the 34th:
A bill to amend existing laws relative to general election to provide for a general election to be known as the August general election, to be held bienniaily on Tuesday after the first Monday in August, beginning in 1943 ; and for other purposes.

Referred to Committee on State of Republic.

SR 47.

By Senator Lester of the 18th:
A resolution authorizing the state treasury department to destroy old correspondence and records which are no longer of material value; and for other purposes.

Referred to Committee on State of Republic.

SR 48. By Senator Fowler of the 39th:
A resolution endorsing the home gardening program advocated by the secretary of agriculture and national administration; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Agriculture.

SR 49.

By Senators Atkinson of the 1st, and Pope of the 7th: A resolution designating Wednesday, February 24, 1943 as "Army-Navy Salvage Day" and requesting all businesses to close and aid local salvage committees; and for other purposes.

Referred to Committee on Conservation.

The following bills and resolutions of the House were read the first time and referred to committees:
HB 68. By ;\I r. Mixon of Irwin:
A bill to provide for the regulation by the Georgia public service commission of the installation, containers and equipment used in the installation, storage, handling, transportation, dispensing and utiliz1ttiolf"- qf liquefied petroleum gases; and for other purposes.

Referred to Committee on State of Republic.

HB 91. By Mr. Sheppard of Heard:
A bill to amend section 32-904 of the code of 1933 providing the amount of compensation payable to members of county boards of education by changing the amount of such compensation, from per diem not to exceed $2.00 for each day's actual service, so as to provide that such per diem shall not exceed $5.00; and for other purposes.

Referred to Committee on Education and Public Schools.

HB 94. By ;\lr. Burnside of McDuffie and Rountree of Emanuel: A bill to amend section 24-602 of the code of 1933, relating to the furnishing of dockets to justices of the peace; and for other purposes.
Referred to Committee on State of Republic.

HB 247. By Mr. Reynolds of Clayton:
A bill to amend an act known as "Clayton commissioners-amendments," to repeal the abolition of Panhandle militia district; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 251. By Messrs. Hand of Mitchell and Kendrick: of Fulton:
A bill to amend an act known and designated as the "Unemployment compensation law" by clarifying the terms of said act as amended by providing for the succession of the experience rating of an employer; and for other purposes.
Referred to Committee on Industrial Relations.

:\10NDAY, FEBRUARY 15, 1943

371

HB 264. By Mr. Looper of Dawson: A bill to repeal an act to create a board of commJSSJoners of roads and revenues of Dawson county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 270. By Messrs. Battles and Mills of Decatur: A bill granting to the commissioners of roads and revenues of Decatur county the authority to provide for an air-space safety zone upon certain property situated adjacent to airports within the unincorporated areas of Decatur county; and for other purposes.
Referred to Committee on Aviation.
HB 272. By Mr. Greene of Schley: A bill to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 273. By Mr. Clark of Catoosa: A bill to repeal an act to abolish the board of roads and revenues of the County of Catoosa; to create a board of commissioners of roads and revenues; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 274. By Mr. Clark of Catoosa: A bill to create the office of commissioner for the County of Catoosa; to provide for his election and recall; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 279. By Mr. Boone of Wilkinson: A bill to amend an Act creating the board of commissioners of Wilkinson county; by repealing section 7 of said act relating to the quorum, pay and county attorney of said board; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 282. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 32-902 of the code of 1933 so as to provide that in DeKalb County a member of the county board of education shJll be ineligible to succeed himself; and for other purposes.
Referred to Committee on Education and Public Schools.
HB 287. By Messrs. Hatchett and Thompson of Meriwether:

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JOURNAL OF THE SENATE,

A bill to amend an act fixing the compensation of the treasurer of Meriwether county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 289. By Mr. Smiley of Liberty: A bill to amend an act creating a board of roads and revenues of Liberty county, by striking from section 14 of said act the following: "Four dollars for each day's actual service, provided, that no commissioner shall be paid fQr more than 25 days service in one year"; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 290. By Mr. Gaston of Butts: A bill to amend an act incorporating the Town of Pepperton, as to change and define the limits of said town; and for other purposes.
Referred to Committee on Municipal Government.
HB 295. By Mr. Pannell of Murray: A bill to amend an act in reference to commissioners of roads and revenues of Murray county to provide for working streets and roads in incorporated towns; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 298. By Mr. Hefner of Pickens: A bill to abolish the office of tax receiver and tax collector of Pickens county; to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 299. By Mr. Mcintosh of Mcintosh: A bill to amend an act to consolidate the offices of tax receiver and tax collector of Mcintosh county; so as to provide a different method of compensation; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 303. By Mr. Gholston of Madison: A bill to fix the status of the Madison County Academy by recognizing the same as an integral part of the common school system of Madison county; and for other purposes.
Referred to Committee on Education and Public Schools.
HB 304. By Mr. Gholston of Madison:

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A bill to amend an act to incorporate the City of Danielsville, so as to confer on the mayor and city council the power and authority to regulate the use of the streets for business purposes; and for other purposes.
Referred to Committee on Municipal Government.
HB 305. By Mr. Dunn of Lamar: A bill to amend an act to confer additional powers upon the corporate authorities of the Town of Barnesville, to amend the charter of said city; and for other purposes.
Referred to Committee on Municipal Government.
HB 306. By Mr. Dunn of Lamar: A bill to create a board of commissioners of roads and revenues m and for the County of Lamar; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 308. By Mr. Pirkle of Forsyth: A bill to authorize the board of tax assessors of the County of Forsyth to use the services of free holders of said county in an advisory capacity and attend upon its sessions as such advisors; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 309. By Mr. Pirkle of Forsyth: A bill to direct and empower the board of registrars of the County of Forsyth to correct the list of persons qualified to vote in said county six months prior to the next general election; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 314. By Mr. Medders of Bacon: A bill to require all county officers of Bacon county, except the county surveyor and coroner; to execute a bond with one or more reputable and solvent indemnity companies as surety; and for other purposes.
Referred to Committee on Counties and County Matters. HB 315. By Mr. Medders of Bacon:
A bill to amend an act creating a new charter for the Town of Alma, so as to change and extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 316. By Messrs. Deal and Brunson of Bulloch:

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A bill to amend an act entitled "Bulloch tax commissioner", to provide that certain fees shall be paid to the tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 321. By Mr. Heard of Elbert: A bill to amend an act to incorporate the City of Bowman in the County of Elbert, to provide that it shall not be necessary for persons already registered to be registered each year in order to be qualified to vote; and for other purposes.
Referred to Committee on Municipal Government.
HB 324. By Messrs. Smith and Reid of Carroll: A bill to fix a salary for the jailer of Carroll county in addition to the fees and compensation allowed under the general law to be paid out of the county treasury of Carroll county, at the end of each month; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 326. By Mr. Easler of Crawford: A bill to amend an act creating the board of commissioners of roads and revenues for the County of Crawford; to divide the county into four commissioner districts; and for other purposes.
Referred to Committee on Counties and County Matters:
HB 328. By Mr. Thigpen of Glascock: A bill to repeal an act creating a board of commiSSioners of roads and revenues for the County of Glascock; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 329. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton: A bill to change the method of fixing the salaries of the clerk of the superior court, tax collector, tax receiver, ordinary, and sheriff of Fulton county, and to set the amounts of such salaries by law; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 332. By Mr. Cannon of Rockdale: A bill to prohibit and to regulate within the territorial limits of Rockdale county the solicitation of votes for any person or proposition; and for other purposes.
Referred to Committee on Counties and County Matters.

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HB 334. By Mr. Daves of Dooly: A bill to amend an act approved August 13, 1929, amending an act creating a board of commissioners of roads and revenues for the county of Dooly, so as to change the term of office for which the members are elected or appointed, and to provide for their compensation; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 341. By Mr. Dunn of Lamar: A bill to repeal an act to create a board of comm1ss1oners of roads and revenues in and for the County of Lamar; and for other purposes.
Referred to Committee on Counties and County l\1atters.
HB 348. By Mr. Strickland of Haralson: A bill to repeal an act to abolish the offices of tax receiver and tax collector for Haralson county, and to recreate the offices of tax receiver and tax collector for Har~lson county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 349. By Mr. Gaston of Butts: A bill to amend the act creating the board of commissioners of roads and ,revenues of Butts county, relating to the annual salary of the clerk; defining a quorum of said board; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 354. By Mr. Thomas of Chattooga: A bill to amend an act to abolish the board of commissioners of roads and revenue of Chattooga county; to create a new board of commissioners of roads and revenues of said county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 355. By Mr. Thomas of Chattooga: A bill to amend an act to establsh the city court of Chattooga county, to fix the salary of the judge at $12000 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 359. By Messrs. Turner, Hubert, Broome of DeKalb: A bill to fix the date of general primary elections in DeKalb county; and for other purposes:
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 360. By Messrs. Broome, Hubert and Turner of DeKalb: A bill to amend an act to abolish the office of tax receiver and tax collector of DeKalb county, by striking the limitations as to the salary fixed by the county commissioner; and for other purposes.
Refern:d to Committee on Counties and County Matters.
HB 364. By Mr. Peck of Dade: A bill to authorize and direct the ordinaries and county treasurers, of all counties having a population of not more than 5,900 nor less than 5,890, because of the extra duties imposed on the sheriffs of such counties by reason of national defense and home guard activities, to pay the sheriffs of said counties the sum of $100 per month in addition to the fees and compensation paid to said sheriffs; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 369. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to authorize boards of education of cities or counties of a population in excess of three hundred thousand to establish and operate schools of a twenty-four hour basis and to pay the cost thereof; and for other purposes.
Referred to Committee on Education and Public Schools.
HB 372. By Mr. Johnson of Chattahoochee: A bill to amend an act relating to the board of commissioners of roads and revenues of Chattahoochee county; to reduce the board from five to three members; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 374. By Messrs. Smith and Roughton of Washington: A bill to amend an act to increase the compensation of the county commissioners of Washington county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 366. By Mr. Easler of Crawford: A bill to provide for holding two regular terms of the superior court of Crawford county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 375. By Mr. Fussell of Webster: A bill to amend an act to create the office of commtsstoner of roads and revenues of the County of Webster; to fix the salary of the commissioner at $1800 per annum; and for other purposes.

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377

Referred to Committee on Counties and County Matters.
HB 376. By Mr. Fussell of Webster: A bill to amend an act abolishing the office of tax receiver and tax collector of Webster county; to fix the salary of the tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 386. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the Cobb county commissioner's act, so as to authorize the sale or leasi11g of the county farm property; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 390. By Mr. Daves of Dooly: A bill to amend an act amending an act relating to the board of commissioners of roads and revenues of Dooly county; to change the terms of office of the members; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 395. By Mr. Hogg of Marion: A bill authorizing the commissioner of roads and revenues of Marion county to pay the premium on the bond of the county treasurer of said county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 399; By Mr. Rossee of Putnam: A bill to amend an act relating to board of commissioners of roads and revenue for the county of Putnam; to abolish monthly publication of reports; and for other purposes.
. .Referred to Committee on Counties 1nd County Matters.
HB 400. By Mr. Willoughby of Clinch: A bill to amend an act creating the county court of Clinch, by providing that in case of a vacancy in the office of the solicitor of said court it shall be filled by appointment by the Governor for the unexpired term; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 404. By Mr. Padgett of Echols:

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JOURNAL OF THE SENATE,

A bill to provide for the division of Echols county into three commissioner's districts; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 76. By Mr. Boyton of Union: A resolution proposing that upon the payment of $1.00 to the State of Georgia, department of natural resources, division of state parks, historic sites and monuments, by Union county that certain lands be reconveyed to Union county in fee simple; and for other purposes.
Referred to Committee on Public Property.
HR 75. By Mr. Brewton of Evans: A resolution authorizing the Governor and the commissioner of agriculture acting for and on behalf of the State of Georgia, to convey to the trustees a certain lot or tract of land located in the City of Claxton, 1607th G. M. District of Evans county; and for other purposes.
Referred to Committee on Agriculture.
HR 82. By Messrs. Harris of Richmond, Copland, Smith and Elliott of Muscogee: A resolution naming Frank D. Foley to succeed A. H. Freeman, deceased, as a member of the Western and Atlantic railroad commission; and for other purposes.
Referred to Committee on Western and Atlantic Railroad.
HR 59. By Messrs. Heard of Elbert, and Burton of Lee: A resolution to appropriate $2,000 to Willoughby Beauchamp and $750.00 to Harold Langston for injures sustained while in line of duty as highway patrolmen; and for other purposes.
Referred to Committee on Appropriations. Mr. Hollis of the 24th Distri~t, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing have read and examined the following bills
and/or 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:
SB 81
SB 82
SB 98

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379

SB 108 SB 111 SB 117 SB 120 SB 123 SB 124 SB 125 SR 44

Respectfully submitted, M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment have read and examined the following bills andjor 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 Governor:

SB 40

SB 42

SB 58

Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

Mr. Ingram of the 51st 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:
SB 89. Do Pass
Respectfully submitted, R. A. Ingram, of 51st district,
Chairman.

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JOURNAL OF THE SENATE,

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. President:
Your Committee on State of Republic have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 11. Do Pass by Substitute of Committee HB 156. Do Pass
Respectfully submitted, Lester, of 18th district, Chairman.
Mr. Moore of the 32nd 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:
SB 128. Do Pass SB 133. Do Pass HB 248. Do Pass as amended HB 249. Do Pass by substitute HB 228. Do Pass HB 261. Do Pass HB 301. Do Pass
Respectfully submitted, G. H. Moore, of 32nd district, Chairman.

Mr. Terrell of the 19th District, Chairman of the Committee on General Judiciary No. 1, s\bmitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the

MONDAY, FEBRUARY 15, 1943

381

following bills of the Senate and have instructed me as Chairm:m, to report the same back to the Senate with the following recommendations:
SB 101. Do Pass SB 110. Do Pass SB 127. Do Not Pass
Respectfully submitted, Terrell, of 19th district, Chairman.

The following bills of the Senate and House, favorably reported by the committees, were read for the second time:
SB 89. By Senator Brock of the 37th: A bill to amend the charter of the City of Carrollton to provide that the mayor and council may issue executions or fifas for any licenses, fees, fines or forfeitures, paving assessments, taxes, or other indebtedness due the city; and for other purposes.
SB 101. By Senator Whitworth of the 38th: A bill to amend the law relative to the revision of jury lists, to provide any person may petition the jury commissioners to place his name in the jury box; and for other purpose~.
SB 110. By Senator Dean of the 34th: A bill to provide for the suspension upon petition of parties at interest of any trustee, administrator, executor, or guardian who enters the war service, and for appointment of a successor; and for other purposes.
SB 128. By Senator Ingram of the 51st: A bill to create a board of commissioners of roads and revenues for Forsyth county; and for other purposes.
SB 133. By Senator Eubank of the 20th: A bill to change from the fee to a salary system certain county officers in Columbia county; and for other purposes.
HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, Grayson of Chatham, Gowen of Glynn, and others:
A bill to abolish the department of natural resources, together with the subdivisions of said department known as the division of wild life, the division of mines; and for other purposes.

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JOURNAL OF THE SENATE,

HH 228. By Mr. Littlejohn of Floyd: A bill to amend an act to define, regulate and license real estate brokers and real-estate salesmen in counties having a population of 50,000 or more; and for other purposes.
HB 261. By Mr. Wells of Telfair: A bill to amend the act creating the office of commiSSIOner of roads and revenues of tho: County of Telfair and providing for the salary of the clerk; and for other purposes.
HB 248. By Mr. Reynolds of Clayton: A bill to repeal an act to create a board of commiSSIOners of roads and revenues for Clayton county; and for other purposes.
HB 249. By Mr. Reynolds of Clayton: A bill to create the office of commissioner of roads and revenues for the County of Clayton; and for other purposes.
HB 301. By Mr. Pruitt of Lumpkin: A bill to amend an act creating the board of commiSSIOners of roads and revenues for the County of Lumpkin, by striking the provision for two additional members; and for other purposes.
The following bills and resolutions were read the third time and put upon their passage:
SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th and others: 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, 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.
SB 18. By Senators Dean of the 34th, Ennis of the 20th, Harrisor: of the 17th, and others: 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 15, 1943

383

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 19. By Senators Foster of the 40th, Ennis of the 20th, Harrison of the 17th, and others: A bill to amend section 88-801 of the code of 1933 relating to registration by owners of explosives and obtaining a license authorizing ownership, possession and control of same by providing that the ordinary may refuse to issue a license upon finding of certain facts; and for other purposes.
The report 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.
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, McNall of Chatham, and others: A bill to abolish the department of revenue and the office of state revenue commissioner, and to create the department of finance and taxation; to provide for the appointment, term of office, compensation of the commissioner of finance and taxation; to abolish the state board of tax appeals; and for other purposes.~
The Committee on State of Republic offered a substitute.
Senator Fowler of the 39th offered the following amendment to the substitute:
Amend HB 124 by striking the words and figures "six thousand dollars ($6,000.00)" on page 2, line 10 and 11, of the original substitute and inserting in lieu thereof" the words and figures "five thousand dollars ($5,000.00) ."
On the adoption of the amendment, Senator Fowler of the 39th called for the ayes and nays, and the call was not sustained.
The amendment was lost.
Senator Millican of the 52nd offered the following amendment:
Amend HB 124, Section 2, line 6, of the printed substitute, by striking the word "six" and substituting the word "four" and striking in line 7, of the printed substitute, the words "January 1, 1944" and substituting in lieu thereof the words "February l, 1947".
The amendment was adopted.
Senator Gross of the 31st offered the following amendment:

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JOURNAL OF THE SENATE,

Amend HB 124; by adding at the end of Section 18, thereof the following:
"All petitions for review filed and now pending before the board of tax appeals shall be and they are hereby declared to be in the same position as if the ruling, order, finding or assessment of the commissioner therein complained of and sought to be reviewed had been affirmed by the board of tax appeals; and all such rulings, orders, findings or assessments now pending for review before the board of tax appeals shall be final and conclusive unless the taxpayer who filed said petition for review shall, within thirty (30) days from the date of the passage of this act, appeal said ruling, order, finding or assessment to the superior court in the manner provided by code section 92-8446, except that in the case of a foreign corporation domesticated in Georgia the appeal shall be made within the time herein prescribed to the superior court of the county in which such foreign corporation was domesticated in Georgia."
The amendment was adopted.
The substitute, as amended, was as follows:
A Bill to be entitled-An Act to amend an Act approved January 3, 1938, (Ga. Laws Ex. Session 1937-38, page 77), known as the Act creating the Department of Revenue, and providing for the administration of taxing laws, by fixing the salary of the State Revenue Commissioner; by abolishing the State Board of Tax Appeals; by providing for the discharge of the duties and functions of said Board; by providing for the assessment of property required to be returned for ad valorem taxation by certain corporations and companies to the State Revenue Commissioner; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia:
Section 1. That the Act of the General Assembly approved January 3, 1938, (Ga. Laws Ex. Session 1937-38, p. 77) entitled "An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon SUfh commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization ordrs of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal to the Board from the Superior Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes," be and the same is hereby amended by striking from Chapter II, section 2, thereof the words and figures "Forty-eight hundred dollars ($4,800.00)" and inserting in lieu thereof the words

MONDAY, FEBRUARY 15, 1943

385

and figures "Six thousand dollars ($6,000.00) ," so that said Section 2 of Chapter II shall read as follows:
"Section 2. Creation of Department and Office. Salary, bond, oath. The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate for a term of four years, provided, however, the first term beginning at the time of appointment and running to February I, 1947. The Commissioner shall receive a salary of six thousand dollars ($6000.00) annually, payable monthly. Before entering upon the performance of his duties he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to seventy thousand dollars ($70,000), the premium on which shall be paid by the State. The Commissioner shall be reqnired to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers."
Section 2. That said Act of January 3, 1938, be, and the same is hereby further amended by striking and repealing all of Sections 18, 19, 20, 21, 22, 23 and 24 of Chapter III thereof, which said sections create a State Board of Tax Appeals, and provide for the ;-eview of decisions of the State Revenue Commissioner, and substituting in lieu thereof new sections to be numbered section 18, section 19, and section 20, which shaH read as follows:
"Section 18: Except as otherwise provided by this Act, all matters, cases, claims and controversies, of whatsoever nature, arising in the administration of the revenue laws, or in the exercise of the jurisdiction of the State Revenue Commissioner or the Department of Revenue, as conferred by this act, shall be for determination by the State Revenue Commissioner, subject to review by the courts as provided for by Section 45 of Chapter IV of this Act. The effect of this section shall be that, except as hereinafter provided, all final rulings, orders and judgments of the State Revenue Commissioner shall be subject to appeal and review under Section 45 of this act in the same manner, under the same procedure, and as fully, as if same had been considered and passed upon by the State Board of Tax Appeals. Any such appeal from a final ruling, order, or judgment of the State Revenue Commissioner shall be entered within the time prescribed by Section 45 of the Act: Provided, however, that nothing herein contained, and no provision of this Act, shall be construed to deprive a taxpayer against whom an execution for taxes has been issued under an assessment by the State Revenue Commissioner of the right to resist enforcement of the same by affidavit of illegality.
"All petitions for review filed and now pending before the Board of Tax Appeals shall be and they are hereby declared to be in the same position as if the ruling, order, finding or assessment of the Commissioner therein complained of and sought to be reviewed had been affirmed by the Board of Tax Appeals; and all such rulings, orders, findings or assessments now pending for review before the Board of Tax Appeals shall be final and conclusive unless the taxpayer who filed said petition for

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JOURNAL OF THE SENATE,

review shall, within thirty (30) days from the date of the passage of this Act, appeal said ruling, order, finding or assessment to the Superior Court in the manner provided by Code Section 92-8446, except that in the case of a foreign corporation domesticated in Georgia the appeal shall be made within the time herein prescribed to the Superior Court of the County in which such foreign corporation was domesticated in Georgia.
"Section 19. The proVIsions of the foregoing section with reference to reviewing assessments of the State Revenue Commission shall not apply to assessments for ad valorem taxation against any person, corporation or company which was required by Chapter 92-59 of the Code of 1933 to return his or its property for ad valorem taxation to the Comptroller-General and is now required by such chapter and this Act of January 3, 1938, to make such returns to the State Revenue Commissioner. The State Revenue Commissioner shall carefully scrutinize such returns made to him, and if in his judgment the property embraced therein is returned below its value or the return is false in any particular, or in any wise contrary to law, he shall, within sixty days thereafter, correct the same and assess the value, from any information available. If any such person, corporation or company shall be dissatisfied with the assessment or correction of such returns as made by the State Revenue Commissioner or the Department of Revenue, such taxpayer shall have the privilege, within twenty days after notice of such assessment and correction, to refer the <J;Uestion of true value or amount to arbitrators as provided by Chapter 92-60 of the Code of Georgia of 1933. Such arbitrators shall consist of one chosen by the taxpayer and one chosen by the governor. If the arbitrators thus chosen shall be in disagreement, they shall choose an umpire. If such arbitrators disagree and shall fail to select an umpire within thirty days after receiving notice of their appointment, the Chief Justice of the Supreme Court of Georgia shall select an umpire. Every arbitrator or umpire chosen hereunder shall be a citizen of Georgia. The award shall be made by the arbitrators or by the arbitrators and the umpire, as the case may be, within thirty days from the appointment or selection of such umpire. The decision and award of the arbitrators or of the arbitrators and the umpire shall be subject to appeal and review in the same manner as decisions and orders of the State Board of Tax Appeals were subject to appeal and review under the terms of Section 45 of this Act.
"Section 20. Sections 92-7004 to 92-7006 of the Code of Georgia of 1933, which relate to arbitration of State Revenue Commission's equalization of county assessments are hereby repealed. Chapter 92-60 (Section 92-6001 to 92-6007) of the Code of Georgia of 1933, as modified by the provisions of the foregoing Section 19, shall continue and remain in full force and effect as if fully set forth herein."
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
Senator Millican of the 52nd asked unanimous consent to be recorded as voting "no" on the amendment offered by Senator Fowler and "aye" on the other amendments, substitute and the bill, and the consent was granted.

MONDAY, FEBRUARY 15, 1943

387

Senator Estes of the 35th asked unanimous consent to be recorded as voting "no" on the amendment offered by Senator Fowler and "aye" on the other amendments, substitute and the bill, and the consent was granted.
Senator Lester of the 18th called the previous question and the call was sustained.
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of th'e bill by substitute, 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 by sub~titute as amended.
SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th, and others: A bill to create the positions of judges emeritus, to provide for the eligibility of persons for appointment to such position; to provide for the method of appointment to such positiQns and salaries; and for other purposes.
Senator Atkinson of the 1st offered the following amendment:

Amend SB 90 by adding a section to be appropriately numbered as follows: "This bill shall become effective on July 1, 1943."
The amendment was adopted.
Senator Simmons of the 8th 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 as amended.
On the passage of the bill, the ayes were 28, nays 5.
The bill having received the requisite constitutional majority, was passed as amended.
Senator Lester of the 18th asked unanimous consent that SB 90 be immediately transmitted to the House and the consent was granted.
Senator Pittman of the 42nd moved that the Senate recede from its position in amending the following bill of the House to wit: HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to amend an act incorporating the City of Rome; to create a retirement fund for employees; and for other purposes.

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JOURNAL OF THE SENATE,

On the motion to recede, the ayes were 29, nays 0, and the motion prevailed.
The following bill of the Senate was read the third time and taken up for consideration:
SB 51. By Senator Bloodworth of the 22nd: A bill to amend section 92-5712 of the code of 1933, providing for proportionate tax payments and release from tax liens by owners or holders of any equity lien; and for other purposes.
Senator Bloodworth of the 22nd asked unanimous consent that the bill be postponed until February 23, 1943, and the consent was granted.

The following resolution of the House was read and adopted:

HR 89:
A resolution inviting the Honorable Beardsley Ruml to address a joint session of the General Assembly in the hall of the House of Representatives on Tuesday, February 16, 1943, at 11:00 a. m., central war time; and for other purposes.
The following bills of the House were read the third time and put upon their passage:

HB 44. By Messrs. Weaver, Barfield and Wilson of Bibb and others:

A bill to provide for the maintenance by the department of public welfare of the negro division of the Georgia training school for girls ; and for other purposes.

Senator Millican of the 52nd called 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.

The president ruled that the bill involved an appropriation and a roll call was ordered.

The vote was as follows:

Those voting in the affirmative were Senators:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock

Byrd Clements Dantzler Dean Ennis Forester Fowler Hall

Harrison Ingram Kaigler Kennedy Kennon Kimbrough Lovett Martin

:\10NDAY, FEBRUARY 15, 1943

389

Millic::n Moore Newton Oden Peterson Pittman

Pope Preston Raynor Simmons Stark Terrell

Thigpen Whitworth of 30th Whitworth of 38th Williams

Those not voting were Senators Arnall, Cooper, Estes, Eubank, Foster, Griner, Hampton, Hollis, Jones, Lester, and Shannon.

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 majority, was passed.

HB 172. By Messrs. Price and Hill of Clarke:
A bill to authorize any and all eleemosynary or religious corporations heretofore created or hereafter chartered in Georgia, by virtue of their existence for the propagation of the gospel to exercise and carry on certain powers; and for other purposes.

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

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

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

Senator Williams of the 5th moved that the Senate resolve itself into executive session to consider a sealed communication from His Excellency, the Governor, and the motion prevailed.

The Senate went into executive session at 12:45 o'clock and was dissolved at 1 :10 o'clock.

The following communication was transmitted to His Excellency, the Governor, through Henry W. Nevin, secretary of the Senate:

Henry W. Nevin, Secret::~ry

The State Senate Atlanta

Hon. Ellis Arnall, Governor, State Capitol, Atlanta, Georgia.

February 15, 1943.

Dear Governor:
Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows:

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Nominations sent to the Senate by you this date were confirmed as follows:
Hon. Arthur Cheatham, of the County of Bibb, to be Director of the Veteran's Service Office, for a term of two years, beginning February 15, 1943, and expiring February 15, 1945. The vote on this confirmation was 42 to 0.
Hon. Alton Cogdell, of the County of Sumter, to be Director of the Milk Control Board, for a term beginning February 15, 1943, and continuing at the pleasure of the Governor. The vote on this confirmation was 41 to 0.
Hon. Stonewall H. Dyer, of the County of Coweta, to be a member of the State Board of Workmen's Compensation, and Chairman of the said Board, for a term of four years, beginning February 8, 1943, and expiring February 8, 1947. The vote on this confirmation was 42 to 0.
Hon. A. Morris Kelly, of the County of Walton, to be a member of the State Board of Workmen's Compensation, for a term of four years, beginning February 15, 1943, and expiring February 15, 1947. The vote on this confirmation was 42 to 0.
Respectfully yours,
Henry W. Nevin, Secretary of Senate.
Mr. Boyett of the 11th 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/or 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 Governor:
SR 44.
SB 99.
SB 103.
Respectfully submitted,
R. L. Boyett of 11th district, Chairman.
Senator Fowler of the 39th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 c'clcck tomorrow morning.

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391

Senate Chamber, Atlanta, Georgia.
Tuesday, February 16, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 1a. First reading and reference of Senate and House bills.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. Consideration of local uncontested bills and resolutions.
5. Consideration of general bills and resolutions. The consent was granted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 33. By Senator Griner of. the 45th: A resolution to authorize the director of the motor vehicle division of the the state revenue department to provide for the issuance of metal date strips for motor vehicle license tags in lieu of the two metal number plates as required by law; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 73. By Senators Gross of the 31st, Forester of the 44th and Kennedy of the 2nd:

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A bill to amend an Act to create a department of public safety for Georgia; and for other purposes.
The House has passed by the requ1s1te constitutional majority the following bills and resolutions of the House to wit:
HB 402. By Messrs. Gowen and Gilbert of Glynn:
A bill to propose an amendment to article 6, section 7, paragraph 1, of the constitution so as to authorize the General Assembly in its discretion to abolish justice courts and the office of justice of peace and notary public ex-officio justice of peace in Glynn county, and to establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; and for other purposes.
HB 413. By Messrs. Durden of Dougherty, Smith of Dougherty, Miller of Lanier, and others:
A bill to provide entertainment on Sunday for the men in the armed forces of the United States; and for other purposes.
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, and others:
A bill to create and establish a board to be known as agricultural and industrial board of Georgia; to provide for the appointment and terms of office of a chairman and members of the board; to define its functions and duties; and for other purposes.
HB 14. By Messrs. Foster of Paulding, Gowen of Glynn, and others:
A resolution proposing an amendment of article V of the constitution to create a state game and fish commission; and for other purposes.
HR 91. By Messrs. Culpepper of Fayette, Weaver of Bibb, and others:
A resolution proposing an amendment to article 6, section 2, of the constitution relative to bills of exception in the supreme court and court of appeals; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House to wit:
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, McNall of Chatham and others:
A bill to amend an act creating the department of revenue, and providing for the administration of taxing laws, by fixing the salary of the state revenue commissioner; by abolishing the state board of tax appeals; by providing for the discharge of the duties and functions of said board; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:

TUESDAY, FEBRUARY 16, 1943

393

SB 146. By Senator Harrison of the 17th:
A bill to provide for the adoption of an official trade mark for Georgia farm products; to prevent imitation and infringement; to provide for packs and grades and other classifications of farm products; and for other purposes.
Referred to Committee on Agriculture.
SB 147. By Senator Lester of the 18th: A bill to amend section 113-1409 of the code of 1933 relating to filing of annual returns by administrators and executors to provide for filing returns within 30 days after the expiration of one year, and in January each year thereafter; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 148. By Senator Lester of the 18th: A bill to amend section 113-2301 of the code of 1933 to provide where a temporary administrator is later appointed permanent administrator, and gives bond with the same surety he gave as temporary administrator, the order of the ordinary discharging him shall relieve he and his surety both as temporary and permanent administrators; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 149. By Senator Estes of the 35th: A bill to pnwide the amount of flour, grits or corn meal, when purchased for repacking, shall be placed in each sack; to provide the amount of cement, plaster, potatoes and seeds to be placed in each bag; and for other purposes.
Referred to the Committee on Manufacturers.
SB 150. By Senator Estes of the 35th: A bill to amend the unemployment compensation law to provide persons who leave work to marry shall receive no benefit, and persons leaving work for self-employment or individuals discharged for dishonesty shall receive no benefits; and for other purposes.
Referred to Committee on Industrial Relations.
SB 151. By Senator Shannon of the 21st: A bill to repeal an act to provide for the holding of two terms of the Twiggs superior court each year; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 152. By Senator Shannon of the 21st:

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JOURNAL OF THE SENATE,

A bill providing for two regular terms of the superior court in Twiggs county on the 2nd Mondays in April and October each year; and for other purposes.
Referred to the Committee on Counties and County Matter:>.
SB 153. By Senator Ennis of the 20th: A bill to amend section 66-103 of the code of 1933 relating to amount of wages of a deceased employee exempt from garnishment, to raise the amount from $300.00 to $500.00; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 154. By Senator Bacon of the 28th: A bill to repeal an act to provide for redemption of real estate sold for taxes, and set up rules for making svch redemption; and for other purposes. Referred to Committee on Finance.
SR SO. By Senator Dean of the 34th:
A resolution allocating the sum of $2500.00 for the expenses of the Interstate Cooperative Committee on Councils of State Government; and for other purposes.
Referred to the Interstate Cooperative Committee of Council of State Government.
SR Sl. By Senators Lovett of the 16th, Kennedy of the 2nd, Harrison of the 17th, and others: A resolution requesting the federal government and secretary of agriculture to take action to forestall a threatened food shortage; and for other purposes. Referred to Committee on State of Republic.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, and others: A bill to create and establish a board to be known as agricultural and industrial board of Georgia; to provide for the appointment and terms of office of a chairman and members of the board; to define its functions and duties; and for other purposes. Referred to Committee on State of Republic.
HB 402. By Messrs. Gowen and Gilbert of Glynn: A bill to propose an amendment to article 6, section 7, paragraph 1 of the

TUESDAY, FEBRUARY 1o, 1943

395

constitution so as to authorize the General Assembly in It~ discretion to abolish justice courts and the office of justice of pea-:e in Glynr. county; and for other purposes.
Referred to the Committee on Amendments to the Consti~u:;on.
HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt, :mJ others: A bill to provide entertainment on Sunday for the men in the armed forces of the United States; and for other purposes.
Referred to the Committee on State of Republic.
HR 14. By Messrs. Foster of Paulding, Gowen of Glynn, and others: A resolution proposing an amendment of article V of the constitution of the state to create a state game and fish commission and to provide for their appointment, terms of office, compensation, powers and duties; and for other purposes.
Referred to Committee on Amendments to the Constitution.
HR 91. By Messrs. Culpepper of Forsyth, Weaver of Bibb, and uthers: A resolution proposing an amendment to article 6, section 2, of the constitution relative to bills of exception in the supreme court and court of appeals; and for other purposes.
Referred to Committee on Amendments to the Constitution.

Mr. Ingram of the 51st 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:
HB 290. Do Pass.
HB 315. Do Pass.
Respectfully submitted,
R. A. Ingram of 51st district, Chairman.
Mr. Ansley of the lOth 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 same back to

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JOURNAL OF THE SENATE,

the Senate with the _following recommendations: SB 136. Do Pass. Respectfully submitted, C. C. Ansley of lOth district, Chairman.

Mr. Kennon of the 6th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President: Your Committee on Insurance have had under consideration the following bills
of the House and Senate and have instructed me as Chairman, to report the sanie back to the Senate with the following recommendations:
SB 138. Do Pass.
SB 126. Do Pass.
HB 67. Do Pass by substitute.
Respectfully submitted,
Kennon of 6th district, Chairman.

Mr. Terrell of the 19th 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:
SB 83. Do Not Pass.
HB 89. Do Pass.
Respectfully submitted,
Terrell of 19th district, Chairman.

Mr. Lester of the 18th 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

TUESDAY, FEBRUARY 16, 1943

397

back to the Senate with the following recommendations: SB 119. Do Pass by committee substitute. Respectfully submitted, Lester of 18th district, Chairman.

Mr. Lester of the 18th 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 recommendations:

SB 116. Do Pass.

HB 177. Do Pass.

SR 47. Do Pass.

SB 140. Do Pass.

SB 142. Do Pass.

SB 145. Do Pass.

SB 137. Do Pass.

SB 143. Do Pass.

HB 94. Do Pass.

Respectfully submitted,

Lester of 18th district, Chairman.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 126. By Senators Gross of the 31st, Atkinson of the 1st and Millican of the 52nd:
A bill to amend section 24-102 of the code of 1933, so as to provide that no judicial officer shall be disqualified from sitting in any cause or proceeding because of being a policy holder or being related to a policy holder of a mutual insurance company which has no capital stock; and for other purposes.
SB 136. By Senators Millican of the 52nd, Pittman of the 42nd and Dantzler of the 43rd:

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JOURNAL OF THE SENATE,

A bill to amend title 58, section 608, of the code of 1933, entitled "Drunkenness in public places; power of municipal corporations to legislate"; and for other purposes.
SB 137. By Senator Pittman of the 42nd and Hall of the 50th:
A bill to amend section 92-6907 of the code of 1933 providing the eligibility of tax assessors to hold other offices; and for other purposes.
SB 138. By Senators Arnall of the 36th and Harrison of the 17th:
A bill to provide for the licensing of resident agents to represent companies writing fire, casualty and marine insurance or fidelity and surety bonds; and for other purposes.
SB 140. By Senator Ennis of the 20th:
A bill to amend section 54-205 of the code of 1933 relating to the hours of labor by all persons under 21 years of age in all manufacturing establishments or machine shops other than cotton and woolen establishments and the time of meals and contracts, by changing the age from 21 years to 18 years; and for other purposes.
SB 142. By Senators Millican of the 52 and Arnold of the 26th: A bill to authorize the establishment and the maintenance of common trust funds; and for other purposes.
SB 143. By Senators Lester of the 18th, Millican of the 52nd and Arnold of the 26th: A bill regulating the manufacture of flour and bread to require the enrichment of flour and bread; and for other purposes.
SB 145. By Senators Gross of the 31st, Atkinson of the 1st and Pope of the 7th:
A bill to create and establish a state-wide general election in addition to those elections now provided for under existing laws, to provide how and when held, to provide for what purposes such general elections shall be held; and for other purposes.
SR 47. By Senator Lester of the 18th: A resolution to authorize the state treasurer to destroy old records found to be of no material value in order to provide space for current records; and for other purposes.
HB 89. By Messrs. Weaver of Bibb, Culpepper of Fayette and Gowen of Glynn: A bill to amend an act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; so as to exclude therefrom certain mort-

TUESDAY, FEBRUARY 16, 1943

399

gages and other instruments relating to property owne!I by, or leased to, any railroad corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad; and for other purposes.
HB 94. By Messrs. Burnside of McDuffie and Rountree of Emanuel: A bill to amend section 24-602 of the code of 1933, relating to the furnishing of dockets to justices of the peace; and for other purposes.
HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd and Fortson of Wilkes: A bill to amend an act to create a department of public safety by providing certain fees for the sheriffs of the several counties of this state; and for other purposes.
HB 290. By Mr. Gaston of Butts: A bill to amend an act incorporating the Town of Pepperton, so as to change and define the limits of said town; and for other purposes.
HB 315. By Mr. Medders of Bacon: A bill to amend an act creating a new charter for the Town of Alma, so as to change, enlarge and extend the corporate limits; and for other purposes.
The following bills were read the third time and placed upon their passage:
SB 89. By Senator Brock of the 37th: A bill to amend the charter of the City of Carrollton; to provide that the mayor and council may issue fifas; and for other purposes.
The report 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.
SB 133. By Senator Eubank of the 20th: A bill to change from the fee to the salary system in counties with population of not less than 9433 nor more than 9633, the clerk of the superior court, the sheriff, and the tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received. the requisite constitutional majority, was passed.
HB 228. By Mr. Littlejohn of Floyd:

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JOURNAL OF THE SENATE,

A bill to amend an act to define, regulate and license real estate brokers and real estate salesmen in counties having a population of 50,000 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 261. By Mr. Wells of Telfair: A bill to amend the act creating the office of commtsswner of roads and revenues of the County of Telfair relating to the salary of the clerk of said commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Atkinson of the 1st asked unanimous consent that the following bill be recommitted to the Committee on the State of Republic:
SB 119. By Senators Gross of the 31st, Atkinson of the 1st and others: A bill to provide for confirmation by the Senate of all appointees of the Governor to boards, commissions, bureaus and public offices; and for other purposes.
The consent was granted.
Senator Lester of the 18th asked unanimous consent that the following bill be recommitted to the Committee on the State of Republic: SB 116. By Senators Lester of the 18th, Atkinson of the 1st and others:
A bill to create a state highway commission of ten members and to abolish the state highway board; and for other purposes.
The consent was granted.
Senator Moore of the 32nd asked unanimous consent that the following bill be tabled: H B 301. By Mr. Pruitt of Lumpkin:
A bill to amend an act creating the board of commtsswners of roads and revenues for the County of Lumpkin; by striking the provision for two additional members; and for other purposes.
The consent was granted:

TUESDAY, FEBRUARY 16, 1943

401

The president appointed as a committee to escort Hon. Beardsley Ruml to the joint session of the Senate and House, provided for in a former resolution, the following:
Senators Thigpen of the 49th and Griner of the 45th.
Senator Simmons of the 8th asked unanimous consent that the following bill be recommitted to the Committee on the State of Republic:
SB 95. By Senator Simmons of the 8th: A bill to rt'quire that the ingredients of paint shall he shown on labels, together with the name of the manufacturer; and for other purposes.
The consent was granted.
Senator Lester of the 18th asked unanimous consent that the following bill be recommitted to the Committee on Special Judiciary:
SB 56. By Senator Lester of the 18th: A bill to provide for the application for marriage license, the issuing of marriage license, and the marriage of persons within this state; and for other purposes.
The consent was granted.
The president introduced to the Senate the wives of Senator Lester of the 18th, Senator Simmons of the 8th and Senator Peterson of the 15th.
The following bills and resolutions were read the third time and put upon their passage:
HB 248. By Mr. Reynolds of Clayton: A bill to repeal an act to create a board of commJssJoners of roads and revenues for Clayton county; and for other purposes.
The Committee on Counties and County Matters offered the following amendment:
"Amend section 2 by striking same in its entirety and substituting in lieu thereof the following: "Section 2. This act shall become effective on the first Monday m January, 1945."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

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HB 249. By Mr. Reynolds of Clayton:
A bill to create the office of commissioner of roads and revenues for the County of Clayton; and for other purposes.
The Committee on Counties and County Matters offered the following substitute:
An Act-To create a Commissioner of Roads and Revenues for Clayton County, Georgia; to provide for his election and qualifications and fix his term of office; to fix his compensation and provide his expense account and to fix his bond, and to prescribe his powers and duties; to provide for a clerk for said commissioner and to fix his duties and his bond and his compensation; to provide for the recall of the commissioner; to prevent the commissioner or clerk from speculating in or purchasing county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or his clerk is interested; to provide for the publication of his acts and the auditing of his books; to provide for election of his successor in case of vacancy; and for other purposes.

Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:
Section 1. That there shall be created and is hereby created a Commissioner of Roads and Revenues for Clayton County, Georgia, to be known as Commissioner of Roads and Revenues for said county, whose term of office shall be for four years; and said Commissioner of Roads and Revenues shall be elected by the qualified voters of said county at the general State election in November, 1944, and a Commissioner of Roads and Revenues of said Clayton County shall be elected at such general elections every four years thereafter and each such Commissioner of Roads and Revenues shall go into office on the first Monday in January after his election. No political party shall ever nominate a candidate for said office by a plurality vote but shall require the successful candidate for nomination by said politic;! party to obtain a majority of the vote in a second primary election in which said election the two candidates receiving the highest number of votes in the fir~t election shall be the only candidates.
Section 2. Be it further enacted by the authority aforesaid that any person to be eligible to hold said office of Commissioner of Roads and Revenues must be at least thirty years of age, must have been a bona fide resident and citizen and tax payer in said county ten years or more prior to his election, shall be a freeholder in said county by owning land by fee simple title thereto, said land to be in said county. The said Commissioner shall be ineligible to hold any other office of the county or of the State of Georgia or of the United States during his term of office as such. He shall devote his entire time to the duties of said office.
Section 3. Be it further enacted by the authority aforesaid, that in the event of a vacancy in the office of Commissioner of Roads and Revenues of Clayton County, by reason of death, resignation or otherwise, the ordinary of said county

TUESDAY, FEBRUARY 16, 1943

403

shall serve as such Commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the ordinary of said county, or in his absence, by the Clerk of the Superior Court of Clayton County, which said special election shall be held within thirty days after the death, resignation, or other cause resulting in such vacancy.
Section 4. Be it further enacted by the authority aforesaid, that the Commissioner shall have his office in the courthouse in Jonesboro, in said county and shall keep said office open for business of the county on the first Tuesday in each month and shall select one regular day of each week in which he shall remain in his office for the transaction of public business in connection with his office and he shall call special meetings in his office at his discretion, and if he should move his office from said courthouse to any other place then his term of office shall terminate at once and the Ordinary of the county shall call an election to determine his successor, said election to be held within thirty days from the removal of said office from said courthouse.
Section 5. Be it further enacted by the authority aforesaid, that said commissioner shall, before entering upon the duties of his office, make and subscribe to an oath, before the ordinary of said county, to faithfully discharge his duties and carry out the provisions of this act, to the best of his skill and knowledge and to the best interest of the entire county of Clayton, he shall before entering upon the duties of said office give bond with good security to be approved by the ordinary of the county, in the sum of five thousand dollars, payable to the ordinary of the county and his successors in office and conditioned for the faithful discharge of said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of the ordinary, either on his own motion or by the direction of the grand jury of the county. Said commissioner is authorized to pay the annual premi'ums due on s:oid bond if signed by surety company out of the public funds of the county.
Section 6. Be it further enacted by the authority aforesaid, that the salary of said commissioner shall be Twenty Four Hundred ($2400.00) dollars per annum, to be paid monthly. The county shall furnish said commissioner with gasoline and oil for his automobile when used for county purposes and he shall be allowed five cents per mile for use of his automobile when used for county purposes only, which said allowance shall not exceed three hundred ($300.00) dollars per year.
Section 7. Be it further enacted by the authority aforesaid that said commissioner shall have exclusive jurisdiction and control of the following matter, to-wit: in directing and controlling all the property of the county; in levy taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, brid~s and ferries according to law; in supervising the Tax Commissioners books and in allowing the insolvent list of the county of Clayton; in settling all claims, charges and demands against the county of Clayton; in examining and auditing all claims and accounts of officers against the county of Clayton; in examining and a:uditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Clayton County or appropriated for its use or

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benefit and in bringing all such officers to settlement; in electing or appointing all minor officers of said couj;ty, where an election is not otherwise provided by law or the provisions of this act; to have and exercise control and management over the convicts of said county, according to the laws of this State and to exercise such other powers as ar<! granted by law or are indispensable to the carrying out the provisions of this act.

Section 8. Be it further enacted by the authority aforesaid, that the ordinary of said county is hereby empowered and directed to call an election to remove said commissioner from his office at any time within thirty days after a petition signed by one-third of the qualified, registered voters of said county has been filed with said ordinary, in which said petition the recall of the said commissioner is demanded. At such election so called by the ordinary the said commissioner shall be entitled to be a candidate, if otherwise qualified, and if he is successful in said election shall be entitled to serve the remainder of his term. If he is defeated in said election he shall be immediately removed from office and shall turn said office over to his successor. In said election no candidate shall be declared elected unless he shall have obtained a majority of all the votes cast in said election and in case no candidate shall receive a majority of the votes cast in said election the ordinary shall call another election in which the two candidates receiving the highest vote in the first election shall be the only candidates.

Section 9. Be it further enacted by the authority aforesaid that said Commis-

sioner is empowered and required to employ and engage the services of a Clerk who

shall hold said office of Clerk at the will of said Commissioner and shall draw a

salary to be fixed by said Commissioner not to exceed $1200.00 per year, payable

monthly. Said Clerk shall before entering upon the duties of said office furnish a

bond payable to said Commissioner or his successors in office in the sum of $5000.00,

conditioned upon the faithful performance of his duties as such clerk. Said Clerk

shall be at least 21 years of age and not related to said Commissioner by blood or

marriage. It shall be the duty of said Clerk, to attend all meetings of said Com-

missioner on the first Tuesdays in each month and at such times as the Commissioner

may require and to keep a minute of the proceedings in a book kept for that pur-

pose. He shall draw all warrants against county funds which said warrants shall

be signed by him and the said Commissioner. All warrants drawn against the

county funds shall specify the funds against which they are drawn, and the Clerk

of said Commissioner shall keep a book which may be the stub of such warrant,

which shall show the amount of the warrant drawn, to whom payable and on which

fund drawn and for what consideration. Said Clerk shall devote his entire time

to the duties of said office and shall keep reasonable office hours in the office of

said Commissioner of Roads and Revenue& at the courthouse of said county. If said

Clerk shall furnish a bond signed by a surety company the premiums of said bond

shall be paid from the public funds of said county.



Section 10. Be it further enacted by the authority aforesaid, that it shall be illegal for the Commissioner of Roads and Revenues of Clayton County or the Clerk of said Commissioner to purchase warrants drawn on the county funds and it shall also be illegal for them or either of them to speculate in such warrants. It

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405

shall be unlawful for said Commissioner to employ any person related to him by blood or marriage, except county attorney and county physician, within the third degree or to contract with such person for any material, equipment or supplies, except the same be upon competitive bids and the person so related submits the lowest bid therefor. All purchases of supplies and other materials of an amount in excess of $300.00 shall be by competitive bids with advertisement of said purchases to be published in the county newspaper two weeks before the date of purchase. It shall be a misdemeanor and punishable as such for said Commi~sioner to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for the county of Clayton and upon conviction such Commissioner shall be removed from office.

Section 11. Said Commissioner of Roads and Revenues shall employ a competent certified public accountant to make an audit of the county financial affairs within sixty days after the first day of January of each year and copies of this audit shall be filed with the Ordinary and the Clerk of the Superior Court for inspection of the public. Said Commissioner shall as soon as practicable after the first Tuesday in each month publish in the county newspaper a statement of all expenditures for the month preceding provided such newspaper will publish such statement for not exceeding $5.00 per month. The office of said Commissioner and the records kept therein shall be open to inspection by the tax payers of said county at reasonable office hours. Said Commissioner shall be the exclusive purchasing agent of said county, except that the Ordinary and the Clerk of the Superior Court of said county may make purchases of office supplies for their respective offices in amounts not exceeding $100.00.

Section 12. Said Commissioner of Roads and Revenues shall have authority to employ a county physician and a county attorney if necessary, in such manner and for such compensation as will best serve the provisions of law and the best interest of the county.

Section 13. Should any of the sections of this act be held to be unconstitutional

or invalid for any reason, only such section, or sections, shall be affected and the

remainder of said act shall remain in full force and effect.



Section 14. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and the same are hereby repealed.

The 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 128. By Senator Ingram of the 51st:
A bill to create a board of commissioners of roads and revenues for Forsyth county; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ingram of the 51st asked unanimous consent that SB 128 be immediately transmitted to the House, and the consent was granted.

HR 36. By Messrs. Kendrick of Fulton, Broome of DeKalb and others: A resolution to suspend one-half of the license tax on automobile and truck dealers in used cars as levied under the general act; 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.
The resolution, having received the requisite constitutional majority, was adopted.

HR 37. By Messrs. Kendrick of Fulton, Broome of DeKalb and others: A resolution confirming suspension of one-half of a license tax levied by the state on automobile and truck dealers, said suspension being by executive order, dated the 28th day of January, 1942; 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 I"esolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 33. By Messrs. Welsch and Dorsey of Cobb: A resolution to designate the first Sunday in June as "SHUT-IN DAY" for the sick; 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 84. By Senator Arnold of the 26th: A bill to provide for intermediate reports and accountings by fiduciaries;

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407

to change the time for filing annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes.
The report of the committee, which was favorable of 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.
SB 11. By Senators Pittman of the 42nd, Gross of the 31st and others:
A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.
The Committee on the State of Republic offered the following substitute:
A Bill-To be entitled an Act to limit the amount of money that may be expended or obligated by or on behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No disbursement shall be made and no obligation, t>xpress or implied, to make such disbursement shall be incurred by or on behalf of any candidate for the office of Governor, with his knowledge and consent, in his campaign for nomination, which shall in the aggregate, be in excess of Twenty-five Thousand ($25,000.00) Dollars, and in his campaign for election, which shall, in the aggregate, be in excess of Twenty-five Thousand ($25,000.00) Dollars.
Section 2. All candidates for Governor shall prepare and file with the Comptroller General, as prescribed by the Georgia Code Section 34-2001, of the Code of Georgia 1933, an itemized statement, under oath, of all money expended in such campaign by the candidate, his managers, agents or employees, and showing the purposes for which used and the source from which such funds were derived.
Section 3. Any candidate who shall knowingly and wilfully violate any provision of this Act shall be guilty of a misdemeanor for each separate violation thereof and upon conviction shall be punished therefor. Provided, however, that no prosecution under this Act shall be commenced except upon the recommendation, after investigation, of the Attorney General of Georgia. If the offending candidate has been elected Governor, he shall be subject to impeachment before the General Assembly of Georgia for any willful violation of this Act.
Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by

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substitute, was agreed to. On the passage of the bill, the ayes were 31, nays I.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 33. By Senator Pittman of the 42nd:
A bill to amend an act to provide that all justices of the peace and notaries public, ex-officio justices may require a deposit of $2.45 in all civil cases; and for other purposes.
Senator Pittman of the 42nd moved that the Senate postpone action on the bill until February 23, 1943, and the motion prevailed.
SB 96. By Senators Atkinson of the 1st, Pope of the 7th and others: A bill to fix the time for general and primary elections in Georgia; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend by adding at the end of section 3 the following: "Provided in counties of over 200,000 population according to the 1940 or any future census the hour of holding elections shall be from 7 A. M. to 7 P. M. at all polling places in the county."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Lovett of the 16th asked unanimous consent that SB 96 he immediately transmitted to the House and the consent was granted.
SB 97. By Senators Preston of the 27th and Gross of the 31st: A bill to provide that the supreme court shall employ a person or persons to prepare and compile the acts of the general assembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:

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409

Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Dantzler Dean Ennis Estes

Eubank Forester Foster Fowler Griner Hall Ingram Kaigler Kennedy Kennon Kimbrough Lester Lovett

Martin Newton Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell WhitWorth of 30th Williams

Not voting were Senators Ansley, Cooper, Hampton, Harrison, Hollis, Jones, Millican, Moore, Oden, Thigpen and Whitworth of the 38th.
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 majority, was passed.

HB 156. By Messrs. Harris of Richmond, Durden of Dougherty and others: A bill to abolish the department of natural resources, together with the subdivisions of said 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpost> of considering a House amendment thereto:

SB 73. By Senators Gross of the 31st, Forester of the 44th and others:
A bill to amend an act to create a department of public safety by providing certain fees for the sheriffs of the several counties of this state; and for other purposes.
The House offered the following amendment:
Mr. Gowen of Glynn moves to amend SB 73 by adding to section 1, the following: "In the event the sheriff of the court to which the case is returnable is on a salary, the fee shall be paid into the county treasury."
Senator Kennedy of the 2nd moved that the Senate concur in the House amendment to Senate Bill No. 73.

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JOURNAL OF THE SENATE,

On the motion to concur the ayes were 36, nays 0, and the amendment was concurred in.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 12. By Senators Arnall of the 36th, Gross of the 31st and others: A bill to reorganize the state department of law by repealing code sections 40-1607, 40-1608 relating to the department of law, attorney general, ass-istant attorneys general, employment of counsel; and for other purposes.
The House offered the following amendment:
House Committee on State of Republic moves to amend Senate Bill No. 12 by making the period at the end of Section 3 a comma and by adding on the following words: "or such assistant attorney general may be removed by the attorney general with the approval of the Governor."
Senator Arnall of the 36th moved that the Senate concur in the House amendment to Senate Bill No. 12.
On the motion to concur the ayes were 35, nays 0, and the amendment was concurred in.
Senator Whitworth of the 38th asked unanimous consent that the following bill be recommitted to the Committee on General Judiciary No. 1.
SB 101. By Senator Whitworth of the 38th: A bill to amend the law relative to the revision of jury lists, to provide any person may petition the jury commissioners to place his name in the jury box; and for other purposes.
The consent was granted.
The hour for convening the joint session of the Senate and House having arrived, the president and secretary, accompanied by the senators, retired to the hall of the House of Representatives where they were addressed by the Honorable Beardsly Ruml, chairman of the board of the Federal Reserve Bank of New York and treasurer of R. H. Macy and Company of New York.
The joint session was called to order by the president.
The secretary read the resolution convening the joint session.
Following the address of Honorable Beardsly Ruml, Mr. Durden of Dougherty moved that the joint session be now dissolved and the motion prevailed.
The Senate reconvened in regular session and resumed the transaction of business.
The following communications were read by the secretary:

TUESDAY, FEBRUARY 16, 1943

411

United States Senate Committee on Finance Walter F. George, Ga., Chairman
February 13, 1943. Hon. Henry W. Nevin, Secretary of the Senate, State Capitol, Atlanta, Georgia. Dear Secretary Nevin:
This is to acknowledge receipt of Senate Resolution No. 29 by Mr. Simmons of the 8th requesting one price for peanuts produced in 1943.
I am in full accord with the sentiment and purpose of this resolution. It has been entered in the Congressional Record and referred to the Committee on Agriculture.
Please advise Senator Simmons.
Sincerely yours,
Walter F. George.
United States Senate Committee on Immigration Richard B. Russell, Ga., Chairman
February 12, 1943. Honorable Henry W. Nevin, Secretary, The State Senate, Atlanta, Georgia.
Dear Mr. Secretary: I appreciate your sending me copies of the two Resolutions adopted by the
Senate on February 3, one introduced by Senator Simmons memoralizing Congress to take immediate action to guarantee the peanut farmers a fair price for their product, and the other introduced by Senators Millican and Foster to print in the Journal my remarks in the United States Senate November 17, 1942, against the Anti-Poll Tax Bill.
The compliment paid me in the latter Resolution is sincerely appreciated, and I wish to express my thanks not only to the authors but to the Senate as a whole.
In regard to the Resolution on peanut prices, I am glad to advise that the Department of Agriculture has announced a one-price system for 1943 which I understand will place a floor under all peanuts of between $130.00 and $135.00 per ton. The guaranteed price will be 85% of parity. We have been working on this

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JOURNAL OF THE SENATE,

matter here for some time, and while I had hoped to do a little betttr, I think this is about as much as we had any real reason to expect.
Thanking you again, and with best wishes and personal regards, I am Sincerely,
Richard B. Russell.

House of Representatives U. S. Committee on Elections No. 3 Hugh Peterson, Ga., Chairman Washington, D. C.

Hon. Henry W. Nevin,

February 10, 1943.

Secretary of the Senate,

State Capitol, Atlanta, Georgia.

Dear Mr. Nevin:

I am in receipt of copy of Senate Resolution No. 29 by Senators Simmons of the Eighth District, and I am pleased to have the views of the members of the State Senate on the important question of guaranteeing to our peanut farmers a fair price for their product. You may be sure that this matter is having my attention, and I am hopeful that we may be successful in getting this important matter satisfactorily adjusted.

You may assure the members of the Senate of my full cooperation toward this end.

Sincerely,

Hugh Peterson.

House of Representatives U. S. Committee on Appropriations
M. C. Tarver, 7th Dist. Georgia Washington, D. C.

Mr. Henry Nevin, Secretary, State Senate, Capitol, Atlanta, Ga.

February 11, 1943.

Dear Henry: I am in receipt of copy of the Resolution by Senator Simmons of the Eighth

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413

District relating to the peanut situation and wish to thank you for transmitting it to me.
I am, of course, in hearty accord with the views expressed in the Resolution. With kindest regards, I am,
Yours truly, M. C. Tarver.

Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the fullowing bills and/or 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:
SB 128.
SB 16.
SB 18.
SB 19.
SB 90. Respectfully submitted,
M. R. Hollis of 24th dstrict, Chairman.
Senator Fowler of the 39th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, February 17, 1943.

The Senate met pursuant to adjournment at lO o'clock this morning and was called to order by the president.
Prayer was offered by Rev. H. C. Stratton, pastor of Capitol View Methodist church, of Atlanta.
By unanimous consent the call of the roll was dispensed with.
Senator Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted.
Senator Atkinson of the 1st asked unanimous consent th:tt the following bill be recommitted to the Committee on State of Republic:
SB 122. By Senators Lovett of the 16th, Shannon of the 21st, Harrison of the 17th, Bloodworth of the 22nd, Peterson of the 15th, and Jones of the 3rd: A bill to repeal the act approved January 28, 1943, fixing eastern standard time as the legal time in Georgia; and for other purposes.
The consent was granted.
The president introduced to the Senate Mrs. Bacon, wife of Senator Bacon of the 28th.
The president recognized in the gallery the 7th grade class of the Hooper Alexander School of DeKalb county.
The following bills and/or resolutions were introduced, read the first time, and referred to committees:

WEDNESDAY, FEBRUARY 17, 1943

415

SB 155. Bv Senator Kennedy of the 2nd: A bill to mcorporate the City of Collins; and for .)ther purposes.
Referred to Committee on Municipal Government.
SB 156. By Senator Gross of the 31st: A bill proposing an amendment to article 7, section 2, paragraph 2, of the constitution to exempt from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation where ninety per cent thereof 1s held by a Georgia corporation; and for other purposes.
Referred to Committee on Amendments to the Constitution.
SB 157. By Senators Preston of the 27th and Harrison of the 17th: A bill to provide any person who was in the final semester of his senior dental college year, in the year 1916, who has been a resident of Georgia for twenty-five years, and who shall satisfy the board of dental examiners either by passing an examination, or furnishing a certificate signed by ten licensed dentists of his qualifications, shall be issued a license to practice dentistry; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
SB 158. By Senator Kennedy of the 2nd: A bill to repeal the charter of the City of Collins; and for other purposes.
Referred to Committee on Municipal Government.
SB 159. By Senators Bloodworth of the 22nd and Lester of the 18th: A bill to amend an act relative to disabled veterans' licenses, to provide the state revenue commissioner may issue certificates of exemption; and for other purposes.
Referred to Committee on Finance.
SB 160. By Senator Bloodworth of the 22nd: A bill to provide that any person, firm, or corporation violating any rule, ordinance or resolution prescribed, promulgated, ordained or resolved by proper county governmental authorities shall be guilty of a misdemeanor; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 161. By Senator Dean of the 34th: A bill to abolish the office of tax receiver of Rockdale county; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

SB 162. By Senator Dean of the 34th: A bill to abolish the office of tax collector for Rockdale county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 163. By Senator Dean of the 34th: A bill to create the office of tax commissioner of Rockdale county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 164. By Senator Kaigler of the 12th: A bill to amend an act providing for a recount of ballots in primary elections to provide for appeals; and for other purposes.
Referred to Committee on State of Republic.
SB 165. By Senator Millican of the 52nd: A bill to amend sections 66-102 and 66-9901 of the code of 1933 relative to payment of wages in lawful money or checks to provide the law shall not apply to the State of Georgia or any political subdivision; and for other purposes.
Referred to Committee on General Judiciary No. l.
SR 52. By Senator Oden of the 46th: A resolution memoralizing congress to appropriate funds for the purpose of constructing super national highways at the termination of the present war; and for other purposes.
Referred to Committee on Highways and Public Roads.
SR 54. By Senators Kennedy of the 2nd, and Forester of the 44th: A resolution proposing an amendment to article 6, secl!ion 15, paragraphs 1 and 2 of the constitution, to provide that ten days after service the judge of the superior court may grant or refuse a decree for total divorce; and for other purposes.
Referred to Committee on Amendments to the Constitution.
SR 55. By Senator Millican of the 52nd, Ansley of the lOth, Terrell of the 19th, Pope of the 7th, and Williams of the 5th: A resolution designating the week beginning February 22, 1943, as WAAC WEEK, and endorsing the campaign for recruiting of the women's army auxiliary corps; and for other purposes.
Referred to Committee on State of Republic.

WEDNESDAY, FEBRUARY 17, 1943

417

The following message was received from the House through I\fr. McCutchen, 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:
SB 65. By Senators Terrell of the 19th and Williams of the 5th: A bill to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes.
HB 175. By Messrs. Deal and Brunson of Bulloch:
A bill to amend an act to provide for homesteads exempt from certain taxation, by providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st of the year in which exemption from taxation is sought; and for other purposes.
HB 217. By Mr. Broome of DeKalb: A bill to provide that the wardens, superintendents, or officers in charge of any state penitentiary, prison, or other places of detention or confinement shall so far as physically possible segregate. first offenders within their care, custody or control from those prisoners who have themselves been convicted on more than one occasion for the violation of any criminal law; and for other purposes.
HB 284. By Mr. Woodruff of Barrow:
A bill to amend the act establishing a new charter for the City of Winder, so as to abolish the offices of mayor and councilmen and certain other offices of said city; and for other purposes.
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn and others: A bill to supersede the title insurance act, and to define the business of title insurance; and for other purposes.
HB 373. By Mr. Thurmond of Hall, Ferguson of Camden, Price of Clarke and others: A bill to create a Georgia state guard during such time as any of the national guard is in active federal service; and for other purposes.
HB 417. By Mr. Wright of Gilmer:
A bill to repeal an act to create the office of commiSSioner of roads and revenues of Gilmer county; and for other purposes.

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JOURNAL OF THE SENATE,

HB 418. By Mr. Wright of Gilmer:
A bill to create a county commissioner of Gilmer county; and for other purposes.
HR 56. By Mr. Smith of Dougherty and Mrs. Mankin of Fulton: A resolution to authorize the executive department to pay. from funds provided for the purchase of equipment at the capitol and mansion, the balance of the amount due on the "Battleship Georgia" silver service; and for other purposes.
The following bills and resolution of the House were read the first time and referred to committees:
HB 175. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act to provide for homesteads exempt from certain taxation, by providing that the date for the filing of the application for exemption shall be changed from April 1, to May 1, of the year in which exemption from taxation is sought; and for other purposes.
Referred to Committee on Finance.
HB 217. By Mr. Broome of DeKalb:
A bill to provide that the wardens, superintendents, or officers in charge of any state penitentiary, prison, or other places of detention or confinement shall so far as physically possible segregate first offenders within their care, custody or control from those prisoners who have themselves been convicted on more than one occasion for the violation of any criminal law; and for other purposes.
Referred to Committee on Penitentiary.
HB 284. By Mr. Woodruff of Barrow: A bill to amend the act establishing a new charter for the City of Winder, so as to abolish the offices of mayor and councilmen and certain other offices of said city; to provide for a commission form of government; and for other purposes.
Referred to Committee on Municipal Government.
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn and others: A bill to supersede the title insurance act, and to define the business of title insurance; and for other purposes.
Referred to Committee on Insurance.
HB 373. By Mr. Thurmond of Hall and others: A bill to create a Georgia state guard; to provide for training, discipline,

WEDNESDAY, FEBRUARY 17, 1943

419

pay and discharge; to provide for group life, accident and hospitalization insurance; and for other purposes.
Referred to Committee on Military Affairs.

HB 417. By Mr. Wright of Gilmer: A bill to repeal an act to create the office of commtsstoner of roads and revenues of Gilmer county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 418. By Mr. Wright of Gilmer: A bill to create a county commissioner of Gilmer county; and for other purposes.
Referred to Committee on Counties and County lVIatters.

HR 56. By Mr. Smith of Dougherty:
A resolution providing for the payment to the heirs of Charles W. Crankshaw of the balance of purchase price, with interest, on three (3) pieces of silver presented by the State of Georgia, through its Governor, to the President of the United States, for the Battleship Georgia, and subsequently placed in the Governor's mansion of the State of Georgia, where it is now beiP.g used; and for other purposes.
Referred to Committee on Appropriations.

Mr. Kennedy of the 2nd district, Chairman of the Committee on Conservation, submitted the following report:

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

SR 49. Do Pass.

Respectfully submitted,
J. C. Kennedy of 2nd district,
Chairman.

Mr. Ingram of the 51st 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:

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JOURNAL OF THE SENATE,

HB 305. Do Pass. SB 129. Do Not Pass. HB 321. Do Pass. HB 304. Do Pass.

Respectfully submitted,
R. A. Ingram of 51st district, Chairman.

Mr. Preston of the 27th District, Chairman of the Committee on Interstate

, ..

Council of State Governments, submitted the following report:

Mr. President:

Your Committee on Interstate Council of State Governments 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:

SR 50. Do Pass.

Respectfully submitted,

J. T. Preston of 27th district, Chairman.

Senator Fowler of the 39th District, Chairman of the Committee on Public Property, submitted the following report:

Mr. President:
Your Committee on Public Property have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HR 76. Do Pass

Respectfully submitted,

Fowler, of 39th district, Chairman.

Mr. Moore of the 32nd 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 recommendation:

WEDNESDAY, FEBRUARY 17, 1943

421

HB 386. Do Pass HB 274. Do Pass HB 404. Do Pass HB 299. Do Pass HB 264. Do Pass HB 375. Do Pass HB 273. Do Pass HB 295. Do Pass HB 360. Do Pass HB 382. Do Pass HB 376. Do Pass HB 399. Do Pass HB 395. Do Pass HB 348. Do Pass HB 366. Do Pass HB 364. Do Pass HB 372. Do Pass HB 289. Do Pass HB 328. Do Pass HB 316. Do Pass HB 314. Do Pass HB 287. Do Pass HB 298. Do Pass HB 359. Do Pass HB 374. Do Pass HB 326. Do Pass HB 400. Do Pass HB 354. Do Pass HB 349. Do Pass HB 355. Do Pass

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JOURNAL OF THE SENATE,

HB 247. Do Pass

Respectfully submitted,

G. H. Moore, of 32nd district, Chairman.

The following bills and resolutions of the House and Senate, favorably reported by the committees, were read the second time:
HB 247. By Mr. Reynolds of Clayton: A bill to amend an act known as "Clayton commissioners amendments," to repeal abolition of Panhandle militia district; and for other purposes.

HB 264. By Mr. Looper of Dawson:
A bill to repeal an act to create a board of commissioners of roads and revenues of Dawson county; and for other purposes.

HB 273. By Mr. Clark of Catoosa:
A bill to repeal an act to abolish the board of roads and revenues of the County of Catoosa; to create a board of commissioners of roads and revenues in and for the County of Catoosa; and for other purposes.

HB 274. By Mr. Clark of Catoosa:
A bill to create the office of commissioner for the County of Catoosa; to provide for his election and recall; and for other purposes.

HB 282. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to amend section 32-902 of the code of 1933, so as to provide that in DeKalb county a member of the county board of education shall be ineligible to succeed himself; and for other purposes.

HB 287. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend an act fixing the compensation of the treasurer of Meriwether county, so as to fix the salary at eighty-five dollars per month; and for other purposes.
HB 289. By Mr. Smiley of Liberty:
A bill to amend the act creating the board of commissioners of roads and revenues of Liberty county by striking from section 14 thereof the following: "Four Dollars per day for each day's actual service, provided, that no commissioner shall be paid;" and for other purposes.
HB 295. By Mr. Pannell of Murray:
A bill to amend an act in reference to the commtsstoners of roads and revenues of Murray county by providing that streets and roads may be

WEDNESDAY, FEBRUARY 17, 1943

423

worked in incorporated towns; and for other purposes.
HB 298. By Mr. Hefner of Pickens: A bill to abolish the office of tax receiver and tax collector of Pickens county, to create the office of tax commissioner; and for other purposes.
HB 299. By Mr. Mcintosh of Mcintosh: A bill to amend an act to consolidate the office of receiver of tax returns and tax collector in Mcintosh county, so as to provide a different method of compensation; and for other purposes.
HB 304. By Mr. Gholston of Madison: A bill to amend an act to incorporate the City of Danielsville, so as to confer on the mayor and city council the power and authority to regulate the use of its streets for business purposes; and for other purposes.
HB 305. By Mr. Dunn of Lamar: A bill to amend an act to amend the charter of the City of Barnesville to confer additional powers upon the corporate authorities; and for other purposes.
HB 314. By Mr. Medders of Bacon: A bill to require all county officers of Bacon county, except the county surveyor and the coroner to execute a bond with one or more reputable and solvent endemnity companies as surety; and for other purposes.
HB 316. A bill to amend an act entitled "Bulloch tax commissioner" to provide that certain fees shall be paid to the tax commissioner; and. for other purposes.
HB 321. By Mr. Heard of Elbert: A bill to amend an act to incorporate the City of Bowman to provide that it shall not be necessary for persons already registered to be registered each year in order to be qualified to vote; and for other purposes.
HB 326. By Mr. Easler of Crawford: A bill to amend an act creating the board of commissioners of roads and revenues for the County of Crawford to divide the county into commissioner districts; and for other purposes.
HB 328. By Mr. Thigpen of Glascock: A bill to repeal an act creating a board of commissioners of roads and revenues for the County of Glascock; and for other purposes.
HB 348. By Mr. Strickland of Haralson: A bill to repeal an act to abolish the offices of tax receiver and tax collector

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JOURNAL OF THE SENATE,

for Haralson county, and to recreate the offices; and for other purposes.

HB 349. By Mr. Gaston of Butts:
A bill to amend the act creating the 'board of commissioners of roads and revenues of Butts county, relating to the annual salary of the clerk of said board; defining a quorum of said board; and for other purposes.

HB 354. By Mr. Thomas of Chattooga:
A bill to amend an act to abolish the board of commissioners of roads and revenues of Chattooga county; to create a new board of commissioners of roads and revenues of said county; and for other purposes.

HB 355. By Mr. Thomas of Chattooga:
A bill to amend an act to establish the city court of Chattooga county to fix the salary of the judge at $1200 per annum; and for other purposes.

HB 359. By Messrs. Turner, Hubert, Broome, of DeKalb:
A bill to fix the date of general primary elections m DeKalb county; and for other purposes.

HB 360. By Messrs. Broome, Hubert, and Turner of DeKalb:
A bill to amend an act amending an act to abolish the office of tax receiver and tax collector of DeKalb county, by striking the limitation as to the salary fixed by the county commi;sioner; and for other purposes.

HB 364. By Mr. Peck of Dade:

A bill to authorize and direct the ordinaries and county treasurers of all

counties having a population of not more than 5,900 nor less than 5,890,



because of the extra duties imposed on the sheriffs of such counties by reason of national defense and home guard activities, to pay the sheriffs

of said counties the sum of $100 per month in addition to the fees and com-

pensation paid to said sheriffs; and for other purposes.

HB 366. By Mr. Easler of Crawford:
A bill to provide for holding two regular terms of the superior court of Crawford county; and for other purposes.

HB 372. By Mr. Johnson of Chattahoochee:
A bill to amend an act creating a board of commissioners for Chattahoochee county to reduce the board from five to three county commissioners; and for other purposes.

HB 374. By Messrs. Smith and Roughton of Washington:
A bill to amend an act to increase the compensation of the county commissioners of Washington county; and for other purposes.

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425

HB 375. By Mr. Fussel of Webster: A bill to amend an act to create the office of commissioner of roads and revenues of the County of Webster; to fix the salary of the commissioner at $1800 per annum; and for other purposes.
HB 376. By Mr. Fussel of Webster: A bill to amend an act abolishing the office of tax receiver and tax collector of Webster county; to create the office of tax commissioner; and for other purposes.
HB 386. By Messrs. Dorsey and Welsch of Cobb: A bill to authorize the sale or leasing the Cobb county farm property by the county commissioner; and for other purposes.
HB 395. By Mr. Hogg of Marion County: A bill authorizing the commissioner of roads and revenues of Marion county to pay the premium on the bond of the county treasurer; and for other purposes.
HB 399. By Mr. Rossee of Putnam: A bill to amend an act creating a board of commiSSIOners of roads and revenues for the county of Putnam by relieving the board of commissioners from publishing monthly reports of county affairs; to provide that members of the board of commissioners shall be bonded; and for other purposes.
HB 400. By Mr. Willoughby of Clinch: A bill to amend an act creating the county court of Cinch by providing that in case of a vacancy in the office of the Solicitor of said court it shall be filled by the Governor for the unexpired term; and for other purposes.
HB 404. By Mr. Padgett of Ecl1ols: A bill to provide for the division of Echols county into three commissioner's districts; and for other purposes.
HR 76. By Mr. Boynton of Union: A resolution proposing that upon the payment of $1.00 to the State of Georgia, department of natural resources, division of state parks, historic sites and monuments by Union county that certain lands be reconveyed to Union county in fee simple; and for other purposes.
SR 50. By Senator Dean of the 34th: A resolution resolving that the state administration cooperate fully with the council of state governments and that the budget authorities be and they are hereby authorized to provide such funds as may be needed and available,

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JOURNAL OF THE SENATE,

not exceeding $2500.00 as Georgia's part in full participation in the activities of the council of state governments.
The following local uncontested Senate and House bills were read the third time and put upon their passage:
HB 290. By Mr. Gaston of Butts: A bill to amend an act incorporating the town of Pepperton, so as to change and define the 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 315. By Mr. Medders of Bacon: A bill to amend an act creating a new charter for the Town of Alma, so as to change and extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills and resolutions were read the third time and put upon their passage :
SB 59. By Senator Thigpen of the 49th: A bill to prohibit the manufacture, repair and ownership of coin operated devices or slot machines; and for other purposes.
The report 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.
SB 107. By Senators Estes of the 35th and Arnold of the 26th: A bill to amend the banking law as it relates to the salaries of paid examiners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0. The bill, having I"eceived the requisite constitutio~al majority, was passed.

WEDNESDAY, FEBRUARY 17, 1943

427

The following resolution was read and adopted:

SR 53. By Senator Kennon of the 6th:

A resolution urging the federal authorities to apply price ceilings to the



flue-cured tobacco crop by a method that will not destroy the auction system

of selling tobacco; and for other purposes.

The following bills and resolutions were read the third time and put upon their passage:
SR 24. By Senator Williams of the 5th:
A resolution proposing an amendment to article 3, section 7, paragraph 14 of the constitution to provide the General Assembly shall prescribe the method of passing local laws ; and for other purposes.
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:

Bacon Brock Byrd Fowler Griner

Kimbrough Lester Martin Millican Newton

Simmons Whitworth of 38th Williams

Those voting in the negative were Senators:

Ansley Arnold Bloodworth of 22nd Bloodworth of 23rd Boyett Clements Dantzler Ennis Forrester

Foster Hall Hampton Hollis Ingram Jones Kaigler Kennedy Kennon

Lovett Moore Peterson Pittman Pope Raynor Stark Terrell Thigpen

Not voting were Senators Arnall, Atkinson, Cooper, Dean, Estes, Eubank, Harrison, Oden, Shannon and Whitworth.

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

On the adoption of the resolution, the ayes were 13, nays 27.

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JOURNAL OF THE SENATE,

The resolution, having failed to receive the requisite constitutional two-thirds majority, was lost.
HB 58. By Mr. Strickland of Haralson:
A bill to fix the compensation of the state superintendent of schools in his
capacity 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 agreed to.
On the passage of the bill, the ayes were 30, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 60. By Mr. Key of Jasper: A bill to amend an act amending the income tax laws by providing exemption of dividends on stock of banks and trust companies; and for other purposes.
The Committee on Banks and Banking offered the following amendment:
Amend HB 60 as follows: To correct three typographical errors in Section 1, by substituting the letter "I" for the numerical 1, wherever the numeral 1 appears in Section 1.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 140. By Senator Ennis of the 20th: A bill to amend section 54-205 of the code of 1933 to change the age of persons working in manufacturing establishments at night from 21 to 18 years of age, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ennis of the 20th asked unanimous consent that SB 140 be immediately transmitted to the House and the consent was granted.

WEDNESDAY, FEBRUARY 17, 1943

429

SB 119. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 22nd, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of the 12th and Kimbrough of the 25th: A bill to provide for confirmation by the Senate of all appointees of the Governor to boards, commissions, bureaus and public offices; and for other purposes.

The Committee on State of Republic offered the following substitute:
A Bill-To be entitled an Act to provide for confirmation by the Senate of appointees of the Governor to boards, commissions, bureaus; to declare that all members of boards, commissions and bureaus not submitted to the Senate for confirmation since January 1, 1939, shall automatically cease to hold such office; to provide for the appointment of their successors; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. That all appointments made by the Governor to boards, commissions and bureaus created and established by the laws of this State, shall be made subject to confirmation by the State Senate. And it shall be the duty of the Governor to submit to the Senate the names of all such appointees appointed prior to the convening of the General Assembly or during the session, either regular or special, of the General Assembly, and unless such appointees are confirmed by the Senate, they shall cease to hold the office to which they have been appointed, and the name of another appointee shall be immediately submitted by the Governor to the Senate to fill such office.
Section 2. Be it further enacted that all appointees to offices as members of all boards, commissions and bureaus authorized by law to be made by the Governor since January 1, 1939, and not submitted to or confirmed by the Senate, shall automatically cease to hold such offices, and the offices shall be and are hereby declared to be vacant from the date of the approval of this Act, and it shall be the duty of the Governor to fill such vacancies by appointment and approval in the manner provided by Section 2 hereof.
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 substitute was adopted.
The report of the committee, which was favorable to the pasasge of the bill by substitute, 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 substitute.

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JOURNAL OF THE SENATE,

SB 110. By Senator Dean of the 34th: A bill to provide for the suspension upon petition of partie~ at interest of any trustees, administrator, executor, or guardian who enters the war service, and for appointment of a successor; and for other purposes.
The report of the committee, whfch 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.
SB 118. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Bloodworth of the 23rd, Millican of the 52nd, Forester of the 44th and Kaigler of the 12th: A bill to provide the manner persons in the armed forces of the United States may file exemptions of homesteads from taxation; and for other purposes.
The Committee on State of Republic offered the following amendment:
Amend SB 118 by striking the word "April" in line 10, and substituting the word "May".
The amendment was adopted.
Th.e report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 71. By Mr. Strickland of Haralson: A bill to amend chapter 32-25 of the code of 1933, authorizing county commissioners or ordinaries to carry on schools for instructing adult illiterates, by al~o vesting power in county boards of education to establish and carry on such schools; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that the bill be postponed until tomorrow and the consent was granted.

HB 73. By Mr. Strickland of Haralson; and others:
A bill to amend section 32-1006 of the code of 1933 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 expense so incurred; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1943

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 35, nays 0.
.The bill, having received the requisite constitutional majority, was passed.
SR 42. By Senators Ennis of the 20th, Lester of the 18th and others:
A Resolution-To propose to the qualified electors for ratification or rejection, an amendment of Article V of the Constitution of the State of Georgia, by adding a new Section and Paragraph to provide for a Board of Directors of Eleemosynary Institutions; to provide membership, appointment, qualification, term of office, tenure, filling of vacancies, eligibility for membership, powers and duties of the Board of Directors of Eleemosynary Institutions; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there shall be proposed to the qualified electors for ratification or rejection at the next general election, an amendment of Article V of the Constitution of the State of Georgia, by adding a new Section and Paragraph to be numbered Section IV, Paragraph 1, to read as follows:
"There shall be a Board of Directors of The Eleemosynary Institutions of the State of Georgia, and the Government, control and all of said institutions, shall be vested in said Board of Directors of Eleemosynary Institutions. Said Board of Directors of Eleemosynary Institutions shall consist of one member from each Congressional District in the State, who shall be appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said Board. The first Board of Directors of Eleemosynary Institutions under this provision shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for sevenyear terms from the expiration of the previous term. Vacancies upon said Board, caused by expiration of term of office, shall be similarly filled by appointment and confirmation.
In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session, to the end of that session. During such session of the General Assembly, the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Directors of Eleemosynary Institutions shall hold office until their successors are appointed. The said Board of Directors of Eleemosynary Institutions shall have supervision, control, management, and direction of all Eleemosynary Institutions, and shall have the power and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law."

432

JOURNAL OF THE SENATE,

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 entered on their" respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adoptd, the result shall be declared and the amendment proclaimed as a part of the Constitution, as provided by the Constitution and laws relating to constitutional amendments.
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 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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Dantzler Ennis Eubank

Forrester Foster Fowler Griner Hall Ingram Kaigler Kennedy Kennon Kimbrough Lester Millican Newton

Oden Peterson Pittman Pope Prestoa Raynor Simmons Stark Terrell Thigpen Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Clements, Cooper, Dean, Estes, Hampton, Harrison, Hollis, Jones, Lovett, Martin, Moore, and Shannon.

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.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 50. By Senators Ennis of the 20th, Terrell of the 19th, and Pittman of the 42nd: A bill to amend and revise the laws relating to costs collected in cases in

WEDNESDAY, FEBRUARY 17, 1943

433

the supreme court and the court of appeals; and for other purposes.

The House amendment was as follows:
Representative Allison, of Gwinnett County, moves to amend SB 50 entitled "A Bill to be entitled an Act to amend and revise the laws relating to costs collected in the Supreme Court and the Court of Appeals, paying the same over, making reports thereof, and application of the same, and for other purposes," by striking therefrom Section 16 thereof, which reads:
"This Act shall not become effective until July 1, 1943." and by inserting in lieu thereof a new section to be numbered 16, and to read as follows:
"This Act shall become effective upon its passage by the General Assembly and approval by the Governor."
Senator Pittman of the 42nd moved that the Senate concur in the House amendment.
On the motion to concur the ayes were 32, nays 0, and the amendment was concurred in.
The president recognized in the gallery the civics class of the Decatur Boys High School with Mrs. Donald Moore and Mr. M. 0. McCord, instructors.
The following bills and resolutions were read the third time and put upon their passage:
HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd and Forts~>n of Wilks: A bill to amend an act to create a department of public safety by providing certain fees for the sheriffs of the several 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 89. By Messrs. Weaver of Bibb, Culpepper of 'Fayette and Gowen of Glynn:
A bill to amend an act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt; so as to exclude therefrom certain mortgages and other instruments relating to property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

434

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 49. By Senator Pope of the 7th:
A resolution that Wednesday, February 24, 1943 be set aside as "ArmyNavy Salvage Day" and all citizens be called upon to close up their businesses and aid local salvage committees in the collection of scrap materials; 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 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 135. By Senator Millican of the 52nd: A bill to amend an act authorizing the chartering and empowering of corporations known as the "Corporation act," (Georgia Laws, 1937-1938, page 214); and for other purposes.
The report 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.

Mr. Hollis of the 24th 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/or 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:
SB 11 SB 89 SB 96 SB 97 SB 133 SR 53 SR 49 SB 84

WEDNESDAY, FEBRUARY 17, 1943

435

Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.
Senator Pope of the 7th asked unanimous consent that the following bill be recommitted to the Committee on State of Republic:
HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to provide entertainment on Sunday for men in armed forces, and for other purposes.
The consent was granted.
Senator Stark of the 33rd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

43b

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, FeLruary 18, 1943.

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 Whitworth of the 30th 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 Atkinson of the 1st asked unanimous consent that the foliowing be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing Committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was grante9.
A privileged resolution extending the privileges of the floor to Hon. Jim Peterson, Mayor of Soperton, Georgia, and brother of Senator Peterson of the 15th, accompanied by Mrs. Peterson, was read and adopted.
Senator Estes of the 35th asked unanimous consent that the following bill be withdrawn from the Committee on Industrial Relations, read the second time, and recommitted:
SB 150. By Senator Estes of the 35th: A bill to amend the unemployment compensation law to provide persons who leave work to marry shall receive no benefit, and persons leaving work for self-employment or individuals discharged for dishonesty shall receive no benefits; and for other purposes.
The consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:

THURSDAY, FEBRUARY 18, 1943

437

SB 166. By Senators Eubank of the 29th and Gross of the 31s: A bill to amend an act amending section 92-3701 of the code of 1933, to provide that county taxes may be levied to provide lunches for children of school age in the public schools of this state; and for other purposes. Referred to Committee on Education and Public Schools.
SB 167. By Sen::!.tors Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th: A bill to change the name of the state park authority to "Georgia Park Authority", and provide for indefinite appointment by the Governor of the members of the Georgia park authority; and for other purposes.
Referred to Committee on Drainage.
SB 168. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th: A bill to create the emergency transportation commission of Georgia; to prescribe its aims, powers and duties; and for other purposes.
Referred to Committee on Drainage.
SB 169. By Senator Gross of the 31st: A bill to amend, revise, and codify the laws of this state governing fraternal benefit societies ; and for other purposes.
Referred to Committe on Insurance.
SB 170. By Senator Oden of the 46th: A bill to provide that all powers, duties and functions previously performed by the state entomologist shall be vested in the director of entomology; and for other purposes. Referred to Committee on Agriculture.
HB 171. By Senator Millican of the 52nd: A bill to amend title 25, chapter 25-1 of the code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks, and shall pay the same taxes provided for other property held by individuals; and for other purposes. Referred to Committee on General Judiciary No. 1.
SB 172. By Senator Pittman of the 42nd: A bill to abolish the city court of Cartersville, as of December 31, 1943, and transfer all cases pending and all records of the superior court of Bartow county; and for other purposes. Referred to Committee on Counties and County Matters.

438

JOURNAL OF THE SENATE,

SB 173. By Senator Brock of the 37th:
A bill to authorize the board of regents of the University system of Georgia to provide an annuity for the retirement of employees of the university system; and for other purposes.
Referred to Committee on University System of Georgia.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic have had under consideration the following bill and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 164. Do Pass
SR 55. Do Pass

Respectfully submitted,

Lester, of 18th district, Chairman.

Mr. Hampton of the 41st District, Chariman 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 157. Do Pass

HB 125. Do Pass

Respectfully submitted,

Hampton, of 41st district, Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 155. Do Pass
SB 158. Do Pass

THURSDAY, FEBRUARY 18, 1943

439

HB 284. Do Pass
Respectfully submitted, R. A. Ingram, of 51st district, Chairman.
Mr. Oden of the 46th 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 hills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 113. Do Pass
SB 114. Do Pass
SR 52. Do Pass
Respectfully submitted,
Oden, of 46th district, Chairman.

Mr. Estes of the 35th District, Chairman of the Committee on Manufactures, submitted the following report:

Mr. President:

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

SB 149. Do Pass

Respectfully submitted,

Walter Estes, of 35th district, Chairman.

Mr. Moore of the 32nd 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 hills of the Senate and have instructed me as Chairman, to report the same hack to the Senate with the following recommendations:
SB 161. Do Pass
SB 162. Do Pass

440

JOURNAL OF THE SENATE,

SB 163. Do Pass
Respectfully submitted,
G. H. Moore, of 32nd district, Chairman.
Mr. Harrison of the 17th District Chairman of the Comittee on Public Welfare, submitted the following report:
Mr. President: Your Committee on Public Welfare have had under consideration the follow-
ing bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 105. Do Pass
SB 141. Do Pass
Respectfully submitted,
Harrison, of 17th district, Chairman.

Mr. Terrell of the 19th 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:

SB 160. Do Pass by committee substitute

SB 165. Do Pass

SB 153. Do Pass

SB 147. Do Pass SB 148. Do Pass

Respectfully submitted,

Terrell, of 19th district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President: Your Committee on State of Republic have had under consideration the follow-

THURSDAY, FEBRUARY 18, 1943

441

ing 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:
SR 51. Do Pass SB 116. Do Pass by substitute SB 122. Do Pass as amended HB 68. Do Pass by substitute HB 413. Do Pass as amended
Respectfully submitted, Lester, of 18th district, Chairman.

Mr. Pittman of the 42nd District, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
Your Committee on Penitentiary have had under consideration the following hill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 217. Do Pass

Respectfully submitted, C. C. Pittman, of 42nd district, Chairman.

Mr. Bloodworth of the 23rd District, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President: Your Committee on Military AffaiJ;"s 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:
HB 373. Do Pass as amended Respectfully submitted,
J. M. Bloodworth, of 23rd district,
Chairman.

Mr. Eubank of the 29th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President: Your Committee on Education and Public Schools have had under consideration

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JOURNAL OF THE SENATE,

the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 91. Do Pass
HB 303. Do Pass as amended
HB 369. Do Pass
Respectfully submitted,
Eubank, of 29th district, Chairman.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 22. By Senator Bloodworth of the 22nd: A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes, and other evidences of indebtedness; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 19. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to amend chapter 85-10 of the code of 1933 relating to the qualifications, examination and licensing of dental nurses or hygienist, and for other purposes.
HB 118. By Messrs. Smith and Durden of Dougherty: A bill to amend section 92-2014 of the code of 1933, by striking said section, which reads as follows: "Miniature pool tables. Each person firm, or corporation operating a miniature pool table etc;" to fix the tax on such tables; and for other purposes.
HB 149. By Mr. Thigpen of Glascock: A bill to create and establish an election canvassing board for the state; and for other purposes.
HB 150. By Mr. Thigpen of Glascock: A bill to repeal section 34-1401, section 34-1402, and section 34-1403 of the code of 1933 relating to blank forms, talley sheets, and blank lists of voters and certificates used in elections; and for other purposes.
HB 162. By Mr. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa:

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443

A bill to amend section 39-1904 of the code of 1933, providing for ballots in election other than primary elections; and for other purposes.
HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa: A bill to amend section 34-406 of the code of 1933 pertaining to registered voters list; and for other purposes.
HB 164. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa: A bill to amend chapter 34-32 of the code of 1933, providing for primary elections in general; and for other purposes.
HB 205. By Mrs. Guerry of Macon, and Mrs. Mankin of Fulton: A bill to amend section 49-103 (3033) of the code of 1933 entitled "testamentary guardian; appointment, bond, and dismissal"; and for other purposes.
HB 206. By Mrs. Mankin of Fulton, and Mrs. Guerry of Macon: A bill to amend chapter 53-5 of the code of 1933, by providing that a husband living with his wife shall not be entitled to, and shall not receive the salary or wages of his wife; and for other purposes.
HB 256. By Messrs. Fortson of Wilkes; Phillips of Columbia and Dorsey of Cobb: A bill to provide that persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum products shall have the rights of eminent domain; and for other purposes.
HB 327. By Mr. Thrash of Coffee: A bill to amend the charter of the City of Douglas, whereby the city may be zoned for various uses; and for other purposes.
HB 333. By Mr. Dyal of Appling, Adams of Wheeler, and others: A bill to amend section 65-203 and 65-206 of the code of 1933, relating to non-profit coorporative associations so as to permit the granting of charters to such associations for a term of not to exceed 50 years {rather than 20 years as heretofore provided); and for other purposes.
HB 357. By Mr. Reynolds of Clayton: A bill to create and incorporate the City of Morrow; and for other purposes.
HB 392. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta, relative to oath of members of council; and for other purposes.

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JOURNAL OF THE SENATE,

HB 394. By Messrs. Smith and Roughton of Washington: A bill to amend the charter of the City of Davisboro, consolidating offices of treasurer and city clerk; and for other purposes.
HB 396. By Mr. Rossee of Putnam: A bill to amend the act establishing a new charter for the City of Eatonton by changing the method of electing a city Clerk: and by prescribing his powers, duties, compensation and tenure of office; and for other purposes.
HB 403. By Mr. Sharpe of Toombs: A bill to amend the act creating a new charter for the City of Vidalia providing for the holding of a democratic primary election; and for other purposes.
HB 421. By Messrs. Gholston of Madison, Price and Hill of Clarke: A bill to amend the acts incorporating the Town of Hull so as to grant power and authority to regulate the use of streets for business purposes; and for other purposes.
HB 434. By Mr. Brewton of Evans: A bill to amend an act incorporating the City of Claxton fixing the. salaries of the mayor, officers and employees thereof; and for other purposes.
HB 435. By Messrs. MeN all and Grayson of Chatham: A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to provide for the extensions of the corporate limits of said city; and for other purposes.
HR. 38. By Messrs. Hightower and Swint of Spalding: A resolution proposing an amendment to article 11, section 2, paragraph 1, of the constitution so as to provide for the division of Spalding county into school districts and for the election of a member of the county board of education from each school district; and for other purposes.
The House has adopted the Senate amendment to the following bill of the House to wit:
HB 248. By Mr. Reynolds of Clayton: A bill to repeal an act to create a board of comm1sswners of roads and revenues for Clayton county; and for other purposes.
The House has adopted the Senate substitute to the following bill of the House to wit: HB 249. By Mr. Reynolds of Clayton:
A bill to create the office of commissioner of roads and revenues for the

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445

County of Clayton; to provide for a clerk of same; and for otha purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 52. By Senator Arnold of the 26th: A bill to amend the banking laws and section 13-204 of the code of 1933, concerning the deposit of a deceased depositor; and for other purposes.
SB 53. By Senator Arnold of the 26th: A bill to amend the banking laws and section 13-2013 of the code of 1933, which provides a limit for loans by state banks to any one person, firm or corporation; and for other purposes.
SB 62. By Senator Millican of the 52nd: A bill to authorize and make lawful the investment of funds of municipalities, and school districts in war bonds and other valid obligations of the United States; and tor other purposes.
SB 128. By Senator Ingram of the 51st: A bill to create a board of commissioners of roads and revenues for Forsyth county; and for other purposes.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time: SB 105. By Senator Harrison of the 17th:
A bill to provide a certified shorthand reporters law; to provide a board of examiners and certificates; and for other purposes.
SB 113. By Senator Shannon of the 21st: A bill to amend the highway mileage act to add a road in Twiggs, Bleckley and Bibb counties to the highway system; and for other purposes.
SB 114. By Senator Shannon of the 21st: A bill to add a road in the counties of Twiggs and Wilkinson to the highway system; and for other purposes.
SB 141. By Senator Harrison of the 20th: A bill to amend the homestead exemption act to provide where an owner contracts for replacement of a home and resides in the replaced dwelling under a bona fide option to purchase, he shall be entitled to tax exemption; and for other purposes.
SB 147. By Senator Lester of the 18th: A bill to amend section 113-1409 of the code of 1933 relating to filing of

446

JOURNAL OF THE SENATE,

annual returns by administrators and executors to provide for filing returns within 30 days after the expiration of one year, and in January each year thereafter; and for other purposes.
SB 148. By Senator Lester of the 18th:
A bill to amend section 113-2301 of the code of 1933 to provide where a temporary administrator is later appointed permanent administrator, and gives bond with the same surety he gave as temporary administrator, the order of the ordinary discharging him shall relieve him and his surety both as temporary and permanent administrators; and for other purposes.
SB 149. By Senator Estes of the 35th: A bill to provide the amount of flour, grits or corn meal, when purchased for repacking, shall be placed in each sack; to provide the amount of cement, plaster, potatoes and seeds to be placed in each bag; and for other purposes.
SB 153. By Senator Ennis of the 20th: A bill to amend section 66-103 of the code of 1933 relating 'to amount of wages of a deceased employee exempt from garnishment, to raise the amount from $300.00 to $500.00; and for other purposes.
SB 155. By Senator Kennedy of the 2nd: A bill to incorporate the City of Collins; and for other purposes.
SB 157. By Senators Preston of the 27th and Harrison of the 17th: A bill to provide any person who has in the final semester of his senior dental college year, in the year 1916, who has been a resident of Georgia for twenty-five years, and who shall satisfy the board of dental examiners either by passing an examination, or furnishing a certificate signed by ten licensed dentists of his qualifications, shall be issued a license to practice dentistry; and for other purposes.
SB 158. By Senator Kennedy of the 2nd: A bill to repeal the charter of the City of Collins; and for ether purposes.
SB 160. By Senator Bloodworth of the 22nd: A bill to provide that any person, firm, or corporation violating any rule, ordinance or resolution prescribed, promulgated, ordained or resolved by proper county governmental authorities, shall be guilty of a misdemeanor; and for other purposes.
SB 161. By Senator Dean of the 34th: A bill to abolish the office of tax receiver for Rockdale county; and for other purposes:

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447

SB 162. By Senator Dean of the 34th:
A bill to abolish the office of tax collector for Rockdale cuunty; and for other purposes.
SB 163. By Senator Dean of the 34th:
A bill to create the office of tax commissioner of Rockdale county; and for other purposes.
SB 164. By Senator Kaigler of the 12th: A bill to amend an act providing for a recount of ballots i:t primary election; to provide for appeals; and for other purposes.
SB 165. By Senator Millican of the 52nd:
A bill to amend sections 66-102 and 66-9901 of the code of 1933 relative to payment of wages in lawful money or checks to provide the law shall not apply to the State of Georgia or any political subdivision; and for other purposes.
SR 51. By Senators Lovett of the 16th, Kennedy of the 2nd, Harrison of the 17th, and others:
A resolution requesting the federal government and secretary of agriculture to take action to forestall a threatened food shortage; and for other purposes.

SR 52. By Senator Oden of the 46th: A resolution memoralizing Congress to appropriate funds for the purpose of constructing super national highways at the termination of the present war; and for other purposes.
HB 68. By Mr. Mixon of Irwin:
A bill to provide for the regulations by the Georgia public service commission of the installations, containers and equipment used in the installation, storage, handling, transportation, dispensing and utilization of liquified petroleum gases; and for other purposes.

HB 91. By Mr. Sheppard of Heard: A bill to provide that members of county boards of education may be paid a per diem not to exceed $5.00 for each day's actual service; and for other purposes.
HB 125. By Messrs. Daves of Dooly and others:
A bill to amend the state health laws creating county boards of health and to provide for payment of expenses of county health departments; and for other purposes.

448

JOURNAL OF THE SENATE,

HB 217. By Mr. Broome of DeKalb: A bill to provide that wardens, superintendents, or officer in charge of any prison or other place of detention shall, as far as possible, segregate first offenders from other prisoners; and for other purposes.
HB 284. By Mr. Woodruff of Barrow: A bill to amend the Act establishing a new charter for the City of Winder, so as to abolish the offices of mayor and councilmen; to establish a commission form of government; and for other purposes.
HB 303. By Mr. Gholston of Madison; A bill to repeal the acts incorporating the Madison County Academy and to establish the Madison County High School; and for other purposes.

HB 369. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to authorize boards of education of cities or counties of a population in excess of three hundred thousand to establish and operate schools on a twenty-four hour basis and to pay the cost thereof; and for other purposes.

HB 373. By Mr. Thurmond of Hall and others:
A bill to create a Georgia state guard; to provide for trammg, discipline, pay and discharge; to provide for group life, accident and hospitalization insurance; and for other purposes.

Senator Hampton of the 41st moved that the following bills be withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted, and the motion prevailed:
HB 417. By Mr. Wright of Gilmer:
A bill repeal the act creating the office of commissioner of roads and revenues for Gilmer county; and for other purposes.

HB 418. By Mr. Wright of Gilmer:
A bill to create the office of county commissioner of Gilmer county; and for other purposes.

The following local uncontested bills and resolutions were read the third time and put upon their passage:
HB 247. By Mr. Reynolds of Clayton:
A bill to amend an act known as "Clayton commissioners-amendments," to repeal abolition of Panhandle militia district; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 18, 1943

449

On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 264. By Mr. Looper of Dawson: A bill to repeal an act to create a board of commissioners of roads and revenues of Dawson county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 273. By Mr. Clark of Catoosa: A bill to repeal an act to abolish the board of roads and revenues of the County of Catoosa; to create a board of commissioners of roads and revenues in and for the County of Catoosa; and for other purposes.
The report of 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.
HB 274. By Mr. Clark of Catoosa: A bill to create the office of commissioner for the County of Catoosa; to provide for his election and recall; and for other purposes.
The report 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.
HB 282. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 32-902 of the code of 1933, so as to provide that in DeKalb county a member of the county board of education shall be ineligible to succeed himself; and for other purposes.
The report 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.
HB 287. By Messrs. Hatchett and Thompson of Meriwether:

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JOURNAL OF THE SENATE,

A bill to amend an act approved February 27, 1933, fixing the compensation of the treasurer of Meriwether county, so as to fix tbe salary at eightyfive dollars per 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 received the requisite constitutional majority, was passed.
HB 289. By Mr. Smiley of Liberty: A bill to amend the act creating the board of commissioners of roads and revenues for Liberty county approved March 12, 1935 (Acts 1935, p. 717024) by striking from section 14 thereof the following: "Four dollars per day for each day's actual service, provided, that no commissioner shall be paid;" and for other purposes.
The report 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.
HB 295. By Mr. Pannell of Murray: A bill to amend an act in reference to the commissioners of roads and revenues of Murray county, to provide for working streets and roads in incorporated towns; and for other purposes.
The report 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.
HB 298. By Mr. Hefner of Pickens: A bill to abolish the office of tax receiver and tax collector of Pickens county; to create the office of the tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 4{), nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 299. By Mr. Mcintosh of Mcintosh: A bill to amend an act to consolidate the offices of receiver of tax returns

THURSDAY, FEBRUARY 18, 1943

451

and tax collector in Mcintosh county, so as to provide a different method of compensation; and for other purposes.
The report of the committee, which was favorable to the p:!ssage 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.

HB 304. By Mr. Gholston of Madison:
A bill to amend an act to incorporate the City of Danielsville, so as to confer on the mayor and city council the power and authority to regulate the use of its streets for business purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 305. By Mr. Dunn of Lamar: A bill to amend an act amending an act to confer additional powers upon the corporate authorities of the Town of Barnesville; and for other pur~ poses.
The report 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.
HB 314. By Mr. Medders of Bacon: A bill to require all county officers of Bacon county, except the county sur~ veyor and the coroner, to execute a bond with one or more reputable and solvent indemnity companies as surety; and for other purposes.
The report 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.
HB 316. By Messrs. Deal and Brunson of Bulloch:
A bill to amend an act entitled "Bulloch tax commissioner" to provide that certain fees shall be paid to the tax commissioner; and for other purposes.

452

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 321. By Mr. Heard of Elbert: A bill to amend an act to incorporate the City of Bowman to provide that it shall not be necessary for persons already registered to be registered each year in order to be qualified to vote; and for other purposes.
The report 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.
HB 326. By Mr. Easler of Crawford: A bill to amend an act creating the board of commiSsioners of roads and revenues for the County of Crawford, to divide the county into commissioner 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 328. By Mr. Thigpen of Glascock: A bill to repeal an act creating a board of commiSSIOners of roads and revenues for the County of Glascock; and for other purpuses.
The report 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.
HB 348. By Mr. Strickland of Haralson: A bill to repeal an act to abolish the offices of tax receiver and tax, collector for Haralson county; to re-create the offices; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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453

HB 349. By Mr. Gaston of Butts: A bill to amend the act creating the board of commissioners of roads and revenues of Butts county, relating to the annual salary of the clerk: of said Board ; defining a quorum of said board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 354. By Mr. Thomas of Chattooga: A bill to amend an act to abolish the board of commissioners of roads and revenue of Chattooga county; to create a new board of commissioners of roads and revenues 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 355. By Mr. Thomas of Chattooga: A bill to amend an act to establish the city court of Chattooga county, to fix the salary of the judge at $1200 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 359. By Messrs. Turner, Hubert and Broome of DeKalb: 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 360. By Messrs. Broome, Hubert and Turner of DeKalb: A bill to amend an act amending an act to abolish the office of tax receiver and tax collector of DeKalb county, by striking the limitation as to the salary fixed by the county commissioner; and for other purposes.

454

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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 364. By Mr. Peck: of Dade:
A bill to authorize and direct the ordinaries and county treasurers of all counties having a population of not more than 5,900 nor less than 5,890, because of the extra duties imposed on the sheriffs of such counties by reason of national defense and home guard activities, to pay the sheriffs of said counties the sum of $100 per month in addition to the fees and compensation paid to said sheriffs; and for other purposes.

The report 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.

HB 366. By Mr. Easler of Crawford: A bill to provide for holding two regular terms of the superior 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 48, nays 0.
The bill, having received the requisite constitutional majority_ was passed.

HB 372. By Mr. Johnson of Chattahoochee: A bill to amend an act creating a board of commissioners for Chattahoochee county to reduce the board from five to three members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 49, nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 374. By Messrs. Smith and Roughton of Washington:
A bill to amend an act to increase the compensation of the county commissioners of Washington county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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455

On the passage of the bill, the ayes were 50, nays 0.
HB 375. By Mr. Fussell of Webster: A bill to amend an act to create the office of commissioner of roads and revenues of the County of Webster; to provide for his compensation at $1800 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 376. By Mr. Fussell of Webster: A bill to amend an act abolishing the office of tax receiver and tax collector of Webster county and creating the office of tax commissioner, to fix the salary of said commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 386. By Messrs. Dorsey and Welsch of Cobb: A bill authorizing the sale or leasing the Cobb county farm property by the county commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 395. By Mr. Hogg of Marion County: A bill authorizing the commissioner of roads and revenues of Marion county to pay the premium on the bond of the county 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 399. By Mr. Rossee of Putnam: A bill to amend an act creating a board of commissioners of roads and rev-

456

JOURNAL OF THE SENATE,

enues for the County of Putnam by relieving the board of commiSSIOners from publishing monthly reports of county affairs; to provide that members of the board of commissioners shall be bonded; and for other purposes.
The report 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.

HB 400. By Mr. Willoughby of Clinch:
A bill to amend an act creating the county court of Clinch by providing that in case of a vacancy in the office of the solicitor of said court it shall be filled by appointment by the Governor for the unexpired term; and for other purposes.
The report 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.

HB. By Mr. Padgett of Echols: A bill to provide for the division of Echols county into three commissioner's 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 33, nays 0.

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

The following communication from His Excellency, the Governor, was read by the secretary:

Ellis Arnall Governor

Executive Department Atlanta
February 18, 1943

M. E. Thompson Executive Secretary

TO THE GENERAL ASSEMBLY OF GEORGIA:

House Bill No. 268 was transmitted to the Executive Department on the 17th day of February, 1943, after duly passing the House and Senate.

This Bill provided for an amendment to the Acts incorporating the City of Forsyth so as to give the Mayor and Aldermen of the City of Forsyth full power

THURSDAY, FEBRUARY 18, 1943

457

and authority in their discretion to close up and abolish any street, road, or alley, or any part of a street, road, or alley in said City. And provided further that the said City shall be liable for damages to any property right of any person occasioned by the exercise of such powers granted.
On February 17, 1943, I received the following communication from Hon. William Buford Mitchell, author of said Bill: Dear Governor Arnall:
At the request of the Mayor and Aldermen of the City of Forsyth, Monroe County, I introduced House Bill number 268, which has been passed by the House and Senate.
This is a local Bill giving the Mayor and Aldermen of the City of Forsyth charter authority to close and abolish streets in Forsyth.
Last week-end when I was at home I found there was a lot of opposition to this Bill and because it had not been advertised the full thirty days provided by law, I announced and published a notice of public hearing in the Courthouse, to be held Saturday at ten o'clock.
The Hon. Ashley Phinazee, Mayor of Forsyth, just called me over long distance and told me that at a meeting of the City Council held last night, they passed a Resolution asking me to repeal this Bill. I told Mr. Phinazee that the Bill had passed the House and Senate and I had it held up until after the hearing Saturday. He requested me to get you to veto the Bill. I respectfully request you to veto this local Bill as it will save the House and Senate the time that it will be necessary to pass another Bill repealing this one.
With best wishes, I am
Sincerely yours,
Wm. Buford Mitchell, Member of House, Monroe County.

In compliance with the above request of the author of said Bill and in a spirit of co-operation with the members of the General Assembly, I am returning herewith House Bill No. 268 which I have this 18th day of February, 1943, vetoed.
Respectfully submitted,
Ellis Arnall, Governor.
The following bill was read the third time and put upon its passage:
SB 122. By Senators Lovett of the 16th, Shannon of the 21st, Harrison of the 17th, Bloodworth of the 22nd, Peterson of the 15th, and Jones of the 3rd: A bill to repeal the act approved January 28, 1943, fixing eastern standard time as the legal time in Georgia; and for other purposes.
Senator Atkinson of the 1st moved to table the bill.

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Senator Kaigler of the 12th moved that the bill be indefinitely pustponed.
The president I uled that the motion to table would take precedence.
On the motion to table the ayes were 26, nays 12 and the motion prevailed.
At this time the president presented to the Senate the Honorable Richard H. Simpson, speaker-designate of the Florida House of Representatives, accompanied by a delegation of Florida legislators and citizens and the committee of escort from the Georgia House of Representatives.
Speaker-Designate Simpson briefly addressed the Senate.
The following resolution was read and adopted:
SR 55. By Senators Millican of the 52nd, Ansley of the lOth, Terrell of the 19th and others: A resolution declaring that the week beginning February 22, 1943 be set aside as W AAC WEEK.
A sealed communication was received from His Excellency, the Governor, through Honorable M. E. Thompson, executive secretary.
The following bill of the Senate was taken up for the purpose of considering the House amendmet thereto:
SB 22. By Senator Bloodworth of the 22nd: A bill to provide for the sale and transfer by guardians, administrators, executors, trustees, and other evidence of indebtedness; and for other purposes.
The House offered the following amendment:
By Mr. Weaver of Bibb:
Amend SB 22 by striking from Section 1, of said bill the words "upon maturity".
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur the ayes were 30, nays 0, and the amendment was concurred in.
The president asked unanimous consent that the following bill of the Senate be tabled.
SB 121. By Senator Pope of the 7th: A bill to authorize the operation of picture shows on Sunday within thirty miles of any army or navy camp, air bases, hospital areas or other bases; and for other purposes.
The consent was granted.

THURSDAY, FEBRUARY 18, 1943

459

The president asked unanimous consent that the following bill of the Senate be tabled:
SB 131. By Senators Pope of the 7th, Raynor of the 12th, and Griner of the 45th: A bill to create a Georgia state guard and provide for the organization, training, discipline, pay and discharge thereof; and for other purposes.
The consent was granted.
The following bill of the Senate was taken up for consideration:
SB 138. By Senators Arnall of the 36th, and Harrison of the 17th: A bill to create a Georgia insurance commission; to license resident agents to represent fire, casualty and marine or fidelity and surety bonds; and for other purposes.
Senator Harrison of the 17th asked unanimous consent that further action on SB 138 be postponed until February 22, 1943, and the consent was granted.
The following bill of the Senate was read the third time and taken up for consideration :
SB 106. By Senators Preston of the 27th and Griner of the 45th: A bill to amend section 42-511 of the code of 1933 relating to the sale of evaporated, condensed or concentrated milk so as to allow the adding of cottonseed, soybean or peanut oil; and for other purposes.
Senator Preston of the 27th asked unanimous consent that SB 106 be postponed until February 23, 1943, and the consent was granted.
The following bills and resolutions were read the third time and put upon their passage:
HB 123. By Messrs. Gardner of Mitchell and Durden of Dougherty: A bill to amend section 68-502 of the 1933 code, to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of peanuts in the shell and peaches; and for other purposes.
The report 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.
HB 174. My Dr. Deal and Mr. Brunson of Bulloch: A bill to amend an act to provide for exemption of taxation to the owner of personal property; providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st of the year in

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JOURNAL OF THE SENATE,

which exemption from taxation is sought; and for other purposes.
Senator Bloodworth of the 22nd offered the following amendment:
Amend HB 174 by adding at the end of section one of said act, and immediately following the words "municipal purposes" a new paragraph to read as follows: "Where the property is jointly owned by the occupant and others, such occupant or occupants shall be entitled to an exemption up to a maximum amount allowed by law in proportion that the occupant's or occupants' interest in the property bears to the total tax assessed value of such property."
The amendment was adopted.
The report of the committee, which was favorable to the pasasge of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Lester of the 18th moved that the following bill be set as a special ana continuing order of business for February 23, 1943:
SB 116. By Senators Lester of the 18th, Atkinson of the 1st and others: A bill to create a state highway commission of ten members and to abolish the state highway board; and for other purposes.
The motion prevailed.
The following bills and resolutions were read the third time and placed upon their passage :
SB 126. By Senators Gross of the 31st, Atkinson of the 1st and others: A bill providing that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder in any mutual insurance company; and for other purposes.
The report 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.
SB 136. By Senators Millican of the 52nd, Pittman of the 42nd and others: A bill to amend the laws of Georgia relative to drunkeness in public places; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 18, 1943

461

On the passage of the bill, the ayes were 34, nays 0.

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

SB 137. By Senators Hall of the 50th, and Pittman of the 42nd: A bill to provide tax assessors cannot hold any state, county or municipal office while serving as tax assessor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 1.

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

Senator Hall of the 50th asked unanimous consent that SB 137 be immediately transmitted to the House and the consent was granted.

SB 142. By Senators Millican of the 52nd and Arnold of the 26th: A bill to authorize common trust funds; to authorize investments or participations 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Atkinson of the 1st 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 Senate resolved itself in executive session at 1 o'clock.

The following communication was dispatched to His Excellency, the Gqvernor, through Henry W. Nevin, secretary of the Senate:

Henry W. Nevin Secretary

The State Senate Atlanta
February 18, 1943

Hon. Ellis Arnall, Governor 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:

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Hon. W. C. Clary of the County of Burke to be a member of the State Board of Education for a term of three years, beginning January 1, 1943 and expiring January 1, 1946, representing the First Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. E. M. Vereen of the County of Colquitt to be a member of the State Board of Education for a term of five years, beginning January 1, 1943 and expiring January 1, 1948, representing the Second Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. W. T. Anderson of the County of Sumter to be a member of the State Board of Education for a term of five years, beginning January 1, 1943 and expiring January 1, 1948, representing the Third Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. Wilkins W. Kirby of the County of Coweta to be a member of the State Board of Education for a term of seven years, beginning January 1, 1943 and expiring January 1, 1950, representing the Fourth Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Mrs. John R. Marsh of the County of Fulton to be a member of the St;tte Board of Education for a term of five years, beginning January 1, 1943 and expiring J anuary 1, 1948, representing the Fifth Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. Jack Tarver of the County of Bibb to be a member of the State Board of Education for a term of seven years, beginning January 1, 1943 and expiring January 1, 1950, representing the Sixth Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. J. Roy McGinty of the County of Gordon to be a member of the State Board of Education for a term of five years, beginning January 1, 1943 and expiring January 1, 1948, representing the Seventh Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. Will C. Parker of the County of Ware to be a member of the State Board of Education for a term of three years, beginning January 1, 1943 and expiring January 1, 1946, representing the Eighth Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. W. W. McCay of the County of Stephens to be a member of the State Board of Education for a term of seven years, beginning January 1, 1943 and expiring January 1, 1950, representing the Ninth Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Hon. Kay Tipton of the County of Morgan to be a member of the State Board of Education for a term of seven years, beginning January 1, 1943 and expiring January 1, 1950, representing the Tenth Congressional District of Georgia. The vote on this confirmation was 43 to 0.
Respectfully yours,
Henry W. Nevin, Secretary of the Senate.

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463

The Senate reconvened in regular session at 1:20 o'clock.

Mr. Hollis of the 24th 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/or 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:
SB 59
SB 107
SB 110

SB 118

SB 119 SB 135 SB 140

SR 42
SR 55

Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:
SB 12

SB 65 SB 50 SR 33 SB 128

Respectfully submitted,
R. L. Boyett, of 11th district, Chairman.

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JOURNAL OF THE SENATE,

Senator Fowler of the 39th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

FRIDAY, FEBRUARY 19, 1943

465

Senate Chamber, Atlanta, Georgia.
Friday, February 19, 1943. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Prayer was offered by Senator Dantzler of the 43rd. By unanimous consent the call of the roll was dispensed with.
Senator Whitworth of the 30th 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 Terrell of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions. The consent was granted.
The following bills of the House .were read the first time and referred to committees:
HB 19. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to amend Chapter 84-10 of the code of 1933 relating to the qualifications, examination and licensing of dental nurses or hygienists; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 118. By Messrs. Smith and Durden of Dougherty:
A bill to amend section 92-2014 of the code of 1933, by striking said section, which reads as follows: "Miniature pool tables. Each person firm, or corporation operating a miniature pool table etc;" to fix the tax on such tables; and for other purposes.
Referred to Committee on Finance.
HB 149. By Mr. Thigpen of Glascock:

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A bill to create and establish an election canvassing board for the state; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 150. By Mr. Thigpen of Glascock: A bill to repeal section 34-1401, section 34-1402, and section 34-1403 of the code of 1933 relating to blank forms, talley sheets, and blank list of voters and certificates used in elections; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 162. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa: A bill to amend section 39-1904 of the code of 1933, providing for ballots in election other than primary elections; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 163. By M,essrs. Thigpen of Glascock, Fortson of Wilkes, Clark of Catoosa: A bill to amend section 34-406 of the code of 1933 pertaining to registered voters list; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 164. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa: A bill to amend chapter 34-32 of the code of 1933, providing for primary elections in general; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton: A bill to amend section 49-103 of the code of 1933 entitled "testamentary guardian; appointment, bond, and dismissal"; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 206. By Mrs. Mankin of Fulton, Mrs. Guerry of Macon: A bill to amend chapter 53-5 of the code of 1933 by providing that a husband living with his wife shall not be entitled to, and shall not receive the salary or wages of his wife; and for other purposes.
Referred to Committee on State of Republic.
HB 256. By Messrs. Fortson of Wilkes, Phillips of Columbia, Dorsey of Cobb: A bill to provide that persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum

FRIDAY, FEBRUARY 19, 1943

467

products shall have the right to eminent domain; and for other purposes. Referred to Committee on State of Republic.
HB 327. By Mr. Thrash of Coffee: A bill to amend the charter of the City of Douglas whereby the city may be zoned or districted for various uses; and for other purposes.
Referred to Committee on Municipal Government.
HB 333. By Mr. Dyal of Appling, Adams of Wheeler and others: A bill to ame:1d section 65-203 and 65-206 of the code of 1933, relating to non-profit cooperative associations so as to permit the granting of charters
to such associations for a term of not to exceed 50 years (rather than 20
years as heretofore provided); and for other purposes. Referred to Committee on Conservation.
HB 357. By Mr. Reynolds of Clayton: A bill to create and incorporate the City of Morrow; and for other purposes.
Referred to Committee on Municipal Government.
HB 392. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relative to oaths of members of council; and for other purposes.
Referred to Committee on Municipal Government.
I
HB 394. By Messrs. Smith and Roughton of Washington: A bill to amend the charter of the City of Davisboro, consolidating the offices of treasurer and city clerk; and for other purposes.
Referred to Committee on Municipal Government.

HB 396. By Mr. Rossee of Putnam: A bill to amend the charter for the City of Eatonton by changing the method of electing a city clerk and by prescribing his powers, duties, compensation and tenure of office; and for other purposes.
Referred to Committee on Municipal Government.
HB 403. By Mr. Sharp of .Toombs: A bill creating a new charter for the City of Vidalia providing for the holding of a democratic primary election; and for other purposes.
Referred to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

HB 421. By Messrs. Gholston of Madison, Price and Hill of Clarke: A bill to amend the acts incorporating the Town of Hull, so as to grant power and authority to regulate the use of streets for business purposes; and for other purposes.
Referred to Committee on Municipal Government.
HB 434. By Mr. Brewton of Evans: A bill to amend an act incorporating the City of Claxton; fixing the salaries of the mayor, councilmen, clerk, treasurer, officers and employees; and for other purposes.
Referred to Committee on Municipal Government.
HB 435. By Messrs. Grayson and McNall of Chatham: A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.
HR 38. By Messrs. Hightower and Swint of Spalding: A resolution proposing an amendment to the constitution so as to provide for the division of Spalding county into school districts; and for other purposes.
Referred to Committee on Amendment to the Constitution.
Mr. Eubank of the 29th District; Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President: Your Committee on Education and Public Schools have had under consideration
the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 134. Do Pass.
Respectfully submitted,
J. E. Eubank, of 29th district, Chairman.
Mr. Dean of the 34th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President: Your Committee on Industrial Relations have had under consideration the fol-
lowing bills of the House and Senate and have instructed me as Chairman, to report

FRIDAY, FEBRUARY 19, 1943

469

the same back to the Senate with the following recommendations: HB 251. Do Pass by substitute. SB 150. Do Pass by substitute. Respectfully submitted, Dean of 34th district, Chairman.

Mr. Thigpen of the 49th District, Vice-Chairman of the Committee on Finance, submitted the following report:
Mr. President: Your Committee on Finance have had under consideration the following bills
of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 175. Do Pass.
SB 159. Do Not Pass.
Respectfully submitted,
Thigpen of 49th district, Vice-Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties and
. County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters have had under considera-
tion the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 324. Do Pass as amended. HB 417. Do Pass.
HB 418. Do Pass. SB 172. Do Pass.
Respectfully submitted, G. H. Moore of 32nd district, Chairman.
Mr. Arnall of the 36th District, Chairman of the Committee on Appropriations, submitted the following report:

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JOURNAL OF THE SENATE,

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:

HR 20. Do Pass. HR 56. Do Pass.

HR 57. Do Pass.

Respectfully submitted,

H. C. Arnall of 36th district, Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President: Your Committee on Amendments to Constitution have had under consideration
the following bills 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:
SB 144. Do Pass. SB 132. Do Pass. HR 14. Do Pass. SB 156. Do Pass. SR 54. Do Pass. HB 402. Do Pass. SB 30. Do Not Pass.
Respectfully submitted,
Pope of 7th district, Chairman.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
resolutions of the Senate to wit:
SR 55. By Senators Millican of the 52nd, Ansley of the lOth, and others: A resolution declaring that the week beginning February 22, 1943, be set aside as W AAC WEEK; and for other purposes.

FRIDAY, FEBRUARY 19, 1943

471

SR 49. By Senator Pope of the 7th: A resolution that Wednesday, February 24, 1943, be set aside as "ArmyNavy Salvage Day" and all citizens be called upon to close up their businesses and aid local salvage committees in the collection of scrap materials; and for other purposes.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 134. By Senator Gross of the 31st and Eubank of the 29th: A bill to equalize educational opportunities throughout the state in certain phases of vocational education; to provide for encouraging the development of an adequate system of public vocational training under state supervision and local control; and for other purposes.
SB 144. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, and Dean of the 34th: A bill to rept'al an act relative to publication of proposed amendments to the contititution; and for other purposes.
SH 156. By Senator Gross of the 31st: A bill proposing an amendment to article 7, section 2, paragraph 2, of the constitution to exempt from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation where ninety per cent thereof is held by a Georgia corporation; and for other purposes.
SB 172. By Senator Pittman of the 42nd: A bill to repeal an act to establish a city court in the County of Bartow and to make disposition of cases through the superior court; and for other purpose<>.
SR 54. By Senators Kennedy of the 22nd and Forester of the 44th: A resolution proposing an amendment to article 6, section 15, paragraphs 1 and 2 of the constitution, to provide that ten days after service the judge of the superior court may grant or refuse a decree for total divorces; and for other purposes.
HB 175. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act to provide for homesteads exempt from certain taxation by providing that the date for the filing of the application for exemption shall be changed from April 1, to May 1, of the year in which exemption from taxation is sought; and for other purposes.
HB 251. By Messrs. Hand of Mitchell, Kendrick of Fulton:

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JOURNAL OF THE SENATE,

A bill to amend and revise the laws relating to cost collected in cases in the supreme court and court of appeals, to provide for payment and report of such cost monthly to the state treasurer, and fixing salaries of certain court attaches; and for other purposes:
HB 324." By Messrs. Smith and Reid of Carroll:
A bill to fix the salary of the jailer of Carroll county; to fix fees for the feeding of prisoners confined in the jail; and for other purposes.
HB 402. By Messrs. Gowen and Gilbert of Glynn: A bill providing that the General Assembly may abolish justice courts and the office of justice of peace in Glynn county; and for other purposes.
HR 14. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson and others:
A resolution proposing an amendment to article 5 of the constitution to
create a game and fish commission; and for other purposes.
HR 20. By Mr. Etheridge of Fulton: A resolution memoralizing congress to enact legislation abolishing the dual price system for quota peanuts and excess peanuts so as to encourage the farmers to plant sufficient peanuts to supply the war demands; and for other purposes.
HR 56. By Mr. Smith of Dougherty: A resolution providing for the payment to the heirs of Charles W. Crankshaw the balance of purchase price, with interest, on three pieces of silver presented by the State of Georgia for the Battleship Georgia, and subsequently placed in the Governor's mansion, where it is now being used; and for other purposes.
HR 57. By Messrs. Heard of Elbert, and Burton of Lee: A resolution to appropriate the sum of $2,000 to Willoughby Beauchamp and $750 to Harold Langston for injuries sustained while in line of duty as highway patrolmen; and for other purposes.
The following local uncontested bills of the Senate and House were read the third time and put upon their passage:
SB 155. By Senator Kennedy of the 2nd: A bill to incorporate the City of Collins; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 19, 1943

473

SB 158. By Senator Kennedy of the 2nd: A bill to repeal the charter of the City of Collins; and for other purposes.
The report 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.
SB 161. By Senator Dean of the 34th: A bill to abolish the office of tax receiver for Rockdale county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 162.. By Senator Dean of the 34th: A bill to abolish the office of tax collector for Rockdale county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 163. By Senator Dean of the 34th: A bill to create the office of tax commissioner of Rockdale 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 284. By Mr. Woodruff of Barrow: A bill to amend the act establishing a new charter for the City of Winder to provide for a commission form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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JOURNAL OF THE SENATE,

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

HB 303. By Mr. Gholston of Madison:

A bill to fix the status of the Madison County Academy in the Danielsville

school district of Madison county; and for other purposes.



Senator Whitworth of the 30th offered the following substitute.

A BILL
To be entitled an Act to repeal an Act approved December 13, 1823, entitled "An Act to incorporate the Madison County Academy and to appoint trustees for the same" (Georgia Laws 1823, pp. 26-27) and all laws amendatory thereof; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Act approved December 13, 1823, entitled "An Act to incorporate the Madison County Academy and to appoint trustees for the same" (Georgia Laws 1823, pp. 26-27) and all Acts amendatory thereof be, and the same are hereby repealed.
Section 2. That all laws and parts of laws m conflict herewith are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 369. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to authorize boards of education of cities or counties of a population in excess of three hundred thousand to establish and operate schools on a twenty-four hour basis and to pay the cost thereof; and for other purposes.
The report of the committee, which was favorable to the paassage 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.

HB 417. By Mr. Wright of Gilmer:
A bill to repeal the act to create the office of commiSSioner of roads and revenues of Gilmer county; and for other purposes.



FRIDAY, FEBRUARY 19, 1943

475

The report of the committee, which was favorable to the paassage 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.

HB 418. By Mr. Wright of Gilmer:
A bill to create a: county commissioner of Gilmer county; and for other
purposes.
The report of the committee, which was favorable to the paassage 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.
Mr. Hollis of the 24th 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/or 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:
SB 126 SB 136 SB 137
SB 142
Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.
Mr. Boyett of the 11th 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/or 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 Governor:
SR 55
SB 22
SB 52



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JOURNAL OF THE SENATE,

SB 53 SB 62 SR 49 SB 73

Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

The president asked unanimous consent that the following bill be withdrawn from the Committee on University System of Georgia, read the second time and recommitted:
SB 173. A bill to authorize the board of regents of the university system of Georgia to provide an annuity for the retirement of employees of the university system of Georgia; and for other purposes.
The consent was granted.

The president appointed as a committee of escort to accompany Honorable Fred McAlister, International President of Kiwanis, of Ontario Canada, to the hall of the House of Representatives: Senators Millican of the 52nd and Pope of the 7th.
Senator Terrell of the 19th moved that the Senate stand automatically adjourned at the completion of the joint session to be held today, provided for in a previous resolution, and the motion prevailed.
The hour of convening the joint session of the Senate and House to hear an address by the Honorable Fred McAllister having arrived, the president, accompanied by the secretary and senators proceeded to the hall of the House of Representatives.
The joint session of the Senate and House was called to order by the president.
The secretary read a resolution convening the joint session.
The president presented Honorable Fred McAlister, International President of Kiwanis, of Ontario Canada, who addressed the General Assembly.

The following resolution was read and adopted:
By Mr. Sills of Candler.
A RESOLUTION
As president of the Metter Candler County Kiwanis Club and as a member of the Georgia legislature and in behalf of the Georgia General Assembly, we commend to the people of Georgia, the speech of Mr. McAlister and request Congress to put into effect the principles embodied in his address.

FRIDAY, FEBRUARY 19, 1943

477

Mr. Durden of Dougherty moved that the joint session do now dissolve and the motion prevailed.
Under a previous motion the Senate stood automatically adjourned until 10 o'clock Monday morning.

478

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Monday, February 22, 1943.
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 Terrell of the 19th 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. ConsideratiQn of general bills and resolutions. The consent was granted.
A privileged resolution by Senator Kennedy of the 2nd granting the privileges of the floor to Mrs. ]. A. Bacon, wife of the vice-president of the Glenville Bank, Glenville, Tattnall county, was read and adopted.

The following communication was read by the secretary:

Honorable Frank E. Gross, President of the Senate and Honorable Henry W. Nevin, Secretary of the Senate Georgia State Senate, Atlanta, Ga.

New York, N.Y.

I deeply regret my inability take advantage your kind invitation to address Georgia Legislature. I am on the go day and night and there are so many must problems involved in our winning the war that the days are too short and the nights are not long enough. I know you will understand and wish you would convey my genuine appreciation and regrets to your colleagues.

Regards,

Eddie Rickenbacker.

MONDAY, FEBRUARY 22, 1943

479

The following bills and resolutions were introduced, read the first time and referred to committees:
SB 174. By Senator Gross of the 31st:
A bill to amend section 73-216 of the code of 1933, sub-section 3 to change the figures "0.10" and inserting the figures "0.25" relative to sulphur content of gasoline; and amending section 73-216 by striking the words "United States government bureau of mines", and substituting the words "federal specifications board"; and for other purposes.
Referred to Committee on State of Republic.

SB 175. By Senator Millican of the 52nd: A bill to authorize for the division of militia districts in Fulton county into precinct areas where additional election precincts are authorized; and for other purposes. Referred to Committee on Counti~s and County Matters.
SB 176. By Senator Millican of the 52nd: A bill to require registration cards in the voters' book in Fulton county, to disclose information regarding naturalization date; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 177. By Senator Millican of the 52nd: A bill to require election managers in Fulton county to preserve the applications for ballots of voters; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 178. By Senator Millican of the 52nd: A bill to amend the charter of the City of Atlanta, to provide for the election of the city attorney by the qualified voters of the city; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 179. By Senator Millican of the 52nd: A bill to amend the pension act of Fulton county to increase the amount of maximum payable; to provide for payments of pensions for lesser periods of service; to create a pension board for Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Harrison of the 17th and Pope of the 7th:

480

JOURNAL OF THE SENATE,

A bill proposing an amendment to article 4, section 2, of the constitution, to provide for the public service commission, its membership, election, terms of office, powers and duties; and for other purposes.
Referred to Committee on Amendments to the Constitution.
SB 181. By Senator Williams of the 5th: A bill to amend the act providing for the chartering of non-profit corporations to furnish group hospital service to provide the state department of public welfare must approve and supervise the administration of such acts; and for other purposes.
Referred to Committee on Amendments to the Constitution.
SB 182. By Senator Bloodworth of the 23rd: A bill to incorporate a new municipality in Houston county, to be known as Warner Robins; and for other purposes.
Referred to Committee on Municipal Government.
SB 183. By Senators Pittman of the 42nd, and Gross of the 31st: A bill to provide revenue and a source of revenue for paying annuities and benefits to the peace officers of the state; and for other purposes.
Referred to Committee on State of Republic.
SB 184. By Senator Martin of the 13th: A bill to abolish the office of county treasurer of Macon county and designate a county depository; and for other purposes.
Referred to Committee on Counties and County Matters.
SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Forester of the 44th: A resolution proposing an amendment to article 5, section 1, paragraph 4, of the constitution, providing that returns of every election of Governor shall be in such manner as is prescribed by the General Assembly; and for other purposes.
Referred to Committee on Amendments to the Constitution.
SR 57. By Senators Atkinson of the 1st and Williams of the 5th: A resolution memoralizing Congress to direct the board of United States engineers, or some other public authority, to investigate and study the feasibility, practicability and financial justification for creating a comprehensive marketing system for the agricultural products of the United States; and for other purposes.

MONDAY, FEBRUARY 22, 1943

481

Referred to Committee on Agriculture. The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills
and resolutions of the House to wit:
HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee: A bill to amend the income tax laws to provide deduction for alimony payments; and for other purposes.
HB 235. By Messrs. Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, and others: A bill to amend an act to provide for the establishment of the department of labor by fixing the salary of the commissioner at $6,000 per annum; and for other purposes.
HB 238. By Messrs. Gowen and Gilbert of Glynn: A bill to provide that no income tax return made to the state shall be required to be verified .by the taxpayer before such filing; and for other purposes.
HB 339. By Messrs. MeN all of Chatham, Ferguson of Camden, Gowen of Glynn, and others: A bill to regulate and control the planting re-planting, growing, collection or gathering of oysters in the state; and for other purposes.
HB 344. By Mr. Dorsett of Douglas: A bill to create a commissioner of roads and revenues for Douglas county; and for other purposes.
HB 387. By Messrs. Allison of Gwinnett, Moore of Baldwin and others: A bill to repeal chapter 32-26 of the code of 1933 to abolish the state library commission; and for other purposes.
HB 432. By Mr. Porter of Gordon: A bill to amend an act to create the office of commissioner of roads and revenues in and for Gordon county; to increase the salary of the commissioner to $3,000 per annum; and for other purposes.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to create and establish for DeKalb county, a DeKalb county waterworks advisory board; and for other purposes.

482

JOURNAL OF THE SENATE,.

HB 443. By Messrs. Bargeron and Cates of Burke: A bill to establish the city court of Waynesboro; to provide for trial by jury of six when twelve jurors are not demanded; and for other purposes.
HB 445. By Mr. Dorsett of Douglas: A bill to amend an act amending an act creating the office of tax commissioner of Douglas county; to provide clerical help for the commissioner; and for other purposes.
HB 447. By Mr. Dorsett of Douglas: A bill to repeal an act to create a board of commisswners of roads and revenues of Douglas county; and for other purposes.
HB 398. By Messrs. Smith and Roughton of Washington: A bill to require an advance deposit of the sum of Ten ($10.00) dollars by the plaintiff in each and every divorce case filed in the superior court of Washington county; and for other purposes.
HB 408. By Mr. Salter of Upson: A bill to amend section 69-201 of the code of 1933, regulating the eligibility of councilmen and aldermen of Thomaston for election to other municipal offices; and for other purposes.
HB 438. By Messrs. Hubert, Broome, and Turner of DeKalb: A bill to provide a salary for the official court reporter of the Stone Mountain judicial circuit; and for other purposes.
HB 444. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to provide for holding six regular terms each year of the superior court of Bibb county; and for other purposes.
HB 446. By Mr. Fussell of Webster: A bill to set up the method of electing members of county boards of education in Webster county; and for other purposes.
HB 453. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act to fix the salary of the clerk of the superior court of Bulloch county; and for other purposes.
HB 473. By Messrs. Price and Hill of Clarke: A bill to repeal an act to require the payment of fees of clerks and sheriffs of superior courts in divorce cases in Clarke county; and for other purposes.
HB 476. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to establish a new charter for the City of Atlanta

MONDAY, FEBRUARY 22, 1943

483

relative to death of firemen from injuries; and for other purposes.

HB 477. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to amend an act to provide that cities having a population of 150,000 by the United States census of 1920 shall furnish aid, relief and pensions to various employees; and for other purposes.

HB 487. By Mr. Giddens of Calhoun:
A bill to abolish the city court of Morgan; to transfer all records of such court and the pending business in such court to the superior court of Calhoun county; and for other purposes.

HB 153. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to empower the board of commissioners in counties of 200,000 or more to acquire real estate by purchase or condemnation when such acquisition will aid in slum clearance, promote sanitation, abate or remove a health menace; and for other purposes.
HB 189. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: A bill to create a civil service board in Fulton county; and for other purposes.
HB 197. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 21-105 of the code of 1933 so as to provide for an increase in the fees of coroners in DeKalb county; and for other purposes.
HB 293. By Mr. Pirkle of Forsyth: A bill to provide the dates of holding two terms of superior court of Forsyth county; and for other purposes.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia, McNall of Chatham: A bill to regulate the sale and distribution of hunting and fishing licenses; and for other purposes.
HB 346. By Messrs. Hatchett of Meriwether, Hill of Troup, Smith of Carroii, and Sheppard of Heard and others: A bill to amend sections 24-3103 and 24-3104 of the code of 1933, by providing for additional compensation of the court reporter in the Coweta judicial circuit; and for other purposes.
HB 356. By Mr. Thomas of Chattooga: A bill to amend an act relating to juvenile courts, by making said act applicable to Chattooga county; and for other purposes.
HB 380. By Mr. Boynton of Union:

484

JOURNAL OF THE SENATE,

A bill to provide for the minimum compensation to be paid county school superintendents by county boards of education in Union county and to provide that such compensation shall be in addition to that paid by the state out of the school funds of Georgia; and for other purposes.
HB 383. By Mr. Riley of Peach: A bill to provide for holding three regular terms each year of the superior court of Peach county; and for other purposes.
HB 449. By Messr&. Riddlespurger and Cheshire of Colquitt: A bill to create and establish a new charter for the City of Moultrie; and for other purposes.
HB 462. By Messrs. Smith and Reid of Carroll: A bill to create a board of commissioners of roads and revenues for the County of Carroll; and for other purposes.
HB 464. By Mr. Anderson of Wayne: A bill to authorize the Governor to grant to the commissioners of roads and revenues of Wayne county the original land lots number 20 and 48, in the 3rd land district of said county; and for other purposes.
HB 465. By Mr. Moore of Taliaferro: A bill to amend the act designating a county depository of Taliaferro county; and for other purposes.
HB 466. By Messrs. Price and Hill of Clarke: A bill to amend an act to authorize Clarke county to acquire and operate a hospital; and for other purposes.
HB 467. By Mr. Gillis of Treutlen: A bill to change the day on which the city court of Soperton meets from the third Mondays to the second Mondays in January, April, July and October; and for other purposes.
HB 474. By Mr. Sills of Candler: A bill to amend an act creating the board of roads and revenues commissioners in the County of Candler; to fix the salary of the clerk at $65 per month; and for other purposes.
HR 68. By Messrs. Durden of Dougherty, Culpepper of Fayette, and Harris of Richmond: 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 sub-division

MONDAY, FEBRUARY 22, 1943

485

issuing such obligations; and for other purposes.

HB 496. By Messrs. Whipple of Bleckley, Dupree of Pulaski, and Yawn of Dodge:
A bill to regulate the payment in advance of costs in divorce cases filed in the Superior Courts of Bleckley, Pulaski and Dodge counties; and for other purposes.

HR.71. By Messrs. Barfield, Wilson, and Weaver of Bibb: A resolution to relieve Pete Goddard from liability on the bond of Noah Grimes in the city court of Macon forfeited at the May term 1942; and for other purposes.
HR 94. By Messrs. Durden and Smith of Dougherty: A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty county; and for other purposes.
HR 95. By Mr. Gholston of Madison:
A resolution that J. M. LaCount, surety on $200.00 bond of Dave Meadow,
be relieved from payment of the $200.00; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 61. By Senator Millican of the 52nd: A bill to amend an act for examination of master electricians in counties having population of 150,000 or more by census of 1930 so as to reduce the cost of renewal certificates; and for other purposes.
SB 63. By Senator Hollis of the 24th: A bill ::o change the time of holding the superior court of Chattahoochee county from the third Mondays in March and September in each year to the fourth Mondays in March and September in each year; and for other purpo&es.
SB 74. By Senator Boyett of the 11th: A bill to amend the act incorporating Andrew Female College; to provide for changes in the number of trustees; and for other purposes.
SB 104. By Senator Stark of the 33rd: A bill to amend sections 24-3103 and 24-3104 of the code of 1933 by providing additional compensation for the court reporter of the Piedmont judicial circuit; and for other purposes.
SB 111. By Senator Bloodworth of the 23rd: A bill to provide for holding two regular terms each year of the superior

486

JOURNAL OF THE SENATE,

court of Houston county; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 55. By Senator Arnold of the 26th: A bill to amend section 24-3104 of the code of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.
SB 120. By Senator Millican of the 52nd: A bill to amend an act to provide that counties having a population of more than 200,000 shall furnih aid and relief and pensions to _regular members of county police departments; and for other purposes.

SB 86. By Senator Ennis of the 20th: A bill to amend an act so as to grant the trial judge jurisdiction to commit convicts between 16 and 18 years to state training school for boys; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 153. By Messrs. Etheridge and Kendrick of Fulton and Mrs. Mankin of Fulton: A bill to empower the board of commissioners in counties of 200,000 or more to acquire real estate by purchase or condemnation when such acquisition will aid in slum clearance, promote sanitation; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee: A bill to amend the income tax laws to provide deductions for alimony payments; and for other purposes.
Referred to Committee on Finance.
HB 189. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A bill to create a civil service board in Fulton county; an!\ for other purposes.
Referred to Committee on Counties and County Matters.
HB 197. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 21-105 of the code of 1933 so as to provide for an increase in the fees of coroners in DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 22, 1943

487

HB 235. By Messrs. Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Hart of Quitman, Turner of DeKalb and others: A bill to amend an act to provide for the establishment of the department of labor by adjusting and fixing the salary of the commissioner; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 238. By Messrs. Gowen and Gilbert of Glynn: A bill to provide that no income tax return made to the state shall be required to be verified by the taxpayer before such filing; and for other purposes.
Referred to Committee on Finance.
HB 293. By Mr. Pirkle of Forsyth: A bill to provide the dates of holding two terms of superior court of Forsyth county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia, and McNall of Chatham: A bill to regulate the sale and distribution of hunting and fishing licenses; and for other purposes.
Referred to Committee on Game and Fish.
HB 339. By Messrs. McNall of Chatham, Ferguson of Camden, Gowen of Glynn and others: A bill to regulate and control the planting and re-planting, growing, collection or gathering of oysters in the state; and for other purposes.
Referred to Committee on Game and Fish.
HB 344. By Mr. Dorsett of Douglas: A bill to create a commissioner of roads and revenues for Douglas county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 346. By Messrs. Hatchett of Meriwether, Hill of Troup, Smith of Carroll, and Sheppard of Heard: A bill to amend sections 24-3103 and 24-3104 of the code of 1933, by providing for additional compensation of court reporters of the Coweta judicial circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

488

JOURNAL OF THE SENATE,

HB 356. By Mr. Thomas of Chattooga: A bill to amend an act relating to juvenile courts making same applicable to Chattooga county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 380. By Mr. Boynton of Union: A bill to provide for the minimum compensation to be paid county school superintendents by county boards of education in Union county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 383. By Mr. Riley of Peach: A bill to provide for holding three regular terms each year of the superior court of Peach county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 387. By Messrs. Allison of Gwinnett, Moore of Baldwin, and others: A bill to repeal chapter 32-26 of the code of 1933 to abolish the state library commission and to transfer its functions and services to the state board of education; and for other purposes.
Referred to. Committee on Public Library.
HB 398. By Messrs. Smith and Roughton of Washington: A bill to require an advance deposit of the sum of $10.00 by the plaintiff in each and every divorce case filed in the superior court of Washington county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 408. By Mr. Salter of Upson: A bill ro amend section 69-201 of the code of 1933, regulating the eligibility of councilmen and alderman of Thomaston for election to other municipal offices; and for other purposes.
Referred to Committee on Municipal Government.
HB 432. By Mr. Porter of Gordon: A bill to amend an act to create the office of commissioner of roads and revenues in and for the County of Gordon; to increase the salary of the commissioner to $3,000 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:

MONDAY, FEBRUARY 22, 1943

489

A bill to create and establish for DeKalb county, a DeKa!b county waterworks advisory board; and for other purposes. Referred to Committee on Counties and County Matters.
HB 438. By Messrs. Hubert, Broome, and Turner of DeKalb: A bill to provide a salary for the official court reporter of the Stone Mountain judicial circuit; and for other purposes. Referred to Committee on Counties and County Matters.
HB 443. By Messrs. Bargeron and Cates of Burke: A bill to amend an act to establish the city court of Waynesboro; to provide trial by jury of six when twelve jurors are not demanded; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 444. By Messrs. Weaver, Barfield, and Wilson of Bibb: A bill to provide for holding six regular terms each year of the superior court of Bibb county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 445. By Mr. Dorsett of Douglas: A bill to amend an act creating the office of tax commissioner of Douglas county; to provide clerical help for the commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 446. By Mr. Fussell of Webster: A bill to set up the method of electing members of county boards of education in Webster county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 447. By Mr. Dorsett of Douglas: A bill to create a board of commissioners of roads and revenues of Douglas county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 449. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to create and establish a new charter for the City of Moultrie; and for other purposes.
Referred to Committee on Municipal Government.
HB 453. By Messrs. Deal and Brunson of Bulloch:

490

JOURNAL OF THE SENATE,

A bill to amend an act relative to the salary of the clerk of the superior court of Bulloch county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 462. By Messrs. Smith and Reid of Carroll: A bill to create a board of commissioners of roads and revenues for the County of Carroll; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 464. By Mr. Anderson of Wayne: A bill to authorize the Governor grant to the commissioners of roads and revenues of Wayne county, the original land lots Number 20 and 48 in the 3rd land district; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 465. By Mr. Moore of Taliaferro: A bill to amend an act to abolish office of county treasurer of Taliaferro county; to provide for the designation of county depository; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 466. By Messrs. Price and Hill of Clarke: A bill to amend an act to authorize Clarke county to acquire and operate a hospital in said county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 467. By Mr. Gillis of Treutlen: A bill to amend an act creating the city court of Soperton to change the time for holding quarterly terms; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 473. By Messrs. Price and Hill of Clarke: A bill to repeal an act to require the payment of fees of clerks and sheriffs of superior courts in divorce cases in Clarke county; and fo!" other purposes.
Referred to Committee on Counties and County Matters,
HB 474. By Mr. Sills of Candler: A bill to amend an act creating the board of roads and revenues commissioners in and for the County of Candler to fix the salary of the clerk at $65 per month; and for other purposes.
Referred to Committee on Counties and County l.Vlatters.

MONDAY, FEBRUARY 22, 1943

491

HB 476. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton: A bill to amend an act to establish a new charter for the City of Atlanta relative to death of firemen from injuries; and for other purposes.
Referred to Committee on Municipal Government.
HB 487. By Mr. Giddens of Calhoun: A bill to abolish the city court of Morgan; to transfer all records of such court and the pending business in such court to the superior court of Calhoun county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 477. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to provide that cities having a population of 150,000 shall furnish aid, relief and pensions to various employees; and for other purposes.
Referred to Committee on Municipal Government.
HB 496. By Messrs. Whipple of Bleckley, Dupree of Pulaski, and Yawn of Dodge: A bill to regulate the payment in advance of costs in divorce cases filed in the superior courts of Bleckley, Pulaski and Dodge counties; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HR 68. By Messrs. Durden of Dougherty, Culpepper of Fayette, and Harris of Richmond: 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 sub-division issuing such obligations~ and for other purposes.
Referred to Committee on Amendments to the Constitution.,
HB 71. By Messrs. Barfield, Wilson and Weaver of Bibb: A resolution to relieve Pete Goddard from liability on the bond of Noah Grimes in the city court of Macon forfeited at the May term, 1942; and for other purposes.
Referred to Committee on Special Judiciary.
HR 94. By Messrs. Durden and Smith of Dougherty: A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty county; and for other purposes.
Referred to Committee on Public Library.

492

JOURNAL OF THE SENATE,

HR 95. By Mr. Gholston of Madison: A resolution that J. M. LaCount, surety on $200.00 bond of Dave Meadow, be relieved from payment of the $200.00; and for other purposes.
Referred to Committee on Special judiciary.
Mr. Kennedy of the 2nd District, Chairman of the Committee on Conservation, submitted the following report:
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:
HB 333. Do Pass
Respectfully submitted,
Kennedy, of 2nd district, Chairman.
Mr. Millican of the 52nd District, Chairman of the Committee on Aviation, submitted the following report:
Mr. President: Your Committee on Aviation have had under consideration the following bill
of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 270. Do Pass
Respectfully submitted,
G. E. Millican, of 52nd district,
Chairman.
Mr. Forester of the 44th District, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. President: Your Committee on Western and Atlantic Railroad have had under considera-
tion the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 82. Do Pass Respectfully submitted,
Elbert Forester, of 44th district, Chairman.
Mr. Kaigler of the 12th District, Chairman of the Committee on Special Judi-

MONDAY, FEBRUARY 22, 1943

493

ciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary have had under consideration the follow-
ing bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 87. Do Pass

Respectfully submitted,
Kaigler, of 12th district, Chairman.

Mr. Ingram of the 51st 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:

HB 403. Do Pass

HB 434. Do Pass

HB 435. Do Pass

HB 357. Do Pass

Respectfully submitted,

R. A. Ingram, of 51st district, Chairman.

Mr. Foster of the 40th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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:

HR 75, 306A. Do Pass

SB 170. Do Pass

Respectfully submitted,

Foster, of 40th district, Chairman.

The following bills and resolutions of the Senate and House, favorably reported

494

JOURNAL OF THE SENATE,

by the committees, were read the second time:
SB 87. By Senators Forester of the 44th and Pope of the 7th: A bill to amend an act to license and regulate the business of making small loans of $300 or less; and for other purposes.
SB 170. By Senator Oden of the 46th: A bill to amend an act to provide that all powers, duties, responsibilities and functions previously performed by the state entomologist shall now be vested in the director of entomology; and for other purposes.
HB 270. By Messrs. Battles and Mills of Decatur: A bill granting to the commissioners of roads and revenues of Decatur county the authority to provide for an air-space safety zone upon certain property situated adjacent to airports within the unincorporated areas of Decatur county; and for other purposes.
HB 357. By Mr. Reynolds of Clayton: A bill to create and incorporate the City of Morrow; and for other purposes.
HB 403. By Mr. Sharp of Toombs: A bill amending an act creating a new charter for the City of Vidalia relative to democratic primary elections; and for other purposes.

HB 434. By Mr. Brewton of Evans:
A bill to amend an act amending an act incorporating the City of Claxton fixing the ~alaries of the mayor, councilmen, clerk, treasurer, officers and employees; and for other purposes.

HB 435. By Messrs. Grayson and McNall of Chatham:
A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said Cit), and for other purposes.

HB 333. By Mr. Dyal of Appling, Adams of Wheeler and others:
A bill to amend section 65-203 and 65-206 of the code of 1933, relating to non-profit cooperative associations so as to permit the granting of charters to such associations for a term of not to exceed 50 years (rather than 20 years as heretofore provided) ; and for other purposes.

HB 75. By Mr. Brewton of Evans:
A resolution authorizing the Governor and the commissioner of agriculture acting for and on behalf of the State of Georgia, to convey a certain lot or

MONDAY, FEBRUARY 22, 1943

495

tract of land located in the City of Claxton; and for other purpcse11.
HR 82. By Messrs. Harris of Richmond, Copland, Smith and Elliott of Muscogee:
A resolution that in pursuance of the act of the general assembly of Georgia approved March 21, 1939 (Ga. Laws 1939, p. 394-399) creating the Western and Atlantic railroad commission and providing for filling of vacancies thereon, Frank D. Foley, of Columbus, be, and he is, hereby elected a member of said Western and Atlantic railroad commission to succeed A. H. Freeman, of Newnan, deceased; and for other purposes.
The following local, uncontested bills were read the third time and put upon their passage:
HB 324. By Messrs. Smith and Reid of Carroll:
A bill to fix a salary for the jailer of Carroll county; and for other purposes.
Senator Brock of the 37th offered the following amendments:
Amend by striking the words "eighty-five cents" and substituting in lieu thereof the words "seventy-five cents."
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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 402. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to article 6, section 7, paragraPh 1, of the Constitution of Georgia so as to authorize the General Assembly in its discretion to abolish justice courts and the office of Justice of Peace and Notary Public Exofficio Justice of Peace in Glynn County, Georgia, and to establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts and with such further provision for the correction of errors by the

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superior court or the court of appeals or the supreme court as the General Assembly may, from time to time, in its discretion, provide or authorize; 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 AUTHORIITY OF SAME:
Section 1. That Article 6, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding immediately after the words "of over twenty thousand" and immediately in front of the words "and establish in lieu thereof" the words "and as well in the County of Glynn" so that the said paragraph as amended shall read as follows, to wit:
"There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years; Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject-m~tter now exercised by justice courts and by justices of the peace and notaries public ex:-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correct;on of errors by the superior court, or court of appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion provide or authorize Any court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Sup1eme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The municipal court of Atlanta shall have

MONDAY, FEBRUARY 22, 1943

497

jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any Court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section IX of Article VI of the Constitution of Georgia."

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 6, Section 7, Paragraph 1, of the Constitution so as to authorize the General Assembly to abolish Justice Courts in Glynn County and to create such new courts or system of Courts as the General Assembly may, in its discretion, deem necessary or transfer their function to an existing court" 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 6, Section 7, Paragraph 1, of the Constitution so as to authorize the General Assembly to abolish Justice Courts in Glynn County and to create such new courts or sy~tem of Courts as the General Assembly may, in its discretion, deem necessary or transfer their function to an existing court." 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 6, 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 vote was as follows:

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bloodworth of 22nd Bloodworth of 23rd Brock

Clements Byrd Cooper Dean Ennis Forester Foster

Fowler Griner Hampton Harrison Kaigler Kennedy Kennon

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Kimbrough Lester Lovett Martin Millican

Newton Pittman Preston Raynor Simmons

Stark Terrell Whitworth of 38th Williams

Those not voting were Senators Bacon, Boyett, Estes, Eubank, Hall, Hollis, Dantzler, Ingram, Jones, Moore, Oden, Peterson, Pope, Shannon, Thigpen and Whitworth.

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

On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
Senator Lester of the 18th asked unanimous consent that the following bill be recommited to the Committee on State of Republic:

SB 116. By Senators Lester of the 18th, Atkinson of the 1st and others: A bill to create a state highway commission of ten members and to abolish the state highway board; and for other purposes.

The consent was granted. The following bills were read the third time and put upon their passage:

SB 141. By Senator Harrison of the 17th:
A bill to amend the homestead exemption act to provide where an owner contracts for replacement of a home and resides in the replaced dwelling under a bona fide option to purchase, he shall be entitled to tax exemption; and for other purposes.

The report 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 Harrison of the 17th asked unanimous consent that SB 141 be immediately transmitted to the House and the consent was granted.

SB 143. By Senators Lester of the 18th, Millican of the 52nd and Arnold of the 26th:
A bill to regulate the manufacture, baking, mix, compound, ~ale or offer for sale of flour and bread; to require the enrichment of flour and bread by the addition of vitamins and minerals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 22, 1943

499

On the passage of the bill, the ayes were 30, nays 4.
The bill, having received the requisite constitutional majority, was passed.
SB 150. By Senator Estes of the 35th: A bill to amend the unemployment compensation law to provide persons who leave work to marry shall receive no benefit, and persons leaving work for self-employment or individuals discharged for dishonesty shall receive no benefits; and for other purposes.
The report 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.
SB 157. By Senators Preston of the 27th and Harrison of the 17th: A bill to provide any person who was in the final semester of his senior dental college year, in the year 1916, who has been a resident of Georgia for twenty-five years, and who shall satisfy the board of dPntal examiners either by pa&sing an examination, or furnishing a certificate signed by ten licensed dentists of his qualifications, shall be issued a license to practice dentistry; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 13, nays 15.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Harrison of the 17th gave notice that at the proper time he would move that the Senate reconsider its action in the failure to pass SB 157.
SB 160. By Senator Bloodworth of the 22nd: A bill to provide that any person, firm or corporation violating any rule, ordinan:e or resolution prescribed, promulgated, ordained or resolved by proper county governmental authorities shall be guilty of a misdemeanor; and for other purposes.
Senator Bloodworth of the 22nd moved that further action on SB 160 be postponed until February 24, 1943, and the motion prevailed.
3B 165. By Senator Millican of the 52nd: A bill to amend sections 66-102 and 66-9901 of the code of 1933 relative to payment of wages in lawful money or checks to provide the law shall not apply to the State of Georgia or any political subdivision; 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 156. By Senator Gross of the 31st:
An Act to propose to the qualified voters of Georgia an amendment to Article seven, Section two, Paragraph II, of the Constitution of Georgia, so as to exempt from ad valorem and intangibles taxes in Ge01gia the common voting stock of a subsidiary corporation when at least ninety per ceat thereof is held by a Georgia corporation and for the purpose of enabling such parent corporation to carry on part of its business through such subsidiary; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article seven, Section two, Paragraph II, 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:
"There shall be exempt from all ad valorem and intangibles taxes in this State the common voting stock of a subsidiary corporation not doing business in this state, if at least ninety per cent of such common voting stock is owned by a Georgia corporatioq with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article seven, Section two, Paragraph II, of the Constitution, exempting from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation, at least ninety per cent of which is owned by a Georgia corporation with its principal place of business in this State," 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 seven, Section two, Paragraph II, of the Constitution, exempting from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation, at least ninety per cent of which is owned by a Georgia corporation with its principal place of business in this State;" and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when th.e results shall be consolidated as now required by law in elections for members of the

MONDAY, FEBRUARY 22, 1943

501

General Assembly, the said amendment shall become a part of Article seven, Section two, Paragraph II, of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The 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:

Ansley Arnall Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dean

Estes Forester Fowler Griner Hampton Hollis Ingram Kennedy Kennon Kimbrough Lester Millican

Moore Newton Peterson Pope Preston Raynor Simmons Terrell Thigpen Williams Mr. President

Those voting in the negative were Senators:

Dantzler Foster

Harrison Pittman

Stark Whitworth of 38th

Not voting were Senators Arnold, Ennis, E,,bank, Hall, Harrison, Jones, Kaigler, Lovett, Martin, Oden, Shannon and Whitworth.

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 35, nays 6.
The bill, having received the requisite constitutional two-thirds majority, was passed.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 120. By Senator Millican of the 52nd:
A bill to amend the act providing pensions for the Fulton county police department as to length of service before retirement, and creating a board

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of trustees; and for other purposes.
The House offered the following amendment:
Amendment to SB 120 by Representatives Kendrick, Etheridge and Mankin.
Amend the above bill by inserting between Section 2 and Section 3 of said bill a new Section to be known as "Section 2-A" and reading as follows:
Section 2-A. In case of the death of any person entitled to draw a pension, but who dies before actually applying for and receiving same, his widow-if he has oneshall draw two-thirds of the pension to which such deceased person should have been entitled, had he applied for same, during her widowhood. If the deceased shall leave no widow, the pension shall be paid to any child or children under sixteen years of age. Such children shall likewise be entitled to such pension should the widow die or remarry commencing with the date of marriage or death of the widow.
Senator Millican of the 52nd moved that the Senate concur in the House amendment.
On the motion to concur the ayes were 27, nays 0, and the amendment was concurred in.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 86. By Senator Ennis of the 20th:
A bill to amend an act to provide that the trial judge have jurisdiction to commit convicts between sixteen and eighteen years of age to the. state training school for boys; and for other purposes.
The House offered the following amendment:
Mrs. Mankin of Fulton moves to amend SB 86 by striking from Section 1 of the bill the following words, "in accordance with the original terms of his sentence" and inserting in lieu thereof the following, "the original terms of his sentence in Tattnall Prison at which institution he shall be segregated from confirmed criminals." And to amend Section 2 of the bill by striking from the said section the following words, "Prison Commission to be assigned to any penal institution of this state", and inserting in lieu thereof the following, "State Prison at Tattnall at which institution he shall be segregated from confirmed criminals there".
Senator Ennis of the 20th moved that the Senate concur in the House amendment to SB 86.
On the motion to concur the ayes were 32, nays 0, and the amendment was concurred in.
The president introduced to the Senate his brother, Joel C. Gross.
The following bill was read the third time and put upon its passage:

MONDAY, FEBRUARY 22, 1943

503

HB 52. By Mr. Thigpen of Glascock:
A bill to amend an act to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of offidal duties by them; and for other purposes.
The hour of adjournment having arrived the bill was carried over as unfinished business for tomorrow.
The president announced the Senate adjourned until 10 o'clock tomorrow
mo~rning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, February 23, 1943.

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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. 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:
SB 185. By Millican of the 52nd: A bill to provide that tax returns of pipe lines transporting petroleum or petroleum products shall be made to the state revenue commissioner as now provided for public utilities; and for other purposes.
Referred to Committee on Finance.
SB 186. By Senators Lester of the 18th, Pope of the 7th, Bloodworth of the 23rd and Forester of the 44th: .A bill to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials m connection therewith; and for other purposes.
Referred to Committee on State of Republic.

TUESDAY, FEBRUARY 23, 1943

505

SB 187. By Senators Bloodworth of the 23rd, Lester of the 18th, Pope of the 7th and Forester of the 44th: A bill to aid in coordinating national and state defense; to grant certain powers to the Governor and political sub-divisions of the state; to authorize the creation of state and local defense agencies; and for other purposes.
Referred to Committee on Military Affairs.
SB 188. By Senators Lester of the 18th and Pope of the 7th: A bill to abolish the state examining board and to create in lieu thereof state examining commissions; and for other purposes.
Referred to Committee on State of Republic.
SB 189. By Senators Arnall of the 36th and Arnold of the 26th: A bill to am~~nd section 75-412 of the code of 1933, by providing for the use of the word "company", or other general terms to denote special partners; for the use of trade names; for the registration of such firm name; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 190. By Senators Forester of the 44th and Kennedy of the 2nd: A bill to require every male person in Georgia who is able-bodied to work regularly or continuously in some lawful, useful and recognized business, trade or profession at least forty hours a week, if between the ages of sixteen and fifty-five; and for other purposes.
Referred to Committee on Public Welfare.
SB 191. By Senator Simmons of the 8th: A bill providing for the government of south Georgia utility di~trict and authorizing such district to acquire, extend and operate facilities for the manufacture and distribution of electricity of the properties now owned by the Georgia Power and Light Company; and for other purposes.
Referred to Committee on Municipal Government.

SB 192. By Senators Jones of the 3rd and Ansley of the lOth:
A bill to amend the unemployment compensation law to preserve the right of benefits to those entering the armed forces during the present war; and for other purposes.
Referred to Committee on Industrial Relations.

SR 58. By Senator Preston of the 27th: A resolution authorizing the state librarian to furnish certain law books to

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JOURNAL OF THE SENATE,

the clerk of the superior court of Walton county; and for other purposes. Referred to Committee on Public Library.

SR 59. By Senators Foster of the 40th, Pittman of the 42nd, Ansley of the lOth, Jones of the 3rd, Moore of the 32nd, Kaigler of the 12th, Pope of the 7th, Raynor of the 4th, Preston of the 27th, Peterson of the 15th, Lovett of the 16th, Harrison of the 17th, Kennedy of the 2nd, Forester of the 44th, Boyett of the 11th, Whitworth of the 30th, Griner of the 45th, Cooper of the 14th, Hollis of the 24th, Clements of the 9th, Ennis of the 20th, Hampton of the 41st, and Ingram of the 51st:
A resolution advising the state board of pardons and paroles it is the wish and intent of the General Assembly, that all pardons and paroles be considered by said board, including misdemeanor cases; and for other purposes. Referred to Committee on Penitentiary.

The following message from His Excellency, the Governor, received through Honorable M. E. Thompson, executive secretary, was read by the secretary:

Ellis Arnall Governor

Executive Department Atlanta
February 22, 1943

M. E. Thompson Executive Secretary

TO THE GENERAL ASSEMBLY OF GEORGIA:
Senate Bill No. 73 was transmitted to the Executive Department on the 19th day of February, 1943, after duly passing the House and Senate.
This Bill relates to the payment of fees to Sheriffs in cases made by or under the Highway Patrol Act and contains the same provisions as those contained in House Bill No. 177 which was approved by me on February 19, 1943.
Since the provisions contained in Senate Bill No. 73 have already been enacted and approved by me, I am returning to you herewith Senate Bill No. 73 which I have vetoed this 22nd day of February, 1943.
Respectfully submitted,

Ellis Arnall, Governor.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following

TUESDAY, FEBRUARY 23, 1943

507

bills of the Senate to wit:
SB 66. By Senator Arnold of the 26th: A bill to amend the banking laws and title 13, of the code of 1933, to pmvide the par value of shares of stock of banking corporations; and for other purposes.
SB 108. By Senators Arnold of the 26th and Estes of the 35th: A bill to amend the code of 1933 by amending code section 85-1003 as it relates to the assignment of accounts receivable; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 136. By Mr. Looper of Dawson: A bill to prevent syphilis in the unborn child; to require every physician attending or every other person permitted by law to attend pregnant women to take or cause to be taken a specimen of blood; and for other purposes.
HB 137. By Mr. Looper of Dawson: A bill to penalize any person who shall receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution, lewdness, or assignation, or who shall knowingly own, lease, or rent any such place, premise, or conveyaitce for said purpose; and for other purposes.
HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett, and others: A bill to authorize the board of health to acquire laboratories, hospitals, or other property; and for other purposes.
HB 140. By Messrs. Daves of Dooly, Allison of Gwinnett, and others: A bill to authorize the department of public health to destroy records of a certain type after two years; and for other purposes.
HB 173. By Mr. Bennett and Bates of Ware: A bill to amend the charter of the City of Waycross, to provide for the election of the recorder by the city commission; and for other purposes.
HB 236. By Messrs. Mabry and Jennings of Sumter, and others: A bill to amend section 5-1001 of the 1933 code relating to fertilizer inspectors; an.i for other purposes.
HB 254. By Mr. Elliott of Muscogee: A bill to amend section 3-704 of the code of 1933 to fix the time within which all suits for the recovery of wages, damages or overtime accruing to

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JOURNAL OF THE SENATE,

individuals; and for other purposes.
HB 296. By Messrs. Weaver of Bibb and Key of Jasper: A bill to make it unlawful to kill, shoot, injure, or detain, any racing, or homing, or carrier pigeon having a band on either leg; and provide punishment for violation of this act; and for other purposes.
HB 448. By Messrs. Alexander, Grayson, and McNall of Chatham: A bill to revise, alter and amend the several acts relating to and incorporating the mayor and councilmen of the Town of Tybee; to authorize a sanitary sewerage system; and for other purposes.
HB 455. By Messrs. Harris of Richmond and Durden of Dougherty: A bill to provide for the joint control with any surety of money or securities or other assets by any administrator, executor, committee, guardian, trustee or any other fiduciary for whom a bond, undertaking, or other obligation is required; and for other purposes.
HB 472. By Messrs. Dorsey and Welsch of Cobb: A bill to amend an act providing a new charter for the City of Marietta by extending the corporate limits; and for other purposes.
HB 478. By Mr. Thigpen of Glascock: A bill to arne nd the act incorporating the Town of Gibson; and for other purposes.
HB 481. By Mr. Durden of Dougherty: A bill to amend the charter of the City of Albany so as to provide and empower the City of Albany to own, use and operate for profit, a transportation system within the city limits; and for other purposes.
HB 484. By Mr. Porter of Gordon: A bill to amend the charter of the Town of Sugar Valley: to authorize a $25,000 bond issue; and for other purposes.
HB 485. By Messrs. Mabry and Jennings of Sumter: A bill to amend the charter of the Town of Leslie by enlarging the duties
. of tax assessors; and for other purposes.
HB 486. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: A bill to r.mend the charter of the City of Hapeville to authorize zoning ordinances; and for other purposes.
HB 489. By Messrs. Weaver, Barfield, and Wilson of Bibb: A bill to amend an act to establish a county board of commissioners for

TUESDAY, FEBRUARY 23, 1943

509

the County of Bibb; to provide for health ordinances; and for other purposes.
HB 490. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to amend an act to re-enact the Charter of the City of Macon relating to fire hazards; and for other purposes.
HB 491. By Mr. Howard of Long: A bill to amend an act creating the board of commissioners of roads and revenues of Long county to provide for the office of county attorney; and for other purposes.
HB 493. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said city; and for other purposes.
HB 497. By Mr. Williams of Coffee: A bill to amend an act to create a new charter for the City of Douglas; and for other purposes.
HB 500. By Messrs. Harris, Holley, and Nicholson of Richmond: A bill to abolish the civil service commission of the City of Augusta; and for other purposes.
HB 501. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend the charter of the city council of Augusta so as to provide for a civil service commission; and for other purposes.
HB 502. By Messrs. Harris, Holley, and Nicholson of Richmond: A bill to amend the charter of the city council of Augusta to provide for recall.to duty of any employee who may have retired under the various pension acts; and for other purposes.
HB 507. By Mr. Norman of Henry: A bill to abolish the city court of Henry county, and to transfer all matters pending in such court to the superior court; and for other purposes.
HB 510. By Mr. Mims of Miller: A bill to amend an act creating a board of commiSSioners of roads and revenues of the County of Miller to provide for an additional commissioner; etc. and for other purposes.
HB 511. By Mr. Mims of Miller: A bill to amend an act establishing a city court in and for the County of

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JOURNAL OF THE SENATE,

Miller to change the solicitor to a salary basis; and for othe:r purposes.
HB 512. By Mr. Mims of Miller: A bill to amend an act incorporating the City of Colquitt; to provide a salary for the mayor; and for other purposes.
HB 519. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to amend the charter of the mayor and aldermen of the City of Savannah relative to abolishing and recreating a recreation commission; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 136. By Mr. Looper of Dawson: A bill to prevent syphilis in the unborn child; to require every physician attending pregnant women to take or cause to be taken a specimen of blood of such pregnant women for submission to an approved laboratory for a standard serologic test for syphilis; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 137. By Mr. Looper of Dawson: A bill to penalize any person who shall knowingly receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution, lewdness, or assignation, or who shall own, lease, or rent any such place, premise, or conveyance for ~aid purpose; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam and others:
A bill to authorize the state board of health to acquire s.uch laboratories and hospitals or other property necessary to carry out the public health program in this state; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 140. By Messrs. Davis of Dooly, Allison of Gwinnett and others: A bill ~o authorize the Georgia department of health to destroy certain correspondence, records and reports after two years; and for other purposes.
Referred to Committee on Public Library.

HB 173. By Messrs. Bennett and Bates of Ware:

TUESDAY, FEBRUARY 23, 1943

511

A bill to amend the charter of the City of Waycross to proVIde for the election of the recorder by the city commission; and for other purposes.
Referred to Committee on Municipal Government.
HB 236. By Messrs. Mabry and Jennings of Sumter, and others: A bill to amend section 5-1001 of the 1933 code relating to fertilizer inspectors; and for other purposes.
Referred to Committee on Agriculture.
HB 254. By Mr. Elliott of Muscogee: A bill to amend section 3-704 of the code of 1933 to fix the time within which all suits for the recovery of wages, damages or overtime accruing to individuals under statutes shall be brought; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 296. By Messrs. Weaver of Bibb and Key of Jasper: A bill to make it unlawful to kill, shoot, injure, or ddain any racing or homing or carrier pigeon, having a band on either leg, and providing punishment for violation of this act; and for other purposes.
Referred to Committee on Game and Fish.
HB 448. By Messrs. Alexander, Grayson and MeNall of Chatham: A bill to revise, alter and amend the several acts relating to and incorporating the mayor and councilmen of the Town of Tybee; to authorize a sanitary sewerage system; and for other purposes.
Referred to Committee on Municipal Government.
HB 455. By Messrs. Harris of Richmond and Durden of Dougherty: A bill to provide for the joint control with any surety of money or securities or other assets by an administrator, executor, committee; guardian, trustee or any other fiduciary for whom a bond, undertaking or other obligation is required; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 472. By Messrs. Dorsey and Welsch of Cobb: A bill to amend an act providing a new charter for the City of Marietta by extending the corporate limits of the city; and for other purposes.
Referred to Committee on Municipal Government.
HB 478. By Mr. Thigpen of Glascock: A bill to amend the act incorporating the Town of Gibson in the County

512

JOURNAL OF THE SENATE,

of Glascock; to reincorporate said town and change name from "Town of Gibson" to "City of Gibson"; and for other purposes.
Referred to Committee on Municipal Government.

HB 481. By Mr. Durden of Dougherty: A bill to amend the charter of the City of Albany to empower the city to own and operate a transportation system within the city and four miles beyond the city limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 484. By Mr. Porter of Gordon: A bill to amend the charter of Sugar Valley to authorize the issuance of bonds not to exceed $25,000.00 for the purpose of public improvements; and for other purposes.
Referred to Committee on Municipal Government.
HB 485. By Messrs. Mabry and Jennings of Sumter: A bill to amend the charter of the Town of Leslie by enlarging the duties of tax assessors; and for other purposes.
Referred to Committee on Municipal Government.
HB 486. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
A bill to amend the charter of the City of Hapeville to authorize zoning ordinances; to provide for absentee ballots in city elections; and for other purposes.
Referred to Committee on Municipal Government.
HB 489. By Messrs. Weaver, Barfield, and Wilson of Bibb: A bill to amend an act to establish a county board of commtsswners for the County of Bibb; to provide for health ordinances; and for other purposes. Referred to Committee on Counties and County Matters.
HB 490. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to amend the charter of the City of Macon to authorize the mayor and council to order repairs or elimination of property certified as fire hazards or detrimental to health; and for other purposes.
Referred to Committee on Municipal Government.
HB 491. By Mr. Howard of Long: A bill to amend the act creating the board of commissioners of Long county fixing the terms of the commissioners and providing for a county attorney and fixing his salary; and for other purposes.

TUESDAY, FEBRUARY 23, 1943

513

Referred to Committee on Counties and County Matters.
HB 493. By Messrs. Grayson, MeN all and Alexander of Chatham: A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said city; and for other purposes. Referred to Committee on Municipal Government.
HB 497. By Mr. Williams of Coffee: A bill to amend the charter for the City of Douglas; and for other purposes. Referred to Committee on Municipal Government.
HB 500. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to abolish the civil service commission of the City of Augusta; and for other purposes. Referred to Committee on Municipal Government.
HB 501. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend the charter of the City of Augusta to create a board of civil service commission; and for other purposes. Referred to Committee on Municipal Government.
HB 502. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend the charter of the City of Augusta to provide for recall to duty any employee that may have retired from service under the pensions act; and for other purposes.
Referred to Committee on J\!Iunicipal Government.
HB 507. By Mr. Norman of Henry: A bill to abolish the city court of Henry county, and to transfer all matters pending in such court to the superior court; and for other purposes. Referred to Committee on Counties and County Matters.
HB 510. By Mr. Mims of Miller: A bill to amend the act creating the board of commissioners of roads and revenues for Miller county to provide for one additional commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 511. By Mr. Mims of Miller:

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JOURNAL OF THE SENATE,

A bill to amend an act establishing a city court for the County of Miller to change the solicitor from a fee to a salary basis; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 512. By Mr. Mims of Miller: A bill to amend the charter of the City of Colquitt to provide a salary for the mayor; to provide for appeals from police court to the city council; and for other purposes.
Referred to Committee on Municipal Government.
HB 519. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to amend the charter of the mayor and aldermen of the City of Savannah relative to abolishing and re-creating the recreation commission; and for other purposes.
Referred to Committee on l\11unicipal Government.
Mr. Hollis of the 24th 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/or 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:
SB 155.
SB 158.
SB 161.
SB 162.
SB 163.
SB 141.
Respectfully submitted,
M. R. Hollis of 24th district, Chairman.
Mr. Boyett of the 11th 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/or resolutions of the Senate and have instructed me as Chairman, to report the

TUESDAY, FEBRUARY 23, 1943

515

same back to the Senate as correct and ready for transmission to the Governor: SB 120. Respectfully submitted,

R. L. Boyett of 11th district, Chairman.

Mr. Kaigler of the 12th 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 resolutions of the House and have instructed me as Chairman, to report the same back to the Srnate with the following recommendations:

HR 71. Do Pass. HR 95. Do Pass.

Respectfully submitted,

Kaigler of 12th district, Chairman.

Mr. Brock of the 37th 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 considera-
tion the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 173. Do Pass.
Respectfully submitted,

Brock of 37th district, Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President:
Your Committee on Municipal Gove.rnment 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:
SB 182. Do Pass
HB 408. Do Pass

I

516

JOURNAL OF THE SENATE,

HB 396. Do Pass HB 421. Do Pass HB 394. Do Pass

Respectfully submitted,
R. A. Ingram, of 51st district, Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters have had under considera-
tion the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 334. Do Pass HB 390. Do Not Pass HB 272. Do Pass HB 306. Do Pass as amended HB 341. Do Pass as amended HB 279. Do Pass SB 130. Do Not Pass SB 151. Do Pass SB 151. Do Pass SB 152. Do Pass SB 179. Do Pass SB 177. Do Pass SB 176. Do Pass SB 175. Do Pass
Respectfully submitted,
G. H. Moore, of 32nd district, Chairman.

Mr. Kennon of the 6th District, Chairman of the Committee on Ilnsurance, submitted the following report:

TUESDAY, FEBRUARY 23, 1943

517

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

SB 169. Do Pass

HB 307. Do Pass

Respectfully submitted,
Kennon, of 6th district, Chairman.

The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 151. By Senator Shannon of the 21st:
A bill to repeal an act to provide for the holding of two terms of the Twiggs superior court each year; and for other purposes.

SB 152. By Senator Shannon of the 21st:
A bill to provide for two regular terms of the superior court in Twiggs county on the 2nd Mondays in April and October each year; and for other purposes.

SB 169. By Senator Gross of the 31st:
A bill to amend, revise and codify the laws of this state governing fraternal benefit societies; and for other purposes.

SB 175. By Senator Millican of the 52nd:
A bill to authorize for the division of militia districts in Fulton county into precinct areas where additional election precincts are authorized; and for other purposes.

SB 176. By Senator Millican of the 52nd:
A bill to require registration cards in the voters' book in Fulton county to disclose information regarding naturalization date; and for other purposes.

SB 177. By Senator Millican of the 52nd:
A bill to require election managers in Fulton county to preserve the applications for ballots of voters; and for other purposes.

SB 179. By Senator Millican of the 52nd:
A bill to amend the pension act of Fulton county to increase the amount of maximum payable; to provide for payments of pensions for lesser periods of service; to create a pension board for Fulton county; and for other purposes.

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JOURNAL OF THE SENATE,

SB 182. By Senator Bloodworth of the 23rd:
A bill to incorporate a new municipality in Houston county to be known as Warner Robins; and for other purposes.

HB 272. By Mr. .Greene of Schley:
A bill!to consolidate the office of tax receiver and tax collector in the County of Schley, to fix the compensation for the officer performing the duties of said office when so consolidated; and for other purposes.

HB 279. By Mr. Boone of Wilkinson: A bill to amend an act creating a board of commissioners of Wilkinson county; to provide a salary for the commissioners; and for other purposes.
HB 306. By Mr. Dunn of Lamar: A bill to create a board of commissiOners of roads and revenues m and for the County of Lamar; and for other purposes.
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn and others: A bill to supercede the title insurance act approved March 21, 1939 (Acts 1939, p. 376), and to define the business of title insurance; and for other purposes.
HB 334. By Mr. Daves of Dooly: A bill to ~mend the acts creating a board of commissioners for Dooly county to provide for redistricting the county; and for other purposes.
HB 341. By Mr. Dunn of Lamar: A bill to repeal an act to create a board of commissioners of roads and revenues in and for the County of Lamar; and for. other purposes.
HB 394. By Messrs. Smith and Roughton of Washington: A bill to amend the charter of the City of Davisboro to consolidate the offices of treasurer and city clerk; and for other purposes.
HB 396. By Mr. Rossee of Putnam: A bill to amend the charter of the City of Eatonton to fix the salary of the city clerk; to provide for written accusations upon demand; and for other purposes.
HB 408. By Mr. Salter of Upson: A bill to amend section 69-201 of the code of 1933 regulating the eligibility of councilmen and aldermen of Thomaston for election to other municipal offices; and for other purposes.

TUESDAY, FEBRUARY 23, 1943

519

HB 421. By Messrs. Gholston of Madison, Price and Hill of Clarke: A bill to amend the charter of the Town of Hull to authorize the mayor and council to regulate the use of its streets for business purposes; and for other purposes.
HR 71. By Messrs. Barfield, Wilson, and Weaver of Bibb: A resolution to relieve Pete Goddard from liability on the bond of Noah Grimes in the city court of Macon forfeited at the May term, 1942; and for other purposes.
HR 95. By Mr. Gholston of Madison:
A resolution relieving J. M. LaCount as surety on the bond of Dave
Meadow; and for other purposes.
The following local unco~tested bills and resolutions were read the third time and put upon their passage:
HB 270. By Messrs. Battles and Mills of Decatur: A bill granting to the commissioners of roads and revenues of Decatur county the authority to provide for an air-space safety zor.e upon certain property; and for other purposes.
The report of the committee, which was favorable to the paassage 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.
HB 357. By Mr. Reynolds 'of Clayton: A bill to create and incorporate the City of Morrow; arid for other purposes.
The report of the committee, which was favorable to the paassage 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.
HB 403. By Mr. Sharp of .Toombs: A bill to amend the charter of the City of Vidalia to provide a permanent date for holding primary elections in the city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bil1, the ayes were 29, nays 0.

520

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
HB 434. By Mr. Brewton of Evans: A bill to amend an act amending an act incorporating the City of Claxton fixing the salaries of the mayor, councilmen, clerk, treasurer, 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.
HB 435. By Messrs. Grayson and MeN all of Chatham: A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Williams of the 5th asked unanimous consent that the following bill be withdrawn from the Committee on Amendments to the Constitution, read the second time, and recommitted:
SB 181. By Senator Williams of the 5th: A bill to amend the act providing for the cha,.tering of non-profit corporations to furnish group hospital service to provide the state department of public welfare must approve and supervise the administration of such acts; and for other purposes.
The consent was granted.
Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the followi.1g report:
Mr." President: Your Committee on Engrossing have read and examined the following bills
and/or 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:
SB 150
SB 156
SB 165

TUESDAY, FEBRUARY 23, 1943

521

SB 172 SB 143

Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:

SB 63

SB 74

SB 86

SB 104

SB 111

Respectfully submitted,

R. L. Boyett, of 11th district,

'I

Chairman.

The following resolution was read and adopted:
SR 60. By Senator Terrell of the 19th: A resolution requesting a 30-day extension of time for the filing of federal and state income tax returns for members of the Senate and attaches; and for other purposes.
A privileged resolution by Senator Atkinson of the 1st, granting the privileges of the floor to Mr. and Mrs. J. C. Kennedy, Jr., of Reidsville, Tattnall County, son and daughter-in-law of Senator Kennedy of the 2nd, was read and adopted.
Senator Atkinson of the 1st moved that the following bill be taken from the table:
SB 122. By Senators Lovett of the 16th, Shannon of the 21st, Harrison of the 17th, Bloodworth of the 22nd, Peterson of the 15th, and Jones of the 3rd: A bill to repeal the act approved January 28, 1943, fixing eastern standard time as the legal time in Georgia; and for other purposes.

522

JOURNAL OF THE SENATE,

On the motion to take from the table, the ayes were 21, nays 20. and the motion prevailed.

The president recognized in the gallery the sixth grade class of Haygood school

of Atlanta, with Mrs. Keith as teacher.



The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
HB 52. By Mr. Thigpen of Glascock: A bill to amend an act to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of official duties by them; and for other purposes.
Senator Bloodworth of the 22nd offered the following amendment:
Amend HB 52, by adding at the end of section 1, the following:
In all counties where the sheriffs are paid a salary, the provisions of this act shall not apply.
The amendment was adopted.
The teport 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.

HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to amend section 16-101 of the code of 1933 relating to "loans to persons not members; rate of interest", by inserting therein, immediately following the words "corporation" in the third and fourth lines thereof, the words "or partnership"; and for other purposes.

Senator Pittman of the 42nd offer.:d the following amendment:
Amend H B 62 by adding a new section to be known as section 2 and to read as follows: Allla~~ and parts of laws in conflict herewith are h~reby repealed.
The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, FEBRUARY 23, 1943

523

HB 67. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert, and Broome of DeKalb: A bill to fix the salary of the deputy insurance commissioner; and for other purposes.
The Committee on Insurance offered the following substitute:
A BILL To be entitled an Act to fix the salary of the Deputy Insurance Commissioner of the State of Georgia; to repeal Section 56-102 of the Code of the State of Georgia; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. That from and after the approval of this Act, the salary of the Deputy Insurance Commissioner shall be fixed by the Insurance Commissioner of the State of Georgia, and Comptroller General. No other salary, fees or compensation by virtue of his office as Deputy Insurance Commissioner shall be paid to him, other than that fixed by the Insurance Commissioner, and said Comptroller General.
Section 2. Section 56-102 of the Code of Georgia and all laws and parts of laws in conflict with this Act are repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 71. By Mr. Strickland of Haralson: A bill to amend chapter 32-25 of the code of 1933 authorizing county commissioners or ordinaries to carry on schools for instructing 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 27, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 81. By Mr. Park of Greene: A bill to amend section 70-202 of the code of 1933 by striking out the word "may" and substituting in its place the word "must"; requ.iring trial judges

524

JOURNAL OF THE SENATE,

to grant new trials when verdict is contrary to evidence; and for other purposes.
Senator Jones of the 3rd moved that House Bill No. 81 be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 28, nays 5, and the motion prevailed.

HR 56. By Mr. Smith of Dougherty:
A resolution providing for the payment to the heirs of Charles W. Crankshaw of the balance of purchase price, with interest, on 3 pieces of silver presented by the State of Georgia, through its Governor, to the President of the United States, for the Battleship Georgia, and subsequently placed in the Governor's mansion, where it is now being used; 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 follows:

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis

Eubank Forester Foster Fowler Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Kimbrough Lovett Martin Millican

Moore Newton Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell WhitWorth of 30th Whitworth of 38th Williams

Not voting were Senators Estes, Griner, Hall, Hampton, Lester, Oden, and Thigpen.

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

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

TUESDAY, FEBRUARY 23, 1943

525

The resolution, having received the requisite constitutional majority, was adopted.
A delegation of prominent citizens of the 31st Senatorial District, accompanied by their respective members of the House of Representatives, were admitted to the Senate Chamber, for the purpose of paying tribute to Honorable Frank C. Gross, president of the Senate.
The president pro tempore, presiding, appointed the following Senators as a committee to escort the president to meet the delegation:
Senators: Harrison of the 17th
Williams of the 5th
Simmons of the 8th
The president pro tempore presented the gavel to Honorable George Allen, former member of the Senate, and asked him to take charge of a special program at this time.
Mr. Allen introduced Col. C. M. McClure of Toccoa who presented President Frank C. Gross with a beautiful silver service in appreciation for his outstanding services to the State of Georgia and his district.
The president expressed his appreciation for the visit of the delegation and the gift.
The following bills and resolutions were read the third time and put upon their passage:
HR 20. By Mr. Etheridge of Fulton: A resolution to appropriate funds for the payment to the American Coolair Corporation for goods sold the State of Georgia; and for ther purposes.
Senator Lovett of the 16th moved that further consideration on HR 20 be postponed until February 24, 1943, and the motion prevailed.
HB 108. By Messrs. Thurmond of Hall, Ray of Warren and McCamy of Whitfield: A bill to fix the compensation of the director of the department of public health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 175. By Messrs. Deal and Brunson of Bulloch:

526

JOURNAL OF THE SENATE,

A bill to amend an act to provide for homesteads exempt from certain taxation by providing that the date for the filing of the application for exemption shall be changed from April 1, to May 1 of the year in which exemption from taxation is sought; and for other purr-oses
The report 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.
HB 373. By Mr. Thurmond of Hall and othets: A bill to create a Georgia state guard; and for other purposes.
The Committee on Military Affairs offered the following amendment:
Amend Section 14 by adding thereto another sentence to read as follows:
"Said commanding officers shall be appointed by the Governor".
Amend section 20, by placing a semi-colon at the end of said section and adding the following: "Such compensation shall be in lieu of payment therefor by the state."
Amend section 9B by striking from the last sentence the words "during his service therein" and insert in lieu thereof the words "while on active duty".
The amendment was adopted.
Senator Jones of the 3rd offered the following amendment:
Amend HB 373 by adding the following to be known as section 20A and to read as follows: That membership in the Georgia state guard, shall not be grounds for deferment of service of the United States armed forces.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majoritY, was passed as amended.
Senator Lester of the 18th asked unanimous consent that HB 373 be immediately transmitted to the House and the consent was granted.
HB 94. By Mr. Burnside of McDuffie and others: A bill to provide the furnishing of blank forms for process and service to justices of peace and con"tables: and for other purposes.

TUESDAY, FEBRUARY 23, 1943

527

The report of the committee, which was favorable to the pa~sage of the hill, was agreed to.
On the passage of the hill, the ayes were 36, nays 0.
The hill, having received the requisite constitutional majority, was passed.
HB 125. By Messrs. Daves of Dooly and others: A hill to amend the state health laws creating county hoards of health and to provide for payment of expenses of county health departments; and for other purposes.
, Senator Dean of the 34th moved th:tt the hill he indefinitely postponed.
Senator Gross of the 31st moved that the hill he tabled.
The president pro tempore, presiding, ruled that the motion to table took precedence.
The motion to table prevailed.
The president turned the gavel over to Senator Simmons of the 8th who introduced to the Senate the Honorable C. A. Miller, mayor of Bainbridge, Georgia.
The president introduced to the Senate the Honorable Otis Brt>mhy, president of the Georgia Press Association.
The president introduced to the Senate the wife of Senator Forester of the 44th, and daughter, Sandra Fay.
The hour of adjournment having arrived the president announced the Senate adjourned until 10 o'clock tomorrow morning.

528

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta. Georgia.
Wednesday, February 24, 1943. 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 Dantzler of the 43rd 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 th~ journal was confirmed.
Senator Atkinson of the lst asked unanimous consent that the following be established as the order of business of today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills.
3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted. The president recognized in the gallery the seventh grade classes of the Cascaade School, Fulton county, with Miss Dempsey and Miss Stone, teachers.
The president recognized in the gallery the senior class of the Crawford Long School of Nursing of Atlanta with Miss Measly, instructor.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 193. By Senator Lester of the 18th: A bill to amend section 92-5510 of the code of 1933 by striking the words "from the time the bonds are executed" and substituting language to provide for the time of the issuance of an execution or other legal process; and for oth'!r purposes. Referred to Committee on General Judiciary No. 1.
SB 194. By Senator Foster of the 40th: A bill to make it unlawful to transport cull fruits and vegetables into the

WEDNESDAY, FEBRUARY 24, 1943

529

state for the purpose of sale; and for other purposes. Referred to Committee on Agricult~re.
SB 195. By Senator Foster of the 40th: A bill to create a state board of farmers; and for other purposes.
Referred to Committee on Agriculture.
SB 196. By Senator Dean of the 34th: A bill to provide that the commissioner of labor may promulgate rules for the prevention of accidents, or the prevention of industrial or occupational diseases in employment, without proposing such rules to the industrial board; and for other purposes. Referred to Committee on Industrial Relations.

SB 197. By Senator Kaigler of the 12th: A bill to abolish the county court of Quitman and ~e-establish a county court 'Jf Quitman county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 198. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th: A bill to repeal section 77-401 of the code of 1933 and substitute a new section providing that insane convicts shall be removed to the Milledgeville State Hospital during the term for which sentenced or until cured; and for other 9urposes.
Referred to Committee on Penitentiary.
SB 199. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th: A bill to authorize a state board of prisons to set up points or stations for receiving all prisoners for the purpose of being examined, finger-printed, and classified according to health, criminal records, race, age and sex; and to provide for segregation of prisoners; and for other purposes.
Referred to Committee on Penitentiary.

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

530

JOURNAL OF THE SENATE,

HB 93. By Messrs. Burnside of McDuffie and Rountree of Emanuel: A bill to provide the manner in which justices of the peace: and constables shall be compensated in criminal cases; and for other purposes.
HB 148. By Mr. Campbell of Newton: A bill to amend title 26, chapter 26-24 of the code of 1933 by providing for the punishment by death of any person burglarizing an occupied dwelling house; and for other purposes.
HB 243. By Messrs. Yawn of Dodge, Fisher of Jeff Davis and Williams of Coffee: A bill to amend an act relating to penalties imposed for shortage in plant food or commercial value of fertilizer sold in this state; to provide a penalty of 25 percent of purchase price where plant food value falls below 10 percent; and for other purposes.
HB 419. By Messrs. Price and Hill of Clarke: A bill to amend an act entitled "Homestead exemption from taxes" so as to define the term "homestead;" and for other purposes.
HB 495. By Mr. Boynton of Union: A bill to amend the several acts incorporating the City of Blairsville ; to create .l new charter of said corporation; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committee:
HB 93. By Messrs. Burnside of McDuffie and Rountree of Emanuel: A bill to provide the manner in which justices of the peace and constables shall be compensated in criminal cases; and for other purposes.
Referred to Committee on State of Republic.

HB 148. By Mr. Campbell of Newton: A bill to amend title 26, chapter 26-24 of the code of 1933 by providing for the punishment by death of any person burglarizing an occupied dwelling house; and for other purposes.
Referred to Committee on Special Judiciary.
HB 149. By Messrs. Price and Hill of Clarke: A bill to amend an act entitled "Homestead exemption from taxes" so as to define the term "homestead;" and for other purposes.
Referred to Committee on Finance.

HB 495. By Mr. Boynton of Union:

WEDNESDAY, FEBRUARY 24, 1943

53i

A bill to amend the several acts incorporating the City oi Blairsville; to
create a new charter for said city; and for other purposes.
Referred to Committee on Municipal Government.
HB 243. By Messrs. Yawn of Dodge, and others: A bill to amend the fertilizer inspection act to provide a penalty of twentyfive percent of the purchase price where it falls below the plant food value by ten percent or more; and for other purposes. Referred to Committee on Drainage.
Mr. Atkinson of the 1st District, Chairman of the Committee on Drainage, submitted the following report:
Mr. President: Your Committee on Drainage 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:
SB 168. Do Pass.
SB 167. Do Pass.
Respectfully submitted,
Atkinson of 1st district, Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters have had under considera-
tion the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 445. Do Pass as amended. HB 489. Do Pass. HB 511. Do Pass HB 510. Do Pass. HB 491. Do Pass. HB 466. Do Pass. HB 473. Do PASS.
Respectfully submitted,
G. H. Moore of 32nd district, Chairman.

532

JOURNAL OF THE SENATE,

Mr. Bloodworth of the 22nd District, Chairman of the Committee on Game

and Fish, submitted the following report:



Mr. President:

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

HB 339. Do Pass.

HB 337. Do Pass.

HB 296. Do Pass.

Respectfully submitted,

Bloodworth of 22nd district, Chairman.

Mr. Moore of the 32nd 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 153. Do Pass. HB 453. Do Pass. HB 398. Do Pass. HB 293. Do Not Pass. HB 380. Do Pass. HB 474. Do Pass. HB 465. Do Pass. HB 356. Do Pass. HB 432. Do Pass. HB 444. Do Pass. HB 446. Do Pass. HB 467. Do Pass. HB 383. Do Pass. HB 443. Do Pass.

WEDNESDAY, FEBRUARY 24, 1943

533

HB 487. Do Pa~s. HB 346. Do Pass. HB 197. Do Pass.

SB 184. Do Pass.

Respectfully submitted,

G. H. Moore of 32nd district, Chairman.

Mr. Stark of the 33rd District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 254. Do Pass.

Respectfully submitted,

W. W. Stark of 33rd district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 77. Do Pass. SB 174. Do Pass. HB 16. Do Pass as amended. HB 256. Do Pass. HB 206. Do Pass.
Respectfully submitted,

Lester of 18th ciistrict, Chairman.

Mr. Cooper of the 14th District, Chairman of the Committee on Public Library, submitted the following report:

534

JOURNAL OF THE SENATE,

Mr. President: Your Committee on Public Library 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:
HR 94. Do Pa~s.
HB 387. Do Pass.
Respectfully submitted,
R. T. Cooper of 14th district, Chairman.

Mr. Bloodworth of the 23rd District, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President: Your Committee on Military Affairs have had under consideration the follow-
ing bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 187. Do Pass.
Respectfully submitted,
Bloodworth of 23rd district, Chairman.

Mr. Eubank of the 29th District, Chairman of the Committee on Education and Public Schools, ~ubmitted the following report:

Mr. President:
Your Committee on Education and Public Schools 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:

SB 166. Do Pass.

Respectfully submitted,
Eubank of 29th district, Chairman.

Mr. Pittman of the 42nd District, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. President: Your Committee on Penitentiary have had under consideratioP. the following
resolution of the Senate and have instructed me as Chairman, to report the same

WEDNESDAY, FEBRUARY 24, 1943

535

back to the Senate with the following recommendations: SR 59. Do Pass. Respectfully submitted, C. C. Pittman of 42nd district, Chairman.

Mr. Foster of the 40th 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:
SB 139. Do Pass.
Respectfully submitted,
Foster of 40th district, Chairman.

Mr. Terrell of the 19th 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 Ieport the same back to the Senate with the following recommendations:
HB 496. Do Pass HB 235. Do Pass
HB 205 Do Pass as amended by committee
SB 171. Do Pass
SB 23. Do Pass by committee substitute SB 101. Do Not Pass
Respectfully submitted,
Terrell, of 19th district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

536

JOURNAL OF THE SENATE,

Mr. President: Your Committee on Finance 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:
SB 154. Do Not Pass SB 185. Do Pass
Respectfully submitted, Simmons, of 8th district,
Mr. Ingram of the 51st 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:
HB 477. Do Pass HB 476. Do Pass HB 327. Do Pass HB 490. Do Pass HB 485. Do Pass HB 497. Do Pass HB 484. Do Pass HB 173. Do Pass HB 493. Do Pass HB 519. Do Pass HB 478. Do Pass HB 449. Do Pass HB 512. Do Pass
Respectfully submitted, R. A. Ingram, of 51st district, Chairman.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:

WEDNESDAY, FEBRUARY 24, 1943

537

Mr. President: The House has passed by the reqmstte constitutional majority the following
bills and resolutions of the Senate and House to wit:
SB 161. By Senator Dean of the 34th: A bill to abolish the office of tax recetver for Rockdale county; and for other purposes.
SB 162. By Senator Dean of the 34th: A bill to abolish the office of tax collector for Rockdale county; and for other purposes.
HR 135. By Mr. Odom of Baker: A resolution whereas many citizens of Georgia have not paid their licenses taxes on their automobiles, busses and trucks up to this date. Therefore be it resolved by the House of Representatives, the Senate of Georgia concurring, that the Governor of Georgia is hereby requested to extend the time for the payment for said license taxes to April 1, 1943 without additional charges.
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 163. By Senator Dean of the 34th: A bill to create the office of tax commissioner of Rockdale county; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House to wit:
HB 62. By Messrs. Smith and Durden of Dougherty: A bill to amend section 16-101 of the code of 1933 relating to "loans to persons not members; rate of interest", by inserting therein, immediately following the words "corporation" in the third and fourth lines thereof, th": words "or partnership"; and for other purposes.
HB 373. By Mr. Thurmond of Hall and others: A bill to create a Georgia state guard; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House to wit:
HB 303. By Mr. Gholston of Madison: A bill to fix the status of the Madison County Academy in Danielsville school district of Madison county by recognizing the same as an integral part of the common school system thereof; and for other purposes.

538

JOURNAL OF THE SENATE,

The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 324. By Messrs. Smith and Reid of Carroll: A bill to fix a salary for the jailer of Carroll county; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House and Senate to wit:
HR 131. By Mr. Key of Jasper and Mrs. Mankin of Fulton: A resolution recommending the establishment of a Jewish homeland in Palestine and its further development for the absorption of Jewish refugees; and for other purposes.
SR 13. By Senators Gross of the 31st, Ennis of the 20th and others: A resolution to submit to the qualified voters at the next general election an amendment to the constitution to provide for taxation for a teacher's retirement plan; and for other purposes.
The following bills and resolutions of the Senate, favorably reported by the committees, were read the second time:
SB 23. By Senator Bloodworth of the 22nd: A bill to declare leases of real estate for a term longer than one hundred years to be grants in perpetuity; and for other purposes.
SB 77. By Senator Millican of the 52nd: A bill to authorize and direct the Governor to sell all book plate metal belonging to the state; and for other purposes.
SB 139. By Senator Raynor of the 4th: A bill to amend the act to provide any dealer purchasing aniir.als for re-sale or slaughter shall keep the license number of the automobile or truck: of the seller and description of the animals bought, and obtain a bill of sale; and for other purposes.
SB 166. By Senator Eubank of the 29th and Gross of the 31st: A bill to amend an act to provide that county taxes may be levied to provide lunches for children of school age in the public schools of this state; and for other purposes.
SB 167. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th: A bill to change the name of the state park: authority to "Georgia park: authority", and provide for indefinite appointment by the Governor of the members of the Georgia park: authority; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

539

SB 168. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th:
A bill to create the emergency transportation commission of the state; and for other purposes.
SB 171. By Senator Millican of the 52nd: A bill to amend title 25, chapter 25-1 of the code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks, and shall pay the same taxes provided for other property held by individuals; and for other purposes.
SB 174. By Senator Gross of the 31st:
A bill to amend section 73-216 of the code of 1933, relative to sulphur content of gasoline; and amending section 73-216 by striking the words "United States government bureau of mines", and substituting the words "federal specifications board"; and for other purposes.
SB 184. By Senator Martin of the 13th:
A bill to abolish the office of county treasurer of Macon county and designate a county depository; and for other purposes.

SB 185. By Senator Millican of the 52nd:
A bill to provide that tax returns of pipe lines transporting petroleum or petroleum products shall be made to the state revenue commissioner as now provided for public utilities; and for other purposes.
SB 187. By Senators Bloodworth of the 23rd, Lester of the 18th, Pope of the 7th and Forester of the 44th:
A bill to aid in coordinating national and state defense; to grant certain powers to the Governor and political sub-divisions of the state; to authorize the creation of state and local defense agencies; and for other purposes.
SR 59. By Senators Foster of the 40th, Pittman of the 42nd, Ansley of the lOth annd others:
A resolution advising the state board of pardons and paroles it is the wish and intent of the General Assembly, that all pardons and paroles be considered by said board, including misdemeanor cases; and for other purposes.

The following bills and resolutions of the House, favorably reported by the committees, were read the second time:
HB 16. By Messrs. McCracken of Jefferson and others:
A bill to establish a board to be known as agricultural and industrial board of Georgia, to perfect plans for development of agricultural, land and water utilization, flood control, conservation, land settlement, reforestation, tree-

540

JOURNAL OF THE SENATE,

cutting, watershed protection, public health, water supply reservations; and for other purposes.
HB 153. By Messrs. Etheridge and Kendrick of Fulton and Mrs. Mankin of Fulton: A bill to empower the board of commissioners in counties of 200,000 or more to acquire real estate by purchase or condemnation when such acquisition will aid in slum clearance, promote sanitation, abate or remove a health menace ; and for other purposes.
HB 173. By Messrs. Bennett and Bates of Ware: A bill to amend the charter of the City of Waycross to provide for election of recorder by the city commissioner; and for other purposes.
HB 197. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 21-105 of the code of 1933, so as to provide for an increase in fees of corners in DeKalb county; and for other purposes.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton: A bill to amend section 49-103 of the code of 1933, entitled "Testamentary guardian; appointment, bond and dismissal"; and for other purposes.
HB 206. By Mrs. Mankin of Fulton, and Mrs. Guerry of Macon: A bill to amend chapter 53-5 of the code of 1933 by providing that a husband shall not be entitled to the earnings of his wife; and for other purposes.
HB 235. By Messrs. Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Hart of Quitman, Turner of DeKalb and others: A bill to amend an act for the establishment of the departmtnt of labor by adjusting and fixing the salary of the com~issioner; and for other purposes.
HB 497. By Mr. Williams of Coffee: A bill to amend an act to create a new charter for the City of Douglas; and for other purposes.
HB 356. By Mr. Thomas of Chattooga: A bill to amend an act relating to juvenile courts by making said act applicable to Chattooga county; and for other purposes.
HB 380. By Mr. Boynton of Union: A bill to provide for the minimum compensation to be paid county school superintendents by county boards of education in Union county; and for other purposes.
HB 383. By Mr. Riley of Peach:

WEDNESDAY, FEBRUARY 24, 1943

541

. A bill to provide for holding three. regular term~ !lach year of the superior court of Peach county; and for other purposes.

HB 387. By Me~srs. Allison of Gwinnett, Moore of Baldwin, and others: A bill to repeal chapter 32-26 of the code of 1933 ; to abolish the state library commission and to transfer its functions and service to the state board of education; and for other purposes.
HB 398. By Messrs. Smith and Roughton of Washington: A bill to require an advance deposit of the sum of $10.00 by the plaintiff in each and every divorce case filed in the superior court of Washington county; and for other purposes.
HB 432. By Mr. Porter of Gordon: A bill to amend an act to create the office of commissioner of roads and revenues in and for Gordon county, to raise the salary of the commissioner to $3,000; and for other purposes.
HB 443. By Messrs. Bargeron and Cates of Burke: A bill to amend an act to establish the city court of Waynesboro; to provide for trial by jury of six where twelve jurors are not demanded; and f6r other purposes.
HB 444. By Messrs. Weaver, Barfield, and Wilson of Bibb: A bill to provide for holding six regular terms each year of the superior court of Bibb county; and for other purposes.
HB 445. By Mr. Dorsett of Douglas: A bill to amend an act creating the. office of tax commissioner of Douglas county; to provide clerical help for the commissioner; and for other pur poses.
HB 446. By Mr. Fussell of Webster: A bill to set up the method of electing members of county boards of education in Webster county; and for other purposes.
HB 449. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to establish a new charter for the City of Moultrie; and for other purposes.
HB 453. By Messrs. Deal and Brunson of Bulloch:
A bill to amend an act entitled "Clerk of superior court, Bulloch county, salary for" by fixing the salary of said clerk; and for other purposes.
HB 465. By Mr. Moore of Taliaferro:

542

JOURNAL OF THE SENATE,

A bill to amend an act to abolish office of county treasurer of Taliaferro county; to designate a county depository; and for other purposes.
HB 466. By Messrs. Price and Hill of Clarke: A bill to amend an act authorizing Clarke county to acquire and operate 1 hospital; and for other purposes.
HB 467. By Mr. Gillis of Treutlen: A bill amending an act creating the city court of Soperton; to change the time for holding quarterly terms; and for other purposes.
HB 473. By Messrs. Price and Hill of Clarke: A bill to repeal an act to require the payment of fees of clerks and sheriffs of superior courts in divorce cases in Clarke county; and for other purposes.
HB 474. By Mr. Sills of Candler: A bill to amend an act creating the board of roads and revenues commissioners in and for the County of Candler to fix the salary of the commissioner at $65 per month; and for other purposes.
HB 476. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton: A bill to amend an act to establish a new charter for the City of Atlanta relative to death of firemen from injuries; and for other purposes.
HB 477. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to amend an act to provide that cities having a population of 150,000 by the United States Census of 1920 shall furnish aid, relie-f and pensions to various employees; and for other purposes.
HB 478. By Mr. Thigpen of Glascock: A bill to amend, consolidate and supercede the act incorpor~ting the Town of Gibson; to reincorporate said town and change name from "Town of Gibson" to "City of Gibson"; and for other purposes.
HB 484. By Mr. Porter of Gordon: A bill to amend the charter of the Town of Sugar Valley; to authorize a $25,000 bond issue; and for other purposes.
HB 485. By Messrs. Mabry and Jennings of Sumter: A bill to amend the charter of the Town of Leslie, by enlarging the duties of tax assessors; and for other purposes.
HB 489. By Messrs. Weaver, Barfield, and Wilson of Bibb: A bill to amend an act to establish a county board of commissioners for the County of Bibb to provide for health ordinances; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

543

HB 487. By Mr. Giddens of Calhoun: A bill to abolish the city court of Morgan; to transfer all records of such court and the pending business in such court to the superior court of Calhoun county; and for other purposes.
HB 490. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to amend an act to re-enact the charter of the City of Macon relative to fire hazards; and for other purposes.
HB 491. By Mr. Howard of Long: A bill to amend an act creating the board of commissioners of roads and revenues of Long county by providing for a county attorney; and for other purposes.
HB 493. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to amend the acts incorporating the mayor and aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said city; and for other purposes.
HB 496. By Messrs. Whipple of Bleckley, Dupree of Pulaski, and Yawn of Dodge: A bill to regulate the payment in advance of costs in divorce cases filed in the superior courts of Bleckley, Pulaski and Dodge counties; and for other purposes.
HB 254. By Mr. Elliott of Muscogee: A bill to amend section 3-704 of the code of 1933 to fix the time within which all suits for the recovery of wages, damages or overtime accruing to individuals under statutes shall be bought; and for other purposes.
HB 256. By Messrs. Fortson of Wilkes; Phillips of Columbia, Dorsey of Cobb: A bill to provide that persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum products shall have the right to eminent domain; and for other purposes.
HB 296. By Messrs. Weaver of Bibb and Key of Jasper: A bill to make it unlawful to kill, shoot, injure, or detain any racing or homing, or carrier pigeon having a band on either leg; and for other purposes.
HB 327. By Mr. Thrash of Coffee: A bill to amend the charter of the City of Douglas whereby the city may be zoned or districted for various uses; and for other purpQSes.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia, McNall of Chatham:

. JOURNAL OF THE SENATE;
A bill to regulate the sale and distribution of hunting and fishing licenses; and for other purposes.
HB 339. By Messrs. MeN all of Chatham, Ferguson of Camden, Gowen of Glynn, and others: A bill to regulate and control the planting and re-planting, growing, collection or gathering of oysters in the state; and for other purooses.
HB 346. By Messrs. Hatchett of Meriwether, Hill of Troup, Smith of Carroll, and Sheppard of Heard: A bill to amend sections 24-3103 and 24-3104 of the code of 1933 by providing for additional compensation of the court reporter in the Coweta judicial circuit; and for other purposes.
HB 510. By Mr. Mims of Miller: A bill to amend an act creating a board of commissioners of roads and revenues of the County of Miller; to provide for one additional commissioner; and for other purposes.
HB 511. By Mr. Mims of Miller: A bill to amend an act establishing a city court in and for the County of Miller by changing the method of compensating the solicitor of said county from a fee to a salary basis; and for other purposes.
HB 512. By Mr. Mims of Miller: A bill to amend an act incorporating the City of Colquitt to provide a salary for the mayor and for appeals from police court to city council; and for other purposes.
HB 519. By Messrs. Grayson, MeN all and Alexander of Chatham: A bill to amend the charter of the mayor and aldermen of the City of Savannah by abolishing and .-ecreating a recreation commission; and for other purposes.
HB 94. By Messrs. Durden and Smith of Dougherty: A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty county; and for other purposes.
The following local uncontested bills of the Senate and House were read the third time and put upon their passage:
SB 151. By Senator Shannon of the 21st: A bill to repeal an act to provide for the holding of two terms of the superior court of Twiggs county; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

545

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 152. By Senator Shannon of the 21st: A bill changing the terms of the superior court in Twiggs county, to provide that said term shall he held on the second Mondays in April and
October in each year; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 175. By Senator Millican of the 52nd: A bill authorizing" additional election precincts in a single militia district in unincorporated areas of counties having a population of 200,000 or more 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 33, nays 0.
The hill, having received the requisite constitutional majority, was passed.
SB 176. By Senator Millican of the 52nd: A bill to amend an act so as to require the registration cards in the voters' book in Fulton county to contain and disclose information regarding naturalization date; 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 177. By Senator Millican of the 52nd: A bill to require election managers at all elections in counties having a population of 200,000 or more to preserve and seal in a separate envelope directed to the county registrar the application of ballots of those who vote at said election; and for other purposes.
The report of the committee, which was favorable to the passage of the hill,

546

JOURNAL OF THE SENATE,

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.

SB 179. By Senator Millican of the 52nd: A bill to amend the pension act of Fulton county to increase the amount of maximum payable; to provide for payments of pensions for lesser periods of service; to create a pension board for Fulton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 182. By Senator Bloodworth of the 23rd: A bill to incorporate a new municipality in Houston county, to be known as Warner Robins; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and adopted:
HR 131. By Mr. Key of Jasper and Mrs. Mankin of Fulton: A resolution endorsing the establishing of a Jewish homeland in Palestine and its further development for the absorption of Jewish refugees; and for other purposes.
The following bills and resolutions were read the third time and put upon their passage:
HB 272. By Mr. Greene of Schley: A bill to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to. .
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 24, 1943

547

HB 279. By Mr. Broome of Wilkinson: A bill to amend an act creating a board of commiSSioners of Wilkinson county, relating to the quorum, pay and county attorney of said board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 334. By Mr. Daves of Dooly: A bill to amend an act amending an act creating a board of commissioners of roads and revenues for the County of Dooly to provide for redistricting the 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.
HB 394. By Messrs. Smith and Roughton of Washington: A bill to amend an act granting to the City of Davisboro authority to consolidate the offices of treasurer and city clerk:; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 396. By Mr. Rossee of Putnam: A bill to amend an act establishing a new charter for the City of Eatonton to fix the salary of the city 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 408. By Mr. Salter of Upson: A bill to amend section 69-201 of the Code of 1933, regulating eligibility of councilmen and aldermen of Thomaston for election to other municipal offices; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 421. By Messrs. Gholston of Madison, Price and Hill of Clarke: A bill to amend the acts incorporating the Town of Hull, so as to grant power and authority to regulate the use of streets for business purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 71. By Messrs. Barfield, Wilson and Weaver of Bibb: A resolution relieving Pete Goddard from liability on the bond of Noah Grimes; and for other purposes.
The report of t~e 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.

HR 82. By Messrs. Harris of Richmond, Copland, Smith and Elliott of Muscogee: A resolution relative to the Western and Atlantic railroad commission and providing for appointment of Frank D. Foley to fill a vacancy; 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.
The resolution, having received the requisite constitutional majority, was adopted.

HR 95. By Mr. Gholston of Madison:
A resolution that J. M. LaCount, surety on $200.00 bond of Dave Meadow, be relieved from payment of the $200.00; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY; FEBRUARY 24, 1943

549

On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 306. By Mr. Dunn of Lamar:
A bill to create a board of commissioners of roads and revenues in and for the County of Lamar; and for other purposes.
Senator Bloodworth of the 22nd offered the following amendment:
Amend HB 306 by striking the name "Dan I. Armstead" in line 3, of Section 2, and wherever the same may appear in said bill and substituting therefor the name "Dr. D. G. Berry."
The amendment was adopted.
Senator Bloodworth of the 22nd offered the following amendment:
Amend HB 306 by adding thereto another paragraph to read as follows:
Section 15. Be it further enacted by the authority aforesaid that the Ordinary of Lamar County shall call an election to be held on the 5th day of May, 1943, 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 thirty (30) days prior to the date of holding said election in the newspaper in said county in which the 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 the creation of a Board of Commissioners of Roads and Revenues in and for the County of Lamar", that all persons who are opposed to the adoption of this Act shall have written or printed on their ballots: "Against the creation of a Board of Commissioners of Roads and Revenues in and for the county of Lamar". If a majority of the registered, qualified voters of the County of Lamar voting in said election vote in favor of the creation of a Board of Commissioners of Roads and Revenues for the County of Lamar, then this Act shall go into effect 10 days after the 5th day of May, 1943, and Section 11 above of this Act shall not become effective unless and until the referendum provided for in this Section shall have been complied with.
Section 16. If a majority of the registered, qualified voters of the County of Lamar voting in said election vote against the creation of a Board of Commissioners of Roads and Revenues for the County of Lamar, then this Act sh~.ll be null and void and of no effect.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On dte pasasge of the bill, the ayes were 32, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.
HB 341. By Mr. Dunn of Lamar: A bill to repeal an act to create an advisory board to have charge of roads and revenues in and for the County of Lamar; and for other purposes.

Senator Bloodworth of the 22nd offered the following amendment:
To amend HB 341 by adding thereto another paragraph to read as follows:
Section 5. Be it further enacted by the authority aforesaid that the Ordinary of Lamar County shall call an election to be held on the 5th day of May, 1943, 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 thirty (30) days prior to the date of holding said election in tht' newspaper in said county in which Sheriff's 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 ADVISORY BOARD of Lamar County", 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 ADVISORY BOARD of Lamar County". If a majority of the registered, qualified voters of the county of Lamar voting in said election, vote in favor of abolishing the Advisory Board of Lamar County, then this Act shall go into effect on the tenth day of May following said election. If a majority of the registered, qualified voters of the County of Lamar voting in said election, vote against the abolition of the Advisory Board of Lamar County, then this Act shall be null and void and of no effect.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Mr. Boyett of the 11th 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/or resolutions of the Senate and ttave instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 61.
SB 66.

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551

SB 108.

Respectfully submitted, R. L. Boyett of 11th district, Chairman.

Senator Bloodworth of the 22nd asked unanimous consent on March 16, 1943, to have the following statement incorporated in the Senate Journal of February 24, and the consent was granted:
In compliance with a request from a group of citizens' of Lamar county, notation is made herewith to the effect that it was brought to the attention of members ~f the Senate and the Committee on "Counties and County Matters" that House Bills Nos. 306 and 341, affecting Lamar county, both of which passed the Senate as amended on February 24, 1943, were not advertised either by publication in newspapers or by posting notices at the court house for 30 days prior to introduction of such bills as required by law for the enactment of local legislation by the General Assembly. This is the contention of a group of citizens who opposed the passage of these two bills and they desire to formally protest their passage on the above grounds.
A sealed communication was received from His Excellency, the Governor, through Honorable M. E. Thompson, executive secretary.
At this time, the Reidsville, Tattnall County, Georgia, Glee Club with Mrs. Sherron Smith, insructor, was admitted to the Senate chamber and rendered a beautiful program.

The following bills and resolutions were read the third time and put upon their passage:
HB 68. By Mr. Mixon of Irwin:
A bill to provide for the regulation by the Georgia public service commission of the installation, containers and equipment used in the installation, storage, handling, transportation dispensing and utilization of liquefied petroleum gases; and for other purposes.
The Committee on State of Republic offered the following substitute:
A BILL TO BE ENTITLED
An Act to authorize the Insurance Department of the State of Georgia to prescribe uniform regulations in this State for safety in the design, construction, location, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases, for fuel purposes, and for the odorization of said gases used therewith; making a violation of this Act a misdemeanor and prescribing the penalty therefor; to prohibit the refilling or use of liquefied petroleum gas containers without authorization by the owner thereof; to prohibit the

U . JOURNAL OF THE SENATE,

adoption by municipalities of ordinances in conflict with this Act; arid for other purposes.
BE IT ENACTED, by the General Assembly of the State of Georgia and it is hereby enad~d by authority of the same:
Section I. The term "Liquefied Petroleum Gas," as used in this Act, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of. the same: Propane, Propylene, Butanes (normal Butane or Isobutane), and Butylenes.

Section 2. The Insurance Department of the State of Georgia shall make, promulgate and enforce regulations for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tanlt trailer, and utilizing Liquefied Petroleum Gases for fuel purposes, and for the odorization of said gases used therewith. Such regulations shall be substantially in conformity with the published "Standards of the National Board of Fire Underwriters for the Design, Installation and Construction of Containers and Pertinent Equipment for the Storage and Handling of Liquefied Petroleum Gases" (Pamphlet No. 58) as recommended by the National Fire Protection Association covering the same subject matter. Such regulations shall be adopted by the Insurance Department only after a public hearing thereon.

Section 3. (a) That before any person, manufacturer, jobber or retailer of containers and other equipment used for storage or utilization of liquefied petroleum gases as well as any distributor or dispenser of such gases shall engage in business as a dealer in or dispenser of liquefied petroleum gases or containers or systems he shall first procure a permit from the Insurance Department of the State of Georgia to engage in said business and said Insurance Department shall issue such dealer a permit upon posting of bond in the sum of Ten Thousand Dollars ($10,000). The Insurance Department shall have the authority to approve or reject any bond filed in accordance with the provision hereof.

(b) The Insurance Department, in its discretion, may allow the applicant for a permit to file in lieu of such bond a policy of indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all the provisions hereof relating to bond and must likewise be approved by the Insurance Department. That any person, persons, firm, corporation, association or partnership, or style of branch est:1blishment not solely owned by a bonded dealer or jobber shall be considered for the purpose of this Act as a separate dealer or jobber and a separate bond and business permit shall be required.

(c) That in the event any bond or policy of indemnity insurance filed with the

Insurance Department in conformity with the provisions, of this Act; .sijall subse-

quently become impaired in any way, or become void, the Insurance. :Department

shall have the right and authority to suspend the permit issued until' osatisfactory

substitution therefore be. made.

.

,. ;,

WEDNESDAY, FEBRUARY 24, 1943

553

Section 4. No person, firm, or corporation, other than the owner, except those authorized by the owner so to do, shall refill or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or other purpose whatsoever.
Section 5. It shall be unlawful for any person, firm, association, or corporation, on and after the effective date of this Act to violate any of the provisions of this Act or of the regulations of the Insurance Department made pursuant to this Act. Any person, firm, association, or corporation, violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by law.
Section 6. No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this Act or with the regulations promulgated under Section 2 of this Act.
Section 7. This Act shall become effective thirty days after it has been approved by the Governor of Georgia.
Section 8. Should any section, part, clause or clauses of this Act be declared unconstitutional by a Court of competent jurisdiction, such declaration of unconstitutionality shall not affect the remaining sections, parts or clauses hereof.
Section 9. All laws or parts of law in conflict with the provisions of this Act be and the same are hereby repealed.
Senator Lovett of the 16th offered the following amendment to the substitute:
Amend substitute to HB 68 by striking the words and figures $10,000.00 in the 7th and 8th lines in section 3-A and substituting therefor the words and figures $5,000.00 and further amend by striking six in its entirety.
On the adoption of the amendment to the substitute the ayes were 27, nays 8, and the amendment was adopted.
Senator Atkinson of the 1st offered the following amendment to the substitute:
Amend committee substitute to HB 68 as follows: By striking from said bill wherever they occur the words "insurance department" and substituting in lieu thereof the words "public service commission".
On the adoption of the amendment the ayes were 23, nays 10, and the amendment was adopted.
Senator Atkinson of the 1st offered the following amendment to the substitute.
Amend substitute to HB 68 as follows: By adding a paragraph to be known as paragraph 3-A as follows: In lieu of bond or insurance policy a $5,000 victory bond of series readily cashed may be deposited by applicant.
The amendment was adopted.
Senator Atkinson of the 1st offered the following amendment to the substitute:

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Amend substitute to HB 68 by adding to section 4, of the bill immediately after the words, "Section 4," the following: "The public service commission may in its discretion pass rules providing that", and by adding at the end of section 4, the following: "Provided that this provision shall not become effective until six months after the cessation of hostilities in the present war".
The amendment was adopted.
Senator Lovett of the 16th moved that the bill and all amendments be indefinitely postponed.
On the motion to indefinitely postpone the ayes were 32, nays 0, and the motion prevailed.
The following bill was taken up for the purpose of considering a House substitute thereto :
SB 43. By Senator Millican of the 52nd:
A bill to authorize superior courts of the state to hear and determine time and place of birth of persons; an~ for other purposes.
The House offered the following substitute:
An Act to provide for the registration of births which occurred within the State of Georgia or within any other state in the U,nited States which are not on record in the office of the Georgia Department of Public Health, the office of the Ordinary, the office of the city or county Health Department, or the proper office in the state in which such births occurred; to designate the persons who may make application for such registration and the place at which such application shall be made; to provide for the method of making such application, the contents of such application and the fee to be paid in connection therewith; to designate the person who shall receive and examine such application and issue such certificate of birth; to provide for the examination of such applications and supporting evidence and to provide for the filing of such birth certificates and the second originals thereof; to provide for the issuance of delayed birth certificates where satisfactory documentary evidence is not available; to provide for the forms on which delayed birth certificates shall be issued and to provide that a certified copy of the original record or the two originals of such delayed birth certificates shall be admissible in evidence in all courts of record in the State of Georgia; to specify the purpose for which fees received under the terms of this Act shall be disbursed; to repeal all laws or parts of law in conflict herewith, 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. Whenever a birth which occurred in the State of Georgia or in any

WEDNESDAY, FEBRUARY 24, 1943

sss

other State of the United States is not on record in the office of the Georgia Department of ,Public Health, the office of the ordinary, the office of the City or County Health Department, or the proper office in the State in which such births occurred, application for the registration of the birth may be made by the interested person to the ordinary of the county of such persons residence in Georgia or the county of such persons birth.
Section 2. The application for registration of births shall be sworn to by the person making application before a person authorized to administer oaths under the laws of Georgia, and such application shall set forth all the facts required on the delayed certificate of birth to be prescribed by the Georgia Department of Public Health, and such application shall be supported by such evidence as shall be prescribed by the Georgia Department of Public Health. The application and evidence shall be accompanied by an examination fee of $2.00 and a filing fee of SOc, a total fee of $2.SO.
Section 3. Any employer in Georgia may, upon the approval of the Georgia Department of Public Health, employ a person to issue delayed birth certificates under the terms of this Act. The pe.rson to be employed shall first be approved by the Georgia Department of Public Health and upon such approval he shall be deputized by the ordinary of the county in which he is to work. When such person is deputized, as herein provided, he shall have the same power and authority as the ordinary has under the terms of this Act. Wherever such person is employed and deputized, the fee herewith provided shall be disbursed as follows: SOc of same shall be forwarded to the Georgia Department of Public Health for the filing and recording of such delayed birth certificate and the remainder of said fee shall be paid to the ordinary of the county in which such delayed certificate of birth is issued for filing the evidence and making a certified copy of the delayed certificate of birth for the applicant.
Section 4. The ordinary or deputy herein provided for shall examine the evidence and application and if satisfied that the facts set forth in the application are true and that the evidence authorizes the issuance of the delayed certificate of birth under the rules and regulations to be issued by the Georgia Department of Public Health, he shall issue an original and a second original delayed certificate of births to the applicant. The first original of the delayed certificate of birth shall be forwarded to the Georgia Department of Public Health, together with the filing fee of SOc within fi've days from the date of the approval of the certificate by the ordinary cr deputy who shall retain the second original of the certificate for his files. In the event that satisfactory documentary evidence is not available and it is impossible for the applicant to furnish evidence as required by Section 2 of this Act, then the ordinary shall take the testimony of the applicant and such witnesses as he may care to produce and shall file a transcript of the testimony in his office, if such testimony authorizes an issue of the delayed birth certificate under the rules and regulations to be issued by the Georgia Department of Public Health. The ordinary or the deputy may issue the delayed certificate of birth as herein provided and shall forward a transcript of the testimony, together with the origiqal copy of the dehyed certificate of birth, to the Georgia Department of Public Health.

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Section 5. The delayed certificate of birth shall be on a form prescribed by the Georgia Department of Public Health and shall be properly signed by the ordinary or the deputy herein provided for.
Section 6. A certified copy of the original delayed certificate of birth from the files of the Georgia Department of Public Health, or from the second original retained by the ordinary, shall be admissible in evidence in all courts of record in the State of Georgia.
Section 7. The Georgia Department of Public Health shall keep a correct account of all fees received under the terms of this Act and shall use the same in the administration of this Act.
Section 8. All laws or parts of law in conflict with the terms of this Act are hereby repealed.
Section 9. This Act shall become effective immediately upon its passage and approval.
Senator Millican of the 52nd moved that the Senate disagree to the House substitute and that a committee of conference be appointed.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate, the following:
Senators: Millican of the 52nd Atkinson of the 1st Lester of the 18th
Senator Jones of the 3rd asked unanimous consent that the following bill be withdrawn from the Committee on Industrial Relations, read the second time, and recommitted:
SB 192. By Senators Jones of the 3rd and Ansley of the lOth: A bill to amend the Georgia unemployment compensation law to preservt the right of benefits to those entering the armed forces .during the present war; and for other purposes.
The consent was granted.
The following bills and resolutions were read the third time and put upon their passage:
SB 106. By Senators Preston of the 7th and Griner of the 45th:
A bill to amend section 42-511 of the code of 1933 relating to the sale of evaporated, condensed or concentrated milk so as to allow the adding of cottonseed, soybean or peanut ail; and for other purposes.
Senators Preston of the 27th and Griner of the 45th offered the following substitute:

WEDNESDAY, FEBRUARY 24, 1943

557

.,, A BILL Entitled an Act to permit the manufacture of food by the ~ddition of cottonseed, soybean or peanut oil to skimmed milk to require labeling and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That on and after the passage of this Act that the manufacture of food by the addition of cottonseed, soybean, or peanut oil to or with evaporated skimmed milk or sweetened skimmed milk, shall be permitted. A proper label in conformity with the Laws of the State and approved by the Commissioner of Agriculture must be thereon. Nothing in this Act shall be construed as in any way repealing or modifying any of the Laws of Georgia relating to milk and dairy products.
Section 2. All Laws and parts of Laws in conflict with this Act be, and are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Preston of the 27th asked unanimous consent that SB 106 be immediately transmitted to the House and the consent was granted.
SB 105. By Senator Harrison of the 17th: t
A bill to provide a certified shorthand reporters law; to provide a board of examiners and certificates; and for other purposes.
Senator Pope of the 7th offered the following amendment:
Amend SB 105 by adding at the end of the 4th line of section 5, of the printed hill the following words: "or any board, commission or court of record".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Qn the passage of the bill, the ayes were 32, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.

SB
..

147. By Senator





Lester of the 18th:

,

:

~ '1 ,'- :; L "'. '~ \'1

! ~ , ,'r

, .

A bill to amend section 113-1409 of the ~e of 1933 relating to, filing of

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JOURNAL OF THE SENATE,

annual returns by administrators and executors to provide for filing returns within 30 days after the expiration of one year, and in January each year thereafter; and for other purposes.
The report 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.

SB 148. By Senator Lester of the 18th:
A bill to amend section 113-2301 of the code of 1933 to provide where a temporary administrator is later appointed permanent administrator, and gives bond with the same surety he gave as temporary ad1:1inistrator, the order of the ordinary discharging him shall relieve him and his surety both as temporary and permanent administrators; and for other purposes.
The report 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.

HB 217. By Mr. Broome of DeKalb: A bill to provide that wardens, superintendents, or officers in charge of any prison or other place of detention shall, as far as possible, segregate first offenders from their prisoners; and for other purposes.
~
The report 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.
SR 47. By Senator Lester of the 18th: A resolution authorizing the state treasury department to destroy old correspondence and records which are no longer of material value; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SR 47 by striking the figures "1937" in line 4, and substituting in lieu thereof the figures "1932".
The amendment was adopted.
The report of the committee which was favorable to the adoption of the resolution, was agreed to as amended.

WEDNESDAY, FEBRUARY 24, 1943

SS9

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 50. By Senator Dean of the 34th: A resolution allocating the sum of $2,500.00 for the expenses of the Committee on Interstate Cooperative Committee of Councils c.f State Government; and for other purposes.
Senator Dean of the 34th offered the following amendment:
Amend SR 50 by adding the words "per annum" after the words and figures "$2500.00" in the 4th paragraph of the resolution.
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, .having received the requisite constitutional majority, was adopted as amended.
The following bill was taken up for the purpose of considering a House amendment thereto :
SB 163. By Senator Dean of the 34th: A bill to create the office of tax commissioner of Rockdale county; and for other purposes.
The House offered the following amendment:
The Committee on Counties and County Matters move to amend SB 163, by adding the following sentence to section 10, to read as follows: "Said bond premium to be paid by the commissioner of roads and revenues of Rockdale county from county funds".
Senator Dean of the 34th moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 35, nays 0, and the amendment was concurred in.
A privileged resolution by Senator Dean of the 34th extending the privileges of
the floor to Honorable J. M. Myers of Conyers, Georgia, was read and adopted.
The following resolutions were read the third time and put upon their adoption:
SR 51. By Senators Lovett of the 16th, Kennedy of the 2nd, Harrison of the 17th and others:

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JOURNAL OF' THE SENATE,

A resolution requesting the federal government and secretary of agriculture

to take action to forestall a threatened food shortage; and for otqer pur-

po. ses.

1

'

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 33, nays 0.

The ;esolution, having received the requisite constitutional majority, was adopted.

SR 52. By Senator Oden of the 46th: A resolution memoralizing Congress to appropriate funds for the purpose of constructing super national highways at the termination of the present war; 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 Atkinson of the 1st asked unanimous consent that the Senate resolve itself in executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
The Senate went into executive session at 12:55 P. M.

The following communication was dispatched to His Excellency, the Governor, through Henry W. Nevin, secretary of the Senate:

Henry W. Nevin Secretary

The State Senate Atlanta
February 24, 1943

Honorable Ellis Arnall, Governor State Capitol Atlanta, Georgia
Dear Governor: Under the rules governing Executive Sessions of the State Senate, I have the
honor to report to you the confirmation of the following nominations:

Hon. E. R. Hines of the County of Baldwin to be Judge of the County Court of Baldwin for a term beginning February 22, 1943 and expiring September 3, 1945. The vote on this confirmation was 47 to 0.

WEDNESDAY, FEBRUARY 24, 1943

561

Hon. Carlisle A. Giles of the County of Baldwin, to be Solicitor of the County Court of Baldwin for a term beginning February 22, 1943 and expiring February 2. 1946. The vote on this confirmation was 47 to 0.
Hon. Marshall L. Allison, of the County of Franklin, to be Assistant Attorney General, for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Hon. J. M. C. Townsend, of the County of Dade, to be Assistant Attorney
General, for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Hon. L. C. Groves, of the County of Lincoln, to be Assistant Attorney General, for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Hon. A. J. Hartley, of the County of Fulton, to be Assistant Attorney General,
for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Hon. Fred B. Davis, of the County of Chatham, to be Assistant Attorney General, for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Hon. Roy McGraw, of the County of Meriwether, to be Assistant Attorney General, for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Hon. Claude Shaw, of the County of DeKalb, to be Assistant Attorney General, for a term beginning February 18, 1943, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was 47 to 0.
Respectfully yours,
Henry W. Nevin, Secretary of Senate.
The executive session was dissolved at 1:10 P. M. and the Senate reconvened in regular session.
The following resolution was read and adopted:
SR 61. By Senator Ennis of the 20th:
A resolution that the General Assembly meet in joint session at 11 :00 a. m.

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March 8, 1943 for the purpose of hearing the a capella choir of Milledgeville.
Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

THURSDAY, FEBRUARY 25, 1943

563

Senate Chamber, Atlanta, Georgia.
Thursday, February 25, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted.
The following bills a:nd resolutions were introduced, read the first time and referred to committees:
SB 200. By Senator Lovett of the 16th: A bill to amend section 13-401 of the code of 1933 to provide that bank examiners in making examinations of banks shall verify eighteen or more individual deposit accounts by sending statements of balances direct to individual depositors and requesting return of verification; and for other purposes.
Referred to Committee on Banks and Banking.
SB 201. By Senator Williams of the 5th: A bill to amend the intangibles tax act to reduce the tax from $1.50 to $1.00 per $1,000.00 on obligations insured by the federal housing administration and loans made by state building and loan and federal ~aving and loan associations to finance homes; and for other purposes. Referred to Committee on Finance.

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SB 202. By Senator Arnold of the 26th: A bill to amend the banking law to provide bank examiners shall interview the directors or a committee of directors; to provide the examiner shall call the directors attention to any violation of the banking laws; and for other purposes.
Referred to Committee on Banks and Banking.
SB 203. By Senator Millican of the 52nd: A bill to provide in all elections in Fulton County the voters shall be required to vote at the voting precinct of the militia district, ward or precinct area where such voter resides, and not elsewhere; and for other purposes.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
The House has passed by substitute by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 32. By Senators: Lovett of the 16th, Ansley of the lOth and others: A resolution proposing to the people of Georgia that paragraph 3 of section 4 of article 3 of the constitution be amended to provide that the general assembly shall meet on the second Monday in January, 1945 for 60 days, and biennially thereafter; to abolish the 10-day session; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 165. By Messrs. Bates of Ware and Gholston of Madison: 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.
HB 529. By Mr. Wells of Ben Hill: A bill to amend the act creating the office of commissioners of roads and revenues in and for Ben Hill county, by providing that said commissioners shall have the right to name one of its members as special road supervisor; and for other purposes.
HB 530. By Mr. Wells of Ben Hill: A bill to amend an act creating a county depository in and for Ben Hill county so as to provide that said county depository shall have the right to cash and pay all warrants; and for other purposes.

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565

HB 538. By Mrs. Guerry of Macon: A bill to abolish the office of county treasurer of Macon county; and for other purposes.
HB 546. By Mr. Dorsey of Cobb: A bill to authorize the commissioner and the advisory qoard of Cobb county to fix the compensation of the treasurer of Cobb county; and for other purposes.
HB 550. By Messrs. Smith and Roughton of Washington: A bill to reduce the bond of the sheriff of Washington County, Georgia, from the amount of ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars; and for other purposes.
HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell: A bill to authorize the deduction of amortization for emergency or war facilties from gross income in computing taxes for the state; and for other purposes.
The House has disagreed to the Senate amendments to the following bills of the House to wit:
HB 174. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act to provide for exemption of taxation to the owner of personal property providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st; and for other purposes.
HB 306. By Mr. Dunn of Lamar: A bill to create a board of commissioners of roads and revenues in and for the County of Lamar; and for other purposes.
HB 341. By Mr. Dunn of Lamar: A bill to repeal an act to create an advjsory board to have charge of roads and revenues in and for the County of Lamar; and for other purposes.
The House has agreed to the Senate amendment, as amended, to the followinJ:l; bill of the House to wit:
HB 52. By Mr. Thigpen of Glascock: A bill to amend an act to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of official duties by them, so as to provide compensation for sheriffs in summoning a jury while the city or superior courts are in session; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the

566

JOURNAL OF THE SENATE,

House to wit:
HB 256. By Messrs. Fortson of Wilkes, Phillips of Columbia, and Dorsey of Cobb:
A bill to provide that persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes.

The House has passed by the requisite constitutional majority the following resolutions of the Senate and House to wit:
SR 61. By Senator Ennis of the 20th:
A resolution providing that the General Assembly meet in joint session at 11 :00 A. M., March 8, 1943 for the purpose of hearing the a capella choir of Milledgeville.

HR 138. By Messrs. Mims of Miller, Drake of Seminole and Gillis of Treutlen and others:
A resolution urging the secretary of agriculture of the United States of America to re-adjust the peanut program as announced for 1943, so as to include in the minimum price such incentive payments as have heretofore been contemplated; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 60. By Mr. Key of Jasper: A bill to amend an act amending the income tax laws (Georgia Laws 1937, pages 109-148) by providing exceptions of dividends received on stock: of banks and trust companies from operation of the said act; and for other purposes.
The following bills of the House were read the first time and referred to committees:
HB 165. By Messrs. Bates of Ware and Gholston of Madison: 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; and for other purposes.
Referred to Committee on University System of Georgia.

HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell: A bill to authorize the d~duction of amortization for emergency or war facilties from gross income in computing income taxes for the state; and for other purposes.

THURSDAY, FEBRUARY 25, 1943

567 .

Referred to Committee of Finance.
HB 529. By Mr. Wells of Ben Hill: A bill to amend the act creating the office of commissioners of roads an:l revenues in and for Ben Hill county, by providing that said commissioners shall have the right to name one of its members as special road supervisor; and for other purposes. Referred to Committee on Counties and County Matters.
HB 530. By Mr. Wells of Ben Hill: A bill to amend an act creating a county depository in and for Ben Hill county so as to provide that said county depository shall have the right to cash and pay all warrants; and for other purposes. Referred to Committee on Counties and County Matters.
HB 538. By Mrs. Guerry of Macon: A bill to abolish the office of county treasurer of Macon county; to authorize the board of commissioners of roads and revenues of said county to designate a depository for said ~unty; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 546. By Mr. Dorsey of Cobb: A bill to authorize the commissioner and the advisory board of Cobb county to fix the compensation of the treasurer; and for other purposes. Referred to Committee on Counties and County Matters.
HB 550. By Me&srs. Smith and Roughton of Washington: A bill to reduce the bond of the sheriff of Washington county from $10,000.00 to $5,000.00; and for other purposes. Referred to Committee on Counties and County Matters.
Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic have had under consideration the follow-
ing bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 116. Do Pass by committee substitute.
Respectfully submitted,
Lester of 18th district, Chairman.

. 568

. JOURNAL' OF THE SENATE,

Mr. Moore of the 32nd 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 ur.der 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:
HB 464. Do Pass.
HB 344. Do Not Pass. HB 447. Do Not Pass. SB 197. Do Pass.
Respectfully submitted,
Moore of 32nd district, Chairman.

Mr. Ingram of the 51st 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 iRstructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 472. Do Pass. HB 486. Do Pass. SB 191. Do Not Pass. HB 495. HB 501. Do Pass. HB 502. Do Pass. HB 500. Do Pass. HB 481. Do Pass.
Respectfully submitted, R. A. Ingram of 51st district, Chairman.

Mr. Cooper of the 14th District, Chairman of the Committee on Public Library, submitted the following report:

THURSDAY, FEBRUARY 25, 1943

569

Mr. President: Y out Committee o~ Public Library 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:
I SR 58. Do Pass.
HB 140. Do Pass.
Respectfully submitted,
R. T. Cooper of 14th district, Chairman.
Mr. Ansley of the lOth 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 same back to .the Senate with the following recommendations:
SB 79. Do Pass by substitute.
Respectfully submitted,
Ansley of lOth district, Chairman.
The following minority report was filed on SB 79:
February 24, 1943 Minority Report on SB 79
The following members of the Committee on Temperance submit a minority report on SB 79, and recommend that the bill do not pass, it being their opinion that temperance in Georgia may best be maintained by proper regulation of the legal sale of intoxicating beverages, and that the state cannot at this time afford to lose the large revenue obtained from the sale of such liquor.
Respectfully submitted,
Atkinson of 1st District. Pope of 7th District.
The following bills and resolutions of the Senate and House, favorably r'! ported by the committees, were read the second time:
SB 79. By Senators Harrison of the 17th, Kimbrough of the 25th, and others: A bill to promote temperance and prosperity for Georgia people, to foster

570

JOURNAL OF THE SENATE,

and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; and for other purposes.
SB 197. By Senator Kaigler of the 12th: A bill to repeal an act to organize a county court for the County of Quttman, and to establish in lieu thereof a county court of Quitman; and for other purposes.
SR 58. By Senator Preston of the 27th: A resolution authorizing the state librarian to furnish to the clerk of the superior court of Walton county, without cost to said county, certain enumerated volumes of the supreme court and court of appeals.
HB 140. By Messrs. Davis of Dooly, Allison of Gwinnett, and others:
A bill to authorize the destruction of records of the various departments of state upon a finding by the secretary of state and state librarian, approved by the governor, that such records have no historic value, are obsolete, and will serve no other useful purpose; and for other purposes.
HB 464. By Mr. Anderson of Wayne:
A bill to give and grant to the commiSSioners of roads and revenues of Wayne county the original land lots No. 20 and 48, in the 3rd land district of said county, with right to sell same or any part thereof at public outcrj as herein provided for; authorizing deed in the name of the state; and for other purpo3es.
HB 472. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend an act providing a new charter for the City of Marietta by changing and extending the corporate limits of the City of Marietta; and for other purposes.
HB 481. By Mr. Durden of Dougherty: A bill to amend the charter of the City of Albany, so as to empower th~ city to own, use and operate for profit, a transportation system for th'! carrying of passengers within the city limits and four miles beyond; and for other purposes.
HB 486. By Mrs. Mankin, Messrs. Ethridge and Kendrick of Fulton: A bill to amend the charter of the City of Hapeville; to authorize zoning ordinances; and for other purposes.
HB 500. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to abolish the civil service commission of the City of Augusta; and for other purposes.
HB 501. By Messrs. Harris, Holley and Nicholson of Richmond:

THURSDAY, FEBRUARY 25, 1943

571

A bill to amend the charter of the city council of Augusta so as to provide for a civil service commission; and for other purposes:
HB 502. By Messrs. Harris, Holley, and Nicholson of Richmond: A bill to amend the charter of the city council of Augusta to provide for recall to duty of any employee who may have retired u.tder the various pension acts; and for other purposes.
Senator Pope of the 7th gave notice that at the proper time he would move that the Senate disagree to the adverse report of the Committee on Municipal Gov ernment on SB 191.
Senator Terrell of the 19th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted:
SB 189. By Senators Arnall of the 36th and Arnold of the 26th: A bill to amend section 75-412 of the code of 1933, by providing for the use of the word "company", or other general terms to denote special partners; and for other purposes.
The consent was granted.
The following bills and resolutions of the House and Senate were read the third time and put upon their passage:
HB 153. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to empower the board of commissioners of roads and revenues, o;: other governing body in counties having a population of 200,000 or more to acquire real estate by purchase or condemnation to aid in slum clearance. promote sanitation, abate or remove a health nuisance; and for other _purposes.
The report of the committee, which was favorable to the pass:1ge 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.
HB 173. By Messrs. Bennett and Bates of Ware: A bill to amend the charter of the City of Waycross, to provide for the election of the recorder by the city 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

572

JOURNAL OF THE SENATE,

HB 197. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to amend section 21-105 of the code of 1933 so as to provide for an increase in the fees of coroners in DeKalb County; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 327. By Mr. Thrash of Coffee: A bill to create a zoning law 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 346. By :Messrs. Hatchett of Meriwether and others: A bill to provide additional compensation to the court reporter of th., Coweta 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 31, nays 0.
The hill, having received the requisite constitutional majority, was passed.
HB 356. By Mr. Thomas of Chattooga: A bill to provide for the establishment of a juvenile court m Chattoog;.t county; 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 380. By :\lr. Boynton of Union:
A bill to provide an additional salary for the county school superintendent of Union county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 25, 1943

573

On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 383. By Mr. Riley of Peach: A bill to provide three regular terms of Peach county superior court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
BH 398. By Messrs. Smith and Roughton of Washington: A bill to require an advance deposit of $10.00 by the plaintiff in divorce cases filed in the superior court of Washington county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 432. By Mr. Porter of Gordon: A bill to raise the salary of commissioner of Gordon county to $3,000.00 per year; and for other purposes.
The report of the committee, which was favorable to the passal!e 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.
HB 443. By Messrs. Bargeron and Cates of Burke: A bill to amend an act establishing the city court of Waynesboro to provide for trial by a jury of six when twelve jurors are not demanded; and for other purposes.
The report 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.
HB 444. By Messrs. Weaver, Barfield and Wilson of Bibb:

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JOURNAL OF THE SENATE,

A bill to provide for holding six regular terms each year of superior court of Bibb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 445. By Mr. Dorsett of Douglas County: A bill to amend the act creating the office of tax commissioner of Dougl~s county to provide for clerical help to the commissioner, and the salary br such help; and for other purposes.

The Committee on Counties and County Matters offered the following amendment:
Amend HB 445 by striking therefrom the whole of section 4 and substituting in lieu thereof to be designated as section 4 the following:
Section 4. Be it further enacted by the authority aforesaid that the compensation of the Tax Commissioner of Douglas County, shall be fixed at an annual salary of eighteen ($1800.00) dollars per annum, to be paid in twelve equal monthly payments from the general funds of said County.
(a). In addition to the annual salary aforesaid there shall be paid from the general funds of Douglas County, to a clerk to be selected and employed by said Tax Commissioner of Douglas County, the sum of fifty ($50.00) per month-said clerk hire to be paid for such time, that is for such months in the year, as the said Tax Commissioner may deem it necessary to employ a clerk.
(b). The said Tax Commissioner shall pay premium on bond, but shall not be required to furnish office equipment, stationery or supplies for his said office or pay for the necessary print;ng for said office. These items likewise to be paid from tllf' General Funds of Douglas County.
(c). All fees collected by said Tax Commissioner shall be paid into the Gener'll Treasury of Douglas County, Georgia.
(d). This amendment shall become effective as of April 1st. 1943.
The amendment was adopted.
The report of the committee, which was favorable to the pass:1ge 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.

THURSDAY, FEBRUARY 25, 1943

575

HB 446. By Mr. Fu3sell of Webster: A bill to provide the method of electing members of county boards of education in Webster county; and for other purposes.
The report of the committee, which was favorable to the pa~s:>ge 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.
HB 449. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to create a new charter for the City of Moultrie; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 453. By Messrs. Deal and Brunson of Bulloch: A bill to fix the salary of the clerk of the superior court of Bulloch county and his clerical help; and for other purposes.
The report 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.
HB 465. By Mr. Moore of Taliaferro: A bill to amend the act designating a county depository for Taliaferro county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 466. By Messrs. Price and Hill of Clarke: A bill to amend an act to provide that a member of the board of commi3. sioners may be named a trustee of the Clarke county operated hospital; and for other purposes.
The report of the committee, which was favorable to the passage of the biil,

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JOURNAL OF THE SE~ATE,

was agreed to. On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 467. By Mr. Gillis of Treutlen: A bill to change the time for holding the quarterly terms of the city court of Soperton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0. The bill, having received the requisite constitutional majority, wa~ passed.
HB 473. By Messrs. Price and Hill of Clarke: A bill to repeal an act requiring the payment of costs in divorce cases in Clarke county at the time of filing the petition; and for other purposes.
The report of the committee, which was favorable to the passa~e of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 474. By Mr. Sills of Candler: A bill to fix the salary of the clerk of the county commissioners of Candler county at $65.00 per 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 47 nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 476. By Mrs. Mankin and Messrs. Kendrick, Etheridge of Fulton: A bill to amend an act to establish a new charter for the City of Atlanta relative to death of firemen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 477. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:

THURSDAY, FEBRUARY 25, 1943

577

A bill to provide that cities having a population of 150,000 by the United States Census of 1920 shall furnish aid, relief and pensions to various employees; and for other purposes.
Senator Milican of the 52nd offered the following amendment:
Amend HB 477 section 2 by striking the entire balance of section after the words ''to such City" in line 2 of said section.
The amendment was adopted.
The report of the committee, which was favorable to the p:tssage of the bil!, was agreed to as amended.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed ;:s amended.
HB 478. By l\lr. Thigpen of Glascock: A bill to amend, consolidate and supersede the act incorporating the Town of Gibson, and change name from "Town of Gibson" to "City of Gibson"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 485. By Messrs. Mabry and Jennings of Sumter: A bill to amend the charter of the Town of Leslie to enlarge the duties of the tax assessors; and for other purposes.
The report 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.
HB 487. By Mr. Giddens of Calhoun: A bill to abolish the city court of Morgan; to transfer all records of such court and the pending business in such court to the superior court of Calhoun county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

578

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
HB 489. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to amend the acts creating the board of commissioners of Bibb county to provide for adoption of rules, regulations and ordinances for the security, welfare <&nd health of said county, and for the preservation of the peace; and for other purposes.
The report 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.
HB 490. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to amend the charter of the City of Macon to authorize mayor and council to order repairs or elimination of property certified as fire hazards or detrimental to health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 491. By Mr. Howard of Long: A bill to amend the act creating the board of commissioners of Lor.g county fixing the terms of the commissioners and providing for a county attorney and fixing his salary; and for other purposes.
The report 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.
HB 493. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to amend the charter of the City of Savannah to extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

THURSDAY, FEBRUARY 25, 1943

579

The bill, havmg received the requisite constitutional majority, was passed.
HB 496. By Me>srs. Whipple of Bleckley, Dupree of Pulaski, and Yawn of Dodge: A bill to regulate the payment in advance of costs in divorce cases filed in the superior courts of Bleckley, Pulaski and Dodge counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 497. By Mr. Williams of Coffee: A bill to amend an act to create a new Charter for the City of Douglas by providing for a voters list; and for other purposes.
The report 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.
HB 510. By Mr. Mims of Miller: A bill to amend an act creating a board of commiSSIOners of roads and revenues of the County of Miller to provide for an additional commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pasasge of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 511. By Mr. Mims of Miller: A bill to amend the act establishing a city court for the County of Miller to change the solicitor from a fee to a salary basis; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

580

JOURNAL OF THE SENATE,

HB 512. By Mr. Mims of Miller: A bill to amend the charter of the City of Colquitt to provide a salary for the mayor; to provide for appeals from police court to the city 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 519. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to amend the charter of the mayor and aldermen of the City of Savannah by abolishing and recreating a recreation 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 484. By Mr. Porter of Gordon: A bill to ame1~d the charter of the Town of Sugar Valley; to authorize a $25,000 bond issue; and for other purposes.
The report 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.
HR 94. By Messrs. Durden and Smith of Dougherty: A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty 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 no quorum voted. The president ordered a roll call and the vote was as follows:

THURSDAY, FEBRUARY 25, 1943

581

Those voting in the affirmative were Senators:

Ansley Arnall Bacon Bloodworth of 22nd Bloodworth of 23rd Brock: Byrd Clements Coopt:r Dantzle1 Dean Ennis

Eubank Fowler Griner Hall Harrison Hollis Jones Kaigler Kennedy Kennon Kimbrough Lester

Lovett Martin Millican Moore Newton Pope Shannon Simmons Stark Terrell Williams

Not voting were Senators Arnold, Atkinson, Estes, Forester, Foster, Hampton, Ingram, Oden, Peterson, Pittman, Preston, Raynor, Thigpen, Whitworth, and Whitworth.

By unanimous conse~t, 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 majority, was adopted.

Senator Ennis of the 20th moved that the Senate reconsider its action on the adoption of the resolution and the resolution be recommitted to the Committee on Public Library.

The motion prevailed and the resolution was recommitted.

SB 116. By Senators Lester of the 18th, Atkinson of the 1st and others:
A bill to create a state highway commission of ten members and to abolish the state highway board; and for other purposes.

The Committee on State of Republic offered the following substitute:

A BILL
To be entitled an Act to repeal an Act approved January 30, 1941 (G;~. Laws 1941, pages 290-291) creating a State Highway Board, providing for its membership, terms of office, powers, duties and compensation; to abolish and terminate the term, tenure and perquisite of office of the members appointed under ~aid Act; to create the offices of State Highway Director and Treasurer of the State Highway Department, to prescribe their duties

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JOURNAL OF THE SENATE,

and pow.-:rs, compensation and tenure; to create a State Highway Commission and to provide for the compensation, authority, powers and duties thereof; to ;Jrovide that the State Highway Department ~hall encourage the employment of Georgia labor and the use of material produced within the State of Georgia; to empower the State Highway Department to contract with municipalities, counties, and various departments of the Federal Government; to provide that pending actions and cause5 of actions shall abate and stand abated unless reinstated by executive order of the Gove~ nor, concurred in by the State Highway Commission; to provide against the liability of the State Highway Commission and the State Highway Department for actions originating prior to the passage of this Act, except where allowed hy executive order, concurred in by the State Highway Commission; to provide the manner in which service of process shall be had on the State Highway Department; to prohibit the members of the State Highway Commission, or any officer or employee of the State Highway Department, from contracting to buy from or sell to the State Highway Department merchandise, etc., and to provide the penalty for the violation thereof; to repeal all laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Act approved January 30, 1941 (Ga. Laws 1941, rages 290-291) creating a State Highway Board, providing for its membership, terms of office. powers, duties and compensation, be, and the same is hereby repealed, and the State Highway Board appointed under and by virtue of said Act is hereby abolished and the term, tenure and perquisite of office of the members of such Board is hereby terminated.
Section 2. The State Highway Department as created and provided for in Title
95, Part IV, of the Code of Georgia, and Acts aamendatory thereof, shall be man-
aged and controlled in the manner hereinafter provided.
Section 3. There is hereby created the offices of State Highway Director and Treasurer of the State Highway Department, to be appointed by the Governor subject to confirmation by the Senate, both of whom, however, shall serve at th~ pleasure of the Governor. They shall be citizens of the State of Georgia and shall he required to execute faithful performance bonds with a solvent Surety Company, approved by the Governor, qualified to do business in this State, in such sums 1s the State Highway Commission, hereinafter provided, by resolution, shall prescribe, the premiums thereof to be paid out of the funds of the State Highwry Department.
Section 4. Immediately upon the appointment and qualification of the said State Highway Director he shall become vested with the duties and powers of the management and control of the State Highway Department, except in so far as such duties and powers may conflict with those of the State Highway Commission as hereinafter provided.
Section 5. The State Highway Dire~tor is hereby authorized and empowered
to place on the State Highway System any state-aid-road as he deems necessary to

THURSDAY, FEBRUARY 25, 1943

583

the best interest of the State, and to take off of the State Highway System all roads heretofore certified as state-aid-roads which do not exist or which, if in existence, have never been maintained, by the State Highway Department, and such roads as have been included in United States Government Reservations and closed to travel of the public, by first giving written notice to the county road authorities concerned thirty days prior to such action.
Section 6. Immediately upon the appointment and qualification of the Treasurer of the State Highway Department, he shall enter upon his duties which shall be to receive and receipt for all funds from all sources to which the State Highway Department is entitled; to disburse such funds at the direction of the State Highway Director; to have charge of and supervise the keeping of the records, books anj accounts of the State Highway Department, and to perform such other duties as may be required of him by the State Highway Director.
Section 7. There is hereby created a Commission to be known as the State Highway Commission which shall consist of ten members to be appointed by the Governor with the approval of the Senate, who shall serve for a term of four years, the same to be concurrent with that of the Governor. Each Congressional District of the State shall be represented by a member residing in said District. No member of such Commission, however, shall be eligible for reappointment upon the expiration of his term. The Governor shall designate one member of such Commission as Chairman, one member as Vice-Chairman, and another member as Secretary, but such officials shall receive no additional compensation for their services. Each member of the Commission shall receive as compensation seven dollars per diem while engaged upon attendance at meetings of the Commission, and shall be entitled to actual expenses while so engaged.
Section 8. The members of the State Highway Commission shall meet on the first Monday in each month at the State Highway Building, located at No. 2 Capitol Square, in the City of Atlanta, to transact such business as may properly come before it. The Commission shall not remain in session for more than four days in any one month. Called meetings of the Commission may be had at such times as are deemed necessary by the Chairman or a majority of the members thereof; provided, that not more than two called meetings shall be held in any one month and such called meetings shall be limited to two days.
Section 9. It shall be the duty of the State Highway Commission to make quarterly reports to the Governor of the complete operations, activities and plans of the State Highway Department, together with such recommendations for the future activities of the Department as said Commission may deem to be to the best interest of the State of Georgia; said Commission shall also constitute an advisory body wit~ whom the State Highway Director may from time to time consult regarding the administration of the affairs of the State Highway Department. The State Highway Commission is hereby authorized and empowered to request from the State Highway Director, Treasurer, Officers and employees of the State Hi!lhway Department complete reports and information relative to the affairs of the Department at

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JOURNAL OF THE SENATE,

such time and in such manner as the Commission may deem advisable. Each member of the Commission shall give attention to and survey the conditions of the roads and highways in his respective district and make recommendations concerning the needs, maintenance, planning of roads and road construction to the Commission.
Section 10. In the construction and maintenance of highways, the State Highway Commission and the State Highway Director shall encourage the employment of Georgia labor and the use of materials produced within the State whenever possible. Plans, specifications, proposal forms, n'otices to contractors and advertisements fo-:materials shall be prepared with the view of utilizing, as far as practical, acceptable materials produced within the State. Mineral aggregates conforming with standard specifications for types of work intended shall be purchased from Georgia producers whenever the price per ton is equal to or lower than the price per ton submitted by an out-of-state producer.
Section II. The State Highway Department shall have the power and authority to cooperate with the several counties and municipalities of Georgia, and with the highway departments, bureaus, commissions, and authorities now in existence or hereafter to he created by the Congress of the United States and by the Legislature of this State or other States, and by whatever name or title designated, by providing surveys, maps, specifications, and other things necessary in planning, supervising, locating, improving and constructing roads and highways and streets in any part, section or area of Georgia.
Section 12. All pending actions and causes of action against the State Highway Department or the State Highway Board of Georgia shall abate and stand abateJ unless reinstated and allowed to proceed by executive order of the Governor, agreed to by the State Highway Commission, in which event the State Highway Department shall he the necessary party defendant thereto. The State Highway Commission nor the State Highway Department shall b~ liable to suit for alleged causes of action originating prior to the passage and approval of this Act and no action shall be maintained therefor or thereon, except upon executive order of the Governor and the approval thereof by the State Highway Commission.
Section 13. The courts of the county or the residence of any member of the State Highway Commission shall have jurisdiction of all actions brought directly and primarily against the State Highway Department, ami service of process must be had on the member of the Commission residing in the County where the suit is brought. This service shall be sufficient only when second original process is issued from said County and served on the State Highway Director in Fulton County, either personally or by leaving copy thereof at his office in the State Highway Building, No. 2, Capitol Square, Atlanta, Georgia. The courts of the CouPty of the residence of the State Highway Director will not have jurisdiction of any action brought directly and primarily against the State Highway Department, unless a member of the Commission also resides in such County. All suits brought directly and primarily against the State Highway Department must bear test in the name "State Highway Department of Georgia."

THURSDAY, FEBRUARY 25, 1943

585

Section 14. It shall be unlawful for any member of the State Highway Commission, or any officer or employee of the State Highway Department to contract to buy from or sell to the State Highway Department any merchandisr, materials or supplies of any kind, when such purchase or sale would benefit or be likely to benefit such member, officer or employee, his relative, or any firm or corporation in which he is or may be interested as a stockholder, partner, sharer, or beneficiary. Any per~on or persons violating the provisions of this Section shall be guilty of a misdemeanor.
Section 15. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Lovett of the 16th asked unammous consent that further action on SB 116 be deferred until March 2, 1943.
There was objection.
Senator Lovett of the 16th moved that further 2.ction on SB 111) be deferred until March 2, 1943.
On the motion to defer action, the ayes were 15, nays 21, and the motion was lost.
Senator Kennedy of the 2nd asked unammous consent to cast his vote an.i retire and the consent was granted.
Senator Kennedy of the 2nd asked to be recorded as voting "aye" on the bill and "nay" on all amendments, and he was so recorded.
Senator Atkinson of the 1st moved the previous question, :md the motion prevailed.
Senator Terr~ll of the 19th offered the following amendment to the substitute:
Amend substitute to SB 116 and section 5 thereof by insertinr; in the fifth line
of section 5, immediately following the word "Department" the following words "or used by the traveling public."
The amendment was adopted.
Senator Stark of the 33rd offered the following amendment to the substitute:
Amend substitute to SB 116 by striking word ''may" in line 6, section 9, and inserting in lieu thereof the word "shall".
The amendment was adopted.
Senator Pope of the 7th offered the following amendment to the substitute:

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JOURNAL OF THE SENATE,

Amend substitute to SB 116 by striking the words "his relatives" in line 5, section 14 thereof.
The amendment was adopted.
The substitute was adopted as amended.
The report of the committee, which was favorable to the passagl' of the bill by subsitute, was agreed to as amended.
On the passage of the bill, the ayes were 41, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Simmons of the 8th district asked unanimous consent that SB 116 b~ immediately transmitted to the House and the consent was granted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 55. By Senator Arnold of the 26th:
A bill to amend section 24-2104 of the code of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.
The House amendment was as follows: By the Committee on Special Judiciary:
Amend SB 55 by adding a new section before the repealing clau~e, to be num-
bered section 3 and to read as follows:
Section 3. This act shall remain in force and effect until six (6) months after the close of the present war, and no longer, at which time the same shall automatically expire and be of no force and effect.
The committee further amends the caption of said bill by adding before the words "and for other purposes" the words "to provide for the expiration of this act."
Senator Arnold of the 26th moved that the Senate concur in the House amendment.
On the motion to concur the ayes were 38, nays 0, and the amendment was concurred in.
Senator Brock of the 37th asked unanimous consent that the following bill be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted.
.HB 462. By Messrs. Smith and Reid of Carroll:

THURSDAY, FEBRUARY 25, 1943

587

A bill to create a board of commissioners of roads and revenues for Carroll county; and for other purposes.
The consent was granted.
Mr. Boyett of the 11th 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/or 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 Governor:
SB 161.
SB 162.
SB 163.
SR 13.
Respectfully submitted, R L. Boyett of 11th district, Chairman.
The president asked unanimous consent that today's session be extended until 2 o'clock or until important pending business is disposed of and the consent was granted.
The following bills of the Senate and House were read the third time and put upon their passage :
HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt; Durden of Dougherty, and others: A bill to provide entertainment on Sunday for the men in th,. armed forces of the United States; and for other purposes.
Senator Foster of the 40th called the previous question, and the call was sustained.
The Committee on the State of Republic offered the following amendment: Amend HB 413 by inserting in the caption after the word on line three "amusements" the following: "To provide for exception in cities and counties where amusements are now operating on Sunday and where proceeds are now being given to charitable organizations, and to further amend by adding a new section to be known as Section 1, Paragraph 3, as follows: Section 1, paragraph 3, Provided further in all cities or counties where amuse-

588

JOURNAL OF THE SENATE,

ments are now operating on Sunday and where the net proceeds are now being given to charitable organizations the provisions of this act shall not apply a.d said amusements shall continue to operate in the same manner as in the past and shall continue to give net proceeds to the same charitable organizations as prior to the passage of this bill."
The amendment was adopted.
Senator Harrison of the 17th offered the following amendment:
Amend HB 413 by insertin~ a new section to be appropriately numbered follow ing section I to read as follows:
"That all towns and cities permitting the showing of moving pictures on the Sabbath Day, that all net proceeds from said exhibitions on the Sabbath shall be donated to such charities or eleemosynary institutions as may be designated by tht local governmental authorities if in an incorporated town or city and if outside the limits of a town or city shall be designated by the county governmental authoritie<.
Senator Harrison of the 17th moved that the amendment be adopted.
On the motion to adopt the amendment, the ayes were 28, nays 8. and the amendment was adopted.
Senator Harrison of the 17th district offered the following amendment: By inserting a new section to be appropriately numbered followmg section I to read as follows : "That no town or city or community that did not permit the showing of moving; pictures on the Sabbath Day prior to Jan. I, 1943, shall license or pfrmit the showing of moving pictures on the Sabbath without first submitting it to a vote of the people of the town, city or community affected and then only after a majority 0f those voting in said special election shall have declared themselves as favorable to such a venture. A special registration of voters must be had and closed two weeks prior to the voting on said measure and said expenses of said registration and balloting shall be paid by the moving picture exhibitor and town, city or community affected on a fifty per cent basis, that is, each paying one-half of the expense involved."
Senator Harrison of the 17th moved that the amendment be adopted.
On the motion to adopt the amendment, the ayes were 25, nays II, and the amendment was adopted.
The report of the committee, which was favorable to the passag-e of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 21, nays 21.
The bill, having failed to receive the requisite constitutional majority, was lost.

THURSDAY, FEBRUARY 25, 1943

589

Senator Pope of the 7th district gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass HB 413.
SB 149. By Senator Estes of the 35th: A bill to provide the amount of flour, grits or corn meaL when purchased for repa::king, shall be placed in each sack; to provide the amount of cement, plaster, potatoes and seeds to be placed in each bag; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, w;~s <Agreed to.
On the passage of the bill, the ayes were 10, nays 21.
The bill, having failed to receive the requisite constitutional majnrity, was lost.
The following resolution was read and adopted:
HR 135. By Mr. Oden of Baker: A resolution whereas many. citizens of Georgia have not paid their license taxes on their automobiles and busses and trucks up to this date. Therefore be it resolved, that the Governor of Georgia is hereby requested to extend the time until April 1, 1943.
The following bills and resolutions were read the third time and put upon their passage:
SB 166. By Senators Eubank of the 29th and Gross of the 31st: A bill to amend an act to provide county taxes may be levied to provide lunches for children of school age in the public schools of this state; anJ for other purposes.
The report 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 Eubank of the 29th asked unanimous consent that SB 166 be immedi .ately transmitted to the House and the consent was granted.
Senator Bloodworth of the 22nd moved that the Senate ms1st on its amendments to the following bill of the House and that a conference committee be appointed to confer with a like committee on the part of the House:
HB 174. By Mr. Deal and Mr. Brunson of Bulloch: A bill to amend an act to provide for exemption of taxation to the owner

590

JOURNAL OF THE SENATE,

of personal property by providing that the date of the filing of the application for exemption shall be changed from April 1, to May 1, of the year in which exemption from taxation is sought; and for other purpcses.
On the motion to insist, the ayes were 35, nays 0, and the motion prevailed.
The president appointed as a committee of conference on the part of the Senate the following:
Senators Bloodworth of the 22nd Millican of the 52nd Kennedy of the 2nd
The following bills and resolutions were read the third time and put upon their passage:
SB 185. By Senator Millican of the 52nd: A bill to provide that tax returns of pipe lines transporting petroleum or petroleum products shall be made to the state revenue commissioner 'IS now provided for public utilities; and for other purposes.
The report 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.
Senator Simmons of the 8th asked unanimous consent that SB 185 be immediately transmitted to the House and the consent was granted.
HB 256. By Messrs. Fortson of Wilkes and others: A bill to provide that persons or corporations constructing or operating pipe lines for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes.
Senator Jones of the 3rd offered the following amendment:
Amend HB 256, by striking from the first line of the title thereof the words "persons or" and by striking from the fifth line of the title thereof the words "per5ons or" and from the third line of section 1, the words "persons or" and the ninth line of section 1 the words "persons or" and by adding after the word "State" in the third line of section 3 the words "and which are domesticated in this state."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agre~d to as amended.

THURSDAY, FEBRUARY 25, 1943

591

On the passage of the bill the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed as ,,mended.
HB 235. By Messrs. Drake of Seminole and others: A bill to fix the salary of the commissioner of labor at $6,000 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others: A bill to create and establish a board to be known as agricultural and industrial board of Georgia; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that House Bill No. 16 be postponed until March 1, 1943, and the consent was granted.
Senator Stark of the 33rd asked unanimous consent that the Senate do now adjourn, and the consent was granted.
The president announced the Senate adjourned until Monday morning at 10 o'clock.

592

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Monday, March 1, 1943.
The Senate met pursuant to adjournment at 10 o'clock this mcrning and was called to order by the president.
Prayer was offered by Senator Dantzler of the 43rd.
By unanimous consent, the call of the roll \Vas dispensed with.
Senator Dantzler of the 43rd reported that the journal of Thursday'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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Considerataion of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.
The consent was granted.
Senator Atkinson of the 1st moved that the Senate reconsider its action in defeacing the following bill of the House:
HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt, Durden of Doughert.1 and others: A bill to provide entertainment on Sunday for the men in tht armed forces of the United States; and for other purposes.
On the motion to reconsider the ayes were 18, nays 17, and the bill was reconsidered and took its place at the foot of the calendar.
Senator Atkinson of the 1st asked unanimous consent that the following bill of the House be withdrawn from the Committee on Drainage, read the second time and recommitted to the Committee on Agriculture:
HB 243. By Messrs. Yawn of Dodge and others: A bill to amend the fertilizer inspection act to provide a penalty of twenty five per cent of the purchase price of fertilizer where it falls below th~ plant foods value by ten per cent or more; and for other purposes.

MONDAY, MARCH 1, 1943

593

The consent was granted.
Senator Kennedy of the 2nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Conservation, read the second time and recommitted:
HB 333. By Messrs. Dyal of Appling and others: A bill to amend section 65-203 of the code of 1933, to provide a chart!r to non-profit cooperative associations for fifty years instead of twenty; and for other purposes.
The consent was granted.
Senator Brock of the 37th asked unanimous consent that the following bill of rhe House be withdrawn from the Committee on University System of Georgia, read the second time and recommitted:
HB 165. By Messrs. Bates of Ware and Gholston of Madison: A bill to create scholarships to be given students at the Univ~rsity of Georgia school of medicine; and for other purposes.
The consent was granted.
A privileged resolution by Senator Forester of the 44th granting the privilege-; of the floor to 1\Ir. and :VIrs. Fred A. 1\Iorgan, of Dade county, was read anJ adopted.
Senator Atkinson of the 1st asked unanimous consent that the following bill b;! re-referred to the Committee on State of Republic:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond '.lf Hall and others: A bill to create and establish a board to be known as agricultural and industrial board of Georgia, to provide for the appointment and terms of office of a chairman and members of the board; and for other purposes.
The consent was granted.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 204. By Senator Boyett of the 11th: A bill to provide the terms of the commissioners of Randolph county shall run for four years and to fix their pay at $4.00 per day for each day engaged in transacting county business; and for other purposes.
Referred to Committee on Counties and County .Matters.
SB 205. By Senator Shannon of the 21st:

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JOURNAL OF THE SENATE,

A bill to amend section 105-1307 of the code of 1933 by providing a mother, or, if no mother, a father may recover for the homicide of a child, mino1 or sui juris, unless said child shall leave dependents, and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 206. By Senator Atkinson of the 1st: A bill to provide for a change in the salary of the woman baliff of the Chatham superior court; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 207. By Senator Millican of the 52nd: A bill to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 208. By Senator Harrison of the 17th: A bill to remove the limit on the salary of the clerk of the ccunty commis sioners and dispense with publication of quarterly reports in Jenkins county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 209. By Senator Harrison of the 17th: A bill to abolish the city court of Millen and provide for the disposition of all cases and proceedings pending therein; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 210. By Senator Harrison of the 17th: A bill to establish the city court of Millen; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers; and for other purposes.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
resolution of the House to wit:

MONDAY, MARCH 1, 1943

595

HR 140. By Mr. Durden of Dougherty:
A resolution that the General Assembly convene in joint session in the hall of the House of Representatives at eleven o'clock: a. m. on Wednesdav, March 3, for the purpose of hearing a message from His Excellency, tht. Governor.
The House insists on its substitute to the following bill of the Senate to wit: SB 43. By Senator Millican of the 52nd:
A bill author!zing the superior courts of the state to hear and determin~ the time and place of birth of persons on petition for establishment of birth certificates, giving residence and certified copy of the judgment of court and filing with the permanent records of the state department of health; and for other purposes.
And the speaker has appointed as a conference committee, on the part of the House, the following:
Messrs. Gowen of Glynn Smith of Muscogee
McCracken of Jefferson
The House has passed by substitute by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 31. By Senator Lovett of the 16th and others:
A resolution proposing to the people of Georgia that paragraph 1, of section 9 of article 3 (Sec. 2-2001 of the code of Georgia) of the constitution be amended, and providing that members of the General Assembly shall receive $600.00 as full compensation for the complete legislative session, and for other purposes.
The House has disagreed to the Senate substitute to the following bill of th'! House to wit:
HB 67. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert, and Broome of DeKalb: A bill to fix the salary of the deputy insurance commission of the state; and for other purposes.
The House has passed by the requ1s1te constitutional majority the followinJ bills and resolutions of the Senate and House to wit:
SB 89. By Senator Brock: of the 37th:
A bill to amend an act incorporating the City of Carrollton; to provi.fe that the clerk: of the council act as a~ ex-officio marshal of the said city for the purpose of levying any fi fa; and for other purposes.

596

JOuRNAL OF THE SENATE,

SB 155. By Senator Kennedy of the 2nd: A bill to incorporate the City of Collins; and for other purposes.
SB 158. By Senator Kennedy of the 2nd: A hill to abolish the charter of the City of Collins; and for other purposes.
HB 49. By :\lr. Park of Greene: A bill to estop insurance companies to contest life insurance policies for certain grounds after the policies have been in force two years; and for other purposes.
HB 388. By .:\1essrs. Dorsey and Welsch of Cobb: A bill to amend Georgia Laws, 1937-1938, p. 156 et. seq., by amending section 11 (d) thereof to provide that municipalities, having independent school systems, may pay part of the revenue derived from taxes on intangible personal property over to said independent school systt'ms; and fo! other purposes.
HB 411. By Messrs. Durden and Smith of Dougherty: A bill to regulate the buying or selling or delivery of pecan nuts and other similar nuts in amounts exceeding the market value of five ($5.00) dollars; and for other purposes.
HB 440. By :\lessrs. Hubert, Broome, and Turner of DeKalb: A bill to create for DeKalb county a county planning commission and board of zoning appeals; and for other purposes.
HB 459. By :\1r. Thigpen of Glascock: A bill to authorize the state board of health and all other officials certifying as to birth records, unless a certified copy containing more complete information is reqtested, to issue a certificate only as to the following facts; name of child, date of birth, place of birth, color and sex; and for other purposes.
HB 517. By :\lessrs. Turner, Hubert, Broome of DeKalb: A bill to amend an act establishing a new charter for the City of Atlant:J, by extending city limits to include land in DeKalb county; and for other purposes.
HB 533. By J\tlessrs. Hooks and Rountree of Emanuel: A bill to abolish the office of tax receiver and tax collecta.r of Emanuel county; to create the office of tax commissioner; and for other purposes.
HB 534. By Mr. Bynum of Rabun:

MONDAY, MARCH 1, 1943

597

A bill to amend an act to create and establish the city court of Rabun county to provide for a referendum on the question of abolishing said court; and for other purposes.
HB 536. By Mr. Crummey of Wilcox: A bill to amend an act to incorporate the City of Abbeville; to set up a method by which candidates for offices in the City of Abbeville shall qualify; and for other purposes.
HB 537. By Mr. Woodruff. of Barrow: A bill to amend the act giving a new charter to the City of Winder; to provide that members of the board of education may have business dealings with the city; and for other purposes.
HB 540. By Mr. Crummey of Wilcox: A bill to amend an act establishing the City of Rochelle to provide that the city may assess property in rem that has not been returnee! for taxation; and for other purposes.
HB 548. By Messrs. Gilbert and Gowen of Glynn: A bill to carry into effect in the County of Glynn the provtstons of .; proposed amendment to paragraph 1, section 7, of article 6, of the constitution relating to the abolition of justices' courts and the offices of justice of the peace; and for other purposes.
HB 551. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to authorize the board of commissioners of roads and revenues of Fulton county to provide pensions to Fulton county employees, by providing a pension for the widow of Charles E. Lyle; and for other purposes.
HB 561. By Mr. Ferguson of Camden: A bill to amend an act incorporating the Town of Woodbine so as to re-define and fix the boundaries of said town; and for other purposes.
HB 563. By Mr. Overby of Stewart: A bill to amend an act to create the office of commissioner of roads anJ revenue of the County of Stewart so as to fix the salary of the clerk; and for other purposes.
HB 564. By Mr. Overby of Stewart: A bill to amend an act creating the office of disbursing clerk in Stewart county, by raising the salary of such clerk from $150.00 per annum to $500.00 per annum ; and for other purposes.
HB 569. By Mr. Bowen of Pierce:

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A bill to provide for the payment from county funds of the official bond of the sheriff of Pierce county; and for other purposes. HR 101. By Mr. Thomas of Chattooga: A resolution to authorize the budget commission to pay $350 to 0. A. Selman of Summerville for past due rent at time the Chattooga County Bank was liquidated; and for other purposes.
The following bills and resolutions of the House were read the first time an.i referred to committees: HB 49. By Mr. Park of Greene:
A bill to estop insurance companies to contest life insurance policies for certain grounds after the policies have been in force two years ; and for other purposes.
Referred to Committee in Insurance.
HB 388. By Messrs. Dorsey and Welsch of Cobb: A bill to amend Georgia Laws, 1937-1938, p. 156, by amending section 11 (d) thereof to provide that municipalities, having independent school systems, may pay part of the revenue derived from taxes on intangible personal property; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 411. My Messrs. Durden and Smith of Dougherty: A bill to regulate the buying or selling or delivery of pecan nuts and other similar nuts in amounts exceeding the market value at $5.00 at one time; and for other purposes.
Referred to Committee on Agriculture.
HB 440. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to create and establish for DeKalb county a county planning commission and board of zoning appeals; and for other purposes.
Referred to Committee on Counties and County Matters. HB 459. By Mr. Thigpen of Glascock:
A bill to authorize the state board of health and all other officials certifying as to birth records, unless a certified copy containing more complete information is requested, to issue a certificate only as to the following facts: name of child, date of birth, place of birth, color and sex; and for other purposes. Referred to Committee on Hygiene and Sanitation.
HB 517. By Messrs. Turner, Hubert, Broome of DeKalb: A bill to amend an act establishing a new charter for the City of Atlanta

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599

by extending the city limits to include land in DeKalb county; and for other purposes.
Referred to Committee on Municipal Government.
HB 533. By Messrs. Hooks and Rountree of Emanuel: A bill to abolish the offices of tax receiver and tax collector and create the office of tax commissioner of Emanuel county; and for other purposes. Referred to Committee on Counties and County Matters.
HB 534. By Mr. Bynum of Rabun: A bill to provide for a referendum on the question of abolishing the city court of Rabun county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 536. By Mr. Crummey of Wilcox: A bill to amend the charter of the City of Abbeville, to provide how candidates for office shall qualify; and for other purposes.
Referred to Committee on Municipal Government.
HB 537. By Mr. Woodruff of Barrow: A bill to amend the charter of the City of Winder to provide members of the board of education can have business dealings with the city; and fot other purposes.
Referred to Committee on Municipal Government.
HB 540. By Mr. Crummey of Wilcox: A bill to amend the charter of the City of Rochelle to provide the city may assess property in rem, to authorize the marshal to place the purchaser of the tax deed in possession of property; and for other purposes. Referred to Committee on Municipal Government.
HB 548. By Messrs. Gilbert and Gowen of Glynn: A bill to carry into effect the proposed amendment to the constitution abolishing justices' courts in Glynn county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 551. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to amend the pension act covering Fulton county employees to provide a pension to Mrs. Charles E. Lyle; and for other purposes. Referred to Committee on Counties and County Matters.
HB 561. By Mr. Ferguson of Camden:

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A bill to amend an act incorporating the Town of Woodbine so as t(} re-define and fix the boundaries of said town; and for other purposes.
Referred to Committee on Municipal Government.
HB 563. By Mr. Overby of Sewart: A bill to amend an act creating the office of comm1sswner of roads and revenue of the County of Stewart so as to fix the salary of the clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 564. By Mr. Overby of Stewart: A bill to amend an act creating the office of disbursing clerk in Stewart county by raising the salary of such clerk to $500.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 569. By Mr. Bowen of Pierce: A bill to provide for the payment from county funds of th<~ official bond of the sheriff of Pierce county; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 101. By l\Ir. Thomas of Chattooga: A resolution to authorize the budget commission to pay $350 to Dr. 0. A_ Selman of Summerville for past due rent at time the Chattooga County Bank was liquidated; and for other purposes.
Referred to Committee on Banks and Banking.
Mr. Atkinson of the 1st District, Chairman of the Committee on Drainage, submitted the following report: Mr. President:
Your Committee on Drainage have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 87. Do Pass by substitute
Respectfully submitted, Atkinson, of 1st di~trict, Chairman.
Mr. Fester of the 40th District, Chairman of the Committee on Agriculture, submitted the following report:

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601

1.1 r. President:
Your Committee on Agriculture 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:
SR 57. Do Pass
Respectfully submitted,
Foster, of 40th district, Chairman.

:\1r. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:
l\1 r. President:

Your Committee on Counties and County lVIatters have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same hack to the Senate with the following recommendations:
SB 178. Do Pass

SB 203. Do Pass

HB 546. Do Pass

HB 438. Do Pass

HB 550. Do Pass

HB 529. Do Pass

HB 530. Do Pass

Respectfully submitted, G. H. Moore, of 32nd district, Chairman.

Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President:
Your Committee on Engrossing have read and examined the tollowing bills and/or 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:
SR 61
SB 182
SB 148
SB 151

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SB 176

SB 175

SB 152

SB 105

SB 106 SB 147

SB 177

SB 179

SR 47

SR 50

SR 51

SR 52

SB 185

SB 166

Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.

Mr. Arnold of the 26th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 200. Do Pass

SB 202. Do Pass as amended Respectfully submitted, Arnold, of 26th district, Chairman.
Mr. Atkinson of the 1st District, Vice Chairman of the Committt-e on State of Republic, submitted the following report: Mr. President:
Your Committee on State of Republic have had under consideratiOn the follow

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603

ing bill of the House and have instructed me as Vice Chairman, to report the same back to the Senate with the following recommendations:
HB 16. As Amended Respectfully submitted, Atkinson, of 1st district, Vice Chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time.
SB 178. By Senator Millican of the 52nd: A bill to amend an act to establish a new charter for the City of Atlanta relative to city departments of law; and for other purposes.
SB 200. By Senator Lovett of the 16th: A biii to amend an act amending the banking act to provide for verification of certain individual accounts of banks by bank examiners; and for other purposes.
SB 202. By Senator Arnold of the 26th: A bill to amend the banking laws regarding director's examinations; and for other purposes.
SB 203. By Senator Millican of the 52nd: A bill to prescribe the place where electors shall vote in counties having a population of 200,000 or more; and for other purposes.
SR 57. By Senators Atkinson of the 1st and Williamas of the 5th: A resolution to request Congress to direct United States engineers or othtr competent authority to investigate and study deep water marketing facilities for agricultural products; and for other purposes.
HB 87. By Mr. Woodruff of Barrow: A bill to prohibit the sale of horse and dog meat for human consumption in the state; and for other purposes.
HB 529. By Mr. Wells of Ben Hill: A bill to amend the act creating the office of commissioners of roads and revenues in and for Ben Hill county, and providing that said commission shall have the right to name one of its members as special road supervisor; and for other purposes.
HB 530. By Mr. Wells of Ben Hill: A bill to amend an act creating a county depository for Ben Hill county

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JOURNAL OF THE SENATE,

so as to provide that said county depository shall have right to cash anrl pay all warrants; and for other purposes.
HB 438. By Messrs. Hubert, Broome, and Turner of DeKalb: A bill to provide a salary for the official court reporter of the Stone Mountain judicial circuit; to provide for collection and disposition of fees for reporting services rendered by such reporter; and for other purposes.
HB 546. By Mr. Dorsey of Cobb: A bill authorizing the commissioner and advisory board of Cobb county to fix the compensation of the treasurer of Cobb county; and for other purposes.
HB 550. By Messrs. Smith and Roughton of Washington: A bill to reduce the bond of the sheriff of Washington county from $10,000.00 to $5,000.00; and for other purposes.
The following local uncontested bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 197. By Senator Kaigler of the 12th: A bill to abolish the county court of Quitman and re-establish a county court of Quitman county; and for other purposes.
The report of the committee, which was favorable to the passage of the bilL was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 464. By Mr. Anderson of Wayne: A bill to authorize the Governor to deed to Wayne county certain tracts ot land donated by Wayne county to the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bil!, 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.
HB 472. By Messrs. Dorsey and Welsch of Cobb: A bill to amend the charter of the City of Marietta to extend the corpora~e limits; 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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605

On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed. HB 481. By Mr. Durden of Dougherty:
A bill to amend the charter of the City of Albany to empower the city to own and operate a transportation system to operate within the city and four miles beyond the city limits; and for other purposes.
The report of the committee, which was favorable to the passag-e 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.
HB 486. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: A bill to amend the charter of the City of Hapeville; to authorize zoning ordinances; and for other purposes.
The report of the committee, which was favorable to the pass7ge 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.
HB 500. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to abolish the civil service commission 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 501. By 'Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend the charter of the city council of Augusta so as to provide for a civil service 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 502. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to amend the charter of the city council of Augusta to provide for recall to duty of any employee who may have retired under the various pensions 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed. The following resolution was read and adopted:
HR 140. By Mr. Durden of Dougherty:
A resolution that the General Assembly convene in joint session in the hall of the House of Representatives at 11 o'clock a. m. Wednesday, March 3, 1943 for the purpose of hearing a message from His Excellency, the Governor.
Mr. Boyett of the 11th 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/or 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 Governor:
SB 55
Respectfully submitted, R. L. Boyett, of 11th district, Chairman.
The following bills and resolutions were read the third time and put upon their passage:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others:
A bill to create and establish a board to be known as agricultural and industrial board of Georgia ; to provide for the appointment and terms of office of a chairman and members of the board; and for other purposes.
The Committee on State of Republic offered the following amendment:
The Committee of the Senate on State of Republic moves to amend HB 16 by striking section 1 in its entirety and substituting a new section to be known as section 1 to read as follows:
"Section 1. A Board known as the Agricultural and Industrial Development Board of Georgia is hereby created. The Board shall consist of 21 members. The

MONDAY, MARCH 1, 1943

f:IJ7

members shall be: The Chairman of the Board of Regents of the University System of Georgia or a member of the Board of Regents designated by the Chairman, the State Superintendent of Schools, The Commissioner of Agriculture, the Director of Public Health, The Head of the Department of Conservation, The Chairman Ex-Officio, and 15 citizens from the State at Large appointed by the Governor. In making said appointments the Governor shall select citizens who are fairly representative of the fields of finance, industry, business, agriculture and labor. One of the members shall be appointed Chairman of the Board by the Governor. The Governor shall fill vacancies for unexpired terms by appointment."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays l.
The bill, having received the requisite constitutional majority, was passed u amended.
HB 33. By Mr. Weaver of Bibb: A bill to provide for the sale and transfer by guardiar.s, administrators, executors, trustees and other fiduciaries of notes and other evidence of indebtedness; and for other purposes.
The president asked unanimous consent that HB 33 be tabled and the consent was granted.
HB 91. By Mr. Sheppard of Heard: A bill to provide that members of county boards of education may be paid a per diem not to exceed $5.00 for each days actual service; and for other purposes.
Senator Bloodworth of the 22nd offered the following amendment: Amend HB 91, by striking from line 8 of section 1, the words and figures 300,000 and inserting in lieu thereof the figures 80,000.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 140. By Messrs. Davis of Dooly, Allison of Gwinnett and others:

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JOURNAL OF THE SENATE,

A bill to authorize the destruction of records of the various departments of the state upon a finding ~y the secretary of state and the state librarian, approved by the Governor; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that further action on HB 14{), be postponed until March 2, 1943, and the consent was granted.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton: A bill to amend section 49-103 of the code of 1933 entitled "testamentary guardian; appointment, bond, and dismissal," and for other purposes.
The president asked unanimous consent that further action on HB 205 be postponed until March 2, 1943, and the consent was granted.
HB 206. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton: A bill to amend chapter 53-5 of the code of 1933, by providing the husband shall not be entitled to receive the earnings of his wife: and for other purposes.
The report 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.
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn and others: A bill to supersede the title insurance act approved March 21, 1939, and to define the business of title insurance; and for other purposes.
Senator Dean of the 34th asked unanimous consent that further action on HB 307 be postponed until March 3, 1943, and the consent was granted.
The president asked unanimous consent that the following bill of the House be recommitted to the Committee on Game and Fish.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia, McNall of Chatham: A bill to regulate the sale and distribution of hunting and fishing licenses; and for other purposes.
The consent was granted.
The following bills and resolutions were read the third time. and put upon their passage :
HB 296. By Messrs. Weaver of Bibb and Key of Jasper:

MONDAY, MARCH 1, 1943

609

A bill making it unlawful to kill, injure, or detain any racing or homing, or carrier pigeon; and for other purposes.
The report 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.
HR 75. By Mr. Brewton of Evans: A resolution authorizing the Governor to convey a certain tract of land located in Claxton to be developed for the use of the farmers of that area; 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 27, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 339. By Messrs. MeN all of Chatham, Ferguson of Camden, Gowen of Glynn, and others: A bill to regulate and control the planting, growing, gathering of oysters in the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 387. By Messrs. Allison of Gwinnett, Moore of Baldwin, and others: A bill to abolish the state library commission and to transfer its functions and services to the state board of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 76. By Mr. Boynton of Union: A resolution proposing that upon the payment of $1.00 to state department

610

JOURNAL OF THE SENATE,

of natural resources, division of state parks, historic sites and monuments by Union county that certain lands be reconveyed to Union county in fee simple; 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, WlS adopted.
HR 138. By Messrs. Mims of Miller, Drake of Seminole, Gillis of Treutlen, Riddlespurger of Colquitt and Burton of Lee:
A resolution urging the secretary of agriculture to readjust the peanut program as announced for 1943, so as to include in minimum price such incentive payments as have heretofore been contemplated; 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.
SB 171. By Senator Millican of the 52nd: A bill to amend. title 25, chapter 25-1 of the code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks, and shall pay the same taxes provided for other property held by individuals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd asked unanimous consent that SB 171 be imme-
, diately transmitted to the House and the consent was granted.
Senator Atkinson of the 1st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, MARCH 2, 1943

611

Senate Chamber, Atlanta, Georgia.

Tuesday, March 2, 1943.

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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.

The consent was granted.

The following communication was read by the secretary:

Department of Revenue State of Georgia Atlanta
Mr. Henry W. Nevin, Secretary, The State Senate, State Capitol, Atlanta, Georgia.

March 1, 1943.

Dear Mr. Nevin:
Pursuant to your request by resolution of the State Senate, I am today extending the date of filing income tax returns by Senators, Officers and Attaches of the Senate for a period of 30 days from March 15, 1943. I am glad to grant this request.

With kind regards, I am

Cordially yours,
J. Eugene Cook,
Commissioner.

612

JOURNAL OF THE SENATE,

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 211. By Senator Millican of the 52nd:
A bill to regulate the sale of admission tickets to athletic contests of the colleges in the university system of Georgia to prevent scalping; and for other purposes.
Referred to Committee on University System of Georgia.

SB 212. By Senator Gross of the 31st: A bill to provide for the holding of four terms each year of Stephens superior court; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 213. By Senators Pittman of the 42nd, Whitworth of the 38th, Foster of the 40th, and Bloodworth of the 22nd:
A bill to direct the secretary of the state to license all persons who have practiced naturopathy in Georgia for three years and who are licensed to practice in South Carolina; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 214. By Senators Simmons of the 8th, Estes of the 35th, Arnall of the 36th, Millican of the 52nd and Williams of the 5th:
A bill making legal in the state any foods subject to and complying with the federal food, drug and cosmetic act; and for other purposes.
Referred to Commttee on Hygiene and Sanitation.

SR 62.

By Senators Kimbrough of the 25th, Simmons of the 8th, Byrd of the 48th, Forester of the 44th, Lovett of the 16th, Shannon of the 21st, Lester of the 18th, Peterson of the 15th, Clements of the 9th, Newton of the 47rh, Arnold of the 26th, Pittman of the 42nd, Griner of the 45th, Raynor of the 4th, Moore of the 32nd, Cooper of the 14th, Jones of the 3rd, and Bloodworth of the 23rd:
A resolution authorizing R. F. Burch, former commissioner of natural resources, to sue the state in the courts to determine the legality of his claim for eighteen months salary during the time he was removed from office ; and for other purposes.

Referred to Committee on State of Republic.

SR 63. By Senators Gross of the 31st, Atkinson of the 1st, Terrell of the 19th,

Harrison of the 17th, Bloodworth of the 22nd, Ennis of the 20th, Millican

of the 52nd, Ansley of the lOth, Williams of the 5th, and Simmons of

the 8th:



TUESDAY, MARCH 2, 1943

613

A resolution to provide for a commission to draft a new constitution to be submitted to the next General Assembly; and for other purposes.
Referred to Committee on Amendments to the Constitution.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills
ot the Senate to wit:
SB 16. By Senators Ennis of the 20th, Lester of the 18th and others: A bill providing for fresh pursuit by military forces and authorizing this state to cooperate with other states therein; and for other purposes.
SB 18. By Senators Dean of the 34th, Ennis of the 20th and others: 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.
SB 119. By Senators Millican of the 52nd and Pope of the 7th and others: A bill to provide for confirmation by the Senate of appointees of the Governor to boards, commissions, bureaus and other public offices; and for other purposes.
SB 156. By Senator Gross of the 31st: A bill to propose an amendment to article 7, section 2, paragraph 11, of the constitution so as to exempt from ad valorem and intangibles taxes in Georgia the common voting stock of a subsidiary corporation when a least 90% thereof is held by a Georgia corporation; and for other purposes.
SB 172. By Senator Pittman of the 42nd: A bill to repeal an act to establish a city court in the County of Bartow; and for other purposes.
The House has passed as amended by the requisite constitutional majority the fdlowing bills of the Senate to wit:
SB 126. By Senators Gross of the 31st, Atkinson of the 1st, and Millican of the 52nd: A bill to amend section 24-102 of the code of 1933 so as to provide that no judicial officer shall be disqualified from sitting in any cause or proceeding because of being a policy holder or being related to a policy holder of a mutual insurance company which has no capital stock; and for oth.!r purposes.

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JOURNAL OF THE SENATE,

The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 477. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to amend an act to provide that cities having a population of 150,000 by the United States census of 1920 shall furnish aid, relief and pensions to various employees; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 133. By Messrs. Allison of Gwinnett, Burnside of McDuffie and Harris of Richmond:
A bill to equalize and levy an occupation tax on insurance agents, solicitors, sub-agents, managers, assistant managers, superintendents, and assistant superintendents, by whatever name they may be designated; to levy a premium tax on insurance' companies doing business in this state; and for otlier purposes.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper: A bill to amend section 5-1104 of the code of 1933 relating to the sale of fertilizer or fertilizer material and to the registration of same with th'~ commissioner of agriculture ; and for other purposes.
HB 567. By Mr. Crummey of Wilcox:
A bill to repeal an act to abolish the office of county treasurer of Wilcox county; to designate a depository for said county; and for other purposes.
HB 571. By Mr. Gholston of Madison:
A bill to repeal an act to establish a city court of Danielsville; and for otherpurposes.
HB 575. By Mr. Yawn of Dodge: A bill to amend an act to create the office of commissioner of roads and revenues in and for Dodge county; to provide for auditing the books of county officials; and for other purposes.
HB 582. By Mr. Minchew of Atkinson:
A bill to abolish the office of tax receiver and tax collector of Atkinson county; to create the office of tax commissioner; and for othe1 purposes.
HR 144. By Messrs. Bynum of Rabun and Dunn of Lamar:
A resolution accepting the invitation of Hon. Wiley Moore, to a barbecueto be had at a suitable time.
The following bills and resolutions of the House were read the first time and referred to committees:

TUESDAY, MARCH 2, 1943

615

HB 133. By Messrs. Allison of Gwinnett, Burnside of McDuffy and Harris of Richmond: A bill to levy a $5.00 fee against each insurance company for every agent, solicitor, sub-agent, manager, assistant manager, superintendent, or assistant superintendent and to levy a premium tax of one and one-half per cent; and for other purposes. Referred to Committee on Finance.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper: A bill to amend the act relating to the sale of fertilizer or fertilizer material to provide for the registration and method of reporting; and for other purposes.
Referred to Committee on Agriculture.
HB 567. By Mr. Crummey of Wilcox: A bill to repeal an act to abolish the office of county treasurer of Wilcox county; to designate a depository for said county; and for other purposes.
Referred to Committee on Counties md County Matters.
HB 571. By Mr. Gholston of Madison: A bill to repeal the act creating the city court of Danielsville; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 575. By Mr. Yawn of Dodge: A bill to require the commissioner of Dodge county to emrloy a certified public accountant annually to audit the books of various county officials; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 582. By Mr. Minchew of Atkinson: A bill to abolish the offices of tax receiver and tax collector of Atkinson county and to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Hollis of the 24th 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/or 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:
SB 116

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JOURNAL OF THE SENATE,

SB 184 SB 171

Respectfully submitted, M. R. Hollis, of 24th district, Chairman.

Mr. Terrell of the 19th 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 cot>sideration 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:

SB 189. Do Pass

HB 455. Do Pass

Respectfully submitted,

Terrell of 19th district, Chairman.

Mr. Atkinson of the 1st District, Vice-Chairman of the Committee on Amendments to Constitution, submitted the following report:

~lr. President:
Your Committee on Amendments to Constitution have had under consideration the following resolutions of the House and Senate and have instructed me as Vice Chairman, to report the same back to the Senate with the following recommendations:

SB 180. Do Pass

HR 68. Do Pass

Respectfully submitted,
Atkinson, of 1st district, Vice-Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:

.Your Committee on Finance .have had under consideration the following bills of

the House .and Senate and have instructed me as Chairman, to reoort the same back

to the Senate with the following recommendations:

-

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TUESDAY, MARCH 2, 1943

617

HB 419. Do Pass as amended

HB 521. Do Pass

HB 118. Do Pass

SB 201. Do Pass by substitute

Respectfully submitted, Simmons, of 8th district, Chairman.

Mr. Cooper of the 14th District, Chairman of the Committee on Public Librar~, submitted the following report:

Mr. President:
Your Committee on Public Library have had under consideration the following tesolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HR 94. Do Pass

Respectfully submitted, R. T. Cooper, of 14th district, Chairman.

Mr. Hampton of the 41st 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recomm.sndaticns:
HB 19. Do Pass as amended

HB 136. Do Pass

HB 137. Do Pass

HB 139. Do Pass

Respectfully submitted, Hampton, of 41st district, Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back: to the Senate with the following recommendations:

HB 561. Do Pass

HB 536. Do Pass

HB 540. Do Pass

HB 537. Do Pass

HB 517. Do Pass

Respectfully submitted, R. A. Ingram, of 51st district, Chairman.

Mr. Dean of the 34th District, Chairman of the Committee on Industrial Rehtions, submitted the following report:

Mr. President:
Your Committee on Industrial Relations have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back: to the Senate with the following recommendations:

SB 192. Do Pass

Respectfully submitted, Dean, of 34th district, Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties anti 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, t.J report the same back: to the Senate with the following recommendations:

HB 569. Do Pass

HB 440. Do Pass

HB 533. Do Pass

HB 548. Do Pass

HB 564. Do Pass

HB 563. Do Pass

TUESDAY, MARCH 2, 1943

619

HB 462. Do Pass by substitute

SB 207. Do Pass

SB 204. Do Pass

SB 206. Do Pass

SB 208. Do Pass

SB 209. Do Pass

Respectfully submitted,

G. H. Moore, of 32nd district, Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government have had under consideration thl'
following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 448. Do Pass by substitute
Respectfully submitted, R. A. Ingram, of 51st district, Chairman.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Harrison of the 17th and Pope of the 7th:
A bill proposing an amendment to article 4, section 2 of the constitution, to provide for the public service commission, its membership, election, terms of office, powers and duties; and for other purposes.

SB 201. By Senator Williams of the 5th:
A bill to amend the act known as the intangibles tax act, to reduce the tax from $1.50 to $1.00 per $1,000.00 for fair market value of obligations insured by the federal housing administration; and for other purposes.
SB 204. By Senator Boyett of the 11th:
A bill to provide the terms of the commissioners of Randolph county shall run for four years and to fix their pay at $4.00 per day for each day engaged in transacting county business; and for other purposes.

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JOURNAL OF THE SENATE,

SB 206. By Senator Atkinson of the 1st: A bill to provide for a change in the salary of the woman baliff of the Chatham superior court; and for other purposes.
SB 207. By Senator Millican of the 52nd: A bill to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
SB 208. By Senator Harrison of the 17th: A bill to remove the limit on the salary of the clerk of the county commi5sioners and dispense with publication of quarterly reports in Jenkins county; and for other purposes.
SB 209. By Senator Harrison of the 17th: A bill to abolish the city court of Millen and provide for the disposition of all cases and proceedings pending therein; and for other purposes.
HB 19. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to amend Chapter 84-10 of the code of 1933 relating to the qualifications, examination and licensing of dental nurses of hygienists; and for other purposes.
HB 118. By Messrs. Smith and Durden of Dougherty: A bill to amend section 92-2104 of the code of 1933, which reads as follow-;: "Miniature pool tables. Each person, firm, or corporation operating a miniature pool table", to fix the tax on such tables; and for other purposes.
HB 136. By Mr. Looper of Dawson: A bill to prevent syphilis in the unborn child; to require everv physician or other persons permitted by law to attend pregnant women to take a specimen of blood for laboratory test; and for other purposes.
HB 137. By Mr. Looper of Dawson: A bill to penalize any person who shall knowingly receive another into any house, building, place or other structure for the purpose of prostitution, lewdness, or assignation; and for other purposes.
HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam and others: A bill to authorize the state board of health to acquire such laboratories and hospitals or other property necessary to carry out the public health program in this state; and for other purposes.
HB 419. By Messrs. Price and Hill of Clarke:

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TUESDAY, MARCH 2, 1943

621

A bill to amend the homestead exemption tax law to include exemptions " for persons in the armed forces; and for other purposes.
HB 440. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to create a DeKalb county planning commission and a board of zonin~
. appeals; and for other purposes.
HB 448. By Messrs. Alexander, Grayson and McNall of Chatham: A bill to amend the several acts incorporating the mayor and councilmen of Tybee, Savannah Beach, to authorize them to operate a sanitary sewerage system; and for other purposes.
HB 455. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to provide for joint control with any surety of money or secunt1es or other assets by any administrator, executor, guardian, trustee or other fiduciary for whom a bond is required; and for other purposes.
HB 517. By Messrs. Turner, Hubert, Broome of DeKalb:
A bill to amend an act establishing a new charter for the City of Atlanta, 'relative to Brantley and Doby property in DeKalb county; and for other purposes.
HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell: A bill to authorize the deduction of amortization for emergency or war facilities from gross income in computing income taxes for the state; and for other purposes.
HB 533. By Messrs. Hooks and Rountree of Emanuel: A bill to abolish the offices of tax receiver and tax collector and create the office of tax commissioner of Emanuel county; and for other purposes.
HB 536. By Mr. Crummey of Wilcox: A bill to amend the charter of the City of Abbeville to prov:de how candidates for office shall qualify; and for other purposes.
HB 537. By Mr. Woodruff of Barrow:
A bill to amend the charter of the City of Winder to provide members of the board of education can. have business dealings with thf' city; and for other purposes.
HB 540. BY Mr. Crummey of Wilcox:
A bill to amend the charter of the City of Rochelle to !lrovide the city may assess property in rem; to authorize the marshal to place thf." purchaser of a tax deed in possession of property; and for other purposes.

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JOURNAL OF THE SENATE,

HB 548. By Messrs. Gilbert and Gowen of Glynn: A bill to carry into effect the proposed amendment to the constitution abolishing justices' courts in Glynn county; and for other purposes.
HB 561. By Mr. Ferguson of Camden: A bill to amend an act incorporating the Town of Woodbine so as to re-define the city limits; and for other purposes.
HB 563. By Mr. Overby of Stewart: A bill to amend an act creating the office of commiSSioner of roads and revenue of the County of Stewart so as to fix the salary of the clerk; and for other purposes.
H8 564. By Mr: Overby of Stewart: A bill to amend an act creating the office of disbursing clerk in Stewart county, by raising the salary of such clerk to $500 per annum; and for other purposes.
HB 569. By Mr. Bowen of Pierce: A bill to provide for the payment from county funds of the official bond of the sheriff of Pierce county; and for other purposes.
HR 68. By Messrs. Durden of Dougherty, Culpepper of Fayette and Harris of Richmond: A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution by providing that revenue anticipating obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes.
A sealed communication was received from His Excellency, the Governor, through Honorable M. E. Thompson, executive secretary.
The following local uncontested bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 178. By Senator Millican of the 52nd: A bill to amend an act entitled an act to establish a new charter for the
City of Atlanta relative to city department of law; and for other purposes.
The report of the committee, which was favorable to the passag~ of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, havin~r receind the requisite constitutional majority, was passed.

TUESDAY, MARCH 2, 1943

623

SB 203; By Senator Millican of the 52nd: A bill to prescribe the place where electors shall vote 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 529. By Mr. Wells of Ben Hill: A bill to amend the act creating the office of commissioflers of roads and revenues for Ben Hill county, by providing that said commission shall have the right to name one of its members as special road supervisor; and for other purposes.
The report of the committee, which was favor!lble 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.
HB 530. By Mr. Wells of Ben Hill: A bill to amend an act creating a county depository for the County of Ben Hill so as to provide that said county depositor shall have the right to cash and pay all warrants; and for other purposes.
The report 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. HB 546. By Mr. Dorsey of Cobb:
A bill to authorize the commissioner and the advisory board of Coho county to fix the compensation of the treasurer of Cobb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 550. By Messrs. Smith and Roughton of Washin~ton:

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JOURNAL OF THE SENATE,

A bill to reduce the bond of the sheriff of Washington county from $10,000 to $5,000; 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 30, nays 0.

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

HB 462. By Messrs. Smith and Reid of Carroll:
A bill to create a board of commissioners of roads and revenues for the County Q/: Carroll; and for other purposes.

The Committee on Counties and County Matters offered the following substitute:
An Act to create a Board of Commissioners of Roads anrl Revenues for the County of Carroll; to provide for election of members thereof; to provide for referendum; to define their powers and duties; to provide for an Executive Director or Clerk and define his powers and duties; to fix the salary of members of said board and the Executive Director or Clerk; t-:~ repeal all laws in conflict herewith, 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 on Tuesday after the first Monday in August or at such time a~ the general election is held the Ordinary of Carroll County shall submit for the approval of the voters of said County a prop~sal as to whether Carroll County shall
have one or three Commissioners of Roads and Revenues. In case there is no general
election in 1943, the Ordinary shall call a special election to be held on Tuesday after
the first Monday in September, 1943. He shall have ballots prepared which will read,

"l favor one commissioner" and "I favor three commissioners." In the case :t majority of the voters voting in this election cast their ballots for three commissioners this Bill will be in effect; however, if a majority of the voters of Carroll County favor one commissioner this Bill is void and of no effect.

Section 2. That a Board of Commissioners of Roads and Revenues for County of Carroll, to consist of three members, is hereby created.

dr Section 3. Be it further enacted, that qualifications to hold this office offices
shall be the same as applies to other county officers. No two persons shall be eligible

to be elected to or hold office of commissioner of Carroll County during same term

from any one militia district of said County. In the event there are two or more

candidate$ .for .this office residing .in one militia district of said County, of tlw candi-

dates of such district only the candidate receiving the highest number of votes in the

election shall be declared elected'.

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TUESDAY, MARCH 2, 1943

625

Section 4. Be it further enacted that at the time the election is held in County of Carroll for election of County officers beginning with the year 1944 there shall be elected the three commissioners as provided for in this Act. The three candidates for said office receiving the highest number of votes in said election shall hold the office for a term of four years, beginning January 1, 1945, and until their successors in office are elected and qualified. All of said commissioners shall be elected by voters of Carroll County as a whole.
Section 5. Be it further enacted that should a vacancy occur in membership of said board by death, resignation, or otherwise, the majority of other members of said board shall elect his successor for the residue of the term of such commissioner, provided that such successor shall be a resident of a militia district not then having a !<:presentative on said board and shall be approved in writing by Ordinary of Carroll County, such election by the board and approval by the Ordinary to be spread upon the minutes of the board. Provided further that should the said board fail to agree upon any one to fill said vacancy, or fail to agree upon a person who meets the approval of said Ordinary, then the Ordinary of Carroll County shall within thirty days call a special election to be held within not less than sixty days to fill said v;;cancy, said election to be held as provided by law for holding special election~.
Section 6. Be it further enacted that before entering upon their duties as commissioners, each commissioner shall take and subscribe to an oath for the faithful performance of their duties as commissioners, which said oath shall l:e taken before the Ordinary of said County or Judge of Superior Court of said County, and i1 alldition thereto each of said commissioners shall give bond with good security thereon, approved by Ordinary of said County, in the sum of $2,000 payable to Ordinary of said County and his successors in office, conditioned upon the faithful discharge of his duties as commissioner.
Section 7. Be it further enacted that regular meetings of the Board of Com missioners of Roads and Revenues as herein provided shall be held at the Courthouse of Carroll County once a month on the first Tuesday in each month beginning with first ~eeting on first Tuesday in January, 1945. Special meetings may be held at the call of Executive Director or Clerk herein provided for, who shall call same upon his own initiative when county matters require, or when requested to do so in writing by any three members of said board, provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meetings and assenting thereto, or in event any one or more commissioners absent, their waiver of such notice in writing. Notations of assent ani waiver to be spread upon minutes of such meeting.
Section 8. Be it further enacted that at the first meeting of members of said board, or at not later than second meeting of same and at first or second meeting of said board every two years thereafter, said board shall elect a person to serve as Executive Director or Clerk of said Board of Commissioners of Roads and Revenues of Carroll County. These two offices to be held by one person so elected. Said Executive Director or Clerk shall be elected from among the members of said board,

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JOURNAL OF THE SENATE,

or the board may, if in its discretion it deem.s best, elect to such office a person not a member of said board. To be eligible to hold said office of Executive Director or Clerk, the person as elected shall not be less than 25 years of age, have had experience in keeping books and records, and in practical business. He shall be so elected for a term of two years and his office shall not be declared vacant or his salary reduced during his term of office except by affirmative vote of members of entire board, and app~oval of Ordinary of said county in writing. Said vote and approval o~ Ordinary shall be spread upon minutes of the board.
Section 9. Be it further enacted that said Executive Director or Clerk shall devote his entire time to the duties of said office, and shall not hold either directly or indirectly any other salaried office or position, and shall not be engaged in any other business that requires any part of his time, shall keep office hours in offices of board of commissioners in Courthouse of Carroll County, such as are kept by Clerk of Superior Court and Ordinary of said County, and shall be available to the public in connection with affairs pertaining to the county, except such time as he is required to be out of said offices in connection with county business.
Section 10. Be it further enacted that said Executive Director or Clerk shall preside at all meetings of said board and keep minutes of same; at the close of such meeting the minues of such meeting shall be read and approved by said board, such approval being verified by signature of at least two members of the board; shall call meetings of the board as herein provided; shall before each meeting prepare in writing a list of matters pertaining to county affairs and such county matters as have been brought to his attention by citizens of the county to be brought to the attention of the board at such meeting; shall keep himself informed as to conditions of all county property and roads so as to be prepared to inform the board with respect to same and to make recommendations with respect thereto; shall at the end of each month make out list of all expenditures during the month for which warrants have been issued, and the names of to whom issued, and the amounts, which shall he presented to the board for their examination and approval and kept as permanent records of the board; it shall be his duty to keep in touch with State a'nd Fedenl authorities who have charge of roads and road buiding, to secure and keep in office of commissioners and familiarize himself with all free bulletins bearing upon th~ subject of road building, and have same available for the board; shall keep accurate records of all county affairs under jurisdiction of the board and the actings an.i doings of said board; shall keep all records herein required to be kept by said board; shall issue all county warrants and checks and make all payments approved and directed by the board, all county checks and warrants shall be countersigned by a member of the board who shall be designated by board for such purpose; shall execute iu the name of the county all bills of sale and conveyances of county property as directed by the board, and shall generally do and perform all duties of office uf chairman and clerk of a board.
Section 11. Be it further enacted that in the event said Executive Director or Clerk so elected is one of the elected commissioners he shall give a bond in the sum of $10,000 in lieu of the bond hereinbefore provided for, for each commissioner, anJ

TUESDAY, MARCH 2, 1943

627

he shall have the right and duty to vote on all matters coming before the board. In the event the person elected Executive Director or Clerk is not one of said elected commissioners he shall before entering upon the duties of his office give a bond in the sum of $10,000 conditioned for faithful performance of duties of his office and payable as hereinbefore provided for commissioners bonds, and he shall not have the right to vote on matters coming before said board.
Section 12. Be it further enacted that each member of elected board of commissioners, other than Executive Director or Clerk, shall be paid annually the sum <>f $500 to be paid in monthly or quarterly installments as said board &hall direct and said sum shall be in full compensation for services as members of said board. The Executive Director or Clerk shall be paid such salary as the board shall direct not to exceed the sum of $2400 per year, to be paid monthly. In addition he shall be paid such necessary traveling expenses as in the discretion of the Board it shall authorize and direct, not to exceed the sum of $500 per year, and only to be paid when such expenses have been incurred with the approval and at the discretior. of the board. In the event said Executive Director or Clerk is one of the elected commissioners said salary so fixed shall include and not be in addition to the compl'nsation hereinbefore provided for each commissioner.
Section 13. Be it further enacted that Board of Commissioners of Roads and Revenues is hereby vested with exclusive jurisdiction and control over the following matters, to wit: directing, controlling and caring for all property of the county according to law; levying taxes for county purposes according to law; establishing, altering or abolishing public roads, bridges and ferries in conformity to law; establishing, abolishing or changing election precincts and militia districts according to law; supervising the tax officers' books and allowing the insolvent list of said county according to law; in connection with amounts of commissions or fees claimed by Tax Collector and Tax Receiver the said board is directed to retain at least fifteen p::r cent of amount claimed until books of said officers have been audited and amount claimed found to be correct; in examining and auditing all claims and accounts of officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriations for its use and benefit, in bringing them to settlement, and especially is said board charged with frequently examining and auditing the books of county treasurer or depository, the tax collector, tax receiver, or tax commissioner, as the case may be, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pas3, and this may be done by the board itself or through certified accountants or bookkeepers employed for the purpose, and such may require from all officers, subject to examination, such reports as may be necessary to keepsaid board fully informed at all times of the financial condition of the county; controlling, caring for, managing the convicts of the county, if any, according to law, make rules and regulations and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county, with the authority to quarantine against contagious diseases and epidemics according to law; regulate and fix licen~e fees as authorized by law; to provide for and collect the commutation road tax<!s, fixing the amount to be paid in money or the number of days work to be performed

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JOURNAL OF THE SENATE,

in lieu thereof; to try all road defaulters according to law; and to have and to exercise all powers generally vested by law in the Ordinary when sitting for county purposes; to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over said county matters or county finances; select and appoint all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as superintendents and guards of convicts, if any, janitor of the court house, county physician, health officer, county nurse, road superintendent, tax assessors, county policeman, and other officers and employees as are needed and authorized by law. All appointees of said board except Executive Director or Clerk (who may be dismissed as hereinbefore provided) shall be subject to suspension or dismissal at any time and no appointee including Executive Director cr Clerk so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. In addition all of the general laws of this State applicable to the duties and powers of county commissioners, and all. of the laws of said State applicable to the working and improvement of public roads of said county except as herein otherwise provided, shall be in force in Carroll 2ounty and be .::pplicable to said board.
Section 14. Be it further enacted that said board shall kP.ep a proper and accurate book of minutes wherein shall appear all orders and proceedings had and passed with reference to county matters. The board shall keep a complete and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn on the county treasurer or the depository, for what purpose, and upon what fund. The board shall also keep a book in which shall be recorded an itemized statement of all articles or things of whatever kind purchased for the use of the county, giving the name of article, date when purchased, from whom purchased, the price paid therefor, and for which department of the county purchased and used. The board shall keep also a cash book in which shall be daily ent('red any cash item received, from whom received, and for what purpose received. The board shall keep an inventory book of all county property, including road machinery, livestock, road working tools and every other kind and class and description of property belonging to the county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year. Said books and records shall be kept so as to show at all times the financial condition of the county and shall be open to inspection of any and all citizens of Carroll County who may be desirous of seeing same.
Section 15. Be it further enacted that the said board is hereby constituted the purchasing agent for Car1oll County, provided that before purchasing any material, equipment, or supplies, exceeding the estimated value or cost of $200, it is hereby required to first publish an advertisement for bids by posting an advertisement before the court hous~ door of Carroll County for ten days and running said advertisement in the newspaper that is the official organ of said county at least one issue. The advertisement for bids in such case shall contain specifications of the articles, merchandise, supplies or equipment sought to be purchased and shall be submitted in st"aled envelopes to the board to be opened by the board in regular or special called

TUESDAY, MARCH 2, 1943

629

meeting. The board shall have privilege of rejecting all bids but if purchase is made shall purchase from the lowest and best bidder. Purchase of any material, equipment, or supplies exceeding in cost or value said amount shall not otherwise be made, unless at a regular or called meeting, as herein provided, all members of board present after being informed of facts vote to waive advertisement and bid for purchase of such material, equipment or supplies in a particular instance, and the Ordinary of the County after being fully informed of nature of material, supplies, or equipment and price of same approves the purchase without advertisement or bids, such approval to be made in writing and spread upon minutes of meeting of board.
Section 16. Be it further enacted that it shall be unlawful for said board or any member of same or Executive Director or Clerk of same to have any financial interest in the sale or purchase of any material or of any article furnished the county, or to receive any rebate, expense account, transportation or other v.1luable consider:ttion in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract by or for said county and if any commissioner or the Executive Director or Clerk shall violate any provision of this section he shall be guilty of a misdemeanor and punished as prescribed in section 27-2506 or Penal Code of 1933.
Section 17. Be it further enacted that the grand jury sitting at the first regular
term in each year shall appoint two or more auditors (or a committee) to audit the books, records, warrants, and accounts of said board of commissioners and Executive Director or Clerk thereof. Said auditors (or committee) shall have power to ex.:mine, under oath, said commissioners and Executive Director or Clerk thereof, relative to any account, item or warrant or transaction in connection with business transacted by said board, said auditors (or committee) shall perform their duties as provided herein and make a report of their findings to the Judge of Superior Court uf said county, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid for their services.
Section 18. Be it further enacted that said board of commissioners may receive contributions for the improvement of public roads, bridges or public works of the county from any person who owns property adjacent thereto, or from any other person who may be interested in the improvement of the same, or from the State Government, or from the United States Government, and such contributions when received shall be used for the improvement of same as designated by the contributor. Said board shall keep record of accounts which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and the Executive Director or Clerk shall take and file receipts for all such disbursements, and such contributions and the members of the board, the Executive Director or Clerk, and their sureties upon their official bonds shall be liable for any misapplication of such funds.
Section 19. Be it further enacted that it shall be the duty of said board to keep always in view that which will be to the greater good of the greatest number of

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JOURNAL OF THE SENATE,

citizens of Carroll County in connection with all matters and business transacted by them as a board, and this policy shall be uniformly observed by said board.
Section 20. Be it further enacted that the said board shall have the power to employ a county attorney, and shall have authority to pay such county attorney for his services, not exceeding $300 per annum, and provided also that said board shall also be authorized to employ additional legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or the service may warrant.
Section 21. Be it further enacted by the authority of the aforesaid that said board of commissioners shall prepare and publish quarterly a complete list of the warrants issued during the preceding quarter, showing the purchases made, from whom, and the amounts and a statement of all receipts during saic! quarter, showing the amounts paid out and to whom; showing the amount received llnd the balance of funds on hand; and a failure to so prepare and publish a true report at the end of each three months, beginning the count on January 1, 1945, the members of said board shall be guilty of a misdemeanor and punished as prescribed in Section 27-2506 of the Penal Code of 1933, and failure to comply with this section shall be grounds c. removal of the members of said board, or the ones responsible for the failure to so publish said report.
Section 22. Be it further enacted that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality or any part, section, provisions or clause of this Act which is not in and of itself unconstitutional and invalid, and the remaining portions of this Act shall be enforced.
Section 23. Be it further enacted that this Act shall become effective and operative immediately insofar as it provides for election of said commissioners in 1944, and that all other provisions of this Act shall become effective and operative January 1, 1945.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills and resolutions were read the third time and put upon their passage:
HR 94. By Messrs. Durden and Smith of Dougherty:
A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty county; and for other purposes.

TUESDAY, MARCH 2, 1943

631

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 27, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 58. By Senator Preston of the 27th: A resolution authorizing the state librarian to furnish certain law books to the clerk of the superior court of Walton county; and for other purposes.
Senator Preston of the 27th offered the following amendment: Amend SR 58 by striking the words "and directed" in line 3, of the resolution and inserting in lieu thereof the words "if available".
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 27, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SB 23. By Senator Bloodworth of the 22nd: A bill to declare leases of real estate for term longer than one hundred years to be grants in perpetuity; and for other purposes. Senator Bloodworth of the 22nd offered the following amendment:
Bloodworth of 22nd moves to amend SB 23 by striking the words "longer than one hundred years" from the caption and inserting in lieu thereof the words "nine hundred and ninety-nine years or longer" and by striking Section 1 of said bill and inserting a new section which shall read as follows :
"Section 1. All leases of real estate for terms of nine hundred and ninety-nine years or longer, and where unrestricted possession is delivered to the lessee and no substantial annual or other periodical rental is required to be paid at all events by the lessee, shall be held and construed to be grants in perpetuity, and the lessee shall be deemed to have acquired a fee simple title to the property so leased."
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 3.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.
HR 14. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson and others:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an Amendment of Article V of the Constitution of the State of Georgia by adding thereto a new Section and new Paragraph to be designated Paragraph I of Section IV of Article V to create a State Game and Fish Commission, a Director, and to provide for their appointment, terms of office, compensation, powers and duties; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. Upon approval of this Resolution in the manner hereinafter provided, that Article V .of the Constitution of the State of Georgia, be, and the same is, hereby amended, by adding thereto a new section and a new paragraph to be designated as Paragraph I of Section IV of Article V, and which shall read as follows:
"The control, management, restoration, conservation and regulation of the birds, game, wildlife, fur bearing animals, fresh water fish, salt water fish, shellfish and crustaceans, of the State of Georgia, and the acquisition, establishment, control and management of hatcheries, sanctuaries, refuges, reservations, and all other property now or hereafter owned or used for such purposes by the State of Georgia shall be vested in a Commission to be known as the State Game and Fish Commission. Said Commission shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, Mcintosh, Glynn or Camden. The Governor shall not be a member of such Commission. The first members of the Commission shall consist of those in office at the time this constitutional amendment is adopted, with terms provided by law. Thereafter, all succeeding appointments shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term. All members of the Commission shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and confirmation of the Senate. Any appointment, whether for a full term or to fill a vacancy, shall be effective until the same is acted upon by the Senate. The members of the Commission shall annually elect a chairman, and the members, including the chairman, shall each receive seven dollars for each day of actual attendance of meetings of the Commission at the State Capitol, and actual cost of transportation to and from the place of meeting and their homes by the nearest practicable route not to exceed five cents per mile, provided that in no one month shall any member receive more than twenty-one dollars for per diem services and/or forty dollars expenses, including transportation.
Said Commission shall have the power to acquire by purchase gift, eminent domain or otherwise, all property necessary, useful or convenient for use of the Com-

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mission, or the exercise of any of its powers hereunder, and in the event the right of eminent domain is exercised it shall be exercised in the manner as now or hereafter provided by law.
All funds resulting from the operation of the Commission and from the administration of the laws and regulations pertaining to birds, game, fur bearing animals, wildlife, fish, shellfish, crustaceans and coastal fisheries, together with all money collected or derived from licenses or special taxes pertaining thereto and any other funds specifically provided for such purposes, shall constitute the State Game and Fish Commission Fund to be used by the Commission for its operation and as it may deem proper in carrying out the provision of this Act and for no other purpose.
The Commission shall elect a Director to serve at its pleasure, who shall be the executive secretary and administrative officer of the Commission, and such Director shall have such other powers and duties now or hereafter provided by law, not inconsistent herewith, for all of which duties combined he shall receive a salary of $4,000 per annum, payable monthly.
The Director, with the approval of the Commission, shall have power to fix bag limits and to fix open and closed seasons, on a State-wide, regional or local basis, as they may find to be appropriate, and to regulate the manner and method of taking, transporting, storing and using birds, game, fur bearing animals, fish, shellfish, crustaceans, reptiles and amphibians, by rules and regulations, and prescribe penalties therefor not to exceed twelve months misdemeanor punishment and/or fine not to exceed, $1,000, which shall have the force and effect of statute, provided that the Director shall post at the Court House door of the county or counties that will be affected a complete copy of such rule or regulation certified by him and also file an additional certified copy thereof in the office of the Ordinary of the county or counties affected, at least thirty days before the effective date of such rule or regulation.
The Commission shall have the powers and duties provided by law existing at the time of the adoption of this amendment and such further powers and duties as may be hereafter provided by law, not inconsistent with this amendment. The General Assembly may enact any laws in aid of but not inconsistent with the provisions of this amendment."
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and nays" entered on their respective journals, it shall be published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.
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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Arnall

Estes

Arnold

Foster

Atkinson

Fowler

Bacon

Hampton

Bloodworth of 22nd

Harrison

Bloodworth of 23rd

Ingram

Boyett

Kaigler

Brock

Kennedy

Byrd

Kennon

Clements

Kimbrough

Cooper

Lester

Dantzler

Martin

Dean

Millican

Ennis

Those voting in the negative were Senators:

Hall

Jones

Moore Newton Oden Peterson Pittman Preston Raynor Shannon Simmons Terrell Thigpen Whitworth of 38th Williams
Stark

Not voting were Senators Ansley, Eubank, Forester, Griner, Hollis, Lovett, Pope and Whitworth.

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

On adoption of the resolution the ayes were 40, nays 3.

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

SB 33. By Senator Pittman of the 42nd:
A bill to amend an act so that all justices of the peace and notaries public, ex-officio justices may require a deposit of $2.45 in all civil cases; and for other purposes.

The Committee on General Judiciary No. 1 offered the following amendment:
Amend SB 33 by adding after the word "costs" in Section 1, in the line next to the last line thereof the words "provided when the plaintiff files an affidavit that he is unable to pay such advance costs he shall be permitted to file his suit without payment of such costs". And by adding at the end of Section 2 the following words: "When the plaintiff files an affidavit that he is unable to pay advanced costs he shall be permitted to file his suit without payment of said advance costs".
The amendment was adopted.
Senator Arnall of the 36th moved the previous question.

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635

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 12, nays 27.

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

SB 164. By Senator Kaigler of the 12th: A bill to amend an act providing for a recount of ballots in primary elections; to provide for 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, Senator Kaigler of the 12th 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:

Ansley

Hampton

Atkinson

Harrison

Bloodworth of 22nd

Ingram

Bloodworth of 23rd

Jones

Cooper

Kennedy

Dantzler

Kaiger

Dean

Kennon

Ennis

Kimbrough

Estes

Lester

Fowler

Lovett

Griner

Martin

Hall

Millican

Moore Peterson Pittman Preston Raynor Shannon Simmons Terrell Whitworth of 38th Williams

Those voting in the negative were Senators:

Arnall

Byrd

Bacon

Newton

Brock

Oden Stark

Not voting were Senators Arnold, Boyett, Clements, Eubank, Forester, Foster, Pope, Hollis, Thigpen and Whitworth of the 30th.

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

On the passage of the bill, the ayes were 34, nays 7.

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

Senator Bloodworth of the 22nd moved that the Senate insist on its amendments

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JOURNAL OF THE SENATE,

to the following bill of the House and asked that a committee on conference be appointed:
HB 306. By Mr. Dunn of Lamar:
A bill creating a board of commissioners of roads and revenues for Lamar county; and for other purposes.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators: Millican of the 52nd Ingram of the 51st Fowler of the 39th
Senator Bloodworth of the 22nd moved that the Senate insist on its amendments to the following bill of the House and asked that a committee of conference be appointed:
HB 341. By ~Ir. Dunn of Lamar:
A bill to repeal an act to create an advisory board to have charge of roads and revenues in and for the County of Lamar; and for other purposes.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators: Millican of the 52nd Ingram of the 51st Fowler of the 39th
The following bills and resolutions of the Senate were taken up for the purpose of considering House amendments and substitutes thereto:
SR 31. By Senators Lovett of the 16th and others:
A resolution proposing an amendment to article 3, section 9, paragraph 1 of the constitution to provide that members of the General Assembly shall receive $600 as full compensation for a legislative session; and for other purposes.
The House offered the following substitute:
A Resolution proposing to the people of Georgia that Paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Code of Georgia) of the Constitution be amended by striking and repealing said Par.agraph 1 and inserting in lieu thereof a new Paragraph to provide that members of the General Assembly shall receive a per diem of ten ($10.00) dollars and mileage not to exceed ten ( lOc) per mile and to fix the per diem of the President of the Senate and the Speaker of the House of Representatives, and for other purposes.

TUESDAY, MARCH 2, 1943

637

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AS FOLLOWS:
Section 1. That paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Code of Georgia) of the Constitution of Georgia be amended by striking and repealing said Paragraph 1 in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"Paragraph 1. The per diem of the members of the General Assembly shall be ten ($10.00) dollars; and mileage shall not exceed ten (lOc) cents for each mile travelled, by the nearest practicable route, in going and return from the Capitol; but the President of the Senate and the Speaker of the House of Representatives shall each receive fifteen ($15.00) dollars per day.
Section 2. That when this amendment shall have been agreed to hy 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 Act of the General Assembly approved March 24th, 1939.
Senator Lovett of the 16th moved that the Senate disagree to the House substitute and that a committee of conference be appointed, and the motion prevailed.
The president appointed as a committee of conference on the part of the Senate:
Senators: Lovett of the 16th Harrison of the 17th Arnold of the 26th
SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th and others:
A resolution proposing an amendment to article 3, section 4, paragraph 3, of the constitution to provide that the General Assembly shall convene on the second Monday in January 1945 and biennially thereafter on the same date for a sixty day session; to abolish the 10-day session; and for other purposes.
The House offered the following substitute:
Amend SB 126 by adding a new section to be appropriately numbered as follows: Nothing in this act shall be construed as applying to the qualifications of trial jurors.
A RESOLUTION
Proposing to the people of Georgia an amendment to Article III, Section IV of the Constitution of Georgia, providing for sessions of the General Assembly.

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BE IT RESOLVED, by the General Assembly of Georgia:
Section 1. The General Assembly of Georgia proposes to the people of Georgia that Article III, Section IV of the Constitution ~-f Georgia be amended by striking all of paragraph III of said Article and section and inserting in lieu thereof a new paragraph III, as follows:
"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected, to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session no longer than eighty (80) days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of eighty days without fixing a date for reconvening, the General Assembly shall reconvene in regular session on the second Monday in January of the next year. All business pending in the House or Senate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as provided in Article V, Section I, Paragraph XIII of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."
Section 2. 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 he 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.
Senator Lovett of the 16th moved that the Senate disagree to the House substi tute and that a committee of conference be appointed, and the motion prevailed.
The president appointed as a committee of conference on the part of the Senate:
Senators: Lovett of the 16th Harrison of the 17th Arnold of the 26th
SB 126. By Senators Gross of the 31st, Atkinson of the 1st, and Millican of the 52nd:
A bill to provide that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder in any mutual insurance company; and for other purposes.

TUESDAY, MARCH 2, 1943

639

The House offered the following amendment:
Senator Millican of the 52nd moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 35, nays 0, and the amendment was agreed to.
The following resolution was read and adopted:
HR 144. By Messrs. Bynum of Rabun and Dunn of Lamar: A resolution accepting the invitation of Honorable Wiley Moore to a barbecue to be had at a suitable time.
The following bills and resolutions were read the third time and put upon their passage:
H~ 57. By Messrs. Heard of Elbert and Burton of Lee: A resolution providing payment to Troopers W. T. Beauchamp and Harold Langston the sum of $750 by the department of public safety for expenses of injuries incurred in line of duty; 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 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 138. By Senators Arnall of the 36th, and Harrison of the 17th: A bill to create a Georgia insurance commission; to license resident agents to represent fire, casualty and marine or fidelity and surety bonds; and for other purposes.
Senators Arnall of the 36th and Harrison of the 17th offered the following substitute:
A BILL
To provide for the licensing of resident agents to represent companies writing fire, casualty and marine insurance or fidelity and surety bonds; to provide for the Georgia Insurance Commission, and provide for its membership, appointment, term of office, compensation, meetings, investigations, powers and duties; to provide for approval or rejection of applications for such licenses by the Georgia Insurance Commission and appeals therefrom; and for other purposes.

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JOURNAL OF THE SENATE,

BE IT E:\ACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created and established the Georgia Insurance Commission to examine all new applicants for licenses as resident agent of companies writing fire, casualty and marine insurance or fidelity and surety bonds with the power to investigate or examine any such agent already licensed. The Georgia Insurance Commission shall consist of five members to be appointed by the Governor with the advice of the Insurance Commissioner of the State of Georgia. The first members of the Georgia Insurance Commission shall be appointed for terms as follows: One for one year; one for two years; one for three years; one for four years; and one for five years, whose respective terms shall be designated by the Governor. At the expiration of the term of each member a successor shall be appointed for a term of five years by the Governor. Vacancies caused by death, resignation, or other causes shall be filled by a majority vote of the Georgia Insurance Commission for the unexpired term. No person shall be appointed to the Georgia Insurance Commission who has not been principally engaged in the fire, casualty or marine insurance or fidelity and surety bond business as a licensed resident agent. in the State of Georgia for at least five years immediate1y prior to the date of appointment. The Georgia Insurance Commission shall elect a chairman and a vice-chairman from among its members. The Deputy Insurance Commissioner of the State of Georgia shall be ex-officio secretary of the Georgia Insurance Commission.
Section 2. Said Georgia Insurance Commission shall meet at such dates as may be determined by a majority of the members or by the chairman whenever there >hall be sufficient business to warrant such meeting, provided that the Georgia Insurance Commission shall meet at least once every three months. Its members shall each receive $7.00 per diem and expenses while actually working on business of the Georgia Insurance Commission, provided, however, that no member shall be paid more than $500.00 in per diem fees and expenses during any twelve months period.
Section 3. The Georgia Insurance Commission shall adopt rules and regulations in order to carry out the powers and duties conferred upon it. Such rules and regulations shall be printed and made available to all citizens upon request. The Georgia Insurance Commission shall adopt a seal with such design as the majority of its members may prescribe, and by which its proceedings shall be authenticated. The secretary shall keep minutes of all meetings, and copies of all records and papers of the Commission shall be maintained in his hands and open for public inspection under such rules as may be prescribed by the Commission.
Section 4. The Georgia Insurance Commission shall be charged with the responsibility of passing on all applicants for licenses as resident agents of companies writing fire, casualty and marine insurance, or fidelity and surety bonds. And shall certify to the Insurance Commissioner the names of the applicants who have been approved and rejected. The Insurance Commissioner may issue licenses as resident agents only to those whose applications have been approved by the Georgia Insurance Commission. The Commission shall conduct an examination of each new applicant and shall not approve the licensing of any applicant who fails to meet the qualifica-

TUESDAY, MARCH 2, 1943

641

tions herein or otherwise provided by law. If an application is not approved the applicant may, if he so requests, be granted a second examination after a lapse of three months from the time he fails the first examination. Furthermore, the applicant must be ~ranted a third examination, if one is requested, but only after one year has elapsed from the date of having failed the first examination. Any applicant who is refused a license shall have the right of appeal to the Superior Court, under thr same procedure of appeals from the Court of Ordinary to the Superior Court in so far as the same is applicable.
Section 5. The Georgia Insurance Commission may also investigate in any manner it deems advisable the character, past record and qualifications of all appli<:ants for licenses as aforesaid, whether new or renewal. The Commissioner shall have the right to subpoena witnesses and such records as it deems necessary for the proper completion of investigations. It shall not recommend the licensing of any applicants, whose character, reputation or qualification are such that in the opinion of a majority of the members of the Commission the granting of such license would be a detriment to the public welfare. No applicant for a first license as a resident agent, as aforesaid, shall be granted a license by the Insurance Commissioner unless the same is recommended and approved by the Georgia Insurance Commission, except in the case of an appeal where the Court so orders. If, upon investigation, the Georgia Insurance Commission finds a resident agent in violation of any of the provisions of the Georgia Insurance Laws, or if mis-statements have been made in the application for license, or if he has been guilty of fraud, or fraudulent practice, or has demonstrated untrustworthiness or incompetency to act as such resident agent, the Insurance Commissioner upon the Commission's written request, must revoke the license of such resident agent or suspend same for such period as the Commission may require. An agent whose license has been revoked or suspended shall have the right of appeal to the Superior Court under the same procedure of appeals from the Court of Ordinary to the Superior Court in so far as the same is applicable. If such license shall be revoked or suspended, the Insurance Commissioner shall give notice in writing to said resident agent, to the companies for whom he is licensed and to the Georgia Insurance Commission.
Section 6. If any clause, sentence, paragraph, section or part of this law shall have any reason to be adjudged by any court of competent jurisdiction to be unconstitutional, invalid, or void, such judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 7. That all la"s and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Senator Bloodworth of the 22nd moved the previous question and the motion prevailed.
The substitute was adopted.

642

JOURNAL OF THE SENATE,

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 7.
Senator Jones of the 3rd asked to be recorded as voting "nay" and was so recorded.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Harrison of the 17th asked unanimous consent that Senate Bill No. 138 be immediately transmitted to the House.

Senator Jones of the 3rd objected.
Senator Jones of the 3rd gave notice that at the proper time he would move that the Senate reconsider its action in the passage of Senate Bill No. 138.
SB 173. By Senator Brock of the 37th: A bill to authorize the board of regents of the university system of Georgia to provide an annuity for the retirement of employees of the university system; and for other purposes.
Senator Brock of the 37th moved that SB 173 be postponed until March 3, 1943, and the motion prevailed.
SB 132. By Senator Atkinson of the 1st: A bill proposing an amendment to article 3, section 2 of the constitution creating a new senatorial district to be known as the fifty-fourth district composed of Effingham, Bryan and Liberty counties; and for other purposes.
Senator Lester of the 18th asked unanimous consent that SB 132 be recommitted to the Committee on Amendments to the Constitution and the consent was granted.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton: A bill to amend section 49-103 ( 3033) of the code of 1933 entitled "testamentary guardian; appointment, bond and dismissal"; so as to provide that either parent may be appointed; and for other purposes.
The report 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.
Senator Atkinson, president pro tempore, presiding, asked unanimous consent

TUESDAY, MARCH 2, 1943

643

that the Senate continue the transaction of business beyond the adjournment hour and the consent was granted.
SB 177. By Senator Millican of the 52nd: A bill to authorize and direct the Governor to sell all book plate metal belonging to the state; and for other purposes.
Senator Atkinson of the lst offered the following amendment:
Amend SB 77 as follows: l. By striking from the first line of the caption the words "and direct." 2. By striking section 1 and inserting in lieu thereof the following:
Section l. The Governor is hereby authorized on recommendation of the state librarian to cause to be sold to the highest and best bidder for cash, after having advertised the sale, all, or any part of the book plate metal reposing in the Capitol basement.
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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd asked unanimous consent that the Senate reconsider its action on the postponing of the following bill of the Senate:
SB 173. By Senator Brock of the 37th: A bill to authorize the board of regents of the university system of Georgia to provide an annuity for the retirement of employees of the university system; and for other purposes.
The consent was granted and Senate Bill No. 173 was placed upon its passage.
The report 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.
Senator Lester of the 18th moved that the Senate resolve itself into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the motion prevailed.

644

JOURNAL OF THE SENATE,

The Senate went into executive session at 1 :OS o'clock.

The following message was dispatched to His Excellency, the Governor, through Henry W. Nevin, secretary of the Senate:

Honorable Ellis Arnall, Governor, State Capitol, Atlanta, Georgia.

March 2, 1943.

Dear Governor:
Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows:

The nomination of Honorable J. Eugene Cook, of the County of Laurens, to be State Revenue Commissioner, for a term beginning February 18, 1943, and expirin~ on February I, 1947, has been confirmed. The vote on this confirmation was 42 to 0.
Respectfully yours,
Henry W. Nevin,
Secretary of Senate.

The executive session was dissolved and the Senate reconvened in regular session at 1:10 o'clock.

The following communication was received from His Excellency, the Governor,

and read by the secretary:

'

Ellis Arnal!, Governor

~I. E. Thompson, Executive Secretary

Executive Department Atlanta

March 2, 1943.

To the General Assembly of Georgia:
House Bill No. 421 was transmitted to the Executive Department on the 25th day of February, 1943, after duly passing the House and Senate.
This Bill provided for an amendment to the Act approved August 24, 1905, as amended by the Acts of August 9, 1906, and August 22, 1907, entitling an Act to incorporate the Town of Hull, partly in Madison and partly in Clarke Counties, so as to confer on the l\layor and Council the power and authority to regulate the use of its streets for business purposes.
On February 26, 1943, I received the follo,,ing communication from the authors of said Bill:

TUESDAY, MARCH 2, 1943

645

Dear Governor:

Mr. Price and myself signed a bill (H. B. No. 421) for Dr. Gohlston of Madison County, relative to the Charter of the Town of Hull, which is partly in Clarke and partly in Madison Counties. Later on, we found out that there was vigorous opposition from our constituents in Clarke County to our participating in a local measure affecting l\1adison County, 'so since we signed this bill only as a courtesy to Dr. Gohlston, we requested Dr. Gohlston and his Senator, Mr. Whitworth, to substitute another bill for H. B. No. 421, to which they agreed at the time, bm which they failed to do.

Therefore, we respectfully request you to veto this measure.
Sincerely yours,
K. A. Hill, Representative, Clarke County. Olin Price.

Dear Governor: Anything you see proper to do with this Bill will be agreeable to me. W. D. Gholston.

In compliance with the above request of the authors of said Bill and in a spirit of co-operation with the members of the General Assembly, I am returning herewith House Bill No. 421 which I have vetoed this 2nd day of March, 1943.
Respectfully submitted,
Ellis Arnall, Governor.

Mr. Boyett of the 11th District, Chairman of the Committee on Enrollment. submitted the following report:

Ivlr. President:
Your Committee on Enrollment have read and examined the following bills and/or 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 Governor:

SB 89.

SB 155.

SB 158.

Respectfully submitted, R. L. Boyett of 11th district, Chairman.

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JOURNAL OF THE SENATE,

Mr. Hollis of the 24th 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/or 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:

SB 197.

SB 173.

SB 138.

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

Senator Lester of the 18th moved that the Senate do now adjourn and the motion prevailed.

The president announced the Senate adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, MARCH 3, 1943

647

Senate Chamber, Atlanta, Georgia. Wednesday, March 3, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions fav~rably reported. 5. Consideration of local uncontested bills and resolutions. 6. 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: SB 215. By Senator Whitworth of the 38th:
A bill to provide additional regulations for the registration of voters m
Paulding county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 216. By Senator Shannon of the 21st: A bill to provide that the sheriff of Twiggs county shall be paid a salary of $100.00 per month in addition to the fees; and for other purposes.
Referred to Committee on General Judiciary No. 1. SB 217. By Senator Shannon of the 21st:
A bill to provide a new schedule of commissions to be paid the tax commissioner of Twiggs county; and for other purposes.

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Referred to Committee on General Judiciary No. 1.
SB 218. By Senator Simmons of the 8th: A bill to amend the motor fuel tax law to provide for reports to the comptroller general, by distributors, shall be filed on the last day of the month instead of the 20th; and for other purposes.
Referred to Committee on Finance.
SB 219. By Senator Lester of the 18th: A bill to amend chapter 74-4 of the code of 1933 entitled "Adoption of children", by striking the words "Resident of this state"; and for other purposes.
Referred to Committee on Special Judiciary.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has disagreed to the Senate amendment to the following bill of
the House to wit:
HB 16. By :\Iessrs. McCracken of Jefferson, Phillips of Columbia and others: A bill to create a board to be known as agricultural and industrial board of Georgia; to provide for the appointment and terms of office of a chairman and members of the board; to define its functions and duties; and for other purposes.
The House has passed by the requisite constitutional majority the followin~ bills of the House to wit:
HB 286. By .\Iessrs. Harden of Turner and Harris of Richmond: A bill to amend an act providing for exemption from license tax to disabled veterans so as to include veterans of the present war; and for other purposes.
H B 525. By Messrs. Battles of Decatur, Durden of Dougherty, and others: A bill to grant leave of absence of solicitors general who have to leave their positions to enter the armed forces; and for other purposes.
H B 532. By l\1 r. Pirkle of Forsyth: A bill to repeal an act approved Feb. 18, 1943, creating a board of commissioners of roads and revenues for Forsyth county; and for other purposes.
HB 5.f7. By .\1essrs. l\Iixon of Irwin, Harris of Richmond, and others: A bill to amend chapters 49-203 and .f9-410 of the code of 1933, which

WEDNESDAY, MARCH 3, 1943

649

defines the powers of guardians for the sale of property of an incompetent; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bills of the Senate to wit:
SB 11. By Senators Pittman of the 42nd, Gross of the 31st, and others: A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.
SB 90. By Senators Stark of 33rd, Lester of 18th, and others: A bill to create the positions of judges emeritus, to provide for eligibility of persons for appointment to such position; and for other purposes.
SB 94. By Senators Ingram of the 51st, and Dean of the 34th: A bill to amend chapter 84-8 of the code of 1933 entitled "Embalmers," creating the Georgia state board of embalmers, defining their duties; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 117. By Senators Gross of the 31st, Atkinson of the 1st, and others: A bill to abolish the present state board of public welfare; to establish th~ state board of social security; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 286. By Messrs. Harden of Turner and Harris of Richmond: A bill to amend an act, providing for license to disabled veterans so as to include veterans of the present war; and for other purposes.
Referred to Committee on Finance.
HB 525. By Messrs. Durden and Smith of Dougherty, Sumner of Worth, Hand of Mitchell and others: A bill to grant leave of absence to solicitors general who have to leave their positions to enter the armed forces; and for other purposes.
Referred to Committee on Special Judiciary.
HB 532. By Mr. Pirkle of Forsyth: A bill to repeal an act approved February 18, 1943, creating a board of

650

JOURNAL OF THE SENATE,

commissioners of roads and revenues for Forsyth county; and for other purposes.

Referred to Committee on Municipal Government.

HB 547. By Messrs. Mixon of Irwin, Harris of Richmond and others:
A bill to amend sections 49-203 and 49-410 of the code of 1933 to define the power of guardians for the sale of property of an incompetent; and for other purposes.
Referred to Committee on General Judiciary No. 1.

Mr. Lester of the 18th 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:

SB 188. Do Pass

Respectfully submitted,
Wm. M. Lester, of 18th district, Chairman.

Mr. Brock of the 37th 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 bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 165. Do Pass

SB 211. Do Pass

.Respectfully submitted, Brock, of 37th district, Chairman.

Mr. Stark of the 33rd 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

WEDNESDAY, MARCH 3, 1943

651

following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 388. Do Pass

Respectfully submitted, W. W. Stark, of 33rd district, Chairman.

Mr. Arnold of the 26th 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 fol-
lowing resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 101. Do Pass Respectfully submitted, Arnold, of 26th district, Chairman.

Mr. Terrell of the 19th 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:

SB 205. Do Pass.

SB 213. Do Pass

Respectfully submitted, Terrell, of 19th district, Chairman.

Mr. Atkinson of the lst District, Vice-Chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to Constitution have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:

SR 63. Do Pass

652

JOURNAL OF THE SENATE,

HR 38. Do Pass
SB 181. Do Pass
SR 56. Do Pass
SB 132. Do Pass by substitute Respectfully submitted, Atkinson, of 1st district, Vice-Chairman.
The following message was received from the House through !VIr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the followin;;
resolutions of the House to wit:
HR 150. By Mr. Durden of Dougherty: A resolution changing the time for the convening of a JOint session of the General Assembly for the purpose of hearing a message from His Excellency, the Governor.
The House has agreed to the Senate amendment of the following bill of House to wit:
HB 91. By 1\lr. Sheppard of Heard: A bill to amend section 32-904 of the code of 1933 providing the amoum of compensation payable to members of county boards of education by changing the amount of such compensation, from per diem not to exceed $2.00 for each days actual service, so as to provide that such per diem shall not exceed $5.00; and for other purposes.
The following bills and resolutions, favorably reported by the committees ,,ere read the !tecond time:
SB 188. By Senators Lester of the 18th and Pope of the 7th: A bill to abolish the state examining boards and to create m lieu thereof state examining commissions; and for other purposes.
SB 205. By Senator Shannon of the 21st: A bill to amend section 105-1307 of the code of 1933 by providing a mother, or, if no mother, a father may recover for the homicide of a child, minor or sui juris, unless said child shall leave dependents; and for other purposes.
SB 211. By Senator Millican of the 52nd: A bill to regulate the sale of admission tickets to athletic contests of th~

WEDNESDAY, MARCH 3, 1943

653

colleges in the university system of Georgia to prevent scalping; and for other purposes.
SB 213. By Senators Pittman of the 42nd, Whitworth of the 38th, Foster of the 40th and Bloodworth of the 22nd:
A bill to direct the secretary of state to license all persons who have practiced naturopathy in Georgia for three years and who are licensed to practice in South Carolina; and for other purposes.
SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Forester of the 44th: A rt>solution proposing an amendment to article 5, section 1, paragraph 4, of the constitution, providing that returns of every election of Governor shall be in such manner as is prescribed by the General Assembly; and for other purposes.
.SR 63. By Senators Gross of the 31st, Atkinson of the 1st, Terrell of the 19th, Harrison of the 17th, Bloodworth of the 22nd and others:
A resolution to provide for a commission to draft a new constitution to be submitted to the next General Assembly; and for other purposes.
H B 388. By ::\Iessrs. Dorsey and Welsch of Cobb: A hill to amend the intangibles classification act to provide independem school districts located in municipalities shall share in the taxes derived therefrom; and for other purposes.
HR 38. By Messrs. Hightower and Swint of Spalding: A resolution proposing an amendment to article XI, section II, paragraph 1, of the constitution to provide for the division of Spalding county into school districts; and for other purposes.
HR 101. By ::\lr. Thomas of Chattooga: A resolution to authorize the budget commission to pay $350.00 to Dr. 0. A.. Selman past due rent on the Chattooga County Bank building now in liquidation, and to surrender possession of the property; and for other purposes.
The following local uncontested bills and resolutions of the Senate and House wt>re read the third time and put upon their passage:
SB 204. By Senator Boyett of the 11th:
A bill to provide the terms of the commissioners of Randolph county shall run for four years and to fix their pay at $4.00 per day for each day engaged in transacting county business; and for other purposes.
The report of the committee, which was favorable to the pass~ge of the bill, 1\as agreed to.

654

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 206. By Senator Atkinson of the 1st: A bill to provide for a change in the salary of the woman baliff of the Chatham superior court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 207. By Senator Millican of the 52nd: A bill to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
The report 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.
SB 208. By Senator Harrison of the 17th: A bill to remove the limit on the salary of the clerk of the county commis sioners and dispense with publication of quarterly reports in Jenkins county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 440. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to create a DeKalb county planning commission and a board of zoning appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 3, 1943

655

HB 448. By Messrs. Alexander, Grayson and McNall of Chatham: A bill to amend the several acts incorporating the mayor and councilman of Tybee, Savannah Beach, to authorize them to.operate a sanitary sewerage system; and for other purposes.
The Committee on Municipal Government offered the following substitute:
A BILL
To be entitled an act to amend the several acts incorporating the mayor and councilmen of the Town of Tybee, now known under the act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island, and particularly to amend said act for the purpose of increasing the power of the mayor and councilmen to impose and collect additional ad valorem tax and assessments 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 The Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, are hereby authorized and empowered and have full power and authority to maintain and operate a sanitary sewerage system; to compel the connections to said sewerage system; to fix the necessary charges for the connections; and shall have full power to levy, impose and collect, when and if necessary, a special tax in a
sum not to exceed one-half ( 0) of one ( 1) per cent on the total value of the
zssessments on the books of said Municipality as of January 1, 1943. Said levy and assessment shall be separately made and collected, and the amounts so collected shall be applied first to the operation and maintenance of said sanitary sewerage system, any surplus may be used in the prevention of Beach erosion.
Section 2. Be it further enacted by the authority aforesaid that Section 21 of the Acts of the General Assembly of the State of Georgia, approved August 19, 1922, be ~.nd the same is hereby amended by striking from said Act Section 21 thereof and inserting in lieu thereof the following section to be known as Section 21 of said Act:
"Section 21. Be it further enacted by the authority aforesaid that said Mayor and Councilmen shall have power to levy, impose and collect an ad valorem tax upon all real and personal property within the corporate limits of said municipality that they may deem advisable and not in conflict with the laws of this State; provided that such tax does not exceed two (2) per cent of the value of said property. Said Mayor and Councilmen shall provide an ordinance for the annual assessment of the taxable property in said Town and the mode and manner of valuing such property for taxation, but they shall not collect a tax of more than Two Dollars ($2.00) on each one hundred dollars valuation of property."
Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.

656

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed hy substitute.
HB 517. By Messrs. Turner, Hubert, Broome of DeKalb:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the city limits to include land 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 533. By ]1.-lessrs. Hooks and Rountree of Emanuel: A bill to abolish the offices of tax receiver and tax collector and create the office of tax commissioner of Emanuel county; 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 536. By :\I r. Crummey of Wilcox: A bill to amend the charter of the City of Abbeville to provide how candidates for office shall qualify; and for other purposes.
The report of the committee, which was favorable to the passag;e of the bill. was agreed to.
On the passage of the bill, the ayes \Yere 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 537. By :\lr. Woodruff of Barrow: A hill to amend the act giving a new charter to the City of Winder, hy adding the following provision; the members of the board of education tlected by the mayor and council shall not be prohibited from having business dealings \Yith the City of Winder; and for other purposes.

WEDNESDAY, MARCH 3, 1943

657

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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 540. By Mr. Crummey of Wilcox: A bill to amend an act establishing the City of Rochelle to provide that the city may assess property in rem that has not been returned for taxation, and may issue an execution in rem for the enforcement and collection 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 hill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 548. By Messrs. Gilbert and Gowen of Glynn: A bill to carry into effect in the County of Glynn the provtswns of a proposed amendment to paragraph 1, section 7, of article 6, of the constitution relating to the abolition of justices' courts and the offices of justice of the peace, the offices of notary public and ex-officio justices of the peace and the offices of constable in the County of Glynn; and for other purposes.
The 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 561. By Mr. Ferguson of Camden: A bill to amend an act incorporating the Town of Woodbine so as to re-define and fix the boundaries of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 563. By Mr. Overby of Stewart: A bill to amend an act to create the office of commissioner of roads and revenue of the County of Stewart so as to fix the salary of the clerk; and for other purposes.

658

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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 564. By Mr. Overby of Stewart: A bill to amend an act creating the office of disbursing clerk in Stewart county by raising the salary of such clerk to $500.00 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 569. By Mr. Bowen of Pierce: A bill to provide for the payment from county funds of the official bond of the sheriff of Pierce county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Jones of the 3rd moved that the Senate reconsider its action in passing the following bill of the Senate:
SB 138. By Senators Arnall of the 36th, and Harrison of the 17th: A bill to create a Georgia insurance commission, to license resident agents to represent fire, casualty and marine or fidelity and surety bonds; to fix the amount of fees and taxes; and for other purposes.
On the motion to reconsider the ayes were 14, nays 23, and the motion was lost.
The president recognized in the gallery the seventh grades of all the schools in Rockdale county, with County School Superintendent C. J. Hicks in charge, accompanied by their respective teachers.
The president introduced to the Senate Mrs. Williams, wife of the Senator from the 5th, Mrs. Dean, wife of the Senator from the 34th and Mrs. Eubank, wife of the Senator from the 29th.
The following resolution was read and adopted:

WEDNESDAY, MARCH 3, 1943

659

HR 150. By Mr. Durden of Dougherty:
A resolution providing that the Senate and House do not meet at 11 o'clock this morning for the purpose of hearing a message from His Excellency, the Governor and that a committee of five be appointed to determine an appropriate time for a joint session to hear his message.
The president appointed as a committee on the part of the Senate to act on the above resolution, the following:
Senators: Arnold of the 26th Peterson of the 15th
Senator Moore of the 32nd asked unanimous consent that the following resolution be withdrawn from further consideration of the Senate:
SR 64. By Senator Moore of the 32nd: A resolution to pay L. T. Garrett the sum of $135.25 for damages to his truck; and for other purposes.
The consent was granted.
Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the committee on Counties and County Matters, read the second time and recommitted :
HB 189. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to create a civil service board in Fulton county, define the duties of said board; and for other purposes.
The consent was granted.
Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the Committee on Municipal Government, read the second time and tecommitted:
HB 392. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend the charter of the City of Atlanta, to authorize the mayor to administer the oath of office to members of general council; and for other purposes.
The consent was granted.
The president asked unanimous consent that the following bill be withdrawn from the Committee on Finance and recommitted to the Committee on Insuranc'!:
HB 133. By Messrs. Allison of Gwinnett and Burnside of McDuffie: A bill to levy a $.5.00 fee against each insurance company for every agent, solicitor, sub-agent, manager, assistant manager, superintendent or assistant

660

JOURNAL OF THE SENATE,

superintendent and to levy a premium tax of one and one-half per cent; and for other purposes.
The consent was granted.
The following bills and resolutions were read the third time and put upon their passage:
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Bowen of Glynn and others: A bill to supersede the title insurance act, and to define the business of title insurance; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 307, section 6, by striking in line 3 the word "five" and inserting in lic:u thereof the word "one".
He further moves to amend section 7 by striking, in line 6, the words "one hundred" and inserting in lieu thereof the word "fifty".
He further moves to amend section 8, line 9, by striking the words "ten thousand" and inserting in lieu thereof the words "twenty-five thousand."
He further moves to amend by adding a new section to be known as section 11-A, and reading as follows:
"Any title insurance company not organized under the laws of this State, desiring to transact business in this State, shall appoint an agent, resident of this State, to accept service of process for and in its behalf, and such company shall thereupon he subject to suit and service of process in the same manner as is provided by law with reference to other non-resident insurance companies doing business in this State."
The amendment was adopted.
Senator Bloodworth of 22nd offered the following amendment:
Amend H B 307 by striking the last sentence in section 15 of said bill which reads as follows:
Such annual license tax and fee shall be paid on gross premium received by such company during the preceding calendar year and shall be in lieu of all other licenses, taxes and fees, state and county or municipal, except ad valorem taxes on real and personal property and business licenses to municipalities.
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays l.

WEDNESDAY, MARCH 3, 1943

661

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Dean of the 34th asked unanimous consent that HB 307 be immediately transmitted to the House and the consent was granted.
SB 115. By Senator Estes of the 35th: A bill to amend subsection 1 of section 67-2001 of the code of 1933 to provide a lien to landscape gardeners and nurserymen for materials and labor to improve and beautify real estate; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 16, nays 15.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 134. By Senators Gross of the 31st and Eubank of the 29th: A bill to equalize educational opportunities in vocational education; to encourage the development of a system of public vocational training; and for other purposes.
The report 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.
SB 139. By Senator Raynor of the 4th: A bill to amend an act approved March 31, 1937, to provide any dealer purchasing animals for resale or slaughter shall keep the license number of the automobile or truck of the seller and a description of the animals bought; and obtain a bill of sale; and for other purposes
Senator Harrison of the 17th offered the following amendment:
Amend SB 139, to eliminate "color marks" from section 4, wherever it occurs; and amend caption by striking the word "color" in line 11 of same.
The amendment was adopted.
The report of the committee which was favorably to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 6.

662

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.
SB 153. By Senator Ennis of the 20th: A bill to amend section 66, 103 of the code of 1933 relating to amount of wages of a deceased employee exempt from garnishment, to raise the amount from $300.00 to $500.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 160. By Senator Bloodworth of the 22nd: A hill to provide that any person, firm or corporation violating any rule, ordinance or resolution prescribed, promulgated, ordained or resolved by proper county governmental authorities shall be guilty of a misdemeanor; and for other purposes.
Senator Bloodworth of the 22nd moved that the bill be tabled and the motion prevailed.
SB 167. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th: A bill to change the name of the state park authority to "Georgia park authority", and provide for indefinite appointment by the Governor of the members of the Georgia park authority; and for other purposes.
The president asked unanimous consent that SB 167, be postponed until March 4, 1943, and the consent was granted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
resolutions of the House to wit:
HR 151. By Mr. Durden of Dougherty: A resolution providing that the General Assembly convene in JOint session in the Hall of the House of Representatives at three (3) o'clock today for the purpose of hearing a message from His Excellency, the Governor.
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:

WEDNESDAY, MARCH 3, 1943

663

SR 15. By Senators Harrison of the 17th, Gross of the 31st and others:
A resolution proposing an amendment to paragraph II of section 1 of article II of the constitution relating to the qualifications of electors in this state, by reducing the age for electors to 18; and for other purposes.

Mr. Boyett of the 11th 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/or 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 Governor:

SR 15

Respectfully submitted, R. L. Boyett, of 11th district,

Mr. Hollis of the 24th 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/or 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:

SB 23
SB 77
SB 164 SB 178 SB 203 SR 58

Respectfully submitted, M. R. Hollis, of 24th district, Chairman.

Senator Atkinson of the 1st asked unanimous consent that when the Senate adjourn tomorrow it stand adjourned until 10 o'clock Monday morning and the consent was granted.
Senator Lester of the 18th moved that the Senate insist on its amendments to the following bill of the House and that a committee of conference be appointed:
HB 16. By Messrs. McCracken of Jefferson and others: A bill to establish a board to be known as agricultural and industrial board

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JOURKAL OF THE SENATE,

of Georgia, to perfect plans for development of agricultural land and water utilization; and for other purposes.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate,
Senators: Lester of the 18th Pittman of the 42nd Arnold of the 26th
The following resolution was read and adopted:
HR 151. By Mr. Durden of Dougherty: A resolution providing that His Excellency, the Governor, address a joint session of the Senate and House at 3 o'clock today.
Senator Atkinson of the 1st moved that when the joint session today dissolves, the Senate stand adojurned until 10 o'clock tomorrow morning and the motion prevailed.
Senator Atkinson of the 1st moved that the Senate recess until 2:45 this afternoon and the motion prevailed.
The Senate reconvened at 2 :45 this afternoon and the following bill was read the third time and taken up for consideration:
SB 169. By Senator Gross of the 31st: A bill to amend, revise, and codify the laws of this state governing fraternal benefit societies; and for other purposes.
The time for convening the joint session of the Senate and House having arrived, SB 169 went over as unfinished business and the president and secretary, accompanied by the senators, repaired to the hall of the House of Representatives to hear an address by His Excellency, the Governor.
The president called the General Assembly to order.
The secretary of the Senate read the resolution providing for the joint session.
Accompanied by the committee of escort, the Governor appeared upon the floor of the House and was escorted to the speaker's stand, where he was presented to the General Assembly by the president and delivered the following address: MR. PRESIDENT, MR. SPEAKER AND ME~IBERS OF THE GENERAL
ASSEMBLY:
I appreciate the opportunity of coming here today so that I may quite frankly discuss with you the fiscal affairs of our State.

WEDNESDAY, MARCH 3, 1943

665

While the most important demand upon our State and its citizens is the winning of the war, yet we must not let the home front collapse in our all-out war effort.
It is my belief that the people of Georgia are as patriotic as those of any other State in the Union. I am of the considered opinion that the people of Georgia are demanding that we do everything possible to cooperate with the effort of the Federal Administration to the end that we may speedily defeat the forces of brutality which are seeking to deprive our people of liberty, freedom, democracy and the right to happiness.
As Governor of this State, I have a responsibility to give to the mem~ers of the General Assembly and to the people a true picture of State affairs and tell them what is happening in Georgia.
Quite frankily, I am distressed, perturbed and worried about State finances. I feel it my duty to let you know that the State Government is headed for financial collapse; that no amount of economy can pay bills unless we have the money with which to pay them.
I think it my duty to advise you that sympathy for the aged, the school teachers, the counties, wards of the State and State functions cannot provide for them, but finally we must have in the State Treasury the dollars with which to pay.
Early in the session I made an estimate of anticipated State income. The estimate was pessimistic. I pointed out the fact that the future was dark. Today I tell you that the pessimistic estimate made was not pessimistic enough; that the dark future has grown blacker and that we are now faced with a situation and a condition which, if unremedied, ultimately will bring chaos to the State Government.
As far as I am concerned if it is necessary for us to stop all State Services, leave our children uneducated, stop the entire functions of State Government in order to win the war, then I am in favor of winning the war, but I candidly am impelled to call your attention to the realities with which the State is confronted.
Our State revenue continues to fall off drastically until today if we were to give to the school teachers every dime of gasoline tax under the present basis, we would still be short eight million dollars in meeting their current salary payments alone.
A great reduction in State revenue has been brought about in the past thirteen months under various plans of gasoline rationing. Up to the present time based on the rate of gasoline tax collections before rationing went into effect the State of Georgia has already lost $7,954,000.00.
The first form of gasoline rationing was a limitation on deliveries to the fillins stations. Because of this limitation, the State from January, 1942 to July 22, 1942 averaged a reduction of $474,000.00 per month in collections. This amounts on an annual basis to $5,688.000.00.
On July 22, 1942, the coupon plan of rationing gasoline was put into effect and

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JOURNAL OF THE SENATE,

the loss of gasoline tax receipts was raised to $750,000.00 monthly, or $9,000,000.00 per year.
In December, 1942, the value of the gasoline tax coupon in Georgia was reduced from four to three gallons each and in the early part of January a ban was placed on pleasure driving in this State. In the last two or three weeks Federal Agents have been cracking down on violations of pleasure driving, particularly on Sunday driving. These latest changes have raised the loss in gasoline tax collections to $1,000,000.00 per month or $12,000,000.00 per year.
And we have not yet felt the full force of the ban on pleasure driving, the Federal Agents are now engaged in checking the various localities throughout the State for violations. This last change in rationing will raise our loss in gasoline tax to at least $1,300,000.00 per month or $15,600,000.00 per year and we do not know what other plans are in the offing to further curtail the use of gasoline in Georgia and in the other Seaboard States which are placed in this particular area.
I think it only proper to point out that while the State of Georgia, one of the Seaboard States, is losing $15,600,000.00 in gasoline tax revenue, the States which are not in the Seaboard area did not have rationing until December, 1942, or twelve months after rationing was put into effect in our State. Also in December, 1942, the value of the coupon in the Seaboard States was made to be worth one-fourth less than in other States. Also the ban on pleasure driving extends only to Georgia and the other Seaboard States.
We can attribute $6,600,000.00 of our annual loss in gasoline tax revenue to the reduction of the value of the coupon and the ban on pleasure driving which is applicable only to Georgia and the other Seaboard States. The other $9,000,000.00 annual loss in gasoline tax revenue can be attributed to the rationing system as a whole.
And so, factually, the people of Georgia are in effect being called upon not only to submit to gasoline rationing, which we cheerfully and gladly do, but also we are confronted with the ultimate demand that in order to fully cooperate with the Federal rationing program we must also levy approximately $16,000,000.00 in new taxes against the people of the State if we are to carry on the State Government on relatively the same basis upon which it formerly operated.
Do not 'for a moment think that I am critical of the gasoline rationing system. I care not how discriminatory, unfair, silly or ridiculous some may think Federal regulations may be, as far as I am concerned I am going to cheerfully abide by them and as Governor I shall encourage the people of this State to cooperate with the Federal authorities in every possible respect.
I am proud of the fact that the first order of business of the present session of the General Assembly was to adopt a resolution committing the State Administration to a full and complete policy of cooperation with the Federal authorities in the prosecution and the winning of the war. However, we cannot close our eyes to realities.

WEDNESDAY, MARCH 3, 1943

667

We must have the courage to face the facts and the facts are such that we must realize serious and difficult days are ahead for Georgia.
The truth of the matter is that we have largely financed the State on gasoline taxes and now that the sale and use of gasoline IS so drastically curbed, our State finds itself in a most distressing situation.
It seems to me that we do have some possible recourse. We must be careful not to be critical of Federal regulations but it seems to me that we would be within our full patriotic rights were we to communicate with the Georgia delegation in the Federal Congress and with the Senators and Congressmen of the other Seaboard States as well as with the Federal Congress and Federal officials and urge them to relax the rigid ban on rationing and consumption of gasoline in the Seaboard States now or at such early time as possible, provided, of course, such relaxation would not in any wa.y interfere with the war effort.
If any relaxation of the ban interferes with the prosecution of the war, then, of .-ourse, we would not expect the ban to be relaxed because we are first for winning the war.
The fuel oil shortage in the east and the necessity for heating oil probably is not as keen now due to the fact that the winter season is rapidly growing to an end and it may be that if this matter is brought to the attention of the Federal authorities in a patriotic non-critical manner that at some early date some system may be worked out which will not interfere in the war effort and will still allow our State and the other Seaboard States some additional revenue from the sale and use of gasoline.
We are told that the reason for rationing is the transportation difficulty. It is not our fault but the fault rests with the transportation system of the entire nation. All of the States are in this war together. We are going to win it together or we are going to lose it together. I submit that it might not be out of line to suggest to Congress that in event the restrictions on gasoline cannot be relaxed in the States which are now suffering in a degree greater than other States, that some consideration might possibly be given to reimbursing the States in which gasoline rationing went into effect a year earlier than in other States so as to help make up for this loss in revenue which weighs heavily against some States and less heavily against others.
If neither of these plans are availing, then we in Georgia must either determine to drastically raise taxes or else to close down our schools and other necessary State functions. I would not have any member of the Assembly or any person in this State to think that the statement of facts herein made are intended to in any way reflect upon the administrative program of our Washington authorities but we must let the people know here in Georgia what they are to expect. We cannot pay the school teachers; we cannot carry on the State Government with no money.
A word about teacher retirement. I favor a reasonable system of teacher retirement and hope that this Assembly will pass an Enabling Act authorizing a system of teacher retirement when and if the General Assembly appropriates money to

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JOURNAL OF THE SENATE,

care for it. But I am not in favor of deceiving the school teachers and we cannot possible finance a system of teacher retirement when we are worrying about how we are going to pay the teachers the current salaries they have earned.
I want to thank Speaker Harris and the House leadership for having held the teacher retirement Enabling Act off the calendar until we have had a chance to carefully survey the situation. Their actions have followed my request and I appreciate very much their cooperation in refusing to be parties who would mislead the school people of Georgia. I am perfectly willing, and they are perfectly willing, at this time to enact the enabling measure, even before the constitutional amendment has been approved, with a provision in it that the plan shall not be put into effect unless ~.nd until the General Assembly appropriates money for that purpose and, of course, the Assembly cannot appropriate money for that purpose until and unless we have the money in the State Treasury to carry on the retirement system. So, even if the Legislature passes the Enabling Act, which I hope it will, the teachers of" the State must not fall into the error of thinking that they will get a retirement payment immediately; it will probably be years before our State is able to pay the bill. We must not fool our beloved school teachers.
Not only must we manage to carry on the current State operations on less money than we have ever had but we must also manage somehow to try to pay off the State debt which on January 12, 1943, amounted to $35,981,630.38. We are making some progress in reducing the State debt and on March 25th it is our plan to pay $2,650,000.00 to the counties which represents an outstanding debt evidenced by certificates of indebtedness. Approximately $2,000,000.00 in State bonded indebtedness is due June 30, 1944, and I am ambitious to pay off this part of our outstanding indebtedness which has been in effect for more than one hundred years. We have reduced highway expenses and cancelled out outstanding contracts which will ultimately reduce this indebtedness. But even with these economies and payments, we have a rocky and rough road ahead.
We are going to try to operate the State on the money we have. I hope no new
tax bills will be passed at this time. I still tell you that I will sign no new tax bill~ passed at this session. I hope that you will not enact measures which would make it mandatory on the State Government to now increase payments from the State Treasury in the form of benefits to select groups and classes. I hope you will not take off taxes we now have.
I want to again go on record as telling you and the people of Georgia that this is the finest Legislature ever to assemble in the State Capitol and I believe the people of Georgia realize and appreciate the true merit, ability and character of the members of this General Assembly.
I want to again tell you that if it is possible to wind up your deliberations prior to the time fixed by law for adjournment, such action would be certain to add to th!! prestige of this Assembly. But I would not have you, nor would the people want you, to abandon your work until you are finished. But if by continual session and hard work you are able to complete your calendar prior to the time fixed by law and are

WEDNESDAY, MARCH 3, 1943

669

able to adjourn before the legal deadline, you will have established an unequalled record for legislative dispatch and action unequalled in the history of Georgia.
And so while financial affairs grow darker, the hope for Georgia's ultimate future grows brighter and with your continued help and the continued support of the people of Georgia, we will do our best in this difficult time to write a worthwhile page in the history of our State.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
Under a previous motion, which adjourned the Senate at the conclusion of the joint session, the Senate stood adjourned until 10 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Thursday, March 4, 1943.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Prayer was offered by Rev. J. R. Turner, pastor of the Kirkwood Methodist
church of Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Senator Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted.
Senator Pittman of the 42nd asked unanimous consent that the following bill be recommitted to the Committee on Temperance, with instructions that it be reported back by March 8, 1943:
SB 79. By Senators Harrison of the 17th, Kimbrough of the 25th, Whitworth of the 38th and others: A bill to promote temperance and prosperity for Georgia people, to foster and encourage the growing of grapes, fruits and berries on Georgia far!lls; to legalize the making of light domestic wines; to exempt from all taxes wines made from crops of grapes, fruits and berries, whether wild or cultivated by producers in Georgia of such crops; and for other purposes.
The consent was granted.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

THURSDAY, MARCH 4, 1943

671

SB 220. By Senator Forester of the 44th: A bill to create the city court of Catoosa county; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 221. By Senators Lovett of the 16th and Hall of the 50th: A bill to amend the charter of the City of Dublin, to authorize the mayor to suspend any officer or employee for cause, and to provide for a hearing by the board of aldermen; and for other purposes.

Referred to Committee on Municipal Government.

Mr. Ingram of the 51st 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:
HB 532. Do Not Pass Respectfully submitted, R. A. Ingram, of 51st district, Chairman.

Mr. W. H. Jones of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President: Your Committee on Privileges and Elections have had under consideration the
following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 149. Do Pass
HB 150. bo Pass
HB 162. Do Pass
HB 163. Do Pass as amended

HB 164. Do Pass

Respectfully submitted, W. Harley Jones, of 3rd district, Chairman.

Mr. Foster of the 40th District, Chairman of the Committee on Agriculture, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President: Your Committee on Agriculture 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:
SR 48. Do Pass
SB 146. Do Pass
HB 411. Do Pass
HB 428. Do Pass Respectfully submitted, Foster, of 40th district, Chairman.

Mr. Foster of the 40th 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:

HB 243. Do Pass

Respectfully submitted, Foster, of 40th district, Chairman.

Mr. Kaigler of the 12th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consider.ation 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:

SB 219. Do Pass

HB 525. Do Pass

Respectfully submitted,
Kaigler, of 12th district, Chairman.
Mr. Kennedy of the 2nd District, Chairman of the Committee on Conservation, submitted the following report:

THURSDAY, MARCH 4, 1943

673

Mr. President: Your Committee on Conservation have had under consideration the following
bill of the House and have nstructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 333. Do Pass

Respectfully submitted, Kennedy, of 2nd district, Chairman.

Mr. Terrell of the 19th 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:
SB 216. Do Pass

SB 217. Do Pass

Respectfully submitted,
Terrell, of 19th district, Chairman.

Mr. Ingram of the 51st 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:
HB 495. Do Pass as amended Respectfully submitted, R. A. Ingram, of 51st district, Chairman.

Mr. Pittman of the 42nd District, Chairman of the Committee on Penitentiary, submitted the following report:

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

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JOURNAL OF THE SENATE,

SB 198. Do Pass

Respectfully submitted, C. C. Pittman, of 42nd district, Chairman.

Mr. Moore of the 32nd 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:

HB 582. Do Pass HB 538. Do Pass

HB 575. Do Pass

HB 567. Do Pass

SB 212. Do Pass

HB 332. Do Pass
SB 210. Do Pass as amended Respectfully submitted, G. H. Moore, of 32nd district, Chairman.

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

Mr. President:
The House insists on its substitute to the following resolutions of the Senate to wit:
SR 31. By Senator Lovett of the 16th and others: Proposing to the people of Georgia that paragraph I, of section 9 of article 3 of the constitution be amended and providing that members of the General Assembly shall receive $600.00 as full compensation for the complete legislative session, and other purposes.

And the speaker has appointed as a conference committee on the part of the House the following:
Messrs. Durden of Dougherty Culpepper of Fayette Connell of Lowndes

THURSDAY, MARCH 4, 1943

675

SR 32. By Senator Lovett of the 16th, Ansley of the lOth and others: Proposing to the people of Georgia that paragraph 3 of section 4 of article 3 of the constitution be amended to provide that the General Assembly shall meet on the second Monday in January 1945, and biennially thereafter for a 60-day session; to abolish the 10-day session ; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following:
Messrs. Durden of Dougherty Culpepper of Fayette Connell of Lowndes
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 182. By Senator Bloodworth of the 23rd: A bill to create and incorporate a new municipality in Houston county, to be known as Warner Robins; and for other purposes.
SB 184. By Senator Martin of the 13th: A bill to abolish the office of county treasurer of Macon county; to authorize the board of commissioners of roads and revenues of said county to designate a depository for the deposit of funds of said county; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 307. By :Messrs. Thurmond of Hall, Etheridge of Fulton and others: A bill to supersede the title insurance act and to define the business of title insurance; and for other purposes.
The House has agreed to the Senate substitutes to the following bills of the House to wit:
HB 448. By Messrs. Alexander, Grayson and MeN all of Chatham: A bill to revise, alter and amend the several acts relating to and incorporating the mayor and councilmen of the Town of Tybee; and for other purposes.
HB 462. By Messrs. Smith and Reid of Carroll: A bill to create a board of commissioners of roads and revenue for the County of Carroll; and for other purposes.
The House insists on its position on the following bills of the House to wit:

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JOURNAL OF THE SENATE,

H B 306. By Mr. Dunn of Lamar: A bill to create a board of commissioners of roads and revenues in and for the County of Lamar; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following:
Messrs. Dunn of Lamar Hand of Mitchell Minchew of Atkinson
HB 341. By Mr. Dunn of Lamar: A bill to repeal an act to create an advisory board to have charge of roads and revenues in and for the County of Lamar; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following:
Messrs. Dunn of Lamar Hand of Mitchell Minchew of Atkinson
The following bills and resolutions of the House and Senate, favorably reported by the committees, were read the second time:
SB 146. By Senator Harrison of the 17th: A bill to provide for the adoption of an official trade mark for Georgia farm products; to prevent imitation and infringement, to provide for packs and grades and other classifications of farm products; and for other purposes.
SB 198. By Senators Atkinson of the 1st, Terrell of the 19th, and Newton of the 47th: A bill to repeal section 77-401 of the code of 1933 providing that insane convicts shall be removed to the Milledgeville state hospital during the term for which sentenced, or until cured; and for other purposes.
SB 210. By Senator Harrison of the 17th: A bill to establish the city court of Millen; and for other purposes.
SB 212. By Senator Gross of the 31st: A bill to provide for the holding of four terms each year of Stephens superior court; and for other purposes.
SB 216. By Senator Shannon of the 21st: A bill to provide that the sheriff of Twiggs county shall be paid $100.00

THURSDAY, MARCH 4, 1943

677

per month in addition to regular fees due to extra duties in connection with home defense; and for other purposes.
SB 217. By Senator Shannon of the 21st: A bill to provide a new schedule of commissions to be paid the tax commissioner of Twiggs county; and for other purposes.
SB 219. By Senator Lester of the 18th: A bill to amend chapter 74-4 of the code of 1933, entitled "Adoption of children", by striking the words "Resident of this state"; and for other purposes.
SR 48. By Senator Fowler of the 39th: A resolution endorsing the home gardening program advocated by the secretary of agriculture and national administration; and for other purposes.
HB 149. By Mr. Thigpen of Glascock: A bill to create and establish an election canvassing board for the state; and for other purposes.
HB 150. By Mr. Thigpen of Glascock: A bill to repeal sections 34-1401, 34,1401, 34,1402 and 34-1403 of the code of 1933 relating to blank forms, tally sheets, and lists of voters used in holding elections, and repeal paragraph 7, section 40-601, and substituting a new paragraph 7, prescribing the duties of the secretary of state with reference to such forms; and for other purposes.
HB 162. By Messrs. Thigpen of Glascock and others: A bill to amend section 34-1904 of the code of 1933, by adding a proviso that candidates must file a petition from not less than five per cent of the registered voters; and for other purposes.
HB 163. By Messrs. Thigpen of Glascock and others: A bill to amend section 34-406 of the code of 1933 to require the clerk: of the superior court to file with the secretary of state a certificate showing the number of registered voters in his county; and for other purposes.
HB 164. By Messrs. Thigpen of Glascock and others: A bill to amend chapter 34-32 of the code of 1933 to provide the chairman and secretary of the state committee of any political party must certify to the secretary of state the names of candidates; and for other purposes.
HB 243. By Messrs. Yawn of Dodge and others: A bill to amend the fertilizer inspection act to provide a penalty of twenty

678

JOURNAL OF THE SENATE,

five per cent of the purchase price where it falls below the plant food value by ten per cent or more; and for other purposes.
HB 332. By Mr. Cannon of Rockdale: A bill to prohibit the solicitation of votes or handing out of literature at the polls in Rockdale county at any election; and for other purposes.
HB 411. By Messrs. Smith and Durden of Dougherty: A bill to regulate the buying, selling, delivery, processing and resale of pecan nuts; and for other purposes.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper: A bill to amend the act relating to the sale of fertilizer or fertilizer material to provide for the registration and method of reporting; and for other purposes.
HB 495. By Mr. Boynton of Union: A bill establishing a new charter for the City of Blairsville; and for other purposes.
HB 525. By Mr. Mills of Decatur and others: A bill to provide for granting of leaves of absence to solicitors general who enter the armed forces, and for appointment of solicitor general pro tempore; and for other purposes.
HB 538. By Mrs. Guerry of Macon: A bill to abolish the office of county treasurer of Macon county and designate a county depository; and for other purposes.
HB 567. By Mr. Crummey of Wilcox: A bill to repeal the act abolishing the office of county treasurer of Wilcox county; and for other purposes.
HB 575. By Mr. Yawn of Dodge: A bill to require the commissioner of Dodge county to employ a certified public accountant annually to audit the books of various county officials; and for other purposes.
HB 582. By Mr. Minchew of Atkinson: A bill to abolish the offices of tax recetver and tax collector of Atkinson county and to create the office of tax commissioner; and for other purposes.
HB 547. By Messrs. Mixon of Irwin and others: A bill to amend section 49-203 and 49-410 of the code of 1933 to define the

THURSDAY, MARCH 4, 1943

679

powers of guardians for the sale of property of an incompetent; and for other purposes.
The following bills and resolutions were read the third time and put upon their passage:
Under the order of unfinished business the following bill, having been read the third time on yesterday, was brought up for consideration:
SB 169. By Senator Gross of the 31st:
A bill to amend, revise, and codify the laws of this state governing fraternal benefit societies; and for other purposes.
Senator Gross of the 31st offered the following amendment:
Senator Gross of the 31st moves to amend Senate Bill No. 169 by striking the caption and Section I and inserting a new caption and new section I to read as follows:
To amend, revise, and codify the laws of this State governing fraternal benefit societies; to repeal an Act approved December 17, 1900 (Georgia Laws of 1900, page 71, et seq.) entitled: "An Act to define and regulate fraternal beneficiary orders, associations or societies in the State of Georgia, to provide penalties, and for other purposes," and all acts amendatory thereof, particularly Sections 34 and 35 of that certain Act approved August 19, 1912 (Georgia Laws of 1917, page 119 et seq.), entitled: "An Act to regulate all foreign and domestic fraternal companies, and for other purposes"; to repeal an Act approved August 17, 1914 (Georgia Laws of 1914, page 99, et seq.) entitled "An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State, and for other purposes," and all Acts amendatory thereof, particularly that certain Act approved August 20, 1917 (Georgia Laws of 1917, page 102, et seq.) entitled: "An Act to provide upon what conditions, and how, and in what manner foreign and domestic fraternal benefit societies can issue benefit certificates to persons less than sixteen years of age and to others, and for other purposes"; that certain Act ap- proved August 21, 1917 (Georgia Laws of 1917, page 104, et seq.) entitled: "An Act to amend Section 6 of an Act entitled 'An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the stat~: and for other purposes"; that certain Act approved August 26, 1929 (Georgia Laws of 1929, page 241, et seq.), entitled: "An Act authorizing fraternal benefit societies incorporated under the laws of another state to become incorporated in this state without loss of rights, privileges, or continuity, and prescribing the reciprocal powers, rights and duties of such society and its members, fixing the standards of valuation, the form of certificate it may issue, the character of business which may be carried on, providing funds for its expenses, providing that no courts shall have jurisdiction to allow attorney's fees to plaintiffs or attorneys against such society in any class suit, and providing that if any portion of this Act is held unconstitutional

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it shall not affect any other portion, and repealing all laws in conflict"; that certain Act approved March 29, 1937 (Georgia Laws 1937, page 677, et seq.), entitled: "An Act to amend Subsection 2, of Section 5, of Act No. 524, of the Acts of the General Assembly of the State of Georgia of 1914 relating to fraternal benefit societies"; and that certain Act approved March 27, 1941 (Georgia Laws 1941, page 338, et seq.), 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: "--the repealed Laws are Section 56-1601 to 56-1714, both inclusive of the Code of Georgia 1933; to enact and substitut<: in lieu of all of said repealed Acts a new Act for the regulation and control of fraternal benefit societies, 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 an Act to repeal an Act approved December 17, 1900 (Georgia Laws of 1900, page 71, et seq.), entitled: "An Act to define and regulate fraternal beneficiary orders, associations or societies in the State of Georgia, to provide penalties, and for other purposes," and all Acts amendatory thereof, particularly Sections 34 and 35 of that certain Act approved August 19, 1912 (Georgia Laws of 1917, page 119, et seq.), entitled: "An Act to regulate all foreign and domestic fraternal companies, and for other purposes"; and to repeal an Act approved August 17, 1914 (Georgia Laws of 1914, page 99, et seq.), entitled: "An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State, and for other purposes," and all Acts amendatory thereof, particularly that certain Act approved August 20, 1917 (Georgia Laws of 1917, page 102, et seq.), entitled: "An Act to provide upon what conditions, and how, and in what manner foreign and domestic fraternal benefit societies can issue benefit certificates to persons less than sixteen years of age and to others, and for other purposes"; that certain Act approved August 21, 1917 (Georgia Laws of 1917, page 104, et seq.), entitled: "An Act to amend Section 6 of an Act entitled 'An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this state; the amount of license fee for each society; how they may be excluded from the state; and for other purposes"; that certain Act approved August 26, 1929 (Georgia Laws of 1929, page 241, et seq.), entitled: "An Act authorizing fraternal benefit societies incorporated under the laws of another state to become incorporated in this state without loss of rights, privileges, or continuity, and prescribing the reciprocal powers, rights, and duties of such society and its members, fixing the standards of valuation, the forms of certificates it may issue, the character of business which may be carried on, providing funds for its expenses, providing that no courts shall have jurisdiction to allow attorney's fees to plaintiffs or attorneys against such society in any class suit, and providing that if any portion of this Act is held unconstitutional it shall not affect any other portion, and repealing all laws in conflict"; that certain Act approved March 29, 1937 (Georgia Laws of 1937, page 677, et seq.), entitled; "An Act to amend Subsection 2, of Section 5, of Act No. 524, of the Acts of the General

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681

'Assembly of the State of Georgia of 1914 relating to fraternal benefit societies"; and that certain Act approved March 27, 1941 (Georgia Laws 1941, page 338, et seq.), 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 Endm.ment Certificates"-the repeal Laws are Section 56-1601 to 56-1714 both inclusive of the Code of Georgia 1933; be and the same are hereby repealed, and in lieu of all of said repealed Acts a new Act is hereby enacted for the regulation and control of fraternal benefit societies which shall read as follows:
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.
SB 114. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and others: A bill to repeal an act relative to publication of proposed amendments to the constitution; and for other purposes.
Senator Terrell of the 19th asked unanimous consent that further action on Senate Bill No. 144 be postponed until March 8, 1943, and the consent was granted.
SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, and Dean of the 34th:
A bill to amend existing laws relating to general election to provide for a general election to be known as the August general election, to be held biennially on Tuesday after the first Monday in August, beginning in 1943; and for other purposes.
The report 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 4.
The bill, having received the requisite constitutional majority, was passed.
SB 51. By Senator Bloodworth of the 22nd: A bill to amend section 92-5712 of the code of 1933, providing for proportionate tax payments and release from tax liens by owners or holders of any equity, lien; and for other purposes.

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Senator Bloodworth of the 22nd asked unanimous consent that Senate Bill No. 51 be tabled and the consent was granted.

Senator Pittman of the 42nd asked unanimous consent that the Senate reconsider its action in recommitting Senate Bill No. 79 this day, due to the fact that the author was out of the Senate Chamber when this action was taken and at this time had returned.

The consent was granted.

Senator Pittman of the 42nd moved that Senate Bill No. 79 be recommitted to the Committee 'On Temperance with instructions that it be reported out not later than March 8, 1943.

On the motion to recommit, Senator Harrison of the 17th 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:

Arnold Atkinson Bloodworth of 22nd Bloodworth of 23rd Brock Ennis Estes Boyett Eubank

Foster Fowler Griner Hollis Ingram Jones Kennedy Lester Millican

Newton Oden Peterson Pittman Preston Shannon Stark Thigpen Williams

Those voting in the negative were:

Bacon Byrd Cooper Dantzler Hall

Harrison Kennon Lovett Martin Moore

Raynor Simmons Terrell Whitworth of 38th

Not voting were Senators Ansley, Arnall, Clements, Dean, Forester, Hampton, Kaigler, Kimbrough, Pope, and Whitworth of the 30th.

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

On the motion to recommit the ayes were 27, nays 14, and the motion prevailed.
The following bills and resolutions were read the third time and put upon their passage:

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683

SB 200. By Senator Lovett of the 16th:
A bill to amend an act amending the banking act to provide for verification of certain individual accounts of banks by bank examiners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Harrison of the 17th, and Pope of the 7th:
A bill proposing an amendment to article 4, section 2, of the constitution, to provide for the public service commission, its membership, election, terms of office, powers and duties; and for other purposes.
Senator Eubank of the 29th offered the following substitute:
A BILL
To be- entitled an Act to propose to the qualified electors for ratification or rejection an amendment of Article IV, Section II of the Constitution of the State of Georgia by adding a new paragraph, to be designated as paragraph 8, so as to provide for the Public Service Commission, its membership, election, qualification, terms of office, powers and duties; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME:
Section 1. That from and after the ratification of this proposal by the people of the State of Georgia Article IV, Section II of the Constitution of the State of Georgia shall be amended by adding thereto a new paragraph, to be known and designated as Paragraph 8, and to read as follows: "There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers, and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be elected by the members of the Commission from one of its members. The first Commission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amendment and they shall serve for the term to which each was elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, powers and duties of members of the Commission, including the chairman, shall be such as are now or may hereafter be provided by the General Assembly."

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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 entered on their respective journals, said proposal shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election and submitted to the qualified electors of the State of Georgia as provided for by law at the next general election at which proposals to amend the Constitution of the State of Georgia may be voted on, and there shall be placed on the ballot at said next general election the following language:
"All persons voting at said election in favor of adopting this amendment to the Constitution shall have written or printed on their ballots the words 'For Public Service Commission as Constitutional Officers,' and all persons opposed to the adoption of this amendment to the Constitution shall have written or printed on their ballots the words 'Against Public Service Commission as Constitutional Officers,' and should a majority of all the votes cast at said general election be in favor of ratification of this amendment to the Constitution and the returns thereof made to the Governor, he shall declare this amendment to be a part of the Constitution and shall issue a proclamation declaring this amendment to be a part of the Constitution of the State of Georgia in accordance with the Constitution and Laws of this State relating to Amendments to the Constitution.

Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The substitute was adopted.

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

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:

Ansley

Dantzler

Arnall

Eubank

Arnold

Fowler

Atkinson

Griner

Bacon

Harrison

Bloodworth of 22nd

Ingram

Bloodworth of 23rd

Kaigler

Boyett

Kennedy

Brock

Kennon

Byrd

Kimbrough

Clements

Lester

Cooper

Lovett

Martin Moore Newton Oden Peterson Pittman Preston Raynor Shannon Terrell Whitworth of 38th Williams

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68.5

Those voting in the negative were:

Hall

Millican

Stark

Simmons

Not voting were Senators Dean, Ennis, Estes, Forester, Foster, Hampton, Hillis, Jones, Pope, Thigpen, and Whitworth of the 30th.

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

On the passage of the bill, the ayes were 36, nays 4.

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

SB 202. By Senator Arnold of the 26th:
A bill to amend the banking laws regarding director's examinations; and for other purposes.

The report 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.

The following bills were taken up for the purpose of considering the report of the conference committees:
HB 306. By Mr. Dunn of Lamar:
A bill creating a board of commissioners of roads and revenues for Lamar county; and for other purposes.

HB 341. By Mr. Dunn of Lamar:
A bill to repeal an act creating an advisory board to have charge of roads and revenues for Lamar county; and for other purposes.

The committee on conference submitted the following report: Mr. President:
Mr. Speaker:
The Conference Committee appointed by the President of the Senate and Speaker of the House consider House Bill No. 306 and 341, being local Bills affecting Lamar County submit the following recommendation and report:

Your Conference Committee recommends that the Senate recedes from its position in amending said House Bill by attaching thereto Referendum, and that

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said Bill do pass without the Referendum Amendment, but with the Amendment substituting the name of one Commissioner.

Respectfully submitted,

On Part of the House
Fred Hand Hand of Mitchell

On Part of the Senate
G. E. Millican Senator 52nd District

A. T. Minchew Minchew of Atkinson

R. A. Ingram Senator 51st District

C. M. Dunn Dunn of Lamar

Alpha A. Fowler Senator 39th District

Senator Millican of the 52nd moved that the conference committee report be adopted.

On the adoption of the conference committee report, the ayes were 33, nays 0, and the report was adopted.

A privileged resolution by Senator Terrell of the 19th, granting the privileges of the floor to Mrs. Eugene Cook, wife of the commissioner of revenue, was read and adopted.

Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the Committee on State of Republic, read the second time and recommitted:
SB 183. By Senators Pittman of the 42nd and Gross of the 31st:
A bill to provide revenue and a source of revenue for paying annuities and benefits to the peace officers of the state of Georgia; and for other purposes.

The consent was granted.

Senator Lester of the 18th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted:
HB 547. By Messrs. Mixon of Irwin and others:
A bill to amend sections 49-203 and 49-410 of the code of 1933 to define the power of guardians for the sale of property of an incompetent; and for other purposes.

The consent was granted.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th, Harri-

THURSDAY, MARCH 4, 1943

687

son of the 17th and Bacon of the 28th: A bill to create the office of judges emeritus; to provide any judge of the court of appeals or the supreme court, with continuous unbroken judicial service for ten years, who shall have attained the age of seventy years, shall be eligible; and for other purposes.

Senator Lester of the 18th moved that the Senate concur in the House substitute to Senate Bill No. 90.

Senator Lovett of the 16th asked unanimous consent that further action on the substitute to Senate Bill No. 90 be postponed until March 8, 1943, and the consent was granted.

Mr. Boyett of the 11th District, Chairman of the Committee on Enrollment, submitted the folowing report:

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

SB 16 SB 18 SB 126 SB 172 SB 156 SB 182 SB 184

Respectfully submitted, R. L. Boyett of 11th district, Chairman.

Mr. Hollis of the 24th 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/or 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:

SB 134 SB 139

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SB 153 SB 204 SB 206 SB 207 SB 208 SB 209

R~spectfully submitted, M. R. Hollis of 24th district, Chairman.

Senator Stark of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on the passage of Senate Bill No. 180.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 94. By Senators Ingram of the 51st and Dean of the 34th:
A bill to amend chapter 84-801 of the code of 1933 entitled "Embalmers," by substituting a new section creating the Georgia state board of embalming; and for other purposes.

The House substitute was as follows:
Mr. Harris of Richmond of the House moves to introduce the following substitute for Senate Bill No. 94, the same to provide the following:

A BILL
TO BE ENTITLED AN ACT
To amend Chapter 84-8 of the Code of Georgia of 1933 entitled "Embalmers," the same creating the Georgia State Board of Embalmers, defining their duties, etc., by repealing Section 84-803, the caption of same providing: "Georgia State Board of Embalming; creation; membership; appointment; qualifications; vacancies." by striking and repealing said Section in its entirety and substituting in lieu thereof a new Section 84-803, creating a Georgia State Board of Embalmers; providing for their appointment and the filling of vacancies; qualifications and license fees; to repeal Section 84-804 in its entirety, the caption of said Section reading: "Term of office of Board Members; removal from office." by substituting in lieu thereof a new Section 84-804 providing the term of office for Board members and removal of same for cause; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

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689

Section 1. That Section 84-803 of the Code of 1933, the caption of said Section reading: "Georgia State Board of Embalming; creation; membership; appointment; qualifications; vacancies." be amended by striking and repealing said Section in its entirety, and substituting in lieu thereof a new Sectioon 84-803 which shall read as follows:
"Section 2. There shall be created a board to be known as the 'Georgia State Board of Embalming.' The Board shall consist of six members to be appointed by the Governor. The members shall be practical licensed embalmers in good standing, with renewal license fees paid up to date, having experience in the business and the care of and the disposition of dead human bodies, and shall be residents of the State."
Section 2. That Section 84-804 of the Code of Georgia of 1933, the caption of said Section reading: "Term of office of Board members; removal from office." be amended by striking and repealing said Section in its entirety, and substituting in lieu thereof a new Section to provide the following:
"Section 3. Each member of the Georgia State Board of Embalmers shall serve for a period of four years from the date of his appointment or until his successor shall be named. Anyone having served as a member of said Board shall be eligible for re-appointment. The Governor shall have the power to remove from office any member of the Board for neglect of duty, incompetency, or improper conduct.''
Section 3. That all laws or parts of laws in conflict with this Act are hereby repealed.
Senator Dean of the 34th moved that the Senate concur in the House substitute.
On the motion to concur the ayes were 38, nays 0, and the substitute was concurred in.
The following bills and resolutions were read the third time and put upon their passage:
SB 170. By Senator Oden of the 46th:
A bill to provide that all powers, duties and functigns previously performed by the state entomologist shall be vested in the director of entomology; and for other purposes.
The report 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.
SB 174. By Senator Gross of the 31st:
A bill to amend section 73-216 of the code of 1933, sub-section 3 to change

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JOURNAL OF THE SENATE,

the figures "0.25," relative to the sulphur content of gasoline and amending section 73-216 by striking the words "United States government bureau of mines," and substituting the words "federal specifications 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 68. By Messrs. Durden of Dougherty, Culpepper of Fayette and Harris of Richmond:
A RESOLUTION
Proposing an amendment to Article 7, Section 7, Paragraph l, of the Constitution of Georgia by providing that Revenue Anticipation Obligation.i shall not be deemed debts of or to create debts against the political subdivision issuing such obligations; and for other purposes.
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 may be 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 provide funds to extend, repair or improve any such existing facility. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political sub-division, and 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, repair, 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 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

THURSDAY, MARCH 4, 1943

691

shall be published and submitted to the people for ratification or rejection at the next general election, as provided by law.

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:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Cooper Dantzler Dean Ennis Estes

Eubank Foster Fowler Griner Hall Harrison Hollis Ingram Jones Kaigler Kennon Kimbrough Lester Lovett

Martin Millican Moore Newton Oden Peterson Pittman Shannon Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Arnall, Clements, Forester, Hampton, Kennedy, Pope, Preston, Raynor, and Whitworth of the 30th.

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.

SR 57. By Senators Atkinson of the 1st and Williams of the 5th:
A resolution memoralizing congress to direct the board of United States engineers, or some other public authority, to investigate and study the feasibility, practicability and financial justification for creating a comprehensive marketing system for the agricultural products of the United States; and for other purposes.

The resolution was adopted.

SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Forester of the 44th:
A resolution proposing an amendment to article 5, section 1, paragraph 4,

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JOURNAL OF THE SENATE,

of the constitution, providing that returns of every election of Governor shall be in such manner as is prescribed by the General .f\ssembly; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that further action on Senate Resolution No. 56 be postponed until March 8, 1943, and the consent was granted.
SR 43. By Senator Atkinson of the 1st: A resolution approving the suspension of the collection of $75.00 of the $100.00 tax imposed on dance halls in Georgia during 1941 and 1942; and for other purposes.
Senator Bloodworth of the 22nd moved the previous question and the motion prevailed.
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 33, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Whitworth of the 38th asked unanimous consent that the following bill be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted.
SB 215. By Senator Whitworth of the 38th: A bill to provide additional regulations for the registration of voters in Paulding county; and for other purposes.
The consent was granted.
The following resolution of the Senate was read the third time and put upon its adoption:
SR 63. By Senators Gross of the 31st, Atkinson of the 1st, Terrell of the 19th, Harrison of the 17th, Bloodworth of the 22nd, Ennis of the 20th, and others: A resolution to provide for a commission to draft a new consj:itution to be submitted to the next General Assembly; 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 36, nays 1.

THURSDAY, MARCH 4, 1943

693

The resolution, having received the requisite constitutional majority, was adopted.
Senator Atkinson of the 1st moved that the Senate do now adjourn, and the motion prevailed.
Under unanimous consent of Senator Atkinson of the 1st on yesterday, the president announced the Senate adjourned until 10 o'clock Monday morning.

694

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Monday, March 8, 1943.
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 Dantzler of the 43rd reported that the journal of Thursday'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 Terrell of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.
The consent was granted.
The president introduced to the Senate the daughters of Senators Peterson, Eubank, and Pope.
Senator Stark of the 33rd asked unanimous consent to withdraw his notice of a motion to reconsider Senate Bill No. 180, passed Thursday, and the consent was granted.
The president asked unanimous consent that the Senate recess at l o'clock today and re-convene at 4 o'clock and the consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 222. By Senator Millican of the 52nd: A bill to regulate the sale of second hand watches; and for other purposes.
Referred to Committee on State of Republic.
SB 223. By Senator Millican of the 52nd: A bill to authorize judges of the superior courts to continue grand juries

MONDAY, MARCH 8, 1943

695

in session beyond the end of any term of court for which they were impanelled; authorizing judges of superior courts to draw and impanel special grand juries; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 224. By Senator Millican of the 52nd: A bill to amend the pension act of the City of Atlanta to provide that school teachers or employees of schools taken over shall come under said pension system upon payment of percentages of former salary into such fund; and for other purposes.
Referred to Committee on Municipal Government.
SB 225. By Senator Millican of the 52nd: A bill to amend the pension act of Fulton county to provide employees of any department of any municipality within the county, becoming employees of the county by virtue of consolidation by operation of law, may vote to share in the pension; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 226. By Senator Millican of the 52nd: A bill to amend the pension act of the City of Atl~nta to provide that employees whose departments were consolidated and who made payment of amounts provided by law, shall continue under the city pension fund; and for other purposes.
Referred to Committee on Municipal Government.
SB 227.. By Senator Forester of the 44th: A bill to authorize the sheriff of Dade county to draw a salary of $75.00 per month from the county in addition to the fees now paid the sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 228. By Senator Gross of the 31st: A bill to create the Rhodes property commission; to authorize the commission to exchange the Rhodes Memorial Hall property on Peachtree street for certain property the Rhodes estate owns on the east side of Capitol avenue; and for other purposes.
Referred to Committee on State of Republic.
SB 229. By Senator Whitworth of the 30th: A bill to amend an act incorporating the Town of Hull, so as to confer on

696

JOURNAL OF THE ~NATE,

the mayor and council the power and authority to regulate the use of its streets for business purposes; and for other purposes.
Referred to Committee on Municipal Government.
SB 230. By Senator Atkinson of the 1st: A bill to create a commission to be known as the mansion site lease commission; to authorize said commission in the name and on behalf of the state; to execute a lease contract with the Henry Grady Hotel Company; and for other purposes.
Referred to Committee on State of Republic.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed as amended by the requisite constitutional majority the
following bills of the Senate, to wit:
SB 54. By Senator Arnold of the 26th: A bill to cede and convey to the City of Griffin, the fee simple title to the land known as Camp Northern, which was donated to the state in 1893; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
SB 92. By Senator Raynor of the 4th: A bill to amend chapter 92-11, of the code of 1933, by striking therefrom section 92-1104, which levys a $10 tax on gasoline trucks; and for other purposes.
SB 70. By Senator Millican of the 52nd:
A bill to amend an act entitled "Motor fuel tax law," to make tax on gasoline deductible from income tax; and for other purposes.
SB 123. By Senator Forester of the 44th: A bill authorizing and directing proper officers of Dade county to pay sheriff $100.00 per month, in addition to fees now paid; and for other purposes.
SB 133. By Senator Eubank of the 29th: A bill to change from the fee to the salary system in Columbia county, the clerk of the superior court, the sheriff, and the tax commissioner; and for other purposes.

MONDAY, MARCH 8, 1943

697

The House has passed by the requisite constitutional majority the following resolutions of the House, to wit:
HR 133. By Messrs. Jennings of Terrell, Durden and Smith of Dougherty, ancl others: A resolution providing for the payment of benefits to Mrs. J. D. Bridges, and her two minor children whose husband was accidentally killed February 11, 1943, while in line of duty as a member of the state guard.
HR 137. By Mr. Gilbert of Glynn:
A resolution to authorize the state properties commission to sell all of the right, title, and interest which the state has or may have in and to a tract of marsh land containing 930 acres, more or less, in Glynn county; and for other purposes.
The House has passed by the reqmsite constitutional majority the following bills and resolutions of the House, to wit:
HR 43. By Mr. Gaskins of Berrien: A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the City of Ray City to incur a bonded indebtedness for the purpose of refunding and retiring its existing bonded indebtedness; and for other purposes.
HR 102. By Messrs. Brewton of Evans, Howard of Long, and others:
A resolution requesting the federal government to inclose the area comprising the Camp Stewart anti-aircraft base with a fence or fencing sufficient to keep cattle and hogs from entering said area; and for other purposes.
HR 107. By Messrs. Guyton of Effingham, Park of Greene, and Brunson of Bulloch: A resolution specifying the manner of pledging allegiance to the Georgia flag; and for other purposes.
HR 115. By Mr. McNall of Chatham:
A resolution proclaiming "Juliette Low Girl Scout Day" for the observance and commemoration of the founding of the girl scout movement in the United States by Juliette Gordon Low; and for other purposes.
HR 120. By Messrs. Parks of Greene, Hooks of Emanuel, Yawn of Dodge, and others: A resolution requesting congressmen and senators from the state to advocate an amendment to the federal social security act so as to equalize the payment from federal funds to the end that each and every recipient,

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in whatever state he might live, would receive exactly the same amount therefrom; and for other purposes.
HR 129. By Mr. McCracken of Jefferson: A resolution to provide for the furnishing of supreme court reports and court of appeals reports to the clerk of the superior court of Jefferson county; and for other purposes.
HR 142. By Messrs. Gilbert and Gowen of Glynn: A resolution to declare the proper name of a certain island m Glynn county to be "Sea Island"; and for other purposes.
HR 149. By Mr. Horne of Crisp: A resolution to propose an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the City of" Cordele, Crisp County, or either of them to enter into contracts with each other, or with a hospital authority without the necessity of an election and irrespective of the debt limitation provision of the constitution; and for other purposes.
HB 361. By Messrs. Broome, Hubert, Turner of DeKalb: A bill to provide for the examination for qualified electrician, for the right to engage in said vocation in DeKalb county; and for other purposes.
HB 385. By Messrs. Elliott, Smith, Copeland of Muscogee: A bill to provide how members of county boards of education shall hf' selected in counties containing less than five militia districts; and for other purposes.
HB 539. By Messrs. Hubert, Broome, Turner of DeKalb: A bill to authorize the board of county commissioners, county commissioner or other county administrative authority of Fulton or DeKalb county to condemn or acquire lands for public parks; and for other purposes.
HB 541. By Mr. Reynolds of Clayton: A bill to provide for and fix the hours of keeping open of polls in general, special, primary and other elections at precincts in Clayton County; and for other purposes.
HB 549. By Mr. Adams of Wheeler: A bill to an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the town of Glenwood to incur a bonded indebtedness; and for other purposes.
HB 557. By Mr. McCracken of Jefferson:

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699

A bill to require the payment of fees of clerks and sheriffs of the superior court in divorce cases in Jefferson county; and for other purposes.
HB 558. By Mr. Willbanks of Cherokee: A bill to provide payment by Cherokee county of actual costs 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.
HB 573. By Mr. Gray of Houston: A bill to provide that the board of commissioners of Houston county shall divide the county into five districts; to provide that one member of the board of education shall be elected from each said district; and for other purposes.
HB 580. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to provide pensions for police and firemen in counties having a population of 200,000 or more; and for other purposes.
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to require all applicants for divorce in the superior court of Richmond county to deposit fees with the clerk of said court, before the filing of such applicant's petition for divorce; and for other purposes.
HB 603. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to propose an amendment to paragraph two of section six of article seven of the constitution so as to authorize in Richmond county a retirement or pension fund for county employees; and for other purposes.
HB 604. By Mr. Miller of Lanier: A bill to abolish the county court of Lanier; and for other purposes.
HB 605. By Mr. Miller of Lanier: A bill to provide for the holding of four terms each year of Lanier superior court; and for other purposes.
HB 607. By Mr. Thomas of Chattooga: A bill proposing an amendment to article 7, section 7, paragraph 1, of the constitution to permit the county board of education of Chattooga county, or the trustees of the Summerville school district or other proper authority to issue bonds in an amount not to exceed $35,000.00; and for other purposes.
HB 612. By Messrs. Harris, Holley, and Nicholson of Richmond:

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A bill to fix the salaries of all deputies and assistants of the county officials of Richmond county; and for other purposes.
HB 233. By :\lessrs. Smith and Durden of Dougherty, and others:
A bill to amend the motor fuel tax law by striking therefrom the words and figures "two hundred degrees" (200o) where they appear, relating to flash point of gasoline; and for other purposes.
HB 318. By Messrs. Cannon of Rockdale, and Rossee of Putnam: A bill to repeal code section 84-102 in its entirety, pertaining to the duties of the secretary of state and the joint-secretary of state examining boards; and for other purposes.
HB 322. By Messrs. MeN all, Grayson, and Alexander of Chatham: A bill to amend title 52 of the code entitled "Hotel and inns," to provide that hotels and inn keepers shall not be responsible for loss or theft of valuables in excess of $300.00 where the valuables are kept in safe; and for other purposes.
HB 370. By ;\;lessrs. Kendrick of Fulton, McNall of Chatham, and others: A bill to amend the unemployment compensation law, to provide for the collection of unemployment contributions in default by the commissioner of revenue; and for other purposes.
HB 420. By Messrs. Gowen of Glynn, Ferguson of Camden, and others:
A bill providing that the state may enter into a compact with anyone or more of the states of the Atlantic seaboard, to promote the better utilization of fisheries, and to create the Atlantic states marine fisheries commission; and for other purposes.
HB 430. By Messrs. Smith and Copeland of Muscogee:
A bill to amend section 4-214 of the 1933 code which defines the circumstances under which an agency may be revoked and providing that the death of a person who has executed a power of attorney, under certain circumstances, shall have the same force and effect as though coupled with an interest with the property itself; and for other purposes.
HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham: A bill to amend, revise, consolidate and supersede the several acts mcorporating the Town of Tallulah Falls; and for other purposes.
HB 513. By Mr. Gowen of Glynn: A bill to amend the acts of the General Assembly of 1941 so as to require the department of public health to issue a certificate of birth showing the

MONDAY, MARCH 8, 1943

701

birthplace of the child to be the place of residence of the parents by adoption or the residence of the child; and for other purposes.
HB 543. By Mr. Kendrick of Fulton: A bill to provide that all state owned textbooks, test workbooks, work book texts, work books, drawing books, and writing books used in the schools of Georgia shall be printed or manufactured within the state; and for other purposes.
HB 586. By Mr. Norman of Henry: A bill to fix the annual salary of Henry county commissioners at two hundred and seventy ($270.00); and for other purposes.
HB 587. By Mr. Norman of Henry: A bill to raise the salary of the clerk of the board of commissioners of Henry county to sixty-five dollars per month; and for other purposes.
HB 588. By Mr. Clark of Catoosa: A bill to establish a new charter for the Town of Ringgold and to re-incorporate said town under the name of the "Town of Ringgold" and to define its territorial limits; and for other purposes.
HB 589. By Messrs. Gowen and Gilbert of Glynn: A bill to authorize the commission of the City of Brunswick to close the alley between sections nine and ten of the Dart homestead tract, to authorize the conveyance of the same to the adjoining property owners; and for other purposes.
HB 590. By Mr. Mcintosh of Mcintosh: A bill to authorize the City of Darien to close a certain portion of a street within said city and to sell and dispose of said part so closed, by public or private sale; and for other purposes.
HB 597. By Messrs. Kelly and Hart of Thomas: A bill to amend the charter of the City of Thomasville; to provide for a commissioner-city managers form of government; and for other purposes.
HB 599. By Mr. Reynolds of Clayton: A bill to repeal an act entitled "Clayton commissioners' pay"; and for other purposes.
HB 600. By Messrs. Campbell and Livingston of Polk: A bill to amend the several acts incorporating the Town of Rockmart, to confer additional powers upon the corporate authorities thereof; and for other purposes.

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JOURNAL OF THE SENATE,

HB 602. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to provide that the judge of the city court of Richmond county shall be permitted to practice law; and for other purposes.

HB 608. By Messrs. Welsch and Dorsey of Cobb:
A bill to amend an act creating a new charter for the mayor and council and of the Town of Smyrna to provide power and authority to pass zoning laws; and for other purposes.

HR 111. By Messrs. Weaver, Barfield and Wilson of Bibb: A resolution proposing an amendment to article 11, section 1, of the constitution so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to wit:

HB 445. By Mr. Dorsett of Douglas:
A bill to amend an act amending an act creating the office of tax commissioner of Douglas county; and for other purposes.
Mr. Hollis of the 24th 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/or 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:

SB 145 SB 169 SB 170 SB 174 SB 180 SB 200 SB 202 SR 43
SR 57
SR 63

Respectfully submitted,
M. R. Hollis of 24th district, Chairman.

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703

The following bills and resolutions of the House read the first time and referred to committees: HB 233. By Messrs. Smith and Durden of Dougherty, Odum of Baker, and
Bargeron of Burke: A bill to amend the motor fuel tax act relating to the flash point of gasoline, kerosene, and other petroleum products; and for other purposes.
Referred to Committee on Finance.
HB 318. By Messrs. Cannon of Rockdale, and Rossee of Putnam: A bill to repeal code section 84-102, pertaining to the duties of the secretary of state and the joint-secretary of the state examining boards; and for other purposes.
Referred to Committee on State of Republic.
HB 322. By Messrs. McNall, Grayson and Alexander of Chatham: A bill to amend title 52 of the code entitled "Hotels and inns," to provide that hotels and innkeepers shall not be responsible for loss or theft of valuables in excess of $300.00 where the valuables are kept in safe; and for other purposes.
Referred to Committee on Special Judiciary.
HB 361. By Messrs. Broome, Hubert, Turner of DeKalb: A bill to provide for the examinatiofl for qualified electrician for the right to engage in said vocation in DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 370. By Messrs. Kendrick of Fulton, MeN all of Chatham, and Holley of Richmond, and Weaver of Bibb: A bill to amend an act known as the unemployment compensation law, to provide for the collection of unemployment contributions in default by the commissioner of revenue; and for other purposes.
Referred to Committee on Industrial Relations.
HB 385. By Messrs. Elliott, Smith, Copeland of Muscogee: A bill to provide how members of county boards of education shall be selected in counties containing less than five militia districts; and for other purposes.
Referred to Committee on Education and Public Schools.
HB 420. By Messrs. Gowen of Glynn, Ferguson of Camden, Grayson of Chatham, and others:

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JOURNAL OF THE SENATE,

A bill providing that the state may enter into a compact with any one or more of the states of the Atlantic seaboard, to promote the better utilization of fisheries and to create the Atlantic states marine fisheries commission; and for other purposes.
Referred to the Committee on Game and Fish.
HB 430. By Messrs. Smith and Copeland of Muscogee: A bill to amend section 4-214 of the 1933 code which defines the circumstances under which an agency may be revoked and providing that the death of a person who has executed a power of attorney, under certain circumstances, shall have the same force and effect as though coupled with an interest in the property itself; and for other purposes.
Referred to Committee on Special Judiciary.
HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham: A bill to amend, revise, consolidate and supersede the several acts incorporating the Town of Tallulah Falls; and for other purposes.
Referred to Committee on Municipal Government.
HB 513. By Mr. Gowen of Glynn: A bill to amend the acts of the General Assembly of 1941, so as to require the department of public health to issue a certificate of birth showing the birthplace of the child to be the place residence of the parents by adoption, or the residence of the child ; and for other purposes.
Referred to the Committee on the State of Republic.
HB 539. By Messrs. Hubert, Broome, Turner of DeKalb: A bill to authorize the board of county commissioners, or other administrative authority of DeKalb or Fulton counties to acquire, within the unincorporated areas of their respective counties, lands for use as public parks; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 541. By Mr. Reynolds of Clayton: A bill to provide for and fix the hours of keeping open polls in general, special, and primary and other elections at precincts in Clayton County; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 543. By Mr. Kendrick of Fulton: A bill to provide that all state owned textbooks, test workbooks, etc., used

MONDAY, MARCH 8, 1943

705

in the schools of Georgia shall be printed or manufactured within the state; and for other purposes.
Referred to the Committee on State of Republic.
HB 549. By Mr. Adams of Wheeler: A bill to propose an amendment to Article 7, section 7, paragraph 1, of the constitution so as to authorize the Town of Glenwood to incur a bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to Constitution.
HB 557. By Mr. McCracken of Jefferson: A bill to require the payment of fees of clerks and sheriffs of the superior court in divorce cases in Jefferson county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 558. By Mr. Willbanks of Cherokee: A bill to provide payment by Cherokee county 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.
Referred to Committee on Counties and County Matters.
HB 573. By Mr. Gray of Houston: A bill to provide that the board of commissioners of roads and revenues of Houston county shall divide the county into five districts; to provide that one member of the board of education shall be elected from each of said districtg; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 580. By MesHs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to provide pensions for police and firemen in counties having a population of 200,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 586. By Mr. Norman of Henry: A bill to fix the annual salary of Henry county commissioners at two hundred and seventy ($270.00) ; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 587. By Mr. Norman of Henry: A bill to raise the salary of the clerk of the board of commtsstoners of Henry county to sixty-five dollars per month; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.
HB 588. By Mr. Clark of Catoosa: A bill to create and establish a new charter for the Town of Ringgold and to reincorporate said town under the name of the "Town of Ringgold" and to define its territorial limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to authorize the commission of the City of Brunswick to close the alley between sections nine and ten of the Dart homestead tract; to authorize the conveyance of the same to the adjoining property owners; and for other purposes."
Referred to Committee on Municipal Government.
HB 590. By Mr. Mcintosh of Mcintosh: A bill to authorize the City of Darien to close a certain portion of a street and to sell and dispose of said part so closed, by public or private sale; and for other purposes.
Referred to Committee on Municipal Government.
HB 597. By Messrs. Kelley and Hart of Thomas: A bill to amend the charter of the City of Thomasville ; to provide for a commissioner-city manager form of government; and for other purposes. Referred to Committee on Municipal Government.
HB 599. By Mr. Reynolds of Clayton: A bill to repeal an act entitled "Clayton commissioners' pay"; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 600. By Messrs. Campbell and Livingston of Polk: A bill to amend an act to amend, consolidate and supersede the several acts incorporating the Town of Rockmart; to confer additional powers upon the corporate authorities thereof; and for other purposes.
Referred to Committee on Municipal Government.
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to require all applicants for divorce in the superior court of Richmond county to deposit with the clerk of said court, before the filing of such

MONDAY, MARCH 8, 1943

707

applicant's petition for divorce, the sum of fifteen ($15.00) dollars as costs deposit instead of six ($6.00); and for other purposes.
Referred to Committee on Counties and County Matters.
HB 602. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to provide that the judge of the city court of Richmond county shall be permitted to practice law; and for other purposes.
Referred to Committee on Municipal Government.
HB 603. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to propose an amendment to paragraph two of section six of article seven of the constitution so as to authorize in Richmond county a retirement or pension fund for county employees; and for other purposes.
Referred to Committee on Amentment to Constitution.
HB 552. By Mr. McCracken of Jefferson and others: A bill to abolish the state examining boards included in title 84 of the code of 1933 and to create in lieu thereof state examining commissions; and for other purposes.
Referred to Committee on State of Republic.
HB 604. By Mr. Miller of Lanier: A bill to abolish the county court of Lanier; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 605. By Mr. Miller of Lanier: A bill to provide for the holding of four terms each year of Lanier superior court; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 607. By Mr. Thomas of Chattooga: A bill proposing an amendment to article 7, section 7, paragraph 1, of the constitution to permit the county board of education of Chattooga county, or other proper authority, to issue bonds m an amount not to exceed $35,000.00; and for other purposes.
Referred to Committee on Amendments to the Constitution.
HB 608. By Messrs. Welsch and Dorsey of Cobb: A bill to amend an act creating a new charter for the mayor and council and of the Town of Smyrna by providing for zoning laws; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salaries of all deputies and assistants of the county officials of Richmond county; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 43. By Mr. Gaskins of Berrien: A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the City of Ray City to incur a bonded indebtedness for refunding and retiring its existing bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to the Constitution.
HR 102. By Messrs. Brewton of Evans, Howard of Long, and others: A resolution requesting the federal government to enclose the area comprising the Camp Stewart anti-aircraft base with a fence; and for other purposes.
Referred to Committee on Public Property.
HR 107. By Messrs. Guyton of Effingham, Park of Greene, and Brunson of Bullock: A resolution specifying the manner of pledging allegiance to the Georgia flag; and for other purposes.
Referred to Committee on State of Republic.
HR Ill. By Messrs. Weaver, Barfield, and Wilson of Bibb: A resolution proposing an amendment to article 11, section 1, of the constitution so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation; and for other purposes.
Referred to Committee on Amendments to the Constitution.
HR 115. By Mr. McNall of Chatham: A resolution directing the Governor to proclaim March 12th as "Juliette Low Girl Scout Day"; and for other purposes.
Referred to Committee on State of Republic.
HR 120. By lVIessrs. Parks of Greene, Hooks of Emanuel, Yawn of Dodge and others:

MONDAY, MARCH 8, 1943

709

A resoiution requesting congressmen and senators from Georgia to introduce and advocate an amendment to the federal social security act so as to equalize the payment from federal funds; and for other purposes.
Referred to Committee on State of Republic.
HR 129. By Mr. McCracken of Jefferson: A resolution to provide for the furnishing of supreme court reports and court of appeals reports to the clerk of the superior court of Jefferson county; and for other purposes.
Referred to Committee on Public Library.
HR 133. By Messrs. Jennings of Terrell, Durden and Smith of Dougherty and others: A resolution providing for the payment of benefits to Mrs. J. D. Bridges and her two minor children whose husband was accidentally killed while serving state guard duty; and for other purposes.
Referred to Committee on Military Affairs.
HR 137. By Mr. Gilbert of Glynn: A resolution authorizing state properties commtss10n to sell all the right, title, and interest which Georgia has in tract of Glynn county marsh land; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 142. By Messrs. Gilbert and Gowen of Glynn: A resolution to declare the proper name of a certain island in Glynn county to be "Sea Island"; and for other purposes. Referred to Committee on Counties and County Matters.
HR 149. By Mr. Horne of Crisp: A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the City of Cordele, Crisp County, or either of them, to enter into contracts with each other or with a hospital authority without necessity of an election; and for other purposes.
Referred to Committee on Amendments to the Constitution.
Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters have had under considera-

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JOURNAL OF THE SENATE,

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:

SB 215. Do Pass

Respectfully submitted, Moore of 32nd district, Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Y OUr Committee on Municipal Government have had under consideration th.. following bill of the Senate and have instructed me as Chairman, to report the sam~ back to the Senate with the following recommendations:

SB 221. Do Pass

Respectfully submitted, R. A. Ingram of 51st district, Chairman.

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

SB 199. By Senators Atkinson of the 1st, Terrell of the 19th, and Newton of the 47th:
A bill to authorize a state board of prisons to set up points or stations for receiving all prisoners for the purpose of being examined, finger-printed, and classified according to health, criminal records, race, age and sex, and to provide for segregation of prisoners; and for other purposes.

SB 214. By Senators Simmons of the 8th, Estes of the 35th, Arnall of the 36th,
Millican of the 52nd, and Williams of the 5th: A bill making legal in the state any foods subject to and complying with the federal food, drug and cosmetic act; and for other purposes.

SB 218. By Senator Simmons o the 8th:
A bill to amend the motor fuel tax law to provide for reports to the comptroller general by distributors, shall be filed on the last day of the month instead of the 20th; and for other purposes.

SB 221. By Senators Lovett of the 16th and Hall of the 50th:
A bill to amend the charter of the City of Dublin, to authorize the mayor to suspend any officer or employee for cause, and to provide for a hearing by the board of aldermen; and for other purposes.

MONDAY, MARCH 8, 1943

711

HB 459. By Mr. Thigpen of Glascock: A bill to authorize the state board of health to issue birth certificates only as to the name of child, date of birth, place of birth, color and sex; and for other purposes.
The following local uncontested bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 210. By Senator Harrison of the 17th: A bill to establish the city court of Millen; and for other purposes.
\
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 212. By Senator Gross of the 31st: A bill to provide for the holding of four terms each year of Stephens superior court and to fix the dates; and for other purposes.
The report 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.
SB 215. By Senator Whitworth of the 38th: A bill to provide additional regulations for the registration of voters in Paulding county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Whitworth of the 38th asked unanimous consent that SB 215 be immediately transmitted to the House and the consent was granted.
SB 216. By Senator Shannon of the 21st: A bill to provide that the sheriff of Twiggs county shall be paid a salary of $100.00 per month in addition to other fees; and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 217. By Senator Shannon of the 21st: A bill to provide a new schedule of commissions to be paid the tax commissioner of Twiggs county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 495. By Mr. Boyton of Union: A bill establishing a new charter for the City of Blairsville; and for other purposes.
Senator Foster of the 40th offered the following amendment: Amend HB 495 by striking the word "March" in the second line of section 6 and adding in lieu thereof the word "May," and by striking the word "March" wherever the same appears in said bill and substituting in lieu thereof the word "May."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, vvas agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
H B 332. By Mr. Cannon of Rockdale: A bill to prohibit the solicitation of voters or handing out of literature at the polls in Rockdale county at any election; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \\as :t)!reed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 567. By :\Ir. Crummey of Wilcox:

MONDAY, MARCH 8, 1943

713

A bill to repeal the act abolishing the office of county treasurer of Wilcox county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 575. By Mr. Yawn of Dodge: A bill to require the commissioner of Dodge county to employ a certified public accountant annually to audit the books of various county officials; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 582. By Mr. Minchew of Atkinson: A bill to abolish the offices of tax recetver and tax collector of Atkinson county and to create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 101. By Mr. Thomas of Chattooga: A resolution to authorize the budget commission to pay the sum of $350.00
to Dr. 0. A. Selman for past due rent on the Chattooga County Bank
building now in liquidation, and to surrender possession of the property; 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 42, nays 1.
The resolution, having received the requisite constitutional majority, was <!dopted.
Senator Lester of the 18th asked unammous consent that the following bill be

714

JOURNAL OF THE SENATE,

withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted:
SB 193. By Senator Lester of the 18th: A bill to amend section 92-5510 of the code of 1933 by striking the words "from the time the bonds are executed" and substituting language to provide from the time of the issuance of an execution or other legal process; and for other purposes.
The consent was granted.
Senator Lester of the 18th asked unanimous consent that the following bill be withdrawn from the Committee on State of Republic, read the second time and recommitted:
HB 93. By Mr. Burnside of McDuffie: A bill to provide the manner in which justices of the peace and constables shall be compensated in criminal cases; and for other purposes.
The consent was granted.
The following bills and resolutions were read the third time and put upon their passage:
SB 181. By Senator Williams of the 5th: A bill to amend the act providing for the chartering of non-profit corporations to furnish group hospital service to provide the state department of public welfare must approve and supervise the administration of such 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 5, nays 23.
The bill, having failed to receive the requisite constitutional majority, was lost.
The hour for convening the joint session of the Senate and House, as provided for in a previous resolution, having arrived, the president accompanied by the secretary and members of the Senate, repaired to the hall of the House of Representatives, for the purpose of hearing a program by the a capella choir of Milledgeville.
The president called the General Assembly to order.
The secretary read the resolution convening the joint session.
The a capella choir of Milledgeville rendered a most delightful program.
Mr. Durden of Dougherty moved that the joint session do now dissolve and the motion prevailed.

MONDAY, MARCH 8, 1943

715

The Senate reconvened in regular session.
The president introduced to the Senate Rev. F. J. Hendrix, Baptist minister of
Colbert, Georgia. The following bills and resolutions were read the third time ~nd put upon their
passage.
SB 189. By Senators Arnall of the 36th and Arnold of the 26th: A bill to amend section 75-412 of the code of 1933, by providing for the use of the word "company," or other general terms to denote special partners; for the use of trade names; for the registration of such firm name; and for other purposes.
Senator Ennis of the 20th offered the following amendment:
Amend SB 189, by adding the following after the word "its" in line 16, section 1, and also at the end of the last line of new code section 75-412 of section 1, "Provided that in all cases when the firm is a limited partnership the firm name shall have added the word "limited" in parentheses, so that all persons dealing with the ,partnership may know that the firm name identifies a limited partnership.
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 28, nays 3.
The bill, having received the requisite constitutional majority, was passed as .amended .
.SB 198. By Senators Atkinson of the 1st, Terrell of the 19th, and Newton of the 47th: A bill to repeal section 77-401 of the code of 1933 by providing that insane convicts shall be removed to the Milledgeville state hospital during the term for which sentenced, or until cured; and for other purposes.
Senator Terrell of the 19th offered the following substitute:
A BILL
To be entitled an Act to repeal Section 77-401 of the Code of 1933, which provides for the care of insane convicts at the Prison Farm and to insert in lieu thereof a new section of the Code to be known as Section 77-401 and providing therein that insane convicts shall be removed from the penitententiary or public works camps to and kept at Milledgeville State Hospital during the term for which they may have been sentenced, or until insanity

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JOURNAL OF THE SENATE,

cured, and providing for the care, maintenance and treatment of such convicts; and for other purposes.
Section I. Be it enacted by the General Assembly of Georgia. and it is hereby enacted by authority of the same, that Section 77-401, of the Code of 1933 which provides for the care of insane convicts at the Prison Farm, be and the same is hereby repealed.
Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that there be, and there is hereby enacted a ne\v Section 77-401, which new section shall be in lieu of the repealed Code section and shall read as follows:
"77-401. Insane convicts to be cared for at :\lilledgeville State Hospital. If a convict sentenced to the penitentiary or to some public works camp be, or after sentence, shall become insane, such convict shall be tried for insa!lity in whatever county he may be so located and before such authorities who have jurisdiction of such cases. and upon being adjudged insane, he shall be removed by the State Board of Prisons or such other authorities who have the custody and control of convicts to the Milledgeville State Hospital and kept there during the term for which he may have been sentenced, or until his insanity is cured, and the State Board of Prisons shall make provisions with the Milledgeville State Hospital for the cure, maintenance, and medical treatment of such insane convict as are proper in such cases."
Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and they are hereby repealed.
Senator Kennedy of the 2nd offered the following amendment to the substitute:
Amend substitute to SB 198 by adding the following words to the last of Section 2 thereof: "Provided, however that the expenses of the lunacy trial of all prisoners or convicts located at the Tattnall State Prison shall be paid by the county from which said prisoners or convict was sent to said Tattnall State Prison".
The amendment to the substitute was adopted.
The substitute was adopted as amended.
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 I.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Terrell of the 19th asked unanimous consent that SB 198, be Immediately transmitted to the House and the consent was granted.

MONDAY, MARCH 8, 1943

717

SB 219. By Senator Lester of the 18th:
A bill to amend chapter 74-4 of the code of 1933 as amended by an act entitled "Adoption of children", by striking the words "Resident 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Lester of the 18th asked unanimous consent that SB 219, be imme.diately transmitted to the House and the consent was granted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
.SB 54. By Senator Arnold of the 26th:
A bill to cede and convey to the City of Griffin, the fee simple title to the land known as Camp Northern, which was donated to the state in 1893; and for other purposes.
The House offered the following amendment:
By Messrs. Hightower and Swint of Spalding:
Amend SB 5-l, by striking the period after the word "land" in Section I and inserting in lieu thereof a comma and adding thereto the following: provided, that the City of Griffin and its board of Commissioners shall have no power or authority to grant, sell or convey the land described herein or any part thereof, until the grant -or sale shall have been ratified by majority vote of the qualified voters of said city voting in an election especially called for said purpose. A notice of said election shall be published in the official gazette in and for Spalding County once a week for four (4) successive weeks, next preceding said election date, stating the time and place for said election and the purpose for which the same is to be held.
So that said Section I as amended shall read as follows: That the State of Georgia reserving only the right of eminent domain, hereby cedes and quit claims to the City of Griffin the fee simple title to all of said tract of land, provided that the City .of Griffin and its Board of Commissioners shall have no power or authority to grant, sell or convey the lands described herein or any part thereof, until the grant or sale .shall have been ratified by a majority vote of the qualified voters of said City voting in an election especially called for said purpose. A notice of said election shall be published in the official gazette in and for Spalding County once a week for four successive weeks next preceding said election date, stating the time and place for .said election and the purpose for which same is to be held.

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JOURNAL OF THE SENATE,

Senator Arnold of the 26th moved t~at the Senate concur in the House amendment.
On the motion to concur, the ayes were 33, nays 0, and the amendment was concurred in.
Senator Lester of the 18th asked unanimous consent that the Senate insist on its substitute the following bill of the House and that a committee of conference be appointed:
HB 67. By Messrs. Deal and Brunson of Bulloch and others: A bill to fix the salary of the deputy insurance commissioner; and for other purposes.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators: Lester of the 18th Williams of the 5th Millican of the 52nd
Senator Lovett of the 16th gave notice that at the proper time he would move that the Senate reconsider its action in the passage of SB 189.
The foJlowing bill of the Senate was read the third time and put upon its passage:
SB 211. By Senator Millican of the 52nd: A bill to regulate the sale of admission tickets to athletic contests of the colleges in the university system of Georgia to prevent scalping; and for other purposes.
The report 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 Millican of the 52nd asked unanimous consent that SB 211 be immediately transmitted to the House and the consent was granted.
The following bill was taken up for the purpose of considering the report of the committee on conference:
H B 174. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act to provide for exemption of taxation to the owner of personal property; and for other purposes.

MONDAY, MARCH 8, 1943

719

The committee on conference offered the following report:
The conference committee appointed by the president of the Senate and Sp~ker of the House to consider the Senate Amendment to HB 174, submit the following recommendation and report. Your conference committee recommends the following amendment be adopted by the House and Senate in lieu of the Senate amendment to wit:
1. That where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim a proportionate exemption of the amount allowed by law in proportion to which the interest of the occupant bears to the total interest of the property.
Respectfully submitted,
On part of the House Brunson of Bulloch Deal of Bulloch Weaver of Bibb

On part of the Senate Senators: Bloodworth of the 22nd
Millican of the 52nd Kennedy of the 2nd

Senator Bloodworth of the 22nd moved that the Senate agree to the report of the committee on conference.

On the motion to agree, the ayes were 38, nays 0, and the conference committee report was agreed to.

At 1 o'clock the Senate recessed and at 4 o'clock reconvened in regular sessiOn.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 93. Do Pass

Respectfully submitted, Lester, of 18th district, Chairman.

Mr. Ansley of the lOth District, Chairman of the Committee on Temperance, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President: Your Committee on Temperance 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:
SB 79. Do Pass by committee substitute. Respectfully submitted, Ansley of lOth district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

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

SB 218. Do Pass.

Respectfully submitted, Simmons of 8th district, Chairman.

:\1r. Hampton of the 41st District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
Your Committee on Hygiene and Sanitation have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 214. Do Pass.

H B 459. Do Pass.

Respectfully submitted, Hampton of 41st district, Chairman.

l\:lr. Pittman of the 42nd District, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
Your Committee on Penitentiary have had under consideration the followinj:l; bill of the Senate and have instructed me as Chairman, to report. the same back t0 the Senate with the following recommendations:

MONDAY, MARCH 8, 1943

721

SB 199. Do Pass.

Respectfully submitted, C. C. Pittman of 42nd district, Chairman.

Mr. Kaigler of the 12th 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:

SB 56. Do Pass by committee substitute. Respectfully submitted, Kaigler of 12th district, Chairman.

The following message was received from the House through l\1r. McCutchen, the Clerk thereof:

:\Jr. President:
The House has passed by the requisite constitutional majority the following bills o{ the Senate to wit:

SB 178. By Senator Millican of the 52nd:

A bill to amend an act to establish a new charter for the City of Atlanta relative to city department of law; and for other purposes.

SB 197. By Senator Kaigler of the 12th:
A bill to repeal an act to organize a county court for the County of Quitman and to establish in lieu thereof a county court of Quitman; and for other purposes.

SB 204. By Senator Boyett of the 11th:
A bill to amend an act which created a board of comm1ss1oners of roads and revenues for Randolph county so as to make the terms of the new commissioners run for four years; and for other purposes.

SB 206. By Senator Atkinson of the 1st:
A bill to revise the several laws creating and establishing the commissioner; ot Chatham county and ex-officio judges, to provide for a change in salary of special woman bailiff of the superior court; and for other purposes.

SB 208. By Senator Harrison of the 17th:

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JOURNAL OF THE SENATE,

A bill to amend an act to establish a board of commissioners of roads and revenues of Jenkins county so as to remove the limitations on the salary of clerk of said board and dispense with the publication of quarterly statements; and for other purposes.
SB 209. By Senator Harrison of the 17th: A bill to repeal an act to create the city court of Millen; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 552. By Mr. McCracken, and others: A bill to abolish the state examining boards included in title 84 of the corle of 1933 and to create in lieu thereof state examining commissions; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bills of the Senate to wit:
SB 125. By Senators Kaigler of the 12th, Pope of the 7th: A bill to amend section 24-2803 of the code by adding a proviso thereto, providing that when a vacancy in the office of sheriff occurs because said sheriff has entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff for the unexpired term; and for other purposes.
Mr. Hollis of the 24th 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/or 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:
SB 210.
SB 212.
SB 216.
SB 217.
SB 211.
Respectfully submitted, M. R. Hollis of 24th district, Chairman.

MONDAY, MARCH 8, 1943

723

Senator Lester of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

\

724

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Tuesday, March 9, 1943. 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 Dantzler of the 43rd 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 Terrell of the 19th asked unanimous consent that the following be established as the order of business for today:
l. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted.
The following privileged resolution was read and adopted:
By Senators Ansley of the lOth, Jones of the 3rd, Pope of the 7th, Bloodworth of the 22nd, Foster of the 40th, Williams of the 5th, Ingram of the 51st, Kennedy of the 2nd, Dantzler of the 43rd, Peterson of the 15th, Kaigler of the 12th, Thigpen of the 49th and Harrison of the 17th:
A resolution whereas, the wife and young son of the Senator from the 52nd are in attendance with the Senate,
Therefore, be it resolved, that they both be granted the privileges of the floor, and that Everett .:\Iillican, Jr., be made assistant messenger of the Senate for the day.
A privileged resolution by Senator Boyett of the 11th extending the privileges of the floor to ex-Senator Hass of Terrell county, was read and adopted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:

TUESDAY, MARCH 9, 1943

725

Mr. President: The House has passed as amended by the requisite constitutional majority the
following bills of the Senate to wit:
SB 140. By Senator Ennis of the 20th: A bill to amend section 64-205 of the code of 1933 relating to the hours of labor by all persons under 21 years of age in all manufacturing establishments or machine shops other than cotton and woolen manufacturing establishments and the time of meals and contracts, by changing the age from 21 years to 18 years; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 58. By Mr. Burnside of McDuffie: A resolution to propose an amendment to article 8, section 4, paragraph 1, of the constitution relating, among other things, to the consolidation of local school districts; and for other purposes.
HR 118. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A resolution proposing an amendment to article 7, section 6, paragraph 1, of the constitution to authorize the board of commissioners of roads and revenues of the County of Fulton and the City of Atlanta to make appropriations from county or city funds not derived from taxation to advertise and promote agricultural, industrial and historic development; and for otht>r purposes.
HR 126. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A rt'solution to amend the constitution so as to permit Fulton county to borrow on tax anticipation notes; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 240. By Messrs. Hicks and Littlejohn of Floyd: A bill to amend section 24-2728 of the code of 1933 by providing for fees of clerks in counties having a population of 65,000; and for other purposes.
HB 302. By Mr. Elliott of Muscogee: A bill to amend title 84, chapter 84-2 of the code of 1933 by providing for a state board of accountancy; and for other purposes.
HB 335. By Messrs. Turner, Hubert, Broome of DeKalb, and others: A bill to propose an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the City of Atlanta, Fulton county, and

726

JOURNAL OF THE SENATE,

DeKalb county, or either of them, to enter into contracts with each other, or with a hospital authority; and for other purposes.
HB 424. By Mr. Mixon of Irwin: A bill to repeal section 34-3301 of the code of 1933, relating to the time and manner of giving notice by persons desiring to vote by mail; and for other purposes.
HB 544. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A bill to amend an act amending the charter of the Town of Palmetto, by providing that the electric and steam plant of said town may not be sold except upon assent of two-thirds of the qualified voters of .said town; and for other purposes.
HB 545. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to create a new charter for the Town of Palmetto, by granting the mayor and council of said town the power to fix the salaries of employees; and for other purposes.
HB 609. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to create a new charter for the City of East Point to create the office of deputy marshal; fix zoning laws; and for other purposes.
HB 614. By Mr. Chance of Twiggs: A bill to amend an act creating board of commissioners of Twiggs county by providing that the term of the commissioners shall be for four years ; and for other purposes.
HB 615. By Messrs. Connell and Cowart of Lowndes: A bill to amend the charter of the City of Valdosta; to require clerk to keep itemized statement of all salaries and expenses paid each person; and for other purposes.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend an act providing that the solicitor general of the Augusta circuit shall have the power to appoint a clerk for the office of the said solicitor; to fix his salary; and for other purposes.
HB 622. By Mr. Warnock of Montgomery: A bill to amend the act creating a board of commiSSioners of roads and revenues for the County of Montgomery; and for other purposes.
HB 621. By Mr. Warnock of Montgomery: A bill to repeal the act amending an act creating a new board of commis-

TUESDAY, MARCH 9, 1943

727

sioners of roads and revenues for the County of Montgomery; and for other purposes.
The House has agreed to Senate amendments to the following bills of the House to wit:
HB 495. By Mr. Boynton of Union: A bill to amend, consolidate and supersede the several acts incorporating the City of Blairsville; and for other purposes.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton: A bill to amend section 49-103 (3033) of the code of 1933 entitled "Testamentary guardian; appointment, bond, and dismissal"; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 623. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salaries and compensation of certain officers and deputies of the municipal court of the City of Augusta; and for other purposes.
HB 624. By Mr. Hagan of Screven: A bill to abolish the county treasurer for the County of Screven, to provide for the creation of a depository for said county; and for other purposes.
HB 625. By Mr. Hagan of Screven: A bill to correct an injustice to the county treasurer of Screven county; to provide for a referendum submitting this act to the qualified voters of Screven county; and for other purposes.
HB 626. By Mr. Norman of Henry: A bill to abolish the city court of Henry county, and to transfer all matters pending in such court and all records of file in such court to the superior court of Henry county; to provide for a referendum by the voters of Henry county; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 231. By Senator Millican of the 52nd: A bill to extend the term of the democratic executive committee of the City of Atlanta for one year; and for other purposes. Referred to Committee on Counties and County Matters.
SB 232. By Senator Atkinson of the 1st:

728

JOURNAL OF THE SEl'.'ATE,

A bill to amend the act approved March 21, 1939 (Georgia Laws 1939,
pp. 394-399) by striking section 5 of said act authorizing the commission
to extend existing leases on state property formerly known as the "mansion property"; and for other purposes.
Referred to Committee on State of Republic.
SB 233. By Senators Atkinson of the 1st, Pope of the 7th, Gross of the 31st and Lester of the 18th: A bill to amend section 24-104 of the code to provide that all trial judges having jurisdiction to try and sentence persons charged with misdemeanor shall have power to grant probation at any time prior to the expiration of the sentence; and for other purposes.
Referred to Committee on State of Republic.
SR 66. By Senator Gross of the 31st:
A resolution confirming the action of Ex-Governor Talmadge in exempting state tax on aviation gasoline used in planes owned, leased, or under contract with the United States government; and for other purposes. Referred to Committee on Finance.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 240. By Messrs. Hicks and Littlejohn of Floyd: A bill to amend section 24-2728 of the code of 1933 providing for fees of clerks in counties having less than fifty thousand population by striking the words and figures "fifty thousand" wherever the same appear in said code section and by inserting in lieu thereof the words and figures "sixty-five thousand"; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 302. By Mr. Elliott of Muscogee: A bill to amend title 84, chapter 84-2, of the code of 1933, by providing for a state board of accountancy; and for other purposes.
Referred to Committee on Special Judiciary.
HB 335. By Messrs. Turne of DeKalb, Etheridge of Fulton, and others: A bill to propose an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize the City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a hospital authority, without the necessity of an election and irr<!spective of the debt limitation of the constitution; and for other purposes.
Referred to Committee on Amendments to the Constitution.

TUESDAY, MARCH 9, 1943

729

HB 424. By Mr. Mixon of Irwin: A bill to amend code section 34-3301 of the code of 1933 relating to voting by mail, and to amend code section 34-3308 relating to voucher signed by absentee voter; and for other purposes.
Referred to Committee on the State of Republic.
HB 544. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: A bill to amend an act amending the charter for the Town of Palmetto by providing that the electric and steam plant, distribution lines, etc., of said town may not be sold except upon the assent of two-thirds of the qualified voters; and for other purposes.
Referred to Committee on l\!Iunicipal Government.
HB 545. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to create a new charter for the Town of Palmetto by granting to the mayor and council the power to fix the salaries of officers and employees; and for other purposes.
Referred to Committee on Municipal Government.
HB 609. By lVIessrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to create a new charter for the City of East Point to create the office of deputy marshal, fix zoning laws; and for other purposes.
Referred to Committee on Municipal Government.
HB 614. By Mr. Chance of Twiggs: A bill to amend an act by providing that after the present term of the commissioners of Twiggs county has expired, the next term commencing January 1, 1945, shall be for a period of 4 years; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 615. By Messrs. Connell and Cowart of Lowndes: A bill to amend the charter of the City of Valdosta; to require the clerk to keep an itemized statement of all salaries and expenses paid each person; and for other purposes.
Referred to the Committee on Municipal Government.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend an act providing that the solicitor general of the Augusta

730

JOURNAL OF THE SENATE,

circuit shall have the power to appoint a clerk; to fix his salary; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 621. By Mr. Warnock of Montgomery: A bill to repeal the act amending the act creating a new board of commissioners of roads and revenues for the County of Montgomery; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 622. By Mr. Warnock of Montgomery: A bill to amend the act creating a board of commtss10ners of roads and revenues for the County of Montgomery; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 623. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend an act to fix the salaries and compensation of certain officers and deputies of the municipal court of the City of Augusta; and for other purposes.
Referred to Committee on Municipal Government.
HB 624. By Mr. Hagan of Screven: A bill to abolish the county treasurer of the County of Screven, to provide for the creation of a depository for said county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 625. By Mr. Hagan of Screven: A bill to correct an injustice to the county treasurer of Screven county; and for other purposes.
Referred to Committee on Counties and County Matters. HB 626. By Mr. Norman of Henry:
A bill to abolish the city court of Henry county, and to transfer all matters pending in such court and all records of file in such court to the superior court of Henry county; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 58. By Mr. Burnside of McDuffie: A resolution to propose an amendment to article 8, section 4, paragraph 1,

TUESDAY, MARCH 9, 1943

731

of the constitution relating, among other things, to the consolidation of local school districts; and for other purposes.

Referred to the Committee on Amendments to the Constitution.

H R 118. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A resolution proposing an amendment to article 7, section 6, paragraph 1, of the constitution to authorize the board of commissioners of roads and revenues of the County of Fulton and the City of Atlanta to make appropriations from county or city funds not derived from taxation to advertise and promote agricultural, industrial and historic developments; and for other purposes.

Referred to the Committee on Amendments to the Constitution.

HR 126. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A resolution to propose an amendment to article 7, section 7, paragraph 1, of the constitution so as to authorize Fulton county to make temporary loans ; and for other purposes.

Referred to the Committee on Amendments to the Constitution.

Mr. Ingram of the 51st 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:

HB 597. Do Pass.

HB 588. Do Pass.

Respectfully submitted, R. A. Ingram of 51st district, Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Constitutional Amendments submitted the following report:
Mr. President:
Your Committee on Constitutional Amendments have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

732

JOURNAL OF THE SENATE,

HR 111 - 492A. Do Pass. Respectfully submitted, Pope of 7th district, Chairman.

Mr. Terrell of the 19th 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:

HB 547. Do Pass.

SB 223. Do Pass.

Respectfully submitted, Terrell of 19th district, Chairman.

Mr. Terrell of the 19th 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:

HB 112. Do Pass by substitute. Respectfully submitted, Terrell of 19th district, Chairman.

Mr. Fowler of the 39th District, Chairman of the Committee on Public Property, submitted the following report:

Mr. President:
Your Committee on Public Property have had under consideration the following resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HR 102. Do Pass.

Respectfully submitted, Fowler of 39th district, Chairman.

TUESDAY, MARCH 9, 1943

733

l\1r. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 189. Do Pass by substitute.

HB 437. Do Pass as amended.

HB 558. Do Pass.

HR 142. Do Pass.

HR 137. Do Pass.

HB 541. Do Pass.

HB 599. Do Pass.

HB 586. Do Pass.

HB 587. Do Pass.

HB 361. Do Pass.

HB 604. Do Pass.

HB 605. Do Pass.

HB 557. Do Pass.

HB 580. Do Pass.

SB 225. Do Pass.

SB 227. Do Pass.

HB 573. Do Pass.

Respectfully submitted, G. H. Moore of 32nd district, Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President: Your Committee on Municipal Government have had under consideration the

734

JOURNAL OF THE SENATE,

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:

SB 226. Do Pass. SB 224. Do Pass. SB 229. Do Pass. HB 600. Do Pass.

HB 608. Do Pass.

HB 590. Do Pass.

HB 589. Do Pass by substitute. Respectfully submitted, R. A. Ingram of 51st district, Chairman.

Mr. Eubank of the 29th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 24. Do Pass.

HB 59. Do Pass.

Respectfully submitted, J. E. Eubank of 29th district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic have had under consideration the following bills of the Senate and the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 93. Do Pass

SB 228. Do Pass

SB 230. Do Pass

TUESDAY, MARCH 9, 1943

735

SB 222. Do Pass SR 62. Do Pass

Respectfully submitted, Lester, of 18th district, Chairman.

Mr. Dean of the 34th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. President:
Your Committee on Industrial Relations have had under consideration following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 370. Do Pass

Respectfully submitted, Dean, of 34th district, Chairman.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 222. By Senator Millican of the 52nd: A bill to regulate the sale of second hand watches; and for other purposes.

SB 223. By Senator Millican of the 52nd:
A bill to authorize judges of the superior courts to continue grand juries in session beyond the end of any term of court for which they were impanelled; and for other purposes.

SB 224. By Senator Millican of the 52nd:
A bill to amend the pension act of the City of Atlanta to provide that school teachers or employees of schools taken over shall come under said pension ~ystem upon payment of percentages of former salary into such fund; and for other purposes.

SB 225. By Senator Millican of the 52nd:
A bill to amend the pension act of Fulton county to provide employees of any department of any municipality within the county becoming employees of the county, by virtue of consolidation by operation of law, may vote to share in the pension; and for other purposes.

SB 226. By Senator Millican of the 52nd:

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JOURNAL OF THE SENATE,

A bill to amend the pension act of the City of Atlanta to provide that employees, whose departments were consolidated with a department of some other corporation or political sub-division, may continue to be eligible, by payment of amounts provided by law, to continue under the city pension fund; and for other purposes.

SB 227. By Senator Forester of the 44th:
A bill to authorize the sheriff of Dade county to draw a salary of $75.00 per month from the county in addition to the fees now paid the sheriff; and for other purposes.

SB 228. By Senator Gross of the 31st:
A bill to create the Rhodes property commission; to authorize the commission to exchange the Rhodes Memorial Hall property on Peachtree street for certain property the Rhodes estate owns on the east side of Capitol avenue; and for other purposes.

SB 229. By Senator Whitworth of the 30th:
A bill to amend an act incorporating the Town of Hull so as to confer on the mayor and council the power and authority to regulate the use of its streets for business purposes; and for other purposes.

SB 230. By Senator Atkinson of the 1st:
A bill to create a commission to be known as the mansion site lease commission; to authorize said commission, in the name and on behalf of the state, to execute a lease contract with the Henry Grady Hotel Company; and for other purposes.

SR 62.

By Senators Kimbrough of the 25th, Simmons of the 8th, Byrd of the 48th, and others:
A resolution authorizing R. F. Burch, former commissioner of natural resources, to sue the state in the courts to determine the legality of his claim for eighteen months salary during the time he was removed from office; and for other purposes.

HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend chapter 32-21 of code of 1933 so that compulsory school' attendance may be enforced for children within the ages of six and sixteen until such child finished the ninth grade; and for other purposes.

HB 59. By Mr. Strickland of Haralson:
A bill to amend section 32-2401 of the code of 1933, relating to the powers and duties of the state board of education with respect to adult illiteracy by enlarging said powers and duties so as to authorize said board to pro-

TUESDAY, MARCH 9, 1943

737

mote the establishment of schools for adult illiterates; and for other purposes.
HB 112. By Messrs. Connell of Lowndes and others: A bill to provide that duly certified copies of instruments recorded in the office of clerk of the superior court may be filed for record in any county of the state; and for other purposes.
HB 361. By Messrs. Turner, Hubert and Broome of DeKalb: A bill to create a board of examiners for electricians in DeKalb county; and for other purposes.
HB 370. By Mr. Kendrick of Fulton and others: A bill to amend the unemployment compensation law to provide the commissioner of revenue may collect contributions in default; and for other purposes.
HB 437. By Messrs. Turner, Hubert and Broome of DeKalb: A bill to create a DeKalb county waterworks advisory board; and for other purposes.
HB 541. By Mr. Reynolds of Clayton: A bill to provide that the polls in Clayton county shall remain open from 7:00 o'clock a. m. to 6:00 o'clock p. m. in county wide elections; and for other purposes.
HB 557. By Mr. McCracken of Jefferson: A bill to provide for the payment of $10.00 at the time of filing petition for divorce to the clerk of the superior court of Jefferson county; and for other purposes.
HB 558. By Mr. Wilbanks of Cherokee: A bill to provide that Cherokee county shall pay to officers of the court the actual costs incurred in misdemeanor cases where misdemeanor convicts are worked by the county; and for other purposes.
HB 573. By Mr. Gray of Houston: A bill to provide for five districts in Houston county and for a member of the Board of Education to be selected from each district; and for other purposes.
HB 580. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A bill to amend the pension act of Fulton county to provide that policemen and firemen serving in the armed force shall have the same status as those not in the armed services; and for other purposes.

738

JOURNAL OF THE SENATE,

HB 586. By Mr. Norman of Henry:
A bill to fix the annual salary of Henry county comrmsswners at two hundred and seventy ($270.00) ; and for other purposes.

HB 587. By Mr. Norman of Henry:
A bill to raise the salary of the clerk of the board of commtsstoners of Henry county to sixty-five dollars per month; and for other purposes.

HB 588. By Mr. Clark of Catoosa:
A bill to create a new charter for the Town of Ringgold in the County of Catoosa and to reincorporate said town under the name of the "Town of Ringgold," and to define its territorial limits; and for other purposes.
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to authorize the commission of the City of Brunswick to close the alley between section nine and ten of the Dart homestead tract; and for other purposes.

HB 590. By Mr. Mcintosh of Mcintosh: A hill to authorize the City of Darien to close a certain portion of a street within said city and sell or dispose of the part so closed; and for other purposes."
HB 597. By Mr. Kelly of Thomas: A bill to amend the charter of the City of Thomasville to provide for a commissioner-city manager form of government; and for other purposes.
HB 599. By Mr. Reynolds of Clayton: A bill to repeal an act entitled "Clayton commissioners' pay"; and for other purposes.

HB 600. By Messrs. Campbell and Livingston of Polk:
A bill to amend the charter of the Town of Rockmart to create the Rockmart planning commission; and for other purposes.

HB 604. By Mr. Miller of Lanier: A bill to abolish the county court of Lanier and transfer pending matters to the Lanier superior court; and for other purposes.
HB 605. By Mr. Miller of Lanier: A bill to provide for four terms each year of Lanier superior court; and for other purposes.
HB 608. By Messrs. Welsch and Dorsey of Cobb:

TUESDAY, MARCH 9, 1943

739

A bill to amend an act creating a new charter for the mayor and council of the Town of Smyrna by providing for zoning laws; and for other purposes.
HR 102. By Messrs. Brewton of Evans, Howard of Long, and others: A resolution requesting the federal government to inclose the area comprising the Camp Stewart anti-aircraft base with a fence; and for other purposes.
HR 137. By Mr. Gilbert of Glynn: A resolution to authorize the state properties commission to sell all of the right, title, and interest which the state has or may have in a tract of marsh land in Glynn county; and for other purposes.
HR 142. By Messrs. Gilbert and Gowen of Glynn: A resolution to declare the proper name of a certain island in Glynn county to be "Sea Island"; and for other purposes.
HR 111. By Messrs. Weaver, Barfield and Wilson of Bibb: A resolution proposing an amendment to the constitution to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation; and for other purposes.
The following local uncontested bill was read the third time and put upon its passage:
SB 221. By Senators Lovett of the 16th and Hall of the 50th: A bill to amend the charter of the City of Dublin, to authorize the mayor to suspend any officer or employee for cause, and to provide for a hearing by the board of 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Atkinson of the 1st moved that the following bill be taken from the table:
HB 125. By Messrs. Daves of Dooly and others: A bill to amend the state health laws creating county boards of health and to provide for payment of expenses of county health departments; and for other purposes.
On the motion to take from the table, the ayes were 28, nays 1.

740

JOURNAL OF THE SENATE,

The motion prevailed and the bill took its place at the foot of the calendar.
The following bills and resolutions were read the third time and put upon their passage:
SB 132. By Senator Atkinson of the 1st:
A bill proposing an amendment to article 3, section 2, of the constitution
creating a new senatorial district to be known as the fifty-fourth district composed of Effingham, Bryan and Liberty counties; and for other purposes.
Senator Lester of the 18th moved that SB 132 be postponed until March 10, 1943.
On the motion to postpone the ayes were 27, nays 0, and the motion prevailed. HR 38. By Messrs. Hightower and Swint of Spalding:
A RESOLUTION
Proposing to the qualified voters an amendment to article XI, section II, paragraph 1 of the constitution of Georgia so as to provide for the division of Spalding county into school districts and 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 of 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 same 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 school 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. Should a vacancy occur in the office of any member thus elected, a successor 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

TUESDAY, MARCH 9, 1943

741

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 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 he 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 their 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 the voters of Spalding county shall no longer elect the county school superintendent, but the present 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 and shall have graduated from an accredited college or university 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 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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Ennis Estes

Eubank Forester Foster Griner Hall Hampton Harrison Ingram Jones Kaigler Kennedy Kennon Kimbrough Lester Lovett

Martin Moore Newton Oden Peterson Pittman Preston Raynor Shannon Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Dean, Fowler, Hollis, Pope and Whitworth of the 30th.

By unanimous consent the verification of the roll call was <Jispensed with. On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 48. By Senator Fowler of the 39th: A resolution endorsing the home gardening program advocated by the secretary of agriculture and national administration; 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.

SR 59.

By Senators Foster of the 40th, Pittman of the 42nd, Ansley of the lOth and others: A resolution advising the state board of pardon~ and paroles it is the wish and intent of the General Assembly, that all pardons and paroles be considered by said board, including misdemeanor cases; and for other purposes.

Senator Lovett of the 16th offered the following amendment:

TUESDAY, MARCH 9, 1943

743

Amend SR 59 by striking the word "advised" and substituting in lieu thereof the word "directed" in line 4, of the clause of said resolution.
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 42, nays 1.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SB 146. By Senator Harrison of the 17th: A bill to provide the adoption of an official trade mark for Georgia farm products, to prevent imitation and infringement, to provide for packs and grades and other classifications of farm products; and for other purposes.
Senator Ingram of the 51st moved that SB 146 be tabled.
On the motion to table the ayes were 28, nays 5, and the motion prevailed.
SB 199. By Senators Atkinson of the 1st, Terrell of the 19th and K ewton of the 47th: A bill to authorize a state board of prisons to set up points or stations for receiving all prisoners for the purpose of being examined, finger-printed, and classified according to health, criminal records, race, age and sex; and to provide for segregation of prisoners; and for other purposes.
The report 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.
SB 218. By Senator Simmons of the 8th: A bill to amend the motor fuel tax law to provide for reports to the comptroller general by distributors, shall be filed on the last day of the month instead of the 20th; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

Senator Harrison of the 17th asked unanimous consent that SB 218 be immediately transmitted to the House and the consent was granted.
The following bill was taken up for the purpose of considering a House amendment to a Senate amendment:
HB 52. By Mr. Thigpen of Glascock: A bill to amend the act fixing the amount of fees sheriffs of the state were entitled to so as to provide a fee for summoning a jury while the city or superior courts are in session; and for other purposes.
The Senate amendment was as follows:
By Senator Bloodworth of the 22nd:
Amend HB 52 by adding the following: In all counties where the sheriffs are paid a salary, the provisions of this act shall not apply.
The House offered the following amendment to the Senate amendment:
By Mr. Thigpen of Glascock:
Amend Senate amendment to HB 52 by inserting in the amendment immediately following words "paid a salary" the word "only" so that said amendment as amended shall read as follows: In all counties where the sheriff is paid a salary only, the provisions of this act shall not apply.
Senator Bloodworth of the 22nd moved that the Senate concur m the House amendment.
On the motion to concur the ayes were 31, nays 1, and the amendment was concurred in.
The following bill and resolutions were read the third time and put upon their passage:
SR 54. By Senator Kennedy of the 2nd and Forester of the 44th: A resolution proposing an amendment to article 6, section 15, paragraphs 1 and 2, of the constitution, to provide that ten days after service, the judge of the superior court may grant or refuse a decree for total divorce; and for other purposes.
Senator Kennedy of the 2nd offered the following substitute:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to paragraphs 1 and 2, Section 15, Article 6, of the Constitution of Georgia, concerning the divorce provisions of the Constitution as follow:

TUESDAY, MARCH 9, 1943

745

BE IT RESOLVED:
Section 1. That the General Assembly of Georgia hereby proposes an amendment to Section 15, of Article 6, of the Constitution of Georgia by striking paragraphs 1 and 2 in their entirety, relating to two concurrent jury trials of divorce cases, and to substitute in lieu thereof, new paragraphs to be known as 1 and 2 of Section 15, Article 6, to read as follows:

"Paragraph 1. No total divorce shall be granted except upon concurrent judgments of a judge of the Superior Court rendered at different terms of the Court, or upon concurrent verdicts of two juries rendered at different terms of the Court. The Court in its discretion may order jury trials or try divorce cases without juries, provided that either party to a divorce action shall as a matter of right be granted jury trials, on written demand made at the appearance term of court.

Paragraph 2. When a divorce is granted, the jury finding the final verdict, or if there is no jury trial, the judge rendering final judgment, shall determine the rights and disabilities of the parties."

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 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 substitute was adopted.

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

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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Ennis Estes

Eubank Forester Griner Hall Hampton Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Kimbrough Lester Martin

Millican Newton Oden Peterson Pittman Pope Raynor Shannon Simmons Stark Terrell Thigpen Whitworth of 38th Williams

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JOURNAL OF THE SENATE,

Not voting were Senators Dean, Foster, Fowler, Lovett, Moore, Preston and Whitworth of the 30th.
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.
Senator Kennedy of the 2nd asked unanimous consent that SR 54 be immediately transmitted to the House and the consent was granted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 140. By Senator Ennis of the 20th: A bill to amend section 54-205 of the code of 1933 to change the age of persons working in manufacturing establishments at night from 21 to 18 years of age; and for other purposes.
The House amendment was as follows: By Mrs. Mankin of Fulton: Amend SB 140 by striking from the bill the words "from sunrise until sunset" and inserting in lieu thereof the words "between sunrise and sunset."
Senator Ennis of the 20th moved that the Senate concur in the House amendment to SB 140.
On the motion to concur the ayes were 37, nays 0, and the amendment was concurred in.
The following bills of the House were read the third time and put upon their passage:
HB 547. By Messrs. Mixon of Irwin and others: A bill to amend section 49-203 and 49-410 of the code of 1933 and to define the powers of guardians for the sale of property of an 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.
HB 149. By Mr. Thigpen of Glascock:

TUESDAY, MARCH 9, 1943

747

A bill to create and establish an election canvassing board for the state; and for other purposes.
Senator Preston of the 27th offered the following amendment:
Amend HB 149, by adding the following words, to wit: This bill is to become effective 30 days after the general election to be held in August, 1943.
The amendment was adopted.
Senator Simmons of the 8th moved the previous question.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 459. By Mr. Thigpen of Glascock: A bill to authorize the state board of health and all other officials certifying as to birth records, unless a certified copy containing more complett! information is requested, to issue a certificate only as to the following facts: name of child, date of birth, place of birth, color and sex; and for other purposes.
The report of 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.
HB 87. By Mr. Woodruff of Barrow: A bill to prohibit the sale of horse and dog meat for human consumption in the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 189. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: A bill to create a civil service board in Fulton county, to provide what employees shall be eligible, to set up standards, examinations, rules for em-

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JOURNAL OF THE SENATE,

ployment, promotion, suspensions and discharge of employees; to provide for secretary of board; and for other purposes.
Senator Millican of the 52nd offered the following substitute:
AN ACT
To create a Civil Service Board in Fulton County, to provide for the appointment and removal of the members of said Board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualification of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provision~ of this Act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended or discharged; to provide for trials of employees charged with the violation of Civil Service rules or the provisions of this Act; to provide a uniform procedure for handling the personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this Act from doing certain things in violation thereof; to provide for the method whereby employees under the unclassified service may come under the classified service; to provide a penalty for all persons violating the provisions of this Act; to provide for a Secretary to the Board and define his powers and duties and prescribe a minimum salary for such secretary; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of County Government; to provide for the bonding of employees under classified services; to provide that the provisions of this Act are separable in the event a portion thereof is declared unconstitutional; to provide for the repeal of conflicting laws: and for other purposes so as to provide a complete merit system for employees of Fulton County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME, THAT A CIVIL SERVICE SYSTEM IS HEREBY CREATED IN FULTON COUNTY, AS FOLLOWS:
Section 1. Index to Civil Service Act.
Section 2. Definitions. Section 3. Appointment, Removal, Compensation and Duties of the Fulton
County Civil Service Board.
Section 4. Appointment, Removal, Compensation and Duties of the Secretary,

TUESDAY, MARCH 9, 1943

749

Fulton County Civil Service Hoard. Section 5. Unclassified Service and Classified Sel'Vlce. Section 6. Status of Incumbents. Section 7. Method of Filling Vacancies. Section 8. Certification and Appointment. Section 9. Temporary and Provisional Appointment. Section 10. Examinations. Section 11. Ratings and Eligibility. Section 12. Promotions.
Section 13. Re-employment.
Section 14. Transfers. Srction 15. Demotions. Section 16. Suspensions. Section 17. Lay-offs. Section 18. Removals. Section 19. Appeals. Section 20. Political Activity. Section 21. Residence. Section 22. Dismissal for Violation. Section 23. Penalties. Section 24. Oaths. Section 25. Bonds of Employees. Section 26. Constitutionality. Section 27. Effective Date. Section 28. General Repeals.

Section 2. DEFINITIONS: The following terms, when used in this Act, shall have the following meanings unless the context clearly requires otherwise.
( 1) "Classified Service" means all offices and positions of trust and employment in the service of Fulton County except those placed in the unclassified service by this Act, and those covered by other Civil Service Acts enacted heretofore. "Clas-

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JOURNAL OF THE SENATE,

sified Service" shall not include office employees of the Police, Fire, and Education Departments who are covered by the Civil Service rules of their departments. "Clas~ified Service" shall include the employees of the County Department of Public Welfare and Health only in the event that the terms and conditions specified in
Section 5 (II) hereinafter are made operative.
(2) "Board" means the Fulton County Civil Service Board.
(3) "Secretary" means the Secretary of the Fulton County Civil Service Board.
(4) "Appointing Authority" means the officer, commissions, boards, or bodies having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board of institution; or any person or group of persons having the power by virtue of the constitution, statute, or lawfully delegated authority to make appointments or employments to the positions in the Fulton County Employment Service.
(5) "County Commissioners" means Commissioners of Roads and Revenue of Fulton County.
(6) "Position" means any office or place of employment in the service of Fulton County, Georgia.
(7) "Classified Employees" means any employee holding a position in the Classified Service.
(8) "Public Hearings" means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved.
Section 3. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE CIVIL SERVICE BOARD:
( 1) There is hereby created and established the Fulton County Civil Service Board which shall consist of three members of known sympathy to the merit system who shall have been residents of Fulton County for two years or more. The initial members of the Fulton County Civil Service Board shall be as follows:
George A. Giese-for term ending December 31, 1944.
Herman Steinichen-for term ending December 31, 1946.
G. Frank Garrison-for term ending December 31, 1948.
Thereafter all appointments for the Civil Service Board shall be as follows: The Chairman of the Fulton County Commission of Roads and Revenue shall nominate the members of the Board subject to confirmation by a majority vote of the County Commission at its next regular meeting after said nominations are made. Such nomination shall be announced by publication in the official organ of the county at least one week before said meeting of the County Commission. All appointments shall be for a term of six years, and the members shall serve until their sue-

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cessors have been appointed and qualified. The members shall annually elect one of their members as Chairman of the Board and one member as Vice-Chairman. Two members of the Board shall constitute a quorum for the transaction of business. Vacancies in the office of said Civil Service Board created by death, resignation or otherwise shall be filled by nomination of the Chairman and confirmation by the Board of County Commissioners after publication as provided for regular appointments herein and such appointment shall be for the unexpired term. No member of the Board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of Notary Public or in the military forces.
(2) A member of the Board may only be removed for cause after charges have been filed with the County Commission. Such charges must be filed in writing and a copy furnished the member sought to be removed, the member shall be entitled to a public hearing before the County Commissioners, and removal shall be accomplished only after such hearing and a majority vote of the entire Board of County Commissioners.
(3) The members of the Board shall be paid at the rate of ten dollars ($10.00) per diem for the time actually devoted to the business of the Board, but no member shall be paid for more than thirty-six days of service for the first year after the effective date of this Act, and thereafter not more than twenty-four days of service in any one year.
(4) The Board shall keep its office and shall hold its meetings in the Fulton County Court House, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once monthly, and as often in addition thereto as the Board may provide.
(5) It shall be the duty of all officers having charge of public buildings of Fulton County to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for by this Act in all proper ways to facilitate the work of the Board. It shall be the duty of the Board as a body:
(a) After a public hearing and proper investigation during which the County Commissioners, Appointing Authorities, and the Classified Employees shall be afforded every opportunity to be heard to adopt, rescind, and amend rules and regulations for the administration of this Act; to set up a classification plan for all positions covered by this Act, together with a minimum, intermediate, and maximum salary schedule for such positions, which when adopted by a majority vote of the County Commissioners, it shall be the duty of all Appointing Authorities and other employees of Fulton County to which these rules, regulations, classifications, plans, salary schedule, and any modifications thereof may relate to assist in all proper ways in carrying them into effect. The prevailing wage rate shall be the basic minimum salary schedule for skilled mechanics, holding positions in the Classified Service under this Act. Notice of the contents of such rules, regulations, classification plan,

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salary schedule and any modifications thereof shall be given to all appointing authorities affected thereby, and shall be printed for public distribution.
(b) To hear and determine appeals and complaints respecting the administrative work of the Secretary, filed with the Board by any appointing authority or classified employee and such other matters as may be referred to the Board by the Secretary.
(c) To make such investigations as may be requested by the County Commissioners where general Fulton County employees are affected, or on its own motion and to report thereon.
(d) To keep minutes of its own meetings and such other records as the Board may deem necessary.
(e) To examine and approve or modify the annual report prepared by the Secretary and submit such report to the County Commissioners on or before the first day of December of each year transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Act, and to supervise generally the work of the Secretary in the administration of the provisions of this Act. Such report shall be made available to any interested groups.
Section 4. APPOINTMENT, REMOJVAL, COMPENSATION AND DUTIES OF THE SECRETARY:
( 1) The Board shall appoint a Secretary. Such a Secretary shall have been a resident of Fulton County for one year or more and shall be a person competent, trained, and experienced in the field of personnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel.
(a) The Secretary shall appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided by the County Commissioners. Provided, further, such appropriation shall be adequate for the proper administration of this Act.
(b) The County Commissioners shall provide adequate quarters for the Board and the Secretary to administer the provisions of this Act.
(2) All employees of the Board shall be in the Classified Service established under this Act and shall be employed in accordance therewith.
(3) The Secretary shall take the oath of office prescribed for the County Commissioners and give bond in the penal sum to be fixed by the County Commissioners, for his faithful performance.
(4) The Secretary shall hold his office during good behavior and may be removed only for cause after a public hearing by the Board.
(5) The Secretary shall be paid a salary of Forty-Two Hundred Dollars ($4,200.00) per annum.

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(6) It shall be his duty:
(a) To attend meetings of the Board, to act as its Secretary and to record its offcial actions.
(b) To prepare, recommend, and administer the civil service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this Act. The rules and regulations as adopted by the Board, and approved by the County Commissioners, shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointment to the classified service, administration of appointments, transfers, demotiono. promotions, suspensions, lay-offs, re-employments, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this Act.
(c) To establish and maintain a roster of all officers and employees in the employ of Fulton County who are covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.
(d) To check all payrolls or other compensation for personnel service in the classified service periodically, at such times as the Secretary, or the Board, may deem consistent for the proper administration of this Act.
(e) To recommend to the Board and the County Commissioners proper classification of new positions created in the Fulton County Employment Service covered by this Act, according to duties and responsibilities.
(f) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any investigation in connection with the administration of the provisions of this Act.
(g) To make an annual written report to the Board.
(h) To perform any other lawful act required to carry into effect the purposes and spirit of this Act.
Section 5. UNCLASSIFIED SERVICE AND CLASSIFIED SERVICE.
( 1) The Unclassified Service shall consist of the following:
(a) Officers elected by the people and persons appointed to fill vacancies m such elective offices.
( 1) Provided in the offices of the Clerk of the Superior Court, Tax Receiver. Tax Collector, Sheriff and Ordinary, if the Chief Deputy in any of said offices should elect not to be a candidate in the succeeding election, he shall revert to his former status in the classified service.
(b) Members of the Board or special commiSSions appointed by the County Commissioners for special purposes, who serve without compensation.

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(c) The clerk of the Board of County Commissioners.
(d) Persons temporarily appointed or designated to make or conduct special inquiry, investigation, or examination where such appointment or designation is certified by the Board to be for employment which should not be performed by persons in the classified service.
(e) Election officials.
(f) Heads of Departments elected or appointed by the County Commissioners and/or by the Judges of the Superior Court.
(g) The Marshall of the Civil Court of Fulton County and the Clerk of said Court.
(h) Officers and employees in the Department of Police, Fire and Education having their own Civil Service or Tenure Rules.
(i) Seasonal employees whose employment does not exceed three months in any one year.
(j) Superintendents and Assistant Superintendents under the Board of Education, and other persons elected by said Board of Education for definite terms; librarians employed through the Board of Education; clerks in schools, and nurses, maids, and employees in cafeterias in schools.
(k) Board of Tax Assessors, Board of Health, Board of Inspection Steam Fitters, Board of Public Welfare, and Jury Commissioners.
(I) All employees of the Solicitor General's office.
(m) Assistant Solicitors General, also Assistant Solicitors of the Criminal Court of Fulton County.
(n) Personal Secretary of any Judge of the Superior, Criminal, Juvenile, or Civil Court of Fulton County and the official court reporters thereof.
(o) All employees of the Fulton County Department of Public Works.
Provided further that the employees of any Department of Fulton County under the unclassified service may come under the classified service and be governed by all of the provisions of this Act and the rules and regulations of the Civil Service Board created herein at any time in the future that the majority of the employees of said department shall sign a petition requesting to be so classified and file the same with the Secretary of the Board. Said department shall be deemed to be in the classified service from the date of the filing of said petition with the Secretary and all employees of said department shall automatically come under the provisions of this Act as if they had been originally in the classified service as provided herein.
(2) The Classified Service shall include all other public officers and employees in the employ of Fulton County now or hereafter employed, including deputies and employees in the office of the Clerk of the Superior Court, Sheriff, Tax Collectors,

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Tax Receiver, Ordinary, Treasurer, Civil Court of Fulton County, Criminal Court of Fulton County, Tax Assessors, Juvenile Court, Adult Probation Office, employees of the Sanitary Department, and others not placed in the unclassified service. After the effective date of this Act, all appointments, employments, removals, promotions, demotions, transfers, lay-offs, re-instatements, suspensions, leaves of absence without pay, and changes in grade or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise.

Employees of the County Departments of Public Welfare and Health shall be

included under the County Civil Service System as set up herein, provided the State

Merit System Council for the Welfare and Health Departments shall examine the

rules and regulations of the Fulton County system in so far as they are applicable

to the County Departments of Public Welfare and Health and certify that such rules

conform to the State Welfare and Health Departments' Merit System and the rules

and regulations promulgated thereunder and provided further that said rules and

regulations in so far as they affect the County Welfare and Health Departments

shall be in conformity with the minimum standards of the Federal Social Security

Act.



Provided further that the Board shall be authorized to enter cooperative agreements with other Federal, State, and municipal merit systems to permit use of registers and that the acquiring of status by individuals under any such system which has comparable standards to the one established herein shall, as a result of agreement, give status under this or such other system.

Section 6. STATUS OF INCUMBENTS:

Any person holding a permanent position in the classified service of Fulton County other than those already under separate civil service rules as herein defined on the effective date of this Act, and any person who as of January 1, 1943 had been an employee of Fulton County for at least six months immediately preceding the effective date of this Act, shall continue to hold such position subject to the provisions of this Act and shall be deemed to be qualified for such employment and shall be entitled to receive a regular permanent appointment in accordance with the provisions of this Act provided that he shall file with the Civil Service Board within ninety (90) days after the effective date hereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the Board. Provided, however, that in the event the Fulton County Welfare Department and Health Department shall be covered under this system only those employees of the Welfare and Health Departments who, at the time of said covering under this system, have already received a permanent position under the State Merit System shall be entitled to a permanent position without further examination under the Fulton County system.
Any person entering the service of the United States and covered by the Soldiers and Sailors' Relief Act of Congress shall be conclusively presumed to have been on furlough or leave of absence during his period of service in the armed forces of the

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United States and shall be restored to his or her former or comparable position withO:ut loss of seniority, provided:
(a) He does not voluntarily extend his period of training and service beyond the expiration of his term during the present emergency.
(b) He is still physically and mentally qualified to perform the duties of such position.
(c) He makes application for re-employment within six months after his honorable discharge from the armed forces of the United States.
Provided further that all employees of Fulton County coming under the provision of the classified service who have entered the service of the United States Government as specified herein and who at the time of their entrance had been regular employees of Fulton County for a period of at least six months prior to entering said service, shall be deemed as regular employees coming under the classified service as provided in this Act and shall be entitled to all benefits provided hereby.
This provision shall not apply to employees who voluntarily re-enlist at the expiration of the present emergency.
Section 7. METHODS OF FILLING VACANCIES:
Vacancies in the classified service shall be filed either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Secretary may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical.
Section 8. CERTIFICATION AND APPOINTMENT.
Whenever a vacancy is to be filled by regular appointment, the appomtmg authority shall submit to the Secretary a statement of the duties of the position and a request that the Secretary certify to him the names of persons eligible for appointment to the position. The Secretary shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Secretary that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which

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the Secretary deems to be appropriate for the class in which the position is established, the Secretary shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Secretary, after invstigation, may with the approval of the Board . remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of not exceeding six months, but the Secretary and the appointing authority may extend such probationary period to one year, except in the case of employees of the County Departments of Public Welfare and Health whose probationary appointments shall in no event exceed six months. If during this probationary period, the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the Secretary shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment.
Section 9. TEMPORARY AND PROVISIONAL EMPLOYMENT:
Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Secretary. If such nominee is found by the Secretary to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy but only until an appropriate eligible register can be established and an appointment made therefrom, provided that the Secretary with the approval of the Board may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. Successive temporary appointments for more than six months at a time shall not be made except with the approval of the Board, and then only in the interest of good service; provided, however, that no person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally appointed.
Section 10. EXAMINATIONS:
Each eligible register shall consist of a list of all persons who have shown that they possess the qualifications and have passed the tests which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or may be in the form of actual demonstration of fitness as the Secretary, with the approval of the Board, may determine. Such test shall be competitive, practical, free and open to all persons, citizens of Fulton County, who may be lawfully appointed to any position in the class to which they are held, with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public announcement of the test. The Secretary shall establish or create examination com-

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mittees from qualified persons to assist him in giving tests. Public notice of time, place, and general scope of every test shall be given.
Section 11. RATING AND ELIGIBILITY:
Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers, no person shall willfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or willfully or corruptly make any false representation concerning the persons examined, or willfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of eligible is entered on. the register. This term may be extended in the discretion of the Secretary for all those on any register when conditions of good administration render it inexpedient to hold a new examination.
Section 12. PROMOTIONS:
Promotions of employees to positions having a different and higher classification covered by this Act shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Secretary at the request of the appointing authority.
Section 13. RE-EMPLOYMENT:
( 1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Secretary and the head of the department or other agency under whos.e jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Secretary shall cause the name of such employee to be placed on the reemployment list within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of applications for re-employment. No person shall be re-instated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted.
All employees under the classified service who may hereafter enter the service of the United States as specified herein shall upon being honorably discharged therefrom be eligible for re-employment under the classified service as provided in this Act and shall be restored to their former positions, provided, however, they file application with the Board within six months from date of such discharge.

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759

This provision shall not apply to employees who voluntarily re-enlist in the service of the United States at the expiration of the present emergency.
(2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Secretary in such form as may be prescribed by the Board a request that the Secretary certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The Secretary shall immediately certify to the appointing authority the names of persons on appropriate registers.
Section 14. TRANSFERS:
An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided that the Secretary has authorized the transfer of the employee from one department to another and has received approval from both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the Secretary. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the Secretary, who shall make proper investigation therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department.
Section 15. DEMOTIONS:
An appointing authority may in accordance with the rules and regulations established by the Board, demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee and the Secretary have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the Board. Th-! Board can then approve his demotion or re-instate him to his former position if, in its opinion, the demotion is not justified.
Section 16. SUSPENSIONS:
An appointing authority may in accordance with the rules and regulations established by the Board, upon giving written notice to an employee and the Secretary, suspend for cause a classified employee for disciplinary purposes without pay for a period not to exceed thirty (30) days in any twelve months' period.
Section 17. LAY-OFF AND LEAVE OF ABSENCE WITHOUT PAY:
An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual condition or shortage or stoppage of work or funds. In every case of this kind, the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and to the Secretary. Any person who has been appointed to a position in the classified service, or who shall have attained a Civil Service status under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed six

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consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority.
Any leave of absence for a period in excess of six consecutive months as provided herein shall be obtained only with the approval of the Board.
Section 18. REMOVAL:
Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the Board copy of written notice furnished the employee co be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed employe shall have an opportunity to answer the charges in writing within ten ( 10) days, and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the Board may re-instate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political, or religious reasons and not justified. The Board may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the Board may direct. Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such cases for any cause.
Section 19. APPEALS:
Whenever the Secretary refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then the Secretary, if requested by the person so effected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote, shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned.
Section 20. POLITICAL ACTIVITY AND RECOMMENDATIONS:
In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former

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employees as to ability, shall be considered by the Board, the Secretary or the appointing authority, in giving any examination, appointment, promotion, or reinstatement under the Act.
Section 21. RESIDENCE:
Positions in the classified service shall be filled by citizens of Fulton County, who have been residents of F.1lton County for at least two years immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Fulton County cannot be obtained. Removal of residence outside of Fulton County shall be grounds for removal unless permission to remove residence is granted for just cause by the Board and approved by the County CommissiOners.
Section 22. DISMISSAL FOR VIOLATION:
Any person in the classified service violating any provision of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the Board prior to said dismissal.
Section 23. PENALTIES:
Any person who shall willfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction thereof be punished ~s for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, re-instatement, or re-appointment for a period of three years, from date of such conviction.
Section 24. OATHS:
The Board and all employees in the classified service shall take the oath of office as prescribed by law for their respective positions. The Board and the Secretary ar~ authorized to administer oaths.
Section 25. BONDS OF EMPLOYEES UNDER CLASSIFIED SERVICE:
( 1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the treasurer of Fulton County.
(2) Should the amount of bond required be deemed by the Board arbitrary, unreasonable or oppressive, an appeal shall lie to the Superior Court which shall have the authority to set the amount of such bond.
(3) The Board shall have the right in its discretion to require bonds of em-

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ployees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable but this provision shall not forbid the County Commission or other authority coming under County Government to require any employee handling funds or performing duties of trust to post bonds.
Section 26. CONSTITUTIONALITY:
Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional.
Section 27. EFFECTIVE DATE:
This Act shall take effect June 1, 1943.
SECTION 28. GENERAL REPEAL:
All acts and parts of acts which are inconsistent with the provisions of this Act are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of considering substitute offered by the House:
SB 125. By Kaigler of the 12th and Pope of the 7th: A bill to amend section 24-2803 of the code providing that when a vacancy in the office of sheriff occurs because said sheriff has entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff for the unexpired term; and for other purposes.
Mr. Hart of Quitman offered the following substitute:
A BILL To be entitled an act to provide in counties in the State of Georgia having a population of not less than 3,430 nor more than 3,440 according to the Federal Census of 1940 and all other future Federal Census that when a vacancy in the office of Sheriff occurs because said Sheriff has entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff for the unexpired term or until the former Sheriff is mustered out and returns; and for other purposes.

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763

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That from and after the passage of this Act in all counties of the State of Georgia having a population of not less than 3,430 nor more than 3,440, according to the Federal Census of 1940, and all other future Federal Census in evidence, a vacancy in the office of Sheriff occurs because the office-holder has entered the armed forces of the United States, it shall be the duty of the Governor to appoint a competent person to act as Sheriff for the unexpired term or until said Sheriff, who entered the armed forces of the United States is mustered out and returns. It is expressly enacted that the acting Sheriff, appointed by the Governor, shall relinquish the office of Sheriff to the duly elected Sheriff when he returns from the armed forces of the United States before the expiration of the term for which he was elected.

Section 2. That all laws or parts of laws in cnoflict with this Act be and same are hereby repealed.

Senator Kaigler of the 12th moved that the Senate agree to the House substitute.

On the motion to agree, the ayes were 34, nays 0, and the substitute was agreed to.

Mr. Hollis of the 24th 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/or 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:

SB 198

SB 215

SB 219

SB 189

SR 59

Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:

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SB 54 SB 70 SB 92 SB 123 SB 125 SB 133 SB 204 SB 206 SB 208 SB 209
Respectfully submitted, R. L. Boyett, of 11th district, Chairman.
Senator Atkinson of the 1st moved that the Senate do now adojurn and the motion prevailed.
The president announced the Senate adojurned until 10 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia.
Wednesday, March 10, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House hills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested hills and resolutions. 6. Consideration of general bills and resolutions.
The consent was granted.
The president introduced to the Senate Judge Munday, of the Tallapoosa circuit of Cedartown, Georgia.
The president introduced to the Senate Mrs. Cooper, wife of the Senator from the 14th.
Senator Lester of the 18th asked unanimous consent that the Senate stay in session today until 3 o'clock and that when the Senate adjourn Thursday, it stay adjourned until Monday, March 15, 1943, and the consent was granted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills
of the House to wit:
HB 628. By Mr. Connell of Lowndes: A bill to amend the charter of the City of Valdosta so as to extend the corporate limits; and for other purposes.

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HB 629. By Mr. Yawn of Dodge:
A bill to amend an act to create the office of commissioner of roads and revenues for Dodge county by prescribing other and additional duties of said officer, and to require him to publish once in the official organ of Dodge county a list of the voters registered and qualified to vote in all primary elections; and for other purposes.
HB 631. By Mr. Hartness of Fannin:
A bill to create a new charter for the Town of Mineral Bluff in the County of Fannin; to reincorporate said town under the name of the "City of Mineral Bluff" and to define its territorial limits; and for other purposes.
HB 635. By Messrs. Thurmond and Roper of Hall:
A bill to amend an act entitled "Gainesville retirement fund" so as to provide that the retirement pay provided in said act shall be amended by averaging the rate of pay received over the full period such employee has participated in the retirement fund; and for other purposes.
HB 215. By Mr. Hatchett of Meriwether:
A bill to amend section 32-1014 of the code of 1933 relating to the annual report of county superintendents of schools to the grand jury; and for other purposes.
HB 620. By Messrs. Harris of Richmond, Whipple of Bleckley: A bill to amend section 27-904 of the code relating to surrendering of principal, costs, death of principal, and to provide for judgment against bail, service by publication; and for other purposes.
HB 222. By Messrs. Smith of Carroll, Weaver of Bibb, and others: A bill amending chapter 88-2 of the code of 1933, known as the Ellis health law.
HB 454. By Mr. Fisher of Jeff Davis:
A bill to constitute all commissioned officers of all branches of the armed services of the United States of America ex-officio notaries public of the state for the convenience of all persons situated without the territorial limits of the 48 United States of America and of the District of Columbia; and for other purposes.
HB 468. By Mr. Wells of Ben Hill:
A bill to regulate the operation of dance halls, road houses, tourist homes, tourist cabins, clubs, or businesses of like character in Ben Hill county; and for other purposes.
HB 504. By Mr. Kendrick of Fulton:

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767

A bill to provide that public officials having control of parks and other public property may during the war emergency permit the use of such lands for the growing of food products; and for other purposes.
HB 535. By Mr. Hubert of DeKalb: A bill to amend section 24-604 of the code of 1933 so as to provide that justices of the peace shall lay their dockets before grand juries of their respective counties only on the first day of the first term of the superior court to meet in said counties in each calendar year; and for other purpOS-!S.
HB 616. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salary of the assistant solicitor general in Richmond county; and for other purposes.
HB 617. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to provide for the appointment of an assistant solocitor of the city court of Richmond county; and for other purposes.
HB 627. By Mr. Norman of Henry: A bill to provide for the holding of three terms in each year of the superior court of Henry county; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 166. By Senators Eubank of the 29th and Gross of the 31st: A bill to amend an act amending section 92-3701 of the 1933 code providing the purposes for which county taxes may be levied by setting out the addi tiona! purposes of paying old-age assistance; and for other purposes.
The House has adopted the conference committee report on the following bill of the House to wit:
HB 174. By Messrs. Deal and Brunson of Bulloch: A bill to amend an act to provide for exemption of taxation to the owner of personal property by providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st of the year m which exemption from taxation is sought; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 179. By Senator Millican of the 52nd: A bill to amend an act authorizing the commissioner of roads and revenues for Fulton county to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.

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JOURNAL OF THE SENATE,

The following bills and resolutions were introduced, read the first time and referred to committees:
SB 235. By Senator Bloodworth of the 22nd: A bill to amend the general tax act of 1935 by providing for a reduction of insurance premium tax when assets of the insurance company are invested in bonds and securities issued by the United States not to exceed 20 per cent of the total assets; and for other purposes.
Referred to Committee on Insurance.
SB 236. By Senator Harrison of the 17th: A bill to abolish the offices of tax collector and tax receiver of Jenkins county and to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 237. By Senator Fowler of the 39th: A bill to amend the income tax law to provide for the exclusion from gross income, of income attributable to the recovery, during any taxable year beginning after December 31, 1939, of a bad debt, prior tax, or delinquency amount; and for other purposes.
SB 238. By Senator Newton of the 47th: A bill to amend an act creating a new charter for the City of Moultrie by striking all provisions for the levying of a sales and an income tax; and for other purposes.
Referred to Committee on Municipal Government.
SB 239. By Senator Pittman of the 42nd: A bill to amend section 26-5902 of the code to provide the punishment for the offense of sodomy shall be not less than five years nor more than twenty years, instead of life; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 240. By Senator Eubank of the 29th, Gross of the 31st and Raynor of the 4th: A bill to extend the powers of the public service commission to give them power to regulate air traffic and air transportation lines; to regulate the charges for transportation of passengers and freight by air lines; and for other purposes.
Referred to Committee on Public Utilities.
SB 241. By Senator Bloodworth of the 22nd:

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769

A bill to increase the salary of the director of the veterans' service office to $4,800; and for other purposes.
Referred to Committee on State of Republic.
SB 2+2. By Senator Forester of the 44th: A bill to authorize the sheriff of Dade county to draw a salary of $75.00 per month in addition to his fees; and for other purposes.
Referred to Committee on Counties and County Matters.
SR 67. By Senator Gross of the 31st: A resolution proposing an amendment to article 7, of the constitution to provide that the powers of taxation may be exercised through the General Assembly and by counties and municipalities for the purpose of paying pensions to teachers; and for other purposes.
Referred to Committee on Amendments to the Constitution.
SR 68. By Senators Foster of the 40th and Pittman of the 42nd: A resolution memoralizing Congress to release storage batteries for use in radios; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SR 69. By Senator Millican of the 52nd: A resolution providing for a joint committee from the Senate and House to revise and edit the rules of each branch of the General Assembly; and for other purposes.
Referred to Committee on Rules.
SR 70. By Senators Jones of the 3rd and Lovett of the 16th: A resolution providing that a committee be appointed to investigate the property of the Henry Grady Hotel and other adjoining state property, the value thereof, the present rentals and all other facts relative thereto.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 215. By Mr. Hatchett of Meriwether: A bill to amend section 32-1014 of the code of 1933 relating to the annual report of county superintendents of schools to the grand jury; and for other purposes.
Referred to Committee on Education and Public Schools.

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JOURNAL OF THE SENATE,

HB 222. By Messrs. Smith and Reid of Carroll, Weaver of Bibb and others: A bill to amend chapter 88-2 of the code of 1933, known as the Ellis health law; and for other purpo;es.
Referred to Committee on Hygiene and Sanitation.
HB 454. By Mr. Fisher of Jeff Davis: A bill to constitute all commissioned officers of all branches of armed services of the United States of America ex-officio notaries public of the state for the convenience of all persons situated without the territorial limits of the 48 United States of America and of the District of Columbia; and for other purposes.
Referred to Committee on Special Judiciary.
HB 468. By Mr. Wells of Ben Hill: A bill to regulate the operation of dance halls, road houses, tourist homes, clubs, or business of like character in Ben Hill county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 504. By Mr. Kendrick of Fulton: A bill to provide that public officials having control of parks and other public property may during the war emergency permit the use of such lands for the growing of food products; and for other purposes.
Referred to Committee on Public Property.
HB 535. By Mr. Hubert of DeKalb: A bill to amend section 24-604 of the code of 1933 so as to provide that justices of the peace shall lay their dockets before grand juries of their respective counties only on the first day of the first term of the superior court to meet in said counties in each calendar year; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 616. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salary of the assistant solicitor general m Richmond county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 617. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to provide for appointment of an assistant solicitor of the city court of Richmond county; and for other purposes. Referred to Committee on Counties and County Matters.

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771

HB 620. By Messrs. Harris of Richmond and Whipple of Blecldey: A bill to amend section 27-904 of the code relating to surrendering of principal, cost, death of principal; to provide for judgment against bail, service by publication; and for other purposes.
Referred to Committee on Special Judiciary.
HB 627. By Mr. Norman of Henry: A bill to provide for the holding of three terms in each year of the superior court of Henry county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 628. By Mr. Connell of Lowndes: A bill to amend the charter of the City of Valdosta so as to extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 629. By Mr. Yawn of Dodge: A bill to amend an act creating the office of comm1ss1oner of roads and revenues for Dodge county by prescribing additional duties of said officer; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 631. By Mr. Hartness of Fannin: A bill to create a new charter for the Town of Mineral Bluff and to reincorporate said town under the name of the "City of Mineral Bluff" and to define its territorial limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 635. By Messrs. Thurmond and Roper of Hall: A bill to amend an act entitled "Gainesville retirement fund" so as to provide that the retirement pay provided in said act shall be amended by averaging the rate of pay received over the full period such employee has participated in the retirement fund; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Kennon of the 6th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President: Your Committee on Insurance have had under consideration the following bill

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of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 235. Do Pass

Respectfully submitted,
Kennon, of 6th district, Chairman.

Mr. Kimbrough of the 25th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President: Your Committee on Pensions have had under consideration the following bill
of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 56. Do Pass as amended
Respectfully submitted,
Kimbrough, of 25th district, Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to Constitution have had under consideration the following resolutions and bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommt'ndations:

HR 91. Do Pass

HB 607. Do Pass

HB 603. Do Pass

HB 549. Do Pass

HR 149. Do Pass

HR 43. Do Pass

SR 46. Do Pass

HB 335. Do Pass

HR 126. Do Pass

Respectfully submitted,

Pope, of 7th district, Chairman.

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773

.Mr. Eubank of the 29th District, Secretary 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 Secretary, to report the same back: to the Senate with the following recommendations:
HB 133. Do Not Pass Respectfully submitted,
J. E. Eubank, of 29th district,
Secretary
Mr. Bloodworth of the 22nd District, Vice-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 Vice-Chairman, to report the same back to the Senate with the following recommendations:
HB 601. Do Pass by substitute Respectfully submitted, ]. W. Bloodworth, of 22nd district, Vice-Chairman.
Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic have had under consideration the follow-
ing bills and resolutions of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 65. Do Pass
SB 186. Do Pass
SB 183. Do Pass by committee substiute
HR 133. Do Pass
HR 513. Do Pass
HR 120. Do Pass
HB 318. Do Pass
HR 115. Do Pass

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JOURNAL OF THE SENATE,

HR 129. Do Pass HR 107. Do Pass HB 543. Do Pass HB 552. Do Pass by committee substitute
Respectfully submitted, Lester, of 18th district, Chairman.

Mr. Kaigler of the 12th 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:

HB 430. Do Pass

HB 322. Do Pass

HB 302. Do Pass

Respectfully submitted, Kaigler, of 12th district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

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

HB 154. Do Pass HB 238. Do Pass

Respectfully submitted, Simmons, of 8th district, Chairman.

Mr. Bloodworth of the 22nd District, Chairman of the Committee on Game and Fish, submitted the following report:

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775

Mr. President:
Your Committee on Game and Fish have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 420. Do Pass

HB 337. Do Pass

Respectfully submitted,
Bloodworth, of 22nd district, Chairman.

Mr. Ingram of the 51st 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 tht! same back to the Senate with the following recommendations:

HB 545. Do Pass

HB 544. Do Pass

HB 461. Do Pass

HB 615. Do Pass

Respectfully submitted,
R. A. Ingram, of 51st district, Chairman.

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

SB 186. By Senators Lester of the 18th, Pope of the 7th, Bloodworth of the 23rd and Forester of the 44th:
A bill to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.

SR 46. By Senator Gross of the 31st:
A resolution proposing an amendment to article 7, section 7, paragraph ] , of the constitution providing that revenue anticipation obligations shall not create debts against political sub-divisions issuing same; and for other purposes.

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JOURNAL OF THE SENATE,

SR 65. By Senators Forester of the 44th, Foster of the 40th, Pittman of the 42nd and Hampton of the 41st:
A resolution to confirm, renew and continue a concurrent resolution to the General Assembly, relating to the boundary line between the State of Georgia and the State of Tennessee; and for other purposes.
HB 56. By ~1r. Park of Greene: A bill to increase the pensions paid Confederate soldiers and widows from $30.00 to $50.00 per month, beginning January 1, 1943 ; and for other purposes.
HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee:
A bill to amend the income tax law by providing that alimony and separate maintenance received by a wife shall constitute income to said wife, and that the husband may deduct such payments from his gross income; and for other purposes.
HB 238. By :\Iessrs. Gowen and Gilbert of Glynn:
A bill to provide that income tax returns made to the state need not be verified before filing; and for other purposes.
HB 302. By }fr. Elliott of Musco_gee:
A bill to amend the acts relating to certified public accountants and the state board of accountancy to provide for the qualification of accountants; to make communications between accountants and their clients confidential; and for other purposes.
HB 318. By ~1essrs. Cannon of Rockdale and Rossee of Putnam: A bill to repeal section 84-102 of the code of 1933, pertaining to the duties of the secretary of state and the joint-secretary of the state examining boards; and for other purposes.
HB 322. By Messrs. MeN all, Alexander and Grayson of Chatham:
A bill to amend title 52 of the code of 1933, entitled "Hotels and inns" to limit liabiiity of hotels and inn keepers for loss and theft of valuables to $300.00, except where a written contract is entered for greater liability; and for other purposes.
RB 335. By 1Iessrs. Turner of DeKalb and others: A bill proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the City of Atlanta, Fulton county, DeKalb county, or either them to enter contracts with each other, or with a hospital authority for hospitalization; and for other purposes.
HB 420. By Mr. Gowen of Glynn and others:

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A bill to authorize the state to enter into a compact with each or all of the states on the Atlantic seaboard to promote the better utilization of the fisheries; to create the Atlantic states marine fisheries commission; and for other purposes.
HB 430. By Messrs. Smith and Copland of Muscogee: A bill to amend section 4-214 of the code of 1933, to provide that death of a person who has executed a power of attorney, under certain circumstances, shall have the same force and effect as though coupled with an interest in the property: and for other purposes.
HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham: A bill to create a new charter for the Town of Tallulah Falls; and for other purposes.
HB 513. By Mr. Gowen of Glynn: A bill to amend an act of the General Assembly of 1941, by providing for the issuance of a new birth certificate for adopted children in the name of the adopting parents; and for other purposes.
HB 543. By Mr. Kendrick of Fulton: A bill to provide that all state owned textbooks shall be printed or manufactured within the state provided the quality, price, service and workmanship be equal to work obtained outside the state; and for other purposes.
HB 544. By Messrs. Kendrick, Etheridge and :\Irs. Mankin of Fulton: A bill to amend the charter of the Town of Palmetto to provide that the electric and steam plant cannot be sold except upon the assent of two-thirds of the qualified voters; and for other purposes.
HB 545. By Messrs. Kendrick, Etheridge and Mrs. :\<lankin of Fulton:
A bill to amend the charter of the City of Palmetto giving the mayor and council authority to fix the salaries of officers and employees; and for other purposes.
HB 549. By Mr. Adams of Wheeler: A bill proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the Town of Glenwood to incur a bonded indebtedness to retire bonds due and unpaid as of July l, 1943; and for other purposes.
HB 552. By Mr. McCracken of Jefferson and others:
A bill to abolish the state examining boards included in title 84 of the code of 1933 and the acts of 1937. 1939, 1941, and to create in lien thereof state examining commissions; and for other purposes.

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JOURNAL OF THE SENATE,

HB 601. By Harris, Nicholson and Holley of Richmond: A bill to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.
HB 603. By Harris, Nicholson and Holley of Richmond: A bill proposing an amendment to article 7, section 6, paragraph 2, of the constitution to create a Richmond county retirement or pension fund for county employees; and for other purposes.
HB 607. By Mr. Thomas of Chattooga: A bill proposing an amendment to article 7, section 7, paragraph 1 of the constitution to permit the county board of education of Chattooga county, or the trustees of the Summerville school district or other proper authority to issue bonds in an amount not to exceed $35,000.00; and for other purposes.
HB 615. By Messrs. Connell and Cowart of Lowndes: A bill to amend the charter of City of Valdosta to require the city clerk to keep an itemized statement of all salaries and expenses, including traveling expenses, paid to each person; and for other purposes.
HR 43. By Mr. Gaskins of Berrien: A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the City of Ray City to incur a bonded indebtedness; and for other purposes.
HR 91. By Mrs. Mankin of Fulton and others: A resolution proposing an amendment to article 6, section 2, paragraph 6, of the constitution providing for the disposition of cases in the supreme court or court of appeals where the filing of the bill of exceptions and copy of record is delayed by the clerk of the trial court; and for other purposes.
HR 107. By Messrs. Guyton of Effingham, Park of Greene and Brunson of Bulloch: A resolution specifying the manner of pledging allegiance to the Georgia flag; and for other purposes.
HR 115. By Mr. MeN all of Chatham: A resolution proclaiming "Juliette Low Girl Scout Day", for the observance and commemoration of the founding of the girl scout movement in the United States by Juliette Gordon Low; and for other purposes.
HR 118. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

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779

A resolution proposing an amendment to article 7, section 6, paragraph 1, of the constitution to authorize Fulton county and ,the City of Atlanta to appropriate funds not derived from taxation to advertise and promote the agricultural, industrial and recreational resources; and for other purposes.
HR 120. By Messrs. Parks of Greene, Hooks of Emanuel, Yawn of Dodge and others: A resolution requesting congressmen and senators to introduce an amendment to the federal social security act, so as to equalize the payment from federal funds to the end that each recipient, in whatever state he might live, would receive exactly the same amount therefrom; and for other purposes.
HR 126. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A resolution proposing an amendment to artide 7, section 7, paragraph 1, of the constitution, to authorize Fulton county to make temporary loans between January 1st and December 31st in each year; and for other purposes.
HR 129. By Mr. McCracken of Jefferson:
A resolution to authorize the state librarian to furnish certain law books to the clerk of superior court of Jefferson county; and for other purposes.
HR 133. By Messrs. Jennings of Terrell and others:
A resolution to authorize the Georgia state guard to pay to the widow of Private J. D. Bridges, of the state guard, the sum of $1,000.00; and for other purposes.
HR 149. ByMr. Horne of Crisp:
A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the City of Cordele or Crisp county, or either of them to enter into contracts with hospital authorities; and for other purposes.
The following local uncontested bills and resolutions of the Senate and House were read the third time and put upon their passage:
HB 361. By Messrs. Turner, Hubert and Broome of DeKalb: A bill to create a board of examiners for electricians in DeKalb county; to provide for issuance or renewal of certificates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, v: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.

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JOURNAL OF THE SENATE,

HB 541. By Mr. Reynolds of Clayton: A hill to provide that the polls in Clayton county shall remain open from 7:00 o'clock a.m. to 6:00 o'clock p.m. in county wide elections; and for other purposes.
The report of the committee, which was favorable to the pass:~ge of the hill, was agreed to.
On the passage of the hill, the ayes were 34, nays 0.
The hill, having received the requisite constitutional majority, was passed.
HB 557. By Mr. McCracken of Jefferson: A hill to provide for the payment qf $10.00 at the time of filing petitions for divorce to the clerk of the superior court of Jefferson county; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill the ayes were 32, nays 0.
The hill, having received the requisite constitutional majority, \\as passed.
H B 558. By Mr. Wilbanks of Cherokee: A hill to provide that Cherokee county shall pay to officers of the court the actual costs incurred in misdemeanor cases where misdemeanor convicts are worked by the county; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 573. By Mr. Gray of Houston: A hill to provide for five districts in Houston county and for a member of the hoard of education to be selected from each district; 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 hill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 10, 1943

781

HB 580. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend the pension act of Fulton county to provide that policemen and firemen serving in the armed forces shall have the same status as those not in the armed services; and for other purposes.
The report 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.
HB 586. By Mr. Norman of Henry: A bill to amend an act relating to the salary of the county commiSSIOners of Henry county by increasing such salaries to two hundred and seventy ($270.00) dollars per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 587. By Mr. Norman of Henry: A bill to amend an act entitled '!Henry board of comm1ss10ners created" by changing the pay per month for the clerk of said board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 588. By Mr. Clark of Catoosa: A bill to create and establish a new charter for the Town of Ringgold; and for other purposes.
The report 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.
HB 589. By :\Iessrs. Gowen and Gilbert of Glynn:

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JOURNAL OF THE SENATE,

A bill to authorize the City of Brunswick to close the alley between sections 9 and 10 of the Dart Homestead Tract; and for other purposes.
Senator Raynor of the 4th offered the following substitute:
A BILL To be entitled an Act to close an alley between section nine (9) and ten ( 10) of the Dart Homestead Tract in the City of Brunswick, Glynn County, Georgia, and to vest the title to the same in equal proportions in the adjoining property owners, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY O.F THE SAME:
Section 1. Whereas the official map of the plan of the City of Brunswick shows an alley between sections nine (9) and ten (10) of the Dart Homestead Tract therein, but such alley has never been opened or used by the public and that such alley is not needed for use by the public, from and after the passage of this Act the said alley shall be permanently closed and the real property comprising the same is hereby vested in the adjoining property owners in equal proportions.
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, 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.
HB 590. By Mr. Mcintosh of Mcintosh: A bill to authorize the City of Darien to close a certain portion of a street and sell or dispose of the part so closed; and for other purposes.
The report 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.
HB 597. By Mr. Kelly of Thomas: A bill to amend the charter of the City of Thomasville to provide for a commissioner-city manager form of government; and for other purposes.

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783

The report 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.
HB 599. By Mr. Reynolds of Clayton: A bill to repeal the act entitled "Clayton commissioners pay"; and for other purposes.
The report 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.
HB 600. By Messrs. Campbell and Livingston of Polk: A bill to amend the charter of the Town of Rockmart to create the Rockmart planning 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 604. By Mr. Miller of Lanier: A bill to abolish the county court of Lanier and transfer pending matters to the Lanier superior court; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 605. By Mr. Miller of Lanier:

A bill to provide for four terms each year of Lanier superior court; and for

other purposes.



The report of the committee, which was favorable to the passage of the bill, was agreed to,
On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 608. By Messrs. Welsch and Dorsey of Cobb:

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A bill to amend an act creating a new charter for the Town of Smyrna relating to zoning laws; and for other purposes.

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

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

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

HR 137. By Mr. Gilbert of Glynn:
A resolution to authorize the state properties commission to sell all the right, title and interest which the state has in a tract of marsh land in Glynn county; and for other purposes.

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

On the passage of the resolution, the ayes were 30, nays 0.

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

HR 142. By Messrs. Gilbert and Gowen of Glynn: A resolution to declare the proper name of a certain island in Glynn county to be "Sea Island"; 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 33, nays 0.

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

Mr. Hollis of the 24th 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/or 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:

SB 199.

SB 218.

SB 221.

SR 48.

SR 54.

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

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785

Mr. Boyett of the 11th 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/or 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 Governor:

SB 166.

Respectfully submitted, R. L. Boyett of 11th district, Chairman.

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

SB 192. By Senators Jones of the 3rd and Ansley of the lOth:
A bill to amend the unemployment compensation law to preserve the right of benefits to those entering the armed forces during the present war; and for other purposes.

The report of 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 hill, having received the requisite constitutional majority, was passed.
SB 167. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th: A hill to change the name of the state park authority to "Georgia park authority," and provide for indefinite appointment by the Governor of the members of the Georgia park 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 33, nays 2.

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

SB 188. By Senators Lester of the 18th and Pope of the 7th: A bill to abolish the state examining boards and to create m lieu thereof state examining commissions; and for other purposes.
The president asked unanimous consent that SB 188 be tabled and the conser>t was granted.
SR 62. By Senators Kimbrough of the 25th, Simmons of the 8th, Byrd of the 48th, and others.

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A resolution authorizing R. F. Burch, former commissioner of natural resources, to sue the state in the courts to determine the legality of his claim for eighteen months salary during the time he was removed from 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 28, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
SB 230. By Senator Atkinson of the 1st: A bill to create a commission to be known as the mansion site lease commission; to authorize said commission in the name and on behalf of the state to execute a lease contract with the Henry Grady Hotel Company; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that SB 230 be postponed until March 11, 1943, and the consent was granted.
HB 525. By Mr. Mills of Decatur and others: A bill to provide for granting of leave of absence to solicitors general who enter the armed forces, and for appointment of solicitors general pro tempore; and for other purposes.
The report 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 Simmons of the 8th asked unanimous consent that HB 525 be immediately transmitted to the House, and the consent was granted.
Senator Jones of the 3rd asked unanimous consent that the following resolution of the Senate be referred to the Committee on Rules with instructions that they report same back today:
SR 70. By Senators Jones of the 3rd and Lovett of the 16th: A resolution providing that a committee be appointed to investigate the property of the Henry Grady Hotel and other adjoining state property, the value thereof, the present rentals and all other facts relative thereto ; and for other purposes.
The consent was granted.

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787

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

SB 56.

By Senator Lester of the 18th: A bill to provide for the application for marriage license, the issuing of marriage license, the marriage of persons within this state; and for other purposes.

The Committee on Special Judiciary offered the following substitute:

A BILL
To be entitled an Act providing for the issuing of marriage licenses, how granted, returned, and recorded; application for license; information required in such application; record of application; notice of application; posting; when license may not be issued within five days; proof of majority; notice to be posted when parties fail to establish majority; Ordinary to inquire as to ages; no license for female under 18 except by parents' or guardian's written consent; liability of Ordinary for failure to post facts pertaining to application or issuing license unlawfully; return of marriage bans; penalty on person officiating; Jewish marriages; who may perform colored marriages; want of authority in minister or justice of the peace; marriage in another State; to repeal all laws and parts of laws in conflict with this Act; 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. Marriage licenses shall be issued by the ordinary, or his clerk, of the county of the legal residence of the female, if a resident of this State. If she be a non-resident of this State, then by the ordinary, or his clerk, of the county in which the ceremony is to be performed. The license shall be directed to any judge, justice of the peace, minister of the gospel, Jewish minister, or other person of any religious organization authorized by the rules of such organization to perform the marriage ceremony, authorizing the marriage of the persons therein named, within this State. Such person performing the marriage ceremony shall return the said license to the ordinary, with his certificate thereon as to the fact and date of the marriage, within ten days after the date of said marriage. Said license, when issued, shall be recorded by the ordinary in a book kept by him for that purpose; and when said license is returned to the ordinary, with the certificate thereon, said certificate shall be recorded in the same boo~; and said license shall remain in the files in said office.

Section 2. A marriage license shall be issued on written application therefor made by the persons seeking such license, in the following manner: an application blank shall be obtained from the ordinary to whom it is to be submitted. Each applicant shall make answers under oath to the following questions on said application:
1. Full name of applicant
2. Full name of prospective spouse

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3. Legal residence of applicant
4. Present address
5. Date and place of birth
6. Nationality of applicant
7. Relationship of applicants
8. White or colored
9. Whether previously married
10. If married, name of former spouse
11. If married, whether divorced or former spouse deceased
12. If divorced, when and where granted
12. Whether any legal impediment to marriage
14. Date and place of contemplated marriage
15. Parents' name and residence
Said application, when completed, shall be presented to the ordinary or his clerk by one of the applicants in person at the time such license is issued.
Said application shall be given a number and the marriage license issued in pursuance thereof shall show said number; and said application shall be placed in a book kept by the ordinary for such purpose, and shall remain in the permanent files in his office, and may be used in evidence in any court of law under the rules of evidence made and provided in similar instances.
No license shall be issued unless it appears from the application that the applicants are entitled to the same under the laws of this State.
Section 3. In cases where either of the parties applying for a license shall have reached the age of eighteen years but shall not have reached the age of twenty-one years of age, the ordinary immediately upon receiving the application, shall post the same in his office; except that where one of the parents or the guardian of such minor consents, in writing, to the issuance of the license, his or her signature to said writing being witnessed by a notary public or other officer authorized to administer oaths, the posting may be dispensed with.
Section 4. When an applicant states that he or she is twenty-one years of age or over, the ordinary to whom the application is made shall satisfy himself that the applicant's statement is true. If the ordinary is not satisfied that such statement is true, he shall require said applicant to furnish a birth certificate, or, in lieu thereof, affidavits from at least two persons showing the age of the applicant to be twentyone years, or over; and upon failure of the applicant to convince the ordinary that

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789

both parties are of such age, the ordinary shall post said application as hereinafter provided.
Section 5. If there shall be any grounds of suspicion that either party is under
the age of eighteen years, the ordinary shall refuse to grant the license until the written consent of one of the parents or the guardian of such minor, in writing as above provided, shall be filed in his office.
Section 6. No license shall be issued for the marriage of a male, unless he is at least seventeen years of age, nor a female unless she is at least fourteen years of age.
In cases in which the application is required to be posted, no license shall be issued earlier than five days following the posting; except that in case of an emergency or extraordinary circumstance the ordinary or his clerk may issue the license at any time before the expiration of the five days.
Section 7. Any ordinary who by himself or clerk shall fail to post in his office the required notice pertaining to the application, or who shall issue a license in violation of the time provision, or who shall knowingly grant a license without the required consent or without proper precaution in inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to he recovered at the suit of the father or mother, if living, and if not father or mother, the guardian or legal representative of either such contracting parties; provided that under no circumstances shall more than one suit he maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage; and provided further that no such action shall he brought prior to the expiration of sixty days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of twelve months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall he paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence. Provided, that no recovery shall be had for any alleged violation involving marriages in which both parties are more than eighteen years of age, except marriages of females who to his knowledge are domiciled in another county.
Section 8. Any judge, justice of the peace, mm1ster or other person who shall join in marriage any couple, and shall fail to return the license to the ordinary, with his certificate thereon as to the fact and date of the marriage, within ten days after the date of said marriage, shall forfeit the sum of $50, to be recovered and appropriated as set forth in Section 7, and any judge, justice of the peace, minister, or other person who shall join in marriage any couple without a license issued in this

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state shall forfeit the sum of $500, to be recovered and appropriated as set forth in Section 7.
Section 9. Ordained colored ministers of the gospel or other colored person of any religious organization authorized by the rules of such organization to perform the marriage ceremony, may perform marriages between persons of African descent only, under the same terms and regulations required by law for marriages between white persons.
Section 10. A marriage valid in other respects, and supposed by the parties to be valid, shall not be affected by lack of authority in the minister, judge or justice of the peace to solemnize the same; nor shall such objection be heard from one party who has fraudulently induced the other to believe that the marriage was legal.
Section 11. All marriages solemnized in another State by parties intending llt the time to reside in this State shall have the same legal consequences and effect as if solemnized in this State. Parties residing in this State may not evade any of the provisions of its laws as to marriage by going into another State for the solemniza tion of the marriage ceremony.
Section 12. 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 Ennis of the 20th offered the following amendment to the substitute:
Amend Senate substitute to SB 56 by striking the following word "one," in line 4 of section 3 and inserting in lieu thereof the word "both" and also striking
the word "one" in the third line of section 5 and inserting in lieu thereof the word
"both."
The amendment to the substitute was adopted.
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Forester of the 44th:
A RESOLUTION Proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article V, Section 1, Paragraph IV, of the Constitution of

WEDNESDAY, MARCH 10, 1943

791

Georgia providing that the returns of every election of Governor shall be in such manner as is prescribed by the General Assembly.
BE IT RESOLVED BY THE GENERAL ASSEMBLY:
Section 1. That Article V, Section 1, Paragraph IV, of the Constitution of the State of Georgia be, and the same is hereby amended by striking out said Paragraph now reading as follows:
"The returns for every election of Governor shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two Houses shall have been organized, and then shall be transmitted by the Senate to the House of Representatives." and inserting in lieu of the said paragraph so stricken a new paragraph to read as follows:
"Parag-raph IV. The returns of every election of Governor shall be in such manner as is prt>scribed by the General Assembly."
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 as is prescribed by the laws of this State, and the 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 V, Section 1, Paragraph IV of the Constitution of Georgia, providing that the returns of every election of Governor shall be in such manner as is prescribed by the General Assembly." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of the amendment to Article V, Section 1, Paragraph IV of the Constitution of Georgia, providing that the returns of every election of Governor shall be in such manner as is prescribed by the General Assembly." 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 bf the election so declare and the foregoing amendment shall become a part of Article V, Section 1, of the Constitution of this State as Paragraph IV thereof.
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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis Estes

Eubank Fowler Griner Hall Harrison Hollis Ingram Jones Kaigler Kennon Kimbrough Lester Martin Millican

Moore Newton Oden Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell Whitworth of 38th Williams

Not voting were Senators Arnall, Bloodworth, Forester, Foster, Hampton, Kennedy, Lovett, Thigpen, and Whitworth of 30th.

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.

HB 118. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and others:
A bill to provide the manner persons in the armed forces of the United States may file exemptions of homesteads from taxations; and for other purposes.

The report 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. HB 136. By Mr. Looper of Dawson:
A bill to prevent syphilis in the unborn child; to require every physician attending or every other person permitted by law to attend pregnant women to take or cause to take a specimen of blood of such pregnant women for submission to an approved laboratory for a standard serologic test for syphilis; and for other purposes.
Senator Bacon of the 28th offered the following amendment:
Amend HB 136 by adding an additional section to be appropriately numbered,

WEDNESDAY, ~lARCH 10, 1943

793

which shall read as follows: It is provided, however, that no person shall be required to submit to a test for syphilis or medical treatment therefor when such person objects to the same on religious grounds and who, in good faith, selects and depends upon spiritual means or prayer for the treatment or cure of disease.

The amendment was adopted.

Senator Lester of the 18th offered the following amendment:

Amend HB 136 by adding an additional paragraph, the same to be appropriately numbered to wit: "Each applicant for a marriage license shall file with the application for same a certificate from a licensed physician that such applicants have given the standard serologic test for syphilis, and the result of such test. No marriage license shall be issued by the ordinary of any county to such applicants if such test shows that either of the parties are affected with "syphilis," and by amending the caption of said bill in the following manner: "to provide for standard serologic tests for syphilis for applicants for marriage license ; to provide that no license shall be issued to applicants with syphilis."

On the adoption of the amendment, Senator Lester 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:

Bloodworth of 22nd Brock Estes Griner Harrison Kaigler

Kimbrough Lester Millican J\1oore Pittman Pope

Preston Raynor Shannon Simmons Williams

Those voting in the negative were Senators:

Ansley Arnold Atkinson Bacon Boyett Byrd Clements Cooper Dantzler

Ennis Forester Foster Fowler Hall Ingram Jones Kennedy

Kennon Lovett Newton Oden Peterson Stark Terrell Whitworth of 38th

Not voting were Senators Arnall, Bloodworth of the 23rd, Dean, Eubank, Hampton, Hollis, Martin, Thigpen and Whitworth of the 30th.

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

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 17, nays 25, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 93. By Mr. Burnside of McDuffie, and others: A bill to provide the manner in which justices of the peace and constables shall be compensated in criminal cases; and for other purposes.
The report of the committee, which was favorable to the passa2;e 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.
SB 201. By Senator Williams of the 5th: A bill to amend the intangibles tax act; to reduce the tax from $1.50 to $1.00 per $1,000.00 of fair market value of obligations insured by the federal housing administration; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 21, nays 20.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Millican of the 52nd gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass SB 201.
The Committee on Rules submitted the following report: The Committee of the Senate on Rules having under consideration Senate Resolution No. 70, which would require the appointment of a Committee of the Senate to investigate and make a report to the Senate on the facts concerning Senate Bill No. 230, within two days and before the Senate acts upon that Bill, and it appearing that the Senate by unanimous consent postponed action on Senate Bill No. 230 until tomorrow, Thursday, March 11, and that there are but five days remaining in the Session for the consideration of all pending bills, your Committee is of the opinion that the unanimous consent as adopted by the Senate postponing action until tomorrow, March 11, should not be disturbed, and that Senate Resolution No. 70, by the Senator from the 3rd should be denied.

WEDNESDAY, MARCH 10, 1943

795

Your Committee is also of the opinion that this Resolution being made at a time when Senate Bill No. 230 was not under consideration, and not being a motion to postpone to a date certain, that its adoption would violate Senate Rule No. 45, which provides that during the last fifteen days of each legislative session the Rules Committee shall arrange and fix the calendar for each day.
For these reasons the Rules Committee reports the Resolution unfavorable.
The Rules Committee, however, respectfully requests the President of the Senate to appoint a Committee of three Senators to secure such information as possible and report same to the Senate tomorrow morning, March 11th.
Senator Atkinson of the 1st district, Vice-Chairman.
Senator Jones of the 3rd moved that the Senate disagree to the report of the Committee on Rules on SR 70, and asked that a committee of conference be appointed.
On the motion to disagree to the report of the Rules Committee, three-fourths. of those present having not so voted, the motion was lost.
The president appointed as a committee of three to act under the provisions of the report of the Committee on Rules regarding SR 70:
Senators Jones of the 3rd Millican of the 52nd
Lester of the 18th
The following bills and resolutions were read the third time and put upon their passage:
HR 111. By Messrs. Weaver, Wilson and Barfield of Bibb:
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 so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any and all other public services and facilities usual and customarily afforded by municipalities of this State; to levy varying amounts of taxes, to issue bonds; and to levy assessments and service charges in connection with the establishments and administration of said districts; to provide means of collecting such executions, assessments, and service charges; and for other purposes.
Section 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE

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JOURNAL OF THE SENATE,

STATE OF GEORGIA, .and it is hereby enacted by authority of. the same, that Article II, Section I, of the Constitution of the State of Georgia, as the same has been amended. he further amended by adding at the end of said section as amended, a new paragraph, as follows:
"The g:overning authorities of the County of Bibb shall have authority in their discretion, and without further authority than the exercise of such discretion, to establish and constitute, from time to time to re-establish and re-constitute or discontinue, and to administer within the bounds of the County but without the present territorial limits of the City of Macon, Georgia, districts for special sanitation; garbage removal and disposal; fire prevention; police protection; drainage; road building, paving, and improvement: and any and all other public services and facilities usual and customarily afforded by municipalities of this State; and to carry out the purposes of such establishment and administration, they shall have authority to levy taxes in varying amounts from that applicable to the County as a whole or to any other district, to issue bonds of any such district upon a vote of the qualified voters of such district, and under the rules of law governing the issue of County bonds, to levy assessments against and impose service charges upon the property and/or person served by these establishments provided pursuant thereto, to issue executions against the property and/or persons so served, and to collect such assessments, service charges, and executions in the manner as provided by law with respect to ad valorem taxes and/or license taxes."
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 I, of the Constitution of Georgia, authorizing Bibb County to establish special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any other public service and facility usual and customarily afforded by municipalities of this State; 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 I, of the Constitution of Georgia, authorizing Bibb County to establish special districts for sanitation, garbage removal and disposal, fire protection, police protection; drainage, road building, paving, and improvement, and any other public service and facility usual and customarily afforded by municipalities of this State. 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 I, of the

WEDNESDAY, MARCH 10, 1943

797

Constitution of the 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.

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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Boyett Brock Byrd Cooper

Eubank Foster Fowler Griner Hall Harrison Hollis Ingram Jones Kaigler

Dantzler Ennis Estes

Kennedy Kennon Kimbrough

Millican :Vloore Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Williams

Not voting were Senators Bloodworth of the 23rd, Dean, Clements, Forester, Hampton, Lester, Lovett, Martin, Shannon, Thigpen, Whitworth of the 30th and Whirworth of the 38th.

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.

HB 388. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend the intangibles classification act to provide independent school districts located in municipalities shall share in the taxes derived therefrom; and for other purposes.

The report 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.

HB 59. By Mr. Strickland of Haralson:

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JOURNAL OF THE SENATE,

A bill to amend section 32-2401 of the code of 1933 with regard to adult illiteracy so as to authorize county school superintendents to employ clerical help; and for other purposes.

The report 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 1.

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

HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend chapter 32-21 of the code of 1933 entitled "Compulsory school attendance" so that compulsory school attendance may be enforced for children within the ages of six and sixteen until such child finishes the ninth grade; and for other purposes.

Senator Terrell of the 19th offered the following amendment:
Amend HB 24 by striking the words "six and sixteen" each and every time they appear in the caption and in section 1 of said bill and in any other part of said bill and inserting in lieu thereof the words "seven and sixteen."

The amendment was adopted.

Senator Stark of the 33rd moved that HB 24 be tabled.

On the motion to table, the ayes were 16, nays 18, and the motion was lost.

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

On the passage of the bill, Senator Millican of the 52nd called 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:

Ansley Arnall Atkinson Bloodworth of 22nd Brock Clements Dantzler Ennis

Eubank Fowler Hall Ingram Kennon Kimbrough Millican Moore

Newton Pittman Simmons Terrell Whitworth of 38th Williams

WEDNESDAY, MARCH 10, 1943

799

Those voting in the negative were Senators:

Bacon Boyett Byrd Cooper Dean Estes

Foster Griner Harrison Jones Kaigler Kennedy

Lovett Oden Peterson Preston Raynor Stark

Not voting were Senators Arnold, Bloodworth of the 23rd, Forester, Hampton, Hollis, Lester, Martin, Pope, Shannon, Thigpen, and Whitworth of the 30th.

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

On the passage of the bill, the ayes were 22, nays 18.

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

Senator Fowler of the 39th gave notice that at the proper time he would move that the Senate reconsider its action in the defeat of HB 24.

HB 333. By Messrs. Dyal of Appling, and others:
A bill to amend section 65-203 of the code of 1933, to provide a charter to non-profit cooperative associations for fifty years instead of twenty; and for other purposes.

The Committee on Conservation offered the following amen,!lment:
Amend by striking therefrom Section 2 of the Bill as drawn and substituting in lieu thereof the following:
Section 2. That Section 65-206 of the Code of Georgia of 1933 be amended by striking therefrom the seventh sentence of said Section reading, "No member or stockholder shall be entitled to more than one vote," and by substituting in lieu thereof the following:
"No member or stockholder shall be entitled to more than one vote; provided, however, this prohibition shall not apply to associatiom; composed of producers of any forestry product or products."
That the title of the said Bill be amended by striking therefrom all of the language following the first semi-colon and substituting in lieu thereof the following:
"To provide that the prohibition in such Section contained providing that no member or stockholder shall have more than one vote shall not apply to associations composed of producers of any forestry product or products; and for other purposes."
Senator Arnall of the 36th moved that further consideration on HB 333 be postponed until March 11, 1943.
Senator Ennis of the 20th moved the previous question on the amendment.

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JOURNAL OF THE SENATE,

The motion for the previous question took precedence, and the motion prevailed.
The amendment was adopted.
The report of the committet', 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 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 102. By Messrs. Brewton of Evans and Smiley of Liberty: A resolution requesting the federal government to build a fence around Camp Stewart anti-aircraft base sufficient to keep cattle and hogs from entering said area; 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.
Senator Newton of the 47th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

THCRSDAY, .MARCH 11, 1943

801

Senate Chamber, Atlanta, Georgia.
Thursday, March 11, 1943.
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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
l. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.
The consent was granted.
The following privileged resolution was read and adopted:
Whereas a most valued member of the Senate, G. P. Whitworth of the 30th district, is confined at the Georgia Baptist hospital, be it resolved that this Senate offers its sincere sympathy and earnest wish that he may soon recover and be back at his accustomed place.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed the requisite constitutional majority the following bills
of the Senate to wit:
SB 210. By Senator Harrison of the 17th: A bill to establish the city court of Millen to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers thereof; and for other purposes.

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JOURNAL OF THE SENATE,

The House has passed by the requisite col16titutional majority the following bills and resolutions of the House to wit:
HB 640. By Mr. Odom of Baker:
A bill to amend an act amending an act creating a board of commissioners of roads and revenues for Baker county, by providing for the election of commissioners by voters of the district and not by county vote; and for other purposes.
HB 281. By Messrs. Looper, Sparks, Russell of Dawson:
A bill to abolish the fee system now existing in the superior courts of the Northeastern judicial circuit, as applied to the office of solicitor general thereof; and for other purposes.
HB 407. By Mr. Chance of Twiggs:
A bill to protect and preserve timber lands and natural resources, to prevent forest fires, to make it the duty of the highway board to require maintenance patrolmen to burn shoulders of highways under state supervision; and for other purposes.
HB 422. By Messrs. Key of Jasper, Dorsey of Cobb:
A bill to amend chapter 92-30 of the code entitled "Income taxes," providing an exemption of $2,500 for a widow or widower or divorced person having a minor child; and for other purposes.
HB 553. By Messrs. McCracken of Jefferson, Durden of Dougherty, Gowen of Glynn:
A bill to provide for the wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties, and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
HB 554. By Messrs. McCracken of Jefferson, Durden of Dougherty, Gowen of Glynn:
A bill to aid in coordinating national and state defense; to grant certain powers to the Governor and the political subdivisions of the state; and for other purposes.
HB 577. By Messrs. Anderson of Wayne, Rowland of Johnson, and others: A bill to amend chapter 26-36 of the code, by providing that it shall be a felony for any person to maliciously and wilfully fire woods; and for other purposes.
HB 584. By Messrs. Broome, Hubert, Turner of DeKalb:
A bill to amend paragraph 2, of section 6, of article 7 of the constitution

THURSDAY, MARCH 11, 1943

803

by directing the county authorities of DeKalb county to levy a tax not exceeding one mill for educational purposes; and for other purposes.
HB 606. By Mr. Mims of Miller:
A bill to amend section 114-101 of the code by adding thereto a prov1s1on that all employees of the state, municipalities and counties shall be placed under the workmen's compensation laws of Georgia; and for other purposes.
HR 92. By Messrs. Copeland of Muscogee, Smith of Muscogee, and others:
A resolution proposing an amendment to paragraph 1, section 16 of article 6 of the constittion to provide that members of the armed forces who have resided in the state for one year may file suits for divorce; and for other purposes.
HR 119. By Messrs. Rossee of Putnam, Crummey of Wilcox:
A resolution by the House of Representatives, the Senate concurring, that the commissioner of agriculture, State of Georgia, shall in his discretion, have the power and authority to promulgate rules and regulations in conformity with orders, rules and regulations issued by the war production board relative to textile and paper shipping bags; and for other purposes.
HR 125. By Mr. Parker of Walton:
A resolution authorizing the state librarian to furnish to the clerk of the superior court of Walton county, without cost to said county, certain enumerated volumes of the Georgia supreme court and court of appeals reports; and for other purposes.
HR 146. By Mr. Grayson of Chatham:
A resolution proposing that article III, section VII, of the constitution be amended by providing that neither the State of Georgia, nor any county or city or political subdivision thereof, shall maintain any civil service scheme for the appointment, promotion, demotion, suspension, or discharge of personnel in public employment which fails to provide for honorably discharged veterans of any war period preferences as to examinations; and for other purposes.
HR 161. By Mr. Swint of Berrien:
A resolution memorializing Honorable Claude R. Wickard, secretary of agriculture, and the Georgia delegation in Congress to remove restrictions on the production of all farm crops essential to the war effort; and for other purposes.
The following bill was introduced, read the first time and referred to committee:

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JOURNAL OF THE SENATE,

SB 243. By Senator Foster of the 40th: A bill to amend the motor fuel tax law so as to abolish tax exemptions on motor fuel and/or kerosene sold to the United States government or any of its instrumentalities; and for other purposes.
Referred to Committee on Finance.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 281. By Messrs. Looper of Dawson, and others: A bill to provide a salary for the solicitor general of the Northeastern judicial circuit instead of fees; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 407. By Mr. Chance of Twiggs: A hill to require the state highway board to have its patrolmen to burn the shoulders of all state highways to prott'ct the forests; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 422. By Mr. Key of Jasper, and others: A bill to amend the income tax laws to provide a $2500.00 exemption for a widow, widower or divorced person having a minor child; and for other purposes.
Referred to Committee on Finance.
HB 553. By Mr. McCracken of Jefferson, and others: A bill to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
Referred to Committee on Military Affairs.
HB 554. By Mr. McCracken of Jefferson, and others: A bill to aid in coordinating national and state defense, to grant certain powers to the Governor and political sub-divisions of the state; to authorize the creation of state and local defense agencies; and for other purposes.
Referred to Committee on Military Affairs.
HB 577. By .Messrs. Anderson of Wayne, and others:

THURSDAY, MARCH 11, 1943

805

A bill to make it a felony for any person to maliciously and wilfully fire woods; and for other purposes.
Referred to Committee on Conservation.
HB 584. By Messrs. Turner, Hubert and Broome of DeKalb: A bill proposing an amendment to article 7, section 6, paragraph 2 of the constitution authorizing DeKalb county to levy a county wide tax of one mill for educational purposes; and for the purposes.
Referred to Committee on Amendments to the Constitution.
HB 6Q6. By Mr. Mims of Miller: A bill to amend the workman's compensation laws so as to include all state, municipal and county employees; and for other purposes.
Referred to Committee on Industrial Relations.
HB 640. By Mr. Odum of Baker: A bill to provide that the commissioners of Baker county shall be elected from their respective districts and not by a county-wide vote; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 92. By Messrs. Smith of Muscogee, and others: A resolution proposing an amendment to article 6, section 16, paragraph 1, of the constitution to provide that members of the armed forces to have resided in the state for a year may file suits for divorce; and for other purposes.
Referred to Committee on Amendments to the Constitution.
HR 119. By Messrs. Rossee of Putnam and Crummey of Wilcox: A resolution authorizing the commissioner of agriculture to promulgate rules and regulations relative to textile and paper shipping bags in conformity with orders of the war production board; and for other purposes.
Referred to Committee on Public Library.
HR 125. By Mr. Parker of Walton: A resolution authorizing the state librarian to furnish certain law reports to the clerk of the superior court of Walton county; and for other purposes.
Referred to Committee on Public Library.
HR 146. By Messrs. Grayson of Chatham and Durden of Dougherty:

806

JOURNAL OF THE SENATE,

A resolution proposing an amendment to article 3, section 7, of the consti tution to provide the state nor any county or city shall maintain any civil service scheme without providing for preference to veterans of any war; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 161. By Messrs. Swint of Spalding, Fortson of Wilkes and Mrs. Guerry of Macon:
A resolution memorializing Honorable Claude R. Wickard, secretary of agriculture, to remove restrictions on all farm products essential to the war effort; and for other purposes.

Referred to Committee on Agriculture.

Mr. Moore of the 32nd 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:

SB 236. Do Pass.

HB 629. Do Pass.

HB 617. Do Pass.

HB 468. Do Pass.

Respectfully submitted, G. H. Moore of 32nd district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

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

SB 232.

SB 233.

Respectfully submitted, Lester of 18th district, Chairman.

THURSDAY, MARCH 11, 1943

807

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to Constitution have had under consideration the following resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SR 67. Do Pass. HR 57. Do Pass.

Respectfully submitted,
Pope of 7th district, Chairman.

Mr. Terrell of the 19th 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:
SB 239. Do Pass.
SB 109. Do Not Pass. Respectfully submitted, Terrell of 19th district, Chairman.

Mr. Ingram of the 51st 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 hack to the Senate with the following recommendations:
HB 631. Do Not Pass.
Respectfully submitted, R. A. Ingram of 51st district, Chairman.

Mr. Fowler of the 39th District, Chairman of the Committee on Public Property, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Public Property have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 504. Do Pass.

Respectfully submitted,
Fowler of 39th district, Chairman.

Mr. Kaigler of the 12th 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:

HB 454. Do Pass.

HB 620. Do Pass.

Respectfully submitted, Kaigler of 12th district, Chairman.

Mr. Moore of the 32nd 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:

SB 231. Do Pass.

H B 625. Do Pass.

HB 624. Do Pass.

H B 240. Do Pass.
H R 609. Do Pass. Respectfully submitted, G. H. Moore of 32nd district, Chairman.
:Hr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

THURSDAY, MARCH 11, 1943

809

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:

SB 241. Do Pass.

Respectfully submitted,
Lester of 18th district, Chairman.

Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County .Matters, submitted the following report:
Mr. President: Your Committee on Counties and County .:\Iatters 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:
HB 146. Do Not Pass.
HB 507. Do Not Pass. Respectfully submitted, G. H. Moore of 32nd district, Chairman.

Mr. Clements of the 9th District, Vice-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:

SB 240. Do Pass.

Respectfully submitted,
]. M. Clements of 9th district, Vice-Chairman.

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on l.Vlunicipal 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:

810

JOURNAL OF THE SENATE,

HB 635. Do Pass.

HB 628. Do Pass.

SB 238. Do Pass.

Respectfully submitted,
Ingram of 51st district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

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

SB 237. Do Pass.

Respectfully submitted,

Simmon's of 8th district, Chairman.

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

SB 231. By Senator Millican of the 52nd:
A bill to extend the term of the democratic executive committee of the City of Atlanta for one year; and for other purposes.

SB 232. By Senator Atk:inson of the 1st:
A bill to amend an act to extend existing leases on state property formerly known as the "mansion property"; and for other purposes.

SB 233. By Senators Atk:inson of the 1st, Pope of the 7th, Gross of the 31st and Lester of the 18th:
A bill to amend section 24-104 of the code to provide that all trial judges having jurisdictions to try and sentence persons charged with misdemeanor shall have power to grant probation at any time prior to the expiration of the sentence; and for other purposes.
SB 235. By Senator Bloodworth of the 22nd:
A bill to amend the general tax act of 1935 by providing for a reduction of insurance premium tax when assets of the insurance company are invested in bonds and securities issued by the United States not to exceed 20 per cent of the total assets; and for other purposes.

SB 237. By Senator Fowler of the 39th:

THURSDAY, MARCH 11, 1943

811

A hill to amend the income tax law to provide for the exclusion from gross income of income attributable to the recovery, during any taxable year beginning after December 31, 1939, of a bad debt, prior tax, or delinquency amount; and for other purposes.
SB 238. By Senator Newton of the 47th:
A bill to amend an act creating a new charter for the City of Moultrie by striking all provisions for the levying of sales and income taxes; and for other purposes.
SB 239. By Senator Pittman of the 42nd:
A bill to amend section 26-5902 of the code to provide the punishment for the offense of sodomy shall be not less than five years nor more than twenty years, instead of life; and for other purposes.
SB 240. By Senators Eubank of the 29th, Gross of the 31st and Raynor of the 4th:
A bill to extend the powers of the public service commission to give them power to regulate air traffic and air transportation lines; to regulate the charges for transportation of passengers and freight by air lines; and for other purposes.
SB 24I. By Senator Bloodworth of the 22nd:
A bill to increase the salary of the director of the veterans' service office to $4,800; and for other purposes.
SR 67. By Senator Gross of the 31st:
A resolution proposing an amendment to article 7, of the constitution to provide that the powers of taxation may be exercised through the General Assembly and by counties and municipalities for the purpose of payin~ pensions to teachers; and for other purposes.
HB 240. By Messrs. Hicks and Littlejohn of Floyd:
A bill to amend section 24-2728 of the code of 1933, relating to fees of clerks in counties having less than fifty thousand population to make it apply to counties of less than sixty-five thousand; and for other purposes.
HB 454. By Mr. Fisher of Jeff Davis:
A bill to constitute all commissioned officers of all branches of the armed forces of the United States as ex-officio notaries public of the state for persons situated without the territorial limits of the United States; and for other purposes.
HB 468. By Mr. Wells of Ben Hill:

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JOURNAL OF THE SENATE,

A bill to regulate the operation of dance halls, road houses, tourist homes, tourist cabins, and clubs in Ben Hill county; and for other purposes.
HB 609. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to create a new charter for the City of East Point to create the office of deputy marshal, fix zoning laws; and for other purposes.
HB 620. By Messrs. Harris of Richmond and Whipple of Bleckley: A bill to amend sections 27-904 and 27-906 of the code relating to surrendering of principal, costs, death of principal and to provide for judgment against bail, service by publication; and for other purposes.
HB 624. By Mr. Hagan of Screven: A bill to abolish the county treasurer for the County of Screven, to provide for the creation of a depository for said county; and for other purposes.
HB 625. By Mr. Hagan of Screven: A bill to correct an injustice to the county treasurer of Screven county; and for other purposes.
HB 504. By Mr. Kendrick of Fulton: A bill to provide that public officials having control of parks and other public property may during the war emergency permit the use of such lands for the growing of food products; and for other purposes.
HB 617. By Messrs. Harris, Nicholson and Holley of Richmond: A bill to provide for an assistant solicitor of the city court of Richmond county; and for other purposes.
HB 628. By Mr. Connell of Lowndes: A bill to amend the charter of the City of Valdosta so as to extend the corporatt> limits; and for other purposes.
HB 629. By Mr. Yawn of Dodge: A bill to require the commissioner of Dodge county to publish a list of voters registered to vote in primary elections ten days prior to each election, and to publish a list of those voting in such primary elections within ten days after the consolidation of the votes; and for other purposes.
HR 58. By Mr. Burnside of McDuffie: A resolution propo:ing an amendment to article 8, section 4, paragraph I, of the constitution, to authorize county board of education, independent school systems and local school districts to contract with each other for the

THURSDAY, MARCH 11, 1943

813

education, transportation and care of children of school age; and for other purposes.

HB 635. By Messrs. Thurmond and Roper of Hall:
A bill to amend an act entitled "Gainesville retirement fund" to provide for persons thirty-five years of age to be employed and participate in said retirement fund; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Rules, read the second time and recommitted:

SR 69. By Senator Millican of the 52nd:
A resolution providing for a joint committee from the Senate and House to revise and edit the rules of each branch of the General Assembly; and for other purposes.
The consent was granted.

Mr. Atkinson of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:

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

SR 69. Do Pass.

Respectfully submitted,
Atkinson of 1st district, Vice-Chairman.

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

HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham: A bill to create a new charter for the Town of Tallulah Falls; and for other purposes.
The report 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.

HB 544. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend the charter of the Town of Palmetto to provide that the

814

JOURNAL OF THE SENATE,

electric and steam plant cannot be sold except upon the assent of two-thirds. of the qualified voters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 545. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend the charter of the City of Palmetto giving the mayor and council authority to fix the salaries of officers and employes; and for other purposes.
The report 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.
HB 615. By Messrs. Connell and Cowart of Lowndes: A bill to amend the charter of the City of Valdosta; to require the city clerk to keep an itemized statement of all salaries and expenses paid each person; and for other purposes.

The report 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.
HR 129. By Mr. McCracken of Jefferson: A resolution to provide for the furnishing of supreme court reports and court of appeals reports to the clerk of the superior court of Jefferson 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 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Millican of the 52nd moved that the Senate reconsider its action of yesterday in defeating the following bill of the House:

THURSDAY, MARCH 11, 1943

815

HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend chapter 32-21 of the code of 1933, entitled "Compulsory School Attendance" so that compulsory school attendance may be enforced for children within the ages of six and sixteen until such child finishes the ninth grade.; and for other purposes.
On the motion to reconsider the ayes were 32, nays 0, and the motion prevailed.
Senator Millican of the 52nd moved that the Senate reconsider its action of yesterday in defeating the following bill of the Senate:
SB 201. By Senator Williams of the 5th: A bill to amend the intangibles tax act to reduce the tax from $1.50 tu $1.00 per $1,000.00 of fair market value of obligations insured by the federal housing administration; and for other purposes.
On the motion to reconsider the ayes were 28, nays 4, and the motion prevailed.
A privileged resolution by Senator Peterson of the 15th granting the privileges of the floor to Honorable Howell Hall, of Soperton, Treutlen county, was read and adopted.
The president introduced to the Senate Sergeant Woodrow Tucker, former messenger of the House.
The following bills and resolutions were read the third time and put upon their passage.
HB 603. By Messrs. Harris, Nicholson and Holley of Richmond:
A BILL
To be entitled an Act to propose to the people an amendment to paragraph two of section six of article seven of the Constitution of the State of Georgia so as to authorize the General Assembly to enact laws to create in Richmond County a retirement or pension fund for county employees and to enact laws to create in Richmond County a pension or retirement fund for the employees of the Board of Health of Richmond County, 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 I. That the Constitution of the State of Georgia is hereby amended as follows, to wit: By adding to Paragraph 2, of Section 6 of Article 7 thereof the following words, to wit:

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JOURNAL OF THE SENATE,

"Provided further, that the General Assembly shall have authority, however, to enact laws authorizing the County of Richmond to create a retirement or pension fund, and a system of retirement or pension pay for county employees not elected by the people and to employees under county officials elected by the people and paid from the county Treasury, and to provide for a contribution to such fund by all such employees by deductions from their pay, and to provide for contributions thereto from the County Treasury of Richmond County, and to provide for an assessment of taxes by Richmond County sufficient to cover such county's contribution, and to establish rules of tenure of office for all such employees.
"Provided further, that the General Assembly shall have authority to enact laws authorizing the Board of Health of Richmond County to create a retirement or pension fund for the employees of such Board, to provide a system of retirement or pension pay for the employees of such Board, to provide for contribution by the City Council of Augusta and Richmond County to such fund, to provide for contribution to such fund by the employees of the Board of Health of Richmond County, to authorize the City Council of Augusta and Richmond County to levy taxes for such fund, and to provide for the tenure of office of such employees.
Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitu~ion shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to he published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.
Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of
this State at the next general election to be held after the publication as provided
for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the word, "For ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to provide a pension or retirement fund for the employees of Richmond County and to enact laws authorizing a retirem~nt or pension fund for the employees of the Board of Health of Richmond County," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to provide a pension or retirement fund for the employees of Richmond County and to enact laws authorizing a retirement or pension fund for the employees of the Board of Health of Richmond County." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitu-

THURSDAY, MARCH II, 1943

817

tion of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict. with this Act be and the same are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Ansley Arnall Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Brock Byrd Clements Cooper Dantzler Dean Ennis Eubank

Forester Fowler Griner Hall Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Lester Martin Millican

lHoore Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Arnold, Boyett, Estes, Foster, Hampton, Kimbrough, Lovett, Shannon and Whitworth of the 30th.

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.

HB 335. By Mr. Turner of DeKalb, and others:

AN ACT
To propose to the qualified voters of Georgia amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a hospital authority, without the necessity of an election and irrespective of the debt limitation provi-

818

JOURNAL OF THE SENATE,

sion of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into; 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 the State of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof, a new paragraph in 'the following language, to wit:
"And except that the City of Atlanta, Fulton County and DeKalb County, or either of these political subdivisions may jointly and severally, by a majority vote of the governing bodies, or bodies, of the respective political subdivisions, enter into contracts each with each other, or with a duly authorized and created Hospital Authority, and assume thereby definite fixed future liabilities or obligations for the period of time provided under and in furtherance of the general powers and oblgiations pertaining to hospitalization authorized by Article 7, Section 6, Paragraph 3, of the Constitution and may agree to levy and levy and collect a tax within the millage limitation as prescribed by the Hospital Authority Act, Georgia Laws 1941, page 241, et seq., and any amendments thereto, for the purpose of complying with the terms of any contract so entered into; such contracts so entered into, and the liabilities or obligations arising thereunder shall not ;-equire an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution."
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 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 of Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Atlanta, Fulton County, and DeKalb County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes." 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, so as to authorize the City of Atlanta, Fulton County, and DeKalb County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, 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, when the result shall be consolidated as now required by law in election for members

THURSDAY, MARCH 11, 1943

819

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:

Ansley

Fowler

Arnall

Griner

Atkinson

Hall

Bacon

Hampton

Bloodworth of 22nd

Harrison

Boyett

Ingram

Brock

Jones

Byrd

Kaigler

Clements

Kennedy

Cooper

Kennon

Dantzler

Lester

Dean

Martin

Ennis

Millican

Forester

Moore

Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Arnold, Bloodworth of the 23rd, Estes, Eubank, Foster, Hollis, Kimbrough, Lovett, Shannon and Whitworth of the 30th.

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.

HR 149. By Mr. Horne of Crisp:

A RESOLUTION
To propose to the qualified voters of Georgia amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the City of Cordele, Crisp County, or either of them to enter into contracts with each other, or with a hospital authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into; to provide for the submission of this amendment for ratification or rejection by the people, and for other purposes:

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JOURNAL OF THE SENATE,

BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA,
Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of the .State of Georgia, which heretofore has been amended, shall be further amended by adding at the end thereof, a new paragraph in the following language, to wit:
"And except that the City of Cordele, County of Crisp, or either of these political sub-divisions, may jointly and severally by a majority vote of the governing body, or bodies, of the respective political sub-divisions, enter into contracts each with the other, or with a duly authorized and created Hospital Authority, and assume thereby definite and fixed future liabilities or obligations for the period of time provided under and in furtherance of the general powers and obligations pertaining to hospitalization authorized by Article 7, Section 6, Paragraph 3, of the Constitution and may agree to levy and collect a tax within the millage limitation as prescribed by the Hospital Authority Act, Georgia Laws 1941, p. 241, et seq. and any amendments thereto, for the purpose of complying with the terms of any contract so entered into; such contracts so entered into, and the liabilities or obligations arising thereunder shall not require an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution."
Section 2. Be it further resolved 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 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 of Article 7, Section 7, Paragraph I, of the Constitution, so as to authorize the City of Cordele, Crisp County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes." 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 I, of the Constitution, so as to authorize the City of Cordele, Crisp County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes." And if the majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the 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 I, of the Constitution of the State and the Governor shall make a proclamation therefor, as provided by law.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, MARCH II, I943

821

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:

Ansley Arnall Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Byrd Clements Cooper Dantzler Dean Ennis Eubank Forester

Foster Fowler Griner Hall Hampton Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Lester Martin Millican

Moore Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Arnold, Brock, Estes, Kimbrough, Lovett, Shannon, and Whitworth of the 30th.

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.

HB 549. By Mr. Adams of Wheeler:

A BILL

To propose to the qualified voters of Georgia an Amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize the Town of Glenwood 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 the existing bonded indebtedness and interest thereon of said town due and unpaid as of July 1, 1943, and any outstanding bonded indebtedness and interest thereon due up to an including January I, 1958; 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 I, I943, and any bonded indebtedness and interest thereon which becomes due up to and including January 1, 1958; 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

822

JOURNAL OF THE SENATE,

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 at the end thereof a new paragraph in the following words, to wit:
"And except that the Town of Glenwood, Wheeler County, Georgia, may issue refunding serial bonds, without restriction as to the limitation of taxable values of property for bond purposes, not in excess of the aggregate sum of $17,500.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said Town outstanding, past due and unpaid on July 1, 1943, and any bonded indebtedness and interest thereon of said city, outstanding and which becomes due up to and including January 1, 1958, and provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the Town of Glenwood to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1943, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1958. Said refunding bonds shall be issued when authorized by a majority vote of the Mayor and Council of the Town of Glenwood, 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 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 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 of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Glenwood, Georgia, to issue refunding bonds." All persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Glenwood, 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 for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution o0f 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.

THURSDAY, MARCH 11, 1943

823

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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean Ennis

Estes Eubank Forester Foster Fowler Griner Hall Hampton Harrison Ingram Kaigler Kennedy Lester Lovett Martin

Moore Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Hollis, Jones, Kennon, Kimbrough, Millican, Shannon, and Whitworth of the 30th.

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.

HB 607. By Mr. Thomas of Chattooga:

A BILL
To be entitled An Act proposing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia to permit the County Board of Education of Chattooga County, or the Trustees of the Summerville School District or other proper authority, to issue bonds in an amount in excess of seven per centum of the taxable property in the Summerville School District for the purpose of replacing in the Summerville School District high school buildings destroyed by fire, and to authorize the proper school authority of Chattooga County, whether it be the Board of Education of said County or the Trustees-of the Summerville School District, to issue bonds in an amount not to exceed $35,000.00 over and above the present indebtedness, for school buildings in the Summerville School District of Chattooga County, and for other purposes.

824

JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA. AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME.
Section 1. That Article 7. Section 7, Paragraph 1 of the Constitution of the State of Georgia, which has heretofore been amended, be and the same is hereby proposed to be further amended by adding at the end of said Paragraph 1, the following language, to wit:
"Except that the Board of Education of Chattooga County, or the Trustees of the Summerville School District whichever may be the proper authority, shall be and are hereby authorized to issue bonds to replace a high school building in the Summerville School District destroyed by fire, in an amount not to exceed $35,000.00 which said amount of $35,000.00 will be in excess of the limitation of seven per centum provided by Article 7, Section 7, Paragraph 1 of the Constitution. After this amendment has been authorized and approved by the qualified voters of the State of Georgia, as required by the Constitution and laws of this State, the bonds herein authorized in the amount of $35,000.00, or as much thereof as the proper school authorities may determine is necessary, shall be issued only after an election held in the Summerville School District at which the qualified voters of said District shall vote either for or against such bond issue and no bonds shall be issued until the same shall have been approved by the qualified voters of the Summerville School District in the method and manner now 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 the State for two months previous to the time of holding the next general election at which proposed amendments of the Constitution of this State may be voted on, the same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of ratification of the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing the proper school authority in Chattooga County to issue bonds in amount not exceeding $35,000.00 to replace a high school building in the Summerville School District destroyed by fire" and all persons opposing the ratification of said amendment shall have written or printed on their ballots the words: "Against the ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing the proper school authority in Chattooga County to issue bonds in an amount not exceeding $35,000.00 to replace a high school building in the Summerville School District destroyed by fire." 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 required by law in a general election at which Constitutional amendments are submitted to the voters of this State, then said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law.
Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

THURSDAY, MARCH 11. 1943

825

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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Clements Dantzler Dean

Ennis Estes Eubank Foster Fowler Hall Hampton Harrison Kaigler Kennedy Martin Newton

Oden Pittman Pope Preston Raynor Simmons Stark Terrell Thigpen Whitworth of 38th Williams

Not voting were Senators Byrd, Cooper, Forester, Griner, Hollis, Ingram, Jones, Kennon, Kimbrough, Lester, Lovett, Millican, 1\tloore, Peterson, Shannon, and Whitworth of the 30th.

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

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

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

SB 187. By Senators Bloodworth of the 23rd, Lester of the 18th, Pope of the 7th, and Forester of the 44th:
A bill to aid in .coordinating national and state defense; to grant certain powers to the Governor and political sub-divisions of the state; to authorize the creation of state and local defense agencies; and for other purposes.

Senator Pope of the 7th moved that SB 187 be tabled, and the motion prevailed.

SB 132. By Senator Atkinson of the 1st:
A bill proposing an amendment to article 3, section 2, of the constitution creating a new senatorial district composed of the counties of Effingham, Bryan and Liberty; and for other purposes.

Senator Ingram of the 51st moved that SB 132 be indefinitely postponed.

On the motion to indefinitely postpone, the ayes were 22, nays 14, and the motion prevailed.

826

JOURNAL OF THE SENATE,

SB 214. By Senators Simmons of the 8th, Estes of the 35th, Arnall of the 36th, Millican of the 52nd, and Williams of the 5th: A bill making legal in the state any foods subject to and complying with the federal food, drug and cosmetic 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 9, nays 19.
The bill, having failed to receive the requisite constitutional majority, was lost.
The president introduced to the Senate the great-grandson of Senator Newton of the 47th and his mother, Mrs. M. W. Barrow.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has disagreed to the Senate amendments to the following bills of the
House to wit:
HB 136. By Looper of Dawson: A bill to prevent syphilis in the unborn child; to require every physician attending or every other person permitted by law to attend pregnant women to take or cause to be taken a specimen of blood of such pregnant women for submission to an approved laboratory for a standard serologic test for syphilis ; and for other purposes.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to establish for D-eKalb county, a DeKalb county waterworks advisory board; and for other purposes.
The House has agreed to the Senate substitutes to the following bills of the House to wit:
HB 87. By Mr. Woodruff of Barrow: A bill to prohibit the sale of horse and dog meat for human consumption in the state; and for other purposes.
HB 189. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: A bill to create a civil service board in Fulton county; and for other purposes.
Mr. Hollis of the 24th District, Chairman of the Committee on Engrossin~?;, submitted the following report:

THURSDAY, MARCH 11, 1943

827

Mr. President: Your Committee on Engrossing have read and examined the following bills
and/or resolutions of the Senate and have instructed me as Chairman, to report the same back tothe Senate as correct and ready for transmission to the House:
SB 56
SB 167
SB 192
SR 56
SR 62 Respectfully submitted, M. R. Hollis, of 24th district, Chairman.
Mr. Boyett of the 11th 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/or 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 Governor:
SB 140
SB 178
SB 197 Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:

SB 210

Respectfully submitted,

R. L. Boyett, of 11th district, Chairman..

828

JOURNAL OF THE SENATE,

Senator Millican of the 52nd asked unanimous consent that the following bill he withdrawn from the Committee on Finance, read the second time, and recommitted:
HB 286. By Messrs. Harden of Turner and Harris of Richmond: A bill to amend an act providing for license to disabled veterans so as to include veterans of the present war; and for other purposes.
The consent was granted.
Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the Committee on Finance, read the second time, and recommitted:
HB 233. By Messrs. Smith of Dougherty and others: A bill to amend the motor fuel tax act relating to the flash point of gasoline, kerosene, and other petroleum products; and for other purposes.
The consent was granted.
Senator Millican of the 52nd asked unanimous consent that the following resolution be withdrawn from the Committee on Finance, read the second time, and recommitted:
SR 66. By Senator Gross of the 31st: A resolution confirming the action of Ex-Governor Talmadge in exempting state tax on aviation gasoline used in planes owned, leased, or under contract with the United States government; and for other purposes.
The consent was granted.
The president presented to the Senate Doctor M. L. Brittain, president of Georgia Tech, who briefly addressed the Senate.
The following bills and resolutions were read the third time and put upon their passage :
SB 213. By Senators Pittman of the 42nd, Whitworth of the 38th, Foster of the 40th and Bloodworth of the 22nd : A bill to direct the secretary of the state to license all persons who have practiced naturopathy in Georgia for three years and who are licensed to practice in South Carolina; and for other purposes.
Senator Oden of the 46th moved that further action on SB 213 be indefinitely postponed.
On the motion to indefinitely postpone the ayes were 16, nays 14, and the motion prevailed.
SB 222. By Senator Millican of the 52nd:

THURSDAY, MARCH 11, 1943

829

A bill to regulate the sale of second hand watches; and for other purposes.
The report 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.
The president introduced to the Senate Honorable A. J. Morse, of Toccoa, and Honorable Frank Welchel, congressman from the 9th congressional district of Georgia.
The following bill was read the third time and put upon its passage:
SB 230. By Senator Atkinson of the lst:
A bill to create a commission to be known as the mansion site lease commission; to authorize said commission in the name and an behalf of the state to execute a lease contract with Henry Grady Hotel Company; and for other purposes.
Senator Millican of the 52nd and Senator Lester of the 18th, members of an investigating committee, previously appointed by the president under the provisions of a report of the Committee on Rules relative to SR 70, submitted the following report:
COMMITTEE REPORT ON HENRY GRADY HOTEL PROPERTY We, your Committee appointed to ascertain certain information with respect to
pending SB 230 known as the MANSION SITE LEASING BILL, beg leave to make the following report and respectfully request that it be made a part of the journal of this body, to wit:
1. We find that the Mansion Site Leasing Commission, composed of Hon. Chas. S. Reid, Mr. Cason Callaway, Judge Frank D. Foley, Mr. Ryburn G. Clay, Mr. Henry Mcintosh, Mr. David S. Atkinson and Hon S. Price Gilbert, has been in existence since 1939, a period of four years, and that during this time the present lease proposal is the only proposal that has been submitted to this Commission.
2. We find that it has been charged since this Bill has been pending that some party, whose name and address the Committee has been unable to ascertain, is reputed to be willing to give the State a larger bonus for the extension of this lease, in addition to the rental for the period covered by the proposed extension. The Committee has talked with officials of the Henry Grady Hotel Company who state that the proposal they have agreed upon with the Lease Commission, as carried in this proposed bill, is the best offer that they are able to make compatible with financing the extensive improvement program proposed in the project. They state further, however, that if there is any possibility of the State securing a better proposal than they are making, they think it the duty of the State to do so. And while they are not sure that they will be in position to hold open the present proposal, due to the contingency of

830

JOURNAL OF THE SENATE,

financing the improvement program at a later date, they are perfectly willing to withdraw from the matter and give the State such opportunity as it wants to secure a better proposal.
3. We further find that to secure the information of the internal operation of the Henry Grady Hotel Company, its sub-tenants, its lessor and various other lessees involved in this property, will require considerable time of auditors to prepare and that the auditors of these various people are at the moment engaged in preparing income tax returns, the deadline for the filing of which is March 15th; therefore, it will be impossible for the Committee to secure this information for this report.
In view of the foregoing findings, we recommend as follows:
a. That any Senator, or other party, having knowledge of any person, firm or corporation interested in giving the State as much, or more, for this lease than is proposed in the present Bill immediately make known to the Commission the name and address of such interested party.
b. That instead of the passage of the current bill, a substitute be passed by this body, a copy of which is hereto attached embodying briefly the following features:
1. Providing for the matter of the lease extension to be held open by the recreation of the Mansion Site Leasing Commission with instructions that they advertise a solicitation for interested parties to submit other proposals for a period of thirty ( 30) days in the public press;
2. That if other interested parties come forward that they be negotiated with to the end that the best possible proposal be worked out for the State not in excess of an additional fifty (50) year period;
3. That the Commission report its findings and actions thereon back to the next session of the General Assembly.
Respectfully submitted,
Senator Millican of the 52nd Senator Lester of the 18th
Senator Jones of the 3rd, chairman of the investigating committee, submitted the following minority report:
MINORITY REPORT
Mr. President and members of the Senate:
I desire to file a minority report as a member of the special committee appointed to obtain certain information in reference to the "Old Mansion Property" relating to SB 230.
This committee was appointed with instructions to ascertain from the lessees or sub-lessees the annual rental being paid to lessees.

THURSDAY, MARCH 11, 1943

831

The majority committee report does not reveal this information and is not in accordance with the duties assigned to this committee by the Senate. The undersigned endeavored to perform his duties by ascertaining the annual rental, however, he was referred from one official to another from the time of his appointment to the filing of this report, and in short, was given the run around by one official "passing the buck" to another.
The undersigned obtained the following information which he was unable to verify:
( 1) Rental paid by lessee of the Red Rock Building $15,500 per year. (2) Rental paid by the Variety Club, $3600.00 per year.
(3) Rental paid by Barber Shop, $2400.00 per year.
He was unable to obtain any infornJation to rental paid by the following: (a) Roxv Thca(er (b) Lane's Drug Store
(c) Muses (d) Fur Shoppe (e) Coffee Shoppe
(f) Beauty Shoppe
(g) Paradise and Dogwood Rooms
(h) Laundry (i) and various other departments not considering the rooms of the hotel that the undersigned is not familiar with.
The undersigned respectfully requests the Senate to disagree with the majority report and recommends the following action by the Senate:
( 1) That thP Puhlic Property Committee of the House and Senate together with the Property Commission be instructed to confer with the lessees of the "Old Mansion Property" and ascertain that if they are dissatisfied with the present lease what they would accept from the State of Georgia for cancellation of same.
(2) If they desire additional improvements to be made and the hotel enlarged, that said plans be submitted to the Public Property Committee of the House and Senate together with the Commission, and that said Commission make recommendations in reference to the State making the improvements with a revision of the lease agreement from the date of the completion of the improvements for term not exceeding thirty years.
That the reports of these committees be made to the next session of the General

832

JOURNAL OF THE SENATE,

Assembly for the reason that no improvements of buildings of any sizable amount can be made until the termination of the present national emergency.
Respectfully submitted,
Senator Jones of the 3rd.
Senator Millican of the 52nd and Senator Lester of the 18th offered the following substitute to SB 230:
A BILL
An Act to create a comm1ss1on to receive proposals for and effect an extension of the lease on the property at the corner of Peachtree, Cain and Spring Streets, in Atlanta, known as the "Governor's Mansion Site"; to report its action thereon to the General Assembly, and for other purposes.
Section 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME: That there is hereby created a commission to be known as the "Governor's Mansion Site Leasing Extension Commission", which shall be composed of Honorable Charles S. Reid, Chief Justice of the Supreme Court of Georgia, Chairman; Honorable Cason Callaway, of Hamilton; Honorable Frank D. Foley, of Columbus; Honorable Ryburn G. Clay, of Atlanta; Honorable H. T. Mcintosh, of Athens; Honorable David S. Atkinson, of Savannah and Honorable S. Price Gilbert, of Glynn County. Said Commission shall examine into, receive proposals on, and compile data looking to the extension of the lease of the property called and known as the Governor's Mansion Site Property, in the City of Atlanta, Fulton County, Georgia, the same having the following metes and bounds:
F ranting East on the west side of Peachtree Street 143 feet; running back west along and parallel with Cain Street, 381.7 feet on the north side of this tract, and 408.1 feet on the south side thereof to Spring Street; and having a west frontage of 146 feet along the east side of said Spring Street; The same constituting the entire area of what was formerly known as the Governor's Mansion Property, whether containing more or less than the exact measurements just above set out; the same being bounded by Peachtree, Cain and Spring Streets and Davison-Paxon Building Property.
Section 2. BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID: That on and after the passage and approval of this Act, the aforesaid Commission shall have the authority to receive proposals for the extension of the present lease of said property as authorized by the Acts of 1921, page 194, for an additional term of years, not to exceed fifty (50) years; that it shall prepare the terms under which all offers to extend the existing lease shall be made; that it shall announce through the newspapers and press services of the State, in the form of news announcements that it is ready to receive such offers to extend said lease; said Governor's Mansion Site Leasing Commission shall make an extension of said lease on said property as soon as possible for the best interest and income therefrom for the

THURSDAY, MARCH 11, 1943

833

State, and that they make contract thereof and make return of their acts and doings to the next regular or special session of the General Assembly.
Section 3. BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID: That all laws or parts of laws in conflict with this Act he and the same are hereby repealed.
Senator Jones of the 3rd offered the following amendment to the substitute to SB 230:
Amend substitute to SB 2~0 by adding the following: Provided however, that any lease contract entered into by said commissioner shall not he binding until after being ratified by the following session of this legislature.
The hour of adjournment h,.ving arrived, SB 230 was carried over as unfinished business until 1\~unday.
l'he president announced the Senate adjourned until 10 o'clock Monday mormng.

834

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, March 15, 1943.

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 Dantzler of the 43rd reported that the journal of Thursday'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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.

The consent was granted.

A privileged resolution by Senator Forester of the 44th, extending the privileges of the floor to Honorable Frank L. Gardner, of Chattanooga, Tennessee, was read and adopted.

A privileged resolution by Senators Millican of the 52nd and Ansley of the lOth, extending the privileges of the floor to the wife of Senator Dean of the 34th, Mrs. George Dean and young song, and appointing James C. Dean and George Colquitt Dean, Jr., assistant messenger and assistant sergeant-at-arms, respectively, for the day, was read and adopted.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed by the reqms1te constitutional majority the following
bills and resolutions of the House to wit:

MONDAY, MARCH 15, 1943

835

HB 11. By Messrs. Wells of Ben Hill, McCracken of 1efferson, Phillips of Colum-
bia and others: A bill to establish a teacher retirement system of Georgia; and for other purposes.
HR 41. By Messrs. Rossee of Putnam and Cannon of Rockdale:
A resolution requesting the United States senators and members of Congress from Georgia to co-operate in supporting legislation to establish a pharmacy corps in the United States army; and for other purposes.
HR 155. By Messrs. Gardner of Mitchell, Durden of Dougherty, and others:
A resolution that the Senate and House of Representatives of Georgia in regular session assembled go on record as opposing the liquidation of the Home Owners' Loan Corporation at this time; and that we urge our senators and representatives in the national congress to vigorously oppose such premature liquidation as being contrary to the purposes for which the corporation was originally created; and for other purposes.
HR 157. By Messrs. Harris of Richmond, Durden of Dougherty:
A resolution due to a shortage materials used in the manufacture of tax paid crowns and lids, the revenue commissioner is authorized to order the use of stamps, labels, or other indications of payment of tax on malt beverages, during the period of the war and six months thereafter or until otherwise directed by the General Assembly; and for other purposes.
HR 158. A resolution to authorize and direct the state librarian to furnish to the
ordinary of Oglethorpe county, without cost, the complete set of the Georgia court of appeals reports; and for other purposes.
HR 163. By Messrs. Burton of Lee, Dunn of Lamar, Welsch of Cobb:
A resolution expressing appreciation to Honorable Wiley Moore, Messrs. Bill Arrington, R. W. Smith and Al Belle Isle for the fine entertainment for the members of the General Assembly on the evening of March lOth.
HR 164. By Mr. Hagan of Screven:
A resolution that all citizens of this state cooperate wholeheartedly with the law enforcement officers and the judiciary in a determined effort to reduce the spread of venereal diseases, and special attention shall be given juvenile delinquents; and for other purposes.
HR 160. By Messrs. Durden of Dougherty and Key of 1asper:
A resolution proposing an amendment to article 7 of the constitution so as to provide that powers of taxation may be exercised by the state through the General Assembly and by counties and municipalities for the purpose

836

JOURNAL OF THE SENATE,

of paying pensions and other costs and benefits under a teacher retirement system or systems; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 333. By Messrs. Dyal of Appling, Adams of Wheeler, and others: A bill to amend section 65-203 and 65-206 of the code of 1933, relating to non-profit cooperative associations so as to permit the granting of charters to such associations for a term of not to exceed 50 years (rather than 20 years as heretofore provided); and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House to wit:
HB 647. By Messrs. Gowen and Gilbert of Glynn: A bill to authorize the commission of the City of Brunswick to use Palmetto Square in said city as a trailer camp or for other forms of temporary war housing for the duration of the war; and for other purposes.
The House insists on its position in disagreeing to the Senate amendments to the following bill of the House to wit:
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to create and establish for DeKalb county a DeKalb county water works advisory board; and for other purposes.
The speaker has appointed as a committee of conference on the part of the House, the following members of the House to wit:
Messrs. Hubert of DeKalb Turner of DeKalb Broome of DeKalb
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 182. By Messrs. Alexander and Grayson of Chatham: A bill to authorize the recovery of attorney's fees and expenses by persons who are named as executors in wills which are contested and subsequently determined to be invalid when such persons in good faith offer the same for probate; and for other purposes.
HB 194. By Messrs. Allison of Gwinnett, Russell of White, and others: A bill to require the inoculation of dogs against rabies; to provide for the creation of the office of rabies inspector in each county; and for other purposes.

MONDAY, MARCH 15, 1943

837

HB 220. By Messrs. Key of Jasper and Harden of Turner, and others:
A bill to amend section 97-202 of the code of 1933 with reference to the authority of the secretary of state to issue licenses or permits for the sale of ~ecurities; and for other purposes.
HB 258. By Mr. Fortson of Wilkes: A bill to amend chapter 68-2 of the code of 1933 by providing that motor vehicles licenses shall be purchased before April first of each year; and for other purposes.
HB 340. By Mr. Mixon of Irwin:
A bill to provide that no court shall discriminate against any person because of his illegitimate birth; that no mother of an illegitimate child, in an action for damages, shall be discriminated against; and for other purpose~.
HB 391. By Messrs. Weaver of Bibb, Connell of Lowndes, and others:
A bill to authorize administrators, executors or other trustees to convey rights of way and easements to the United States, the State of Georgia, or any subdivision or department thereof, or to any person, firm or corporation having the rights of eminent domain ; and for other purposes.
HB 524. By Messrs. Padgett and Pirkle of Echols:
A bill to provide that persons in the state suffering from diabetes shall be furnished insulin by the state department of health; and for other purposes.
HB 528., By Messrs. Mixon of Irwin, Cates of Burke and others:
A bill to amend section 68-623 of the code of 1933 relating to annual registration by motor common carriers, licenses prohibited, fees, and disposition thereof, changing the amount of compensation paid to the members of public service commission out of fees derived from this source; and for other purposes.
HB 531. By Mr. Greene of Jones:
A bill to provide that the court imposing misdemeanor punishment shall have the discretion to entertain motions and to hear evidence at the term in which said misdemeanor sentence was imposed or at any subsequent term; and for other purposes.
HB 556. By Messrs. McCracken of Jefferson, Gowen of Glynn, and others: A bill to amend section 92-201 of the code of 1933 in reference to the exemption from taxation of the profits or income of institutions used purely for charitable purposes; and for other purposes.
HB 596. By Mr. Smith of Dougherty: A bill to amend the motor fuel tax law so as to abolish tax exemptions on

838

JOURNAL OF THE SENATE,

motor fuel and/or kerosene sold to the United States or any of its instrumentalities; and for other purposes.
HB 638. By Mr. Gillis of Treutlen: A bill to require applicants for divorce in the superior court of Treutlin county to deposit with the clerk of said court, before the filing of such applicant's petition for divorce, the sum of fifteen ($15.00) dollars as costs deposit, instead of six ($6.00) dollars; and for other purposes.
HB 644. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to amend an act creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 221. By Senators Lovett of the 16th and Hall of the 50th: A bill to amend an act creating a new charter for the City of Dublin, reincorporating said city, defining its territorial limits; and for other purposes.
The House has agreed to the Senate substitute of the following bill of the House to wit:
HB 589. By Messrs. Gowen and Gilbert of Glynn: A bill to authorize the commission of the City of Brunswick to close the alley between sections nine and ten of the Dart homestead tract, to authorize the conveyance of the same to the adjoining property owners; and for othr purposes.
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 208. By Messrs. Connell of Lowndes and Smith of Carroll, and others: A bill to provide for the equal payment of taxes on all kinds of property; and for other purposes.
HB 410. By Messrs. Swint and Hightower of Spaulding, Strickland of Haralson, Dunn of Lamar and Hicks of Floyd: A bill to amend an act entitled "Farmers' markets; regulation," so as to eliminate the limitation of the number of dealers in farmers markets; and for other purposes.
HB 632. By Messrs. Campbell of Newton, Durden of Dougherty, and others: A bill to authorize the counties of this state, the state board of prisons, and the state highway department to allow the convicts of this state to be

MONDAY, MARCH 15, 1943

839

used in helping the farmers of Georgia for and during the present emergency to plant, tend, and harvest the various crops grown in Georgia, under such reasonable rules and regulations as may be prescribed by the sta!e board of prisons; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 63. By Senators Gross of the 31st, Atkinson of the 1st, and others: A [esolution providing for the appointment of a committee to draft a new constitution for the State of Georgia; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 11. By Messrs. Wells of Ben Hill, McCracken of Jefferson and Phillips of Columbia, and others: A bill to establish a teacher retirement system of Georgia; and for other purposes.
Referred to Committee on Education and Public Schools.
HB 182. By Messrs. Alexander and Grayson of Chatham: A bill to authorize recovery of attorney's fees and expenses by executors in wills which are contested and determined to be invalid when such persons in good faith offer the same for probate; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 194. By Messrs. Allison of Gwinnett, Russell of White, Yawn of Dodge, and others: A bill to require the inoculation of dogs against rabies, to provide a rabies inspector in each county; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne: A bill to amend section 97-202 and section 97-302 of the code of 1933, relative to the authority of the secretary of state to issue licenses or permits for the sale of securities; and for other purposes.
Referred to Committee on State of Republic.
HB 258. By Mr. Fortson of Wilkes: A bill to provide that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.

840

JOURNAL OF THE SENATE,

Referred to Committee on Motor Vehicles.
HB 340. By Mr. Mixon of Irwin: A bill to provide that no court shall discriminate against any person because of illegitimate birth nor against the mother of an illigitimate child in any action for damages; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 391. By Messrs. Weaver of Bibb, and others: A bill to authorize administrators, executors or other trustees to convey rights of way and easements to the United States, the State of Georgia, or any sub-division or department thereof, or to any person, firm or corporation having the right of eminent domain; and for other purposes.
Referred to Committee on State of Republic.
HB 524. By Messrs. Padgett of Echols and Pirkle of Forsyth: A bill to provide that persons suffering from diabetes shall be furnished insulin by the state department of health; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 528. By Mr. Mixon of Irwin, Cates of Burke, Phillips of Columbus, and McCracken of Jefferson. A bill to amend section 68-623 of the code of 1933 to provide the amount of compensation paid to members of the public service commission from fees derived from registration of motor common carriers shall be changed; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 531. By Mr. Greene of Jones: A bill to provide that the judge imposing misdemeanor sentences may entertain motions for parole at any time; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 556. By Messrs. McCracken of Jefferson, Gowen of Glynn, Durden of Dougherty: A bill to amend section 92-201 of the code of 1933 to provide that profit or income which may be received by institutions and used for purely charitable purposes shall be exempt; and for other purposes.
Referred to Committee on Finance.

MONDAY, MARCH 15, 1943

841

HB 596. By Mr. Smith of Dougherty: A bill to amend the motor fuel tax law by striking sub-paragraph D of section 92-1403, which exempted the federal government from paying the motor fuel tax; and for other purposes.
Referred to Committee on Finance.
HB 638. By Mr. Gillis of Treutlen: A bill to require all applicants for divorce in the Superior Court of Treutlin county to deposit with the clerk of said court, the sum of $15.00 as costs deposit, instead of $6.00; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 644. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to amend an act of 1943 creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
Referred to Committee on Municipal Government.
HB 647. By Messrs. Gowen and Gilbert of Glynn: A bill to authorize the commission of the City of Brunswick to use Palmetto Square in said city as a trailer camp or for other forms of temporary war housing for the duration of the present war; and for other purposes.
Referred to Committee on Municipal Government.
HB 208. By Messrs. Connell of Lowndes, Smith of Carroll, and others: A bill to provide for the equal payment of taxes on all kinds of property; and for other purposes.
Referred to Committee on State of Republic.
HB 410. By Messrs. Swint and Hightower of Spaulding, Strickland of Haralson, Dunn of Lamar and Hicks of Floyd: A bill to amend an act to eliminate the limitation of the number of dealers in farmers' markets; and for other purposes.
Referred to Committee on State of Republic.
HB 632. By Messrs. Campbell of Newton, Durden of Dougherty, and others: A bill to amend section 77-207 of the code of 1933 by adding that it shall be lawful for the prison commission, state highway department, counties, to hire convicts to the farmers of this state for farm work during the

842

JOURNAL OF THE SENATE,

present crisis and for the duration of the present war; and for other purposes.
Referred to Committee on Agriculture.
HR 141. By Messrs. Rossee of Putnam and Cannon of Rockdale:
A resolution requesting the United States senators and members of congress from Georgia to co-operate in supporting legislation to establish a pharmacy corps in the United States army; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HR 155. By Messrs. Gardner of Mitchell, Durden of Dougherty, and McCracken of Jefferson: A resolution that the Senate and House of Representatives of Georgia in regular session assembled go on record as opposing the liquidation of the Home Owners' Loan Corporation at this time; and that we urge our senators and representatives in the national Congress to vigorously oppose such premature liquidation as being contrary to the purpose for which the corporation was originally created; and for other purposes.
Referred to Committee on State of Republic.
HR 157. By Messrs. Harris of Richmond, Durden of Dougherty: A resolution due to a shortage of materials used in the manufacture of tax paid crowns and lids, the revenue commissioner is authorized to order the use of stamps, labels, or other indications of payment of tax on malt beverages, during the period of the war and six months thereafter or until otherwise directed by the General Assembly or Governor; and for other purposes.
Referred to Committee on Finance.
HR 158. By Mr. Smith of Oglethorpe: A resolution to authorize and direct the state librarian to furnish to the ordinary of Oglethorpe county, without cost, the complete set of the Georgia supreme court reports and Georgia court of appeals reports; and for other purposes.
Referred to Committee on Public Library.
HR 160. By Messrs. Durden of Dougherty and Key of Jasper: A resolution proposing an amendment to article 7 of the constitution so as to provide that powers of taxation may be exercised by the state through the General Assembly and by counties and municipalities for the purpose of paying pensions and other costs and benefits under a teacher retirement system or systems; and for other purposes.

MONDAY, MARCH 15, 1943

843

Referred to Committee on Amendments to the Constitution.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

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

SR 66. Do Pass

Respectfully submitted,
Simmons, of 8th district, Chairman.

Mr. Moore of the 32nd 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:

HB 640. Do Pass

HB 535. Do Pass

HB 534. Do Pass

HB 614. Do Pass

Respectfully submitted,

Moore, of 32nd district, Chairman.
Mr, Foster of the 40th District, Chairman of the Committee on Agricultur~, submitted the following report:

Mr. President:
Your Committee on Agriculture have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HR 161. Do Pass

Respectfully submitted, Foster, of 40th district, Chairman.

844

JOURNAL OF THE SENATE,

Mr. Cooper of the 18th District, Chairman of the Committee on Public Library, submitted the following report:

Mr. President:
Your Committee on Public Library have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HR 119. Do Pass

Respectfully submitted,
R. T. Cooper, of 14th district, Chairman.

Mr. Ingram of the 51st 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:

HB 623. Do Pass by substitute

HB 602. Do Pass

Respectfully submitted,
R. A. Ingram, of 51st district, Chairman.

Senator Kennedy of the 2nd 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:

HB 577. Do Pass.

Respectfully submitted, Kennedy, of 2nd district, Chairman.

Senator Terrell of the 19th 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

MONDAY, MARCH 15, 1943

845

following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 407. Do Pass

Respectfully submitted,

Terrell, of 19th district, Chairman.

Mr. Moore of the 32nd 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:

HB 627. Do Not Pass

HB 618. Do Pass

HB 571. Do Not Pass

HB 616. Do Pass

HB 626. Do Not Pass

HB 612. Do Pass by substitute

HB 551. Do Not Pass

HB 329. Do Not Pass Respectfully submitted,
G. H. Moore, of 32nd district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back .to the Senate with the following recommendations:

HB 424. Do Pass Respectfully submitted, Lester, of 18th district, Chairman.
Mr. Terrell of the 19th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

846

JOURNAL OF THE SENATE,

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the folowing bills and resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 205. Do Not Pass

SR 68. Do Not Pass

Respectfully submitted, Terrell, of 19th district, Chairman.

Mr. Pope of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to Constitution have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HR 92. Do Pass

HR 146. Do Pass

HB 584. Do Pass

Respectfully submitted, Pope, of 7th district, Chairman.

Mr. Hollis of the 24th 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/or 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:

SB 222.

SB 229.

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

The following bills and resolutions, favorably reported by the committees, were read the second time :
HB 407. By Mr. Chance of Twiggs:

MONDAY, MARCH 15, 1943

847

A bill to require the state highway board to have its patrolmen to burn the shoulders of all state highways to protect the forests; and for other purposes.
HB 424. By Mr. Mixon of Irwin: A bill to amend the absentee voters law to simplify voting and provide that commissioned officers of the army may witness said ballot; and for other purposes.
HB 584. By Messrs. Broome, Hubert and Turner of DeKalb: A bill proposing an amendment to article 7, section 6, paragraph 2, of the constitution authorizing DeKalb county to levy a county-wide tax of one mill for educational purposes; and for other purposes.
HB 534. By Mr. Bynum of Rabun: A bill to provide for a referendum on the question of abolishing the city court of Rabun county; and for other purposes.
HB 535. By Mr. Hubert of DeKalb: A bill to provide that justices of the peace shall lay their dockets before grand juries only on the first day of the first term of superior court in each calendar year; and for other purposes.
HB 577. By Messrs. Anderson of Wayne, and others: A bill to make it a felony for any person to maliciously and wilfully fire woods; and for other purposes.
H B 602. By Messrs. Harris, Hollis and Nicholson of Richmond: A bill to provide that the judge of the city court of Richmond county may practice law in civil cases not in his own court; and for other purposes.
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the number of deputies and assistants to county officials of Richmond county, and to fix their salaries; and for other purposes.
HB 614. By Mr. Chance of Twiggs: A bill to provide that the term of county commissioners of Twiggs county shall be for four years; and for other purposes.
HB 616. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salary of the assistant solicitor general of the superior court of Richmond county; and for other purposes.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond:

848

JOURNAL OF THE SENATE,

A bill to fix the salary of clerk. of the solicitor general of the Augusta circuit for Richmond county; and for other purposes.
HB 623. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salaries and compensation of certain officers and deputies of the municipal court of Augusta; and for other purposes.
HB 640. By Mr. Odum of Baker:
A bill to provide that the commissioners of Baker county shall be elected from their respective districts and not by a county-wide vote; and for other purposes.
HR 92. By Messrs. Smith of Muscogee, and others:
A resolution proposing an amendment to article 6, section 16, paragraph 1, of the constitution to provide members of the armed forces who have resided in the state for a year may file suits for divorce; and for other purposes.
HR 119. By Messrs. Rossee of Putnam and Crummey of Wilcox:
A resolution authorizing the commissioner of agriculture to promulgate rules and regulations relative to textile and paper shipping bags in conformity with orders of the war production board; and for other purposes.
HR 146. By Messrs. Grayson of Chatham and Durden of Dougherty:
A resolution proposing an amendment to article 3, section 7, of the constitution to provide that neither the state nor any county or city shall maintain any civil service scheme without providing for preferences to veterans of any war; and for other purposes.
HR 161. By Messrs. Swint of Spalding, Fortson of Wilkes, Mrs. Guerry of Macon, and others:
A resolution memoralizing Honorable Claude R. Wickard, secretary of agriculture, and the Georgia delegation in Congress to remove restrictions on the production of all farm crops essential to the war effort; and for other purposes.
The following local uncontested bills and resolutions of the House were read the third time and put upon their passage:
HB 240. By Messrs. Hicks and Littlejohn of Floyd: A bill to amend section 24-2728 of the code of 1933 providing for fees of clerks in counties having less than fifty thousand population by striking the words and figures "fifty thousand" wherever the same appear in said code section and by inserting in lieu thereof the words and figures "sixty-fin thousand"; and for other purposes.

~IONDAY, MARCH 15, 1943

849

The report 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 requisitt" constitutional majority; was passed.
HB 468. By Mr. Wells of Ben Hill: A bill to regulate the operation of dance halls, road houses, tourist homes, tourist cabins, and clubs in Ben Hill county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 609. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act to create a new charter for the City of East Point to create the office of deputy marshal, fix zoning laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed. HB 617. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to provide for an assistant solicitor general of superior court of Richmond county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 624. By Mr. Hagan of Screven: A bill to abolish the county treasurer for the County of Screven; to provide for the creation of a depository for said 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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On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 625. By Mr. Hagan of Screven: A bill to correct an injustice to the county treasurer of Screven county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 628. By Mr. Connell of Lowndes: A bill to amend the charter of the City of Valdosta so as to extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 629. By Mr. Yawn of Dodge: A bill to amend an act to create, the office of commtsstoner of roads and revenues in and for Dodge county by prescribing other and additional duties of said officer, and to require him to publish once in the official organ of Dodge county a list of the voters registered and qualified to vote in all primary elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 635. By Messrs. Thurmond and Roper of Hall: A bill to amend an act entitled "Gainesville retirement fund" so as to provide that the retirement pay provided in said act shall be amended by averaging the rate of pay received over the full period such employee has participated in the retirement fund; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 15, 1943

851

On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Dean of the 34th moved that the Senate insist on its amendment to the following bill of the House and that a conference committee be appointed:
HB 437. By Messrs. Broome, Turner and Hubert of DeKalb: A bill to create a DeKalb county waterworks advisory board, to define and prescribe the powers and authority of such board; and for other purposes.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators: Dean of the 34th Pope of the 7th Preston of the 27th
The president introduced to the Senate Honorable Chip Robert, who presented Captain Harry Collins, vice president of the Bell Aircraft Corporation, both of whom briefly addressed the Senate and extended an invitation to visit the Bell Bomber Plant in Marietta, March 16, 1943.
The president introduced the Honorable Jimmie Carmichael, of Marietta, former member of the House, who briefly addressed the Senate.
Senator Lester of the 18th moved that the Senate accept the invitation to visit the Bell Bomber Plant, and the motion prevailed.
Senator Atkinson of the 1st asked unanimous consent that the Senate recess at 12:45 tomorrow until3:15 for the purpose of visiting the Bell Bomber Plant and the consent was granted.
The following bill, carried over as unfinished business from Thursday's session, was taken up for consideration:
SB 230. By Senator Atkinson of the 1st: A bill to create a commission to be known as the mansion site lease commission; to authorize said commission, in the name and on behalf of the state, to execute a lease contract with the Henry Grady Hotel Company; and for other purposes.
A substitute to SB 230 had been offered on Thursday by Senators Millican of the 52nd and Lester of the 18th.
Senator Terrell of the 19th offered the following amendment to the substitute:
Amend substitute to SB 230 by striking the word "shall" as it appears in line 10,

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Section 2, thereof, and substituting in lieu thereof the word "may". And by inserting between the words "they" and "make" in line 11, Section 2, thereof the word "may" and by adding the following sentence at the last of Section 2 thereof: "Provided, however, that before said contract or contracts shall be valid and of full force and effect the same must be confirmed at the next regular or special session of the General Assembly next following the execution of this contract or contracts."

The amendment was adopted.

Senator Lovett of the 16th asked unanimous consent that the following communication be read by the secretary, and the consent was granted:

TO THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
The Western & Atlantic Railroad Commission on March 8, 1943, made a written report to your body and with their report submitted a proposed contract to be entered into between the State of Georgia, and Henry Grady Hotel Company, a corporation, covering lease of property of the State, located in Atlanta, formerly known as "The Mansion Property", and now occupied by the structures known as the Henry Grady Hotel, Henry Grady Office Building, Red Rock Building, and the Roxy Theatre.

There is now in existence a lease covering this property dated February I, 1922, and expiring May 31, 1972.

The submitted contract offers, in addition to the rental now received by the State under existing leases, to pay to the State of Georgia, $50,000.00 in four equal annual installments of $12,500.00 each, payable on or before June lOth in the years 1943, 1944, 1945 and 1946, and likewise payment of $5,000.00 annually, payable in equal monthly installments in advance, beginning June 10, 1943, and ending May 10, 1972.

It will be seen from this that the $50,000.00 offered is payable in four annual installments of $12,500.00 each, and the $5,000.00 per year offered is payable annually in equal monthly installments in advance.

The undersigned Lovett & Brinson, Inc., a corporation of Dublin, Laurens County, offers to lease the property referred to under all of the terms and conditions as set out in the proposed lease contract attached to the report of Western & Atlantic Railroad Commission with the following exceptions:

The submitted offer attached to the report of the report of the Western & Atlantic Commission of $50,000.00 is to be paid $12,500.00 annually on or before June 10, 1943, 1944, 1945 and 1946, respectively.

We offer payment of $5,000.00 per year payable annually in advance for the same period of time EXCEPT for the last year which period we offer to pay $10,000.00 annually in advance.

Also the following exceptions :

In the contract as attached to the report of The Western & Atlantic Railroad Commission under title "Amount to be expend~d for improvements", it is provided

:VIONDAY, MARCH 15, 1943

853

"As a further part of the consideration for the extension of the present lease on said property, the Lessee is bound to erect on or before June 1, 1%5, a fire proof building or buildings to contain not less than 2,375,000 cu. ft. which it is estimated will cost not less than One Million Five Hundred Thousand ($1,500,000.00) Dollars."

Since the said outstanding contract does not -expire until May 31, 1972, we would have no right of possession to the premises referred to until the beginning of the new contract commencing June 1, 1972. For this reason it would be impossible for us to comply with the foregoing stated provision, and in lieu thereof, we would insist that there be substituted the following:
"As a further part of the consideration for the extension of the present lease on said property, the Lessee is bound to erect on or before June 1, 1992, a fire proof building or buildings, which it is estimated will cost not less than One Million Five Hundred Thousand ($1,500,000.00) Dollars."

With the foregoing exceptions we offer to lease the property referred to under the same terms and ..:onditions as set out in the proposed contract between the State of Georgia, and the Henry Grady Hotel Company attached to the report of The Western & Atlantic Railroad Commission under date of March 8, 1943.

THIS MARCH 13, 1943.

LOVETT & BRINSON, INC. (Signed)
By- W. H. Lovett, Pres.

Senator Atkinson of the 1st asked unanimous consent that the Senate recess at 1:30, return at 2 o'clock and stay in session until all Senate bills and resolutions are disposed of, and the consent was granted.

Senator Jones of the 3rd moved that SB 230, the substitute and all amendments be indefinitely postponed.

On the motion to indefinitely postpone, Senator Jones of the 3rd called for the ayes and nays and the call was sustained.

Senator Harrison of the 17th asked unanimous consent to reconsider the action of the Senate in calling for the ayes and nays, and the consent was granted.

On the motion to indefinitely postpone, the ayes were 21, nays 20, and the motion prevailed.

Senator Millican of the 52nd asked unanimous consent to be recorded as voting "aye" on the motion to indefinitely postpone and the consent was granted.

Senator Jones of the 3rd asked unanimous consent to be recorded as voting "aye" on the motion to indefinitely postpone and the consent was granted.

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JOURNAL OF THE SENATE,

The president asked unanimous consent that all Senate bills and resolutions passed today, be immediately transmitted to the House and the consent was granted.
The president asked unanimous consent that the following bill be recommitted to the Committee on Insurance.
HB 133. By Messrs. Allison of Gwinnett, Burnside of McDuffie and others: A bill to levy a $5.00 fee against each insurance company for every agent, solicitor, sub-agent, manager, assistant manager, superintendent or assistant superintendent and to levy a preimum tax of one and one half per cent on insurance; and for other purposes.
Senator Simmons of the 8th objected, and the consent was not granted.
The president introduced to the Senate the wife of Senator Dantzler of the 43rd.
The following resolution was read and adopted:
SR 71. By Senators Lovett of the 16th and Shannon of the 21st: A resolution whereas, there is now pending in the national congress a bill designated as "Farm Labor Appropriation Bill HJR-96," which transfers handling of farm labor from FSA to extension service in each state and forbids use of funds appropriated to impose minimum wages, collective bargaining, or union membership on agricultural labor. Therefore be it resolved that the Senate urge the Georgia delegation in Congress to support the measure; and for other purposes.
The time to recess having arrived, the Senate recessed for 30 minutes and reconvened at 2 o'clock.
The following resolution was read and adopted:
SR 72. By Senator Terrell of the 19th; and Senator Lester of the 18th:
A RESOLUTION WHEREAS, the genial Speaker of the House has been sick for some days and,
WHEREAS, the members of the Senate have been deeply sympathetic and anxious that he speedily recover,
THEREFORE, BE IT RESOLVED that we, as individuals and as a body, extend our congratulations and express our deep pleasure in the fact that he is back on the job and in position to carry on the wonderful service and extend to us the outstanding cooperation which has been characteristic of his conduct in his high office during this entire session.
The following resolution was read and adopted:

MON"DAY, MARCH 15, 1943

855

SR 73. A resolution resolving that the General Assembly adjourn sine die at six p. m. on Thursday, March 18, 1943.
A privileged resolution by Senator Bloodworth of the 22nd extending the privileges of the floor to the wife of Senator Bloodworth of the 23rd, was read and adopted.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 117. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th and others: A bill to abolish the present state board of public welfare and establish a state board of social security to consist of the director and ten additional members; and for other purposes.
The House offered the following amendment:
Mr. Welsch of Cobb moves to amend SB 117 by striking from section one thereof the following language:
"Three members of the State Board of Social Security shall be appointed by the Governor and confirmed by the Senate for terms of two years; three members shall be appointed and confirmed for terms of four years; and four members shall be appointed and ~onfirmed for terms of six years," and by substituting in lieu thereof the following:
"All members of the State Board of Social Security shall be appointed by the Governor and confirmed by the Senate for terms, respectively, to run concurrently with the term of office of the Governor making the appointment of such member or members, and to expire with the term of the Governor making such appointment, or appointments."
Senator Millican of the 52nd moved that the Senate concur in the House amendment to SB 117.
On the motion to concur, the ayes were 30, nays 0, and the amendment was concurred in.
Senator Atkinson of the 1st moved that the Senate recede from its amendment to the following bill of the House:
HB 136. By Mr. Looper of Dawson: A bill to require every physician or other persons permitted by law to attend pregnant women to take a specimen of blood for laboratory test; and for other purposes.
Senator Bacon of the 28th moved that the Senate insist on its amendment to HB 136.

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JOURNAL OF THE SENATE,

The motion to recede took precedence.
Senator Millican of the 52nd called for the previous question on the motion to recede and the call was sustained.
On the motion to recede, the ayes were 28, nays 5, and the amendment was receded from.
The following bills and resolutions were read the third time and put upon their passage:
SB 186. By Senators Lester of the 18th, Pope of the 7th, Bloodworth of the 23rd and Forester of the 44th : A bill to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 233. By Senators Atkinson of the 1st, Pope of the 7th, Gross of the 31st and Lester of the 18th: A bill to amend section 24-104 of the code to provide that all trial judges having jurisdiction to try and sentence persons charged with misdemeanor shall have power to grant probation at any time prior to the expiration of the sentence; and for other purposes.
Senator Foster of the 40th moved that SB 233 be tabled.
On the motion to table the ayes were 18, nays 17, and the motion prevailed.
SB 235. By Senator Bloodworth of the 22nd: A bill to amend the general tax act of 1935 by providing for a reduction of the insurance premium tax when the assets of an insurance company are invested in bonds and securities issued by the United States not to exceed 20 per cent of the total assets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 7, nays 28.
The bill, having failed to receive the requisite constitutional majority, was lost.

:\-IOi'."DAY. MARCH 15, 1943

857

The following bill was taken up for the purpose of considering a House substitute thereto :
SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th, Harrison of the 17th and Bacon of the 28th: A bill to create the office of judge emeritus, to provide any judge of the court of appeals or the supreme court, with continuous unbroken judicial service for ten years, who shall have attained the age of seventy years, shall be eligible; and for other purposes.
The House substitute was as follows:
By Mr. Weaver of Bibb:

A BILL
To be entitled an Act to create the positions of 1udges Emeritus, to provide
for the eligibility of persons for appointment to such positions; to provide for the method of appointment to such positions, and salaries to those holding such positions and their tenure of office; to provide that such persons holding such positions shall constitute an advisory appellate council of Georgia; to provide for its duties and the duties of those holding said positions; and for other purposes.
Section l. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there is hereby created the
offices of 1udges Emeritus. Persons eligible for appointment to such office shall be any 1udge of the Court of Appeals of the State of Georgia who shall have attained
the age of seventy years, or who on his next birthday will be seventy years of age, and shall have been in continuous service as a judge for more than ten years upon the Court of Appeals of Georgia, or the Supreme Court, or partly upon one or the other of said courts, but with continuous unbroken judicial service for ten years. The Governor shall appoint to any such position anyone eligible under the provisions of this Act, who shall advise the Governor in writing that he desires to resign from the office of Judge of the Court of Appeals and accept appointment as Judge Emeritus, and upon such appointment being made by the Governor the resignation shall
automatically be effective. A 1udge Emeritus shall receive an annual salary equal
to two-thirds of the salary provided by law for a judge of the Court of Appeals
at the time of the appointment of such 1udge Emeritus.
Section 2. Be it further enacted, That all persons appointed to any of the foregoing offices by this Act created shall hold for life.
Section 3. Be it further enacted by the authority aforesaid that a Judge Emeritus shall constitute, or be a member of an Advisory Appellate Council, which Advisory Appellate Council is hereby created. It shall be the duty of such Advisory Appellate Council, and of its members, to consult with the Supreme Court and the Court of

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JOURNAL OF THE SENATE,

Appeals, and to advise and assist each of said courts in the revision of the rules of practice of the said courts, in handling the administrative duties now or hereafter placed upon said courts by law; Provided, however, that the Advisory Appellate Council and its members shall not participate, directly or indirectly, in the decision of any cases coming before the said courts for decision. It shall also be the duty of said Advisory Appellate Council to consult with the Attorney-General arid the assistants to the Attorney-General upon legal matters when their advice and consultation is requested. It shall further be the duty of the said Advisory Appellate Council to consult with committees of the General Assembly, and to furnish advice and information to said committees of the General Assembly upon questions of law when their advice and assistance is requested.
Section 4. Be it further enacted, That there may be as many members of said Council as there are at any one time persons previously appointed and serving on said Council under this Act, added to the number otherwise eligible under this A:t to be appointed.
Section 5. Provided, however, That any Judge of the Court of Ap~als who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Judge Emeritus, nor shall any such Judge be eligible to accept the provisions of this Act thereafter and before the expiration of the term such Judge is then serving.
Section 6. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed.
Senator Stark of the 33rd moved that the Senate concur in the House substitute.
On the motion to concur, the ayes were 34, nays 0, and the substitute was concurred in.
The following bill of the Senate was read the third time and put upon its passage.
SB 223. By Senator Millican of the 52nd:
A bill to authorize judges of the superior courts to continue grand juries in session beyond the end of any term of court for which they were impaneiled; authorizing judges of superior courts to draw and impanel special grand juries; and for other purposes.
The Committee on General Judiciary No. l offered the following amendment:
Amend SB 223, by adding a new section to be known as section 5A and reading
as follows: "No grand jury so continued beyond their regular term under the provisions of this act shall be continued for a term longer than four months after their regular term has expired."
The amendment was adopted.

MONDAY, MARCH 15, 1943

859

Senator Ingram of the 51st moved that SB 223 be tabled.
On the motion to table, the ayes were 10, nays 19, 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 27, nays 7.
The bill, having received the requisite constitutional majority, was passed a> amended.
The following bills and resolutions were read the third time and put upon their passage:
SB 113. By Senator Shannon ofthe 21st: A bill to amend the highway mileage aq to add a road in Twiggs, Bleckley and Bibb counties to the highway system; and for other purposes.
_The report of the committee, which was favorable to the passage of the bill, W:JS agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 114. By Senator Shannon of the 21st: A bill to add a road in the counties of Twiggs and Wilkinson to the highway system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 241. By Senator Bloodworth of the 22nd: A bill to increase the salary of the director of the veterans' service office to $4,800; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SR 65. By Senators Forester of the 44th, Foster of the 40th and others:

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JOURNAL OF THE SENATE,

A resolution to confirm, renew and continue a concurrent resolution of the General Assembly, approved March 6, 1941, relating to the boundary line between the State of Georgia and the State of Tennessee; 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, Senator Forester of the 44th 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:

Bloodworth of 22nd

Hollis

Clements

Ingram

Cooper

Jones

Dantzler

Kennedy

Ennis

Kennon

Forester

Lester

Foster

Newton

Hall

Peterson

Pittman Preston Simmons Terrell Whitworth of 38th Williams

Those voting in the negative were Senators:

Atkinson Bacon Boyett Brock Byrd

Harrison Kaigler Lovett Oden Shannon

Stark Thigpen Whitworth of 30th

Not voting were Senators Ansley, Arnall, Arnold, Bloodworth of the 23rd, Dean, Estes, Eubank, Fowler, Griner, Hampton, Kimbrough, Martin, Millican, Moore, Pope and Raynor.

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

On the adoption of the resolution, the ayes were 22, nays 13.

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

SR 66. By Senator Gross of the 31st: A resolution confirming the action of former Governor Talmadge in exempting state tax on aviation gasoline used in planes owned, leased, or under contract with the United States government; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, MARCH 15, 1943

861

On the adoption of the resolution, the ayes were 27, nays 3.

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

HB 140. By Messrs. Caldwell, Hill and Dallis of Troupe:
A bill to authorize the department of public health to destroy certain correspondence, records, and reports, after two years; and for other purposes.

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

On the passage of the bill, no quorum voted.

The president ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Boyett Brock Byrd Clements Cooper Dantzler

Forester Griner Hall Harrison Hollis Ingram Kaigler Kennedy Kennon Lester Millican Newton

Peterson Pope Preston Raynor Shannon Simmons Thigpen Whitworth of 30th Whitworth of 38th Williams

Those voting m the negative were Senators:

Jones

Stark

Not voting were Senators Bloodworth of the 23rd, Dean, Ennis, Estes, Eubank, Foster, Fowler, Hampton, Kimbrough, Lovett, Martin, Moore, Oden, Pittman and Terrell.

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

On the passage of the bill, the ayes were 34, nays 2.

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

HB 552. By Mr. McCracken of Jefferson and others:
A bill to abolish the state examining boards included in title 84 of the code of 1933 and the acts of 1937, 1939, and 1941, and to create in lieu thereof state examining commissions; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Lester of the 18th offered the following substitute:
A BILL To be entitled An Act to abolish the present State Examining Boards included in Title 84 of the Georgia Code of 1933 and those created by the Acts of 1937 (Ga. Laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564) The Acts of 1939 (Ga. Laws 1939, p. 226) The Acts of 1941, (Ga. Laws 1941, p. 342), and to create in lieu thereof a new State Examining Boards and Commissions, to provide for the appointment, qualifications, terms of office, tenure, powers, duties, perquisites, authorities, etc., of the new State Examining Boards and Commissions and the membership thereof; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The following present State Examining Boards included in Title 84 of the Georgia Code of 1933, and those created by the Acts of 1937 (Ga. Laws 1937, pp. 208,209,245,246,294,295,296, 564) The Acts of 1939 (Ga. Laws 1939, p. 226) The Acts of 1941, (Ga. Laws 1941, p. 342), are hereby abolished:
1. State Board of Examiners of Public Accountants.
2. Georgia State Board for the Examination and Registration of Architects.
3. State Board of Barber and Hairdresser Examiners.
4. Georgia Board of Chiropractic Examiners.
5. State Board of Chiropody Examiners.
6. Board of Dental Examiners of Georgia.
7. Georgia State Board of Embalming.
8. State Board of Medical Examiners.
9. Board of Examiners of Nurses for Georgia.
10. Georgia State Board of Examiners in Optometry.
11. State Board of Osteopathic Examiners of Georgia.
12. Georgia State Board of Pharmacy.
13. Georgia Real Estate Commission.
14. Stationary Engineers and Firemen.
15. Georgia State Board of Veterinary Examiners.
16. State Board of Registration for Professional Engineers and Surveyors.
17. State Board for the Certification of Librarians.

MONDAY, MARCH 15, 1943

863

Section 2. The following new State Examining Boards and Commissions are hereby created:
1. State Board of Examiners of Public Accountants.
2. Georgia State Board for the Examination and Registration of Architects.
3. State Board of Barber and Hairdresser Examiners.
4. Georgia Board of Chiropractic Examiners.
5. State Board of Chiropody Examiners.
6. Board of Dental Examiners of Georgia.
7. Georgia State Board of Embalming.
8. State Board of Medical Examiners.
9. Board of Examiners of Nurses for Georgia.
10. Georgia State Board of Examiners in Optometry.
11. State Board of Osteopathic Examiners of Georgia.
12. Georgia State Board of Pharmacy.
13. Georgia Real Estate Commission.
14. Stationary Engineers and Firemen.
15. Georgia State Board of Veterinary Examiners.
16. State Board of Registration for Professional Engineers and Surveyors.
17. State Board for the Certification of Librarians.
Section 3. The new State Examining Boards and Commissions, hereby created, shall be comprised of the number of members as now provided by law for the present Examining Boards. The said new Examining Boards and Commissions provided for by this Act shall have the powers and duties now provided by law for the present Examining Boards, and such as may be hereafter provided and shall be subject to all provisions of law with respect to the said present State Examining Boards and Commi~sions not inconsistent with this Act.
Section 4. The members of the respective new State Examining Boards and Commissions created by this Act shall be appointed by the Governor with the approval of the Secretary of State and shall be confirmed by the Senate. The terms of such members of said Examining Boards and Commissions created by this Act shall be for the unexpired terms and full terms as provided by law relative to the present Examining Boards and Commissions and the respective Boards which are abolished by this Act.

864

JOURNAL OF THE SENATE,

Section 5. The qualifications, tenures, rights, duties, authorities, purposes, perquisites, and prerogatives of the new State Examining Boards and Commissions, the particular new State Examining Boards and Commissions, and the members of said Boards and Commissions shall be those now provided by law for the present State Examining Boards. The respective new State Examining Boards and Commissoins, and the members thereof shall exercise the rights, duties and authorities in as full and complete a manner as they were exercised by the members of the present State Examining Boards hereby abolished. The qualifications for members of the new State Examining Boards and Commissions shall be those now required for members of the present State Examining Boards which are hereby abolished.

Section 6. Where members to be appointed to the various present Examiniqg Boards are recommended to the Governor from named groups in the present law, the same system and procedure shall govern the appointment of members to the new State Examining Boards and Commissions hereby created.

Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Senator Dean of the 34th offered the following amendment to the substitute:
Amend HB 552 by striking therefrom all references to Georgia State Board of Embalming and Georgia Commission of Embalming, and removing section 1,
item 7, and from section 2 of said bill, item 7.

The amendment was adopted.

Senator Millican of the 52nd offered the following amendment to the substitute:
Amend HB 552 by adding a new section to be known as section SA and reading as follows: "The provisions of this act shall not apply to any board or commissions appointed by municipal or county authoritres."

The amendment was adopted.

The substitute was adopted as amended.

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 Lester 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:

Ansley Arnall Arnold Atkinson

Bloodworth of 22nd Boyett Brock Clements

Cooper Dean Eubank Forester

MONDAY, MARCH 15, 1943

865

Foster Griner Hollis Ingram Kennon Lester

Newton Oden Peterson Pittman Pope Preston

Raynor Simmons Terrell Thigpen Whitworth of 30th Williams

Those voting in the negative were Senators:

Bacon Byrd Dantzler Ennis

Hall Harrison Millican

Shannon Stark Whitworth of 38th

Not voting were Senators Bloodworth of the 23rd, Estes, Fowler, Hampton, Jones, Kaigler, Kennedy, Kimbrough, Lovett, Martin and Moore.

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 by substitute as amended.

Senator Lester of the 18th moved that the Senate express its confidence in the "Mansion site commission" and the motion was unanimously adopted.

The following bill of the Senate was read the third time and put upon its passage:
SB 237. By Senator Fowler of the 39th:
A bill to amend the income tax law to provide for the exclusion from gross income, of income attributable to the recovery, during any taxable year beginning after December 31, 1939, of a bad debt, prior tax, or delinquency amount; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

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

The following resolutions of the House were read and adopted:
HR 163. By Messrs. Burton of Lee, Dunn of Lamar, Welsch of Cobb:
A resolution expressing appreciation to Honorable Wiley Moore, Messrs. Bill Arrington, R. W. Smith and Al Belle Isle for the fine entertainment for the members of the General Assembly on the evening of March lOth.

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JOURNAL OF THE SE~ATE,

HR 164. By Mr. Hagan of Screven:
A resolution that all citizens of this state cooperate wholeheartedly with the law enforcement officers and the judiciary in a determined effort to reduce the spread of venereal diseases; and for other purposes.

The following letter was read by the secretary:

Roy V. Harris Speaker

State of Georgia House of Representatives
Atlanta, Ga.

March 15th, 1943.

Honorable Frank C. Gross, President, and Members of the Senate of Georgia.

Gentlemen:
I have just been handed a copy of the very fine and generous Resolution which you adopted today and I wish to take this opportunity to convey to you my sincere thanks and appreciation.

It has been a pleasure to work with the members of the Senate during the present session and I am firmly convinced that you have the best Senate with which I have served in my twenty-one years as a member of the House and Senate.

I sincerely hope that we will be able to complete our business and adjourn on Thursday of this week during the day time and that each of you when you return to your home will find the members of your family both well and happy.

With the highest esteem and kindest regards, I am
Sincerely yours,
Roy V. Harris, Speaker.
-The following bills were read the third time and put upon their passage: HB 150. By Mr. Thigpen of Glascock:
A bill to repeal sections 34-1401, 34-1402 and 34-1403 of the code of 1933 relating to blank forms, tally sheets, and lists of workers used in holding elections, and repeal paragraph 7 of section 40-601, and substituting a new paragraph 7 prescribing the duties of the secretary of state with reference to such forms; and for other purposes.
Senator Lovett of the 16th moved that HB 150 be indefinitely postponed and the motion prevailed.

MONDAY, MARCH 15, 1943

867

HB 162. By Messrs. Thigpen of Glascock, and others:
A bill to amend section 34-1904 of the code of 1933 by adding a proviso that candidates must file a petitiop from not less than five per cent of the registered voters; and for other purposes.

Senator Harrison of the 17th moved that the bill be tabled and the motion prevailed.

The following message was received from His Excellency, the Governor, and read by the secretary:

Ellis Arnall Governor

Executive Department Atlanta

M. E. Thompson Executive Secretary
March 15, 1943.

To the General Assembly of Georgia:

Senate Bill No. 197 was transmitted to the Executive Department on the 11th day of March, 1943, after duly passing the Senate and House.

This Bill provides for the repeal of an Act approved November 24, 1893, entitled "an Act to organize a County Court for the County of Quitman," and to establish in lieu thereof a County Court of Quitman and for other purposes. .

On March 15, 1943, I received the following communication from Honorable
G. 0. Kaigler, author of said Bill:
"Dear Governor Arnall: As author of Senate Bill No. 197, I am asking that you veto same.
G. 0. Kaigler,
Senator, 12th District."

In compliance with the above request of the author of said Bill and in a spirit of co-operation with the members of the General Assembly, I am returning herewith Senate Bill No. 197 which I have vetoed this 15th day of March, 1943.

Respectfully submitted,

Ellis Arnall, Governor.

Mr. Hollis of the 24th 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/or 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:

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JOURNAL OF THE SENATE,

SB 224 SB 225 SB 226 SB 227 SB 236 SB 231 SB 238 SB 242 SR 69 SR 71 SR 73

Respectfully submitted,
M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th 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/or resolutions of the Senate and have instructed me as Chairman, to report th:.same back to the Senate as correct and ready for transmission to the Governor:

SB 119

Respectfully submitted,

R. L. Boyett, of 11th district, Chairman.

The following message was received from the House through Mr. McCutchen, the Clerk thereof:
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 73. By Senator Atkinson of the 1st:
Resolving that the General Assembly adjourn sine die at SIX p. m. on Thursday, March 18, 1943; and for other purposes.

Senator Forester of the 44th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 tomorrow morning.

TUESDAY, MARCH 16, 1943

869

Senate Chamber, Atlanta, Georgia. Tuesday, March 16, 1943.

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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. First reading and reference of Senate and House bills.

2. Reports of standing committees.

3. Second reading of bills and resolutions favorably reported.

4. Consideration of local uncontested bills and resolutions.

5. Consideration of general bills and resolutions.

The consent was granted.

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

Mr. President:

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 639. By Messrs. Etheridge and Kendrick and Mrs. Man~in of Fulton:

A bill to amend the civil service act of the City of Atlanta; to provide that

department heads may file charges for inefficiency or misconduct; and for

other purposes.



HR 153. By Messrs. Ennis and Moore of Baldwin:
A resolution to appropriate to the mayor and aldermen of the City of Milledgeville the sum of $12,900.30 to pay assessments against land lcnown as the Old Capitol Square lying on Wayne and Greene streets in said city for paving and improving said streets; and for other purposes.

HB 204. By Messrs. Smith and Reid of Carroll: A bill to amend section 34-1905 of the code of 1933 relating to voting; so

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JOURNAL OF THE SENATE,

as to provide for selection of any freeholder to aid any person who cannot read the English language, is blind or has lost the use of both hands; and for other purposes.
HB 456. By Mr. Pirkle of Forsyth: A bill to amend section 106-3-1 of the code of 1933; to provide for a registration of business conducted under trade names, and require publication of application in official organ for four weeks; and for other purposes.
HR 168. By Messrs. Hand of Mitchell, Durden of Dougherty and Harris of Richmond: A resolution requesting the industrial leaders of Georgia to accept the responsibility of setting up machinery and developing plans whereby our returning soldiers, sailors and marines can be properly equipped to take their places in the industrial life of our state; and for other purposes.
HB 509. By Messrs. Bynum of Rabun and Oliver of Tattnall and others: A bill to appropriate $15,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological products for purity and potency; and for other purposes.
HR 73. By Mr. Etheridge of Fulton:
A resolution to appropriate to the Stocks Coal Company the sum of $756.6-l for coal furnished the state which has not been paid for; and for other purposes.
HR 103. By Messrs. Weaver, Wilson, and Barfield of Bibb, and others:
A resolution to provide for the payment of funeral expenses incurred by the widow of Fred Black, Jr., a state patrolman who was killed in line of his duty; and for other purposes.
HB 479. By Messrs. Deal and Brunson of Bulloch and Guyton of Effingham:
A bill providing funds for the reimbursement of medical expenses, hospital treatment and nurses' and doctors' bills, for W. Herbert Brannen, caused by his being wounded by officers of the state in their attempt to capture escaped convicts on July 11th, 1938; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees: HB 204. By Messrs. Smith and Reid of Carroll:
A bill to amend section 34-1905 of the code of 1933, relating to voting to provide a freeholder to aid any person ,who is blind, illiterate, or has lost the use of his hands; and for other purposes.
Referred to Committee on Privileges and Elections.

TUESDAY, MARCH 16, 1943

871

HB 456. By Mr. Pirkle of Forsyth: A bill to amend section 106-301 of the code of 1933, relative to registration of business conducted under trade names to require that notice of application to engage in business shall be published in the official organ for four weeks; and for other purposes.
.Referred to Committee on State of Republic.
HB 479. By Messrs. Deal and Brunson of Bulloch, Guyton of Effingham: A bill providing funds for the reimbursement of medical expenses, hospital treatment and nurses, doctors bills, for W. Herbert Brannen, caused by his being wounded by officers of the state, in their attempt to capture escaped convicts on July 11, 1938; and for other purposes.
Referred to Committee on Appropriations.
HB 509. By Messrs. Bynum of Rabun, Oliver of Tattnall and others: A bill to appropriate $15,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological products for purity and potency; and for other purposes.
Referred to Committee on Appropriations.
HB 639. By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: A bill to amend the civil service act of the City of Atlanta to provide th~ department head may file charges for inefficiency or misconduct; and for other purposes.
Referred to Committee on Municipal Government.
HR 73. By Mr. Etheridge of Fulton: A resolution to appropriate $756.64 to pay Stocks Coal Company for coal furnished the state; and for other purposes.
Referred to Committee on Appropriations.
HR 103. By Messrs, Weaver, Wilson, and Barfield of Bibb and others: A resolution to provide for the payment of funeral expenses incurred by the widow of Fred Black, Jr., a state patrolman who was killed in line of his duty; and for other purposes.
Referred to Committee on Appropriations.
HR 153. By Mr. Ennis and Moore of Baldwin: A resolution to appropriate to the mayor and aldermen of the City of Milledgeville the sum of $12,900.30 to pay assessments, against land known as

872

JOURNAL OF THE SENATE,

the Old Capitol Square lying on Wayne and Greene streets in said city for paving and improving said streets; and for other purposes.
Referred to Committee on Appropriations.
The following resolution was read and adopted: HR 168. By Messrs. Hand of Mitchell, Durden of Dougherty and Harris of
Richmond:
A resolution requesting the industrial leaders of Georgia to accept the responsibility of setting up machinery and developing plans whereby our returning soldiers, sailors and marines can be properly equipped to take their places in the industrial life of our state; and for other purposes.
Mr. Dean of the 34th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. President:
Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 606. Do Pass as amended Respectfully submitted,
Dean, of 34th district, Chairman.

Mr. Moore of the 32nd 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:
HB 638. Do Pass Respectfully submitted,
G. H. Moore, of 32.nd district,

Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government have had under consideration th' 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 16, 1943

873

HB 644. Do Pass HB 647. Do Pass

Respectfully submitted, R. A. Ingram, of 51st district, Chairman.

Mr. Pope of the 7th Distrct, Chairman of the Committee on Constitutional Amendments, submitted the following report:
Mr. President:
Your Committee on Constitutional Amendments 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:
HR 160. Do Pass
Respectfully submitted,

Pope, of 7th district, Chairman.

Mr. Cooper of the 14th District, Chairman of the Committee on Public Library, submitted the following report:
Mr. President:

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

HR 125. Do Pass

HR 158. Do Pass

Respectfully submitted, R. T. Cooper, of 14th district, Chairman.

Mr. Stark of the 33rd Distrct, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 281. Do Not Pass
Respectfully submitted,

W. W. Stark, of 33rd district, Chairman.

874

JOURNAL OF THE SENATE,

We, the undersigned on Judiciary No. 2 disagree with the report" on HB 281 and file this minority report and ask that the same be now passed.

Foster of the 40th, Pittman of the 42nd, Shannon of the 21st.

Mr. Foster of the 40th District, Chairman of the Committee on Agricultur~. 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:

HB 632. Do Pass

Respectfully submitted,

Foster, of 40th district, Chairman.

Mr. Bloodworth of the 23rd 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 House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 553. Do Pass
HB 554. Do Pass as amended
Respectfully submitted, Bloodworth, of 23rd district, Chairman.
Mr. Griner of the 45th District, Chairman of the Committee on Motor Vehicle~, submitted the following report:
Mr. President:
Your Committee on Motor Vehicles have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 528. Do Pass

HB 258. Do Pass as amended
Respectfully submitted, Griner of 45th district, Chairman.

TUESDAY, MARCH 16, 1943

875

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, s~b,mitted 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:

HB 208. Do Pass as amended by the committee

HB 220. Do Pass

HB 391. Do Pass

Respectfully submitted, Lester, of 18th district, Chairman.

Mr. Pittman of the 42nd District, Chairman of the Committee on-Penitentiary, submitted the following report:
Mr. President: Your Committee on Penitentiary have had under consideration the following
bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 102. Do Pass as amended Respectfully submitted,
C. C. Pittman, of 42nd district, Chairman.

l\1I. Kennon of the 6th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President: Your Committee on lns~rance 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:

HB 49. Do Not Pass

Respectfully submitted, Kennon, of 6th district, Chairman.
By J. E. Eubank, Secretary.

Mr. Eubank of the 29th District, Chairman of the Committee on Education and Public Schools, submitted the following report:

876

JOURNAL OF THE SENATE,

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back: to the Senate with the following recommendations:

HB 215. Do Pass by committee substitute

HB 11. Do Pass

Respectfully submitted,

J. E. Eubank, of 29th district, Chairman.

Mr. Hampton of the 41st 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:
HB 222. Do Pass
Respectfully submitted,
Hampton, of 41st district, Chairman.

Senator Bloodworth of the 22nd asked unanimous consent to have the following

statement incorporated in the Senate Journal of February 24, and the consent was

granted:



In compliance with a request from a group of citizens of Lamar County, notation is made herewith to the effect that it was brought to the attention of members of the Senate and the Committee on "Counties and County Matters" that H B 306 and HB 341, affecting Lamar County, both of which passed the Senate as amended on February 24, 1943, were not advertised either by publication in newspapers or by posting notices at the court house for 30 days prior to introduction of such bills as required by law for the enactment of local legislation by the General Assembly. This is the contention of a group of citizens who opposed the passage of these two bills and they desire to formally protest their passage on the above grounds.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 102. By Senator Whitworth of the 28th:
A bill to require wardens and other officials in charge of convict camps to provide religious services on the Sabbath; and for other purposes.

TUESDAY, MARCH 16, 1943

877

HB 11. By Messrs. Wells of Ben Hill and others:
A bill to establish a teacher retirement system of Georgia; and for other purposes.
HB 215. By Mr. Hatchett of Meriwether:
A bill to amend section 32-1014 of the code of 1933, relating to annu<tl reports of county superintendents of schools, to provide for reports at the end of the fiscal year instead of in the spring; and for other purposes.
HB 208. By Messrs. Connell of Lowndes and others:
A bill to provide for the equal payment of taxes on all kinds of property, exct'pt religious or eleemosynary institutions, and to prevent the holding of property in Georgia that is tax free; and for other purposes.
RB 220. By Messrs. Key of Jasper and others:
A bill to amend section 97-202 and section 97-302 of the code of 1933, relating to the authority of the secretary of state to issue licenses or permits for the sale of securities; and for other purposes.
RB 222. By Messrs. Smith of Carroll and others:
A bill to amend chapter 88-2 of the code of 1933, to provide that combined county and city health departments, or county-wide health departments are excepted from the provisions of this chapter; and for other purposes.
RB 391. By Messrs. Weaver of Bibb and others:
A bill to authorize administrators, executors or other trustees to convey rights of way and easements to the United States, the State of Georgia, or any subdivision or department thereof, or to any person, firm or corporation having the right of eminent domain; and for other purposes.
RB 553. By Mr. McCracken of Jefferson and others:
A bill to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
RB 554. By Mr. McCracken of Jefferson and others:
A bill to aid in coordinating national and state defense; to grant certain powers to the Governor and political sub-divisions of the state, to authorize the creation of state and local defense agencies; and for other purposes.
HB 632. By Messrs. Campbell of Newton, Durden of Dougherty, and others:
A bill to authorize the counties of this state, the state board of prisons, and the state highway department to allow the convicts of this state to be used in helping the farmers of Georgia; and for other purposes.

878

JOURNAL OF THE SENATE,

HR 158. By Mr. Smith of Oglethorpe:
A resolution to authorize and direct the state librarian to furnish to the ordinary of Oglethorpe county, without cost, the complete set of the supreme court reports and court of appeals reports; and for other purposes.
HR 125. By Mr. Parker of Walton: A resolution authorizing the state librarian to furnish to the clerk of the superior court of Walton county certain enumerated volumes of the supreme court and court of appeals; and for other purposes.
HR 160. By Messrs. Durden of Dougherty and Key of Jasper.
A resolution proposing an amendment to article 7 of the constitution, so as to provide that powers of taxation may be exercised by the state through the General Assembly and by counties and municipalities for the purpose of paying pensions under a teacher retirement system; and for other purposes.
HB 606. By Mr. Mims of Miller:
A bill to amend the workmen's compensation laws so as to include all state, municipal and county employees; and for other purposes.
HB 638. By Mr. qillis of Treutlen:
A bill to provide that applicants for divorce in Treutlen superior court shall deposit $15.00 as costs at the time of filing the petition; and for other purposes.
HB 644. By Messrs. Cheshire and Riddlespurger of Colquitt:
A bill to amend an act of 1943 creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
HB 647. By Messrs. Gowen and Gilbert of Glynn:
A bill to authorize the commission of the City of Brunswick to use Palmetto Square in said city as a trailer camp or for other forms of temporary war housing for the duration of the present war, and for not exceeding six months thereafter; and for other purposes.

The following local uncontested bills and resolutions of the House were read the third time and put upon their passage:
HB 534. By Mr. Bynum of Rabun: A bill to amend an act to create and establish the city 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.

TUESDAY, MARCH 16, 1943

879

On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 584. By Messrs. Broome, Hubert and Turner of DeKalb:
A BILL
An Act to amend Paragraph 2, of Section 6, of Article 7 of the Constitution of the State of Georgia by directing the County Authorities of DeKalb County to levy a tax not exceeding one mill for educational purposes throughout the entire County in addition to all tax now levied for such purposes subject to the approval of the voters of DeKalb County in a special election to be called by the Ordinary, 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. The Constitution of this State is hereby amended as follows; by adding to Paragraph 2, of Section 6, of Article 7 of the Constitution the following words, to wit: "Upon the request of the Board of Education of DeKalb County, the County authorities thereof are hereby directed to levy in addition to all other taxes now levied by law, a tax not exceeding one mill for educational purposes, on all the taxable property throughout the entire County, including territory embraced in independent school systems, the same to be appropriated to the use of the County Board of Education and to the educational work directed by them. If the people ratify this amendment and proclamation of the same is made by the Governor of this State at the next General election as hereinafter provided, the Ordinary of DeKalb County shall within thirty days after said proclamation call a special election to be helJ within twenty days after such call. At said special election the sole question to be submitted to the voters of DeKalb County shall be whether or not said Act shall become operative in said County and if a majority of the voters qualified to vote for members of the General Assembly in said County, voting in said election, approve this Act, then said tax shall be levied as above set forth. If a majority of said voters, voting in said election, in said County fail to approve this Act, then said Act shall not become operative."
Section 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by twothirds of .the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State for two months next preceding the time of the holding the next general election.
Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State at which

880

JOURNAL OF THE SENATE,

election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 2 of Section 6 or Article 7 of the Constitution authorizing one mill county-wide tax for educational purposes in DeKalb County if approved by the voters of said County;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2 of Section 6 of Article 7 of the Constitution Authorizing one mill county-wide tax for educational purposes in DeKalb County if approved by the voters of said County." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Cooper Dantzler Dean Estes

Forester Foster Griner Hall Harrison Ingram Kaigler Kimbrough Lester Lovett Millican Newton Oden

Peterson Pope Preston Raynor Shannon Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Bacon, Clements, Ennis, Eubank, Fowler, Hampton, Hollis, Jones, Kennedy, Kennon, Martin, Moore, Pittman and Thigpen.

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 37, nays 0.

TUESDAY, MARCH 16, 1943

881

The bill, having received the requisite constitutional two-thirds majority, was passed.
HB 602. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to provide that the judge of the city court of Richmond county shall be permitted to practice 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 612. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to fix the salaries of all deputies and assistants of the county officials of Richmond county; and for other purposes.
The Committee on Counties and County Matters offered the following substitute:
A BILL
To be entitled an Act to amend an Act appearing in the Georgia Laws of 1935 on pages 353-361 inclusive and approved on February 26th, 1935, entitled "An Act to change from the fee to the salary system in certain Counties in Georgia, the clerk of the Superior Court (whether he be Clerk of the Superior Court or ex-officio Clerk of other Court or Courts); the sheriff, the ordinary, the tax collector, the tax receiver, and the treasurer; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants", etc. by striking therefrom Section I in its entirety and rewriting Section I so as to make tho! Act apply to Counties having a population of not less than 81,000 and not more than 83,000; to provide for the payment of salaries, and compensation of deputies, clerks and assistants in the offices of the clerk of the Superior Court, the sheriff, the tax collector and the tax receiver of such Counties; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME AS FOLLOWS, TO WIT:
Section I. That Section I of the Act appearing in the Georgia Laws of 1935 on pages 353-361 inclusive and approved on February 26th, 1935, entitled "An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk: of the Superior Court (whether he be Clerk of the Superior Court or ex-officio Clerk

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JOURNAL OF THE SENATE,

of other court or courts) ; the Sheriff, the Ordinary, the Tax Collector, the Tax Receiver, and the Treasurer; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of ~alaries and compensation of such officers, deputies, clerks and assistants;" etc., be amended by striking therefrom Section I in its entirety and inserting in lieu thereof the following:
"Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of 1940, a population of not less than 81,000 inhabitants or more than 83,000 inhabitants, and to all counties in this State having, by any future census of the United States, a population of not less than 81,000 or more than 83,000 inhabitants, and on the publication of said census any county not now having said population of 81,000 but by said new census having said population of 83,000 such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the Tax Collector and Tax Receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided."

Section 2. That said Act be further amended by adding a new Section to read as follows:
"That instead of the Sheriff's deputies and assistants being in the number provided in Section 3 of said Act and instead of their receiving the salaries and pay as provided in Section 3 of said Act that for the years 1943 and 1944 the Sheriff's deputies and assistants in all such counties shall consist of the following at the following salaries, payable monthly, to wit:

Chief Deputy Sheriff Deputy Sheriff Bookkeeper and Cashier Stenographer and File Clerk 5 Deputy Sheriffs 6 Deputy Sheriffs Deputy, Jailor and Finger Print Man Chief Deputy Jailor and Jail Record Keeper Deputy Jailor Deputy Jailor

$225.00 per month $200.00 per month $140.00 per month $125.00 per month $170.00 per month $165.00 per month $200.00 per month $150.00 per month $140.00 per month $140.00 per month

All of whom shall serve as provided in Section 3 of said Act."

TUESDAY, MARCH 16, 1943

883

Section 3. That said Act be further amended by adding a new Section to read as follows:
"That instead of as provided in Section 5 of said Act that for the years 1943 and
1944 the Clerk: of the Superior Court's deputies and assistants in all such counties shall be as follows and receive the following pay, to wit:

1 Chief Deputy Clerk:

$175.00 per month

2 Deputies, each

$150.00 per month

Minute Clerk: and part Bookkeeper

$135.00 per month

Recording Clerk: and Bookkeeper

$130.00 per month

Filing Clerk: and Bookkeeper 2 Stenographers
Collector

$130.00 per month $125.00 per month $ 70.00 per month

All of whom shall serve as provided in Section 5 of said Act."

Section 4. Be it further enacted that said Act be further amended by adding a new Section to read as follows:
"That instead of the deputies and assistants provided for the Tax Collector in such counties in Section 7 of said Act that the Tax Collector's deputies and assistants in all such counties for the year 1943 and 1944 shall be as follows and receive the following pay, to wit:

Chief Deputy Collector

$200.00 per month

Bookkeeper and Ex-Officio Deputy Sheriff, Deputy Clerk

$200.00 per month

Clerk and Deputy Ex-Officio Sheriff

$160.00 per month

Clerk: and Stenographer

$125.00 per month

Clerk: and Stenographer

$110.00 per month

All of whom shall serve as provided in Section 7 of said Act."

Section 5. That said Act be further amended by adding a new Section to read as follows:

"That instead of the Tax Receiver's deputies and assistants being in the number provided in Section 8 of said Act that for the year 1943 and 1944 the Tax Receivers Deputies and Assistants in all such counties shall be as follows and receive the following salaries, to wit:

Two Clerks

$150.00 p~r month

All of whom shall serve as provided in Section 8 of said Act."

884

JOURNAL OF THE SENATE,

Section 6. That said Act be further amended by adding new section to read as follows:
"That instead of the Ordinary's, deputies, and assistants provided in Section 6 of said Act, that for the years 1943 and 1944 the Ordinary's, deputies, and assistants in all such counties shall be as follows and receive the following salaries, to wit:

One Clerk of Court of Ordinary

$175.00 per month

One Deputy Clerk-Stenographer

$125.00 per month

One Clerk-Stenographer

$110.00 per month

All of whom shall serve as provided in Section 6 of said Act."

Section 7. That said Act be further amended by adding a new Section to read as follows:
"The Board of Commissioners of Roads and Revenues of any such counties shall have the right to authorize the employment of additional employees in any of the offices of the county officers in any such counties in case of emergency and to fix the compensation."

Section 8. That this Act shall be effective as of March 15, 1943, and the salaries herein provided shall be payable from such date.

Section 9. That all laws and parts of laws in conflict herewith are hereby repealed. The substitute was adopted.

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

On the passage of the bill, the ayes were 34, nays 0.

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

HB 614. By Mr. Chance of Twiggs:
A bill to provide that the term of county commissioners of Twiggs county shall be for a period of four years; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 616. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to fix the salary of the assistant solicitor general in Richmond county; and for other purposes.

TUESDAY, MARCH 16, 1943

885

The report of 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.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend an act providing that the solicitor general of the Augusta circuit shall have the power to appoint a clerk; to fix his salary; and for other purposes.
The report 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.
HB 640. By Mr. Odom of Baker: A bill to amend an act creating a board of commissioners of roads and revenue for Baker county, by providing for the election of commissioners by voters of the district and not by county vote; and for other purposes.
The nport 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.
HR 118. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: A resolution proposing to the qualified voters of Georgia an amendment to article 7, section 6, paragraph 1, of the constitution of Georgia to authorize the board of commissioners of roads and revenues of the County of Fulton and the City of Atlanta to make appropriations from county or city funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of such county and city and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto. making such appropriations directly for such purposes, or through such agencies as it may designate.
Be it resolved by the General Assembly of Georgia: Section 1. That article 7, section 6, paragraph 1, of the constitution of Georgia. be and the same is hereby amended by adding at the end of said pargraph the following language :

886

JOURNAL OF THE SENATE,

"Provided, however, that the board of commissioners of roads and revenues of the County of Fulton and the proper authorities of the City of Atlanta are authorized to make appropriations from county or city funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of such county and city and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes, or through s~ch agencies as it may designate."

Section 2. That when this amendment shall be agreed to by two-thirds of the members elected to each House, with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each congressional district in the state for two months previous to the time for holding the next general election and 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, at the next general election it shall be submitted to the people for ratification or rejection. All persons voting at said election in favor of adopting said proposed amendment to the constitution shall have written or printed on their ballots the words: "For ratification of amendment to paragraph I, section 6, article 7, of the constitution by providing for advertising and promoting the agricultural, industrial, historic, recreation:~! and natural resources, facilities and assets of Fulton county and City of Atlanta."

All persons opposed to the adoption of said proposed amendment to the constilution shall have \vritten or printed on their ballots the words: "Against ratification of amendment to paragraph I, section 6, article 7, of the constitution by providiflg for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Fulton county and City of Atlanta."

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 law 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 6, 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:

Ansley Arnall Arnold

Atkinson Bloodworth of 23rd Boyett

Byrd Clements Cooper

TUESDAY, MARCH 16, 1943

887

Dantzler Estes Eubank Forester Griner Hall Harrison Hollis Ingram Kaigler

Kimbrough Lester Lovett Millican Moore Newton Oden Peterson Pittman Pope

Preston Raynor Shannon Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Bacon, Bloodworth of the 22nd, Brock, Dean, Ennis, Foster, Fowler, Hampton, Jones, Kennedy, Kennon, Martin and Thigpen.

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.

HR 126. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia by striking the words "Fulton County," being the fourth and fifth words, from the subparagraph to said Article 7, Section 7, Paragraph 1, proposed by the Act of the General Assembly approved August 25, 1927 (Georgia Laws 1927, page 122) and ratified by the people of Georgia on November 6, 1928, providing that Fulton, Chatham and Richmond Counties may make temporary loans and be further amended by adding a new subparagraph to said Article 7, Section 7, Paragraph 1, so as to authorize Fulton County to make temporary loans between January 1st and December 31st in each year, and to limit the aggregate amount of said loans outstanding at any one time, and for other purposes.

Section 1. BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of Georgia which has heretofore been amended be further amended by striking the words "Fulton County," being the fourth and fifth words, from the sub-paragraph to said article 7, Section 7, Paragraph 1, proposed by the Act of the General Assembly approved August 25, 1927 (Ga. Laws 1927, page 122) and ratified by the people of Georgia on November 6, 1928, providing that Fulton, Chatham and Richmond Counties may make temporary loans, and be further amended by adding a new subparagraph to said Article 7, Section 7, Paragraph 1, in the following language to wit:

888

JOURNAL OF THE SENATE,

"And except that Fulton County, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st in each year, said loans to be evidenced by promissory notes signed by the Chairman and Clerk of the Board of County Commissioners of said county when previously authorized by resolution by a majority vote of the county commission at a regular or special meeting of the Board and spread upon the minutes. The aggregate amount of all such loans outstanding at any one time shall not exceed 70 per cent of the total gross income of the county from taxes and other sources in the preceding year; provided, however, no loan legal at the time made shall be rendered illegal by any subsequent reduction in such gross income of the county."

Section 2. BE IT FURTHER ENACTED by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor 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 Fulton County to make temporary loans," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution, authorizing Fulton County to make temporary loans," and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed. The 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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett

Brock Byrd Clements Cooper Dantzler Estes Forester Griner

Hall Harrison Hollis Ingram Kaigler Kimbrough Lester Lovett

TUESDAY, MARCH 16, 1943

889

Millican Moore Newton Oden Peterson Pittman

Pope Preston Raynor Shannon Simmons

Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Dean, Ennis, Eubank, Foster, Fowler, Hampton, Jones, Kennedy, Kennon, Martin and Thigpen.

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.

HB 623. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to amend an act to fix the salaries and compensation of certain officers and deputies of the municipal court of the City of Augusta; and for other purposes.

The Committee on Municipal Government offered the following substitute:
A BILL
To be entitled an act to fix the salaries and compensation of certain officers and deputies of the municipal court of the City of Augusta, Georgia for the years 1943 and 1944; and for other purposes.

Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows, to wit:
Section 1. That for the years 1943 and 1944 the salary of one deputy to the Clerk of the Municipal Court of the City of Augusta shall be one hundred thirty-five ($135.00) dollars per month.

Section 2. That for the years 1943 and 1944 there shall be three deputies in the office of the Sheriff of" the Municipal Court of the City of Augusta, Georgia, one whose salary shall be one hundred forty ($140.00) dollars per month and two whose salaries shall be one hundred thirty-five ($135.00) dollars per month each.

Section 3. The Clerk of said Court and the Sheriff of said Court shall have authority for said years to appoint such additional deputies as may meet with the approval of the Judge of said court and such additional deputies shall receive such salaries and pay as may be fixed by the Board of Roads and Revenue of Richmond County, Georgia.

Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

890

JOURNAL OF THE SENATE,

The substitute was adopted.
The report of the committee, which was favorable to the passage of the. bill by substitute, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HR 43. ~y Mr. Gaskins of Berrien:
A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the City of Ray City to incur a bonded indebtedness in addition to that heretofore authorized by the constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon past due and unpaid as of July 1, 1943, and which becomes due up to and including January 1, 1962; 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 July 1, 1943, or which may become due up to and including January 1, 1962; 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 followrng words, to wit:
"And except that the City of Ray City, Berrien County, Georgia,. may issue refunding serial bonds not in excess of the aggregate sum of $25,000.00, {or the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on July 1, 1943, and any bonde.d indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1962, 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 Ray City 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, 1943, and interest thereon outstanding and which becomes due up to and including January 1, 1962. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Ray City 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 newspape.rs in each

TUESDAY, MARCH 16, 1943

891

Congressional District in this State for two months previous to the time for holding the next general election, in 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 City of Ray City 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 City of Ray City to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the result shall be consolidated as now 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, or parts of law, 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:

Ansley Arnall Arnold Atkinson Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Cooper Dantzler Dean Estes

Eubanks Forrester Foster Griner Hall Harrison Hollis Ingram Kaigler Kimbrough Lester Lovett Millican

Newton Oden Peterson Pope Preston Raynor Shannon Simmons Stark Terrell Whitworth of 30th Whitworth of 38th

Not voting were Senators Bacon, Clements, Ennis, Fowler, Hampton, Jones, Kennedy, Kennon, Martin, Moore, Pittman and Thigpen.

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.

892

JOURNAL OF THE SENATE,

Senator Millican of the 52nd asked unanimous consent that the following bills be withdrawn from the Committee on Finance, read the second time and recommitted: HB 59~. By Mr. Smith of Dougherty:
A bill to amend the motor fuel tax law by striking sub-paragraph 3 of paragraph D of section 92-1403, which exempted the federal government from paying the motor fuel tax; and for other purposes.
HR 157. By Messrs. Harris of Richmond and Durden of Dougherty: A resolution to authorize the revenue commissioner to order the use of stamps, labels, or other indication of payment of tax on malt beverages due to shortage of material used for crowns and lids; and for other purposes.
The consent was granted.
Senator Griner of the 45th asked unanimous consent that the following bills be withdrawn from the Committee on Motor Vehicles, read the second time and recommitted: HB 258. By Mr. Fortson of Wilkes:
A bill to provide that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.
HB 528. By Mr. Mixon of Irwin, and others: A bill to amend section 68-623 of the code of 1933 to provide the amount of compensation paid to members of the public service commission from fees derived from the registration of motor common carriers shall be changed; and for other purposes.
The consent was granted.
Mr. Hollis of the 24th District, Chairman of the Committee on Engrossin~, submitted the following report: Mr. President:
Your Committee on Engrossing have read and examined the following bills and/or 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:
SB 113
SB 114
SB 186
SB 223
SB 237

TUESDAY, MARCH 16, 1943

893

SB 241 SR 66

Respectfully submitted, M. R. Hollis, of 24th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:

SB 90 SB 117 SB 221 SB 94 SR 63

Respectfully submitted, R. L. Boyett, of 11th district. Chairman.

Senator Terrell of the 19th asked unanimous consent that the following bills be withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted.

HB 182. By Messrs. Alexander and Grayson of Chatham:
A bill to authorize recovery of attorney's fees and expenses by executors in wills which are contested and determined to be invalid when such persons in good faith offer the same for probate; and for other purposes.

HB 531. By Mr. Greene of Jones:
A bill to provide that the judge imposing misdemeanor sentences may entertain motions for parole at any time; and for other purposes.

The consent \Vas granted.

The following bills and resolutions were read the third time and put upon their passage:
HR 115. By Mr. McNall of Chatham: A resolution directing the Governor to proclaim March 12, of each year

894

JOURNAL OF THE SENATE,

"Juliette Low Girl Scout Day" commemorating the founding of the girl scout movement in United States by Juliette Gordon Low; 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 163. By Messrs. Thigpen of Glascock and others: A bill to amend section 34-406 of the code of 1933 to require the clerk of the superior court to file with the secretary of state a certificate showing the number of registered voters in his county; and for other purposes.
The Committee on Privileges and Elections offered the following amendment: 1. By striking from the Section 2 the following words: "or upon the presentation by said voter of his original poll tax receipt to the election managers of the district in which he resides, showing that his poll tax for the preceding year was paid at least six months before the next general election" and inserting in lieu thereof the following: "or upon presentation by said voter of a certificate signed by a majority of the county registrars stating that the voter's name was omitted from the certified list of voters by inadvertance or mistake, and that said voter is in fact qualified and entitled to vote in said primary election".
2. By adding a Section to be known as Section 2A as follows: "The Board of Registrars of each County shall meet at the Court House during voting hours of each primary and general election day for the purpose of considering the qualification of voters whose names may have been omitted by inadvertance or mistake from the certified list of voters" and
3. By adding to caption after words "clerks of the Superior Court" the words "Board of County Registrars".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 165. By Messrs. Bates of Ware and Gholston of Madison: A bill ~o create scholarships to be given students at the University of Geor-

TUESDAY, MARCH 16, 1943

895

gia school of medicine; and for other purposes.
Senator Lester of the 18th offered the following amendment: Senator Lester moves to amend HB 165 by striking from the caption of said bill the following: ''to make an appropriation to the Regents for this purpose by amending the regular budget bill for the fiscal year ending June 30, 1944"; and suh-stituting in lieu thereof the following: "And authorizing the budget authorities of the State of Georgia to make an allocation from the State Emergency Fund to the Regents for said scholarships."
The amendment was adopted.
Senator Lester of the 18th offered the following amendment: Amend HB 165 by striking from said bill section 3 in its entirety and substitutinE; in lieu thereof the following: Section 3. The budget authorities of the State of Georgia are hereby authorized to make an allocation to the Regents of the University System of Georgia from the State Emergency Fund to finance these scholarships if during the present war emergency the financial condition of the state warrants this allocation."
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 33, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
H B 411. By Messrs. Smith and Durden of Dougherty: A bill to regulate the buying, selling, delivery, processing and resale of pecan nuts; and for other purposes.
Senator Millican of the 52nd called for the previous question and the call wa~ sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 254. By Mr. Elliott of Muscogee: A bill to amend section 3-704 of the code of 1933, limiting the time in which suits for the recovery of wages, overtime or damages may be filed; and for other purposes.

896

JOURNAL OF THE SENATE,

Senator Arnold of the 26th offered the following amendment: Amend HB 254 as follows: 1. By striking from the first Section of the Act the words "damages accruing to individuals under statutes" wherever it occurs therein and inserting in lieu thereof the following "damages and penalties accruing under laws respecting the payment of wages and overtime."
The amendment was adopted.
Senator Lester of the 18th offered the following amendment: Senator Lester of the -18th moves to amend HB 254 by striking the word "two" in line ten of Section 1, and adding in lieu thereof the word "four", and by striking the word "two" in line nineteen and changing the same to the word "four".
Senator Lester of the 18th moved that the amendment be adopted.
On the motion to adopt the amendment, the ayes were 8, nays 31, and the amendment was lost.
The president asked unanimous consent that the Senate reconsider its action in adopting the amendment offered by Senator Arnold, and the consent was granted.
After reconsidering the amendment offered by Senator Arnold, the amendment was again adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 419. By Messrs. Price and Hill of Clarke: A bill to amend the homestead exemption from taxes law to include persons in the armed forces; and for other purposes.
The Committee on Finance offered the following amendment:
Amend H B 419 a new section to be known as Section 1A and reading as follows:
Section 1A-Section 8 of the Homestead Exemption from Taxes Law (Georgia Laws Extra Session 1937-1938, page 145) is hereby amended by adding thereto a new Section to be known as Section SA as follows: Whenever used in this Act, the phrase "occupied primarily as a dwelling" shall mean:
(a) That the applicant and members of his family occupy the property solely as a home; or

TUESDAY, MARCH 16, 1943

897

(b) The applicant and his family occupy a portion, 50 per cent or more, as a dwelling and the remainder, 50 per cent or less, is occupied by a tenant as a dwelling; or
(c) Property used for commercial purposes or the conduct of a business shall not be classified for the purpose of this Act as a homestead unless the business conducted or the commercial enterprise carried on is of such nature that same is customarily conducted at a place of residence. In no event shall property be exempt from taxation hereunder when a commercial enterprise requiring the services of employees is carried on on said property or when the nature of the business and the enterprise requires physical changes in the property to render same suitable for such business or enterprise.
(d) Apartment houses shall not be exempt from taxation hereunder even though one or more apartments are occupied by the owner as a dwelling.
(e) For the purpose of this Act, an apartment house is defined to be a building designed or altered for occupancy as residences by three or more separate families ot units.
(f) Division of property so as to render a portion eligible for exemption and a portion ineligible for exemption will be allowed when the division follows a bona fide plan in which both the land and the improvements are capable of division.
(g) The physical structure of any improvement shall not prevent the applicant from being eligible for a homestead exemption when the use of said property as a dwelling by the applicant and members of his family actually extends to the whole of the improvement.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 455. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to provide for joint control with any surety of money or securities or other assets by any administrator, executor, guardian, tr).lstee or other fiduciary for whom a bond is required; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

898

JOURNAL OF THE SENATE,

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

HB 251. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to amend the unemployment compensation law by clarifying the terms and providing for the succession of the experience rating ,of an employer; and for other purposes.

The Committee on Industrial Relations offered the following substitute:
A BILL
To be entitled an act 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, and as further amended by an act approved March 21, 1941, to clarify the terms of said act as amended and to provide for the succession of the employment benefit experience record of an employer and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act of the General Assembly of Georgia known and designated as the "Unemployment Compensation Law," approvecl March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1941, be and the same is hereby amended as follows, to wit:
Section 1. By adding to sub-section (c) (7) (iv) of Section 7 the following:
"Provided, however, that any corporation, partnership, individual or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7 of this Act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor unit shall continue to be applicable to the successor as to contributions payable based on wages of employees of such acquired unit only, until the time hereinatfer stipulated, but if the successor is already an employer at the time of such acquisition, the separate rates of contributions applicable at such time to the predecessor and successor shall continue to be applicable to the successor until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience records of the predecessor and successor subject to the provisions of subsection 6(i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. All rates thereafter shall be computed on the basis of such combined employment benefit

TUESDAY, MARCH 16, 1943

899

experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition."
so that sub-section (c) (7) (iv) of Section 7 when amended shall read as follows:
"The term 'computation date' means December 31, 1941, with respect to rates of contributions applicable to the year 1942, and June 30th of the preceding year, with respect to rates applicable to the year 1943 and any calendar year thereafter. Provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7 of this act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor unit shall continue to be applicable to the successor as to contributions payable based on wages of employees of such acquired unit only, until the time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the saparate rates of contributions applicable at such time to the predecessor and successor shaH continue to be applicable to the successor until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience records of the predecessor and successor subject to the provisions of subsection 6(i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to b<! given of such acquisition."
Section 2. The provisions of this Act shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets thereof, from his predecessor prior or subsequent to the effective date oi this Act.
Section 3. The provisions of this Act shall become effective immediately upon its approval.
Section 4. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Dean of the 34th offered the following amendment to the substitute:
Amend substitute to House Bill No. 251 by striking the third sentence of Section 1 and inserting in lieu thereof another sentence to read as follows:

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"If the successor is already an employee at the time of such acquisition, the rate of contribution already assigned to him shall continue to be applicable until the time hereinafter stipulated. If he is not an employer at the time of such acquisition, the predecessor's rate shall continue to apply to the successor unit until the time hereinafter stipulated."
By inserting immediately following the word "successor" and before the word "subject" appearing in the sixth line from the bottom of page 2 of the substitute bill the following words:
". . . as of June 30 of the calendar year preceding the date of acquisition."
By striking the words "until the next computation date hereunder" appearing in the third line from the bottom of page 2 of said substitute bill, and inserting in lieu thereof the words:
"until the next effective date of contribution rates."
The amendment was adopted.
Senator Millican of the 52nd offered the following amendment to the substitute:
Amend Substitute House Bill No. 251, Section 1, Page 2, Line 23, after th.~ word "hereunder" the following:
"Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience."
Further amend House Bill No. 251, Section 1, Line 15, Page 4, after the word "hereunder" the following:
"Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience."
Further amend House Bill No. 251, Section 3, Page 4, Line 2, by striking out the words "immediately upon its approval" and inserting in lieu thereof the words "as of January 1, 1942, and shall apply to all contributions thereafter payable by an employee affected hereby, as respects business previously Ol' thereafter acquired, ~o that said Section 3 when amended shall read as follows: "Section 3. The provisions of this Act shall become effective as of January 1, 1942, and shall apply to all contributions thereafter payable by an employer affected hereby, as respects busine~s previously or thereafter acquired."
The amendment was adopted.
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.

TUESDAY, MARCH 16, 1943

901

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The president recognized in the gallery the sixth grade class of the Kingsberry school of Fulton county, with Miss Mamie McKee, teacher.
A privileged resolution by Senator Dean of the 34th extending the privileges
of the floor to Mrs. J. Lawrence McCord, president of the Georgia chapter of the
United Daughters of the Confederacy, and Mrs. A. Belmont Dennis, vice-president of the U. D. C., was read and adopted.
Senator Atkinson of the 1st asked unanimous consent that the Senate recess at 12:30 p. m., for the purpose of visiting the Bell Bomber Plant, and the consent was granted.
The president announced the Senate recessed.
The Senate was reconvened in regular session at 5 o'clock and was called to order by the president.
Senator Atkinson of the 1st asked unanimous consent that the Senate convene at 9 o'clock tomorrow morning and the consent was granted.
The following bill was read the third time and put upon its passage:
HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell:
A bill to authorize the deduction of amortization for emergency or war facilities from gross income in computing income taxes for the state; anJ for other purposes.
Senator Fowler of the 39th asked unanimous consent to cast his vote and retire, and the consent was granted. Senator Fowler voted "aye," and was so recorded.
Senator Ingram of the 51st 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, the ayes were 34, nays 6.
The bill, having received the requisite constitutional majority, was passed.
The president introduced to the Senate Lieutenant Mose Brinson, former member of the Senate.
Senator Dean of the 34th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 9 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Wednesday, March 17, 1943.
The Senate met pursuant to adjournment at 10 o'clock this morning and W<'S called to order by the president.
Prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Reports of standing committees. 2. Second reading of bills and resolutions favorably reported. 3. Consideration of local uncontested bills and resolutions. 4. Consideration of general bills and resolutions. The consent was granted.
Senator Atkinson of the 1st asked unanimous consent that the following bill be recommitted to the Committee on Military Affairs: HB 554. By Mr. McCracken of Jefferson and others:
A bill to aid in coordinating national and state defense, to grant certain powers to the Governor and political sub-divisions of the state, to authorize the creation of state and local defense agencies; and for other purposes.
The consent was granted.
Senator Atkinson of the 1st asked unanimous consent that the following bill bo! recommitted to the Committee on State of Republic: HR 119. By Messrs. Rossee of Putnam and Crummey of Wilcox:
A resolution to promulgate rules and regulations relative to textile and paper shipping bags in conformity with orders of the war production board;. and for other purposes.
The consent was granted.
Senator Bloodworth of the 22nd asked unanimous consent that the following

WEDNESDAY, MARCH 17, 1943

903

resolution be withdrawn from the Committee on Appropriations, read the second time and recommitted: HR 103. By Messrs. Weaver of Bibb, and others:
A resolution to provide for the funeral expenses incurred by the widow ot Fred Black, Jr., a state patrolman killed in line of duty, to be paid by the state; and for other purposes.
The consent was granted.
Senator Simmons of the 8th arose to a point of personal privileges and extended to the members of the Senate an invitation to visit his lodge at a later date to he named, and the invitation was unanimously accepted.
Mr. Foster of the 40th 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:
HB 236. Do Not Pass. Respectfully submitted, Foster of 40th district, Chairman.
Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters have had under considera-
tion the following bills of the House and have instructed me as Chairman, to report the same back: to the Senate with the following recommendations:
HB 308. Do Not Pass.
HB 309. Do Not Pass.
HB 539. Do Not Pass. Respectfully submitted, Moore of 32nd district, Chairman.
Mr. Bloodworth of the 23rd 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

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JOURNAL OF THE SENATE,

bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 554. Do Not Pass. Respectfully submitted, J. W. Bloodworth of 23rd district, Chairman.

Mr. Hampton of the 41st 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 and resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 524. Do Not Pass.
HB 194. Do Pass.
HR 141. Do Pass.

HB 340. Do Pass.

Respectfully submitted, Hampton of 41st district, Chairman.

Mr. Dean of the 34th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President:
Your Committee on Industrial Relations have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 196. Do Pass.

Respectfully submitted, Dean of 34th district, Chairman.

Mr. Jones of the 3rd 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:

WEDNESDAY; MARCH 17, 1943

905

HB 204. Do Pass.

Respectfully submitted, Jones of 3rd district, Chairman.

Mr. Terrell of the 19th District, Chairman of the Committee on Gener~l Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following bills and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 182. Do Pass.

HB 531. Do Pass.

Respectfully submitted, Terrell of 19th district, Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 465. Do Pass

Respectfully submitted, Lester, of 18th district, Chairman.

Senator Arnall of the 36th District, Chairman of the Committee on Appropriations, submitted the following report:
Your Committee on Appropriations 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:
HB 479. Do Pass
HR 103. Do Pass
HR 153. Do Pass
HR 73. Do Pass

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JOURNAL OF THE SENATE,

HB 509. Do Pass

Respectfully submitted, H. C. Arnall, of 36th district, Chairman.

Mr. Simmons of the 8th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:

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

HB 596. Do Pass

HR 157. Do Pass

HB 286. Do Pass by substitute

HB 556. Do Pass

HB 422. Do Pass

HB 233. Do Pass

Respectfully submitted,

Simmons, of 8th district, Chairman.

The following message was received from _the House through Mr. McCutchen, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 147. By Senator Lester of the 18th:
A bill to amend section 113-1409 of the code of 1933, relating to the filing of annual returns by administrators and executors; to provide for the time of filing of such returns; and for other purposes.

SB 170. By Senator Oden of the 46th:
A bill to amend an Act approved March 28, 1937, to provide that all powers, duties, responsibilities and functions previously performed by the state entiJmologist shall now be vested in the director of entomology; and for other purposes.

SB 107. By Senators: Estes of the 35th and Arnold of the 26th:
A bill to amend the banking law as it relates to the salaries paid examiners; and for other purposes.

WEDNESDAY, MARCH 17, 1943

907

SB 142. By Senators Millican of the 52nd and Arnold of the 26th:
A bill to authorize the establishment and the maintenance of common trust funds; and for other purposes.
SB 1i3. By Senator Brock of the 37th:
A bill to authorize the board of regents of the university system of Georgia to provide by annuity or otherwise for the retirement of employees of the university system of Georgia; and for other purposes.
SB 134. By Senators Gross of the 31st and Eubank of the 29th: A bill to equalize educational opportunities throughout the state in certain phases of vocational education; and for other purposes.
The House has disagreed to the Senate substitute to the following bill of the House to wit:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to amend the unemployment compensation law by clarifying the terms of said act as amended and by providing for the succession of the experience rating of an employer; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 51. By Senators Lovett of the 16th, Kennedy of the 2nd and others:
A resolution proposing that the secretary of agriculture, Georgia's congressional representatives and the President, be personally advised of the Legislature's action in urging the secretary of agriculture to forestall a threatened food shortage by the transmission of copies of the foregoing resolution; and for. other purposes.
The House insists on it~ position in disagreeing with the Senate amendment to the following bill of the House to wit:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others:
A bill to create a board to be known as agricultural and industrial board of Georgia; to provide for the appointment and terms of office of a chairman and members of the board; to define its functions and duties; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following members of the House to wit:
Messrs. McCracken of Jefferson Phillips of Columbia Thurmond of Hall

908

JOURNAL OF THE SENATE,

The House has passed by the requisite constitutional majority the following resolutions of the House to wit: HR 169. By Mr. Looper of Dawson:
A resolution that the original chenille machine invented by Mr. Glenn Looper of Dalton, Ga., be, and the same shall be placed in the glass case museum in the Capitol building in Atlanta, Georgia; and for other purposes.
HR 170. By Mr. Fisher of Je_ff Davis: A resolution that the General Assembly and the commissiOner of agriculture promulgate plans as soon as possible to erect and put in operation a state farmers' market on land in Jeff Davis county; and for other purposes.
HR 171. By Mr. Swint of Spalding: A resolution to endorse the suggestion of naming one of the destroyers to be built with funds of the recent bond campaign after the famous Georgia naval hero, Captain Mcintosh Kell; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 81. By Senator Arnold of the 26th: A bill to amend an act relating to the effect of filing for record mortgages, bills of sale, contracts; to provide for renewal of such notice; and for other purposes.
SB 171. By Senator Millican of the 52nd: A bill to amend code of 1933 relating to credit unions; and for other purposes.
SB 189. By Senators Arnall of the 36th and Arnold o~ the 26th: 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 shall be conducted, by providing for the use of the word "company", or other general terms to denote special partners; and for other purposes.
SB 84. By Senator Arnold of the 26th: A bill to provide for .intermediate reports and accountings by fiduciaries; to change the time for filing annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills and resolutions of the Senate to wit: SB 202. By Senator Arnold of the 26th:

WEDNESDAY, MARCH 17, 1943

909

A bill to amend the banking laws of Georgia regarding director's examinations; and for other purposes.
SB 207. By Senator Millican of the 52nd: A bill to authorize the ordinary in counties of 200,000 or more to install photostatic equipment; and for other purposes.
SB 169. By Senator Gross of the 31st: A bill to amend, revise,. and codify the laws of this state governing fraternal benefit societies; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House to wit: HB 149. By Mr. Thigpen of Glascock:
A bill to establish an election canvassing board for the state; and for other purposes.
HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa: A bill to amend section 34-406 of the Code of 1933 pertaining to registered voters list; and for other purposes.
HB 165. By Messrs. Bates of Ware and Gholston of Madison: 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; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House to wit: HB 552. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen
of Glynn: A bill to abolish the state examining board and to create in lieu thereof state examining commissions; and for other purposes.
Senator Hall of the 50th asked unanimous consent to recommit the following bill of the House to the Committee on Hygiene and Sanitation for the purpose of amending the bill in the committee:
HB 524. By Messrs. Padgett, Taylor and Pirkle of Echols: A bill to provide that persons in the state suffering from diabetes shall be furnished insulin by the state department of health; and for other purposes.
The consent was granted.
Mr. Hampton of the 41st District, Chairman of the Committee on Hygiene and

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JOURNAL OF THE SENATE,

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:
HB 524. Do Pass as amended Respectfully submitted,
Hampton, of 41st district, Chairman.
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time: SB 196. By Senator Dean of the 34th:
A bill to provide that the commissioner of labor may promulgate rules for the prevention of accidents, or the prevention of industrial or occupational diseases in employment, without proposing such rules to the industrial board; and for other purposes.
HB 194. By Messrs. Allison of Gwinnett and others: A bill to require the inoculation of dogs against rabies; to provide a rabies inspector in each county; and for other purposes.
HB 204. By Mess_rs. Smith and Reid of Carroll: A bill to amend section 34-1905 of the code of 1933, relating to voting, to provide a freeholder to aid any person who is blind, illiterate, or has lost the use of his hands; and for other purposes.
HB 340. By Mr. Mixon of Irwin: A bill that no court shall discriminate against any person because of illegitimate child in any action for damages; and for other purposes.
HB 422. By Messrs. Key of Jasper and Dorsey of Cobb: A bill to amend the income tax laws to provide a $2,500.00 exemption for a widow, widower or divorced person having a minor child; and for other purposes.
HB 456. By Mr. Pirkle of Forsyth:
A bill to amend section 106-301 of the code of 1933, to provide for a registration of business conducted under trade names; to require publication of application in official organ for four weeks; and for other purposes.
HB 479. By Messrs. Deal of Bulloch, Brunson "of Bulloch and Guyton of Effingham:

WEDNESDAY, MARCH 17, 1943

911

A bill providing funds for the reimbursement of medical expenses, hospital treatment and nurses, doctors bills, for W. Herbert Brannen, caused by his being wounded by officers of the state in their attempt to capture escaped convicts on July 11, 1938 ; and for other purposes.
HB 509. By Messrs. Bynum of Rabun, Oliver of Tattnall and others: A bill to appropriate $15,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological products for purity and potency; and for other purposes.
HB 524. By Messrs. Padgett and Taylor and Pirkle of Echols: A bill to provide that persons suffering from diabetes shall be furnished insulin by the state department of health; and for other purposes.
HB 556. By Messrs. McCracken of Jefferson, Gowen of Glynn and Durden of Dougherty: A bill to amend section 92-201 of the code of 1933, to provide that profit or income which may be received by institutions and used for purely charitable purposes shall be exempt; and for other purposes.
HR 73. By Mr. Etheridge of Fulton: A resolution to appropriate $756.64 to pay Stocks Coal Company for coal furnished the state; and for other purposes.
HR 141. By Messrs. Rossee of Putnam and Cannon of Rockdale: A resolution memoralizing senators and congressmen from Georgia to support legislation to establish a pharmacy corps in the United States army; and for other purposes.
HR 153. By Mr. Ennis and Moore of Baldwin: A resolution to appropriate to the mayor and aldermen of the City of Milledgeville the sum of $12,900.30 to pay assessments against land known as the Old Capitol Square lying on Wayne and Greene streets in said city for paving and improving said streets; and for other purposes.
The following local uncontested bills and resolutions, were read the third time and put upon their passage:
HB 638. By Mr. Gillis of Treutlen: A bill to provide that applicants for divorce in Treutlen superior court shall deposit $15.00 as costs at the time of filing the petition; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

912

JOURNAL OF THE SENATE,

On the passage of the bills, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 644. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to amend an act of 1943 creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0. The bill, having received th~ requisite constitutional majority, was passed.

HB 647. By Messrs. Gowen and Gilbert of Glynn: A bill to authorize the commission of the City of Brunswick to use Palmetto Square in said cicy as a trailer camp or for other forms of temporary war housing for the duration of the present war, and for not exceeding six months thereafter; and for other purposes.
The report 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. HR 125. By Mr. Parker of Walton:
A resolution authorizing the state librarian to furnish certain law reports to the clerk of the superior court of Walton 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 27, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 158. By Mr. Smith of Oglethorpe: A resolution to authorize the state librarian to furnish a complete set of supreme court reports and court of appeals reports to the ordinary of Oglethorpe county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY, MARCH 17, 1943

913

On the adoption of the resolution, the ayes were 28, nays 0..
The resolution, having received the requisite constitutional majority, was adopted.
The following bills and resolutions were read the third time and put upon their passage: HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee:
A bill to amend the income tax laws by providing that alimony and separate maintenance by the wife shall constitute income to said wife and that the husband may deduct such payments from his gross income; and for other purposes.
The report of the commit!ee, 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.
HB 370. By Messrs. Kendrick of Fulton, McNall of Chatham, Holley of Richmond, and Weaver of Bibb: A bill to amend the unemployment compensation law to provide for the collection of unemployment contributions in default by the commissioner of revenue; and for other purposes.
The report of 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.

HB 222. By Messrs. Smith and Reid of Carroll, Weaver of Bibb, and others: A bill amending chapter 88-2 of the code of 1933, known as the Ellis healtit law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 238. By Messrs. Gowen and Gilbert of Glynn; A bill to provide that no income tax returns made to the state shall be required to be verified by the taxpayer before filing; and for other purposes.

914

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.
The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House: SB 169. By Senator Gross of the 31st:
A bill to amend, revise, and codify the laws of this state governing fraternal benefit societies; and for other purposes.
The House offered the following amendment: Mr. Harris of Richmond moves to amend SB 169 by adding thereto a new section to be known as section 39 (a) and to read as follows: "Section 39(a). Be it further enacted by the authority aforesaid that this bill shall not supersede nor repeal any law relating to industrial insurance nor shall said act be construed to authorize any society referred to in said bill to engage in the business of industrial life and health insurance as now defined by the laws of this state."
Senator Atkinson of the lst moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 28, nays 0, and the amendment was concurred in.
Senator Foster of the 40th moved that the following bill of the House be referred to the Rules Committee to consider placing same on the calendar for the purpose of disagreeing to the report of the Committee on General Judiciary No. 2, which was unfavorable to the passage of the bill: HB 281. By Messrs. Looper and Dawson and others:
A bill to provide a salary for the solicitor general of the northeastern judicial circuit instead of fees; and for other purposes.
The motion prevailed and the matter was referred to the Rules Committe!'.
The following bills and resolutions were read the third time and put upon their passage: HB 215. By Mr. Hatchett of Meriwether:
A bill to amend section 32-1014 of the code of 1933, relating to annual reports of county superintendents of schools, to provide for reports at the end of the fiscal year instead of in the spring; and for other purposes.

WEDNESDAY, MARCH 17, 1943

915

The Committee on Education and Public Schools offered the following substitute:
A BILL To be entitled An Act to amend Section 32-1014 of the Code of Georgia of 1933 relating to the annual report of county superintendent of schools. to the grand jury at the spring term of the court, and to amend Chapter 32-9 "County Boards of Education" by adding a new section to said chapter, to b~ appropriately numbered, such section to provide that no member of any county board of education shall be eligible to sell to any county board of education any supplies used, consumed or necessary in the operation of any public schools; to provide penalties for the violation of this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That Section 32-1014 of 'the Code of Georgia of 1933, relating to the
Annual Report of County Superintendents to the Grand 1ury, be, and the same i~,
hereby amended by inserting the word "fiscaP immediately before word "year" and by striking therefrom the word "Spring" immediately before the word "term", and inserting the word "Fall" immediately before the word "term" so that said Section 32-1014 of the Code of Georgia of 1933, when so amended, shall read as follows:
"It shall be the duty of the County Superintendent of Schools to make a report
of the school operations of the preceding fiscal year to the Grand 1ury, at the Fall
Term of the court, and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention."
Section 2. That Chapter 32-9 "County Boards of Education" of the Official Code of 1933 be amended by adding a new section to said chapter, to be appropriately numbered, and which section shall read as follows:
"No member of any county board of education in this State shall sell to any county board of education any supplies or equipment used, consumed or necessary in the operation of any public school in this State."
Section 3. Any member of any county board of education violating the provisions of the above st"ction shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.
Section 4. Should any provisions of this Act be declared unconstitutional, it is hereby declared to be the intent of the General Assembly that that part of this Act not declared unconstitutional would have been enacted without the unconstitutional provision.
Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

916

JOURNAL OF THE SENATE,

The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed hy substitute.
Senator Fowler of the 39th asked unanimous consent that HB 215 be immediately transmitted to the House and the consent was granted.
HB 318. By l\!lessrs. Cannon of Rockdale and Rossee of Putnam: A bill to repeal section 84-102 of the code of 1933, pertaining to the duties of the secretary of state and the joint-secretary of the state examining 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed. HB 258. By Mr. Fortson of Wilkes:
A bill to amend chapter 68-2 of the code of 1933 by providing that motor vehicle licenses shall be purchased before April of each year; and for other purposes.
The Committee on Motor Vehicles offered the following amendment:
Committee on Motor Vehicles moves to amend HB 258 by striking from the
caption in line 3-4 and 5 the following "may be purchased during the month of
December, prior to the year for which they are issued, and" and further strike the
word "March" in line 5 and insert in lieu thereof the word "April"
Furthtr amend in Section 1 line 6 by striking the word "March" and inserting in lieu thereof the word "April" and striking the rest of line 6 after the figures "1944" and striking all of line 7-8-9 except the last word in line 9.
I
Further amend Section 1 line 15 by striking the word "March" and inserting in lieu thereof the word "April" and further amend by striking all of lines 18-19-2021-22 after the words "by law" in line 18 and by changing the semi-colon after "law" to a period.
Amend Section 2 line 4 by striking the word "March" and inserting m lieu thereof the word "April"
Amend Section 4 line 2 by striking the word "March" and inserting in lieu thereof the word "April"

WEDNESDAY, MARCH 17, 1943

917

The amendment was adopted.

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

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

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

HB 322. By Messrs. Grayson, MeNall, and Alexander of Chatham:
A bill to amend title 52 of the code of 1933, entitled, "Hotels and inns" to limit liability of hotels and inn keepers for loss and theft of valuables to $300.00 except where a written contract is entered into for greater liability; and for other purposes.

The report of 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 2.

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

HB 420. By Mr. Gowen of Glynn and others:
A bill to authorize the state to enter into a compact with each or all of the states on the Atlantic seaboard to promote the better utilization of th<! fisheries; to create the Atlantic states marine fisheries commission; and for other purposes.

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

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

Ansley Arnall Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Cooper Dantzler Dean Ennis

Estes Forester Foster Fowler Hall Hampton Harrison Hollis Ingram Kaigler Kennedy Kennon Kimbrough

Newton Oden Peterson Pittman Preston Raynor Shannon Simmons Stark Terrell Whitworth of 38th Williams

918

JOURNAL OF THE SENATE,

Not voting were Senators Arnold, Clements, Eubank, Griner, Jones, Lester, Lovett, Martin, Millican, Moore, Pope, Thigpen and Whitworth of the 30th.
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 majority, was passed.
HB 430. By Messrs. Smith and Copland of Muscogee: A bill to amend section 4-214 of the code of 1933, to provide that death of a person who has executed a power of attorney, under certain circumstances, shall have the same force and effect as though coupled with an interest in the 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 91. By Messrs. Culpepper of Forsyth, Weaver of Bibb, and others:
A RESOLUTION Prnposing to the people of Georgia for ratification or rejection an amend- ment to Article 6, Section 2, of the Constitution of Georgia.
RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. That the General Assembly of Georgia proposes to the people of Georgia that Article 6, Section 2, of the Constitution of Georgia be amended by striking and repealing all of paragraph 6 of said Article and Section, as the same has heretofore been amended, and inserting in lieu thereof a new paragraph 6, as follows:
"Paragraph 6. Cases, How Disposed of: The Supreme Court and the Court of Appeals shall dispose of every case at the term at which it is entered on the court's docket for hearing, as provided by Paragraph 9 of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term at which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of thl' bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the derk for any omission of duty or to relieve him of any liability consequent thereof."
Section 2. When the foregoing amendment shall have been agreed to by two-

WEDNESDAY, MARCH 17, 1943

919

thirds of the members elected to the Senate and the House of Representatives, the same shall be entered on their journals with the yeas and nays taken thereon and published and submitted to the people for ratification or rejection at the next general election, as now provided by law.

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 as follows:

Those voting in the affirmative were Senators:

Ansley Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Cooper Dantzler Dean Ennis Estes Eubank Forester

Fowler Griner Hall Hampton Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Kimbrough Lester Lovett Millican

Moore Newton Oden Peterson Pittman Pope Preston Raynor Shannon Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Arnall, Clements, Martin and Thigpen.

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

On the adoption of the resolution, the ayes were 46, nays 0.

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

HB 243. By Messrs. Yawn of Dodge, and others:
A bill to amend the fertilizer inspection act to provide a penalty of twenty five per cent of the purchase price where it falls below the plant food value by ten per cent or more ; and for other purposes.

Senator Gross of the 31st moved that HB 243 be indefinitely postponed.

On the motion to indefinitely postpone, the ayes were 30, nays 4, and the motion prevailed.

920

JOURNAL OF THE SENATE,

HR 120. By Messrs. Parks of Greene, Hooks of Emanuel, Yawn of Dodge, and others: A resolution requesting congressmen and senators from the state to introduce or advocate, an amendment to the federal social security act so as to equalize the payment from federal funds to the end that each and every recipient would receive the same amount therefrom; 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 we~e 29, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 107. By Messrs. Guyton of Effingham, Park of Greene and Brunson of Bulloch: A resolution specifying the manner of pledging allegiance to. the Georgia flag; 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 20. By Mr. Etheridge of Fulton: A resolution to appropriate funds to pay the American Coolair Corporation for goods sold the state; and for other purposes.
Senator Millican of the 52nd offered the following amendment: Amend HR 20 by striking the last paragraph of said resoluti~n in its entirety and inserting a new paragraph in lieu thereof to read as follows:
"Now therefore, be it resolved by the General Assembly of Georgia that there is hereby appropriated from the legislative fund the amount of $1500.00 which said amount the budget authorities of the state are authorized to make available for the purpose of paying and to pay the said amount to the American Coolair Corporation for the purchase of said fans, in the event the financial condition of the state warrants."
The amendment was adopted.
The report of the committee, which was favorable to ado"ption of the resolution, was agreed to as amended.

WEDNESDAY, MARCH 17, 1943

921

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

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Bloodworth of 22nd Boyett Brock Byrd Cooper Dantzler Dean Ennis

Estes Eubank Fowler Hall Harrison Hollis Ingram Kimbrough Lovett Millican Moore

Newton Peterson Pope Raynor Simmons Stark Terrell Thigpen Williams

Those voting in the negative were Senators:

Bacon Foster Kennon

Pittman Preston Whitworth of 30th

Whitworth of 38th

Not voting were Senators Atkinson, Bloodworth of the 23rd, Clements, Forester, ,Hampton, Jones, Kaigler, Kennedy, Lester, Martin, Oden, and Shannon.

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

On the adoption of the resolution, the ayes were 31, nays 7.

The resolution having received the requisite constitutional majority, was adopted as amended.

HB 407. By Mr. ~hance of Twiggs:
A bill to require the state highway board to have its patrolmen to burn all the shoulders of all state highways to protect the forests; and for other purposes.

Senators Atkinson of the 1st and Terrell of the 19th offered the following substitute:

A BILL
To protect and preserve timber lands and natural resources, to prevent forest fires, to authorize the State Highway Department to burn shoulders of highways under State Supervision, and to protect adjoining lands from such burning operations, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

922

JOURNAL OF THE SENATE,

Section 1. That it is the purpose of this Act to protect and preserve the timber lands and natural resources of this State. To prevent forest fires originating on shoulders of State Highways.
Section 2. The State Highway Department is hereby authorized, with the approval of adjoining land owners, to burn off the shoulders of all highways under its supervision, at such times and in such areas as may be designated by the Georgia Forestry Commission or any successor Commission. Any burning under this Act shall be supervised in such manner as to prevent the spreading of fires therefrom.
Section 3. This Act shall not apply to any highways that have been beautified by the Federal, State or local Government, or where the county authorities object to such burning.
Section 4. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 620. By Messrs. Harris of Richmond and Whipple of Bleckley: A bill to amend sections 27-904 and 27-906 of the code relating to surrendering of principal, cost, death of principal, to provide for judgment against bail, service by publication; and for other purposes.
The report of 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.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper: A bill to amend the act relating to the sale of fertilizer or fertilizer material to provide for the registration and method of reporting; and for other purposes.
Senator Atkinson of the 1st asked unanimous consent that HB 428 be postponed until March 18, 1943.
The consent was granted.

WEDNESDAY, MARCH 17, 1943

923

HR 160. By Messrs. Durden of Dougherty and Key of Jasper:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Article 7 of the Constitution of Georgia, so as to provide that powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other costs and benefits under a teacher retirement system or systems; to repeal House Resolution No. 13-16 B approved February 26, 1943, 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 a new section thereto to be known as Section XVIII, to read as follows:
The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder.
Section 2. Be it further enacted that a resolution known as House Resolution No. 13-16 B, approved February 26, 1943, for the submission to the qualified voters of the State of proposed amendment to the Constitution of Georgia amending Article 7, Paragraph 1, Section 1, to provide for payments of benefits and other costs under a t~acher retirement system of Georgia is hereby repealed.
Section 3. That when this amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the journals of each House, with the "yeas" and "nays" thereon, and shall be published in one or more newspapers in each congressional district in the State for two months previous to the time for holding the next general election, and at the next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article 7 of the Constitution providing that the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems"; and all persons opposed to the ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 7 of the Constitution providing that the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems".
And if the majority of the electors qualified to vote for members of the General

924

JOURNAL OF THE SENATE,

Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratifiPd.

Section 4. That any and all provtswns of law and parts of law m 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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Ennis

Estes Eubanks Forester Foster Fowler Griner Hall Harrsion Ingram Jones Kaigler Kennedy Kennon Lovett

Martin Millican Moore Newton Oden Peterson Pittman Pope Preston Raynor Simmons Terrell Whitworth of 38th Williams

Voting in the negative was Senator: Stark

Not voting were Senators Dean, Hampton, Kimbrough, Lester, Thigpen and Whitworth of the 30th.

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.

HB 535. By Mr. Hubert of DeKalb: A bill to provide that justices of the peace shall lay their dockets before

WEDNESDAY, MARCH 17, 1943

925

grand juries only on the first day of the first term of superior court in each calendar 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn, and Allison of Gwinnett: A bill to authorize and provide the effect of recording certified copies of recorded instruments; and for other purposes.
The Committee on General Judiciary No. 1 offered the following substitute:

A BILL
To be entitled an Act. to authorize, and provide the effect of recording certified copies of recorded instruments and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby. enacted by the authority of the same, That:
Section 1. A copy from the registry of any instrument, conveying or affecting land in any county of this State and recordt'd in the office of the Clerk of the Superior Court of such county, if duly certified by such Clerk, may be filed for record and recorded in the office of the Clerk of the Superior Court of any other county where some of the land conveyed or affected by such instrument lies, in the same manner and with the same force and effect for all purposes as if such certified copy were the original instrument; Provided, an affidavit is attached to such certifi<!d copy and recorded with it, in which the affiant says that he owns an interest in property affected by such instrument, that the original instrument has been lost or destroyed and that he verily believes that the original instrument was genuine.
Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

926

JOURNAL OF THE SENATE,

HB 139. By Messrs. Daves of Dooly and others: A bill to authorize the state board of health to acquire such laboratories and hospitals or other property necessary to carry out the public health program in this state ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HR 161. By Messrs. Swint of Spalding, Fortson of Wilkes, Mrs. Guerry of Macon, and others: A resolution memoralizing Honorable Claude R. Wickard, secretary of agriculture, and the Georgia delegation in Congress to remove restrictions on the production of all farm crops essential to the war effort; and for other purposes.
Senator Atkinson of the 1st asked unammous consent that HR 161 be tabled, and the consent was granted.
HR 58. By Mr. Burnside of McDuffie: A resolution proposing an amendment to article 8, section 4, paragraph l, of the constitution, to authorize county board of education, independent school systems and local school districts to contract with each other for the education, transportation and care of children of school age; and for other purposes.
Senator Jones of the 3rd moved that HR 58 be tabled, and the motion was lost.
Senator Millican of the 52nd asked unanimous consent that further consideration of HR 58 be postponed until March 18, 1943, and the consent was granted.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has passed as amended by the requisite constitutional majority the
following bills of the Senate to wit:
SB 116. By Senators: Lester of 18th, Bloodworth of 23rd, and others: A bill to repeal an act creating a state highway board; to create the state highway commission; and for other purposes.

The following resolution was taken up for the purpose of considering a conference committee report:

WEDNESDAY, MARCH 17, 1943

927

SR 31. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th and others:
A resolution proposing an amendment to article 3, section 9, paragraph 1, of the constitution to provide that members shall receive $600.00 as full compensation for a legislative session; and for other purposes.
The conference committee report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on Senate Resolution No. 31 submits this report: I. We recommend that the House recede from its position on Senate Resolution No. 31 and agree to the resolution as passed by the Senate, when amended as follows:
(a) By striking from Section 1 of the Resolution, as passed by the Senate, all of the language proposed to be inserted in the Constitution as Paragraph 1 of Section 9 of Article 3, and inserting in lieu thereof the following:
"Paragraph 1. Compensation and Mileage. Members of the General Assembly shall each receive the sum of $600.00 for each full term, and a pro rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly. For attending extraordinary sessions of the General Assembly, the members shall each receive $8.00 per diem. They shall each receive mileage not to exceed ten cents for each mile traveled, by the nearest practicable route, in going to and returning from the capital, to be paid once for each regular or extraordinary session. The President of the Senate and the Speaker of th~ House of Representatives shall each receive $900.00 for each full term of office, and a pro rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly; and $12.00 per diem for attending extraordinary sessions of the General Assembly; they shall receive the same mileage as for other members.
(b) By striking Section 2 of Senate Resolution No. 31, as passed by the Senate.
(c) By striking the caption of said Senate Resolution No. 31 and inserting in lieu thereof a new caption as follows:
"A Resolution proposing to the people of Georgia an amendment to Paragraph I of Section IX of Article III of the Constitution of Georgia, fixing the compensation and mileage of members of the General Assembly."
2. We recommend that the Senate concur in and agree to the foregoing amendments.
Respectfully submitted, Lovett of the 16th Harrison of the 17th Arnold of the 26th Conferees on the part of the Senate.

928

JOURNAL OF THE SENATE,

Durden of Dougherty Culpepper of Fayette Connell of Lowndes
Conferees on the part of the House.
Senator Lovett of the 16th moved that the Senate adopt the conference report.
On the motion to adopt the conference committee report, the ayes were 37, nays 1, and the conference committee report was adopted.
The following resolution was taken up for the purpose of considering a conference committee report:
SR 32. By Senator Lovett of the 16th and others:
A resolution proposing an amendment to article 3, section 4, paragraph 3, of the constitution to provide that the general assembly shall convene on the second Monday in January 1945, and biennially thereafter on the same date for a sixty day session; to abolish the ten day session; and for other purposes.
The conference committee report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on Senate Resolution No. 32 submits this report:
1. We recommend that the Senate recede from its position and agree to the House Substitute, when amended as follows:
By ,striking from the proposed new Paragraph Ill of Article III, Section IV, of the Constitution of Georgia, the words "eighty (80) days," wherever the same appear, and inserting in lieu thereof the words "seventy days," and by adding after the word "session," in the seventh line of said Paragraph III, a comma and the words "but shall remain in regular session," so that said Paragraph III of Article III, Section IV, of the Constitution, as set forth by Section I of the House Substitute for Senate Resolution No. 32. shall read as follows:
"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than seventy days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy days without fixing a date for reconvening, the General Assembly shall reconvene in regular S@Ssion on the second Monday in January of the next year. All business pending in the House or Senate at the adjournment of any regular session may be considered at any

WEDNESDAY, MARCH 17, 1943

929

later regular session of the same General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of threefifths of the members elected to the Senate and House of Representatives, as provided in Article V, Section I, Paragraph XIII, of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."
2. We recommend that the Senate and House agree to the foregoing amendment.
W. H. Lovett of the 16th Walter Harrison of the 17th
D. J. Arnold of the 26th
Conferees on the part of the Senate.
Connell of Lowndes Durden of Dougherty Culpepper of Fayette
Conferees on the part of the House.
Senator Lovett of the 16th moved that the Senate adopt the report of the conference committee.
On the motion to adopt the conference committee report the ayes were 31, nays 0, and the conference committee report was adopted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 207. By Senator Millican of the 52nd:
A bill to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
The House offered the following amendment:
Messrs. Etheridge, Kendrick .and Mrs. Mankin of Fulton moves to amend SB 207 by adding a new sentence to section 4, of said bill at the end thereof to read as follows: "Provided, however, that in all cases carried to the supreme court of Georgia or to the court of appeals of Georgia, the rules of the courts for the preparation of transcripts of record shall be complied with.'"
Senator Millican of the 52nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 35, nays 0, and the amendment was concurred in.

930

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 116. By Senators Lester of the 18th, Atkinson of the 1st, Simmons of the 8th and others:
A bill to create a state highway commission of ten members and to abolish . the state highway board; and for other purposes.
The House offered the following amendments:
Mr. Bynum of Rabun:
Moves to amend SB 116, as amended, by adding another section preceding the repealing clause to be appropriately numbered, to read as follows:
"That after the passage of this Act, the Highway Department, or Commission, or Director, shall not have authority to enter into any legal contract for the construction of any highway, or part thereof, during any period of three months next preceding the end of the term of office of any Governor of this State. That all contracts which may be entered into by the Highway Department, Director, or Commissioner, on which no actual work has been done at the end of the term of office of any Governor shall be null and void.
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 30, nays 0, and the amendment was concurred in.
Mr. Johnson of Pike moves to amend SB 116 by adding another paragraph properly numbered, to read as follows: "It shall be the duty of the Highway Commission to equalize highway funds and distribute road building and road repairing according to their needs and political prestige or pressure shall not be the guiding rule."
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 29, nays 0, and the amendment was concurred in.
Messrs. Roughton of Washington, Bynum of Rabun, Hatchett and Thompson of Meriwether:
Move to amend SB 116 by striking all of Section 13 and substituting in lieu thereof a new section to be known as Section 13 and shall read as follows:
"Section 13. All suits brought either by or against the State Highway Department shall be brought in the name of "State Highway Department of Georgia". All suits brought ex-contrato by or against State Highway Department of Georgia shall be brought in the County where the contract is to be or has been. performed. All

WEDNESDAY, MARCH 17, 1943

931

suits brought ex-delicto shall be brought in the County in which the cause of action arose. Service upon said Department shall be sufficient by serving a second original process issued from the county where the suit is filed upon the Highway Director, either personally or by leaving a copy of same in the State Highway Building No. 2 Capitol Square, Atlanta, Georgia.
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 27, nays 0, and the amendment was concurred in.
Mr. Dupree of Pulaski moves to amend SB 116 by adding a sentence at the end of Section 12 to read as follows:
"Nothing in this bill shall prevent suit against the State Highway Department or preclude liability against the same as a result of an accident at or on a bridge in this State."
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 30, nays 0, and the amendment was concurred in.
Mr. Dorsey of Cobb moves to amend Section 9 of SB 116 by striking the word "request" in line 9 thereof and substituting therefor the word "require."
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 34, nays 0, and the amendment was concurred in.
Messrs. Roughton of Washington, Bynum of Rabun, and Hatchett and Thompson of Meriwether move to amend section 8 of SB 116 by inserting after the words "the Commission shall not remain in" and before the word "session" the word "regular."
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 35, nays 0, and the amendment was concurred in.
Mr. Harris of Richmond moves to amend SB 116 by striking section 7 in its entirety and inserting a new section to read as follows:
"Section 7. There is hereby created a Commission to be known as the State

932

JOURNAL OF THE SENATE,

Highway Commission which shall consist of twelve members to be appointed by the Governor with the approval of the Senate, who shall serve for a term of four yean, the same to be concurrent with that of the Governor. Each Congressional District of the State shall be represented by a member residing in said District and there shall be two members from the State at Large. The Governor shall designate one member of such Commission as Chairman, one member as Vice-Chairman, and another member as Secretary, but such officials shall receive no additional compensation for their services. Each member of the Commission shall receive as compensation seven dollars per diem while engaged upon attendance at meetings of the Commission, and shall be entitled to actual expenses while so engaged."
Senator Bloodworth of the 22nd moved that the Senate concur m the House amendment.
On the motion to concur, the ayes were 27, nays 1, and the amendment was concurred in.
The Committee on Public Highways No. 1 moves to amend SB 116, as follow": By striking therefrom section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows:
"The State Highway Director is hereby authorized and empowered to place on the State highway system any state-aid-roads as he deems necessary to the best interests of the State, when approved by a majority of the Commission herein created, and to take off of the State highway system all roads heretofore certifi.-d as state-aid-roads, when approved by a majority of the Commission herein created, which do not exist or which, if in existence, are not now being used by the traveling public, and such roads as have been included in United States Government reservations and closed to travel of the public, and by first giving written notice to the county road authorities concerned thirty days prior to such action."
Senator Bloodworth of the 22nd moved that the Senate concur m the House amendment.
On the motion to concur, the ayes were 36, nays 2, and the amendment was concurred in.
Messrs. Roughton of Washington, Bynum of Rabun, Hatchett and Thompson of Meriwether move to amend SB 116 by adding at the end of section 3 the following:
"The Governor shall fix the salary of both the State Highway Director and the Treasurer. The salary of the Director shall not exceed Seven Thousand ($7000.00) Dollars per annum, and the salary of the Treasurer shall not exceed Forty-Eight Hundred ($4800.00) Dollars per annum.
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.

WEDNESDAY, MARCH 17, 1943

933

On the motion to concur, the ayes were 31, nays 4, and the amendment was concurred in.
Mr. Hefner of Pickens:
Moves to amend SB 116, section 14, by striking the words "merchandise, materials or supplies", wherever they appear in said section, and inserting in lieu thereof the words "real or personal property", so that when amended said section shall read:
Section 14. It shall be unlawful for any member of the State Highway Commission, or any officer or employee of the State Highway Department to contract to buy from or sell to the State Highway Department any real or personal property of any kind, when such purchase or sale would benefit or be likely to benefit such member, officer or employee, or any firm or corporation in which he is or may be interested as a stockholder, partner, sha~er, or beneficiary. Any person o.r persons violating the provisions of this Section shall be guilty of a misdemeanor.
Senator Bloodworth of the 22nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 28, nays 0, and the amendment was concurred in.
The following bill was read the third time and put upon its passage:
HB 11. By Messrs. Wells of Ben Hill and others: A bill to establish a teacher retirement system of Georgia; and for other purposes.
Senator Lester of the 18th offered the following amendment:
Amend HB 11, by striking from Section 1. Sub-section 5 the last sentence of
said sub-section the following words:
"Any employee or teacher whose salary is paid entirely from fees of students or"
So that said sub-section when amended will read as follows:
"The word "teacher" shall not be deemed to include any employee not engaged directly in classroom teaching activities or in the supervising of teachers or any temporary or emergency employee".
The amendment was adopted.
Senator Raynor of the 4th called for the previous question and the call was sustained.
Senator Jones of the 3rd moved that the Senate reconsider its action in moving the previous question on HB 11.

934

JOURNAL OF THE SENATE,

On the motion to reconsider the previous question, the ayes were 13, nays 29, and the motion was lost.
Senator Jones of the 3rd moved that further action on HB 11 be postponed until March 18, 1943, and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 2.
The bill, having received the requisite constitutional majority, was passed :as amended.
Senator Millican of the 52nd moved that the Senate insist upon its substitute to the following bill of the House and that a committee of conference be appointed:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton: A bill to amend the unemployment compensation law by providing for the succession of the experience rating of an employer where his business is acquired by another; and for other purposes.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators: Millican of the 52nd Arnold of the 26th Estes of the 35th
The following resolutions were read and adopted:
HR 169. A resolution that the original chenille machine invented by Mr. Glenn Looper of Dalton, Georgia, be, and the same shall be placed in the glass case of the state museum of the Capitol building in Atlanta, Georgia; and for other purposes.
HR 170. By Mr. Fisher of Jeff Davis: A resolution that the General Assembly hereby requests the Governor and the commissioner of agriculture to promulgate plans and as soon as possible to erect and put in operation a state farmer's market on land in Jeff Davis county; and for other purposes.
HR 171. By Mr. Swint of Spalding: A resolution to endorse the suggestion of naming one of the destroyers to be built with funds of the recent bond campaign after the famous Georgia naval hero, Captain Mcintosh Kell; and for other purposes.

WEDNESDAY, MARCH 17, 1943

935

Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 639. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to amend the civil service act of the City of Atlanta to provide the department head may file charges for inefficiency or misconduct; and for other purposes.
1lhe consent was granted.
1lhe following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: 1lhe House has agreed to the Senate substitutes to the following bills of the
House to wit:
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to fix the salaries of all deputies and assistants of the county officials of Richmond county; and for other purposes.
HB 623. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to amend an act to fix the salaries and compensation of certain officers and deputies of the municipal court of Augusta; and for other purposes.
1lhe House has agreed to the Senate substitute to the following bill of the House to wit:
HB 215. By Mr. Hatchett of Meriwether: A bill to amend section 32-1014 of the code of 1933 relating to the annual report of county superintendents of schools to the grand jury, at the spring term of the court; and for other purposes.
1lhe House has disagreed to the Senate amendment to the following bill of the House to wit:
H B II. By Messrs. McCracken of Jefferson, Phillips of Columbia and others: A bill to establish a teacher retirement system of Georgia; and for other purposes.
And the House requests that a committee of conference be appointed; and the speaker has appointed on the part of the House the following members of the Hous.e to wit:
Messrs. Caldwell of 1lroup Key of Jasper, and Thrash of Coffee

936

JOURNAL OF THE SENATE,

The House insists on its position in disagreeing to the Senate substitute to the following bill of the House to wit:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton: A bill to amend an act known and designated as the unemployment compensation law, by clarifying the terms of said act as amended and by providing for the succession of the experience rating of an employer; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following members of the House to wit:
Messrs. Ray of Warren Elliott of Muscogee, and Kendrick of Fulton
The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 419. A bill to amend an act entitled "Homestead exemption from taxes" so as to define the term homestead; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 151. By Senator Shannon of the 21st: A bill to repeal an act to provide for holding two terms of Twiggs superior court; and for other purposes.
SB 152. By Senator Shannon of the 21st: A bill changing the terms of the superior court in Twiggs county; and for other purposes.
SB 175. By Senator Millican of the 52nd: A bill to authorize additional election precincts in a single militia district in unincorporated areas of counties having a population of 200,000 or more according to the United States census of 1940; and for other purposes.
SB 176. By Senator Millican of the 52nd: A bill to require the registration cards in the voters' book in Fulton county to contain and disclose information regarding naturalization date; and for other purposes.
;SB 177. By Senator Millican of the 52nd: A hill to require election managers at all elections in counties having a population of 200,000 or more according to the 1940 census or any future census to preserve and seal in a separate envelope directed to the county registrar

WEDNESDAY, MARCH 17, 1943

Y37

the application of ballots of those who vote at said election; and for other purposes.
SB 203. By Senator Millican of the 52nd: A bill to prescribe the place where electors shall vote in counties having :t population of 200,000 or more; and for other purposes.
SB 212. By Senator Gross of the 31st: A bill to provide for the holding of four terms each year of Stephens superior court; and for other purposes.
SB 215. By Senator Whitworth of the 38th: A bill to provide additional regulations for the registration of voters m Paulding county; and for other purposes.
SB 216. By Senator Shannon of the 21st: A bill to provide that the sheriff of Twiggs county shall be paid a salary of $100.00 per month in addition to the fees; and for other purposes.
SB 217. By Senator Shannon of the 21st: A bill to provide a new schedule of commissions to be pad tax commissioners of Twiggs county; and for other purposes.
SR 40. By Senator Lovett of the 16th: A resolution to authorize the furnishing to the clerk of Laurens superior court without cost to Laurens county, volumes of Georgia reports; and for othn purposes.
SR 58. By Senator Preston of the 27th: A resolution authorizing the state library to furnish to the clerk of the superior court of Walton county, without costs to said county, certain enumerated volumes of the supreme court and court of appeals; and for other purposes.
SR 59. By Senators Foster of the 40th, Pittman of the 42nd and Ansley of the lOth: A joint resolution of the General Assembly, advising the state board of pardons and paroles of the legislative intent in the creation of such board; and for other purposes.
SB 141. By Senator Harrison of the 17th: A bill to amend the homestead exemption act to provide where an owner contracts for replacement of a home and resides in the replaced dwelling under a bona fide option to purchase he shall be entitled to tax exemption; for other purposes.

938

JOURNAL OF THE SENATE,

SB 200. By Senator Lovett of the 16th:
A bill to amend an act amending the banking act to provide for verification of certain individual accounts of banks by bank examiners; and for other purposes.

SB 229. By Senator Whitworth of the 30th:
A bill to amend an act incorporating the Town of Hull, to regulate the use of its streets for business purposes; and for other purposes.

The following bills were read the third time and put upon their passage:
HB 504. By Mr. Kendrick of Fulton:
A bill to provide that public property belonging to the state, counties or municipal corporations may be used for producing food products during the emergency; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0.

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

Senator Gross of the 31st moved that the Senate insist upon its amendment to the following bill of the House and that a committee of conference be appointed:
HB 1I. By Messrs. Wells of Ben Hill and others: A bill to establish a teacher retirement system of Georgia; and for other purposes.
The motion prevailed and Senator Harrison of the 17th, presiding, appointed as a committee of conference the following:
Senators: Ennis of the 20th Lester of the 18th Eubank of the 29th
The following bill was read the third time and put upon its passage:
HB 577. By Messrs. Anderson of Wayne and others: A bill to make it a felony for any person to maliciously and wilfully fire the woods; and for other purposes.

The report 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.

WEDNESDAY, MARCH 17, 1943

939

Senator Jones of the 3rd gave notice that at the proper time he would file :1 minority report disagreeing with the report of the Committee of Agriculture, which was unfavorable to the passage of the following bill of the House:
HB 236. By Messrs. Mabry and Jennings of 'Sumter and others:
A bill to provide for six state fertilizer inspectors and to fix their salaries and duties; and for other purposes.
The following bill of the House was taken up for the purpose of considering the report of a committee on conference:
HB 16. By Messrs. McCracken of Jefferson and others:
A bill to establish a board to be known as the agricultural and industrial board of Georgia; and for other purposes.
The report of the conference committee was as follows:
Mr. President: Mr. Speaker:
Your Committee on Conference to HB 16 has had under consideration the differences between the House and the Senate as to the Senate amendment to such bill and respectively recommend the following:
1. That the Senate recede from its position in adopting the amendment to such bill.
2. That in lieu of such amendment the House and Senate adopt the following amendment to be known as Section 1.
"Section 1. A Board known as the Agricultural and Industrial Development Board of Georgia is hereby created. The Board shall consist of 21 members. The members shall be: The Chairman of the Board of Regents of the University System .of Georgia or a member of the Board of Regents designated by the Chairman, the State Superintendent of Schools, The Commissioner of Agriculture, The Director of Public Health, The Head of the Department of Conservation, The Chairman of the Public Service Commission and 15 citizens from the State at Large appointed by the Governor. In making said appointments the Governor shall select citizens who are fairly representative of the fields of finance, industry, business, agriculture and labor. One of the members shall be appointed Chairman of the Board by the . Governor. The Governor shall fill vacancies for unexpired terms by appointment."
Respectfully submitted,
Lester of the 18th Pittman of the 42nd Arnold of 26th
On the Part of the Senate.

940

JOURNAL OF THE SENATE,

Chas. J. Thurmond of Hall McCracken of Jefferson Phillips of Columbia
On the Part of the House.
Senator Lester of the 18th moved that the conference committee report on HB 16 be adopted.
On the motion to adopt the conference committee report, the ayes were 36, nays 0, and the conference committee report was adopted.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Foster of the 40th, Millican of the 52nd, and Dean of the 34th: A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; and for other purposes.
The House offered the following substitute:
By Messrs. Smith of Carroll and McCracken of Jefferson:
A BILL
To be entitled an Act to limit the amount of money that may be expended on behalf of any candidate for any public office in this state in the conduct of either a campaign for nomination,. or election; to provide penalties; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia as follows:
Section 1. No candidate for nomination to any office in any primary held in this State, and no candidate for any office in any general, or special, election in this State shall expend, or agree to expend, more than $25,000.00 in his campaign for nomination, or in any campaign for election in either a general, or special, election.
Section 2. That all candidates shall prepare and file with the ComptrollerGeneral an itemized statement, under oath, as prescribed in Section 34-2001 of the Code of Georgia of 1933, of all money expended in such campaign by himself, or his agents, and showing the purposes for which used and source from which such funds were derived.
Section 3. That any person who shall wilfully, or knowingly, violate any provisions of this Act shall be subject to impeachment from the office which he holds, or is elected.

WEDNESDAY, MARCH 17, 1943

941

Section 4. That all laws and parts of laws in conflict with this Act, be and the same are hereby, repealed.

Senator Atkinson of the 1st moved that the Senate agree to the House substitute to SB 11.

On the motion to agree to the substitute, the ayes were 32, nays 0, and the substitute was adopted.

The following bill of the Senate was taken up for the purpose of considering an amendment offered by the House:
SB 202. By Senators Arnold of the 26th:
A bill to amend the banking laws regarding director's examinations; and for other purposes.

The House offered the following amendment:
Mr. Sparks of Towns moves to amend SB 202 by striking from paragraph 4 the words "The superintendent is authorized to take charge of said bank."

Senator Arnold of the 26th moved that the Senate concur in the House amend ment to SB 202.

On the motion to concur, the ayes were 31, nays 0, and the amendment was concurred in.

Mr. Boyett of the 11th 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/or 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 Governor:

SB 11

SB 116

Respectfully submitted,
R. L. Boyett, of 11th district, Chairman.

The following bill of the House was taken up for the purpose of considering the report of a conference committee:

HB 11. By Messrs. Wells of Ben Hill and others:
A bill to establish a teacher retirement system of Georgia; and for other purposes.

942

JOURNAL OF THE SE~ATE,

The report of the conference committee was as follows:

Mr. President:
Mr. Speaker:
Your Committee on Conference appointed on House Bill No. ll, recommends that the House recede from its position relating to the amendment offered to subparagraph 5, of Section l, of House Bill No. 11, and they recommend that subparagraph 5, of Section 1, of said Bill be re-written so as to read as follows:

" "Teacher'' shall mean any person employed not less than half time in the

public day schools as a classroom teacher, or in the supervision of the public schools,

or any employee of the State Board of Education employed in a teaching or super-

visory capacity or any bona fide teacher or supervisor of teachers employed in any

school operated by the State Department of Education, or any teacher or supervisor

of teachers employed and paid by the Board of Regents of the University System of

Georgia and all non-clerical personnel of the Agricultural Extension Service of the

University of Georgia. The word "teacher" shall include school librarians, and

administrative officials who supervise teachers, and shall include Registrars of each

unit of the University System, and shall include Secretary and Treasurer of the

Board of Regents. The Board of Trustees shall determine in doubtful cases whether

any person is a teacher, as defined in this Act. In the event the Georgia Education

Association and any fulltime employee thereof requests the Board of Trustees tu

permit the Association as employer and such employee to make contributions as herein

defined to provide retirement benefits for such employee, the Board may permit such

employee to come under the operation of this Act as a teacher but the State shall

make no contributions on account of such employee. The word "teacher" shall not

be deemed to include any emergency or temporary employee."

'

Ennis of 20th J. E. Eubank of 29th Lester of 18th
On the Part of the Senate.

Caldwell of Troup Thrash of Coffee Key of Jasper
On the Part of the House.

Senator Ennis of the 20th moved that the Senate adopt the report of the conference committee.

On the motion to adopt the conference committee report, the ayes were 32, nays 2, and the conference committee report was adopted.

Senator Atkinson of the lst moved that the Senate stay in session until 7 o'clock: today.
On the motion to stay in session until 7 o'clock, the ayes were 19, nays 18.

WEDNESDAY. l\,IARCH 17, 1943

943

Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 9 o'clock tomorrow morning.

944

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Thursday, March 18, 1943. 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 Dantzler of the 43rd 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 Atkinson of the 1st asked unanimous consent that the following be established as the order of business for today:
l. Reports of standing committees.
2. Consideration of local uncontested bills and resolutions. 3. Consideration of general bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
SR 74. By Senator Kennedy of the 2nd, Lester of the 18th, and Gross of the 31st: A resolution providing for certain officials, committee members and attaches of the Senate to remain at the Capitol after adjournment of the present session for the purpose of clearing and closing the business of the Senate; and for other purposes.
A privileged resolution by Senators Harrison of the 17th, Shannon of the 21st, and Forester of the 44th extending the privileges of the floor to Honorable W. A. Sutton, former member of the Senate, was read and adopted.
The president asked unanimous consent that all general bills and resolutions passed today be immediately transmitted to the House.
The consent was granted.
Mr. Ingram of the 51st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on :Municipal Government have had under consideration the

THURSDAY, MARCH 18, 1943

945

following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 639. Do Pass
HB 392. Do Pass as amended Respectfully submitted, Ingram of 51st district, Chairman.
Mr. Moore of the 32nd District, Chairman of the Committee on Counties and County 1\!latters, 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:
HB 622. Do Not Pass
HB 621. Do Not Pass Respectfully submitted, G. H. Moore of 32nd district, Chairman.
Mr. Lester of the 18th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic have had under consideration the fol-
lowing bills and resolutions of the Senate and the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 119. Do Pass by committee substitute
HB 410. Do Pass
HR 155. Do Pass
SB 190. Do Pass
SB 57. Do Pass
SB 67. Do Not Pass

946

JOURNAL OF THE SENATE,

SB 80. Do Pass

SB 49. Do Pass

Respectfully submitted, Lester of the 18th district, Chairman.

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

Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House, to wit:
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to require all applicants for divorce in the superior court of Richmond county to deposit with the clerk: of said court, before the filing of such applicant's petition for divorce, the sum of fifteen ($15.00)0 dollars as costs deposit instead of six ($6.00); and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:

SB 226. By Senator Millican of the 52nd:
A bill to amend an act to provide that cities having a population of 150,000 or more according to census of 1920 or any future census shall furnish pensions to officers and employees; and for other purposes.

The House has disagreed to the Senate amendment to the following bill of the House to wit:
HB 258. By Mr. Fortson of Wilkes:
A bill to amend chapter 68-2 of the code of 1933, as amended, by providing that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.

And the House requests that a committee of conference be appointed; and the speaker has appointed on the part of the House the following members of the House to wit:
Messrs. Guyton of Effingham Fortson of Wilkes, and Mrs. Guerry of Macon.
The House has agreed to the Senate amendment to the following bill of the House to wit:

THURSDAY, MARCH 18, 1943

947

HB 254. By Mr. Elliott of Muscogee: A bill to amend section 3-704 of the 1933 code so as to fix the time in which suits for recovery of wages, damages or overtime shall be brought; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 224. By Senator Millican of the 52nd: A bill to amend an act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census, shall furnish pensions to all officers and employees; and for other purposes.
SB 225. By Senator Millican of the 52nd: A bill to amend act of 1939 as amended by act of 1941 covering pensions to employees of Fulton county; and for other purposes.
SB 236. By Senator Harrison of the 17th: A bill to abolish the offices of tax receiver and tax collector for the County of Jenkins and to create the office of tax commissioner; and for other purposes.
SB 238. By Senator Newton of the 47th: A bill to amend an act of 1943, creating a new charter for the City of Moultrie, by striking therefrom all provisions for the levying of a sales ,and an income tax; and for other purposes.
SB 227. By Senator Forester of the 44th: A bill to authorize the sheriff of Dade county to draw a salary of $75.00 per month from the county in addition to the fees now paid the sheriff; and for other purposes.
SB 231. By Senator Millican of the 52nd: A bill to provide for extension of term of executive meeting of party organizations in municipalities having a population of 200,000 or more; and for other purposes.
SB 242. By Senator Forester of the 44th: A bill to authorize and direct the ordinaries and county treasurers and/or other proper officials of all counties having a population of 13,010 to pay the sheriffs the sum of $75.00 per month; and for other purposes.
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st and others: A bill to propose an amendment of article 4, section 2, of the constitution by providing for the public service commission ; and for other purposes.

948

JOURNAL OF THE SENATE,

The House has adopted the report of the conference committee of the following bill of the House to wit:
HB 67. By Messrs. Deal and Brunson of Bullock, Turner, Hubert and Broome of DeKalb: A bill to fix the salary of the deputy insurance commissioner; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 145. By Senators Gross of the 31st, Atkinson of the 1st and others: A bill to create and establish a state-wide general election in addition to those elections now provided for under existing laws; to provide how and when held; and for other purposes.
The following bills and resolutions were read the third time and put upon their passage:
HB 392. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to amend the charter of the City of Atlanta, to authorize the mayor to administer the oath of office to members of general council; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend House Bill No. 392 by adding a new section to be known as section 2A.
Section 2A. That the successors to the following officers of the City of Atlanta, heretofore elected by vote of the people, shall, from and after the passage of thi> Act, be elected by the Mayor and General Council of Atlanta. To that end the following .sections of the Code of the City of Atlanta of 1942 are amended .1s follows:
Section 19-401, relating to the Tax Collector, is amended by striking the words "by the people" and inserting in lieu thereof the words "by the Mayor and General Council." The term of the present Tax Collector is extended to February 28, 1945, his successor to be elected on the first Monday in January, 1945.
Section 6-214, relating to the City Treasurer, is amended by striking the words "by the people" and inserting in lieu thereof the words "by the Mayor and Genenl Council." The term of the present City Treasurer is extended to March 31, 1945, and his sl!ccessor shall be elected on the first Monday in February, 1945.
Section 6-210, relating to the office of Building Inspector, is amended by striking the words "by vote of the people" and inserting in lieu thereof the words "by the Mayor and General Council of the City." The term of the present Building

THURSDAY, MARCH 18, 1943

949

Inspector is extended to April 30, 1945, and his successor shall be elected on the first Monday in March, 1945.
Section 6-201, relating to the office of the City Comptroller, is amended by striking the words "by the people" and inserting in lieu thereof the words "by the Mayor and General Council." The term of the present City Comptroller is extended to July 31, 1945, and his successor shall be elected on the first Monday in June, 1945.
Section 6-218, relating to the Superintendent of Electrical Affairs, is amended by striking therefrom the words "by the qualified voters of the City" and inserting in lieu thereof the words "by the Mayor and General Council of the City." The term of the present Superintendent of Electrical Affairs is hereby extended to May 31, 1945, and his successor shall be elected on the first Monday in April, 1945.
Section 6-206, relating to the office of Chief of Construction, is hereby amended by striking therefrom the words "by qualified voters of the City" and inserting in li~u thereof the words "by the Mayor and General Council of the City." The term of the present Chief of Construction is extended to June 30, 1945, and his successor shall be elected on the first Monday in May, 1945.
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 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 137. By Mr. Looper of Dawson: A bill to penalize any person who knowingly receives another into any house, bu_ilding, place or structure for the purpose of prostitution, lewdness, or assignation; and for other purposes.
The report of 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 unanimous consent previously granted House Bill No. 137 was immediately transmitted to the House.
HB 456. By Mr. Pirkle of Forsyth: A bill to amend section 106-3001 of the code of 1933 relating to registration of business conducted under trade names to require that notice ,,f

950

JOURNAL OF THE SENATE,

application to engage in business shall be published in the official organ for four weeks; and for other purposes.
The report of the committee, which was favorable to the passage of the blil, 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 unanimous consent, previously granted, House Bill No. 456 was immediately transmitted to the House.
HB 513. By Mr. Gowen of Glynn: A bill to amend an act by providing for the issuance of a new birth certificate for adopted children in the name of the adopting parents; and for other purposes.
Senator Pittman of the 42nd offered the following amendment:
Amend House Bill No. 513, by adding between the words "if" and "within'' in line 17 and 18 of Section 2 thereof, the words "born within the State of Georgia."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By unanimous consent, previously granted, House Bill No. 513 was imm~ diately transmitted to the House.
HB 208. By Messrs. Connell of Lowndes and others: A bill to provide for the equal payment of taxes on all kinds of property, except religious or eleemosynary institutions, and to prevent the holding of property in Georgia that is tax free; and for other purposes.
Senator Harrison of the 17th offered the following amendment:
Amend to House Bill No. 208 by adding after the words in Section one: In competition with property privately owned and taxed, andjor property privately owned, both persons, partnerships andjor corporations, where used within the channels of commerce and from which there is derived revenue and profits, the words "shall be assessed for all taxation purposes on a valuation of 60 per cent. of its actual value."

THURSDAY, xiARCH 18, 1943

951

The amendment was adopted.
Senator Pittman of the 42nd offered the following amendment:
Amend House Bill No. 208 by adding just after the word "now" in the line next to the last line of the caption the words "or that may be" and adding after the word "now" in line 19 of said Section 1, of said bill, the words "or that may be."
On the adoption of the amendment, the ayes were 10, nays 21, and the amendment was lost.
Senator Bloodworth of the 22nd offered the following amendment:
Amend H. B. No. 208 by inserting in next to the last line of section one and immediately after the word church worship, the following "and any church pastorum owned by the church and occupied by it accordingly."
The amendment was adopted.
Senator Brock of the 37th offered the following amendment:
Amend House Bill No. 208 by adding in the first section thereof after the words "buildings erected and used as a college" the words "and lands used in connection with agricultural experiment stations of the State of Georgia or any of its agencies."
The amendment was adopted.
Senator Lester of the 18th offered the following amendment:
Amend House Bill 208 in the following manner:
In the last sentence of the caption thereof, after the words "housing authorities created under authority of the law of Georgia" add the following: "And all property thereof and all property included in housing projects owned by the Federal Government and Federal, State, County or Municipally owned recreational property, packing plants, abattoirs and cemeteries."
At the end of Section 1 of said House bill strike out the period and add the following: "including all property thereof and all property included in housing projects owned by the Federal, State, County or Municipally owned recreational property, packing plants and cemeteries."
The amendment was adopted.
Senator Foster of the 40th 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 as amended.

952

JOURNAL OF THE SENATE,

Senator Harrison of the 17th called for the ayes and nays on the passage of the bill, and the call was sustained.

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

Those voting in the affirmative were:

Ansley Arnall Arnold Atkinson Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Dean Ennis Estes Eubank

Foster Griner Ingram Jones Kennedy Kimbrough Lester Lovett Martin Moore Newton

Those voting in the negative were:

Bacon Byrd Clements Cooper

Dantzler Hall Harrison Kaigler

Oden Peterson Pope Preston Raynor Simmons Terrell Thigpen Whitworth of 30th Williams Forester
Kennon Pittman Stark Whitworth of 38th

Not voting were Senators Fowler, Hampton, Hollis, Millican and Shannon.

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

On the passage of the bill, the ayes were 34, nays 12.

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

By unanimous consent, previously granted, House Bill No. 208 was immediately transmitted to the House.

Senator Atkinson of the 1st moved that the Senate insist on its substitute to the following bill of the House:
HB 601. By Messrs. Harris, Nicholson and Holley of Richmond:
A bill to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.

The motion prevailed and the president appointed as a committee of conference: Senators Lester of the 18th

THURSDAY, ~1ARCH 18, 1943

953

Dean of the 34th Atkinson of the 1st
The following bill was taken up for the purpose of considering the report of a conference committee:
HB 437. By Messrs. Turner, Hubert and Broome of DeKalb: A bill to create a DeKalb county waterworks advisory board; and for other purposes.
The report of the conference committee was as follows:
Mr. President: Mr. Speaker:
Your committee on conference appointed to consider House Bill No. 437, have met and recommend to the Senate and House, the Senate recede from its position and that House Bill No. 437, do pass without Senate amendment.
Respectfully submitted, Senators Dean of the 34th Preston of the 27th Pope of the 7th On the part of the Senate
~fessrs. Broome of DeKalb Hubert of DeKalb Turner of DeKalb
On the part of the House
Senator Dean of the 34th moved that the Senate agree to the report of the conference committee on House Bill No. 437.
On the motion to agree, the ayes were 36, nays 0, and the conference committee report was agreed to.
The following bill was taken up for the purpose of considering the report of a conference committee:
HB 67. A bill to fix the salary of the deputy insurance commissioner of the state; and for other purposes.
The conference committee report was as follows:
Mr. President: Mr. Speaker:
Your Committt'e on conference appointed on behalf of the Senate and of the

954

JOURNAL OF THE SENATE,

House had under consideration House Bill No. 67, and the Committee substitute for such bill of the Senate, and respectfully recommend the following:
First: That the Senate recede from its adoption of the committee substitute to. House Bill No. 67.
Second: That the figures $3,600.00 in Line 3 of Section No. 1 of the House Bill be changed to $4,200.00, and such bill as amended adopted.
Respectfully submitted,
Jack W. Williams G. E. Millican W. M. Lester
On the part of the Senate
D. L. Deal, Bulloch Hoke S. Brunson, Bulloch A. H. Weaver
On the part of the House
Senator Lester of the 18th moved that the Senate agree to the report of the conference committee on House Bill No. 67.
On the motion to agree, the ayes were 36, nays 1, and the conference committee report was agreed to.
Senate Fowler of the 39th asked unanimous consent to be recorded as voting "nay" on the conference committee report, and was so recorded.
Senator Raynor of the 4th moved that the following hill be taken from the table:
HB 162. By Messrs. Thigpen of Glascock and others: A bill to amend section 34-1904 of the code of 1933 by adding a provis0o that candidates must file a petition from not less than five per cent of the registered voters; and for other purposes.
On the motion to take from the table, the ayes were 34, nays 0, and the motion prevailed.
The following resolution was read and taken up for consideration:
SR 75. By Senators Atkinson of the 1st, Terrell of the 19th, Williams of the 5th, and Millican of the 52nd: A resolution that the Governor be requested to negotiate for additional property in immediate vicinity of Capitol; and for other purposes.
On the adoption of the resolution, the ayes were 34, nays 0.

THURSDAY, MARCH 18, 1943

955

The resolution, having received the requisite constitutional majority, was
a~opted.
The following bills and resolutions were read the third time and put upon their passage :
HR 92. By Messrs. Copeland, Smith, Elliott of Muscoggee, and Durden of Dougherty:
A RESOLUTION-Proposing to the qualified voters of the State of Georgia; for ratification or rejection, an amendment to paragraph 1, Section 16, of Article 6 of the Constitution of the State of Georgia, which _determines venue in divorce cases by adding the following at the end of said paragraph: "Provided that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation."
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Upon approval of this resolution in the manner hereinafter provided that paragraph one of section 16, article 6 of the Constitution of the State of Georgia, which appears as Section 2-4301 of the Code of 1933, which reads as follows: "Divorce cases shall be brought in the county where the defendant resides if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides," shall be amended by adding at the end thereof the following: "provided, that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation," so that said paragraph when amended shall read as follows:
"Divorce cases shall be brought in the county where the defendant resides if a resident of this State ; if the defendant be not a resident of this State, then in the county in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation."
Section 2. When said amendment shall be agreed to by two-thirds vote of each House with the "Ayes" and "Nays" thereon entered on their respective journals shall he published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election, at which Constitutional amendments may be voted on, and if adopted the results shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to Constitutional amendments.

956

JOURNAL OF THE SENATE,

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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Cooper Dantzler Dean Ennis

Estes Eubank Forester Foster Fowler Griner Hall Harrison Hollis Kaigler Kennedy Kennon Kimbrough Lester

Lovett Martin Millican Newton Oden Peterson Pittman Preston Raynor Simmons Stark Terrell Whitworth of 30th Whi~orth of 38th

Not voting were Senators Clements, Hampton, Ingram, Jones, Moore, Pope, Shannon, Thigpen and Williams.

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 unanimous consent previously granted, House Resolution No. 92 was immediately transmitted to the House.

Mr. Hollis of the 24th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:

Your Committee on Engrossing have read and examined the following bills andjor 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:

SR 75

Respectfully submitted, M. R. Hollis of 24th district, Chairman.

THURSDAY, MARCH 18, 1943

957

Senator Newton of the 47th asked unanimous consent that the Senate reconsider its action in passing the following bill of the House:
HB 644. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to amend an act of 1943 creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
The consent was grantt>d.
The president recognized in the gallery the civics class of Washington Seminary.
The following bills and resolutions were read the third time and put upon their passage :
HR 58. By Mr. Burnside of McDuffie:
A RESOLUTION-To propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of the State of Georgia (1933 Code, Section 2-6901), relating, among other things, to the consolidation of local school districts; so as to provide that where one school district voting on consolidation shall have outstanding any bonds and another school district voting thereon has no outstanding bond~, a majority only of those voting in such district having such bonds shall be sufficient to carry such election in that particular district, while twothirds of the qualified voters shall be required as to the district having no such outstanding bonds; and so as to provide that upon such consolidation, the consolidated district shall possess and retain any and all taxing powers that may have existed in either of such districts, but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor.
Section 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME that Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia ( 1933 Code, Section 2-6901), relating, among other things, to the consolidation of local school districts, be and the same is hereby amended by adding at the end of said section the following:
"Provided further, that where one of such local school districts voting on consolidation shall have outstanding any bonds and another school district voting thereon has no Qutstanding bonds, a majority only of those voting in such district having such bonds ,shall be sufficient to carry such election in that particular district, while two-thirds of the qualified voters shall be required as to the district having no such outstanding bonds; and upon such consolidation, the consolidated district shall possess and retain any and all taxing powers that may have existed in either of such districts, but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor.

958

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 hous~, 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 of Article 8, Section 4, Paragraph 1, of the Constitution providing for consolidation of local school districts where bonds have been voted," 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 8, Section 4, Paragraph 1, of the Constitution providing for consolidation of local school districts where bonds have been voted." 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 8, Section 4, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. That all laws and parts of laws in conflict with this Act be and they 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:

Ansley Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Clements Cooper Dantzler Ennis Eubank

Forester Foster Fowler Griner Hall Harrison Hollis Ingram Kaigler Kennon Kimbrough Lester

Martin Millican Peterson Pittman Pope Preston Raynor Simmons Terrell Whitworth of 30th Whitworth of 38th Williams

Those voting in the negative were:

Byrd

Lovett

Estes

Stark

THURSDAY, MARCH 18, 1943

959

Not voting were Senators Arnall, Dean, Hampton, Jones, Kennedy, Moore, Newton, Shannon, and Thigpen.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 4.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
By unanimous consent, previously granted, HR 58 was immediately transmitted to the House.
HB 528. By Mr. Mixon of Irwin, and others: A bill to amend section 68-623 of the code of 1933, to provide the amount of compensation paid to members of the public service commission from fees derived from registration of motor common carriers shall be changed; and for other purposes.
Senator Lester of the 18th and Eubank of the 29th offered the following amendment:
Amend House Bill No. 528 by striking the figures one hundred and seventy-five ($175.00) dollars in the twenty-first line of Section marked 68-623 and substituting in lieu thereof the word seventy-five ($75.00) dollars.
The amendment was adopted.
Senator Ingram of the 51st 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 as amended.
On the passage of the bill, the ayes were 37, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
By unanimous consent, previously granted, HB 528 was immediately transmitted to the House.
Senator Fowler of the 39th asked unanimous consent to be recorded as voting "nay" on HB 528 and was so recorded.
HR 119. By Messrs. Rossee of Putnam and Crummey of Wilcox: A resolution authorizing the commissioner of agriculture to promulgate rules and regulations relative to textile and paper shipping bags in conformity with orders of the war production board; and for other purposes.

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JOURNAL OF THE SENATE,

The Committee on State of Republic offered the following substitute:
A RESOLUTION
Whereas, it is represented to the General Assembly of Georgia that the War Production Board has issued an order in conflict with the laws of Georgia relating to shipping bags used for merchandise ; the following resolution is adopted in an effort to cooperate with the War Production Board.

Therefore, be it hereby resolved by the House of Representatives, the Senate concurring, that the Commissioner of Agriculture, State of Georgia, shall have power and authority to suspend any law of the State administered by the Department of Agriculture, relative to the weight, capacity and content of merchandise shipping bags that may be in conflict with the orders, rules or regulations of the War Production Board. This resolution shall be effective during the present national emergency.

The substitute was adopted.

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 28, nays 0.

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

By unanimous consent, previously granted, HR 119 was immediately transmitted to the House.

Senator Stark of the 33rd moved that the Senate do now recess at 12:15 p. m., and reconvene at 1 o'clock, and the motion prevailed.

The Senate reconvened at 1 o'clock.

The following communication from His Excellency, the Governor, was read by the secretary:

Ellis Arnall Governor

State of Georgia Executive Department
Atlanta

M. E. Thompson Executive Secretary
March 18, 1943.

To the General Assembly of Georgia:
House Resolution Np. 149 was transmitted to the Executive Department on the 15th day of March, 1943, after duly passing the House and Senate.

THURSDAY, MARCH 18, 1943

961

This Resolution proposes an amendment to the Constitution so as to authorize the City of Cordele, Crisp County, or either of them to enter into contracts with each other or with a hospital authority without the necessity of an election and irrespective of the debt limitation provision of the constitution, and to levy and collect taxes for the purpose of complying with such contracts, and for other purposes.
On March 17, 1943, I received the following communication from Honorable Wendell Horne and Senator Sam C. Byrd:
Dear Governor Arnall: After the Legislature convened, the County Commissioners of Crisp County
requested us to introduce Legislation with reference to the "Hospital Authorities' Act."
In response to this request, a Resolution was introduced in the House to correct a technical defect as to Counties and Cities entering into contracts with Hospital Authorities for definite and fixed obligations or liabilities.
However, because of some misunderstanding of the people, objection to said Resolution was expressed. A mass meeting was held March 12, 1943, in Cordele, public invited, and a motion was made to request the Governor not to sign the Resolution until the people have had ample opportunity to express and voice their views.
Therefore, since we do not have time to determine what the will of the majority of the people is, we, the representatives of the people of Crisp County, request that you do not sign House Resolution No. 149-600-D.
Respectfully yours,
Senator Sam C. Byrd. Wendell Horne, Representative, Crisp County.
In compliance with the above request of the author of said resolution which has the concurrence of the Senator of the distric~ in which Crisp County is located and in a spirit of cooperation with the members of the General Assembly, I am returning herewith House Resolution 149 which I have vetoed this 18th day of March, 1943.
Respectfully submitted,
Ellis Arnall, Governor.
The following bills and resolutions were read the third time and put upon their passage:
HB 606. By Mr. Mims of Miller:

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JOURNAL OF THE SENATE,

A bill to amend section 114-101 of the code of 1933, to provide that all state, county and municipal employees shall be placed under the workman's compensation act; and for other purposes.
The Committee on Industrial Relations offered the following amendment:
Amend House Bill No. 606 by inserting in the caption the words "to provide that the provisions of this Act so far as concerns the State of Georgia, and all departments thereof shall include all compensible accidents which occurred on, before, or after February 1, 1943; to ratify and confirm any and all payments heretofore made by any department of the State of Georgia under the terms of the Workmen's Compensation Law and to provide for the continued payment of all awards heretofore made which have been discontinued by reason of the said State not being included in the definition "Employer" in the original Act, to provide that if any Section of this Act is declared to be unconstitutional, the remainder shall not be affected;" just before the words "and for other purposes;" and by adding a new Section immediately after Section 1, to be appropriately numbered and to be known as Code Section 114-101A of the Georgia Code of 1933, which said Se~:tinn shall read as follows:
"Section 2. That a new Section be added to the Georgia Code of 1933 immediately following Section 114-101, to be known as Section 114-IOIA which said new Section shall read as follows:
Section 114-lOlA. So far as concerns the State of Georgia or any department thereof which has been operating under the terms of the Workman's Compensation Law, said State and such departments thereof shall be deemed to have been included in the original Act under definition of "Employer." Any payments heretofore made under awards of the Industrial Board to State Employees are hereby ratified and confirmed and any payments of awards which were being made by the State or any of its departments on or before February l, 1943, but discontinued on account of the State and its departments not being included in any definition of "Employer'' shall be resumed as of the date of discontinuance, and compensible accidents which occurred prior to the passage of this Act for which awards were not made but for which awards are hereafter made, shall be paid by said State or the Departments thereof in the same manner as other awards heretofore or hereafter made.
By inserting a new paragraph to be appropriately numbered and to read as follows:
Section 3. Shatild any portion of this Act be declared unconstitutional such declaration shall not void the remainder of this Act, but such portions as are not specifically declared to be unconstitutional shall continue in full force.
The amendment was adopted.
Senator Harrison of the 17th called for the previous question and the call was sustained.

THURSDAY, MARCH 18, 1943

963

The report cf the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By unanimous consent, previously granted, HB 606 was immediately transmitted to the House.
HB 125. By Messrs. Daves of Dooly, and others: A bill to amend the state health laws creating county boards of health and to provide for payment of expenses of county health departments; and for other purposes.
Senator Lovett of the 16th offered the following amendment:
To amend HB 125 to provide that nothing in this act shall repeal or be construed to conflict with any power and authority now vested in the Commissioner of Agriculture, by the laws of the State of Georgia.
The amendment was adopted.
Senators Millican of the 52nd and Dean of the 34th offered the following amendment:
By inserting, after Section 8 of said bill, a new Section to be known as Section 9 thereof and renumbering Sections 9 and 10 as now written, said new Section 9 to read as follows :
Section 9. Be it further enacted that the provisions of this Act shall not apply to or affect any County having within its limits, in whole or in part, a city with a population of not less than 200,000 inhabitants by the 1940 Census or any future Census, until and unless the Mayor and General Council or other governing body of such city, and the Board of Commissioners of Roads and Revenues or other governing body of the Counties in which such city is located, in whole or in part, shall by appropriate resolution or ordinance declare this Act to be effective within such Counties.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed :t~ amended.

964

JOURNAL OF THE SENATE,

By unanimous consent, previously granted, HB 125 was immediately transmitted to the House.
Senator Griner of the 45th moved that the Senate insist on its amendment to the following bill of the House and that a conference committee be appointed:
HB 258. By Mr. Fortson of Wilkes: A bill to provide that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.
The motion prevailed and the president appointed as a committee of conference:
Senators Millican of the 52nd Griner of the 45th Ansley of the lOth
The following bills were read the third time and put upon their passage:
HB 337. By Messrs. McCracken of Jefferson, and others: A bill to provide that hunting and fishing licenses shall be issued and sold by the state revenue commissioner or his designated agent or agents; and for other purposes.
Senator Lovett of the 16th 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, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, previously granted, HB 337 was immediately transmitted to the House.
HB 286. By Messrs. Harden of Turner and Harris of Richmond: A bill to amend an act approved March 15, 1935, providing for license to disabled veterans so as to include veterans of the present war; and for other purposes.
The Committee on Finance offered the following substitute:
A BILL
To be entitled An Act to amend An Act approved March 15, 1935 (Georgia Laws 1935, pages 163-166) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disability veterans license; to establish rules of eligibility for certificates

THURSDAY, MARCH IS, I943

965

of exemption from the payment of such license tax; to make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veteran shall receive a certificate of exemption for the operation of more than one place of business; t'l restrict and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty for the violation of this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, That an Act approved March 15, I935 {Georgia Laws 1935, pages 163-I66) providing rules of eligibility for applicants for disabled veterans' license and for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disabled veterans license be, and the same is, hereby amended as follows:
Section 1. By striking the word "federal" appearing in the second clause in the first sentence of said Section I and inserting in lieu thereof the word "state."
Section 2. By further amending Section I of said Act by striking the period appearing at the end of the first sentence and inserting in lieu thereof a semicolon; and adding immediately following said semicolon the following clause:
".... or that some part of his, or her, service was rendered between December 7, I94I, and that date which is fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis powers."
So that said Section 1 of said Act when amended will read as follows:
"Section 1. Provided further that no veteran shall be entitled to a license to peddle or conduct business under this Section until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from a physical handicap disabling to the extent of twenty-five per centum, or more; that the total income of such veteran is such that he is not liable for the payment of State income tax; and that his services, or some part thereof, was rendered during a war period as defined by an Act of the Congress of the United States approved March 20th, 1933, entitled 'An Act to Maintain the Credit of the United States' and commonly known as Public No. 2, 73rd Congress; or that some part of his, or her, service was rendered between December 7, I941, and that date which is fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis Powers. Proof of such twenty-five per cent (25) disability before the Ordinaries shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability.
Section 3. All veterans eligible for a veterans' certificate of exemption to be issued by the State Revenue Commissioner shall state in their application filed with the State Revenue Commissioner the kind of business to be operated and the place where such business is proposed to be carried on, and only the business described ;n

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JOURNAL OF THE SENATE,

the application shall be exempted from the payment of State, county and municipal taxes, and no veteran shall operate in his own name any other business than that described in his application filed with the State Revenue Commissioner as herein provided.
Section 4. Any veteran receiving a certificate of exemption from the State Revenue Commissioner shall not allow the use of his name or the use of his certificate by any other person for carrying on any business or profession in this State for the purpose of avoiding any tax levied by the State or any county or municipality in this State, and any veteran allowing his certificate of exemption to be used in violation of this provision shall be subject to having his certificate cancelled by the State Revenue Commissioner; and any person attempting to operate any business or profession under a veterans' certificate of exemption who is not the true and lawful holder of such certificate sh~.ll be guilty of a misdemeanor and shall, upon conviction, be punished as for a misdemeanor.
Section 5. Be it further enacted by the authority aforesaid that the State Rev~ nue Commissioner, upon request of the Mayor or other executive officer of municipalities of this State, shall furnish such municipalities of this State with information as to the payment of income taxes by applicants for veterans' exemption under the terms of this bill and further provided that before such applicant shall receive such exemption, he shall be required to make an affidavit before the Ordinary that he is not subject nor pays any income taxes to the State of Georgia.
Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill 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 unanimous consent, previously granted, HB 286 was immediately transmitted to the House.
The following bill was taken up for the purpose of considering the report of a committee on conterence:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to amend the unemployment compensation law by clarifying the terms of said act as amended by providing for the succession of the experience rating of an employer; and for other purposes.

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967

The conference committee report was as follows:
Mr. President:
Mr. Speaker: Your Committee on Conference on H. B. No. 251 having had under considera-
tion the differences between the House and Senate relative thereto do make the following recommendation:
1. That the Senate recede from its position.
2. That the House recede from its position.
3. That the Senate and House adopt a substitute for said bill, said substitute being attached hento and being identified as "Conference Committee Substitute for House Bill No. 2.51."
Respectfully submitted, Millican of 52nd Arnall of 26th Estes of 35th
On the part of the Senate
.Tack B. Ray of Warren Kendrick of Fulton Elliott of lVI uscogee
On the part of the House
The Conference Committee substitute was as follows:
AN ACT
To be an act 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, and as further amended by an Act approved March 21, 1941, to clarify the terms of said Act as amended and to provide for the succession of the employment benefit experience record of :111 employer; 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 of the General Assembly of Georgia known and designated as the "Unemployment Compensation Law" approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1921, be and the same is hereby amended as follows, to wit:
Section 1. By adding to sub-section (c) (7) (iv) of Section 7 the following:
"Provided, however, that any corporation, partnership, individual or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business or assets thereof, of any employer and who thereafter continues

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such at:quired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7 of this Act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is already an employer at the timr~ of such acquisition, the rate of contribution already assigned to him shall continue to be applicable until the time hereinafter stipulated. If he is not an employer at the time of such acquisition, the predecessor's rate shall continue to apply to the successor unit until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience records of the predecessor and successor as of June 30 of the calendar year preceding the date of acquisition, subject to the provisions of sub-section 6(i) hereof, which rate shall be applicable to the successor from the first day of such calendar quarter until next effective date of contribution rates. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor err.ployer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience record. The Commissioner shall prescribe by regulation the notice to be given of such acquisition,"
so that sub-section (c) ( 7) (iv) of Section 7, when amended, shall read as follows:
"The term 'computation date' means December 31, 1941, with respect to rate> 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 calenpar year thereafter. Provided, however, that any corporation, partnership, individual, or other legal entity, who a~quires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafte.r, continues such acquired bu~iness shall be deemed to be a successor to the predecessor from whom such business was acquired for purpose of Section 7 of this Act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor unit shall continue to be applicable to the successor as to contributions payable based on wages of employees of such acquired unit only, until the time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the separate rates of contributions applicable at such time to the predecessor and successor continue to be applicable to the successor until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience record of the predecessor and successor subject to the pro-

THURSDAY, MARCH 18, 1943

969

v1s1ons of sub-section 6(i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition."
Section 2. The provisions of this Act shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets thereof, from his predecessor prior or subsequent to the effective date of this Act.
Section 3. As regards the rates of contribution, the provisions of this Act shall become effective as of January 1, 1942, and shall apply to all contributions thereafter payable by an employer affected hereby, as respects business previously or thereafter acquired; however, neither this section, nor any other section of this Act shall be construed 'to authorize or require the refund of any sums lawfully paid into the trust fund created by Section 9 (a) of the original Act, or to otherwise use any of the same except to pay unemployment compensation benefits.
Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are repealed.
Senator Millican of the 52nd moved that the Senate adopt the conference committee report.
On the motion to adopt the conference committee report, the ayes were 29, nays 0, and the conference committee report was adopted.
The following bills and resolutions were read the third time and put upon their passage:
HR 146,, By Messrs. Grayson of Chatham and Durden of Dougherty:
A RESOLUTION
Proposing to the People of Georgia that Article III, Section VII, of the Constitution of Georgia be amended by providing that neither the State 'of Georgia, nor any political subdivision thereof, shall originate or maintain any civil service scheme which fails to provide for honorably discharged veterans of any war and to require the said State of Georgia and the political subdivisions thereof to provide equal preferences accorded to veterans of all wars as provided by Federal Civil Service Laws; and for othe; purposes.
Be it Resolved by the General Assembly of Georgia:
Section l. That the General Assembly of Georgia proposes to the people of

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Georgia that Article III, Section VII, of the Constitution of Georgia be amended by adding thereto a new paragraph to be known as Paragraph XXVI, which will read as follows:

"Neither the State of Georgia, nor any political subdivision thereof, shall inaugurate or maintain any civil service scheme of any nature whatever which fails to provide for honorably discharged veterans of any war, and the said State of Georgia, or any political subdivision shall, if a civil service scheme is originated or is already in force, shall provide equal preferences accorded to such veterans as now exist under Fedei al Civil Service Laws."

Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses in the General Assembly, the same shall be entered upon 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 an 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:

Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd Boyett Brock Byrd Clements Cooper Dantzler Dean

Estes Eubanks Forester Foster Hall Harrison Jones Kaigler Kennon Kimbrough Lester Lovett

Martin Newton Oden Peterson Pittman Pope Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Ansley, Ennis, Fowler, Griner, Hampton, Hollis, Ingram, Kennedy, Millican, Moore, Preston, Raynor, Shannon and Thigpen.

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.

THURSDAY, MARCH 18, 1943

971

By unanimous consent previously granted, HR 146 was immediately transmitted to the House.
HB 220. By Messrs. Key of Jasper and others: A bill to amend section 97-202 and section 97-302 of the code of 1933, relative to the authority of the secretary of the state to employ examiners and to issue licenses or permits for the sale of securities to an issuer; and for other purposes.
Senator Jones of the 3rd offered the following amendment:
Amend HB 220 by adding at the end of section 1, the following proviso: "Provided, however, that the salary of the Chief Examiner shall not exceed Three Hundred and Fifty ($350.00) Dollars per month".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
By unanimous consent, previously granted, HB 220 was immediately transmitted to the House.
The following message was received from the House through Mr. McCutchen, the Clerk: thereof:
Mr. President: The House has passed by substitute by the requisite constitutional majority
the following bills of the Senate to wit:
SB 174. By Senator Gross of the 31st: A bill to amend section 73-216 of the code of 1933 relative to the sulphur content of gasoline by striking therefrom the figures "0.10" and inserting in lieu thereof the figures "0.25", and by striking out the words "United States Government Bureau of Mines", in the last paragraph, and inserting in lieu thereof the words "Federal Specification Board"; and for other purposes.
The House insists on its position to the following bill of the House to wit:
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to require all applicants for divorce in the Richmond county superior court to deposit with the clerk: of said court, before the filing of such appli-

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JOURNAL OF THE SENATE,

cant's petitiOn for divorce, the sum of fifteen ($15.00) dollars as costs deposit instead of six ($6.00); and for other purposes.
And the speaker has appointed as a conference committee on the part of thl" House the following members of the House to wit:
Messrs. Nicholson of Richmond Hubert of DeKalb Etheridge of Fulton
The House has adopted the report of the conference committee to the following bills of the House, to wit:
HB 11. By Messrs. McCracken of J e:fferson, Phillips of Columbia, Thurmond of Hall and others: A bill to establish a teachers retirement system of Georgia; and for other purposes.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to establish for DeKalb county a county waterworks advisory board; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th and others: A bill to amend existing laws relative to general elections to provide for a general election to be known as the August general election, to be held biennially on Tuesday after the first Monday in August, beginning in 1943; and for other purposes.
The House amendment was as follows:
By Messrs. Smith of Carroll and Caldwell of Troup:
Amend SB 145 by adding at the end of Section 2 thereof the following:
"Provided, however, that nothing contained in this bill shall require any Solicitor General, or Solicitor of any City Court, who has been appointed within six month,; prior to the approval of this bill to run in the first election held under the provisions of this bill".
Senator Gross of the 31st moved that the Senate disagree to the House amend. ment to SB 145, and the motion prevailed.
The following bills were read the third time and put upon their passage:
HB 391. By Messrs. Weaver of Bibb and others:

THURSDAY, MARCH 18, 1943

973

A bill to authorize administrators, executors or other trustees to convey rights of way and easements to the United States, the State of Georgia, ur any sub-division or department thereof, or to any person, firm or corporation having the right to eminent domain; and for other purposes.
Senator Raynor of the 4th called for the previous question and the call w;;s .sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, previously granted, HB 391 was immediately transmitted to the House.
HB 556. By Mr. McCracken of Jefferson and others: A bill to amend section 92-201 of the code of 1933 to provide that profit or income which may be received by institutions and used for purely charitable purposes shall be exempt; and for other purposes.
The report 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 unanimous consent previously granted, HB 556 was immediately transmitted d:o the House.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has agreed to the Senate amendment to the following bills and
resolution of the House to wit:
HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne: A bill to amend section 97-202 of the code of 1933 with reference to the authority of the secretary of state to employ examiners in the securities division of his department; and for other purposes.
_HB 392. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relative to mayor administering oaths of office; and for other pllrposes.

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JOURNAL OF THE SENATE,

HR 20. By Mr. Etheridge of Fulton: A resolution to appropriate funds for the payment to the American Coolair Corporation for goods sold the state; and for other purposes.
The following bill was read the third time and put upon its passage:
HB 596. By Mr. Smith of Dougherty: A bill to amend the motor fuel tax law by striking sub-paragraph 3, of paragraph D of Section 92-1403, which exempted the federal government from paying the motor fuel tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, previously granted, HB 596 was immediately transmitted to the House.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 174. By Senator Gross of the 31st: A bill to amend section 73-216 of the code of 1933 sub-section 3, relative to the sulphur content of gasoline, by striking therefrom the figures "0.10" and inserting in lieu thereof the figures "0.25", and by striking out the words "United States Government Bureau of Mines", in the last paragraph, and inserting in lieu thereof the words "Federal Specifications Board"; and for other purposes.
The House substitute was as follows:
Mr. Durden of Dougherty offers as a substitute for SB 174 by Gross of the 31st district, the following bill:
A BILL
To be entitled an Act to amend Section 73-216 of the Code of Georgia '.lf 1933, relating to the specifications for the sale of gasoline and kerosene in the State of Georgia, by adding to said Code Section a provision that such specifications may, during the period of the war emergency, be changed bj the order of the Commissioner of Revenue; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is hereby added to Section 73-216 of the Code of Georgia of 1933 a new sub-paragraph to read as follows:

THURSDAY, MARCH 18, 1943

975

"Provided that the Commissioner of Revenue under the advice of the State Oil Chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other States and with the government of the United States during the period of the war emergency, and further provided that the Commissioner of Revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The Commissioner of Revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised in each county of the State once a week for the two calendar weeks next preceding the effective date of such change as set forth in such notice of such change", so that said section a:> amended shall read as follows:
"73-216. Test of gasoline and oils; specifications; change of specifications.-No manufacturer, refiner, vendor, jobber, or wholesaler shall sell, or expose or offer for sale, any gasoline for heating power or power purposes, which shall not comply with the following distillation test:
1. Corrosion test. A clean copper strip shall not be discolored when submerged in the gasoline for three hours at 122 degrees F.
2. Distillation. When the first drop falls from the end of the condenser, the ther-
mometer shall not read more than 55 degrees C. ( 131 degrees F.)
When 20 per cent has been recovered in the receiver, the thermometer shall not read more than 105 degrees C. (221 degrees F.).
When 50 per cent has been recovered in the receiver, the thermometer shall not read more than 140 degrees C. (284 degrees F.).
When 90 per cent has been recovered in the receiver, the thermometer shall not read more than 200 degrees C. (392 degrees F.).
The end point shall not be higher than 225 degrees C. (437 degrees F.).
At least 95 per cent shall be recovered as distillate in the receiver from the distillation.
3. Sulphur. Sulphur shall not be over 0.10 per cent. All the foregoing test shall be made in accordance with the methods for testing gasoline contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior.
No manufacturer, jobber, wholesaler, or vendor shall sell, offer, or expose for sale any kerosene oil for use or intended to be used for heating, cooking, or power purposes, which shall not comply fully with the foTiowing distillation test:

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1. Color. The color shall not be darker than No. 16 Saybolt.
2. Flash point. The flash point shall not be lower than 100 degrees F.
3. Sulphur. The sulphur shall not be more than 0.125%.
4. Flock. The flock test shall be negative.
5. Distillation. The end point shall not be higher than 625 degrees F.
6. Cloud point. The oil shall not show a cloud at 5 degrees F.
7. Burning test. The oil shall burn freely and steadily for 16 hours, in a lamp fitted with a No. 2 hinge burner.
All of the foregoing tests for kerosene shall be made according to the methods for testing kerosene contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior:
Provided, that the Comptroller General may from time to time change these specifications to agree with those adopted and promulgated by the United States Government Bureau of Mines: Provided further, that 60 days' notice shall be given all manufacturers, refiners, and jobbers doing business in this State, before any such changes shall become effective.
Provided that the Commissioner of Revenue under the advice of the State Oil Chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other States and with the government of the United States during the period of the war emergency, and further provided that the Commissioner of Revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. Th:! commissioner of Revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised ia each county of the State once a week for the two calendar weeks next preceding the effective date of such change as set forth in such notice of such change."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
Senator Gross of the 31st moved that the Senate disagree to the House substitute to SB 174 and that a committee of conference be appointed. The motion prevailed.
The president appointed as a committee of confernce:
Senators: Millican of the 52nd Ansley of the lOth Arnold of the 26th

THURSDAY, MARCH 18, 1943

977

The president, recognized in the gallery the ninth grade class of Bass Jr. High School with Mrs. Hogan, teacher.

The following bills and resolutions were read the third time and put upon their passage:
HR 103. By Messrs. Weaver of Bibb and others:
A resolution to provide for the funeral expenses incurred by the widow of Fred Black, Jr., a state patrolman killed in line of duty, to be paid by the State; and for other purposes.

Senator Pittman of the 42nd called for the previous question and the call was sustained.

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 m the affirmative were Senators:

Arnall Arnold Atkinson Bacon Bloodworth of 22nd Bloodworth of 23rd

Estes Eubank Forester Griner Foster Hall

Boyett

Harrison

Brock

Ingram

Byrd Clements Cooper

Jones Kaigler Kennon

Dantzler

Kimbrough

Dean Ennis

Lovett Martin

Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Ansley, Fowler, Hampton, Hollis, Kennedy, Lester, Millican, Moore and Shannon.

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.

By unanimous consent, previously granted, HR 103 was immediately transmitted to the House.

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JOURNAL OF THE SENATE,

HR 157. By Messrs. Harris of Richmond and Durden of Dougherty: A resolution to authorize the revenue commissioner to order the use of stamps, labels, or other indication of payment of tax on malt beverages due to shortage of material used for crowns and lids; and for other purposes.
Senator Pittman of the 42nd called for the previous question and the call was sustained.
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 unanimous consent, previously granted, HR 157 was immediately transmitted to the House.
HB 553. By Mr. McCracken of Jefferson and others: A bill to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
Senator Pittman of the 42nd 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, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, previously granted, HB 553 was immediately transmitted to the House.
The following privileged resolution was read by the secretary and adopted:
A PRIVYLEDGED RESOLUTION
WHEREAS: For the past 65 days the members of the working, question mark, press have been struggling to fathom the unfathomable meanings, nuances and innuendos in all the "whereases" and "hereinbefores" of bills completely confusing the said press, and,
WHEREAS: The 257 members of the Georgia General Assembly have been

THURSDAY, MARCH 18, 1943

979

most patient, courteous and considerate in explaining to the press the purpose, intent and meaning of their bills, resolutions, reports and petitions, and,
WHEREAS: The solons {ask Rep. Elliott for definition) also have rendered additional valuable aid by furnishing press copies of their bills, thus saving the original bills from complete destruction in the mad scramble of competing news papers and wire services for the bill first, and,
WHEREAS: The said General Assembly is about to adjourn sine die but with full intention of coming back in special session to continue the above referred to process of introducing unfathomable bills and discussing them at length over raucous loudspeakers (Rep. Guyton excepted) now,
THEREFORE BE IT DESOLVED: By the press table, the House and Senate demurring, that the members of the press to the members of the General Assembly their admiration for the eloquency which has flowed so fluidly on the floors of both Houses, and for the few quotable remarks which have made headlines;
BE IT FURTHER RESOLVED: That, the General Assembly follow the example of the press table by having at least 30 per cent of its members of the feminine sex, young and pulchritudinous, i. e. sweater _girls, and
BE IT FURTHER RESOLVED: That the members of the press thank the gentlemen from Rabun Gap to Tybee Light (Shakespeare) for confining their criticism of the press to the "big bosses" or the "higher ups" and to one or less Atlanta newspapers, the little leg boys and girls understanding that the most cordial relationship exists between the working press and the legislating solons.
SIGNED:
THE PULITZER COMMITTEE ON AWARD OF THE TROPHY FOR COMPOSING THE BEST RESOLUTION OF THE YEAR.
The following proclamation was read by the secretary:
By Senator Simmons of the 8th:
A PRCLAMATION
WHEREAS, The Constitution of the State of Georgia provides for the convocation of the Legislative Branch of the State Government in Extraordinary Session under conditions of emergency, and
WHE:REAS, Under the stress of continued labors and cares of everyday business the Constitution of Mankind creates a condition of emergency from which relief is desirable in the interest of human welfare-
NOW, THEREFORE, By virtue of the authority vested in me by Mother
Nature to crave the Companionship and Good Fellowship of my colleagues I, J. M.
Simmons, .Senator representing the Eighth Senatorial District of Georgia, do issue this, my Proclamation, convoking the Georgia State Senate in Extraordinary Session,

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JOURNAL OF THE SENATE,

1:0 meet at Simmons Lodge, near Panacea Springs, Florida, and adjacent to the Guif -of Mexico, in the very near future, the exact date to be given to each and every member of this august body-the extraordinary session to be for a period of whatever number of days is necessary for the consideration only of the following business:
1. Good Fellowship and social intermingling.
2. Depleting to some extent the overstocked condition of the Atlantic Ocean and some of its tributaries of the finny tribe.
3. Such inspection and visitation of the Capitol of the State of Florida as may be -desired.
4. Examination and test of the available golf links by a committee to be composed of those who may so desire.
5. Reminiscences and personal exchanges in the quietude of the forests surrounding Simmons Lodge, under the illumination of the blue moon.
IT IS FURTHER ORDERED AND DIRECTED, That you lay aside all -business cares and worries, pack the best of your Good Fellowship in your grip of Personal Association, and fail not to respond to this Proclamation under penalty of the loss of "A Good Time."
GIVEN UNDER MY HAND AND THE GREAT SEAL OF HUMAN LOVE, this EIGHTEENTH day of MARCH in the Year of Our Lord Nineteen Hundred and Forty Three.
J. M. Simmons, Senator, 8th District.
The following resolution was read and unanimously adopted:
By the president and every member of the Senate:
A RESOLUTION
WHEREAS, the Constitution of the State of Georgia provides for the convocation of the Legislative Branch of the State Government in Extraordinary Session under conditions of emergency, and
WHEREAS, the distinguished Senator of the Eighth Senatorial District has, by proclamation, shown to the satisfaction of the members of the Senate that certain -conditions of emergency do exist, and
WHEREAS, the members of the State Senate are unanimous in their opinion that they should respond to the proclamation of the Senator from the Eighth Sena torial District.
THEREFORE, BE IT RESOLVED, that the Senate unanimously accept the invitation of the Senator from the Eighth Senatorial District to convene in extraordinary session at Simmons Lodge, near Panacea, Florida, adjacent to the Gulf of Mexico, on the dates to be specified by the distinguished Senator, and

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981

BE IT FURTHER RESOLVED, that each and every member of the Senate, beginning at the present time, start making the necessary arrangements to lay aside all other matters of business and pleasure whereby it will be possible that the Senate can convene in extraordinary session at Simmons Lodge without any member being absent.
BE IT FURTHER RESOLVED, that notice be given to the Secretary of the Senate and his assistants, as well as other officers of the Senate, that the affairs of this extraordinary session cannot be satisfactorily carried out unless they also be on hand as invited by the Senator from the Eighth.
BE IT FURTHER RESOLVED, that a copy of this resolution be furnished to the distinguished Senator from the Eighth in order that he will be thoroughly aware that the entire membership of the Senate and the officers thereof have accepted his gracious invitation, and for him to govern himself accordingly.
The following message was received from the House through Mr. McCutchen, the Clerk thereof :
Mr. President: The House has adopted the report of the conference committee to th~ following
resolution of the Senate to wit:
SR 31. By Senators Lovett of the 16th, Ansley of the lOth and others:
A resolution proposing an amendment to article 3, section 9, paragraph 1, of the constitution to provide that members of the General Assembly shall receive $600.00 as full compensation for a legislative session; and for other purposes.
The House has adopted the reports of the conference committees of the following bills of the House to wit:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia; and others: A bill to create and establish a board to be known as agricultural and indu~ trial board of Georgia; and for other purposes.
HB 251:. By Messrs. Hand of Mitchell, Kendrick of Fulton:
A bill to amend the unemployment compensation law by clarifying the terms and by providing for the succession of the experience rating of an ~mployer; and for other purposes.
HB 258. By Mr. Fortson of Wilkes:
A bill to amend chapter 68-2 of the code of 1933 by providing that motor v~hicle licenses shall be purchased before April first of each year; and for .other purposes.

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HB 601. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to require in Richmond county all applicants for divorce in the superior court to deposit with the clerk of said court, before the filing of such applicant's petition for divorce, the sum of fifteen ($15.00) dollars as costs deposit instead of six dollars ($6.00) ; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 96. By Senators Atkinson of the 1st, Pope of the 7th and others: A bill to repeal section 34-1302 of the code relating to elections; to provide for time for holding primary elections; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to wit:
HB 528. By Messrs. Mixon of Irwin, Cates of Burke and others: A bill to amend section 68-623 of the code of 1933 relating to annual registration by motor common carriers; changing the amount of compensation paid to the members of public service commission out of fees derived from this source; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House to wit:
HB 407. By Mr. Chance of Twiggs: A bill to protect and preserve timber lands and natural resources, to prevent forest fires, to make it the duty of the highway board to require maintenance patrolmen to burn shoulders of highways under state supervision; and fl)r other purposes.
The House has adopted the report of committee of conference on the following bill of the Senate to wit:
SB 43. By Senator Millican of the 52nd: A bill to authorize superior courts of the state to hear and determine time and place of birth of persons; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House to wit:
HB 286. By Messrs. Harden of Turner and Harris of Richmond: A bill to amend an act providing for the issuance of certificates of exemption from the payment of peddlers' and business license tax to holders of disabled veterans' license; to make veterans of the present war eligible for

THURSDAY, MARCH 18, 1943

983

business tax exemptions along with veterans of the first world war; and for other purposes.
The House has agreed to the Senate amendment as amended to the following bill of the House to wit:
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether and Weaver of Bibb: A bill to amend the state health laws by creating a board of health in each county; and for other purposes.
The House insists on its substitute to the following bill of the Senate to wit:
SB 174. By Senator Gross of the 31st: A bill to amend section 73-216 of the 1933 code, subsection 3, so as to change certain figures and words relative to the sulphur content of gasoline; and for other purposes.
The speaker has appointed as a committee of conference on the part of the House the following members of the House to wit:
Messrs. Key of Jasper Littlejohn of Floyd Gardner of Mitchell.
The House recedes from its position on its amendment to the following bill of the Senate, to wit:
SB 145. By Senator Gross of the 31st and others: A bill to establish a state-wide general election in addition to those elections now provided for under existing laws; to provide how and when held; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House to wit:
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn, and others: A bill to authorize, and provide the effect of, recording certified copies of recorded instruments; and for other purposes.
The House h~s agreed to the Senate amendment to the following bill of the House to wit:
HB 513. By Mr. Gowen of Glynn: A bill to amend the acts of the General Assembly so as to require the department of public health to issue a certificate of birth showing the birth place

984

JOURNAL OF THE SENATE,

of the child to be the place of residence of the parents by adoption, or theresidence of the child; and for other purposes.
The following bill was taken up for the purpose of considering a conference committee report:
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.
The report of the committee of conference was as follows:
Mr. President:
Mr. Speaker: Your committee on Conference on HB 601 having had under consideration the
difference between the House and the Senate relative thereto do make the following recommendation:
1. That the Senate recede from its position.
2. That the House recede from its position.
3. That the Senate and House adopt a substitute for said bill, said substitute being attached hereto and being identified as "Conference Committee Substitute for HB 601."
Respectfully submitted,
Lester of 18th Atkinson of 1st Dean of 34th
On the part of the Senate
Geo. C. Nicholson of Richmond H. 0. Hubert of DeKalb Paul S. Etheridge, Jr. of Fulton
On the part of the House.
The conference committee substitute was as follows:
A BILL
To be entitled an act to amend code section 24-3406, of the Georgia code of 1933, fixing the deposits of costs required in divorce cases so as to increase the deposits in certain counties from Six ($6.00) Dollars to Fifteen ($15.00) Dollars, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

THURSDAY, MARCH 18, 1943

985

Section 1. That from and after the passage of this act code section 24-3406 of the Georgia code of 1933, entitled, deposits of costs required in divorce cases, be and the same is hereby amended by adding at the end of said section the following:
"In all counties having a population under the last or any future federal census <Qf not less than 81,000 and not more than 82,000, and in all counties having a population under the last or any future federal census of not less than 117,000 and not more than 218,000, all applicants for divorce shall be required to deposit with the -clerk of the superior court, before the filing of applicant's petition for divorce the sum of Fifteen ($15.00) Dollars, as costs deposit, instead of Six ($6.00) Dollars as provided in the original code section.
Section 2. Be it further enacted by the authority aforesaid that all laws and parts -of laws in conflict with this act be and the same are hereby repealed.
Senator Atkinson of the 1st moved that the Senate adopt the report of the conference committee on HB 601.
On the motion to adopt the report of the committee of conference, the ayes were 28, nays 0, and the conference committee report was adopted.
The following bills were read the third time and put upon their passage:
HB 182. By Messrs. Alexander and Grayson of Chatham: A bill to authorize recovery of attorney's fees and expenses by executors in wills which are contested and determined to be invalid when such persons in good faith offer the same for probate; and for other purposes.
The report 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 unanimous consent, previously granted, HB 182 was immediately transmitted to the House.
HB 422. By Mr. Key of Jasper and others: A bill to amend the income tax laws to provide a $2500.00 exemption for a widow, widower or divorced person having a minor child; and for other purposes.
The report 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.

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JOURNAL OF THE SENATE,

By unanimous consent, previously granted, HB 422 was immediately transmitted to the House.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th and others: A bill to fix the time for general and primary elections in Georgia; and for other purposes.
The House offered the following substitute:
By Mr. Reynolds of Clayton county:
AN ACT To be entitled an act to provide for the hours of holding all general, special and primary elections in the State of Georgia; to provide the time of opening and closing of the polls; to repeal conflicting laws; 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 from and after the passage of this act the hours for holding all general, special and primary elections in the State of Georgia shall be from 7:00 o'clock A. M. to 6:00 o'clock P. M., according to the legal time prevailing in the State of Georgia, at all of the polling places where said elections are held. Provided that in counties of over 200,000 population, according to the 1940, or any future census the hours of holding said elections shall be from 7:00 o'clock A. M. to 7:00 o'clock P. M. at all polling places in said counties, according to the legal time prevailing in the State of Georgia.
Section 2. Be it further enacted by the authority aforesaid that the provisions of this act shall not apply to municipal elections.
Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby, repealed.
Senator Atkinson of the 1st moved that the Senate concur in the House substitute to SB 96.
On th motion to concur, the ayes were 32, nays 0, and the substitute was concurred in..
Senator Lovett of the 16th moved that the Senate reconsider its action in adopting the following resolution of the House:
HR 146. By Messrs. Grayson of Chatham and Durden of Dougherty: A resolution proposing an amendment to article 3, section 7, of the constitution to provide that neither the state nor any county or city shall maintain

THURSDAY, MARCH 18, 1943

987

any civil service scheme without providing f~r preference to vererans of any war; and for other purposes.
On the motion to reconsider, the ayes were 23, nays 7, and the resolution was reconsidered.
The following bill was taken up for the purpose of considering the report of a committee of conference:
HB 258. By Mr. Fortson of Wilkes: A bill to provide that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.
The report of the conference committee was as follows:
Mr. President and Mr. Speaker, your committee on conference on HB 258 begs to submit the following report:
That the House recede from its position and accept the Senate amendment.

On the part of the Senate:
Griner, of 45th Ansley of lOth Millican of 52nd

On the part of the House:
Mrs. John B. Guerry of Macon Guyton of Effingham Ben W. Fortson, Jr.

Senator Millican of the 52nd moved that the Senate adopt the report of the com-

mittee of conference.



On the motion to adopt, the ayes were 32, nays 0, and the conference committee report was adopted.

The following bill of the Senate was taken up for the purpose of considering the report of a committee of conference:

SB 43. By Senator Millican of the 52nd:
A bill to authorize superior courts of the state to hear and determine time and place of birth of persons; and for other purposes.

The conference committee report was as follows:

Mr. President:

Mr. Speaker:

SENATE BILL 43

Your C<>mmittee on conference to consider SB 43 "an act authonzing the superior courts and the courts of ordinary to hear and determine the time and place of birth

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JOURNAL OF THE SENATE,

of persons on petition for ~stablishment of birth certificates, g1vmg residence and certified copy of the judgment of court and filing with the permanent records of the state department of health" beg to submit the following report:
1. That both the House and Senate recede from their position.
2. That both House and Senate adopt substitute written by conference committee (attached hereto) for SB 43.
On the part of the Senate: Millican of the 52nd Atkinson of the 1st Lester of the 18th
On the part of the House: Gowen of Glynn county McCracken of Jefferson county Smith of Muscogee county.
The substitute offered by the conference committee was as follows:
AN ACT
To provide for the filing of a petition to the superior court or the court of ordinary by any person desirous of establishing the time and place of his birth, and of securing the issuance of a certificate of birth; to provide for the contents of said petition; to provide that the petitioner must have been a bona fide resident of the state of Georgia for at least six months prior to the filing of said petition; to provide filing of affidavit covering advertising by petitioner in newspaper; to set cost of advertising; to provide for a hearing on said petition and the evidence to be submitted at such hearing; to provide for the is"suance of a judgment determining the time and place of petitioner's birth; to provide that the ordinary may delegate his duties and authority under the terms of this act to any lawful deputy of such ordinary or to such other person as the ordinary may designate, after such person has first been approved by the state department of public health; to provide for the cost of proceedings under the terms of this Act; to provide for the filing nf judgments rendered hereunder in the office of the ordinary of the county where the same are issued, and to require the keeping of an index of such judgments; to provide for the filing of a certified copy of said judgments with the state department of public health; to provide that said judgments and certified copies thereof shall have the same force and effect as birth certificates from a local registrar under the provisions of existing law; to provide for the repeal of laws or parts of laws in conflict herewith, and for other purposes.
BE IT ENACTED by the General Assembly of Georgia, and it is herebv enacted by the authority of the same, as follows:
Section 1. THE PETITION: Any person desirous of establishing the time anJ

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989

place of his or her birth and of securing the issuance of a birth certificate, where such person was born prior to the year 1919 or where a registration of such person's birth is not on file with the State Department of Public Health, may present a petition to the Superior Court or to the Court of Ordinary of the County of such person'~ residence or birth. The petition shall be on a form to be prescribed by and shall contain such information as may be required by the State Department of Public Health under the rules and regulations which may be promulgated from time to time by the State Department of Publio:; Health.
Section 2. RESIDENCE OF APPLICANT: The applicant, if born outside of the State of Georgia, must have been a bona fide resident of the State of Georgia for at least 36 months prior to the filing of the petition herein provided for, and this act shall be proved by an affidavit from two freeholders in the county of the applicant's residence, or if the applicant h"as not been a resident of the State of Georgia for at least six months he must present an affidavit from a bona fide resident of Georgia, stating that applicant's services are needed in a war activity in the State of Georgia.
Section 3. FILING OF AFFIDAVIT: Every applicant shall file with his petition an affidavit from the publisher or a representative of the publisher of the official organ publishing sheriff's advertisements in the county in which said petition is filed, or, if no newspaper is published in such county, then of a newspaper of general circulation in an adjoining county, which affidavit shall state that the applicant has deposited with such publisher a sufficient sum of money to pay for publishing in one issue of such newspaper a notice which shall contain the name of the petitioner, the purpose for which the petition is filed, and the date that said petition was filed. The cost of publishing said notice shall not exceed the sum of one dollar and twenty-five ($1.25) cents. The hearing on the petition and the entering of judgment under the terms of this act shall not be delayed due to notice not having been published but said notice shall be published in the earliest edition possible of said paper after such notice has been filed for publication.
Section 4. HEARING; EVIDENCE; JUDGMENT: The petition to establish the time and place of the applicant's birth and to secure the issuance of a birth certificate may be had at any time, either in term or vacation, by the court to whic't such petition is made. Upon the hearing the applicant shall submit such evidence as may he, from time to time, prescribed by the rules and regulations of the State De partment of Public Health. The hearing shall be had as promptly as possible after the filing of the petition. The Judge of the Superior Court, Ordinary, or other person authorized by the Ordinary, shall pass upon all issues of fact and law, unless a jury trial shall be demanded by the applicant or by any contestant of the applicant's petition. If a jury trial is requested, the Judge of the Superior Court, Ordinarr, or other person as the case may be, shall cause the matter to be referred to a jury at the term of the court which may be then in session, or at the next term of the court. Upon the termination of the hearing, whether before a jury, before a Judge of the Superior Court, before an Ordinary, or before some other person authorized to act under the terms of this Act, the officer holding such hearing shall make and enter .t

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JOURNAL OF THE SENATE,

judgment as to the status of the applicant, as to the time and place of the applicant's birth, and such other matters as may be prayed by the applicant or as may be required by the rules and regulations of the State Department of Public Health..
Section 5. DELEGATION OF AUTHORITY BY ORDINARY: Any Ordinary of this State may delegate his duties and authority, under the terms of this Act, to any lawful deputy of such Ordinary or to any such other person as the Ordinary may designate, and deputize, after such person has first been approved by the State Department of Public Health. Any such person to whom such authority is delegated by the Ordinary may act as fully and completely hereunder as the Ordinary himself might act, and the findings and rulings of such persons shall have the same force and effect as if such findings and rulings had been made by the Ordinary, as herein provided.
Section 6. When a judgment is issued under the terms of this Act, determining the time and place of the applicant's birth, a copy of such judgment shall be filed in the office of the Ordinary of the County in which such judgment is rendered, and the Ordinary shall keep an indexed record to be known as Birth Certificate Record, and shall enter thereon the proper index of such judgment. A certified copy of such judgment shall be transmitted by the Court issuing the same to the State Department of Public Health, and shall be filed as a permanent record with the Bureau of Vital Statistics with the same force and effect as a certificate of birth from a local registrar under the provisions of existing law. A filing fee of fifty cents shall be transmitted with such certified copy to the State Department of Public ~ealth as a filing fee t<> be used by the Georgia State Department of Public Health in the administration of "this Act.
Section 7. The applicant shall pay, upon the filing of the petition herein provided for, when such petition is filed to the Ordinary or other person delegated by the Ordinary, an examination fee of Two Dollars ($2.00), and the filing fee of fifty cents to be paid to the State Department of Public Health, or a total cost of Two and 50/100 Dollars ($2.50). The applicant shall pay to the Ordinary or to the State Department of Public Health, as the case may be, an additional fee of fifty cents for each certified copy of the judgment desired by the applicant. Where the petition is filed to the Superior Court the cost of such proceeding shall be charged to and paid by the petitioner as other costs in the superior court are assessed, which costs shail include the fee of fifty cents for filing with the State Department of Public Health.
Section 8. All laws or parts of laws in conflict herewith are hereby repealed.
Senator Millican of the 52nd moved that the conference committee report on SB 43 be adopted.
On the motion to adopt, the ayes were 30, nays 0, and the conference committee report was adopted.
A privileged resolution by Senator Ingram of the 51st, extending the privilegts of the floor to Mrs. H. C. Arnall, wife of Senator Arnall of the 36th, was read and adopted.

THURSDAY, MARCH 18, 1943

991

A privileged resolution by Senator Foster of the 40th, extending the privilege3 of the floor to Mrs. Claude C. Pittman, wife of Senator Pittman of the 42nd, was read and adopted.
The following bill was taken up for the purpose of considering a conference committee report:
SB 174. By Senator Gross of the 31st: A bill to amend section 73-216 of the code of 1933, subsection 3, relative to sulphur content of gasoline, to change the figures "0.10" and inserting the figures "0.25", and amending section 73-216 by striking the words "United States Government Bureau of Mines", and substituting the words "Federal Specifications Board"; and for other purposes.
The report of the committee on conference was as follows:
Mr. President:
Mr. Speaker:
SENATE BILL 174
Your conference committee on SB 174 submits the following report:
That section three, page two of the House substitute be changed which reads: "Sulphur shall not be over 0.10 per cent" be stricken and in lieu thereof the following be inserted: "Sulphur shall not be over 0.25 per cent",
Provided, however, that the Commissioner of Revenue may upon proper notice as provided in this Act decrease the Sulphur content specification to any figure down to a minimum of 0.125.
The Senate, with the change mentioned in the House substitute recede from its position and accept the House substitute as amended herein.
On the part of the Senate: Ansley of lOth Arnold of 26th Millican of 52nd
On the part of the House: W. H. Key A. D. Littlejohn ]. D. Gardner
The substitute as amended by the conference committee was as follows:
A BILL
To be entitled an Act to amend Section 73-216 of the Code of Georgia of 1933, relating to the specifications for the sale of gasoline and kerosene in the State of Georgia, by adding to said Code Section a provision that such

992

JOURNAL OF THE SENATE,

specifications may, during the period of the war emergency, be changed by the order of the Commissioner of Revenue; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is hereby added to Section 73-216 of the Code of Georgi'l of 1933 a new sub-paragraph to read as follows:
"Provided that the Commissioner of Revenue under the advice of the State Oil Chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other states and with the government or the United States during the period of the war emergency, and further provided that the Commissioner of Revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The Commissioner of Revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised in each county of the State once a week for the two calendar weeks next preceding the effective date of such change as set forth in such notice of such change", so that said section as amended shall read as follows: "73-216. Test of gasoline and oils; specifications; change of specifications.-No manufacturer, refiner, vendor, jobber, or wholesaler shall sell, or expose or offer for sale, any gasoline for heating or power purposes, which shall not comply with the following distillation test:
1. Corrosion test. A clean copper strip shall not be discolored when submerged in the gasoline for three hours at 122 degrees F.
2. Distillation. When the first drop falls from the end of the condenser, the
thermometer shall not read more than 55 degrees C. (131 degrees F.).
When 20 per cent has been recovered in the receiver, the thermometer shall not read more than 105 degrees C. (221 degrees F.).
When 50 per cent has been recovered in the receiver, the thermometer shall not read more than 140 degrees C. (284 degrees F.).
When 90 per cent had been recovered in the receiver, the thermometer shall not read more than 200 degrees C. ( 392 degrees F.).
The end point shall not be higher than 225 degrees C. (437 degrees F.).
At least 95 per cent. shall be recovered as distillate in the receiver from the distillation.
3. Sulphur. Sulphur shall not be over 0.25 per cent. Provided, however, that the Commissioner of Revenue may upon proper notice as provided in this Act decrease the Sulphur content specification to any figure down to a minimum of 0.125. All the foregoing test shall be made in accordance with the methods for testing gasoline contained in Technical Paper 323A, United States Government Bureau of

THURSDAY, MARCH 18, 1943

993

Mines, Department of the Interior. No manufacturer, jobber, wholesaler, or vendor shall sell, offer, or expose for sale any kerosene oil for use or intended to be used for heating, cooking, or power purposes, which shall not comply fully with the following distillation test:
1. Color. The color shall not be darker than No. 16 Saybolt.
2. Flash point. The flash point shall not be lower than 100 degrees F.
3. Sulphur. The sulphur shall not be more than 0.125%.
4. Flock. The flock test shall be negative.
5. Distillation. The end point shall not be higher than 625 degrees F.
6. Cloud point. The oil shall not show a cloud at 5 degrees F.
7. Burning test. The oil shall burn freely and steadily for 16 hours, in a lamp fitted with a No. 2 hinge burner.
All of the foregoing tests for kerosene shall be made according to the methods for testing kerosene contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior:
Provided, that the Comptroller General may from time to time change these specifications to agree with those adopted and promulgated by the United States Government Bureau of Mines: Provided further, that 60 days' notice shall be given all manufacturers, refiners, and jobbers doing business in this State, before any such changes shall become effective.
Provided that the Commissioner of Revenue under the advice of the State Oil Chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other states and with the government of the United States during the period of the war emergency, and further provided that the Commissioner of Revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The Commissioner of Revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised in each county of the State once a week for the two calendar weeks next prceding the effective date of such change as set forth in such notice of such change."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
Senator Millican of the 52nd moved that the Senate adopt the report of the committee of conference on SB 174.
On the motion to adopt the report of the committee of conference, the ayes were 34, nays 0, and the conference committee report was adopted.
The following resolution was read and adopted:

994

JOURNAL OF THE SENATE,

HR 174. A resolution that a committee of five, two on the part of the Senate and three on the part of the House, be appointed to notify the Governor that the General Assembly of Georgia stands ready to adjourn sine die at 6 o'clock this afternoon.
The president appointed as a committee on the part of the Senate the following:
Senators: Ingram of the 51st Hollis of the llth
The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 179. By Senator Millican of the 52nd: A bill to amend the pension act of Fulton county, to increase the amount of maximum payable, to provide for payments of pensions for lesser periods of service, to create a pension board for Fulton county; and for other purposes.
The House amendments were as follows:
Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton moves to amend SB 179 as follows:
l. Amend Senate Bill No. 179, Page 2 of Caption, Line 22, by striking the words "employees in the Welfare Department, and".
2. Further Amend Senate Bill No. 179, Section 11 in the first line of Page 12 by striking out the words "but not".
3. Also amend Caption of Senate Bill No. 179 by adding after the word "act" and before the word ''and" in the nineteenth line of the second page of said caption the following, "including the employees of the Department of Welfare".
Senator Millican of the 52nd moved that the Senate concur in the House amendments to SB 179.
On the motion to concur, the ayes were 31, nays 0, and the amendments were concurred in.
The following bills and resolutions were read the third time and put upon their passage :
HR 141. By Messrs. Rossee of Putnam and Cannon of Rockdale: A resolution memoralizing senators and congressmen from Georgia to support legislation to establish a pharmacy corp in the United States army; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, MARCH 18, 1943

995

On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, previously granted, HR 141 was immediately transmitted to the House.
HB 639. By Messrs. Etheridge, Kendrick and Mrs. Mankin: A bill to amend the civil service act of the City of Atlanta to provide the department head may file charges for inefficiency or misconduct; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pass::~ge of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 162. By Messrs. Thigpen of Glascock and others: A bill to amend section 34-1904 of the code of 1933 by adding a proviso that candidates must file a petition from not less than five per cent of the registered voters; and for otht>r purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pasage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, previously granted, HB 162 was immediately transmitted to the House.
HB 164. By Messrs. Thigpen of Glascock and others~ A bill to amend chapter 34-32 of the code of 1933, to provide the chairman and secretary of the state committee of any political party must certify to the secretary of state the names of candidates; and for other purposes.
The report 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 unanimous consent, previously granted, HB 164 was immediately transmitted to the Home.

996

JOURNAL OF THE SE~ATE,

HB 340. By Mr. Mixon of Irwin:
A bill that no court shall discriminate against any person because of illegitimate birth nor against the mother of an illegitimate child in any action for damages; and for other purposes.

The report of 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 unanimous consent, previously granted, HB 340 was immediately transmitted to the House.

HR 73. By Mr. Etheridge of Fulton:
A resolution to appropriate $756.64 to pay Stocks Coal Company for coal furnished the state; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolu. tion, ,,,-as agreed to.

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

Those voting 10 the affirmative were Senators:

Ansley Arnall

Forester Foster

Arnold

Griner

Bacon Boyett Brock Byrd Clements

Hall Harrison Ingram Kennedy Kennon

Cooper Dantzler Dean Ennis Estes

Kimbrough Lester Martin Millican Moore

Eubank

1\ewton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Whitworth of 30th Whitworth ;;f 38th Williams

Not voting were Senators Atkinson, Bloodworth of the 22nd, Bloodworth of the 23rd, Fowler, Hampton, Hollis, Jones, Kaigler Lovett, Shannon and Thigpen.

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

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

THURSDAY, l\IARCH 18, 1943

997

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

By unanimous consent, previously granted, HR 73 was immediately transmitted to the House.

HR 133. By Messrs. Jennings of Terrell and others:
A resolution to authorize the Georgia state guard to pay to the widow of Private J. D. Bridges, of the Georgia state guard, the sum of $1000.00; 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:

Ansley Arnall

Estes Eubank

Arnold Atkinson Bacon Bloodworth of 22nd Boyett Brock Byrd

Forester Foster Griner Hall Harrison Hollis Ingram

Clements Cooper

Jones Kimbrough

Dantzler

Lester

Ennis

Martin

Millican Newton Oden Pittman Pope Preston Raynor Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Bloodworth of the 23rd, Dean, Fowler, Hampton, Kaigler, Ke:1nedy, Kennon, Lovett, Moore, Peterson, Shannon and Thigpen.

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 majority, was adopted.

By unanimous consent, previously granted, HR 133 was immediately transmitted to the House.

HR 153. By Messrs. Ennis and Moore of Baldwin:
A resolution to appropriate to the City of Milledgeville, $12,900.30 to pay assessments on" Old Capitol Square; and for other purposes.

998

JOURNAL OF THE SENATE,

Tbe 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:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Boyett Brock Byrd Clements Cooper Dantzler Ennis Estes

Eubank Forester Foster Griner Hall Harrison Jones Kennedy Kennon Kimbrough Martin Millican Moore

Newton Oden Peterson Pittman Pope Preston Raynor Simmons Stark Terrell Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Bloodworth of the 23rd, Dean, Fowler, Hampton, Hollis, Ingram, Kaigler, Le~ter, Lovett, Shannon, and Thigpen.

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 majority, was adopted.

By unanimous consent, previously granted, HR 153 was immediately transmitted to the House.

The following bill of the Senate was taken up for the purpose of considerin6 a House amendment thereto:
SB 226. By Senator Millican of the 52nd:
A bill to amend the pension act of the City of Atlanta to provide that employees whose departments were consolidated with a department of some other corporation or political sub-division, may continue to be eligible by payment of amounts provided by law, to continue under the city pension fund; and for other purposes.
The House amendment was as follows:
Mrs. l\fankin, Mr. Etheridge and Mr. Kendrick of Fulton move to amend Senate Bill No. 226, in the following particulars:

THURSDAY, MARCH 18, 1943

999

(a) Add to the caption thereof, just before the words "and for other purposes," the following words: "to provide that all officers and employees in cities having a population of not less than 150,000 inhabitants by the United States Census of 1920, or any future census, which operate under pension laws and civil service laws of any kind for any of the departments, shall receive credit under such pension and civil service laws for the time spent in service in the armed forces of the United States."
(b) That Section 6 of said Act be stricken and the following Sections substituted in lieu thereof:
Section 6. All officers and employees of cities and of departments in cities in this state, having a population of not less than 150,000 inhabitants who have been or shall be, inducted into the armed forces of the United States, either voluntarily or involuntarily, under the Selective Service and Training Act or otherwise, and being such persons as come within the provisions of the Soldiers and Sailors Relief Act of Congress, shall be entitled to receive under all pension acts and civil service acts, credit
for their time of service in the armed forces of the United States, which time oi
service therein shall, for the purposes of such pension and civil service acts, be considered as service to such cities, on the following terms and conditions:
(a) Such officer or employee must have been or must be, on the payrolls of such city or a department thereof, in good standing at the time of such induction.
(b) He shall not voluntarily extend his term of service beyond the termination of the present conflict.
(c) He shall return to service m such city promptly upon his discharge from the armed forces.
(d) Any person rece1vmg a dishonorable discharge from such armed forces shall not be entitled to the benefits of this Act.
(e) The amount of his payments for such pension shall not become in arrears more than ninety (90) days. If, during his services to the Federal Government such payments become in arrears as hereinbefore set forth, such person shall have the privilege of paying up all back payments when or before he returns to his employment with the city and thereupon shall be reinstated to full benefits under said pension system.
"Section 7. This Act shall not be construed to repeal an Act approved the 23rd day of February, 1943, relating to members of Fire Departments in certain cities and giving them the same benefits herein contained."
"Sectior. 8. That all Acts and parts of Acts in conflict with this Act are hereby repealed."
Senator Millican of the 52nd moved that the Senate c~ncur in the House amendment.

1000

JOURNAL OF THE SENATE,

On the motion to concur, the ayes were 35, nays 0, and the amendment was concurred in.
At this time the Senate suspended the regular order of business, with Senator Ennis of the 20th in the chair.
Senator Atkinson of the 1st acting on behalf of the Senate, presented the president, Senator Gross, an inscribed pitcher and tray for his services as presiding officer of the Senate.
Senator Harrison of the 17th, acting on behalf of the Senate, presented the president pro tempore, Senator Atkinson, an inscribed tray for his services as president pro tempore and floor leader.
Senator Terrell of the 19th, acting on behalf of the Senate, presented the secretary, Henry Nevin, a fine watch for his services as secretary.
Mr. Nevin, the secretary, acting on behalf of the Senate, presented the assistant secretary, Lamont Smith, with a beautiful traveling bag, for his services as assistant secretary.
Mr. Nevin, the secretary, acting on behalf of the Senate, presented the attaches of his office with gifts as tokens of appreciation for their services.
Senator Forester of the 44th, acting on behalf of the Senate, presented the doorkeeper, Perry Griffin, an inscribed tray, for his services.
Senator Arnall of the 36th, acting on behalf of the Senate, presented the messenger, Sid Williams, a silver cup, for his services.
The president presented his office attaches with gifts as tokens of appreciation for their services.
The president presented the chaplain, Rev. M. F. Walden, with a bible in appreciation for his services.
Senator Dantzler of the 43rd was presented a sum of money contributed by every member of the Senate for his church, Secretary Henry Nevin making the presentation.
At this time the Senate resumed the regular order of business.
The following message was received from the House through J\llr. l.VlcCutchen, the Clerk thereof:
Mr. President: The House has agreed to the Senate amendments to the following bills of the
House, to wit: H B 208. By Messrs. Co~nell of Lowndes, Smith of Carroll and others:
A bill to provide for the equal payment of taxes on all kinds of property; and for other purposes.

THURSDAY, MARCH 18, 1943

1001

HB 454. By Mr. Fisher of Jeff Davis: A bill to constitute all commissioned officers of all branches of the armed services of the United States of America ex-officio notaries public of the state; and for other purposes.
HB 606. By Mr. Mims of Miller: A bill to amend section 114-101 of the code by adding thereto a provisiOn that all employees of the state, counties and municipalities, shall be placed under the workmen's compensation laws of Georgia; and for other purposes.
The House has agreed to Senate substitute of the following resolution of the House, to wit:
HR 119. By Messrs. Rossee of P~tnam and Crummey of Wilcox: A resolution that the commissioner of agriculture, in his discretion shall have the power and authority to promulgate rules and regulations in con formity with order, rules and regulations issued by the war production board relative to textile and paper shipping bags, and their weight capacities; and for other purposes.
The House has adopted the report of the committee of conference on the following bill of the Senate to wit:
SB 174. By Senator Gross of the 31st:
A bill to amend section 73-216 of the code of 1933, to change figures and words relative to the sulphur content of gasoline; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions and bills of the House and Senate, to wit:
SR 75. By Senators Atkinson of the 1st, Terrell of the 19th and others: A resolution that His Excellency, the Governor, be requested to negotiate for the acquisition of additional property in the immediate vicinity of the State Capitol; and for other purposes.
HR 174. By Durden of Dougherty: A resolution that a committee of five, two on the part of the Senate and thrfe on the part of the House, be appointed to notify the Governor that the General Assembly stands ready to adjourn sine die at 6 o'clock this afternoon.
The speaker has appointed as a committee on the part of the House the following members of the House, to wit:

1002

JOURNAL OF THE SENATE,

Messrs: Cates of Burke Swint of Spalding, and Baker of Floyd

SB 199. By Senator Atkinson of the 1st, Terrell of the 19th and Newton of the 47th:
A bill to give the state board of prisons the authority and right to set up, establish and manitain central points or stations for receiving all prisoners who have been convicted of crime in the courts of the state so as to segregate such prisoners; and for other purposes.

SR 50. By Senator Dean of the 34th:
A resolution resolving that the state administration cooperate fully with the council of state governments and that budget authorities provide specified funds needed and available; and for other purposes.

SB 110. By Senator Dean of the 34th:
A bill to provide for the suspension by court order upon petition of parties at interest of any trustee, administrator, executor, guardian or other fiduciary who enters the armed forces; and for other purposes.

The following bills and resolutions were read the third time and put upon their passage:
HB 479. By Messrs. Brunson and Deal of Bulloch and Guyton of Effingham:
A bill to reimburse W. Hubert Brannen for medical expenses for being wounded by officers; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Arnall Arnold Atkinson Bacon Bloodworth of 22nd Boyett Brock Byrd Clements Cooper

Dantzler Dean Ennis Estes Eubank Forester Foster Griner Hall Harrison Ingram

Jones Kaigler Kennedy Kennon Kimbrough Martin Millican
Moore Newton Oden

THURSDAY, MARCH 18, 1943

1003

Peterson Pittman Pope Preston

Raynor Simmons Stark Terrell

Whitworth of 30th Whitworth of 38th Williams

Not voting were Senators Bloodworth of the 23rd, Fowler, Hampton, Hollis, Lester, Lovett, Shannon and Thigpen.

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

On the passage of the bill, the ayes were 43, nays 0.

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

By unanimous consent, previously granted, HB 479 was immediately transmitted to the House.

HB 509. By Messrs. Bynum of Rabun and others:
A bill to appropriate $14,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological proJuct for purity and potency; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Arnall Atkinson Bacon Bloodw~rth of 22nd Brock Byrd Clements Cooper Dantzler Ennis Estes Eubank

Forester Foster Griner Hall Harrison Hollis Ingram Jones Kaigler Kennedy Kennon Kimbrough Martin

Millican
Moore Newton Oden Peterson Pittman Preston Raynor Simmons Stark Terrell Whitworth of 38th Williams

Not voting were Senators Arnold, Bloodworth of the 23rd, Boyett, Deao, Fowler, Hampton, Lester, Lovett, Pope, Shannon, Thigpen, and Whitworth.

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

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

1004

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, previously granted, HB 509 was immediately transmitted to the House.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper: A bill to amend the act relating to the sale of fertilizer or fertilizer material to provide for the registration and method of reporting; and for other purposes.
The report 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 unanimous consent, previously granted, HB 438 was immediately transmitted to the House.
Senator Foster of the 40th moved that the Senate recess from 5:15 to 5:45p.m., and the motion prevailed.
The Senate reconvened at 5 :45 p. m., and resumed the regular order of business.
The following bills and resolutions were read the third time and put upon their passage:
HB 204. By Messrs. Smith and Reid of Carroll: A bill to amend section 34-1905 of the code of 1933, relating to voting to orovide a freeholder to aid any person who is blind, illiterate, or has lost the
use J his hands; and for other pt!rposes.
The report 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 unanimous consent, previously granted, HB 204 was immediately transmitted to the House.
The following bill of the House was taken up for the purpose of considering a House amendment to the Senate amendmeqt thereto: HB 125. By Messrs. Daves of Dooly and others:
A bill to amend the state health laws creating county boards of health and

THURSDAY, MARCH 18, 1943

1005

to provide for payment of expenses of county health departments; and for other purposes.
The Senate amendment previously adopted and sought to be amended by the House, was as follows:
Senators G. E. Millican of the 52nd and Dean of the 34th district moved to amend HB 125 as follows:
By inserting, after Section 8 of said bill, a new section to be known as section 9 thereof and renumbering sections 9 and 10 as now written, said new section 9 to read as follows:
Section 9. Be it further enacted that the provisions of this Act shall not apply to or affect any County having within its limits, in whole or in part, a city with a population of not less than 200,000 inhabitants by the 1940 Census or any futur~ Census, until and unless the Mayor and General Council or other governing body of such city, and the Board of Commissioners of roads and revenues or other governing body of the counties in which such city is located, in whole or in part, shall by appropriate resolution or ordinance declare this Act to be effective within such Counties.
The House offered the following amendment to the Senate amendment:
Weaver of Bibb moves to amend Senate Amendment No. 2 to House Bill 125 proposed by Senators Millican and Dean by adding the following provisions to said amendment: "This Act shall not apply to any County in which the County and the principal municipality therein maintain separate health departments, until the County Commissioners or other governing authority of such County and the Mayor and Council or other governing authority of such municipality shall by appropriate resolution signify that said County and said municipality shall come under the provisions of this Act."
Senator Harrison of the 17th moved that the Senate concur m the Hous<! amendment to the Senate amendment to HB 125.
On the motion to concur, the ayes were 35, nays 0, and the amendment was concurred in.
Senator Kennedy of the 2nd asked unanimous consent that the following bill of the House be read the third time and taken up for consideration:
HB 632. By Mr. Campbell of Newton and others:
A bill to amend section 77-207 of the code by providing that it shall be lawful for the prison commission, state highway department, counties or any other agency having charge of convicts to hire such convicts to farmers for farm labor during the present crisis; and for other purposes.

1006

JOURNAL OF THE SE~ATE,

The consent was granted and the bill was read the third time.
Senator Atkinson of the 1st moved that HB 632 be tabled and the motion prevailed.
The following message was received from the House through Mr. McCutchen, the Clerk thereof:
Mr. President: The House has agreed to the Senate amendment to the following bill of the
House, to wit:
HB 639. By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton: A bill to amend the civil service act of the City of Atlanta to provide the department head may file charges of inefficiency or misconduct; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 211. By Senator Millican of the 52nd: A bill to regulate the sale of admission tickets to athletic contests of the colleges in the university system of Georgia; to provide that no ticket shall be sold for more than the amount printed on the face of the ticket; and for other purposes.
SR 66. By Senator Gross of the 31st: A resolution confirming the actions of Ex-Governor Talmadge in exempting state tax on aviation gasoline used in planes owned by the United States government; and for other purposes.
SB 192. By Senators Jones of the 3rd and Ansley of the lOth: A bill to amend an act entitled "Georgia unemployment compensation law,'' by repealing section 3 (f) of said act, as amended, which provides for the preservation of benefit rights of individuals who are in the armed services; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 97. By Senator Preston of the 27th, and Gross of the 31st: A bill to amend section 90-103 of the code of 1933 relating to the duties and pay of the public printer in reference to the compilation of the acts and resolutions of the General Assembly by requiring the supreme court to employ a person to prepare and compile such acts and resolutions; and for other purposes.

THURSDAY, MARCH 18, 1943

1007

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 97. By Senators Preston of the 27th and Gross of the 31st:
A bill to provide the supreme court shall employ a person or persons to prepare and compile the acts of the General Assembly; and for other pur poses.
The House offered the following substitute:
A 'BILL
To be entitled an act to amend an Act of the General Assembly approved l\.:larch 29, 1937 (Georgia Laws 1937, pp. 503-515) relating to the duties of the Supervisor of Purchases, by adding to Section 2 of said Act a a new sub-paragraph, to be known as Sub-paragraph G, said sub-paragraph G to provide that it shall be the duty of the Secretary of State to employ a persoil or persons to prepare and compile the Acts and Resolutions of the General Assembly, and to provide that the Secretary of State shall pay as compensation such amounts as may be agreed upon with the person or persons doing such work, provided however that the amount shall not exceed $1,000.00, to be paid out of the funds appropriated for the expenses of the General Assembly; and for other purpos~s.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section l. That an Act of the General Assembly approved March 29, 1937 (Georgia Laws 1937, pp. 503-515) relating to the duties of the Supervisor of Purchases, be and the ~arne is hereby amended by adding a new sub-paragraph to Section 2, said new sub-paragraph to be known as sub-paragraph G, which shall read as follows: "G. it shall be the duty of the Secretary of State to employ a competent person or persons to compile the Acts and Resolutions of the General Assembly of Georgia, and such person or persons compiling such Acts and Resolutions shall be paid, out of the funds appropriated for expenses of the General-Assembly, such ;::mount as may be agreed upon between such persons and the Secretary of State; provided, however, that such amount shall not in any event exceed the sum of $1,000.00.
Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Senator Preston of the 27th moved that the Senate coricur in the House substitute.
On the motion to concur, the ayes were 37, nays 0, and the substitute was concurred in.

1008

JOURNAL OF THE SENATE,

The following communication was read by the secretary:

Ellis Arnall Governor

Office of the Governor Atlanta
March 18, 1943

Grace Cannington Secretary.

MR. PRESIDENT AND MEMBERS OF THE STATE SENATE:
It is a source of much regret to me that, because of illness, I am not permitted to be present with you on this day which marks the close of an eventful and momentous meeting of the General Assembly. I seriously doubt if there has ever been a sesswn that has accomplished more for the welfare of our State and its future
intere~t.
The Assembly has not only enacted many needed reforms in the State Government but has inaugurated a program which will remodel Georgia's governmental structure along more workable, serviceable, progressive and democratic lines. It has even set in motion the machinery for writing a needed new Constitution to supplant the outmoded and antiquated docu~ent under which our State now labors.
As Chief Executive, I desire to express to the Senate, your presiding officers, committees and members my profound appreciation for the statesmanlike and cooperative manner in which the business of the State has been handled. It is my considered opinion that the 1943 General Assembly is the finest that has ever assembled under the dome of the State Capitol.
It will be our purpose during the next four years to give to the people an efficient, honest, economical and serviceable administration of public affairs and I hope that we may be privileged to count upon the help and influence of each member of the Senate during this important !Jeriod.
And so, I congratulate you Senators upon your splendid accomplishments and send you, individually and collectively, my very best wishes for continued welfare and success.
Faithfully yours,
Ellis Arnall,
Governor.

THURSDAY, MARCH 18, 1943

1009

Mr. Boyett of the 11th 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/or 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 Governor:

SB 145

Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

Mr. Boyett of the 11th 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/or 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 Governor:

SB 96

SB 107

SB 134

SB 141

SB 142

SB 147

SB 151

SB 152

SB 170

SB 173

SB 207

SB 212

SB 225

SB 231

SB 238

SB 242

1010

jOURNAL OF THE SENATE,

SR 58

SR 59

SR 40

SB 97

SB 171

SR 177

SB 200

SB 216

SB 224

SB 226

SB 227

SR 229

SB 236

Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

Mr. Boyett of the II th 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, 1or resolutions of the Senate and have instructed me as Chairman, to report the &arne hack to the Senate as correct and ready for transmission to the Governor:

SB 43

SB 110

SB 174

SB 180

SB 189

SB 192

SB 199

SB 202

SB 203

THURSDAY, MARCH 18, 1943

lOll

SB 217

SR 32

SR 50

SR 66

SR 75

SB 81

SB 169

SB 175

SB 176

SB 211

SB 215

SR 51

SB 84

SB 179

SR 31

Respectfully submitted, R. L. Boyett, of 11th district, Chairman.

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

Mr. President:
The House has passed by the requisite constitutional majority the following resolution ot the House to wit:

HR 175. By Mr. Durden of Dougherty:

A RESOLUTION
Be It Resolved by the House, the Senate concurring, that the General Assembly of Georgia do now adjourn sine die.

The committee appointed to notify His Excellency, the Governor, that the General Assembly had transacted its business and now stood ready to adojurn sine die, reported that it had dispatched its message to the Governor.

The president announced the Senate adjourned sine die at 6:00 p. m.

1012

INDEX

Senate Journal Index
(FOR NUMERICAL INDEX, SEE PAGE 1028)
A
Abbeville, how candidates can qualify, HB 536________________________________________599, 621, 658
Absentee ballots, voucher signed, HB 424--------------------------------------------------729, 847 A'Capella choir, sing for General Assembly, SR 6L-----------------------------------561562, 566 Acts, persons employed to compile, SB 97------------------------------220, 315, 408-409, 1006-1007 Additional state property near Capitol, Governor to negotiate for, SR 75___________________954, 1001 AAddjjouutarnnmt-geennt,er1al0,-dqauyalisfeiscsaitoino,nsS, RHB9-1-3-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-9-7---9-8-,--1-5-3-,-22285
Adjutant-general, qualifications, SB 14---------------------------------------------------------32 Administrators, executors, annual returns, SB 147------------------------393, 445-446, 557-558, 906 Administrators, executors, convey rights-of-way to those having
eminent domain, HB 391--------------------------------------------------840, 877, 972-973 Administrators, executors, trustees, suspension upon
entering service, SB 110------------------------------------------------257, 381, 430, 100Z Administrators, temporary and permanent discharged, SB 148--------------------------393, 446, 558 Adoption of children, SB 219-----------------------------------------------------....648, 677, 117 Adult Illiterates, establish schools, HB 59-------------------------------------173, 736-737, 191-198 Adult Illiterates, to Instruct, HB rL----------------------------------------------91, 102, 430, 523 Agricultural and Industrial board,
to create, HB 16________________394, 539-540, 591, 593, 606-607, 648, 663-664, 901, 939940, 981 Air transportation, public service commission to regulate, SB 240----------------------------168, 811 Albany, pension employees, HB 216--------------------------------------------------274, 291, 324 Albany, to operate transportation system, HB 48L____________________________________512, 510, 605 Allegiance to Georgia flag, how to pledge, HR 101-------------------------------------103, 118, 920 Allen, George, presides over Senate------------------------------------------------------------525 Alma, extend city limits, HB 315-----------------------------------------------------373, 399, 426 Almand, Ed, privileges of floor _________________________________________ -----------------------342 Amend code, section 81-1102, HB 2L_____________________________________________ 172, 241-242, 280
AMENDMENTS TO CONSTITUTION
Atlanta, Fulton and DeKalb counties, contract with hospital outhorlty, HB 355-------------------------------------------128, 116, 811-819
Atlanta, Fulton county, advertise and promote developments, HR 118______ 731, 118-119, 885-887 Atlanta judicial circuit, 6-year term judges, SR 21----------------------------10, 193, 232-234 Bills of exception, supreme court and court of appeals, HR 9L_______________395, 118, 918-919 Bibb county, establish sanitary districts, HR UL ___________________________708, 739, 195-191 Board of regents, SB 2----------------------------------------------------------29, 14, 124 Board .of recents, HB 2-----------------------------------------------------96, 140, 160-161 Chattooga county, to Issue bonds, HB 601-----------------------------------101, 118, 823-825 Cobb county, funding bonds, HR 28------------------------------------214, 320-321, 351-354 Cordele, Crisp county, contract with hospital authority, HR 149 ______ 709, 119, 819-821, 960-961 DeKalb county, tax for educational purposes, HB 584________________________805, 841, 879-881 Divorce, members of armed forces may file after year's residence DivorceIn, tsetnated,ayHs Raf9te2r -s-e-r-v-i-c-e-, -S--R--5-4-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_8_40156,, 844118,, 194545--915466 Eighteen-year-old electors, SR 15----------------------------------------35, 76, 356-358, 6113 Election returns for_ governor, SR 56_______________________________480, 653, 691-692, 190-192 Eleemosynary Institutions, board of directors, SR 42_________________________ 221, 241, 431-432 Fulton county, temporary loans, HR 126------------------------------------131, 119, 881-889 Game and fish commission, SR 14-----------------------------------------------------35, 16 Game and fish commission, HR 14-----------------------------------------395, 412, 632-634 General Assembly, abolish
10-day session, SR 32----------------------149, 241, 300-302, 564, 631-638, 675, 928, 929 General Assembly members, eligibility to state office, SR 37 ______________ 190-191, 241, 329-330 General Assembly, $600 salary
members, SR 3L______________________149, 223, 304-306, 595, 636-631, 614, 921-928, 981 Glenwood, Incur bonded Indebtedness, HB 549_______________________________705, 177, 821-823 Glynn county, to abolish J. P.'s, HB 402_________________________________ 394395, 412, 495-498 Local constitutional amendments, SB 30------------ ______________ ------------------------52 Local laws, method of passing, SR 24----------------------------------------19, 317, 421-428 Local legislation by home rule, SB 88----------------------------------------------------111

INDEX

1013

New senatorial district, Effingham, Bryan, Liberty, SB 132-----------------~309, 642, 740, 825 :Sew senatorial district, Lowndes and Echols, SB 34-----------------------52, 66, 192, 295-300 Pardon and parole board, SR 12-----------------------------------35, 76, 141-145, 240, 252 Public service commission, SB 180_________________________________ 479-480, 619, 683-685, 947

Ray City, refunding bonds, HR 43------------------------------------------708, 778, 890-891 Revenue anticipation obligations shall not create debts, SR 46________________________335, 775 Richmond county, pension for employees, HB 603____________________________707, 778, 815-817

School children, transportation and care by school districts, HR 58___________________________________130-731, 812-813, 926, 957-95!1

Spalding county, divide tnto school districts, HR 38-------------------------468, 653, 740-742 State board of education, SB L-------------------------------------------30, 74, 81-83, 228 Subsidiary corporation, 90% home owned, exempt from taxation, SB 156__415, 471, 500-501, 613 Teacher retirement system, HR 160_____________________________________842-843, 878, 923-924

Teachers' pensions, SR 61----------------------------------------------------------169, 811 Veterans' preference In civil service, HR 146____________________805-806, 848, 969-970, 986-987

Amendments to constitution, publication, SB 144--------------------------------------369, 471, 681

American Coolalr Corp., paid for fans, HR 20----------------------------287, 472, 525, 920-921, 974

Anderson, Roy, privileges of floor-------------------------------------------------------------93

Andrew Female College, trustees, SB 74--------------------------------------120, 153, 118-119, 485

~

Animal dealers, keep tag number of seller and description

of animals bought, SB 139-------------------------------------------------334, 538, 661-662 Appling county, create board commissioners. HB 227______________________________ 271, 319-320, 347

Appling county, repeal commissioner act, HB 226-------------------------------------211, 319, 347 Appling county, repeal tax commissioner act, HB 225---------------------------------211, 319, 347 Appointees of Governor, confirmation by Senate, SB 119______________________ 284, 316, 400, 429, 613

APPOINTMENTS OF GOVERNOR CONFIRMED

Allison, Marshall L. ------------- --------------------------------------------------- ____561

Ande.rson, W. T. --------------------------------------- ___ --------- ___ ------ ______ ------462

Beaver, Sandy ------------------------------------------------------------------------l.'t8 -

Bell, Miller S--------------------------------------------------------------------------tH-
Braswell, Earl ___________ --------------------------------------------------------------lola-

Brock, Byars,

PGorpoeve-r --C-,-_-_-__-_-_----------------------------------------------------------------------------------------------------------------------------------_-m3H..'.-

Callaway, Cheatham,

CAarstohnur-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_---------------------_-_-_-_-_-_---------------------------------------------------------_-_-_-_-_-_HB~IJ~O-'-

Clary, W. C.-------------- ___________________________________________ ------------------462

Gogdell, Alton -------------------------------------------------------------------------31RT Coleman, Theo --------------------------------------------------------------------~ .... Cook, Eugene --------------------------------------------------------------------------644 Coxon, Mrs. Helen W--------------~----------------------------------------------------394 . Davis, Fred B-------------------------------------------------------------------------:;61
Dickerson, Glenn -----------------------------------------------------------------------li&-/
Dyer, Stonewall H-------------------------- ~----------------------------------------- 3&8 Ellis, Rutherford L------------------------------ ---------------------------------------1'H-"' Emmett, Roy --------------------------------------------------------------------------HY Everett, Edward B--------------------------------------------------------------------~ 8414
Gilbert, Price --------------------------------------------------------------------------ya-'
Giles, Carlisle A, ____ ----------------------- ___ ----------- ____________ -----------------. 561 Groves, L. C.______ ------------------------------ __ . ________ ----- __ --- __ ------------ __ -- 561 Hartley, A. J ,__________ ----------------------------------------------- _________________ 561
Hines, E. R----------------------------------------------------------------------------560 Jerger, Ed -----------------------------------------------------------------------------~"' Kelly, A. Morrls------------------------------------------------------------------------390 Kirby, Wilkins W--------------------.s-------------------------------------------------462
Langford, G. \-----------------------------------------------------------------------at+
Marsh, Mrs. John R-----------------------------------------------------------~--------462 McCay, W. W--------------------------------------------------------------------------462 McGinty, J. Roy------------ ________ -------------- ______________ --------------- _________ 462
McGraw, Roy --------------------------------------------------------------------------561 Morris, Wm. S-------------------------------------------------------------------------~
PPraerskteorn,, WMiollntCg,o_m_ -er-y---L-,-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-________________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-___________________-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_4m62

Renfroe, J. L-----------------------------~---------------------------------------------1H"" Shaw, Ciaude ______ --------------------- _____ ---------------------- __ ------------- _____561
Smith, C. J. ____________ ----------------------------------------------------------- _____ YI!, Smith, Marlon __________ -------------- _-------------- _______________ -------------- _____ 113-
Spratlin, Frank ------------------------------------------------------------------------Y<t.,
Tarver, Jack __ ------- _____ -------- --~-- ___ ------- ____ ----------- _______________________ 462
Tipton, Kay ------------------------~-------------------------------------------------462 Townsend, J. M. C---------------------------------------------------------------------561 Vereen, E. M--------------------------------------------------------------------------462 Woodruff, George ----------------------------------------------------------------------IMI"'

1014

INDEX

Appropriations, fiscal year, HB 47---------------------------------------------116, 140-141, 161-163 Appropriations, six months, HB 46---------------------------------------------------- 85, 92, 104 Army-).;avy Salvage Day, SR 49------------------------------------------------------370, 434, 471 Arnall, Mrs. H. C., privileges of floor----------------------------------------------------------990 Assessments of property, HB 252 _______________ --------------------------------------287, 320, 356 Assignor of account receivable, notation on book notice, SB 108___________________ 236, 316, 355, 507
Athens, pensions city employees, HB 90-------------------------------------------286-287, 317, 343 Athens, term of recorder, HB 29L____________________________________________________ 287, 320, 349 Athens, vacancy bonded debt commission, HB 265__________________________________ 273-274, 320, 349 Atkinson county, abolish tax receiver and collector, HR 582____________________________615, 678, 713 Atkinson, President Pro Tem. David S., presented gift in appreciation of services________________ lOOO Atkinson, Senator Davlid S., elected president pro ttmpore ______________________________________ JO Atlanta Chamber of Commerce thanked for dinner, SR 25 ________________________________________ 79 Atlanta, death of firemen from injuries, HB 476 _______________________________________ 491, 542, 576 Atlanta, elect city attorney by people, SB 178 ____________________________________ 479, 603, 622, 721
Atlanta, extend city limits in DeKalb county, HB 517------------------------------598-599, 621, 656 Atlanta, extend term democratic executive committee, SB 231_ __________________________727, 810, 947 Atlanta, inefficiency in civil service, HB 639____________________________________871, 935, 995, 1006 Atlanta, oaths of council members, HB 392___________________________________ 467, 659, 948-949, 973
Atlanta, pension city employees, HB 477-------------------------------------491, 542, 576-577, 614 Atlanta, teachers under pension system, SB 224_ ______________________________________695, 735, 947 Atlantic states marine fisheries commission, HB 420 ________________________ 703-704, 776-777, 917-918 Attapulgus, amend acts incorporating, HB 271-----------------------------------------274, 290, 324 Augusta, abolish civil service commission, HB 500 _____________________________________513, 570, 605
Augusta, create ci>il service commission, HB 501----------------------------------513, 570-511, 605 Augusta, furlough employees in armed forces, HB 246__________________________________272, 291, 323 Augusta, post-war reserve fund, HB 22L _________________________________________271, 291, 322-323 Augusta, recall retired employees, HB 502____________________________________________513, 511, 606 Augusta, salaries deputies of municipal court, HB 623 _________________________ 730, 848, 889-890, 935 Augusta, solicitor-general salary, HB 618 _____________________________________ 729-730, 847-848, 885
Auto riders, non-paying guests, no recovery for damages, SB 64--------------------110, 240-241, 279 Auto tags, April 1 deadline each year, HB 258 _____________ 839-840, 892, 916-917, 946, 964, 981, 987 Auto tags, time extended to Feb. 15, SR 34_ ____________________________________________________182 Auto tags, time extended to ~lar. 1, HR 65-----------------------------------------------------182 Auto tags, time extended to Al>r. 1, 1943, HR 135 _______________________________________________ 589 Auto truck dealers, confirm suspension one-half license tax, HR 37 _____________________ 275, 321, 406
B
Bacon county, require a bond of officials, HB 314 _____________________________________372, 423, 451 Bacon, ~Irs. J. A., privileges of the floor_ _____________________________________________________ _478 Bacon, ~Irs. W. T., presented to Senate____________________________ , ___________________________414
Baker county, county-wide election of commissioners, HB 640__________________________805, 848, 885
Bank examiners, clerks, raise salaries, SB 107------------------------------------236, 340, 426, 906 Bank examiners, shall Interview directors, SB 202_______________________564, 603, 685, 908-909, 941 Bank examiners, verify eighteen accounts, SB 200 ________________________________ 563, 603, 683, 938
Banking law amended, deceased depositors, SB 52---------------------------------99, 122, 183, 445 Banking law amended, limit state bank loans, SB 53 _______________________________ 99, 123, 183, 445
Banking law amended, par value stock, SB 66--------------------------------111, 123, 183-184, 507 Banks, no service charge, SB 112_____________________________________________________________ 258 Banks, offices in contiguous cities, SB 29 _______________________________________________________ 52 Barber and beautician examining board, SB 60 _________________________________________________ 110
Barnesville, additional powers for city officials, HB 30"-------------------------------373, 423, 451 Barrow, Mrs. ~1. W., and son, presented to Senate ______________________________________________826 Battleship Georgia silver, pay heirs of Charles W. Crankshaw, HR 56 _______________ 419, 472, 524-525 Beauchamp, Willoughby and Harold Langston, paid for injuries, HR 57----------------378, 472, 639 Beer crowns, tax paid, replace with stamps or labels, HR 157---------------------------842, 892, 978 Ben Hill county, depository pay warrants, HB 530_________________________________567, 603-604, 623 Ben Hill county, regulate road houses, HB 468 ___________________________________770, 811-812, 849
Ben Hill county, special road supervisor, HB 529--------------------------------------567, 603, 623 Bibb county, health ordinances, HB 489______________________________________________512, 542, 578 Bibb county, six terms superior court, HB 444..___________________________________489, 541, 573-574
Bible for chaplain, SR 38-A-------------------------------------------------------------------193 Birth certificate of adopted child, HB 513------------------------------------704, 777, 950, 983-984 Birth certificate, Issued on certain facts, HB 459 ______________________________________ 598, 711, 747
Birth certificates, superior courts to determine, SB 43 __________________________ 78, 152-153, 179-181, 368, 554-556, 595, 982, 987-990
Black, Fred, Jr., pay widow for funeral expenses, HR 103 ______________________________871, 903, 977 Blairsville, new charter, HB 495 ____________________________________________ 530-531, 678, 712, 727 Bleckley, Pulaski, Dodge county, advance costs in divorce cases, HB 496 ________________491, 543, 579 Blind voters, Illiterate or physically handicapped, pers<>ns may help, HB 204_ __________870, 910, 1004 Bloodworth, Mrs. John W., privileges of floor__________________________________________________855 Board of r.ontrol, duties transferred to state board of education, SB 15 ______ 32, 75, 93-94, 228, 249-250

INDEX

1015

Board of regents, to reorganize, HBL-----------------------------------------------85, 93, 104-105 Board of regents, to reorganize, SB L------------------------------------------------------29, 80 Bonds, shares, transfer by executors with will attached valid, SB 82___________________133, 315, 354
Bonds, time of issuance of an execution, SB 193-------------------------------------------528, 1'14 Book plate metal, authorize Governor to sell, SB 77-----------------------------------121, 538, 643 Borrowing power of Governor regulated, HB 14----------------------------------------121, 153, 232 Borrowing power of Governor regulated, SB 20----------------------------------------33-34, 75, 94 Bowman, unnecessary for voters to register each year, HB 32L________________________374, 423, 452
Boyett, Mrs. R. L., son, Bob, introduced to Senate----------------------------------------------361 Boykin, Congressman Frank, addresses Senate-------------------------------------------------308 Brannen, W. Herbert, reimbursed for medical expenses, HB 479______________871, 910-911, 1002-1003 Bridges, !\Irs. J. D., paid benefits for death of husband in state guard, HR 133__________709, 779, 997 BBrriinttsaoinn,, MDro.seM, . pLre.,sepnrteesdenttoedSteonSaetena--te-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_980218
Brumby, Otis, introduced to Senate-----------------------------------------------------------527 Brunswick city court, salary solicitor, HB 130----------------------------------------174, 243, 277 BBrruunnsswwiicckk, pcelnossieoncecl'i!taylnemalpleloyy, eHesB, H5B892-7-7-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_1_0__6_,_ 277348,, 279801,-738224, -382358
Brunswick, use Palmetto Square for tourist camp, HB 647-----------------------------841, 878, 912 Budget message of Governor-----------------------------------------------------------------53-61 BBuudegneat Vmiestsas,agsealoarfyGmovaeyronror$, 5j0o0i.n0t0,seHssBion2,09H_R___1_8_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-2-7-0---2-1-'1-,--3-1498, -34496 Bulloch county, salary clerk superior court, HB 453______________________________ _489-490, 541, 575 Bulloch tax commissioner, provide fees, HB 316_______________________________373-374, 423, 451-452 Burch, R. F., permission to sue state, SR 62______________________________________612, 736, 785-786
Burglary, capital punishment, HB 148---------------------------------------------------------530 Butane gas, public service commission to regulate, HB 68__________________________370, 447, 551-554 Butts county, salary of clerk, HB 349________________________________________________375, 424, 453
c
Camp, Judge R. Earl, privileges -of floor________________________________________________________332 Camp Stewart, request government to fence anti-aircraft base, HR 102 __________________708, 739, 800
Campaign expenditures limited, SB 130--------------------------------------------------------309 Campaign expenses for Governor limited, SB 1L________________31, 75, 83-84, 407-408, 649, 940-941
Candler county, fix salary of clerk, HB 474------------------------------------------490, 542, 576 Carithers, Jack, privileges of floor-------------------------------------------------------------129 Carmichael, Jimmy, addresses Senate----------------------------------------------------------851 Carrier pigeons, unlawful to shoot, HB 296_______________________________________511, 543, 608-609 Carroll county, create board of commissioners, HB 462____________________ 490, 586,-587, 624-630, 675 Carroll county, salary of jailer, HB 324__________________________________________374, 472, 495, 538
Carrollton, fl. fas. for licenses, SB 89---------------------------------------189-199, 381, 399, 595 Cartersville, city court abolished, SB 172---------------------------------------------437, 471, 613 CCaattoooossaa ccoouunnttyy,, ccrreeaattee ocfiftyicecooufrtc,omSBmi2ss2io0n-e-r-, -H--B---2-7-4-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-3-1-'-1-, -4-2-2-,6144'19 Catoosa county, repeal act abolishing board commissioners, HB 273_____________________371, 422, 449 Certified public accountants, communications with clients confidential, HB 302______________ 728, 776
Certified shorthand reporters law, SB 105--------------------------------------------236, 445, 557 Change of names; manner; petition; SB 40__________________________________64, 138, 167, 333, 359 Charlton county, deeded lands, SR 28__________________________________ 121, 140, 164, 228, 245-248 CharUon county, pay sheriff for home defense, SB 124_________________________284-285, 316, 342-343 Chatham superior court, salary woman bailiff, SB 206____________________________594, 620, 654, 721 Chattahoochee county, reduce board of commissioners to three members, HB 372________376, 424, 454 Chattahoochee county, superior court terms, SB 63 ________________________________ 110, 139, 154, 485 Chattooga county, amend act abolishing board of commissioners, HB 354________________375, 424, 453 Chattooga county, juvenile courts, HB 356____________________________________________ 488, 540, 572 Chattooga county, salary judge city court, HB 355 _____________________________________375, 424, 453 Chenille machine, donated by Glenn Looper, originator, for state museum, HR 169________________934 Cherokee county, pay costs for trial of misdemeanor convicts, HB 558__________________705, 737, 780 Clayton county, hours for polls to open and close, HB 541_____________________________704, 737, 780
CCllaarrkkee ccoouunnttyy,, fceaensdiidnatdeisvonracme ecaospesp,onHeBnts4,73H_B___8_8_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_2_46980,, 534127,, 537463 Clarke county, operate hospital, HB 466__________________________________________ 490, 542, 575-576 Claxton, to be deeded certain land by state for use of farmers, HR 75 _______________378, 494-495, 609 Claxton, salaries of officials, HB 434________________________________________________468, 494, 520 Clayton county, commissioner's pay repealed, HB 599__________________________________706, 738, 783 Clayton county, create office commissioner, HB 249 _______________________ 272, 382, 402-405, 444-445 Clayton county, repeal board commissioners, HB 248______________________________ 272, 382, 401, 444 Clayton county, tax commissioner act repealed, HB 171________________________________269, 318, 345 Clayton county, zoning act repeal, HB 170 _________________________________________ 269, 318, 344-345
Clayton, commissioners acts amended, re-establish Pandandle district, HB 247_______370, 422, 448-449 Clerks' fees, In counties of less than 65,000, HB 240________________________________728, 811, 848-849
Clinch county court created, HB 110-------------------------------------------------117, 140, 155

1016

INDEX

Clinch county, vacancy In office of solicitor to be filled by appointment of Governor, HB 400--------------------------------------------------------------377. 425, 456
Cobb county, authorizing leasing of county farm, HB 386______________________________377, 425, 455
CCoobbbb ccoouunnttyy,, pcloamnnmiinsgsiocnoemr'ms iscsoimonp,enHsBatio9n5,__H__B__9__6_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-1-1-61-11177,, 114400,, 115555
Cobb county, salary of treasurer, HB 546---------------------------------------------567, 604, 623 Collins, to Incorporate, SB 155--------------------------------------------------415, 446, 472, 596 Collins, repeal charter, SB 158--------------------------------------------------415, 446, 473, 596 Colqult, salary for mayor, HB 512----------------------------------------------------514, 544, 580 Columbia county, from fee to salary system, SB 133 ______________________________309, 381, 399, 696
Columbus, salaries city court, HB 18---------------------------------------------172, 241, 275-276 Commerce, registration books, HB 99---------------------------------------------268, 290, 321-322 Commissioned officers, ex-officio notaries public, HB 454-----------------------------170, 811, 1001 Commissioner of agriculture, term extended, SB 2L__________________________34, 76, 94-95, 227-228
Commissioner of labor, fix salary, HB 235--------------------------------------------487, 540, 591 Commissioner of labor, may fix rules for prevention of accidents, SB 196 ____________________529, 910

COMMITTEE REPORTS (MINORITY)
SR 70, Investigate Henry Grady Hotel property, value, rentals, etC---------------------830-832 SB 79, liquor law, to repeaL-----------------------------------------------------------569 HB 281, Northeastern judicial circuit, salary for solicltor---------------------------------874

COMMITTEE REPORTS (STANDING)

Agrlculture__________________________________176, 336, 493, 535, 600-601, 671672, 843, 874. 903
Amendments to the Constltutlon______ 72, 151-152, 192, 237, 312, 470, 616, 651-652, 731-732, 772, 807, 846, 873
Approprlatlons_________________________________________________90, 150-151, 469-470, 905-906

Aviation ------------------------------------------------------------------------------492 Banks and banklng---------------------------------------------------122, 266, 337. 602, 651

Conservation----------------------------------------------------------419, 492, 672-673, 844 Counties and county matters-

91, 136, 152, 239, 313-314, 337, 380, 420-422, 439-440, 469, 516, 531, 532-533. 568, 601,

618-~19, 674, 709-710, 733, 773, 806, 808, 809, 843, 845, 872, 903, 945.

Drainage Education

---and

------public

-s-c-h-o-o-ls-_-_-_-_-_-_-_-_-_-_-n--,--9-0-,-

----------------101-102, 149-150,

- ----441-442,

--------468, 534,

- ___531, 600 734, 875-876

Engrosslng-

28-29, 73, 86-87, 96, 106, 118, 129-130, 158, 175, 184, 199, 231, 254-255, 282, 293-294,

336, 350, 378-379, 413, 434-435, 463, 475, 514, 520-521, 601-602, 615-616, 646, 663, 687-688.

702, 722, 763, 784, 826-827. 846, 867-868, 892-893, 956.

Enrollment-

50, 66, 117-118, 158, 165, 198-199, 231, 254, 255, 294, 328-329, 350-351, 379, 390, 463,

475-47~. 514-515, 521, 550-551, 587, 606, 645, 663, 687, 763-764, 785, 827. 868, 893, 941, 1009-1011. Flnance________72, 121-122, 238-239, 311, 338-339, 469, 535-536, 616-617, 720, 774, 810, 843, 906

Game and flsh---------------------------------------------10-71, 122, 151, 238, 532, 774-775 General judiciary number I-

135, 137, 152, 223, 236-237, 312, 380-381, 396, 440, 535, 616, 651, 673, 732, 807, 844-845,

845-846, 905.

General judiciary number II----------------------------------135, 191, 237, 533, 650-651, 873 Highways and public roads_------------- ___________ ----- _______________ ----- ___________ 439 Hygiene and sanltatlon___________________________________339, 438, 617, 720, 876, 904, 909-910

Industrial relations-------------------------------------------191, 468-469, 618. 735, 872, 904 Insurance------------------------------------------------238, 396, 516,517, 771-772, 773, 875 Interstate co-operative committee of councils of state government--------------------------420
MMallnltuafrayctaufrfeaslr-s-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-1-5-0-,--3-3-8-,--4-4-1-, -5-3-4-,--8-7-4-,--9-0-34-93094

Motor vehicles --------------------------------------------------------191, 238, 311-312, 874 Municipal government-
150, 287-288, 310-311, 379, 395, 419-420, 438-439, 493, 515-516, 536, 568, 617-618, 619, 671, 673, 710, 731, 733-734, 775, 807, 809-810, 844, 872-873, 944-945 Pensions --------------------------------- ______ ----------------------- ________________772 Penitentiary---------------------------------------------441, 534-535, 673-674, 120-721, 875 Privileges and elections---------------------------------------------------------671, 904-905 Public library--------------------------------------------266, 533-534, 568-569, 617, 844, 873 Public printing________ ------------------------------------------------ _________ 136-137, 313 Public property---------------------------------------------------135-136, 420, 732, 807-808 Public utilities ______ -------------------- __ --------------------------- _________________809 Public welfare_____________ ---------------------------------------------------~--- _175, 440 Rules___________________ ----------------- ________ ----------------------- ___ 137, 794-795, 813
Special judlclarY------------------------------------288, 337, 492-493, 515, 672, 721, 774, 808

INDEX

1017

State of Republlc71-72, 90-91, 101, 151, 176, 222, 266, 310, 338, 380, 396-397, 438, 440-441, 533, 567,
602-603, 650, 719, 734-735, 773-774, 806, 808-809, 845, 875, 905, 945-946 State sanitarium ----------------------------------------------------------------------289 Temperance------------------------------------------------------------3J5-396, 669, 719-720 Training schools-------------------------------------------------------------------192, 339 University system of Georgia------------------------------------------------79, 101, 515, 650 Western and Atlantic rallroad-----------------------------------------------------------492
COMMITTEE REPORTS (SPECIAL)
Investigate Henry Grady Hotel rentals and value of property, SR 70___________________794-795 SB 54 cede property to Grlffln______________________________________________________327-328
10-day session to adjourn----------------------------------------------------------------68
COMMI'M'EES, SPECIAL
Election returns commlttee---------------------------------------------------------------14 Escort Beardsley RumL-----------------------------------------------------------------401 Escort Brig. Gen Eric Fisher Wood--------------------------------------------------189, 198 Escort Doorkeeper Griffln----------------------------------------------------------------10 Escort Governor ----------------------------------------------------------------------659 Escort Governor, joint session, HR 18-----------------------------------------------------49 EEssccoorrtt BMoens.seFnrgeedr MWlclAllalmllss_t_e_r_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_4_7l6l
Escort Miss Lily Pons------------------------------------------------------------------184 Escort President Gross_____ ------ _______________ ----------- ___ -------------- ______________8
Escort President Gross------------------------------------------------------------------525 Escort President Pro Tempore Atklnson---------------------------------------------------10 IEnsacuogrturaSlecersectoarrty coNmemvllntt_e_e__________________________-_-_-_-_________________________________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-l-3-,--184
IInnvauesgtuigraalte pprroogprearmty ctoombemcletdteede-G--rl-f--f-ln--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_9_.25113 Mansion site lease commission, Investigate Henry Grady Hotel property, SR 70____________ 795 Notify Governor, 10-day session convened----------------------------------------------9, 12 Notify Governor, 10-day session to adjourn, HR 23-------------------------------------65, 67 Notify Governor, regular session convened, SR 18____________________________________70, 73-74 Notify Governor, regular session convened, HR 25------------------------------------------73 Notify Governor General Assembly ready to adjourn sine die, HR 174-___________994, 1001-1002 "CComommpoannytr"ustto fduenndost,e tospaeuctihalorpizaer,tnSeBrs, 1S4B2-1-8--9-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_353055,, 537918,, 741651,, 990087 Comptroller general, fix salary, HB 66_________________________________________________97, 177, 232
Compulsory school attendance, 6 to 16, HB 24----------------------------133, 736, 798-799, 814-815 Confederate pensions, to Increase, HB 56---------------------------------------------------286-776
CONFERENCE COMMITTEE REPORTS
HB 11, teacher retirement system---------------------------------------------------941-942 HB 12, game and fish commlssion---------------------------------------------------229-230 HB 16, agricultural and industrial board---------------------------------------------939-940 HHBB 1677,, smaelarirty sdyesptuetmy -I-n-s-u-r-a-n-c-e--c-o-m--m--l-ss-l-o-n-e-r-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_2__4985-32-94594 HB 174, homestead exemption, household furnlture ________________________________________719 HB 251, unemployment compensation, employer experience rating______________________966-969 HB 258, auto tags, April 1st deadline to purchase----------------------------------------987 HB 306, Lamar county, create board of commissloners________________________________685-686 HB 341, Lamar county, repeal advisory board________________________________________685-686
HB 437, DeKalb county waterworks advisory board---------------------------------------953 HB 601, Richmond county, $15.00 deposit In divorce cases----------------------------984-985 SB 5, pardon and parole board------------------------------------------------------253-254 SB 8, state audltor---------------------------------------------------------------------163 SR 31, $600.00 compensation for members of General AssemblY------------------------927-928 SR 32, 60-day session General Assembly, aboll.sh 10-day sesslon______________________928-929 SB 43, birth certificates -----------------------------------------------------------987-990 SB 174, sulphur content of gasollne-------------------------------------------------991-993 Convict camps, provide religious service, SB 102-------------------------------------------235, 876 Convicts, 16-18, commit to training school, SB 86-----------------------------149, 192, 300, 486, 502 Convicts, hire for farm work during war, HB 632----------------------------841-842, 877, 1005-1006 Convicts, Insane remove to Milledgeville, SB 198----------------------------------529, 676, 715-716 CCoonnvviiccttss,, sreecgerievgiantge sftiartsitonosf,fetnodesresg, reHgBate2,17S_B__1__9_9_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_5__2_9_,__741108, , 744438, , 1505082 Cook, Eugene, extension Income tax returns for Senators_____________________ -------------------611 Cooke, Mrs. Eugene, privileges of the floor _______________________________ ---------------------686 Cooper, Mrs. B. T., Introduced to Senate-------------------------------------------------------765

1018

INDEX

Cooperate with President Roosevelt, SR 11-----------------------------------------------34, 76, 80 Cooperate with President Roosevelt, HR 12----------------------------------------------85, 92, 103 Cooperative associations, non-profit, charter 50 years, HB 333_____________ 467, 494, 593, 799-800, 836 Corporation suits, officers reimbursed, SB 135_________________________________________309, 341, 434 Costs in criminal C"-'>es, In county on fee system, SB 109________________________________________ 257
Costs, supreme court and court of appeals, to revise, SB 50------------------99, 138, 182, 332, 432-433 County boards of education, $5.00 per diem, HB 9L _______________________________370, 447, 607, 652 County boards of education, how selected In counties of less than 5 militia districts, HB 385______ 703 County boards of health, neighboring towns represented, HB 125__335, 527, 739-740, 963, 983, 1004-1005 County ordinances, misdemeanor to violate, SB 160________________________________ 415, 446, 499, 662 County school superintendents, annual report to grand jury, HB 215____________ 769, 877, 914-916, 935 County school superintendents, clerical help, HB 73---------------------------------97, 102, 430-431 Court reporters, judge may fix salary, SB 83 __________________________________________________ 133 Court reporters, compensation In criminal cases, SB 55________________________ 100, 139, 178, 486, 586 Coweta judicial circuit, compensation court reporters, HB 346___________________________487, 544, 572 Coxon, Mrs. Helen Williams, greetings from Senate_____________________________________________ 224 Crawford county, four commissioner districts, HB 326__________________________________374, 423, 452 Crawford county, two terms superior court, HB 366____________________________________376, 424, 454 Credit unions, regulated !Ike banks, SB 171______________________________________ 437, 539, 610, 908
Criminal trials, judge to fix sentences, SB 35-------------------------------------------63, 138, 166 Cruiser Atlanta, bond drive, HR 11---------------------------------------------------------49, 50 Cull fruits and vegetables, unlawful to sell, SB 194_________________________________________528-529
Cusseta, build water works, HB 224----------------------------------------------271, 319, 346-347
D
Dade county, $100.00 per month to sheriff for home guard duty, HB 364_ ________________376, 424, 454 Dade county, pay sheriff for home defense, SB 123_______________________________ 284, 317, 342, 696 Dade county, pay sheriff $75.00 month extra, SB 242_______________________________________769, 947 Dade county, $75.00 month extra for sheriff, SB 227___________________________________695, 736, 947
Dalton bedspread manufacturers, present spreads-------------------------------------------291-292 DDaanniceelshvailllles,, asbuoslpiesnhdcpitayrtcooufrtt,axH, BSR574L3_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_3_1__0_,__3_4_1_,_669125
Danielsville, regulate streets for business purposes, HB 304________________________ 372-373, 423, 451 Dantzler, Mrs. J. 0., introduced to Senate______________________________________________________ 854
Darien city court, elect judge, HB 92---------------------------------------------174, 243, 276-277 Darien, close certain streets, HB 590_________________________________________________706, 738, 782
Davisboro, elect city clerk, HB 394---------------------------------------------------467, 518, 547 Dawson county, abolish tax receiver and tax collector, HB 134__________________221-222, 243, 277-278 Dawson county, create commissioner roads and revenue, HB 192 ________________________ 222, 243, 278 Dawson county, repeal board of commissioners, HB 264________________________________371, 422, 449 Dean, James C. and George Colquitt, Jr., named assistant messengers ____________________________ 834 Dean, llrs. Wm. T., presented to Senate_______________________________________________________658 Decatur county, air space safety zones established, HB 270_____________________________ 371, 494, 519
Decatur, salaries in city court, HB 262--------------------------------------------287, 320, 348-349 Deeds, attested to by army or navy officers, SB 98________________________________ 220-221, 315, 355
Defense, coordinate state and national, HB 554----------------------------------------804, 877, 902 Defense, coordinate state and national, SB 187---------------------------------------505, 539, 825 DeKalb county, amend act abolishing tax receiver and collector, HB 360____________376, 424, 453-454 DeKalb county, board of education members ineligible to succeed themselves, HB 282_ __ 371, 422, 449 DeKalb county, examination for electricians, HB 36L__________________________________ 703, 737, 'i79 DeKalb county, fix date primary elections, HB 359____________________________________ 375, 424, 453 DeKalb county, increase coroner's fees, HB 197_______________________________________ 486, 540, 572 DeKalb county, or Fulton county, acquire land for parks, HB 539_______________________________704
DeKalb county, planning commission, HB 440-----------------------------------------598, 621, 654 DeKalb county, separate registered voters' lists each precinct, HB 196______________ 270, 319, 345-346 DeKalb county, waterworks advisory board, HB 437______________ 488-489, 737, 826, 836, 851, 953, 972
Dennis, Mrs. A. Belmont, privileges of floo<----------------------------------------------------901 Dental nurses, hygienists, examination and license, HB 19__________________________________ 465, 620 Dentistry, license to practice, SB 157_________________________________________________ 415, 446, 499
Dentistry licenses, without examination, SB 93------------------------------------------------190 Department of health, salary of director, HB 108 ______________________________________ 287, 318, 525 Department of law reorganized, SB 12__________________________________32, 75, 141, 200-203, 314, 410
Department of natural resources, to abolish, HB 156-----------------------------------269, 381, 409 Department of natural resources, to abolish, SB 57_____________________________________________ 109 Department of public safety reorganized, SB 46________________________89, 102, 127-128, 194, 195-196 Department of revenue, to abolish, HB 124-___________________________ 174, 234, 359-360, 383-387, 392 Department of revenue, to abolish, SB 49 _______________________________________________________ 99
Deputy Insurance commissioner, fix salary, SB 67____________________ 111, 242-243, 523, 948, 953-954 Deputy Insurance commissioner, fix salary HB 67---------------------------------173, 293, 595, 718 Disbarment proceedings, fix time, HB 22----------------------------------------------116, 139, 245 DDiivvoorrccee ccaasseess,, r$e1q0u.0ir0e dpeapyomsiet nItnsotfeacdosotsf, $S6B.004, 8S-B--3-1-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-5--2-, -29203

INDEX

1019

Dodge county, audit books, HB 575___________________________________________________615, 678, 713 Dodge county, publish list of registered voters, HB 629________________________________771, 812, 850 Dooly county, change terms of commissioners, HB 334-----------------------+--------375, 518, 547 Dooly county, change terms of commissioners, HB 390__________________________________________377 Dougherty county, candidates designate opponents, HB 6L_____________________________173, 242, 276 Dougherty county, furnish law books, HR 94_____________________________491, 544, 580-581, 630-631 Dougherty county, licenses and occupation taxes, HB 63 ___________________________116, 140, 154-155
Douglas, amend charter, HB 497-----------------------------------------------------513, 540, 579 Douglas county, clerical help for commissioner, HB 445__________________________489, 541, 574, 702 Douglas county, create board of commissioners, HB 447 ________________________________________ 489 Douglas county, create office of commissioner, HB 344__________________________________________487 Douglas, zone city, HB 327__________________________________________________________467, 543, 572 Drunkenness, In public places, SB 136_____________________________________309-310, 397-398, 460-461
Dublin, suspension of employees, SB 221-----------------------------------------611, 110, 739, 838
E
East Point, zoning laws, HB 609 _____________________________________________________729, 812, 849 Eatonton, elect city clerk, HB 396____________________________________________________467, 518, 457 Echols county, three commissioner districts, HB 404________________________________377-378, 425, 456
Eighteenth district, Senator elected--------------------------------------------------------------7 Elbert county, raise salary of clerk, HB 250 __________________________________________ 273, 320, 348 Elbert county, raise salary commissioners, HB 255_ ___________________________________ 273, 320, 348 Election canvassing board, to create, HB 149______________________________465-466, 677, 746-747, 909
EElleecctit<i>onn rreettuurrnnss, ctao ncvaanvsassesd, -S-R---4-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_1_49-, 1153 Elections, blank forms, tally sheets, HB 150 __________________________________________ 466, 611, 866 Elections, other than primary, candidate's party must show 5% of
registered voters, HB 162_____________________________________________466, 611, 861, 954, 995 Elections, primary, chairman political party certify candidates with
secretary of state, HB 164_____________________________________________________466, 617, 995 Elections, primary and general, fix time, SB 96_____________________________ 220, 340, 408, 982, 986 Eleemosynary Institutions, board of directors, SB 100__________________________________221, 289, 327 Eleemosynary institutions, propagate gospel, HB 172_______________________________ 269-270, 318, 389 Ellis health law, to amend, HB 222 ___________________________________________________770, 811, 913 Emanuel county, abolish tax receiver and collector, HB 533 ____________________________599, 621, 656 Embalming, state board created, S!;l 94______________________________ 220, 267, 306-307, 649, 688-689 Emergency transportation commission, to create, SB 168___________________________________437, 539 Entomology, director of, SB 170__________________________________________________ 437, 494, 689, 906 Estes, :\liss Eloise, Introduced to Senate_________________________________________________________ 10 Eubank, :\Irs. J. E., presented to Senate________________________________________________________658 Explosives, sale regulated, SB 19 _____________________________________________________33, 340, 383
F
Farm products, official trade-mark for Georgia, SB 146________________________________393, 676, 743 Farmers' markets, limit number of dealers, HB 410 ______________________________________________841 Farm labor appropriation bill, HJR 96, Congress urged to adopt, SR 71 __________________________854 Farm products, Secretary Wickard urged to remove restrictions, HR 16L_______________806, 848, 926 Fertilizer Inspectors, amend code, HB 236 _______________________________________________511, 939 Fertilizer, registration and reports, HB 428 _____________________________________615, 678, 922, 1004 Fertilizer, 25% penalty when plant food value is off 10% or more, HB 243 ______531, 592-593, 671, 919 l'iduclaries, intermediate reports, SB 84______________________________ 133, 315, 354-355, 406-407, 908 Fiduciaries, joint control of money or assets, HB 455 _______________________________511, 621, 897-898 Fiduciaries, sale of notes regulated, HB 33 __________________________________134, 242, 281, 293, 607 Fiduciaries, sale of notes regulated, SB 22 ____________________________________34, 138, 166, 442, 458 Fiduciaries, sell stocks and bonds, SB 24_ __________________________________________34, 138, 166-167 Fiduciaries, sell stocks on exchange, HB 3L __________________________________ 134, 242, 281-282, 3g Finance commission, to establish, SB 9__________________________________________31, 74-75, 94, 195 Firemen, wartime moblllzatl<>n, HB 553 _______________________________________________804, 877, 978
FFiirreinmgenw, owodarst,immeadmeobfeillioznayti,onH, BSB5717 _8_6_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-8-0-4-580045,, 874757,, 895386 Flour and bread, regulate manufacture of, SB 143 _________________________________369, 398, 498-499 Foley, Frank D., named member W. & A. railroad commission, HB 82__________________ 378, 495, 548 Food, drugs, legal if complying with federal law, SB 214______________________________612, 110, 826 Food shortage, urge federal government to forestall, SR 5L___________________394, 447, 559-560, 907 Forester, :\Irs. Elbert and daughter, Sandra Fay, introduced to Senate___________________________ 527 Forsyth, close up streets, HB 268 _____________________________________________274, 291, 324, 456-457
Forsyth county, correct voters list, HB 309-----------------------------------------------------313 Forsyth county, create board commissl<>ners, SB 128___________________________308, 381, 405-406, 445 Forsyth county, repeal board of commissioners, HB 532_____________________________________649-650 Forsyth county, tax assessor advisors, HB 308______________ ---------------------------------- 373

1020

INDEX

Forsyth county, two terms superior court, HB 293----------------------------------------------487 Fowler, James Raymond, named aBSistant messenger for daY------------------------------------244 Fraternal Insurance, revise laws, SB 169---------------------------437, 517, 664, 679-681, 909, 914 Fulton county, amend pollee and firemen pensions, HB 580-----------------------------105, 737, 781 Fulton county, create civil service board, HB 189____________________________-486, 659, 747-762, 826
Fulton county, create pension board, SB 179---------------------------------479, 517, 546, 767, 994 Fulton county, employees In consolidated department share In pensions, SB 225__________695, 735, 947 Fulton county, employees of consolidated departments continue pension
payments, SB 226------------------------------------------------695, 735-736, 946, 998-1000 Fulton county, fix salaries of officials, HB 329------------------------------------------------374 Fulton county, master electricians examination, SB 6L___________________________ 110, 139, 154, 485
Fulton county, naturalization of voters, SB 176----------------------------------479, 517, 545, 936 Fulton county, operate schools 24-hour basis, HB 369---------------------------------376, 448, 474 Fulton county, pension for Mrs. Charles E. Lyle, HB 55L--------------------------------------599 Fulton county, photostatic equipment for records, SB 201---------------------594, 620, 654, 909, 929 Fulton county, pollee pensions amended, SB 120--------------------------284, 316, 342, 486, 501-502 Fulton county, precinct areas, SB 175--------------------------------------------479, 517, 545, 936 Fulton county, preserve applications for ballots, SB 177___________________ 479, 517, 545-546, 936-937
Fulton county, slum clearance, HB 153------------------------------------------------486, 540, 571 Fulton county, supplementing funds board of education, SB 41______________64, 93, 103-104, 259, 303 Fulton county, voters must vote In home precinct, SB 203 _________________________564, 603, 623, 937

G
GalnesviJJe retirement funds, amended, HB 635------------------------------------771, 813, 850-851 Game and fish commission, to create, HB 12------------------------------115, 123, 158-160, 228-231 Game and fish commission, to create, SB 13-----------------------------------------32, 75, 124-125 Gardner, Frank L., privileges of floor---------------------------------------------------------834 Garnishments, $500 exemption deceased, employee, SB 153______________________________ 394, 446, 662 Garrett, L. T., pay $135.25 for damage to truck, SR 64__________________________________________659
Gasoline, kerosene, flash points, HB 233--------------------------------------------------703, 828 Gasoline, sulphur content, SB 174_________________ 479, 539, 689-690, 971, 974-976, 983, 991-993, 1001 Gasoline tax, abolish exemption to federal government, HB 596_________________________841, 892, 974 Gasoline tax, abolish exemption to federal government, SB 243__________________________________ 804
Gasoline tax, exempt agricultural purposes, SB 76------------------------------------------121-122 Gasoline tax, exempt aviation gasoline, SR 66--------------------------------728, 828, 860-861, 1006 Gasoline tax, exempt farm operations, SB 69--------------------------------------------------111 Gasoline tax, levy on consumer, deductible from Income tax, SB 70____________ 120, 241, 279-280, 696 Gasoline tax, report to comptroller last day of month, SB 218__________________________648, 710, 743 Gasoline truck tax, $10.00, repealed, SB 92---------------------------------------190, 224, 306, 696 General election, August blenlally, SB 145------------------------------369, 398, 681, 948, 972, 983 "George Plan" federal Income taxes, to endorse, SR 23------------------------------------------78 "George Plan" federal Income taxes, to endorse, HR 30________________________________97, 123, 251
George, Senator Walter F., letter on SR 29-----------------------------------------------------411 Gibson, amend act Incorporating, HB 478-----------------------------------------511-512, 542, 577 Gilmer county, create county commissioner, HB 418-----------------------------------419, 448, 475 Gilmer county, repeal office of commissioner, HB 417______________________________ 419, 448, 474-475 Glascock county, create board of commissioners, HB 12L__________________________ 268-269, 318, 344 Glascock county, prohibit commissioners being employed by county, HB 120____________ 268, 318, 344 Glascock county, repeal board of commissioners, HB 328________________________________ 374, 423, 452
Glascock county, traveling expense commissioners, HB 36-----------------------------------116, 153 Glynn county, abolish J. P., HB 548-------------------------------------------------599, 622, 657 Glynn county, declare proper name of "Sea Island", HR 142__________________________ 709, 739, 784 Glynn county, safeguard reserve fund, HB 13L_______________________________________;221, 243, 277
Glynn county, state properties commission, sell land, HR 137--------------------------709, 739, 784 Goddard, Pete, relieved on bond of Noah Grimes, HR 7L_____________________________ _491, 519, 548
Gordon county, salary of commissioner, HB 432---------------------------------------488, 541, 573 Governor Arnall, addresses Senate-------------------------------------------------------------329 Governor Arnall, joint session for message, HR 140----------------------------------------------606 Governor's address, March 3, 1943---------------------------------------------------------664-669 Governor, to addreBB joint session, HR 15L----------------------------------------------------664 GGoravnedrnojurrireesm, ocvoendtinfruoemd Ibnoasredsssi,onS,BS1B02-2-3-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-6-9-4---63951,, 73755,, 88538, -815179
Griffin, A. Perry, elected doorkeeper------------------------------------------------------------10 Griffin, A. Perry, presented gift In appreciation of services as doorkeeper _______________________ 1000 Griffin, ceded Camp Northern property, SB 54____________________________99, 223, 251, 696, 717-718
GGrroossss,, SPerensaitdoernFt rFanraknkC.,Ce.,lepcateidd ptrr1ebsulted_e_n__L_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-5-285 Gross, President Frank C., presented gift In appreciation of servlces____________________________ 1000
GroBB, Joel C., Introduced to Senate-----------------------------------------------------------502 Group hospital service, public welfare department must approve, SB 18L_______________ 480, 520, 714 Guardians, define power .wting for Incompetents, HB 541-----------------------650, 678-679, 686, 746

INDEX

1021

H

Habersham county, abolish city court, HB 5L-------------------------------------------------113
Hall, Howell, privileges of floor---------------------------------------------------------------815 Hapeville, zoning ordinances, HB 486------------------------------------------------- 512, 510, 605 Haralson county, recreate office of tax receiver and collector, HB 348--------------315, 423-424, 452
Harlem, zoning laws, HB 98---------------------------------------------------------268, 317, 343 Harris, Speaker Roy V., appreciation of services, SR 12----------------------------------------854 Harris, Speaker Roy V., thanks Senate--------------------------------------------------------866 Hendrix, Rev. F. J., Introduced to Senate------------------------------------------------------115 Henry county, abolish city court, HB 146-----------------------------------------------------114 Henry county, abolish city court, HB 501------------------------------------------------------513 Henry county, abolish city court, HB 626----------------------------------------- ____________730 Henry county, salary of clerk of commissioners, HB 587 ____________________________705-706, 738, 781 Henry county, salary of commissioners, HB 586________________________________________705, 738, 781

Henry county, 3 terms superior court, HB 621--------------------------------------------------111 Henry Grady Hotel, Investigate value and rentals of state property, SR 70____________769, 186, 829-832

Hill, Mrs. Albert !II., death deplored----------------------------------------------------------100 Hinesville, judge's salary, city court, HB 216------------------------------------------211, 319, 346
HHOolLidCa,yso,ppleogsael liaqnudidraetliiognio, uHs,RH1B5453-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--1-3-4-, --2-2-3---2-2-4-,--3-0-28-34023

Home gardening program endorsed, SR 48---------------------------------------- 369-370, 611, 142 Homestead exemption, applies under bona fide option
to purchase dwelling, SB 14L------------------------------------------334-335, 445, 498, 937 Homestead exemption, for persons in armed forces, SB 118_________________________ 284, 340-341, 430 Homestead exemption, "Homestead" defined, HB 419______________________530, 620-621, 896-897, 936

Homestead exemption, household furniture,

lllay Homestead

1st deadline, HB 174_ __ --------------------210, 341, 459-460, 565, 589-590, exemption, !\lay 1st deadline, HB 175___________________________________ 418,

118, 411,

151295, -512616

HHoomrsiecimdeeaot,f scahlield,prfoahthibeirtemd,ayHBrec8o1v_e_r_,__S_B__2__0_5_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_--2-6-1-,569033-, 519441,, 862526

Hotels. not responsible for loss over $300.00, HB 322--------------------------------A-_703, 116, 911 Housing authorities law, amended, SB 26_____________________________________51, 176-177, 226, 333 Housing for war Industries, SB 21____________________________________________51, 177, 226-227, 333

Housing, state director created, SB 28-----------------------------------------51-52, 111, 227, 333 Houston county, 5 commissioner districts, HB 513-------------------------------------105, 131, 780 Houston county, two terms superior court, SB llL ___________________________ 258, 316, 350, 485-486

Hull, regulate use of streets, SB 229----------------------------------------------695-696, 736, 938 Hull, streets for business purposes, HB 421__________________________________ 468, 519, 548, 644-645 Hundred-year leases, grants in perpetuity, SB 23___________________________________34, 538, 631-632

Hunting and fishing licenses, HB 337----------------------------------------487, 543-544, 608. 964 Husband and wife, compellable to give evidence, SB 91____________________________ 190, 289, 325-326

I
IInllaeuggituimraalteadcdhrieldss, , nGo odviesrcnroirmiAnartniao1nLa_g_a_i_n_s_t_,_H__B__3__4_0__--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-8__4_0__, _9_1_01,9-92966
Inaugural committee appointed, SR 5---------------------------------------------------------9, 13 IInnaauugguurraall epsrcoogrrtamcom__m_i_t_te_e_,__H__R__1__-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-------------------------------------_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-1-6--1139
IInncaoumgueratal xj,odinetduscetssaiolinm, oSnRy, 1H-B---1-5-4-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--4-8-6-, -1-1161, -91133 Income tax, deduction allowed for amortization of war facilities, HB 521____________ 566-567, 621, 901 Income tax, exclude recovery of bad debt, SB 237 __________________________________ 768, 810-811, 865 Income tax, exempt dividends from banks, HB 60__________________________________ 173, 267, 428, 566 Income tax, extension for Senators, SR 60 ____________________________________________________ 521
Income tax, Income of charitable Institutions exempted, HB 556------------------------840, 911, 973 Income tax, not necessary to verify, HB 238_______________________________________ 487, 116, 913-914 Income tax, $2,500 exemption, widow or widower with minor child, HB 422______________ 804, 910, 985 Independent school systems, share In Intangible revenue, HB 388_______________________598, 653, 797
Industrial board, to abolish, HB 160--------------------------------------------------114, 193, 225 Industrial board, to abolish, SB 80------------------------------------------------------------132 Insulin, furnished diabetics free by health dept., HB 524_ ______________________________ 840, 909, 911 Insurance agents, $5.00 fee, premium tax, HB 133 _________________________________615, 659-660, 854 Insurance commission, to create, SB 138 __________________________________334, 398, 459, 639-642, 658 Insurance premium tax, reduced for companies Investing In war bonds, SB 235 __________ 768, 810, 856 Intangible tax, reduce from $1.50 to $1.00 on F. H. A. loans, SB 20L _____________563, 619, 194, 815 Interstate cooperative committee, pay expenses, SR 50 ______________________394, 425-426, 559, 1002 Invalid wills, attorneys' fees allowed, HB 182 _________________________________________ 839, 893, 985

J
Jackson, extend cemetery boundaries, HB 24L_________________________________________ 272, 320, 348 Jeff Davis county, urge farmers' markets, HR 110----------------------------------------------934

1022

INDEX

Jefferson county, fees in divorce cases, HB 557---------------------------------------105, 737, 780 Jefferson county, furnish supreme court report, HR 129________________________________ 709, 779, 814 Jenkins county, abolish tax receiver and collector, SB 236 __________________________________ 768, 947 Jenkins county, dispense with quarterly reports, SB 208 ________________________594, 620, 654, 721-722 Jewish homeland In Palestine, endorsed, HR 13L _______________________________________________546 J. P.'s compensated In criminal cases, HB 93__________________________________________530, 114, 794 J. P. dockets, blank forms, HB 94________________________________________________370, 399, 526-527 J. P. dockets, 1st day of 1st term superior court, HB 535__________________________ 770, 847, 924-925 J. P., N. P., $2.45 deposit in civil cases, SB 33 _______________________52, 240, 279, 293, 408, 634-635 Judge, policyholder mutual insurance company, not disqualified, SB 126 _____ 285, 397, 460, 613, 638-639 Judge emeritus, office created, SB 90 ____________________________ 190, 315, 387, 649, 686-687, 857-858
Juliette Low Girl Scout Day, HR 115----------------------------------------------108, 778, 893-894 Jury box, petition to place name in, SB 101__________________________________________ 235, 381, 410
K
Kell, Capt. Mcintosh, urge naming U. S. destroyer in his honor, HR 171________________________ 934 Kennedy, lllr. and lllrs. J. C., Jr., privileges of flooL-------------------------------------------521
L
LaCount, J. M., relieved on bond of Dave Meadow, HR 95 __________________________ 492, 519, 548-549 LaGrange, extend city limits, HB 141________________________________________________269, 318, 344 Lamar county, create board of commissioners, HB 306 373, 518, 549-550, 551, 565, 636, 676, 685-686, 876 Lamar county, repeal board of commissioners, HB 341___ 375, 518, 550, 551, 565, 636, 616, 685-686, 876 Land registration act amended, HB 35________________________________________________ 134, 193, 326 Landscape gardeners liens, SB 115___________________________________________________258, 340, 661 Lanier county, court abolished, HB 604_______________________________ ______________707, 738, 783 Lanier superior court, 4 terms, HB 605_______________________________________________707, 138, 783 Laurens superior court, library to furnish law books, SR 40 __________________ 221, 267, 292-293, 937 Leslie, enlarge duties tax assessor, HB 485 ____________________________________________512, 542, 577 Liberty county, salary board of commissioners, HB 289 ________________________________372, 422, 450 Life Insurance, Incontestible after two years, HB 49 ____________________________________________598 Liquor law, to repeal, SB 79 ________________________________________________ 132, 569-570, 670, 682
Loans to persons not members, HB 62-------------------------------------------267, 341, 522, 537 Long county, county attorney, HB 49L_______________________________________________512, 543, 578 Lumpkin county, abolish two commissioners, SB 103______________________ 235-236, 315-316, 349, 369 Lumpkin county, reducing board of commissioner by two members, HB 301______________ 336, 382, 400 Lunches for school children, levy tax, SB 166____________________________________ 437, 538, 589, 767
M
Macon county, abolish county treasurer, SB 184______________________________________480, 539, 675 Macon county, depository, HB 538________________________________________________________567, 678 Macon, fire hazards, HB 490_________________________________________________________512, 543, 578 Macon, re-enact city charter, SB 58 ______________________________________ 109, 153, 178, 333, 358-359 Macon, retirement employees water commissioner, HB 267______________________________ 274, 291, 324 Macon, supplementary pensions policemen, firemen, HB 207________________________ 270, 290-291, 322 Madison county academy, fix status, HB 303____________________________________372, 448, 474, 537 Mansion property, to extend lease, SB 232 ____________________________________________ 727 -728, 810 Mansion site lease commission created, SB 230 ________________________696, 136, 786, 829-833, 851-853 Mansion site lease commission? Senate expresses confidence in__________________________________865 lllanufacturlng plants, age limit night employees lowered to 18, SB 140 ________334, 398, 428, 725, 146 Marketing system for agriculture products, SR 57_________________________________480-481, 603, 691 Marriage licenses, to regulate, SB 56_________________________________________ 100, 340, 401, 787-790 Marietta, authorize purchase property for public streets, HB 259 ________________________ 273, 290, 323 Marietta, extend city limits, HB 472 ______________________________________________ 511, 570, 604-605
Marietta, extend sewer lines, HB 257-------------------------------------------------273, 290, 323 :llarletta, planning commission, HB 260 ______________________________________________ 273, 290, 32~ llarion county, pay premium on bond of treasurer, HB 395 _____________________________377, 425, 455 l\lelton, Wightman E., named poet laureate, SR 30__________________________________________ 141, 228 Merit system, to establish, SB 17_ _______________33, 102, 118, 123-124, 194, 224-225, 230, 240, 248-249 Meriwether county, compensation of treasurer, HB 287 __________________________311-372, 422, 449-450 Mesdames Lester, Simmons and Peterson, presented to Senate____________________________________ 401 :Message from Governor, extension auto tags _______________________________________________ l'i0-171 :Message from Governor, joint session to hear, HR 150 __________________________________________ 659 liessage from Governor, on sine die adjournment______________________________________________ l008 Message from Governor, 10-day session_________________________________________________________ 67 llletal date strips for auto tags, SR 33________________________________________111, 193, 251-252, 391
Military drill for boys, SR 16---------------------------------------------------52-53, 92, 108, 195 lllilltary forces, fresh pursuit, SB 16___________________________________________ 32-33, 339, 382, 613 lllllitary forces, special policemen, SB 18 __________________________________33, 339-340, 382-383, 613

INDEX

1023

Milk, evaporated, add cottonseed, soyb-ean or peanut oil, SB 106________________236, 340, 459, 556-557 Milledgeville, Old Capitol Square, $12,900.30 for street assessments, HR 158______871-872, 911, 997-998 Millen, abolish city court, SB 209----------------------------------------------------594, 620, 722 Millen, establish city court, SB 210 _____________________________________________594, 676, 711, 801 lliller, C. A., Introduced to Senate_____________________________________________________________ 527 Miller county, add one commissioner, HB 510_________________________________________513, 544, 579 lllller county, solicitor city court on salary, HB 511_______________________________ 513-514, 544, 579 Millican, Everett, Jr., named assistant messenger_ _____________________________________________ 724 Mineral Bluff, new charter, HB 631_ __________________________________________________________ 771 Minor children, year's support, SB 25_____________________________________________ 34, 138, 177-178
Minor children, year's support, HB 32--------------------------------------------134, 242, 280-281 !lltsdemeanor cases, judge grant probation prior to expiration of sentence, SB 233 ________ 728, 810, 856 Misdemeanor cases, motion to parole entertained by judge at any time, HB 53L _____________ 840, 893 Montgomery county, amend act new board commissioners, HB 622 _______________________________ 730 1\Iontgomery county, repeal act amending act, new board commissioners, HB 62L _________________ 730 Moore, Col. Sidney, privileges of floor_ _________________________________________________________ 200 Moore, Wiley, Invitation to barbecue accepted, HR 144__________________________________________ 639 Moore, Wiley, thanked f<>r barbecue, HR 163__________________________________________________ 865 llorgan, abD!ish city court, HB 487______________________________________________491, 543, 577-578 Morgan county, salary clerk of commissioners, SB 99__________________________ 221, 241, 275, 368-369 Morgan, Mr. and Mrs. Fred A., privileges of floor_ _____________________________________________ 593 Morrow, to Incorporate, HB 357_____________________________________________________ _467, 494, 519 Morse, A. J., presented to Senate______________________________________________________________829 Mortgages, bills of sale, renewal notices, SB 8L_________________________________ l33, 315, 354, 908 Mortgages, railroad corporations excluded from 7-yr. filing limitation, HB 89 ____ 335, 398-399, 433-434 Motor carrier, exclude vehicles hauling peanuts and peaches, HB 123 __________________ 269, 318, 459 Moultrie, create new charter, HB 449_________________________________________________ 489, 541, 575 1\Ioultrle, repeal sales and income tax, SB 238 ________________________________________ <68, 811, 947 Moultrie, repeal sales and Income tax, HB 644_ ____________________________________841, 878, 912, 957 llundy, Judge W. W., Introduced to Senate_____________________________________________________ 765 Murray county, working streets in incorporated towns, HB 295 ______________________ 372, 422-423, 450 Myers, J. M., privileges of floor----------------------------------------------------------- ____559
Me
McAllister, Fred, speech commended___________________________________________________________ 476 McAllister, Fred G., to address General Assembly, SR 45 ___________________________________ 329, 368 McClure, Col. C. 1\1., presents silver service to President Gross----------------------------------525 McCord, Mrs. J. Lawrence, privileges of floor ______ --------------------------------------------901 Mcintosh county, consolidate tax receiver and collecter. HB 299 ____________________ 3;2, 423, 450-451
N
Xarcotic drug act amended, SB 85_______________________________________________149, 223, 251, 282 Xatlonal highways, urge Congress to build after war, SR 52____________________________416, 447, 560 Xaturopathy, to license, SB 213 _____________________________________________________612, 653, 828 Neal, Ernest, death deplored__________________________________________________________________ l29 Xegro division, Georgia training school for girls, HB 44____________________________ 286, 341, 388-389
Nevln, Henry W., elected secretary-------------------------------------------------------------- 8 Xevin, Secretary Henry W., presented gift in appreciation of services__________________________ lOOO Xevin, Secretary Henry W., thanked for services, SR 27----------------------------------------100 Xew trial, judge "must" grant, HB 8L___________________________________________ 267, 317, 523-524 Xo fence law, exempt mountain areas, HB 143 ________________________________________ 269, 318, 344 Northeastern judicial circuit, salary for solicitor, HB 28L__________________________________ 804, 914 Xotlfy Governor, General Assembly ready to adjourn sine die, HR 174 __________________ 994, 1001-1002 Xotify Governor, regular session convened, SR 18 _________________________________________ 70, 73-74 Xotify Governor, regular session convened. HR 25 ______________________________________________ __ 73 Xotify Governor, 10-day session convened, SR 2_______________________________________________ 9, 12
Xotify House, regular session convened, SR 17--------------------------------------------------70 Notify House, Senate organized, SR L----------------------------------------------------------9
0
Ocmulgee bridge urged, SR 44-------------------------------------------------------------325, 368 Oconee county, consolidate tax receiver and tax collector, HB 199 ______________________ 222, 244, 278 O'Connor, Congressman John P., addresses Senate_______________________________________________ 308 Oden, Senator 46th, memoriam to Robert E. Lee ________________________________________________ 86 Official organs, status preserved for duration, SB 65 _______________________________ 110, 139, 183, 417 Oglethorpe, amend charter, registration voters, SB 42_______________________78, 152, 244-245, 333-334 Oglethorpe county, furnish court reports, HR 158__________________________________ 842, 8<8, 912, 913 Old records, departments authorized to destroy, HB 140________________________510, 570, 607-608, 861

1024

INDEX

OPA, urged to Increase kerosene alotment, HR 21------------------------------------------------85 Oysters, regulate production, HB 339-------------------------------------------------487, 544, 609 Oysters, shellfish, regulate sanitary conditions, SB 75_____________________________ 120, 153, 185, 260
p
Paint, Ingredients shown on labels, SB 95 ____________________________________________ 220, 340, 401
Palmetto, salaries of employees, HB 545----------------------------------------------129, 111, 814 Palmetto, two-thirds vote to sell electric plant, HB 544____________________________729, 111, 813-814 Paper bags, conform to war production orders, HR 119___________________805, 848, 902, 959-960, 1001 Pardon and parole board, consider misdemeanor cases, SR 59__________________506, 539, 742-743, 937 Pardon and parole board, to create, SB 5______________30, 91, 125-127, 193-194, 196-197, 230, 252-254 Park authority, Indefinite appointment by Governor, SB 167_ ____________________ _437, 538, 662, 785 ~rk committees authorized, SB 78______________________________________________ 121, 139, 168, 260
Parks, to be used for victory gardens, HB 504----------------------------------------770, 812, 938 Paulding county, registration of voters, SB 215-----------------------------------647, 693, 711, 937 Pauper's affidavit in lieu of bonds in foreclosure, SB 39 ____________________________64, 138, 167-168 Peach county, three terms superior court, HB 383 __________________________________ 488, 540-541, 573 Pearson, salary mayor, HB 105 ______________________________________________________ 268, 290, 322
Peace officers annuities, SB 183----------------------------------------------------------480, 686 Peanuts, fair price to farmers, SR 29------------------------------------------------133, 177, 227 Peanut, incentive payments, readjust program, HR 138------------------------------------------610 "Peanut Week" designated, SR 26------------------------------------------------------------ 79 Pecans, regulate sale of, HB 411----------------------------------------------------598, 678, 895 Pelham, zoning laws, HB 97---------------------------------------------------------268, 290, 321 Pembroke city court, fixed term and fees, HB 126 _____________________________________ 174, 243, 277 Pepperton, change city limits, HB 290------------------------------------------------372, 399, 426 Peterson, Congressman Hugh, letter on SR 29--------------------------------------------------412 Peterson, Jim, and wife, privileges of floor-----------------------------------------------------436 Pharmacy corps, request Congress to establish in army, HR 14L___________________842, 911, 994-995 Pickens county, abolish tax receiver and collector, HB 298____________________________372, 423, 450 Piedmont judicial circuit, pay court reporter, SB 104 _________________________________ 236, 289, 485 Pierce county, compensation commissioners, HB 234-__________________________________ 272, 320, 347 Pierce county, pay bond of sheriff, HB 569___________________________________________600, 622, 658
Pilcher, C. L., privileges of floor-------------------------------------------------------------244 Pipe lines, eminent domain, HB 256__________________________________ 466-467, 543, 565-566, 590-591 Pipe lines, tax returns to revenue commissioner, SB 185 _______________________________ 504, 539, 590 Pittman, Mrs. Claude C., privileges of floor_ ___________________________________________________991
Pittman, Dr. Marvin S., privileges of floor----------------------------------------------------342 Poll taxes, $3.00 re-establish delinquents, SB 44-___________________________________78, 102, 145-146 Pons, Miss Lily, Invited to Senate, SR 35______________________________________________________ 184 Pool tables, tax on miniature sizes, HB 118 ___________________________________________ 465, 620, 792 Post-war planning, urge industrial leaders to develop, HR 168_________________________ --------872 Power of attorney, death of person executing couples with interest in property, HB 430 ___ 703, 777, 918 Press, thanks members of Senate__________________________________________________________ 978-979 Principal, surrendering of, service by publication, HB 620_____________________________ 771, 812, 922 Prison board, relieved of pardons and paroles, SB 6____________________________30, 74, 127, 194, 198 Proportionate tax payments, release from liens, SB 5L_________________99, 138-139, 182, 388, 681-682 Prostitution, to prohibit In tourist camp, etc., HB 137----------------------------------510, 620, 949 Public service commission, com(>ensation from motor common carrier fees, HB 528 ___ 840, 892, 959, 982 Public welfare laws amended, SB 7L ________________________________________________ 120, 177, 280
Purdom, Lee, privileges of floor---------------- _________ --------------------------------------105 Putnam county, abolish monthly publication of reports, HB 399 ____________________377, 425, 455-456
Q
Quitman county, abolish and re-establish county court, SB 197----------------529, 570, 604, 721, 867
R
Rabies, require innoculatlon of dogs, HB 194----------------------------------------------839, 910 Rabun county, referendum on abolishing city court, HB 534_________________________599, 847, 878-879 Randolph county, terms and salary of commission, SB 204_ ____________________593, 619, 653-654, 721 Real estate brokers, regulated in counties over 50,000, HB 228 ______________________ 272, 382, 399-400 Real estate, redemption when sold for taxes, SB 154--------------------------------------------394 Recess House and Senate, HR 8____________________ ---------------------------------------13-14 Recorded Instruments, certified copies authorized, HB 112__________________________ 287, 131, 925, 983 Recount in primary elections, appeals, SB 164----------------------------------------416, 447, 635 Registered voters list, clerk superior court file with secretary of state, HB 163 ______ 466, 611. 894, 909 Regular session, to convene, SR 10______________ -------------------------------------------28, 50 Revenue anticipation certificates, validation, SB 129----------------------------------------308-309 Revenue anticipation obligations, not deemed debts, HR 68__________________________ 491, 622, 690-691

INDEX

1025

Rhodes property commission created, SB 228----------------------------------------------695, 736 Richmond county, assistant solicitor for city court, HB 617____________________________ 770, 812, 849 Richmond county, fix salaries deputy officials, HB 612________________________ 708, 847, 881-884, 93S
Richmond county, $15.00 advance deposit In divorce cases, HB 601______________________________________706-707, 778, 946, 952-953, 971-972, 982, 984-985
Richmond county, judge city court may practice Jaw, HB 602__________________________707, 847, 881
Richmond county, repeal pension act, HB 101---------------------------------------- 268, 317, 343 Richmond county, salary assistant solicitor, HB 616--------------------------------770, 847, 884-885 Rlckenbacker, Capt. Eddie, Invited to address General Assembly, SR 4L_________________ 229, 258-259 Rlckenbacker, Capt. Eddie, telegram___________________________________________________________ 478 Ringgold, new charter, HB 588_______________________________________________________ 706, 738, 781
Robert, Chip, Invites Senate to bomber planL--------------------------------------------------851 Rochelle, assess property In rem, HB 540--------------------------------------------599, 621, 657 Rockdale county, abolish tax collector, SB 162____________________________________ 416, 447, 473, 537 Rockdale county, abolish tax receiver, SB 16L___________________________________ 415, 446, 473, 537 Rockdale county, create tax commissioner, SB 163____________________________ 416, 447, 473, 537, 559 Rockdale county, pay bond premiums of officials, SR 22_____________________________ 78, 92, 103, 240 Rockdale county, regulate solicitation of votes, HB 332________________________________374, 678, 712 Rockmart, additional powers to mayor, HB 600________________________________________706, 738, 783 Rome, employee retirement fund, HB 186_____________________________________ 270, 319, 345, 387-388
Rome, vacancies In city offices, HB 187-----------------------------------------------270, 290, 322 RRuumle!s, oBfeSarednsaletey,antod aHdodursees,s tGo erneevriasle,ASsRsem6b9l-y-, --H-R---8-9-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_1_6_9__,_831838
Russell, Senator Richard B., anti-poll tax speech In U. S. Senate printed In journal, SR 39 ___ 205-220
Russell, Senator Richard B., Jetter on SR 29-----------------------------------------------411-412

s

Sacks and bags for repacking various products, regulate uniform sizes, SB 149__________ 393, 446, 589 SSaavvaannnnaahh,, ebxutdegnedt cciotymmlimissitiso,n,HBHB4385_&__-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-4-6-8-,141964,, 512503

Savannah, extend city limits, HB 493--------------------------- __________________513, 543. 578-579 Savannah, recreation commission, HB 519 _____________________________________________514, 544, 580
Scalping on athletic tickets, to prevent, SB 21L______________________________612, 652-653, 718, 1006 Schley county, consolidate tax receiver and collector, HB 272___________________________ 371, 518, 546 Screven county, abolish treasurer, HB 624________________________________________ 730, 812, 849-850

Screven county, correct Injustice to treasurer, HB 625---------------------------------730, 812, 850 Second-hand watches, regulate sale, SB 222-------------- _________________________ 694, 735, 828-829

Secretary of state, fix salary, HB 40--------------------------------------------------97, 177, 232 Secretary of state, joint-secretary examining boards, duties of, HB 318 _________________ 703, 776, 916 Securities, license to sell, authority of secretary of state, HB 220 __________________839, 877, 971, 973
Segers, Rev. R. P., privileges of floor----------------------------------------------------------93 Selman, Dr. 0. A., past due rent on Chattooga bank, HR 101___________________________ 600. 653, 713 SSeennaattee aattttaacchheess lsiwmoitrend, InS_R__6_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_~_-_-_-_-_-_-_-_-_-_-_-_-99 Senate committees, attaches remain after adjournment, SR 74___________________________________ 944
Senate officers, election of_________________ ----------------------------------------------__ 8-11 SSeennaattee, rruulleess,, aamdeonpdteedd,, SSRR 139-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-7-0-,--1-4-0-,--1-694 Senate rules, amended, SR 20__________________________________________________________________ 70

Senatorial districts, rearrange 22nd and 36th, SB 45-------------------------------------------- 78 Senators- elect, official Jist_________________________________________________ ------------ _______ 6-7

Senators select seats________________ -------------------------------------------------_

_ 16

Sheriff In armed forces, Governor to fill vacancy, SB 125 ___________ 285. 316-317, 355-356, 722, 762-763

Sheriffs' fees, amend act fixing, HB 52----------------------------------113, 242, 503, 522. 565, 744 Sheriffs' fees from department of public safety, HB 177_ ______________________ 335-336, 399, 433, 506

Sheriffs' fees from department of public safety, SB 73 ___________ J20, 223, 325, 391-392, 409-410, 506

Shorthand, typing, In high schools. SB 31----------------------------------------- 63, 102, 165-166

"Shut-Ins' Day", HR 33---------------------------------------------------------287, 341-342, 406

SSiimmpmsoonns, , RSiecnhaatrodr HJ.., Mp.r,eIsnevnitteeds tSoenSaetnoarstet_o__l_o_d_g_e_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_9_0__3_.__9_7_9_-948581

Sine die adjournment, SR 73__________________________________________________________ 854-855, 868

SSilnoet mdiaechaidnjeosu, rntomepnrto, hHibRit, 1S7B5-5-9-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--1-1-0-, -1-3-91,041216 Small, loans, salary buyers, regulated, SB 87______________________________________________ 171, 494

Smith, Lamont, presented gift In appreciation of services as assistant secretary__________

__1000

Social security, urge Congress to equalize payments from funds, HR 120_____________708-709, 779, 920

Sodomy, reduce punishment to 5 to 20 years, SB 239_______________________________________ 768, 811

Solicitors general, leave of absence for armed forces, HB 525 __________________________649, 678, 786

Soperton, change time city court terms, HB 467 ____________________________________ 490, 542, 576

South Georgia utility district Georgia Power & Light Co., SB 19L_______________________________505

Sparks, F. L., privileges of fioor--------------------------------------------------------------158 Standing committees, members listed__________ ----------------------------------------------36-48

1026

INDEX

State auditor, qualifications, SB 8 ________________31, 92, 106-108, 131-132, 141, 147, 157-158, 163-164 State board of education, to reorganize, SB L---------------------------------29-30, 74, 80-81, 117 State board of farmers, to create, SB 195------------------------------------------------------529 State board of health, authorize to acquire laboratories and hospitals, HB 139__________510, 620, 926 State boar~ social security, create, SB 117___________________________________ 283, 316, 355, 649, 855 State constitution, committee to draft new, SR 63 __________________________612-613, 653, 693-694, 839 State examining boards, to abolish, SB 188 ___________________________________________505, 652, 785 State examining boards, to abolish, HB 552 __________________________________ 707, 777, 861-865, 909 State guard, to create, HB 373 _______________________________________________418-419, 448, 526, 537 State guard, to create, SB 13L______________________________________________________309, 341, 459
State highways, bur~ shoulders to protect forests, HB 407_ _________________804, 846-847, 921-922, 982 State highway commission, tQ_ create, SB 116_________________ 283, 400, 460, 498, 581-586, 926, 930-933 State library commission, transfer to board of education, HB 387-----------------------488, 541, 609 State planning board, abolished, SB 36--------------------------------------------63, 92, 146, 228 State school books shall be printed in Georgia, HB 543________________________________ 704-705, 777 State superintendent of schools, fix salary, HB 58_________________________________ 134-135, 242, 428 State treasurer and comptroller general, repeal code section to suspend, SB 38 ________ 64, 92, 178, 258 State treasurer and comptroller general, to repeal suspension of, SB 7_ ______________ 30-31, 74, 83, 117 State treasurer, destroy old records, SR 47----------------------------------------369, 398, 558-559 SSttaeptehetnresassuupreerr,iofrixcosuarlta,ry4, teHrBms1, 7S-B--2-1-2-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-69127,, 617767, , 721311, -293327 Smyrna, zoning laws, HB 608 ____________________________________________707-708, 738-739, 783-784 Stewart county, fix salary of clerk, HB 563 _______________________________________600, 622, 657-658 Stewart county, salary of disbursing clerk, HB 564_____________________________________600, 622, 658 Stocks Coal Company, pay $756.64, HR 73 ________________________________________871, 911, 996-997 Stone Mountain judiciary circuit, salary court reporter HB 438_____________________________489, 604 Storage batteries for radios, urge Congress to release, SR 68 ____________________________________ 769 Sugar Valley, bond Issue, HB 484_ ____________________________________________________ 512, 542, 580 Sumter county, repeal act candidates designate opponents, HB 84___________________ 173-174, 243, 276 Sunday movies for men In armed forces, HB 413 ______________________________ 395, 435, 587-589, 592 Sunday movies for men in armed forces, SB 12L______________________________________ 284, 317, 458
Supervisor of purchases, to abolish, SB 47 ______ ---------------------------------------------89-90 Sutton, W. A. privileges of floor ______________________________________________________________ 944 Syphilis, to prevent in unborn child, HB 136_________________________510, 620, 792-794, 826, 855-856
T
Talbot county, superior court term, SB 68----------------------------------------111, 139, 154, 334 Taliaferro county, abolish county treasurer, HB 465 _______________________________490, 541-542, 575 Taliaferro and Warren counties, ordinary to serve as clerk for commissioners, HB 193 ___ 222, 243, 278 Tallulah Falls, amend acts incorporating, HB 461_____________________________________704, 777, 813 Tarver, Congressman M. C., letter on SR 29 ________________________________________________ 412-413
Tatnall prison loan, to reinstate, SR 8--------------------------------------------15-16, 48, 65-66 Tax assessors, cannot hold other office, SB 137---------------------------------------334, 398, 461 Taxes, equal paynfent on all kinds of property except religious and eleemosynary,
HB 208_ ------------------------------------------ ___________________ 841, 87i, 950-952, 1000 Teacher retirement system, HB 11 ____________________________ 839, 877, 933-934, 935, 938, 941-942, 972 Teachers retirement, SR 13___________________________ -------------------- ______ 35, 76, 185-187, 538 Telfair county, salary clerk, HB 26L_________________________________________________273, 382, 400
TTeennd-d-dayaysseesssisoionn, , toto aaddjojouurrnn,, HSRR 293-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_2684,, 5607 Tennessee-Georgia, boundary line dispute, SR 65_ ______________________________________ 776, 859-860 Testamentary guardian, HB 2UL____________________________________________ 466, 540, 608, 642, 727
Theatre tickets, unlawful to sell if no seats, SB 127--------------------------------------------285 Thomasville, eommission form of government, HB :Y97------------------------------706, 738, 782-183 Thomaston, eligibility of councilmen for other offices, HB 408 _______________________ 488, 518, 547-548
Thomson, salary of mayor, HB 237---------------------------------------------------272, 319, 348 Thrasher, B. E., Jr., confirmed as state auditor, SR 36 ____________________________________187, 188 Thrasher, B. E., Jr., elected state auditor_ _____________________________________________________176 Time bill, central war time for Georgia, SB 32 _____________________________________ 52, 92, 114, 157 Time, repeal central war time, SB 122 ________________________________ 284, 341, 414, 457-458, :>21-:'>22
Title Insurance to define, HB 307----------------------------------------418, 518, 608, 660-661, 675 Tobacco, price ceilings urged, SR 53 ___________________________________________________________ 427
Toombs county 5-man commission, HB 39 ____ --------------------------------------------------116 Toombs county, 4 terms superior court, HB 38_ ---------------------------------------172, 242, 276 Toombs county, prohibit hunting deer, HB 45 ______________________________________ 172-173, 242, 276 Trade names, registration of business, application published in official organ, HB 456 __ 871, 910, 949-950 Treutiin county, $15.00 deposit in divorce cases, HB 638 _____________________________841, 878, 911-912 Tucker, \\~oodrow, presented to Senate------ _________________________________________________ 81;:) Twiggs, Bleckley, Bibb county, add highway mileage, SB 113 ___________________________ 2:;8, 445, 859 Twiggs county, commissions for tax commissioner, SB 211 _____________________647 -648, 677, 712, 937 Twiggs county, 4-year term for commissioners, HB 614. ________________________________ 729, 847, 884 Twiggs county, sheriff $100.00 per month extra, SB 216 ___________________ 647, 676-677, 711-712, 937

INDEX

1027

Twiggs superior court, fix two terms, SB 152_________________________________393-394, 517, 545, 936 Twiggs superior court, repeal two terms, SB 15L_____________________________393, 517, 544-545, 936 Twiggs, Wilkinson county, add highway mileage, !liB 114-------------------------------258, 445, 859 Tybee, authorize sewerage system, HB 448____________________________________511, 621, 655-656, 675
u
Unemployment compensation law, succession of employer experience rating, HB 251_------------------------------------370, 471-472, 898-901, 907, 934, 936, 966-969, 981
Unemployment compensation law, no benefits In certain cases, SB 150__________________393, 436, 499 Unemployment compensation, preserve rights of those In service, SB 192 ___________505, 556, 785, 1006 Unemployment contributions, revenue commissioner collect delinquents, HB 370__________703, 737, 913 Union City, amend charter, HB 30____________________________________________________267, 289, 321 Union county, salary school superintendent, HB 380_______________________________488, 540, 572-573 Union county, to be deeded certain land by state, HR 76 ___________________________ 378, 425, 609-610 University of Georgia, retirement system, SB 173____________________________ 438, 476, 642, 643, 907 University of Georgia, scholarships to practice medicine In small towns, HB 165__566, 593, 894-895, 909 Used car dealers, suspend one-half license tax, HR 36_____________________________ 274-275, 321, 406
v
Vagrancy, able-bodied work 40-hour week, SB 190 ______________________________________________ 505 Valdosta, extend city limits, HB 628 __________________________________________________771, 812, 850
Valdosta, Itemized statement of salaries, HB 61"--------------------------------------729, 778, 814 Venereal diseases, cooperate with law enforcement officers, HR 164_____________________________866 Veterans' license, disabled, to include veterans of present war, HB 286 ______ 649, 828, 964-966, 982-983 Veterans' license, revenue commissioner grant exemptions, SB 159 ______________________________ _415 Veterans' service office, salary of director, SB 24L ________________________________768-769, 811, 859 Veterinary laboratory, $15,000 to equip, HB 509 _________________________________871, 911, 1003-1004 Victory tax, members General Assembly, HR 59________________________________________275, 294, 356
Vidalia, primary election, HB 403-------------------------------------------------467, 494, 519-520 Vocational training, equalize opportunities, SB 134________________________________309, 471, 661, 907 Voluntary deed, priority, HB 41______________________________________________________134, 193, 326
w
WAAC Week, SR 55-----------------------------------------------------------------416, 458, 470 Wages of wife, husband not entitled to, HB 206 _______________________________________ 466, 540, 608 Wages, paid in lawful money, checks, not apply to state, SB 165___________________416, 447, 499-500 Wages, suits to reco>er, fix time, HB 254_ ___________________________________5ll, 543, 895-896, 947 Walden, Rev. ~I. F., named chaplaln____________________________________________________________ 12 Walden, Rev. ~I. F .. presented Bible In appreciation of services as chaplain______________________ 1000 Walton county, furnished law books, HR 12:) __________________________________________805, 878, 912 Walton county, law books furnished, SR 58 ___________________________________ 505-506, 570, 631, 937 War bonds, legal investments, SB 62 ______ --------------------------------------110, 240, 279, 445 Warner Robins, to Incorporate, SB 182___________________________________________ 480, 518, 546, 675 Washington county, increase salary of commissioner, HB 374______________________ 376, 424, 454-455 Washington county, reduce bond of sheriff, HB 550 ________________________________567, 604, 623-624 Washington county, $10.00 deposit In divorce cases, HB 398 ____________________________ 488, 541, 573 Waycross, recorder elected by city commission, HB 173 ____________________________ 510-511, 540, 571 Wayne county, state deed certain land, HB 464_ ______________________________________490, 570, 604 Waynesboro, trial by jury of six in city court, HB 443 ________________________________ 489, 541, 573 WeaYer, Wm., privileges of floor______________________________________________________________ 105 Webster county, fix salary tax commissioner, liB 376 __________________________________377, 425, 455 Webster county, method of electing board of education, HB 446________________________489, 541, 575 Webster county, salary of commissioner, HB 375 __________________________________ 376-377, 425, 455 Welchel, Congressman Frank, presented to Senate----~-----------------------------------------829 Welfare reorganization act amended, SB 72 ___________________________________________ 120, 177, 280 Whitworth, Senator G. P., illness de(>lored ______________________________________________________ 801 Whitworth, Senator R. E. L., sworn in __________________________________________________________ 14
Wilcox county, repeal act abolishing treasurer, HB 567 ----------------------------615, 678, 712-713 Wilkinson county, amend act creating board of commissioners, HB 279 __________________ 371, 518, 547 Williams, lllrs. Jack, presented to Senate___________________ ---------------------------------- 658 Williams, Sid, elected messenger---------------------------------------------------------- ______ Jl Williams, Sid, presented gift in appreciation of services as messenger__________________________ lOOO Winder, commission form of government, HB 284__________________________________418, 448, 473-474 Winder, members board of education deal with city, HB 537 ________________________ 599, 621, 656-657 Wood, Brig. Gen. Eric Fisher, to address General Assembly, HR 66 ______________________ 188, 203-204 Wood, Brig. Gen. Eric Fisher, escort committee, SR 38_____________________________________ 189, 198 Woodbine, fix city limits, HB 56L _______________________________________________ 599-600, 622, 657
Workman's compensation law, to Include state, county, municipal employees, HB 606____________________________ ----------------------------------805, 878, 961-963, 1001
Worth, repeal charter, HB 203_______________________________________________________ 270. 319, 346

1028

INDEX

Numerical Index
SENATE JOURNAL (For General Index, See Page 1012)

SENATE BILLS
SB 1, board of regents, to reorganlze _____________________________________________________ 29, 80
SB 2, board of regents ____________ --------------------------------------------------29, 74, 124 SSBB 34,, ssttaattee bbooaarrdd ooff eedduuccaattiloonn,__t_o__r_e_o_r_g__a_n_l_z_e_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_2__9_-_3300,, 7744,, 8801--8813,, 121278 SB 5, pardon and parole board, to create____________30, 91, 125-127, 193-194, 196-197, 230, 252-254 SB 6, prison board, relieved of pardons and paroles__________________________30, 74, 127, 194, 198 SB 7, state treasurer and comptroller general, to repeal suspension oL___________30-31, 74, 83, 117 SB 8, state auditor, quaUficatlons______________31, 92, 106-108, 131-132, 141, 147, 157-158, 163-164 SB 9, finance commission, to establisb_________________________________________31, 74-75, 94, 195
SB 10, Governor removed from board---------------------------------------------31, 75, 83, 117 SB 11, campaign expenses for Governor llmlted________________3l, 75, 83-84, 407-408, 649, 940-941 SB 12, deparlment of law reorganlzed-------------------------------32, 75, 141, 200-203, 314, 410 SB 13, game and fish commission, t<J create----------------------------------------32, 75, 124-125 SB 14, adjutant general, qualiflcations--------------------------------------------------------32 SB 15, board of control, duties transferred to state board of educatlon____32, 75, 93-94, 228, 249-250 SB 16, military forces, fresh pursult------------------------------------------32-33, 339, 382, 613 SB 17, merit system, t<J establlsh_______________33, 102, 118, 123-124, 194, 224-225, 230, 240, 248-249 SB 18, military forces, special policemen---------------------------------33, 339-340, 382-383, 613 SSBB 1290,, ebxoprrlooswivinegs, PsOaWleer roefguGloavteerdno-r---re-g--u-la-t-e-d-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-3333-,343,407,5,38943
SB 21, oommlssloner of agriculture, term extended----------------------------34, 76, 94-95, 227-228 SB 22, fiduciaries, sale of n<Jtes regulated-----------------------------------34, 138, 166, 442, 458 SB 23, hundred-year leases, grants In perpetultY----------------------------------34, 538, 631-632 SB 24, fiduciaries, sell st<Jcks and bond------------------------------------------34, 138, 166-167 SB 25, minor children, year's support____________________________________________34, 138, 177-178
SB 26, housing authorities law, amended-------------------------------------51. 176-177, 226, 333 SB 27, housing for war lndustrles____________________________________________51, 177, 226-227, 333
SSBB 2289,, hboaunskisn,g<, Jfsftiacetes Idnireccotnotlrguc<rJeusatceldtie-s-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_5_1__-_5_2__, _1_7_7_,__2_2_7_,__35323
SB 30, local constitutional amendment-------------------------------------------- -------- ____ 52 SB 31, divorce cases, $10 dePOsit Instead of $6---------------------------------------------52, 223 SB 32, time bill, central war time f<Jr Georg!a ____________________________________52, 92, 114, 157 SB 33, J. P., N. P., $2.45 deposit In civil cases_____________________52, 240, 279, 293, 408, 634-635 SB 34, new senatorial district, L<>wndes and Echols----------------------------52, 66, 192, 295-300 SB 35, criminal trials, judge to fix sentences__________________________________________63, 138, 166 SB 36, state planning board abollshed____________________________________________63, 92, 146, 228
SB 37, shorthand, typing In high schools-----------------------------------------63, 102, 165-166 SB 38, state treasurer and comptroller general, repeal code section to suspend______64, 92, 178, 258 SB 39, pauper's affidavit, In lieu of bond foreclosure ______________________________64, 138, 167-168 SB 40, change of names; manner; petltlon__________________________________64. 138, 167, 333, 359 SB 41, Fulton county, supplementing funds board of educatlon_____________ 64, 93, 103-104, 259. 303 SB 42, Oglethorpe, amend charter registration of voters___________________ 78, 152, 244-245, 333-334 SB 43, birth certificates, superior courts
to determln------------------------~--78, 152-153, 179-181, 368, 554-556, 595, 982, 987-990 SB 44, poll taxes, $3 re-establish delinquents-------------------------------------18, 102, 145-146 SB 45, senatorial districts, rearrange 22nd and 36th____________________________________________ 78 SB 46, department of public safety reorganlzed _______________________ 89. 102, 127-128, 194, 195-196
SB 47, supervisor of purchases, to abollsh--------------------------------------------------89-90 SB 48, divorce cases, require payment of costs-------------------------------------------------90 SB 49, department of revenue, to abollsh______________________________________________________ 99
SB 50, oosts, supreme court and court of appeal------------------------99, 138, 182, 332, 432-433 SB 51, proportionate tax payments, release from llens________________99, 138-139, 182, 388, 681-682 SB 52, banking law amended, deceased deposltors--------------------------------99, 122, 183, 445 SB 53, banking law amended, limit state bank loans ______________________________99, 123, 183, 445 SB 54, Griffin, ceded Camp Northern property___________________________99, 223, 251, 696, 717-718 SB 55, court reporters, compensation in criminal case----------------------100, 139, 178, 486, 586 SB 56, marriage licenses, to regnlate_______________________________________ 100, 340, 401, 787-790
SB 57, department of natural resources, to abolish---------------------------------------------109 SB 58, Macon, re-enact city charter____________________________________ l09, 153, 178, 333, 358-359 SB 59, slot machines, to prohlblt____________________________________________________ llO, 139, 426

INDEX

1029

SB SB

60, 61,

barbers and beauticians examining Fulton county, master electricians

ebxoamarlnda-t-l-o-n-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-n--o-,--1-3-9-,--1-5-4-,141805

SB 62, war bonds legal lnvestments---------------------------------------------110, 240, 279, 445

SB SB

63, 64,

Chattahooch auto riders,

ee county, non-paying

superior court terms-guests, no recovery for

-d-a-m--a-g-e-s-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_1_1n0o,,

139, 154, 240-241,

485 279

SB 65, <~fficlal <1rgans, preserve status for duratlon ______________________________ no, 139, 183, 411

SB 66, banking law amended, par value stock--------------------------------111, 123, 183-184, 507 SB 67, deputy Insurance commissioner, fix salary___________________1ll, 242-243, 523, 948, 953-954

SB 68, Talbot county, superi<lr oourt term--------------------------------------111, 139, 154, 334 SB 69, gaSQline tax, exempt farm operations--------------------------------------------------111 SB 70, gasoline tax, levy on consumer, deductible from Income tax____________120, 241, 279-280, 696

SB 11, public welfare laws amended-------------------------------------------------120, 117, 280 SB 72, welfare r0<1rganlzatlon act amended----------------------------------------120, 171, 280 SB 73, sheriffs' fees from deparlment of public safety__________l20, 223, 325, 391-392, 409-410, 506

SB 74, Andrew Female College, trustees-------------------------------------120, 153, 178-179, 485 SB 75, <~Ysters, shellfish, regulate sanitary condltions ____________________________ 120, 153, 185, 260

SB 76, gasoline tax, exempt agricultural purposes-----------------------------------------121-122 SB 77, book plate metal, authorize Governor to sell-----------------------------------121, 538, 643 SB 78, park oommlttees authorlzed---------------------------------------------121, 139, 168, 260
SB 79, liquor law, to repeaL-----------------------------------------------132, 569-570, 670, 682 SB 80, Industrial board, to abolish-----------------------------------------------------------132 SB 81, mortgages, bills of sale, renewal notices---------------------------------133, 315, 354, 908 SB 82, bonds, shares, transfer by executors with will attached valid___________________ 133, 315, 354

SB 83, court reporters, judge may fix salary--------------------------------------------------133 SB 84, fldurlarles, Intermediate reports ____________________________133, 315, 354-355, 406-407, 908

SB 85, narcotic drug act amended----------------------------------------------149, 223, 251, 282 SB 86, convicts, 16-18, commit to training schooL--------------------------149, 192, 300, 486, 502
SB 87, small loans, salary buyers, regulated---------------------------------------------111, 494
SB 88, local legislation by home rule---------------------------------------------------------111 SB 89, Carrollt<1n, fl fas f<1r licenses----------------------------------------189-190, 381, 399, .595 SB 90, judges emeritus, <1fflces created-------------------------190, 315, 387, 649, 686-687, 857-858 SB 91, husband and wife, compellable to give evldence____________________________ 190, 289, 325-326

SB 92, gasoline truck tax, $10, repealed-----------------------------------------190, 224, 306, 696 SB 93, dentistry licenses, without examlnation------------------------------------------------190 SB 94, embalming, state board created-----------------------------220, 267, 306.-307, 649, 688-689 SB 95, paint, ingredients shown on labels---------------z--------------------------220, 340, 401 SB 96, elections, primary and general, fix time__________ _________________ 220, 340, 408, 982, 986
SB 97, acts, persons employed to compile_______________ --------------220, 315, 408-409, 1006-1007
SB 98, deeds, attested to by army and navy officers------------------------------220-221, 315, 355 SB 99, Morgan county, salary clerk of commlssloners________________________ 221, 241, 275, 368-369 SB 100, eleemosynary Institutions, board of directors__________________________________ 221, 289, 327 SB 101, jury box, petition to place name ln ___________________________________________ 235, 381, 410 SB 102, convict camps, provide religious serYice___________________________________________ 235, 876
SB 103, Lumpkin county, abolish two commissloners______________________235-236, 315-316, 349, 369 SB 104, Piedmont judiciary circuit, pay court reporter_________________________________ 236, 289, 485

SB 105, certified shorthand reporters' laW-------------------------------------------236, 445, 557 SB 106, milk, evaporated, add cotton seed, soybean or peanut oiL______________ 236, 340, 459, 556-557 SB 107, bank examiners, clerks, raise salaries ____________________________________ 236, 340, 426, 906 SB 108, assignor of account receivable, notation on book notlce____________________ 236, 316, 355, 507 SB 109, costs in criminal cases In county on fee system____________________________________ ---- 257

SB 110, administrators, executors, trustees, suspension upon 'entering servlce______ 257, 381, 430, 1002 SB 111, Houston county, two terms superior court____________________________258, 316, 350, 485-486

SB 112, banks, no service charge--------------------------------------------------------------258 SB 113, Twiggs, Bleckley, Bibb counties, add highway mileage _________________________ 258, 445, 859 SB 114, Twiggs, Wilkinson counties, add highway mileage______________________________ 258, 445, 859

SB 115, landscape gardeners liens---------------------------------------------------258, 340, 661 SB 116, state highway commission, to create__________________ 283, 400, 460, 498, 581-586, 926, 930-933 SB 117, state board social security, create __________________________________ 283, 316, 355, 649, 855 SB 118, homestead exemption, for persons in armed forces _________________________ 284, 340-341, 430
SB 119, appointees of Governor, to provide confirmation by Senate____________ 284, 316, 400, 429, 613 SB 120, Fult<1n county, police pensions amended _________________________ 284, 316, 342, 486, 501-502

SB 121, Sunday movies for men In armed forces--------------------------------------284, 317, 458 SB 122, time, repeal centra-l war time ______________________________ 284, 341, 414, 457-458, 521-522

SB 123, Dade county, pay sheriff for home defense-------------------------------284, 317, 342, 696 SB 124, Charlton county, pay sheriff for home defense ________________________ 284-285, 316, 342-343
SB 125, sheriff in armed forces, Governor to fill vacancY---------285, 316-317, 355-356, 722, 762-763 SB 126, judge, policyholder mutual insurance company, not disqualifled____ 285, 397, 460, 613, 638-639 SB 127, theatre tickets, unlawful to se.U If no seats____________________________________________ 285 SB 128, Forsyth county, create board commlssloners__________________________308, 381, 405-406, 445 SB 129, revenue anticipation certificates, validation ________________________________________308, 309

SB 130, campaign expenditures llmlted---------------------------------------------------------309 SB 131, state ~:uard, to create-------------------------------------------------------309, 341, 459 SB 132, new senatorial district, Effingham, Bryan, Liberty------------------------309, 642, 740, 825
SB 133, Columbia county, from fee to salary system------------------------------309, 381, 399, 696

1030

INDEX

SB 134, vocational training, equalize opportunlties_______________________________309, 4il, 661, 907
SB 135, corporation suits, officers reimbursed-----------------------------------------309, 341, 434 SB 136, drunkenness, In public places____________________________________309-310, 397-398, 460-461
SB 137, tax assessors, cannot hold other offlce----------------------------------------334, 398, 461 SB 138, insurance commission, to create________________________________334, 398, 459, 639-642, 658
SB 139, animal dealers, keep tag number of seller and description of animals boughL334, 538, 661-662 SB 140, manufacturing plants, age limit night employees lowered to 18________334, 398, 428, 725, 746 SB 141, homestead exemption, applies under bona-fide option
to purchase dwelllng________________________________________________334-335, 445, 498, 937 SB 142, common trust funds, to authorize________________________________________335, 398, 461, 907 SB 143, flour and bread, regulate manufacture oL________________________________369, 398, 498-499 SB 144, amendments to constitution, publication oL___________________________________369, 471, 681 SB 145, general election, August blennlally_____________________________369, 398, 681, 948, 972, 983 SB 146, farm products, official trade-mark for Georgla________________________________393, 676, 743 SB 147, administrators, executors, annual returns_________________________393, 445-446, 557-558, 906 SB 148, administrators, temporary and permanent, discharged__________________________393, 446, 558
SB 149, sacks and bags for repacking various products, regulate uniform sizes__________393, 446, 589 SB 150, unemployment compen.sation law, no benefits in certain cases__________________393, 436, 499
SB 151, Twiggs superior court, repeal two terms------------------------------393, 517, 544-545, 936 SB 152, Twiggs superior court, fix two terms---------------------------------393-394, 517, 545, 936 SB 153, garnishments, $500 exemption deceased employee______________________________394, 446, 662 SB 154, real estate, redemption when sold for taxes____________________________________________394 SB 155, Collins, to lncorporate___________________________________________________415, 446, 472, 596
SB 156, subsidiary corporation, 90% home-owned, exempt from taxatlon________415, 471, 500-501, 613 SB 157, dentistry, license to practice_________________________________________________415, 446, 499
SB 158, Collins, repeal charter --------------------------------------------------415, 446, 473, 596 SB 159, veterans' llcen.ses, revenue, commissioner grant exemptlons______________________________ 415 SB 160, county ordinances, misdemeanor to vlolate________________________________415, 446, 499, 662
SB 161, Rockdale county, abolish tax receive<------------------------------------415, 446, 473, 537 SB-162, Rockdale county, abolish tax collector------------------------------------416, 447, 473, 537 SB 163, Rockdale county, create tax commissioner----------------------------416, 447, 473, 537, 559 SB 164, recount in primary elections, appeals-----------------------------------------416, 447, 635 SB 165, wages, paid in lawful money, checks, not apply to state___________________ -416, 447, 499-500
SB 166, lunches for school children, levy taX------------------------------------437, 538, 589, 767 SB 167, park authority, Indefinite appointment by Governor_______________________437, 538, 662, 785
SB 168, emergency transporation commission to create-------------------------------------437, 539 SB 169, fraternal Insurance, revise laws _____________________________437, 517, 664, 679-681, 909, 914
SB 170, entomology, direct<Jr oL ________ -----------------------------------------437, 494, 689, 906 SB 171, credit unions, regulated like banks-------------------------------------437, 539, 610, 908 SB 172, Cartersville, city court abolished_____________________________________________437, 471, 613 SB 173, l'nlverslty of Georgia, retirement system ____________________________ 438, 476, 642, 643, 907 SB 174, gasoline, sulphur content_________________ -479, 539, 689-690, 971, 974-976, 983, 991-993, 1001
SB 175, Fulton county, precinct areas--------------------------------------------479, 517, 545, 936 SB 176, Fulton county, naturalization of voters__________________________________479, 517, 545, 936 SB 177, Fulton county, preserve applications for ballots___________________479, 517, 545-546, 936-937 SB 178, Altanta, elect city attorney by people ____________________________________479, 603, 622, 721 SB 179, Fulton county, create pension board_________________________________479, 517, 546, 767, 994 SB 180, public service commlssion________________________________________ 479-480, 619, 683-685, 947
SB 181, group hospital service, public welfare department must approve_________________480, 520, 714 SB 182, Warner Robins, to lncorporate__________________________________________ 480, 518, 546, 675
SB 183, peace officers annuities ----------------------------------------------------------480, 686 SB 184, :\lacon county, abolish county treasurer _______________________________________ 480, 539, 675 SB 185, pipe lines, tax returns to revenue commissioner________________________________504, 539, 590 SB 186, firemen, wartime mobilizatlon________________________________________________ 504, 775, 856 SB 187, defense, coordinate state and nationaL _______________________________________505, 539, 825 SB 188, state examining boards, to abollsh____________________________________________ 50:i, 652, 785
SB 189, "company" to denote speci&l partners------------------------------------505, 571, 715, 908 SB 190, vagrancy, able-bodied work 40-hour week _______________________________________________505 SB 191, South Georgia utility district, Georgia Power & Light Co. _______________________________ 505 SB 192, unemployment compensation, preserve rights of those in service___________505, 5:16, 785, 1006 SB 193, bonds, time of issuance of an executlon____________________________________________ 528, 714 SB 194, cull fruits and vegetables, unlawful to selL_________________________________________ 528-529 SB 195, state board of farmers, to create ______________________________________________________ 529
SB 196, commissioner of labor, may fix rules for prevention of accldents_____________________529, 910 SB 197, Quitman county, abolish and reestablish county court________________529, 570, 604, 721, 867 SB 198, convicts, insane, remove to MiUedgevllle__________________________________529, 676, 715-716 SB 199, convicts, receiving stations to segregate_________________________________ 529, 710, 743, 1002 SB 200, bank examiners, verify eighteen accounts ________________________________ 563, 603, 683, 938 SB 201, intangible tax, reduce from $1.50 to $1.00 on F. H. A. loans_ ______________563, 619, 794, 815 SB 202, bank examiners, shall Interview directors ________________________564, 603, 685, 908-909, 941 SB 203, Fulton county, voters must vote In home preclnct_ ________________________564, 603, 623, 937 SB 204, Randolph county, terms and salary of commissioner___________________593, 619, 6!\3-654, 721 SB 205, homicide of child, father may recover_________________________________________ 593-594, 652 SB 206, Chatman superior court, salary woman balliff_ ___________________________594, 620, 654, 721

INDEX

1031

SB 207, Fulton county, photostatic equipment for records _____________________594, 620, 654, 909, 929 SB 208, Jenkins county, dispense with quarterly reports_______________________594, 620, 654, 721-722 SB 209, Millen, abolish city courL ___________________________________________________594, 620, 722 SB 210, Millen, establish city court______________________________________________594, 676, 711, 801 SB 211, scalping on athletic tickets, to prevent______________________________ 612, 652-653, 718, 1006 SB 212, Stephens superior court, 4 terms_ ________________________________________ 612, 676, 711, 937
SB 213, naturopathy, to license ------------------------------------------------------612, 653, 828 . SB 214, food, drugs, legal if complying with federal law_______________________________612, 710, 826
SB 215, Paulding county, registration of voters-----------------------------------647, 693, 711, 937 SB 216, Twiggs county, sheriff $100 per month extra______________________647, 676-677, 711-712, 937 SB 217, Twiggs county, commissions for tax commissioner_____________________647-648, 677, 712, 937 SB 218, gasoline tax, report to comptroller last day of month__________________________648, 710, 743 SB 219, adoption of chlldren _________________________________________________________648, 677, 711
SB 220, Catoosa county, create city courL-----------------------------------------------------671 SB 221, Dublin, suspension of employees________________________________________ 671, 710, 739, 838 SB 222, second-hand watches, regulate sale_______________________________________694, 735, 828-829
SB 223, grand juries, continued in session------------------------------------694, 695, 735, 858-859 SB 224, Atlanta teachers under pension system________________________________________695, 735, 947
SB 225, Fulton county, employees in consolidated department, share in pensions________ 695, 735, 947 SB 226, Fulton county employees of consolidated departments,
continue pension payments -------------------------------------695, 735-736, 946, 998-1000 SB 227, Dade county, $75 month extra for sherifL ____________________________________ 695, 736, 947
SB 228, Rhodes property commission created-----------------------------------------------695, 736 SB 229, Hull, regulate use of streets____________________________________.__________ 695-696, 736, 938 SB 230, mansion site lease commission created_______________________696, 736, 786, 829-833, 851-853 SB 231, Atlanta, extend term democratic executive committee___________________________727, 810, 947 SB 232, mansion property, to extend lease_____________________________________________ 727-728, 810
SB 233, misdemeanor cases, judge grant probation prior to expiration of sentence________ 728, 810, 856 SB 234, misdemeanor cases, judge grant probation prior to expiration of sentence________ 728, 810, 856 SB 235, insurance premium tax, reduced for companies Investing in war bonds__________ 768, 810, 856 SB 236, Jenkins county, abolish tax receiver and collector__________________________________ 768, 947 SB 237, income tax, exclude recovery of bad debt- _________________________________ 768, 810-811, 865 SB 238, Moultrie, repeal sales and income tax________________________________________ 768, 811, 947 SB 239, sodomy, reduce punishment to 5 to 20 years _______________________________________ 768, 811 SB 240, air transPOrtation, public service commission to regulate___________________________ 768, 811 SB 241, veterans' service office, salary of director_________________________________ 768-769, 811, 859 SB 242, Dade county, pay sheriff $75 month extra_________________________________________ 769, 947
SB 243, gasoline tax, abolish exemption to federal governmenL----------------------------------804

SENATE RESOLUTIONS
SR 1, notify House, Senate organized___________________________________________________________ 9 SR 2, notify Governor 10-day session convened______________________________________________9, 12
SSRR 34,, Seleencatitoen rureletusrnasd, otpo tecadn-v-a-s-s-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-9-,--193 SR 5, inaugural committee appointed________________________________________________________ 9, 13 SR 6, Senate attaches limlted ___________________________________________________________________ 9 SR 7, inauguration joint session____________________________________________________________ 11, 13 SR 8, Tatnall prison loan, to reinstate____________________________________________ 15-16, 48, 65-66
SSRR 109,, treeng-udlaary sseessssiioonn ttoo caodnjovuenrne_i_n__5__d__a_y_s_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_2288,, 5500 SR 11, cooperate with President RoosevelL ______________________________________________ 34, 76, 80 SR 12, pardon and parole board__________________________________________35, 76, 141-145, 240, 252
SSRR 1143,, gteaamcehearsn'd rfeistihrecmomemniLss-i-o-n-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_3_5_,__7_6_,__1_8_5_-_1_813J5, 57368 SR 15, eighteen-year-old electors----------------------------------------~------35, 76, 356-358, 663 SR 16, military drill for boys __________________________________________________52-53, 92, 108, 1j)5 SR 17, notify House, regular session convened___________________________________________________ 7ll SR 18, notify Governor, regular session convened_________________________________________ ;o, 73-74 SR 19, Senate rules amended __________________________________________________________ 70, 140, 164 SR 20, Senate rules amended ___________________________________________________________________ 70 SR 21, Atlanta judicial circuit, 6-year-terms for judges_____________________________ 70, 193, 232-234 SR 22, Rockdale county, pay bond premiums of offlcials_____________________________ i8, 92, 103, 240 SR 23, "George Plan" federal income taxes, to endorse ___________________________________________ 78 SR 24, local laws method of passing _______________________________________________ 79, 317, 427-428
SR 25, Atlanta Chamber of Commerce, thanked for dinner----------------------------------------79 SSRR 2267,, "SPeecraentuarty WHeeenkr"y Wde. sXigevniantethda-n-k-e-d--f-o-r--s-e-r-v-i-c-e-s-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-17090 SR 28, Charlton county, deeded land_____________________________________ 121, 140, 164, 228, 245-248
SR 29, peanuts, fair prices to fanners------------------------------------------------133, 117, 227 SR 30, Wightman E. Melton named poet laureate__________________________________________ 141, 228 SR 31, General Assembly, $600 salary for members__ 149, 223, 304-306, 505, 636-637, 674, 927-928, 981

!032

INDEX

SR 32, General Assembly, abolish 10-day sesslon_________ l49, 241, 300-302, 564, 637-638, 675, 928, 929 SR 33, metal date strips for auto tags----------------------------------------171, 193, 251-252, 391 SR 34, auto tags, time extended to Feb. lSth---------------------------------------------------182 SSRR 3365,, BM.isEs. LTihlyraPshoenrs, JInr.v,itceodnftiormSeednaastes-ta-t-e--a-u-d--lt-o-r-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-l-8-7-, 118838 SR 37, General Assembly members eligible for state offlces____________________ l90-191, 241, 329-330
SR 38, escort committee for Brig. Gen. Eric Fisher Wood----------------------------------189, 198 SSRR 3389,-Ap,uBbliibslhe SpernesaetonrtedRutsosecllh'sapalanitni-poofll Steaxnastpe-e-c-h--I-n--j-o-u--rn--a-L-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--2-0-51-29230
SR 40, Laurens superior court, library furnish law books-----------------------221, 267, 292-293, 937 SR 41, Capt. Eddie Rlckenbacker to address General Assembly--------------------------229, 258-259 SR 42, eleem011ynary Institutions, board of dlrectors________________________________ 221, 241, 431-432
SR 43, dance halls, suspend part of taX-----------------------------------------------310, 341, 692 SSRR 4445,, OFrcemdulGg.eeMrciAvellrisbterirdgtoe audrdgreesds--G-e-n-e--ra-l--A--s-s-e-m-b-l-y-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_3_32259,, 336688 SR 46, revenue anticipation obligations, not deemed debts__________________________________335, 7i5
SSRR 4487,, hstoamtee tgreaardsuenreinr,g dpesrotrgoryamoldenrdeocroserdd_s_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_336699,-337908, , 657578, -575429
SR 49, Army-:Xavy Salvage DaY-----------------------------------------------------370, 434, 471 SR 50, Interstate Cooperative Committee, pay expenses------------------------394, 425-426, 559, 1002 SR 51, food shortage, Congress urged to forestall ______________________________394, 447, 559-560, 907 SR 52, national highways, urge Congress to build after war_ ___________________________ 416, 447, 560
SSRR 5534,, tdoibvaocrcceo,, tpernicdeaycseilaifntgesr suerrgvlecde_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_---4-1-6-,--4-7-1-,--7-4-44-72476
SR 55, WAAC Week ----------------------------------------------------------------416, 458, 470 SR 56, election returns for Governor--------------------------------------480, 653, 691-692, 790-792 SR 57, marketing system for agricultural products--------------------------------480-481, 603, 691 SR 58, Walton county, furnish law books------------------------------------505-506, 570, 631, 937 SR 59, pardon and parole board, consider misdemeanor cases__________________506, 539, 742-743, 937
SR 60, income tax, extension for Senators------------------------------------------------------521 SR 61, A'Capella Choir, sing for General Assembly-------------------------------------561-562, 566 SR 62, R. F. Burch, permission to sue state_______________________________________612, 736, 785-786 SR 63, state constitution, committee to draft new__________________________612613, 653, 693-694, 839 SR 64, pay L. T. Garrett for damages to truck_________________________________________________ 659
SR 65, Tennessee-Georgia boundary dlspute--------------------------------------------776, 859-860 SR 66, gasoline tax, exempt aviation gasollne--------------------------------728, 828, 860-861, 1006 SR 67, teachers' penslons_________________________________________________________________ 769, 811
SR 68, storage batteries for radios, urge Congress to releas------------------------------------769 SR 69, Senate and House rules, to revlse __________________________________________________ 769, 813 SR 70, Henry Grady Hotel, Investigate value, rentals of state propel'ty_______________769, 786, 829-832 SR 71, farm-labor appropriation bill HJR-96, Congress urged to adopt_ __________________________ 854 SR 72, Speaker Roy V. Harris, appreciation of services________________________________________ 854
SR 73, sine die adjournmenL---------------------------------------------------------854855, 868 SR 74, Senate attaches, committees, remain after adjournment_ ________________________________ 944 SR 75, additional state propery near Capitol, Governor to negotiate for_ _____________________ 954, 1001

HOUSE BILLS
HB 1, board of regents, to reorganize _____________________________________________ 85, 93, 104-105
HB 2, board of regents ____ -------------------------------- --------------------96, 140, 160161 HB 11, teacher retirement system___________________________839, 877, 933-934, 935, 938, 941-942, 972 HB 12, game and fish commission, to create______________________________ ll5, 123, 158-160, 228-231 HB 13, adjutant general, quallfications ____________________________________________97-98, 153, 225 HB 14, borrowing power of Governor regulated _______________________________________ l21, 153, 232
HB 16, agricultural and Industrial board, to create____________________394, 539-540, 591, 593, 606-607, 648, 663-664, 907, 949-950, 981
HB 11, state treasurer, fix salary------------------------------------------------97, 177, 231-232 HB 18, Columbus, salaries city court____________________________________________ l72, 241, 275-276 HB 19, dental, nurses, hygienists, examination and llcense________________________________ 465, 620 HB 21, amend code, section 81-1102 _____________________________________________172, 241-242, 280 HB 22, disbarment proceedings, fix time ____________________________________________ 116, 139, 245 HHBB 3204,, UconmiopnulsCoirtyy, scahmoeonl dattcehnadratenrc_e_,__6__to__1__6_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_1__3_3_,__7_3_6_,__7_9_8-276979, , 288194, -831251 HB 31, fiduciaries, sell stocks on exchange__________________________________ 134, 242, 281-282, 314
HB 32, minor children, year's support -------------------------------------------134, 242, 280-281 HB 33, fiduciaries, sale of notes regulated __________________________________ 134, 242, 281, 293, 607 HB 35, land registration act amended _______________________________________________ 134, 193, 326 HB 36, Glascock county, traveling expense commlssloners__________________________________ ll6, 153 HB 38, Toombs county, 4 terms superior courL--------------------------------------112, 242, 276 HB 39, Toombs county, 5-man commlsslon----------------------------------------------------116 HB 40, secretary of state, fix salary-------------------------------------------------97, 177, 232 HB 41, voluntary deed, prlorltY-----------------------------------------------------134, 193, 326

INDEX

1033

HB 43, holidays, legal and religlous-----------------------------------------134, 223-224, 302-303 HB 44, negro division, Georgia training school for glrls___________________________ 286, 341, 388-389 HB 45, Toombs county, prohibit hunting deer____________________________________172-173, 242, 276
HB 46, appropriations, six months-----------------------------------------------------85, 92, 104 HB 47, appropriations, fiscal yea'-------------------------------------------116, 140-141, 161-163 HB 49, life Insurance, Incontestible after two years--------------------------------------------598 HB 51, Habersham county, abolish city courL-------------------------------------------------173 HB 52, sheriffs' fees, amend act flxlng ________________________________ 173, 242, 503, 522, 565, 744
HB 56, Confederate pensions, to lncrease-------------------------------------------------286, 776 HB 58, state superintendent of sllhools, tlx salarY--------------------------------134-135, 242, 428 HB 59, adult Illiterates, establish schools-------------------------------------113, 736-737, 797-798 HB 60, Income tax, exempt dividends from banks--------------------------------173, 267, 428, 566 HB 61, Dougherty county, candidates designate opPQnents---~-------------------------113, 242, 276 HB 62, loans to persons not members-------------------------------------------267, 341, 522, 537 HB 63, Dougherty county, licenses and occupation taxes---------------------------116, 140, 154-155 HB 66, comptroller general, fix salary------------------------------------------------97, 117, 232 HB 67, deputy Insurance commissioner, fix salarY-----------------------------~--113, 293, 595, 718 HB 68, butane gas, public service commission to regulate__________________________370, 447, 551-554 HB 11, adult Illiterates, to lnstrucL_____________________________________________97, 102, 430, 523
HHBB 8703,, cSoauvnatnynashch, oboul dsguepterclonmenmdlesnstlos,n _c_le_r_i_c_a_l_h__e_l_P_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_9_7_,__1_0_2_,ll463,0-413513
HB 81, new trial, jud~:e "must" grant-------------------------------------------267, 317, 523-524 HB 84, Sumter county, repeal act candidates designate opponents__________________ 173-174, 243, 276
HB 87, horse meat, sale prohlblted---------------------------------------------267, 603, 747, 826 HB 88, Clarke county, candidates name opponents-----------------------------------268, 317, 343 HB 89, mortgages, railroad corporations excluded from 7-year filing llmitation___335, 398-399, 433-434 HB 90, Athens, pension city employees-------------------------------------------286-287, 317, 343 HB 91, county boards of education, $5.00 per dlem______________________________370, 447, 607, 652
HB 92, Darien city court, elect judge--------------------------------------------174, 243, 276-277 HHBB 9934,, JJ.. PP..'sd, occokmetps,enbslaatnedk Ifnormcrsim__i_n_a_l__c_a_s_e_s_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--3-7-05, 33099, , 751246, -572974 HB 95, Cobb county planning commlsslon________________________________________ ll6-117, 140, 155 HB 96, Cobb county, commissioner's compensation____________________________________ ll7, 140, 155
HB 97, Pelham, zoning laws--------------------------------------------------------268, 290, 321 HB 98, Harlem, zoning laws--------------------------------------------------------268, 317, 343 HB 99, Commerce, registration books--------------------------------------------268, 290, 321-322 HB 105, Pearson, salary mayor------------------------------------------------------268, 290, 322 HB 107, Richmond county, repeal pension acL----------------------------------------268, 317, 343 HB 108, department of health, salary of dlrector--------------------------------------287, 318, 525 HB 110, Clinch county, court created_______ . -----------------------------------------117, 140, 155 HHBB 111182,, preocoolrdtaebdleIsn,sttrauxmoenntsm, icneirattiufireed sclzoepsi_e_s_a__u_t_h_o_r_i_z_e_d__-_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_2_8__7_,_476357,, 692205,, 799823
HB 120, Glascock county, prohibit commissioners being employed by county______________ 268, 318, 344 HB 121, Glascock county, create board of commlssloners___________________________268-269, 318, 344 HB 123, motor carrier, exclude vehicles hauling peanuts and peaches____________________ 269, 318, 459
HB 124, department of revenue, to abolish----------------------------114, 234, 359-360, 383-387, 392 HB 125, county boards of health, neighboring towns represented __335, 527, 739-740, 963, 983, 1004-1005 HHBB 113206,, BPerumnbsrwokicekccitiyty cocuorutr,t,fisxaeldartyermsolalcnldtorf_e_e_s_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_1_ 1l744,, 224433,, 227777
HB 131, Glynn county, safeguard reserve fund-----------------------------------------221, 243, 277 HB 133, Insurance agents, $5 fee, premium tax____________________________________615, 659-660, 854 HB 134, Dawson county, abolish tax receiver and tax collector__________________ 221-222, 243, 277-278 HB 136, syphilis, to prevent In unborn ch1Jd_________________________510, 620, 792-794, 826, 855-856
HB 137, prostitution, to prohibit in tourist camp, etc----------------------------------510, 620, 949 HB 139, state board of health, authorize to acquire laboratories and hospitals ___________ 510, 620, 926 HHBR 114401,, LoladGrreacnogred,s,exdteepnadrtmcietnyts liamultthso_r_i_z_e_d__to___d_e_s_t_r_o_Y__-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_5__1_0_,__5_7_0_, 266097, -630188,, 384641
HB 143, no fence law, exempt mountain areas-----------------------------------------269, 318, 344 HB 146, Henry county, abolish city courL-----------------------------------------------------174 HB 148, burglary, capital punlshmenL---------------------------------------------------------530 HB 149, election canvassing board, to create------------------------------465-466, 677, 746-747, 909 HB 150, elections, blank forms, tally sheets-------------------------------------------466, 677, 866 HB 153, Fulton county, slum clearance-----------------------------------------------486, 540, 511 HHBB 115546,, Idnecpoamrtemteanxt, odfednuactut raallimresoonuYrc-e-s-, -t-o--a-b--o-li-s-h-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-4_ 28669,, 378716,, 941093
HB 160, Industrial board, to abollsh--------------------------------------------------174, 193, 225 HB 162, elections, other than primary, candidate's party must show 5%
of registered voters------------------------------------------------466, 611, 867, 954, 995 HB 163, registered voters' list, clerk superior court file with secretary of state______ 466, 677, 894, 909 HB 164, elections, primary, chairman political party certify candidates
with secretary of state------------------------------------------------------466, 677, 995 HB 165, University of Georgia, scholarships to practice medicine In small towns __566, 593, 894-895, 909 HB 110, Clayton county, zoning act repeaL---------------------------------------269, 318, 344-345 HB 111, Clayton county, tax commissioner act repealed--------------------------------269, 318, 345

1034

INDEX

HB 172, eleemosynary Institutions, propagate gospeL______________________________269-270, 318, 389 HB 173, Waycross, recorder elected by city commlssion____________________________510-511, 540, 571
HB 174, homestead exemption household furniture May 1st deadline---------------------------------------270, 341, 459-460, 565, 589-590, 718-719, 767
HB 175, homestead exemption, lllay 1st deadline----------------------------------418, 471, 525-526 HHBB 118727,, Isnhvearilfidf'swfielless, fartotmorndeeypsa' rtfmeeesntalolofwpeudb_l_ic___sa_f_e_t_y_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_--_-_-_-_-_3_3__5_-_3_3__6_,_389399,, 483933,, 590856
HB 186, Rome, employee retirement fund____________________________________270, 319, 345, 387-388 HB 187, Rome, vacancies In city of.flces______________________________________________ 270, 290, 322 HB 189, Fulton county, create clv!I service board____________________________486, 659, 747-762, 826 HB 192, Dawson county, create commissioner roads and revenue________________________222, 243, 278
HB 193, Taliaferro and Warren counties, ordinary to serve as clerk for commlssloners__ 222, 243, 278 HB 194, rabies, require Inoculation of dogs------------------------------------------------839, 910 HB 196, DeKalb county, separate registered voters' list each preclnct________________270, 319, 345-346 HB 197, DeKalb county, Increase coroner's fees_______________________________________486, 540, 572
HB 199, Oconee county, consolidate tax receiver and tax coliector______________________222, 244, 278
HB 203, Worth, repeal charte'-------------------------------------------------------270, 319, 346 HB 204, blind voters, !lliterate or physically handicapped, persons may help ___________870, 910, 1004 HB 205, testamentary guardlan______________________________________________466, 540, 608, 642, 727 HB 206, wages of wife, husband not entitled to _______________________________________ _466, 540, 608 HB 207, Macon, supplementary pensions policemen, flremen ________________________ 270, 290-291, 322 HB 208, taxes, equal payment on all kinds of property except religious
and eleemosynary--------------------------------------------------841, 877, 950-952, 1000 HB 209, Buena Vista, salary mayor $500.00 _______________________________________270-271, 319, 346
HB 215, county school superintendents, annual report to grand jury___________ 769, 877, 914-916, 935' HB 216, Hinesville judge's salary, city courL_________________________________________ 271, 319, 346 HB 217, convicts, segregate first offenders____________________________________________418, 448, 558
HB 220, securities, license to sell, authority of secretary of state__________________839, 877, 971, 97!
HB 221, Augusta, post-war fund--------------------------------------------------271, 291, 322-323 HB 222, Ellis health law to amend ___________________________________________________ 770, 877, 913 HB 224, Cusseta, build waterworks_______________________________________________271, 319, 346-347 HB 225, Appling county, repeal tax commissioner acL _________________________________ 271, 319, 347 HB 226, Appling county, repeal commissioner act_____________________________________271, 319, 347 HB 227, .Appling county, create board of commlssioners____________________________271, 319-320, 347 HB 228, real estae brokers, regulated In counties over 50,000_______________________ 272, 382, 399-400
HB 233, gasoline, kerosene, flash poln'----------------------------------------------------703, 828 HB 234, Pierce county, compensation of commlssloners________________________________ 272, 320, 347
HB 235, commissioner of labor, fix salarY--------------------------------------------487, 540, 591 HB 236, fertilizer Inspectors, amend code__________________________________________________ 5ll, 939 HB 237, Thomson, salary of mayor___________________________________________________ 272, 319, 348
HB 238, income tax, not necessary to verifY--------------------------------------487, 776, 913-914 HB 240, clerks' fees, in counties of less than 65,000_______________________________728, 811, 848-849 HB 241, Jackson, extend city limlts__________________________________________________272, 320, 348
HB 243, fertilizer, 25% penalty when plant food Is off 10%-------------------531, 592-593, 677, 919 HB 246, Augusta, furlough employees In armed forces _________________________________ 272, 291, 323 HB 247, Clayton commissioners act, reestablish Panhandle dlstrict_ _________________ 370, 422, 448-449 HB 248, Clayton county, repeal board commissloners_____________________________ 272, 382, 401, 444 HB 249, Clayton county, create office commlssioner______________________ 272, 382, 402, 405,.444-445
HB 250, Elbert county, raise salary of clerk------------------------------------------273, 320, 348 HB 251, unemployment compensation law, succession of employer
experience rating __________________________ 370, 471-472, 898-901, 907, 934, 936, 966-969, 981
HB 252, assessment of propertY------------------------------------------------------287, 320, 356 HB 254, wages, suit to recover, fix time _____________________________________ 5!1, 543, 895-896, 947
HB 255, Elbert rounty, raise salary commissioners_____________________________________ 273, 320, :i48 HB 236, pipe lines, eminent domaln __________________________________466-467, 543, 565-566, 590-591 HB 2o7, llarletta, extend sewer lines _____ ----------------------- ____________________ 273, 290, 323 HB 258, auto tags, .April 1st deadline each year_ ___________ 839-840, 892, 916-917, 946, 964, 981, 987 HB 259, ::\larletta, authorize purchase property for city streets__________________________ 273, 290, 323 HB 260, llarletta, planning commission_______________________________________________273, 290,.323
HB 261, Telfair county, salary clerk-------------------------------------------------273, 382, 400 HB 262, Decatur, salaries In city cour'-------------------------------------------287, 320, 348-349 HB 264, Dawson county, repeal board of commissioners_____________________________ 371, 422, 449 HB 265, Athens, vacancy bonded debt commlssion _________________________________ 273-274, 320, 349 HB 267, :l.Jacon, retirement employees water commissioner___________________________ 274, 2tll. 324 HB 268, Forsyth, close up streets ____________________________________________ 274, 291, 324, 456-457 HB 270, Decatur county, air st>ace safety zones _______________________________________ 371, 494, 519 HB 271, Attapulgus, amend acts incorporating _______________________________________ ~274, 290, 324 HB 272, Schley county, consolidate tax receiver and collector__________________________371, 518, 546 HB 273, Catoosa county, repeal act abolishing board commlssloners_____________________ 371, 422, 449 HB 274, Catoosa county, create office of commissioner_________________________________371, 422, 449 HB 276, Albany, pension emt>Ioyees___________________________________________________ 27 4, 291. 324
HB 277, Brunswick, pension city employees _______________________________________ 27 4, 290, 324-325 HB 279, Wilkinson county, amend act creating board of commlssioners__________________ 371, 518, 547 HB 281, Xortheastern judicial circuit, salary for solicitor ___________________________________804, 914

INDEX

1035

HB 282, DeKalb county, board of education members Ineligible to succeed themselves ____371, 422, 449 HB 284, Winder, commission form of government__________________________________418, 448, 473-474 HB 286, veteran's license, disabled, to Include veterans present war________649, 828, 964-966, 982-983 HB 287, Meriwether county, compensation of treasurer________________________371-372, 422, 449-450 HB 289, Liberty county, salary board of commissioners________________________________372, 422, 450
HB 290, Pepperton, change city limlts------------------------------------------------372, 399, 426 HHBB 229913,, AFothresyntsh, cteorumntyo,f twreocoterrdmesr-s-u-p-e-r-i-o-r--c-o-u-r-t-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_2__8_7_,__3_2_0_,_348479
HB 295, Murray county, working streets in Incorporated towns _____________________372, 422-423, 450 HB 296, carrier pigeons, unlawful to shoot_ ______________________________________511, 543, 608-609 HB 298, Pickens county, abolish tax receiver and collector____________________________372, 423, 450 HB 299, Mcintosh county, consolidate tax receiver and collector____________________372, 423, 450-451 HB 301, Lumpkin county, reduce board commissioners by two members_________________336, 382, 400 HB 302, certified public accountants, communications with clients confidentiaL_____________ 728, 116 HB 303, Madison county academy, fix status_____________________________________ 372, 448, 474,-537 HB 304, Danielsville, regulate streets for business purposes________________________372-373, 423, 451 HB 305, Barnesville, additional powers for city offlclals_______________________________ 373, 423, 451
HB 306, Lamar county, create board of commissioners 373, 518, 549-550, 551, 565, 636, 676, 685-686, 876 HB 307, title Insurance defined-----------------------------------------418, 518, 608, 660-661, 675 HB 308, Forsyth county, tax assessor advlsors--------------------------------------------------373 HB 309, Forsyth county, correct voters' lisL---------------------------------------------------373 HB 314, Bacon county, require a bond of officials. -----------------------------------373, 423, 451 HB 315, Alma, extend city limlts_____________________________________________________373, 399, 426 HB 316, Bulloch tax commissioner, provide fees_______________________________373-374, 423, 451-452 HB 318, secretary of state, joint secretary examining boards, duties oL_________________703, 116, 916 HB 321, Bowman, unnecessary for voters to register each year_________________________374, 423, 452 HB 322, hotels not responsible for loss over $300______________________________________703, 776, 917 HB 324, Carroll county, salary of jaller__________________________________________374, 472, 495, 538 HB 326, Crawford county, four commissioner dlstrlcts_________________________________374, 423, 452
HB 327, Douglas, zone city ----------------------------------------------------------467, 543, 572 HB 328, Glascock county, repeal board of commlssloners_______________________________374, 423, 452 HB 329, Fulton county, fix salaries of officlals________________________________________________ 374 HB 332, Rockdale county, regulate solicitation of votes________________________________374, 678, 112
HB 333, cooperative associations, non-profit, charter 50 years _____________ 467, 494, 593, 799-800, 836 HB 334, Dooly county, change term of commlssioners__________________________________375, 518, 547
HB 335, Atlanta, Fulton and DeKalb counties, contract with hospital authority ______728, 776, 817-819 HB 337, hunting and fishing licenses----------------------------------------487, 543-544, 603, 964 HB 339, oysters, regulate production________________________________________________ _487, 544, 609 HB 340, Illegitimate child, no discrimination againsL __________________________________ 840, 910, 996 HB 341, Lamar county, repeal advisory board_________ 375, 518, 550, 551, 565, 636, 676, 685-686, 876 HB 344, Douglas county, create office of commissioner________________________________________ 487 HB 346, Coweta judicial circuit, compensation court reporters __________________________ 487, 544, 572 HB 348, Haralson county, recreate office of tax receiver and collector______________375, 423-424, 452
HB 349, Butts county, salary of clerk------------------------------------------------375, 424, 453 HB 354, Chattooga county, amend act abolishing board of commlssloners________________375, 424, 453 HB 355, Chattooga county, salary judge city court_____________________________________375, 424, 453 HB 356, Chattooga county, juvenile court_____________________________________________ 488, 540, 572
HB 357, Morrow, to lncorporate------------------------------------------------------467, 494, 519 HB 359, DeKalb county, fix date primary elections----------------------------------- 375, 424, 453 HB 360, DeKalb county, amend act abolishing tax receiver and collector____________376, 424, 453-454 HB 361, DeKalb County, examination for electriclans__________________________________ 703, 737, 779 HB 364, Dade county, $100 per month for sheriff for home guard duty__________________376, 424, 454 HB 366, Crawford county, two terms superior court___________________________________376, 424, 454
HB 369, Fulton county, operate schools on 24-hour basls------------------------------376, 448, 474 HB 370, unemployment contributions, revenue commissioner to collect delinquents _______ 703, 737, 913 HB 372, Chattahoochee county, reduce board of commissioners to three members ________376, 424, 454
HB 373, state guard, to create-----------------------------------------------418-419, 448, 526, 537 HB 374, Washington county, Increase salary of commlssioner______________________376, 424, 454-455 HB 375, Webster county, salary of commlssloner__________________________________376-377, 425, 455 HB 376, Webster county, fix salary tax commissloner__________________________________377, 425, 455 HB 380, Union county, salary school superintendenL ______________________________488, 540, 572-573 HB 383, Peach county, three terms superior court_________________________________488, 540-541, 573
HB 385, county boards of education, how selected In counties of less than 5 militia dlstrlcts ______ 703 HB 386, Cobb county, authorize leasing of county farm ________________________________377, 425, 455 HB 387, state library commission, transfer to board of educatlon______________________488, 541, 609 HB 388, Independent school systems share In Intangibles revenue______________________598, 653, 797 HB 390, Dooly county, change terms of commlssloners__________________________________________377
HB 391, aedmminineinsttrdatoomrsa,lne_x_e_c_u_t_o_r_s_, _c_o_n_v_e_y__r_i_g_h_t_s_-o_f_-_w__a_y__to__t_h_o_s_e__h_a_v_i_n_g_____________840, 877, 972-973
HB 392, Atlanta, oaths of office council members____________________________ _467, 659, 948-949, 973 HB 394, Davisboro, elect city clerk___________________________________________________ 467, 518, 54 7
HB 395, Marion county, pay premium on bond of treasurer____________________________377, 425, 455
HHBB 339968,, EWaatoshnitnogntoenleccot ucnittyy, $c1l0erdke-p-o-s-i-t--In---d-iv-o--rc-e--c-a--se-s-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_4_ 46878,, 551481,, 554773

1036

INDEX

HB 399, Putnam county, abolish monthly publication of reports--------------------317, 425, 455-456 HB 400, Clinch county, vacancy In office of solicitor to be filled by appointment
of Governor-----------------------------------------------------------------377, 425, 456 HB 402, Glynn county, abolish J. P-------------------------------------------394-395, 412, 495-498 HB 403, VIdalia, primary electlon-------------------------------------------------467, 494, 519-520 HB 404, Echols county, three commissioner dlstrlcts_______________________________377-378, 425, 456 HB 407, state highways, burn shoulders to protect forests ________________804, 846-847, 921-922, 982 HB 408, Thomaston, ellglblllty of councilmen for other offlces_____________________ 488, 518, 547-548
HB 410, farmers market, limit number of dealers-----------------------------------------------841 HB 411, pecans, regulate sale oL----------------------------------------------------598, 618, 895 HB 413, Sunday movies for men In armed forces-----------------------------395, 435, 587-589, 5!1'~ HB 417, Gilmer county, repeal office of commlssloner____________________________ _419, 448, 474-475 HB 418, Gilmer county, create county commlasloner__________________________________ _419, 448, 475
HB 419, homestead exemption, "Homestead" deflned ______________________530, 620-621, 896-897, 936
HB 420, Atlantic states marine fisheries commlsslon-----------------------703-704, 776-777, 917-918 HB 421, Hull, streets for business purposes, to zone___________________________468, 519, 548, 644-645 HB 422, Income tax, $2,500 exemption for widow or widower with mlnor chlld___________804, 910, 985
HB 424, absentee ballot, voucher slgned---------------------------------------------------129, 847 HB 428, fertlllzer, registration and reports--------------------------------------615, 678, 922, 1004 HB 430, power of attorney, death of person executing couples with Interest In property__703, 777, 918 HB 432, Gordon county, salary of commlssloner______________________________________-488, 541, 573 HB 434, Claxton, salaries of of!lclals_________________________________________________468, 494. 520 HB 435, Savannah, extend city llmlts________________________________________________468, 494, 520
HB 437, DeKalb county, waterworks advisory board____________488-489, 737, 826, 836, 851, 953, 972
HHBB 444308,, DSteoKnaelbMcoouunntatyin, pjuladnicniianlgcicrocmuimt,lsssalolanr_y__c_o_u_r_t__r_e_p_o__r_te__r_--_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_--5-9-8-,468291,, 660544
HB 443, Waynesboro, trial by jury of slx In city courL--------------------------------489, 541, 573 HB 444,Bibb county, slx terms superior courL-----------------------------------489, 541, 573-574 HB 445, Douglas county, clerical help for commlssloner___________________________ 489, 541, 574, 702 HB 446, Webster county, method of electing board of education_______________________ _489, 541, 575 HB 447, Douglas county, create board of commlssloners________________________________________ 489
HB 448, Tybee, authorize sewerage system-----------------------------------511, 621, 655-656, 675 HB 449, Moultrie, create new charter------------------------------------------------489, 541, 575 HB 453, Bulloch county, salary clerk superior courl-------------------------------489-490, 541, 575 HB 454, commissioned officers, ex-officio notaries publiC-----------------------------770, 811, 1001 HB 455, fiduciaries, joint control of money or assets ______________________________5ll, 621, 897-898
HB 456, trade names, registration of business application published In of.flclal organ__871, 910, 949-950
HHBB 445691,, bTiarltlhulcaehrtFifaicllast,e,amIsesunedd aocnts clenrctoairnpofraatclntsg-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_5_79084,, 771717,, 874173
HB 462, Carroll county, create board of commlssloners____________________ 490, 586-587, 624,-630, 675
HB 464, Wayne county, deeded certain land------------------------------------------490, 570, 604 HB 465, Taliaferro county, abolish county trewmrer-------------------------------490, 541-542, 575 HB 466, Clarke county, operate hospltaL-----------------------------------------490, 542, 575-576 HB 467, Soperton, change time city court terms---------------------------------------490, 542, 576 HB 468, Ben Hill county, regulate road houses------------------------------------770, 811-812, 849 HB 472, Marietta, extend city llmlts----------------------------------------------511, 570, 604-605 HB 473, Clarke county, fees In divorce cases-----------------------------------------490, 542, 576 HB 474, Candler county, fix salary clerk---------------------------------------------490, 542, 576 HB 476, Atlanta, death of firemen from Injuries____________________________________ 491, 542, 576
HB 477, Atlanta, pension city employees___ ---------------------------------481, 542, 576-577, Slf. HB 478, Gibson, amend act lncorporatllg_________________________________________511-512, 542, 577
HB 479, Brannen, W. Herbert, reimbursed for medical expenaes_______________871, 910-911, 1002-1003
HHBB 448814,, ASulbgaanry,Vatolleoyp, ebroatned t1rassnusep_o_r_t_a_ti_o_n__s_y__s_t_e_m__-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-5_51122,, 554720,, 560850
HB 485, Leslie, enlarge duties tax assessor--------------------------------------------512, 542, 577 HB 486, Hapeville, zoning ordlnances-------------------------------------------------512, 570, 605 HB 487, Morgan, abolish city courL---------------------------------------------491, 543, 577-578 HB 489, Bibb county, health ordlnances---------------------------------------------512, 542, 578 HB 490, Macon, fire hazards---------------------------------------------------------512, 543, 578 HB 491, Long county, county attorneY----------------------------------------------512, 543, 578 HB 493, Savannah, extend city limlts--------------------------------------------513, 5411, 578-579 HB 495, Blairsville, new charter---------------------------------------------530-531, 678, 712, 727 HB 496, Bleckley, Pulasld, Dodge counties, advance costs In divorce cases______________ _491, 543, 579
HHBB 459007,, ADuouggulsatsa,, aamboelnidshcchivairlteserr-v-i-c-e--c-o-m--m-l-s-s-lo-n--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_5_51133,, 557400,, 650759
HB 501, Augusta, create civil service commlsslon---------------------------------513, 570-571, 605 HB 502, Augusta, recall retired employees--------------------------------------------513, 571, 606 HB 504, parks, to be used for victory gardens-----------------------------------------770, 812, 938 HB 507, Henry county, abolish city court------------------------------------------------------513 HB 509, veterinary laboratory, $15,000 to equlP----------------------------------871, 911, 1003-1004 HB 510, Miller county, add one commissioner-- --------------------------------------513, 544, 579 HB 511, Miller county, solicitor city court on salarY--------------------------------513-514, 544,579 HB 512, Colquitt, salary for mayor---------------------------------------------------514, 544, 580 HB 513, birth certlflcate of adopted chlld------------------------------------704, 777, 950, 983-984

INDEX

1037

HHBB 551191,, SAatvlaanntnaa, he,xtreencdreactiitoynlicmoimtsmIlnsslDoenK__a_l_b__c_o_u_n__tY__-_-_-_-_-_-_--_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_--_-_-_-_5_9__8_-_559194,, 652414,, 655860
HB 521, Income tax, deduction allowed for amortization of war facllltles____________566-567, 621, 901 HB 524, Insulin, furnished diabetics free by health department-------------------------840, 909, 911 HB 525, solicitors general, leave of absence for armed forces___________________________649, 678, 786 HB 528, public service commission, compensation from motor common carrier fees ___840, 892, 959, 982 HB 529, Ben Hill county, special road supervlsor______________________________________567, 603, 623
HB 530, Ben Hlll county, depository pay warrants---------------------------------567, 603-604, 623 HB 531, misdemeanor cases, motion to parole entertained by judge at any time_______________ 840, 893 HB 532, Forsyth county, repeal board of commissloners_____________________________________649-650
HB 533, Emanuel county, abolish tax receiver and collector----------------------------599, 621, 656 HB 534, Rabun county, referendum on abolishing city court------------------------599, 847, 878-879 HB 535, J. P. dockets, 1st day of 1st term of superior courL_______________________770, 847, 924-925
HB 536, Abbeville, how candidates can quallfY----------------------------------------599, 621, 656 JIB 537, Winder, members board of education deal with cltY------------------------599, 621, 656-657 HB 538, Macon county, deposltorY--------------------------------------------------------567, 678 HB 539, DeKalb county or Fulton, &cqulre land for parks____ ---------------------------------704 HB oli40, Rochelle, assess property In rem__ ------- ------------------------------------599, 621, 657 HB 541, Clayton county, hours for polls to open and close______________________________ 704, 737, 780 HB 543, state school books, shall be printed In Georgla _________________________________704-705, 777
HB 544, Palmeto, two-thirds vote to sell electric planL----------------------------129, 777, 813-814 HHBB 554456,, PCaolbmbetctoou, ntsya,lasraielasryofofemtrepalsouyreeer_s_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_152697,, 670747,, 861234
HB 547, guardians, define power acting for incompetents----------------------650, 678-679, 686, 746 HB 548, Glynn county, abolish J. P--------------------------------------------------599, 622, 657 HHBB 554590,, GWleanswhionogdt,onInccouurntbyo, nrdeedduclendbeobndteodfneshsesr-l-f-f_--_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-7_50657,, 677074,, 862213--862234
HB 551, Fulton county, pension for Mrs. Charles E. Lyle---------------------------------------599 HHBB 555523,, sfitraetme eenx, amwianritnimg ebomaorbdlsl,lztaotioanb_o_l_l_s_h_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_7_0__7_,__7_7_7_, 880641, -886757,, 997089
HB 554, defense coordinate state and nationaL----------------------------------------804, 877, 902 HB 556, Income tax, exempt Income of charitable lnstitutions__________________________840, 911, 973
HB 557, Jefferson county, fees In divorce cases---------------------------------------705, 737, 780 HB 558, Cherokee county, pay costs for trial of misdemeanor convlcts__________________ 705, 737, 780
HHBB 556613,, WStoeowdabritnec,oufnixty,ciftiyx lslamlalrtys-o-f--c-l-e-r-k-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_5__9690-06, 06022, , 662527, -665587 HB 564, Stewart county, salary of disbursing clerk____________________________________600, 622, 658
HHBB 556697,, PWieilrccoex ccoouunnttyy,, preapyeablonadct oafboslhisehrlinfLg _t_r_e_a_s__u_r_e_r_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_6_1_5__, 660708, , 672122, -761583
HB 571, Danielsville, abolish city court_____________________ -----------------------------------615 HB 573, Houston county, 5 commissioner dlstrlcts _____________________________________705, 737, 780
HB 575, Dodge county, audit books---------------------------------------------------615, 678, 713 HB 577, firing woods, made felonr------------------------------------------------804-805, 847, 938 HB 580, Fulton county, amend pollee and firemen penslons____________________________705, 737, 781 HB 582, Atkinson county, abolish tax receiver and collector___________________________615, 678, 713
HHBB 558864,, DHeeKnraylbcocuonutnyt,y,satlaaxryfoorf ecdoumcmatlisosnloanl eprsu_r_p__o_s_e_s_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_8_0_5__, 780457,, 783789, -878811 HB 587, Henry county, salary of clerk of commlssloners___________________________705-706, 738, 781
HB 588, Ringgold, new charter-------------------------------------------------------706, 738, 781 HB 589, Brunswick, close certain alleys______________________________________706, 738, 781-782, 838
HB 590, Darien, close certain streets-------------------------------------------------106, 738, 782 HB 596, gasoline tax, abolish exemption to federal governmenL------------------------841, 892, 974 HB 597, Thomasville, commission form of government_____________________________706, 738, 782-783 HB 599, Clayton county, commissioners' pay repealed _________________________________706, 738, 783
HB 600, Rockmart, additional powers to mayor----------------------------------------706, 738, 783 HB 601, Richmond county, $15 advance deposit
In divorce cases___________________________706-707, 778, 946, 952-953, 971-972, 982, 984-985 HB 602, Richmond county, judge city court may practice law___________________________707, 847, 881
HB 603, Richmond county, pension for employees----------------------------------707, 778, 815-817 HB 604, Lanier county, court abolished-----------------------------------------------707, 738, 783 HB 605, Lanier superior court, 4 terms-----------------------------------------------107, 738, 783 HB 606, workman'~t compen.satlon law, to Include state, county and municipal
employees---------------------------------------------------------805, 878, 961-963, 1001 HHBB 660078,, SCmhaytrtnoao,gazoconuinngty,latwo sI_s_s_u_e__b_o__n_d_s_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-7-0-7---7-0-81, 0773,8-777389,, 872833--872854
HB 609, East Point, zoning laws-----------------------------------------------------129, 812, 849 HB 612, Richmond county, fix salaries deputy offlclals_______________________708, 847, 881-884, 935 HB 614, Twiggs county, 4-year term for commlssloners_________________________________ 729, 847, 884
HB 615, Valdosta, Itemized statement of salarles---------------------------------------129, 778, 814 HB 616, Richmond county, salary a.sslstant sollcltor______________________________770, 847, 884-885
HB 611, Richmond county, assistant solicitor for city court-----------------------------770, 812, 849 HB 618, Augusta, solicitor general salarY-------------------------------------129-730, 847-848, 885 HB 620, principal, surrendering of, service by publlcation______________________________ 771, 812, 922 HB 621, Montgomery county, repeal act amending act new board of commlssloners_______________ 730

1038

INDEX

HB 622, ~lontgomery county, amend act new board of commlssloners ____________________________ 730 HB 623, Augusta, salaries deputies of municipal courL _______________________ 730, 848, 889-890, 935
HB 624, Screven county, abolish treasurer----------------------------------------130, 812, 849-850 HB 625, Screven county, correct injustice to treasurer_________________________________730, 812, 850
HHBB 662276,, HHeennrryy ccoouunnttyy,, 3abtoelrimshs scuitpyercioorurcLou-r-t_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_773n0 HB 628, Valdosta, extend city llmits__________________________________________________ 771, 812, 850
HB 629, Dodge county, publish list of registered voters _________________________________ 771, 812, 850
HB 631, Mineral Bluff, new charter-----------------------------------------------------------111 HB 632, convicts, hire -for work on farm for duration ________________________841-842, 877, 1005-1006 HB 635, Gainesville, retirement fund amended______________________________________ 771, 813, 850-851
HB 638, Treutlln county, $15 deposit In divorce case-----------------------------841, 878, 911-912 HB 639, Atlanta, Inefficiency in civil servlce____________________________________871, 935, 995, 1006 HB 640, Baker county, county-wide election of commlssloners __________________________805, 848, 885 HB 644, Moultrie, repeal sales and Income tax ____________________________________841, 878, 912, 957
HB 647, Brunswick, use Palmetto Square for tourist camP-----------------------------841, 878, 912
HOUSE RESOLUTIONS
HR 7, Inaugural escort committee_____________________________________________________________ 13
HHRR 181,, CrercueissserHAoutlsaentaan, dboSnednadtrelv-e-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_1439,, 5104
HHRR 1124,, cgoaompeeraatned wfitsthh PcoremsmidlesnsltonR__o_o_s_e_v__e_l_L_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-3-9-5-,--48752,, 69322, -613034
HR 18, budget message of Go\ernor, joint sesslon-------------------------------------------48, 49 HR 20, American Coolalr Corp., paid for fans ___________________________ 287, 472, 525, 920-921, 974
HR 23, ten-day session, to adjourn--------------------------------------------------------64, 67 HR 25, notify Governor, regular session convened----------------------------------------------13 HR 27, OPA, urged to Increase kerosene allotment______ ----------------------------------------85 HR 28, Cobb county, funding bonds------------------------------------------274, 320-321, 351-354 HR 30, "George Plan" federal Income taxes, to endorse--------------------------------97, 123, 251 HR 33, "Shut-Ins' Day" --------------------------------------------------------287, 341-342, 406 HR 36, used car dealers, suspend one-half license tax_ ___________________________ 274-275, 321, 406 HR 37, auto truck dealers, confirm suspension one-half license tax____________________275, 321, 406 HR 38, Spalding county, divide Into school dlstricts_______________________________468, 653, 740-742 HR 43, Ray City, refunding bonds_______________________________________________708, 778, 890-891 HR 56, Battleship Georgia sliver, pay heirs of Charles W. Crankshaw______________419, 472, 524-525 HR 57, Beauchamp, Willoughby, and Harold Langston, paid for lnjurles________________378, 472, 639 HR 58, school children, transportation and care by school dlstrlcts _____ 730-731, 812-813, 926, 957-959 HR 59, victory tax, members General AssemblY---------------------------------------275, 294, 356 HR 65, auto tags, time extended to llarch 1sL------------------------------------------------182 HR 66, Brig. Gen. Eric Fisher Wood to address General AssemblY----------------------188, 203-204 HR 68, revenue anticipation obligations, not deemed debts________________________491, 622, 690-691 HR 71, Pete Goddard relieved on bond of Noah Grlmes_______________________________491, 519, 548 HR 73, Stocks Coal Co., paid $756.64 for coaL___________________________________871, 911, 996-997 HR 75, Claxton, deeded land for use of farmers __________________________________ 378, 494-495, 609
HR 76, Union county, to be deeded land by state---------------------------------378, 425, 609-610 HR 82, Frank D. Foley named on W. & A. railroad commlsslon_______________________378, 495, 548
HR 89, Beardsley Rum!, to address General Assembly-----------------------------------------388 HR 91, bills of exception, supreme court and court of appeals_____________________395, 778, 918-919 HR 92, divorce, members of armed forces may file after year's resldence___________805, 848, 955-956 HR 94, Dougherty county, furnished law books__________________________491, 544, 580-581, 630-631 HR 95, LaCount, J. M., relieved on bond of Dave Meadow_________________________492, 519, 548-549 HR 101, Dr. 0. A. Selman paid past due rent on Chattooga bank_______________________ 600, 653, 713 HR 102, Camp Stewart, request government to fence anti-aircraft base__________________708, 739, 800 HR 103, Fred Black, Jr., widow paid for funeral expenses_____________________________871, 903, 977 HR 107, how to pledge allegiance to Georgia fiag______________________________________708, 778, 920 HR 111, Bibb county, establish sanitary dlstrlcts__________________________________708, 739, 795-797
HR 115, Juliette Low Girl Scout Day___ ------------------------------------------108, 778, 893-894 HR 118, Atlanta, Fulton county, advertise, promote developments_______________ 731, 778-779, 885-887 HR 119, paper bags, conform to war production board orders______________805, 848, 902, 959-960, 1001 HR 120, social security, urge Congress to equalize payments from funds _____________708-709, 779, 920 HR 125, Walton county furnished law books------------------------------------------805, 878, 912 HR 126, Fulton county, temporary loans__________________________________________731, 779, 887-889
HR 129, Jefferson county, furnish supreme court reports-------------------------------109, 779, 814 HR 131, Jewish homeland In Palestine endorsed------------------------------------------------546 HR 133, llrs. J. D. Bridges paid benefits for death of husband In state guard __________709, 779, 997 HR 135, auto tags, time extended to April 1st__________________________________________________589 HR 137, Glynn county, state properties commission sell land____________________________ 709, 739, 784
HR 138, peanut Incentive payments, readjust program-------------------------------------------610 HR 140, Governor Arnall, joint session for message_____________________________________________606 HR 141, pharmacy corps, request Congress to establish In army_____________________ 842, 911, 994-995
HR 142, Glynn county, declare proper name of "Sea Island" --------------------------109, 739, 784

INDEX

1039

HR 144, Wiley ~foore, invitation to barbecue accepted------------------------------------------639 HR 146, veteran's preference In civil service__________________________805-806, 848, 969-970, 986-987 HR 149, Cordele, Crisp county, contract with hospital authority____________ 709, 779, 819-821, 960-961 HR 150, message from ,Governor, joint session to hear___________________________________________659 HR 151, Governor, to address joint session_____________________________________________________ 664
HR 153, Milledgeville, Old Capitol Square, $12,900.30 for street assessments _____ 871-872, 911, 997-998 HR 155, HOLC, oppose Jiquidatlon_____________________________________________________________842 HR 157, beer crowns, tax paid, replace with stamps or labeJs__________________________842, 892, 978 HR 158, Oglethorpe county, furnish court reports----------------------------------842, 878, 912-913 HR 160, teacher retirement system____________________________________________842-843, 878, 923-924 HR 161, Secretary Wickard urged to remove restrictions on farm products ______ :~------806, 848, 926 HR 163, Wiley Moore thanked for barbecue----------------------------------------------------865 HR 164, venereal diseases, cooperate with law enforcement officers______________________________866 HR 168, post-war planning urged by industrial leaders__________________________________________872 HR 169, chenille machine donated to state museum by Glenn Looper_____________________________934
HHRR 117710,, Juergffe Dnaavmisincgoudnetsyt,rouyregre faafrtemrerCsa' pmt, aMrkceinLto-s-h---K-e-l-l-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_993344 HR 174, notify Governor General Assembly ready to adjourn sine die__________________994, 1001-1002 HR 175, sine die adjournmenL---------------------------------------------------------------1011