JOURNAL OF THE SENATE OF THE STATE OF GEORGIA OF THE REGULAR SESSION OF THE GENERAL ASSEMBLY Commenced at ATLANTA, MONDAY, JANUARY 8, 1945 BowEN PREss Decatur, Ga. OFFICERS OF THE STATE SENATE TERM 1945-1946 FRANK C. GROSS, 31st District. ............... President STEPHENS COUNTY SPENCE M. GRAYSON, I st District .. President Pro Tern. CHATHAM COUNTY MRS. HENRY W. NEVIN .................... Secretary WHITFIELD COUNTY ELBERT FORESTER ............... Assistant Secretary DADE COUNTY ]. B. CHEATHAM, JR.................... Reading Clerk FLOYD COUNTY MRS. BILLIE P. SEAY .................. Calendar Clerk DEKALB COUNTY EDNA E. SWANN ....................... Journal Clerk QUITMAN COUNTY ROBERT H. BRINSON, JR............. Messenger Clerk jENKINS COUNTY DR. R. A. FORREST .......................... Chaplain STEPHENS COUNTY SID WILLIAMS ............................. Messenger MERIWETHER COUNTY A. PERRY GRIFFIN ....................... Doorkeeper DEKALB COUNTY Senate Journal Senate Chamber, Atlanta, Georgia. Monday, January 8, 1945. The senators-elect of the General Assembly of Georgia for the year 1945-1946 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Mrs. Henry W. Nevin of Whitfield County, secretary of the Senate. The invocation was offered by Rev. James P. Wesberry, Pastor of the Morningside Baptist Church, Atlanta, Georgia. The following communication from the Honorable John B. Wilson, secretary of state, certifying the senators-elect in the general election of 1944, was received and read: State of Georgia Department of State John B. Wilson, Secretary of State Atlanta January 8, 1945. Secretary of the State Senate State Capitol Atlanta, Georgia Dear Madam: I am transmitting herewith the names of the Senators elected in the general election held November 7, 1944, 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. Very truly yours, John B. Wilson, Secretary of State. 6 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 the one page of typewritten matter hereto attached contains a true and correct list of the Members of the Senate of the General Assembly of the State of Georgia elected in the general election held the seventh day of November, 1944, 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 8th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-five and of the Independence of the United St!ltes of America the One Hundred and Sixty-ninth. John B. Wilson, (Seal} Secretary of State. I. Spence Grayson 2. Mose Edenfield 3. J. P. Shedd 4. James D. Gould, Jr. 5. A. T. Minchew 6. E. H. Brown 7. Wallace Harrell 8. John L. Drake 9. Wm. Henry Wall 10. George Sabados 11. Rebecca L. Rainey 12. George Y. Harrell 13. C. L. Battle 14. Dr. V. C. Daves 15. Guy Stone 16. Jim L. Gillis, Jr. 17. Dr. W. H. Bennett 18. Leon L. Peebles 19. Hawes Cloud STATE SENATE 1945-1946 20. Marvin Moate 21. A. M. Greene 22. Wm. B. Freeman 23. A. C. Riley 24. H. Dixon Smith 25. J. L. Bentley 26. B. H. Hodges 27. W. M. Holsenbeck 28. Charles T. Edwards 29. John Drinkard 30. Peyton S. Hawes 31. Frank C. Gross 32. Arthur J. Nix 33. W. L. Norton 34. Mel! Turner 35. Ralph L. Turner 36. 0. W. Hill 37. H. W. Caldwell 38. W. C. :\Ioore TUESDAY, JANUARY 9, 1945 7 39. Sam J. Welsch 40. Dr. C. G. Wellborn 41. T. A. Chastain 42. T. A. Cook 43. J. Roy McGinty 44. John L. Mavity 45. C. 0. Walker 46. Homer L. Causey 47. George W. Branch 48. C. E. Yawn 49. Dr. D. L. Deal 50. N. G. Slaughter 51. J. J. Baggett 52. G. Everett Millican The senators-elect presented themselves at the secretary's desk as their districts and names were called, where Associate Justice W. H. Duckworth of the Supreme Court of Georgia administered to them the oath of office. Senator Daves of the 14th and Senator Battle of the 13th, being absent, were not administered the oath of office on this date. Calling the Senate to order, the secretary announced that the next order of . business ":'as the election of a president of the Senate. Senator. Grayson of th~ 1st nominat~d the Honorable Frank C. Gross, the Senator fr~m the 3'1st~ The nomination was seconded by Senator Millican of the 52nd and Senator Freeman of the 22nd, and upon motion of Senator Mavity of the 44th the nominations were closed. Senator Mavity of the 44th 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 Hawes of the 30th, Greene of the 21st, Drinkard of the 29th, Edenfield of the 2nd, and Cook of the 42nd. Upon being presented to the Senate by the secretary, the president addressed the members and expressed appreciation of his election as presiding officer. The next order of business being the election of a secretary of the Senate, Senator J. Roy McGinty of the 43rd district nominated Mrs. Henry W. Nevin of Whitfield County. The nomination was seconded by Senator John Mavity of the 44th. Senator Mavity of the 44th moved that the nomination be closed and the motion prevailed. Senator Millican of the 52nd asked unanimous consent to dispense with the roll call and instruct the secretary to cast the unanimous vote of the Senate for Mrs. Henry W. Nevin, and the consent was granted. 8 JOURNAL OF THE SENATE, The president declared Mrs. Nevin elected secretary by unammous vote of the Senate. The president appointed as a committee, to locate and escort the secretary-elect to her desk, the following: Senators, Drake of the 8th, Causey of the 46th, Stone of the 15th and Rainey of the 11th. :Mrs. 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 her appreciation of the honor conferred upon her. The secretary then presented the following assistants: Elbert Forester, J. B. Cheatham, Jr., Robert H. Brinson, Jr., and Mrs. Billie P. Seay. The following resolutions of the Senate were read and adopted: SR 1. By Senator Millican of the 52nd: A resolution instructing the secretary of the Senate to notify the House of Representatives that the Senate l.as convened, organized by the election of Honorable Frank C. Gross of the 31st, as president, and Mrs. Henry W. Nevin of Whitfield county a; secretary, and is ready for the transaction of business. SR 2. By Senator :VIillican of the 52nd: 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 resolutions, Senator Baggett of the 51st, and Smith of the 24th. SR 3. By Senators Stone of the 15th and Millican of the 52nd: A resolution adopting the rules of the 1943-44 session of the Senate as rules for the 1945-46 session except that the same rules be amended as to provide for a committee on Veterans' affairs. SR 4. By Senator Millican of the 52nd: A resolution providing for rules to govern appointment of Senate attaches and fixing their per diem and pay. TUESDAY, JANUARY 9, 1945 9 The assistant secretary, Mr. Elbert Forester, and the following attaches of the secretary's office were administered their respective oaths of office by the president. Messrs. Robert H. Brinson, Jr., J. B. Cheatham, Jr., Mrs. Billie P. Seay, Edna Swann, Barbara Carter and Marjorie Ayers. Senator Turner of the 34th asked unanimous consent that the following be allowed to choose their seats: Senators Cloud of the 19th, Rainey of the 11th, Harrell of the 12th and Turner of the 35th. The consent was granted. The following privilege resolution by Senator Millican of the 52nd was read and adopted: A RESOLUTION WHEREAS, the Senator of the 13th District, C. L. Battle, is ill and a patient in the Georgia Baptist Hospital, in Atlanta, and is unable to be present at the opening session of the Senate. BE IT RESOLVED, by the members of the Senate that we express our deepest regrets to the Senator over his absence and our profound hope for his speedy recovery. The following message was received from the House through Mr. P. T . .YicCutchen, Jr., 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 Ric::hmond as speaker, and the Honorable P. T. McCutchen, Jr., of Fulton as clerk, and is ready for the transmission of business. The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the House to wit: HR 2. By Mr. Durden of Dougherty: A resolution that a committee of five be appointed, two on the part of the Senate and three on the part of the House, to notify His Excellency, the Governor, that the General Assembly of Georgia has convened in regular session, has organized and is now ready for the transaction of business. 10 JOURNAL OF THE SENATE, The speaker has appointed as a committee on the part of the House, the following members of the House to wit: Messrs: Arnall of Coweta Jennings of Terrell Cates of Burke The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolutions of the House to wit: HR 5. By Mr. Durden of Dougherty: A resolution the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives at twelve o'clock noon, Tuesday, January 9, 1945, for the purpose of hearing a message from his Excellency, the Governor, and that a committee of five, three to be named by the speaker of the House and two by the president of the Senate, be appointed to escort the Governor to the session. The speaker has appointed as a committee on the part of the House, the following members of the House to wit: Messrs: Gowen of Glynn Weaver of Bibb Lam of Troup The following resolution of the House was read and adopted: HR 5. By Durden of Dougherty: A resolution the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives at twelve o'clock noon, Tuesday, January 9, 1945, for the purpose of hearing a message from His Excellency, the Governor, and that a committee of five, three to be named by the speaker of the House and two by the president of the Senate, be appointed to escort the Governor to the session. The president appointed as a committee on the part of the Senate to escort the Governor to the Session, the following: Senators Welsch of the 39th and Slaughter of the 50th. TUESDAY, JANUARY 9, 1945 11 The MXt order of business being the election of a president pro tempore of the Senate, Senator Stone of the 15th nominated Honorable Spence Grayson of the 1st. The nomination was seconded by Senators Causey of the 46th, Freeman of the 22nd and Smith of the 24th. Senator Sabados of the lOth moved that the nomination be closed and Senator Millican of the 52nd 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 Grayson as president pro tempore. The consent was granted and the president declared Senator Grayson duly elected president pro tempore by unanimous vote of the Senate. The president appointed as a committee to find and escort Senator Grayson to the president's stand the following: Senators Wall of the 9th, Freeman of the 22nd, Hawes of the 30th, Norton of the 33rd and Branch of the 47th. The president presented the president pro tempore to the members of the Senate and he responded with expression 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 Turner of the 34th nominated the Honorable Perry Griffin of DeKalb caunty. Senator Causey of the 46th and Millican of the 52nd seconded the nomination. Senator Sabados of the lOth moved that the nomination be closed and asked unanimous consent that the secretary be instructed to cast the unanimous vote of the Senate 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 committee to find and escort Mr. Griffin to the president's stand the following: Senators Hill of the 36th, Turner of the 35th, McGinty of the 43rd. The president presented Mr. Griffin to the members of the Senate and he responded with expression of appreciation for the honor he had received. The next order of business being the election of a messenger of the Senate, Senator Hill of the 36th nominated Honorable Sid Williams of Meriwether county. The nomination was seconded by Senator Harrell of the 7th, who moved that the nomination be closed and 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. 12 JOURNAL OF THE SENATE, 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. Williams to the president's stand the following: Senators Slaughter of the 50th, Yawn of the 48th and Chastain of the 41st. The president presented Mr. Williams to the members, who expressed his appreciation for being elected to this post. The president appointed Senator Millican of the 52nd as floor leader of the Senate for the 1945-1946 session. Mrs. Wall, wife of the Senator of the 9th, was presented to the Senate by the president. Mrs. George L. Harlan, mother of the secretary of the Senate, was introduced by the president. A telegram from Senator Daves of the 14th, expressing regret that he was unable to attend the opening day session due to illness in his family, was read by the president. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The presid~nt announced the Senate adjourned until tomorrow morning at 10 o'clock. TUESDAY, JANUARY 9, 1945 13 Senate Chamber, Atlanta, Georgia. Tuesday, January 9, 1945. 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 Dr. R. A. Forrest, President Toccoa Falls Bible Institute, as chaplain. Scripture and prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Millican of the 52nd 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 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: SB 1. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Grayson of the 1st. A bill to amend Section 40-1801 of the Code of Georgia of 1933 as amended by Acts 1943, page 361, 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 for election of State Auditor by the General Assembly, to provide the term of office; to provide the manner of election, to provide for filling of vacancy in the office of the State Auditor; to repeal conflicting laws; and for other purposes. Referred to Committee on State of Republic. 14 JOURNAL OF THE SENATE, SB 2. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th and Freeman of the 22nd: A bill to amend an Act entitled an Act to create a Department of Public Safety for Georgia, etc., approved March 19, 1937 (Georgia Laws 1937, pages 322-355), so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper of the Uniform Division of the Department of Public Safety, etc., and for other purposes. Referred to Committee on State of Republic. SB 3. By Senators Millican of 52nd, Gross of the 31st, Grayson of the 1st, and Causey of the 46th: A bill to be entitled an Act to authorize and empower the State of Georgia acting by and through the Governor; the State Auditor and the Attorney General and with unanimous consent of said officials to take or damage by condemnation private property for public purposes of the State of Georgia upon paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers to the State Highway Board of Georgia and the Regents; and for other purposes. Referred to Committee on State of Republic. SB 4. By Senators Millican of the 52nd, Gross of the 31st, Mavity of the 44th and Stone of the 15th: A bill to be entitled an act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes. Referred to Committee on Appropriations. SB 5. By Senators Gross of the 31st and McGinty of the 43rd: A bill to repeal in its entirety Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes; and for other purposes. Referred to Committee on State of Republic. SB 6. By Senators Millican of the 52nd and Gross of the 31st: A bill to amend the act approved February 16th, 1943, entitled "An act TUESDAY, JANUARY 9, 1945 15 to declare certain days as religious holidays; etc." By providing that the fourth Thursday in November, known as Thanksgiving day, be a public and legal holiday in the State of Georgia; and for other purposes. Referred to Committee on State of Republic. SB 7. By Senator Millican of the 52nd: A bill to regulate the sale of second hand watches, to require all persons engaged in buying and selling watches to affix and keep affixed on all second hand watches a tag plainly marked "Second Hand"; to require that all second hand watches displayed for sale shall be displayed as "Second Hand"; and for other purposes. Referred to Committee on State of Republic. SB 8. By Senator Millican of the 52nd: A bill to amend an act approved March 15, 1943, entitled "An act to create civil service board in Fulton county, to provide for the appointment and removal of said Board and their qualifications, term of office and salaries; to prescribe the duties of the civil service board; to provide what employees the provisions of this act shall be applicable, etc." Referred to Committee on Counties and County Matters. SB 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st, Grayson of the 1st: A bill to provide for the making of Procedure and practice-in the courts of this state simpler and more expeditious, without unnecessary technicality, and to make litigation less expensive and cumbersome; to that end, vest in the Justices of the Supreme Court of Georgia the power to adopt, modify and repeal rules of procedure, etc.; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to provide for the holding of Bar Examinations in this state, to repeal all laws in conflict therewith; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 11. By Senators Freeman of 22nd, Harrell of the 7th, Grayson of the 1st and Gross of the 31st: 16 JOURNAL OF THE SENATE, A bill to create a public corporation to be known as "The Georgia Bar," which shall have among its powers the power and authority to make regulations governing the professional conduct of those admitted to the bar of this State; to provide through it a tribunal having jurisdiction to investigate the conduct of members of the bar; and for other purposes. Referred to Committee on General Judiciary No. I. SB 12. Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd: A bill to create a Judicial Council for the State of Georgia, to provide for the membership thereof; and its duties and authority; and for other purposes. Referred to Committee on General Judiciary No. I. SB 13. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd: A bill to authorize the Superior Courts of this State to render Declaratory Judgments; to provide for the procedure for obtaining declaratory judgments; to declare the effect thereof; and for other purposes. Referred to Committee on General Judiciary No. I. SB 14. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th and Freeman of the 22nd: A bill to provide for the prompt filing of acts of the General Assembly with the clerk of the Superior Courts; and for other purposes. Referred to Committee on General Judiciary No. I. SB 15. By Senators Freeman of the 22nd, Harrell of the 7th, Grayson of the 1st and Gross of the 31st: A bill to provide for the granting of supersedeas and orders in the nature of supersedeas by the Supreme Court and Court of Appeals of Georgia and to declare the law on that subject, and for other purposes. Referred to Committee on General Judiciary No. 1. SB 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to provide for the service process, summonses and notices m this State, and for other purposes. TUESDAY, JANUARY 9, 1945 17 Referred to Committee on General Judiciary No. I. SB 17. By Senator Mavity of the 44th: A bill to amend an Act entitled "Walker Commissioners Office Created" approved February lOth, 1939 (Act of 1939, page 751}, by providing that the compensation of the Commissioners of Roads and Revenue of Walker county shall be Seven Thousand Five Hundred ($7,500.(X)) per annum as hereby enacted instead of Four Thousand Dollars per annum as provided for in said Act of 1939, and for other purposes. Referred to Committee on Counties and County Matters. SB 18. By Senator Gould of the 4th: A bill to amend the Georgia State Guard Act of 1933, by designating the duties and rank of the commanding officer, to provide certain immunities, to provide for acceptance and use of Federal property; and for other purposes. ~ Referred to Committee on Military Affairs. SR 5. By Senator Gould of the 4th: A resolution memorializing the Congress of the United States on the Post War Military Establishment and the status of the National Guard; and for other purposes. Referred to Committee on Military Affairs. The president announced the following standing committees of the Senate for the sessions of 1945-1946: ACADEMY FOR THE BLIND Deal, Chairman Bentley, Vice-Chairman Smith, Secretary Drinkard Edwards Freeman Holsenbeck, Chairman Cook, Vice-Chairman Bentley, Secretary AGRICULTURE Baggett Branch Caldwell 18 JOURNAL OF THE SENATE, Drake Drinkard Gillis Green Harrell of the 7th Hill Hodges Minchew Moore Nix Rainey Stone Turner of the 34th Wellborn Welsch AMENDMENTS TO THE CONSTITUTION Harrell of the 7th, Chairman Cloud, Vice-Chairman Causey, Secretary Baggett Branch Caldwell Daves Edenfield Freeman Gillis Gould Grayson Green Hawes Mavity Millican Moate McGinty Norton Rainey Smith Stone Turner of the 34th Turner of the 35th Wall APPROPRIATIONS Baggett, Chairman Freeman, Vice-Chairman Welsch, Secretary Battle Branch Cook Drake Edenfield Gould Grayson Hawes Hodges Millican Moate Moore Nix Riley Sabados Smith Stone Turner of the 34th Turner of the 35th TUESDAY, JANUARY 9, 1945 19 Branch, Chairman Smith, Vice-Chairman Stone, Secretary Battle Bennett AUDITING Cook Edwards Hawes Hill Holsenbeck Edenfield, Chairman Millican, Vice-Chairman Gould, Secretary Brown Drake AVIATION Grayson Green Peebles Wall Welsch BANKS AND BANKING Turner of the 35th, Chairman Baggett, Vice-Chairman McGinty, Secretary Battle Causey Chastain Cloud Deal Hill Millican :\tloate Moore Sabados Stone Turner of the 34th Walker Bentley, Chairman Chastain, Vice-Chairman Hill, Secretary Hodges COMMERCE :\-lcGinty Moore Sabados CONGRESSIONAL AND LEGISLATIVE RE-APPORTIONMENT Yawn, Chairman Sabados, Vice-Chairman Cook, Secretary Baggett Brown Deal Drake Grayson Walker Wellborn 20 JOURNAL OF THE SENATE, CONSERVATION Shedd, Chairman Gillis, Vice-Chairman Branch, Secretary Baggett Causey Chastain Daves Deal Drake Drinkard Edwards Hill Hodges McGinty Millican Moore Norton Rainey Sabados Smith Walker Wall Welsch Yawn CORPORATIONS Hill, Chairman Drake, Vice-Chairman Edenfield, Secretary Battle Cloud Freeman Gillis Harrell of the 12th Hodges Minchew COUNTIES AND COUNTY MATTERS Moate, Chairman Yawn, Vice-Chairman Brown, Secretary Cook Freeman Grayson Greene Harrell of the 7th Hill Hodges Millican Minchew Nix Norton Rainey Smith Welsch DRAINAGE Grayson, Chairman Greene, Vice-Chairman Drake, Secretary Mavity Smith Stone Turner of the 35th Yawn TUESDAY, JANUARY 9, 1945 21 EDUCATION AND PUBLIC SCHOOLS Caldwell, Chairman McGinty, Vice-Chairman Edwards, Secretary Branch Brown Causey Daves Grayson Hawes Hill Hodges Holsenbeck :Yiillican :VI inc hew :Moore .:'llix Peebles Sabados Smith Walker Wall Wellborn Welsch Yawn Nix, Chairman Norton, Vice-Chairman Yawn, Secretary Gould ENGROSSING Harrell of the 7th Harrell of the 12th Hill Wellborn Drinkard, Chairman Brown, Vice-Chairman Shedd, Secretary Battle Smith, Chairman Branch, Vice-Chairman Millican, Secretary Brown Causey Chastain Cloud Cook Drake Freeman Gillis Grayson ENROLLMENT Edenfield Freeman Gould :VIinchew FINANCE Greene Harrell of the 7th Harrell of the 12th Holsenbeck :Havity ~ix Riley Sabados Turner of the 34th Turner of the 35th Yawn 22 JOURNAL OF THE SENATE, GAME AND FISH Gillis, Chairman Edenfield, Vice-Chairman Nix, Secretary Baggett Brown Chastain Deal Drake Drinkard Freeman Grayson Harrell of the 7th Hodges Hill Minchew McGinty Moore Smith Walker Wall Yawn GENERAL JUDICIARY NUMBER ONE Welsch, Chairman Riley, Vice-Chairman Sabados, Secretary Cloud Freeman Grayson Greene Harrell of the 7th Hawes Millican Turner of the 34th Yawn GENERAL JUDICIARY NUMBER TWO Causey, Chairman Hawes, Vice-Chairman Cloud, Secretary Baggett Bennett Brown Harrell of the 12th Millican Sabados Yawn HALLS AND ROOMS Baggett, Chairman Walker, Vice-Chairman Chastain, Secretary Battle Slaughter TUESDAY, JANUARY 9, 1945 23 HIGHWAYS AND PUBLIC ROADS Drake, Chairman Turner of the 35th, Vice-Chairman Caldwell, Secretary Battle Bennett Bentley Branch , Causey Chastain Daves Edwards Harrell of the 12th Hawes Hill Hodges Holsenbeck Millican Moate Moore Norton Peebles Riley Shedd Slaughter Smith Stone Turner of the 34th Wall Wellborn HISTORICAL RESEARCH Rainey, Chairman Edwards, Vice-Chairman Grayson, Secretary Drinkard Hodges Nix Peebles Wall HYGIENE AND SANITATION Daves, Chairman Deal, Vice-Chairman Wall, Secretary Bennett Greene Mavity Minchew Norton Slaughter Smith Stone Turner of the 34th INDUSTRIAL RELATIONS Mavity, Chairman Caldwell, Vice-Chairman Moate, Secretary Branch Brown Freeman Grayson Harrell of the 7th Holsenbeck Millican Norton Stone Turner of the 34th Welsch 24 JOURNAL OF THE SENATE, Norton, Chairman Peebles, Vice-Chairman Cireene, Secretary Branch Causey Drake Cirayson Hodges INSURANCE Minchew Shedd Smith Stone Turner of the 34th Wall Yawn INTERSTATE COOPERATIVE COMMITTEE OF COUNCILS OF STATE CiOVERNMENT Hawes, Chairman Stone, Vice-Chairman Drinkard, Secretary Causey Moate INTERNAL IMPROVEMENT Battle, Chairman Slaughter, Vice-Chairman Deal, Secretary Freeman Smith Walker Walker, Chairman Rainey, Vice-Chairman Moore, Secretary Battle JOURNALS Bennett Drake Ciillis Sabados MANUFACTURERS Harrell of the 12th, Chairman Ciould, Vice-Chairman Battle, Secretary Branch Chastain Hill Moate Shedd MILITARY AFFAIRS Ciould, Chairman Hodges, Vice-Chairman P.ennett, Secretary Drake Grayson Harrell of the 7th Norton Smith Stone Wellborn TUESDAY, JANUARY 9, 1945 25 Chastain, Chairman Nix, Vice-Chairman Slaughter, Secretary Battle MINES AND MINING Deal Drinkard Hawes McGinty MOTOR VEHICLES Greene, Chairman Moate, Vice-Chairman Gillis, Secretary Baggett Branch Causey Cloud Cook Daves Drake Drinkard Hill Mavity Millican Minchew Stone Turner of the 34th Wellborn MUNICIPAL GOVERNMENT Turner of the 34th, Chairman Causey, Vice-Chairman Rainey, Secretary Baggett Branch Cook Drake Drinkard Millican Norton Smith Welsch PENSIONS Hodges, Chairman Harrell of the 7th, Vice-Chairman Riley, Secretary Cook Drake Edwards Gould Harrell of th.: 12th Minchew Rr.iney Sabados Shedd 26 JOURNAL OF THE SENATE, Mavity, Chairman Hill, Vice-Chairman Gillis, Secretary Bennett Bentley Causey Drake Edenfield Edwards Freeman Gould Greene PENITENTIARY Harrell of the 7th Hawes Hodges Moate Nix Rainey Riley Sahados Smith Stone Walker Yawn PRIVILEGES AND ELECTIONS Bennett, Chairman Battle, Vice-Chairman Turner of the 35th, Secretary Edenfield Gould Harrell of the 12th Rainey Shedd PRIVILEGES OF THE FLOOR Brown, Chairman Minchew, Vice-Chairman Harrell of the 12th, Secretary Daves Rainey Wall Yawn Rainey, Chairman Wall, Vice-Chairman Hodges, Secretary PUBLIC LIBRARY Bennett Turner of the 34th PUBLIC PRINTING McGinty, Chairman Drinkard, Vice-Chairman Holsenheck, Secretary Battle Bentley Edenfield Yawn TUESDAY, JANUARY 9, 1945 27 PUBLIC PROPERTY :Moore, Chairman Welsch, Vice-Chairman Baggett, Secretary Branch Caldwell Hawes Hill Rainey PUBLIC UTILITIES l\tlillican, Chairman Mavity, Vice-Chairman Daves, Secretary Baggett Brown Cook Deal Drake Drinkard Harrell of the 7th Moate Slaughter Smith Stone Wall PUBLIC WELFARE Minchew, Chairman Wellborn, Vice-Chairman :Mavity, Secretary Baggett Caldwell Daves Greene Harrell of the 7th Hawes Moate Moore Peebles Stone l\tlr. President, Chairman Millican, Vice-Chairman Freeman, Secretary Baggett Branch Daves Drake Grayson Greene Hawes Hill RULES Hodges Mavity Minchew Moate McGinty Peebles Smith Stone Wall Welsch 28 JOURNAL OF THE SENATE, SCHOOL OF THE DEAF Cook, Chairman Holsenbeck, Vice-Chairman Peebles, Secretary Battle Cloud Daves Harrell of the 12t~ Moore Sabados SPECIAL JUDICIARY Cloud, Chairman Harrell of the 12th, Vice-Chairman Harrell of the 7th, Secretary Branch Causey Grayson Greene Hill Hawes Millican Moate Riley Sabados Walker Welsch STATE OF THE REPUBLIC Freeman, Chairman Grayson, Vice-Chairman Millican, Secretary Branch Greene Hawes Mavity Minchew Stone Wall, Chairman Deal, Vice-Chairman Wellborn, Secretary Branch Bennett Daves STATE SANITARIUM Grayson Greene Hill Moate Peebles TUESDAY, JANUARY 9. 1945 29 Peebles, Chairman Daves, Vice-Chairman :\1inchew, Secretary Deal Drake Edenfield Gillis Gould TEMPERANCE Grayson Hawes Sabados Slaughter Smith Stone Turner of the 35th Wall TRAINING SCHOOLS Edwards, Chairman Jfoore, Vice-Chairman Greene, Secretary Causey Cloud Hodges Mavity Minchew McGinty Stone TUBE~CULOSIS SANITARIUM AT ALTO Wellborn, Chairman Bennett, Vice-Chairman Turner of the 34th, Secretary Bentley Brown Drinkard Nix Norton Riley Shedd Riley, Chairman Shedd, Vice-Chairman Hawes, Secretary Bentley Caldwell UNIFORM LAWS Chastain Gillis :VIcGinty Slaughter Turner of the 35th 30 JOURNAL OF THE SENATE, UNIVERSITY SYSTEM OF GEORGIA Slaughter, Chairman Turner of the 34th, Vice-Chairman IJrake, Secretary Bentley Branch Caldwell Causey Gould Grayson Harrell of the 7th Harrell of the 12th Hill Holsenbeck Mavity Millican Riley Shedd Smith Turner of the 35th Wellborn VETERANS AFFAIRS Stone, Chairman Grayson, Vice-Chairman Norton, Secretary Bennett Bentley Cook IJeal IJrake Edwards Gillis Gould Holsenbeck Millican. Turner of the 34th Wellborn WESTERN & ATLANTIC RAILROAIJ Sabados, Chairman Cook, Vice-Chairman Walker, Secretary Battle Bentley Caldwell Causey Edenfield Edwards Harrell of the 12th Hill Holsenbeck Mavity Nix Shedd Slaughter Stone Turner of the 35th Wellborn The members of the Virginia State Pardon and Parole Board, Messrs. Russell IJevine, Robert Button and William S. Meacham, and the Georgia State Board of Pardon and Parole, Mr. Edward IJ. Everett, Mrs. Helen Coxon and Mr. Grover Byers were presented to the Senate hv the president. TUESDAY, JANUARY 9, 1945 31 The wife of Senator Cloud of the 19th was introduced to the Senate by the president. The following message was received from the House through Mr. P. T. McCutchen, Jr., 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., as State Auditor and ask that the Senate confirm his election. The Senate recessed at 10:50 A. M. subject to the call of the chair. The president called the Senate to order at 11 :45 A. M. Senator Millican of the 52nd asked unanimous consent that following the joint session of the House of Representatives and Senate, the Senate stand adjourned until tomorrow morning at 10:00 o'clock:, and the motion prevailed. Pursuant to House Resolution No. 5 the hour of convening the joint session of the Senate and the 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 receiving a message from His Excellency, the Governor, was called to order by the president. The resolution authorizing the joint session of the Senate and the House was read by the secretary of the Senate. His Excellency, The Governor, addressed the joint session as follows: MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE GENERAL ASSEMBLY, AND FELLOW GEORGIANS: Since I took: office as Governor of Georgia two years ago, events of the utmost consequence to all of the peoples of the world have taken place. Today, upon battle fronts that range from the windswept, snow covered plains of France and Belgium and Germany to the jungles of Pacific islands on the opposite side of the globe, Americans are engaged in battles, whose outcome will determine whether men shall walk erect, free to make their own destinies, or whether they shall be slaves, not only to those who preach the doctrines of their own superiority but to those doctrines of hate and prejudice, of malice and cruelty, that since the foundation of this Republic we have despised. I am aware, and I know that the members of the General Assembly are mindful, that as they convene today to exercise the rights of representatives of a free people, young men and young women from Georgia are giving up their lives, giving up their comfort, that freedom may continue to live. It is our duty, here at home, to con- 32 JOURNAL OF THE SENATE. tribute all that we can to the effort of our common country and its allies to win early victory. Beside that obligation e.very other duty seems insignificant. And then, trr_scending every other duty comes the task of preparing a peacetime world in which those who have borne with such stout courage the heavy burden of our defense, shall have ample opportunity for enjoying the life of opportunity which their valor has won. These are serious times. CRITICAL DAYS AHEAD Believe me when I tell you that critical days are ahead. The progress of the war is not all that we might wish. The import of the German breakthrough has not yet been known, but I think that I might with propriety say that we have received a set-back second only to Pearl Harbor, insofar as the sacrifice of men, munitions, equipment and materials is concerned. Last week in Washington no matter how many gasoline coupons one had, it wa,; utterly impossible to buy a gallon of gasoline. The cigarette shortage continues and will grow more acute. The State sources of revenue will dwindle in the year that lies ahead. Automobiles are wearing out. Economists point out that business will fall off at least ten per cent. during 1945. Incomes will dwindle. Farm labor is being drafted. 4-F's are being reclassified. Practically all of our young men are being called into service. While we are glad to make sacrifices necessary to win the ultimate victory that must come to our cause, yet the loss of income to our State will be increasingly great. The chenille industry in north Georgia has been abruptly stopped. The poultry business is being cut back. I could go on and point out the warnings that are obvious to everyone; but what I am saying and what this all means is simply this-more economy in State government must be effectuated. Less money must be spent for non-essentials. Our belt must be tightened and any talk of increasing State benefits or appropriations is utterly and completely out of the question. While I will veto any tax increase, it is ridiculous to talk of increasing appropriations under our present tax structure. I am perfectly willing to see more funds provided for needed services conditioned upon the hard and fast rules that the money is actually in cash in the State Treasury and available. APPROPRIATIONS REQUIRE CASH By the same token, I vigorously oppose any repeal of present tax laws and I warn the Assembly that if a single tax law is repealed, the loss will fall upon those who have benefitted from the increase in available funds under the present tax structure, namely the school teachers of Georgia. We can continue to do for education, health and other activities that require priority only so much as cash money in hand will allow. I will not be a party to misleading the school teachers of Georgia. I will not be a party to misleading the old people of Georgia. I will not be a party to misleading the sick people of Georgia; we cannot do for them except with TUESDAY, JANUARY 9, 1945 33 money-and appropriations are meaningless unless the money is or will be available. And so in making additional grants to education, I recommend that the State not be bound to future commitments but only that we do so much for education as available funds will permit. The Constitution and laws of our State make it the duty of the Governor of Georgia to render a report to the General Assembly upon the State of the Commonwealth and to deliver to the Assembly a message upon its budgetary needs. This is the first time since the adoption of the Constitution of 1877 that a Governor has delivered a message to an essembly with which he was not concurrently chosen in the previous General Election. However, most of the members of the 1945 Assembly have served in previous sessions; many of you were members of the 1943 Legislature, which enacted so large a number of progressive measures; all of you, chosen under our representative system of government, are friends of good government in Georgia, and I know that you will work harmoniously for the improvement of conditions of our State. The executive Department stands ready, at all times, to cooperate with the General Assembly in every possible way. As we go into this session of the Legislature, where so much of great importance to the future of our State will be decided, let us restate some of the great principles that are our people's heritage: All government, of right, originates with the people, ts founded upon their will only. and is instituted solely for the good of the whole. PUBLIC OFFICIALS TRUSTEES 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 remain forever separate and distinct, and no person discharging the duties of one, should, at the same time, exercise the functions of either of the others. The rights of our citizens to all the civil liberties is the cornerstone of our dwelling-house of freedom and must be preserved, at all times, despite any arguments of temporary expediency. With its two great mottoes: that of the Colony, "NOT FOR OURSELVES, BUT FOR OTHERS"; that of the State, "WISDOM, JUSTICE, ~10DERATION," Georgia has a special responsibility in this day, when we court disaster if we fail to remember that nowhere on earth can any man be free, unless everywhere all men are free. This Administration took office pledged to certain definite reforms, to certain accomplishments and to certain aims. 34 JOURNAL OF THE SENATE, Very largely through a legislative program with which the 1943 Assembly helped to redeem the pledges that I made to Georgians in my campaign for Governor, and to some extent through administrative methods that we have adopted, we have made substantial progress toward fulfillment of these objectives. The General Assembly passed a resolution placing the entire resources of the State government at the disposal of our Commander-in-Chief and the Federal Government during the war emergency. The first duty of every American was and is to cooperate in the common defense of our common country. We did more, however, than pay lip service. Every agency of the State has cooperated fully with the national program. The Highway Department has sought to maintain those roads essential to the transport of men and supplies. Our Public Health Department has aided effectively the military authorities of the United States Public Health Service. Our educational establishment has a record of outstanding achievement. The University System has tranied thousands of young men and young women for the armed services. The common schools, through a vocational program that has attracted nation-wide attention, has trained thousands upon thousands of efficient workers in war industries. All of our agencies dealing with agricultural problems have assisted farmers in their magnificent record of war time food production. Thus Georgia made good on the first pledge of our ten point program. DICTATORSHIP ENDED We have ended dictatorship in Georgia. No longer is there a "one man rule" over departments. No longer is there "one man control" over finances. No longer is there "one man boss-ship" over State emploees. The 1943 General Assembly established constitutional Boards for the University System and the Department of Education, thus insuring that the educational establishment, the veritable fountain-head of liberty in a democratic commonwealth, should not be polluted at the source. Parenthetically, I am happy to be able to make the announcement that the tremendous damage done to our State colleges by certain acts of dictatorship have been repaired as a result of these salutary reforms, and that Georgia's institutions of higher learning now have been restored to full fellowship with their peers throughout America. The authority of the Governor to remove elective officials was abrogated by constitutional amendment, and the Governor's power to strike from the budget the name of any State employee, no matter how honorable and efficient, at personal whim, was eliminated. Control by the Chief Executive over the Fish and Game Commission, which ought to belong to the farmers and sportsmen of Georgia, was ended. The Highway Patrol is independent and free from politics. One of the most important reforms was directed at the misuse of clemency. The 1943 Assembly provided, and the people approved in an election, the creation of a TUESDAY, JANUARY 9, 1945 35 Pardon and Parole Board. That ended the pardon racket. No longer are frauds perpetrated on the courts by the liberation of convicts within a few hours after their conviction, as occurred when the congested Governor's office was responsible for the handling of all pardon and parole cases. As a result of this reform, clemency has become what it should be: a strong force for moral regeneration and social rehabilitation of those who have made mistakes for which society must exact punishment. The record discloses that of the first two thousand men to be released under the new system, only 4% violated any proviso of their release, and that most of these violations were of a technical nature and did not involve the commission of any new crime. PENAL REFORM An extraordinary session of the General Assembly was convened in September, 1943, to consider the problem of penal reform. The prison system was breaking down. The public was aroused by authenticated stories of laxity on the one hand and extreme brutality on the other. The Assembly adopted a new progressive program, which I am able to report is bearing fruit. The progress has been slower than we would wish, because until after the war we cannot obtain new machinery to replace that which was recklessly destroyed, sold or abandoned. However, what has been accomplished-and I will permit the departmental report to speak for itselfis impressive and will justify the confidence of the people of Georgia. A week ago today one of the great accomplishments of the 1943 General Assembly went into effect. Recommended to the Legislature in the first message that I delivered, it was adopted, submitted to the people for ratification and will be a constant and continuing source of pride to our State. It is the Teachers' Retirement System, which after a year of preliminary preparation awaits only your action upon an appropriation to begin functioning. Already 15,000 member-teachers are enrolled and the stupendous job of evaluating the prior service claims of those who taught prior to July 1, 1943, is progressing rapidly. The Budget Commission has set aside funds, which will become available if you approve the recommendation that will be made later, and eligible teachers very soon may be retired upon their application. No longer will Georgia teachers, who have given the best years of their lives toward building the characters of Georgia youth, find themselves in want and suffering in their old age. As an act of justice to a group whose contribution to our society merits our deepest gratitude, the establishment of Teachers Retirement is important. As an inducement to able educators to remain in Georgia, instead of leaving our system for those of other States as so many have done in recent years, Teachers Retirement will prove a very great practical benefit in every school system in Georgia. Let me call to the attention of the General Assembly other accomplishments of the past two years. 36 JOURNAL OF THE SENATE, YOUTH VOTING Georgia was the first state of our Union to reduce the voting age to eighteen, permitting the young men and young women who were old enough to stake their lives on their country's future to participate in the democratic progresses that they were defending. Georgia enacted, last January, the first truly effective State Soldiers Ballot Act, through which a large number of Georgians in the service voted in the democratic primary and more than fifty thousand men and women, wearing honorably our nation's uniform, voted from their distant posts in the November general election. Pursuant to a request from the Chief Executive, the State Department of La'" filed last June a suit against the major railroads of the United States, seeking to end the monopolistic conspiracy that had resulted in such vicious discriminations in rates against Georgia and other Southern States. Last week this case was before the Supreme Court of the United States for argument upon the question of jurisdiction. We believe that our nation's highest tribunal will grant to the Sovereign State of Georgia the right to our day in Court, and that we shall be able to demonstrate the monstrous nature of these injustices so long practiced against us. We believe that the day is drawing near when Georgia and the South no longer will be looked upon as servile colonies for selfish exploitation, but once more will be a part of that common country for whose liberty our citizens have expended their lives and fortunes. We believe the Supreme Court will strike the shackles which for 80 years have held our people in economic bondage. GEORGIA'S DEVELOPMENT In 1943, the General Assembly authorized the creation of the Agricultural and Industrial Development Board of Georgia, charged with the duty of making plans for Georgia's profitable participation in the expanding industry of the postwar period and for promoting the establishment of a balanced agrarian-industrial economic and social order in our State from which our people could obtain the maximum of happiness, prosperity and security. This new State agency was conceived in pursuance of the function resting upon every government in a highly complex society such as ours to help sustain the level of our people's income; to insure that markets are accessible for everything we can produce; and that jobs are provided for all those who seek and must have gainful employment. This we have approached with no idea of encroaching upon freedom of private enterprise, but with the view of using the facilities of the State to prevent a postwar economic collapse, and of guarding against the breakdown that would attend any return to an era of wholesale unemployment, bankruptcy and foreclosure. Upon that Board are twenty-one able, patriotic and energetic Georgians. Divided into seven panels, each of which has been equipped with a staff of experts, they have been investigating the needs of the State: for agriculture, for industry, for TUESDAY, JANUARY 9, 1945 37 business, for public works, for development of our rivers and our ports, for enlarged public health, governmental and educational services. Their various reports and recommendations will be of great service and intc!rest to you. Pursuant to a resolution of the 1943 Assembly, the Governor and the Industrial Panel of the Agricultural and Industrial Development Board have held meetings in each Congressional District, attended by business leaders and industrialists. These meetings have strengthened the program of planning now for expanded industrial opportunities by which jobs under a system of private enterprise will be available for our veterans and our war workers. Georgia business leaders are ready to assume their responsibilities in building a sound postwar economy. It is my hope that we will strengthen local self-government in Georgia and give attention to the needs of the counties and municipalities. COOPERATION FROM DEPARTMENTS During the past two years every agency and department of the State government has received adequate financial support. Every agency and department has functioned efficiently, economically and within the limits of expenditure fixed by the Appropriations Act or the allotments approved by the Budget Commission. Every department head, without exception, has given the Governor and the Budget Commission complete cooperation in our efforts to economize and pay off debts, and I wish to say that no finer, more cooperative, more diligent group of public officials exists anywhere in any State of our Union. Their accomplishment is the more remarkable because of the many difficulties involved in operating a State government under war time conditions. The maintenance of highways, pounded shatteringly by heavy trucks and military equipment, has necessitated exceptional expenditures for repairs and reconstruction. Every problem of public health, of education and of operation of such agencies as the penal establishment, has been magnified by the war. There have been shortages of vital materials; there have been problems of rationing, and there have been problems of personnel. The influx of war workers to some communities and the establishment of many training camps within our State-and without revealing the numbers I can say that more men have been trained in Georgia than in any other State-have raised many problems for schools and health officers and involved State agencies in exceptional and unprecedented expenditures. Only very great diligence in the discharge of their duties has enabled department heads to stay within budgetary limits. The individual reports of the various agencies will be before you at the proper time, and I know that the members of the Assembly will scrutinize them with interest. There are a few high lights to which I wish to call attention, however. We have expanded the services of our educational establishment, and, in consequence of that expansion and of the problems arising from war time conditions, we have increased our expenditures. 38 JOURNAL OF THE SENATE, EXPENDITURES FOR EDUCATION The State Department of Education, for example, received from the State eighteen million dollars last year, and, if the Assembly approves the recommendations that I shall make presently, will receive this year $21,300,000, the largest grant in our State's history, and an increase of $5,500,000 over the appropriation for the year before this Administration took office. Georgia teachers will receive payment for eleven months salary under this plan, and the expenditures for Vocational Education and Vocational Rehabilitation will be increased. Expenditures of the Welfare Department in State funds have increased $1,325,000 in the past year, to a total of $5,325,000, although administrative expenses have been cut sharply. All of the increase went into payments to Georgia citizens for assistance to the aged, to dependent or crippled children and to the blind. I am glad to report that, whereas there were 20,000 cases of applications on behalf of the aged or of children pending when this Administration took office,. there are now none that are not on a current basis. In consequence there has been a sharp increase in the number of persons on the rolls. There has been an increase in the average paid to them of fifteen per cent, necessitated by the increase in the cost of living. In that same period, by resolute economy, the administrative cost of the agency has been cut by approximately twenty-five per cent. During the past two years we have restored to the Department of Agriculture an amount, in effect, equal to the fees paid by farmers for fertilizer and other inspections, so that for the first time the agency is now adequately financed. As a result, it has been able to make a great contribution to the orderly marketing of perishables in a period when food is a vital element in winning the war. With sales annually of more than twenty million dollars on the State Farmers :Market in Atlanta, this has become the greatest market of its kind in the United States. DRASTIC ECONOMY Later I shall describe the condition of the finances of the State of Georgia. I know that there has been a certain amount of criticism directed at this Administration because of its policy of drastic economy. Items have been stricken from the budget 'that, in ordinary times, would have deserved a place there. We have had to abandon some of the harmless luxuries that always have been a feature of State spending. While some salaries have been adjusted upward, State officials and employees are paid less in general than they could obtain elsewhere, either in private enterprise or the Federal government. I hope that the Assembly will not believe that we have engaged in "penny pinching and nickel-nursing," either unwisely or without purpose. The State's obligations must be paid, if we are to emerge into the postwar period in a sound fiscal condition. We must be able to pay for those things that will be needed to make progress. Moreover, I pledged myself personally, both to the people and to the Assembly, to oppose any increase in taxation during my term of office, and I mean to keep that pledge. Any new tax bill will promptly be vetoed. TUESDAY, JANUARY 9, 1945 39 Much of the credit for our improved financial condition must be attributed to the wise legislation adopted in 1943 by the General Assembly. Dictatorship over State finances was abolished and a sound, realistic Appropriations Act adopted. EXTRAVAGANCE CURTAILED A Finance Commission was provided. The State Auditor was given enhanced authority to curtail extravagance by being changed from an appointee of the Governor to the status of a representative of the Assembly, chosen by that body. The conduct of the present State Auditor, in the performance of his duties, merits the wholehearted support of the members of the General Assembly. The Comptroller General, who must pass on the validity of warrants, and the Treasurer, who actually keeps the tax funds of Georgians, were freed from the threat of arbitrary removal by the Governor if they should exercise their constitutional functions in disagreement with his policy. By reorganizing our budget system much was accomplished. On the other hand, the State Revenue Department, operating more efficiently, I believe, than ever before, has closed the loopholes through which tax-dodgers escaped from paying their share of the burden of supporting our State government. While revenues probably will decline in the next two years, as a result of changes in the Federal Tax structure and wartime restrictions, with prudence and economy we can and we will pay out of debt and without a single tax raise meet every bill when it falls due. In spite of our many problems, I am glad to report to the General Assembly a definite improvement in the financial position of the State of Georgia. STATE DEBT REDUCED Two years ago, when I took office, the State owed $35,961,630.38. On January 1, 1945, the State's net indebtedness stood at $6,924,000. The floating debt that existed on January 1, 1943, has been entirely paid. Every funded obligation that has matured has been paid. Reserves have been established to retire certain of the bonds and certificates having future maturities. If we are permitted to continue our present fiscal policies, we shall be able to fulfill the pledge made two years ago that, when my term of office ends in January, 1947, the State of Georgia not only will not owe a single dollar that is not covered by money in its Treasury, but it is hoped that the State will have a comfortable reserve to assist in financing the transition from war to peace. Then Georgia, for the first time in its history, will be free of debt! It is a duty incumbent upon the Governor of Georgia, both through legislation and through the force of custom, to make recommendations to the General Assembly as to needful legislation. I shall outline certain measures that I am convinced merit your thoughtful consideration. It is my hope that the General Assembly will accord me the privilege of appearing here from time to time and discussing with you issues that may arise. 40 JOURNAL OF THE SENATE, Particularly would I like the opportunity of speaking to the Assembly when vital issues are being considered by it. The law requires that the Governor shall make recommendations to the General Assembly concerning appropriations. With one exception, the existing Appropriations Act, which continues m effect, provides adequately for normal operations of State agencies. We shall be able, by the continuation of a prudent economy, to keep within revenue receipts, within the limits of appropriations subject to minor adjustments, and continue our project of retiring the debts of the State and making provision for a nest egg to meet the impact of peace. Let us be reminded, that when peace comes, there unquestionably will be a demand for highways and other public works projects, and Georgia must be prepared to act promptly and effectively to obtain a full share of any grants made by the Congress. APPROPRIATIONS UNDISTURBED Therefore, it is recommended that the existing Appropriations Act be amended only to the extent of appropriating one million dollars to carry out the Teachers' Retirement program, and that otherwise the continuing Appropriations Act be permitted to remain unchanged. With this single exception, I urge the Assembly to leave the present Appropriations Act exactly as it is now written. I urge that no other new or additional appropriations be made. One of the most pressing matters is the condition of the common schools. During the present emergency it is imperative that more money be made available for their support. The Budget Commission by its economical operation has set aside the sum of $3,348,000 in addition to that already authorized by the continuing Appropriations Act to meet the needs of the current fiscal year. I hope that the General Assembly, by appropriate resolution, will approve this increase. Another pressing matter is that of making provision for the return of veterans of the present war. Although the war unquestionably will continue for many months, there are many discharges already for disability; and when the war ends there will be a rapid demobilization of those in service. It is imperative that we be prepared. It is essential that the Veterans Service Office be reorganized, expanded and placed upon a constitutional and non-partisan basis to serve these returning men and women. Likewise other legislation will be required: to permit returning veterans access to our schools, regardless of age; to permit them to contract freely to take advantage of the Federal "G. I. Bill of Rights"; to facilitate their re-entry into civilian employment. l\1oreover, I would like to recommend the erection of a suitable War Memorial Building that can serve as a useful center for all veterans' affairs as well TUESDAY, JANUARY 9, 1945 41 as a serviceable, beautiful and appropriate attestation of our State's gratitude to those who have served in all our wars. I recommend that the Assembly consider the creation of various types of Authorities to carry on necessary functions of government apart from the State during the transition period and to provide adequate financing for veterans' loans, public improvements and business expansions. POSTWAR NEEDS I recommend that the General Assembly study the postwar needs of the State's institutions. We are proud of the job that is being done by our educational establishment, our eleemosynary institutions and our penal system. Instead of having a few committees visit these institutions and report on their operations and determine how they should be expanded in the future, I urge that the entire Assembly as a body visit the major State establishments so that you may see with your own eyes, and hear with your own ears, what this Administration has done and is doing to advance this work. There are certain reforms in our judicial procedure that will be embodied m measures before this Assembly. These will merit your sympathetic study. Certain legislation probably will be submitted to assist our two gr<;_at ports, Savannah and Brunswick, in preparing for a great commercial future. There will be certain recommendations before the General Assembly with reference to expanding public health services, on both State and local levels. The fullest consideration should be given these matters, especially in view of the effective work of the State Department of Public Health during the war time emergencies. The problems of our peace officers and law enforcement officials are deserving of the attention of the Assembly. POLL TAX I desire to call the attention of the General Assembly to the poll tax and the position it occupies as a prerequisite for voting in the election machinery of our State. There are many of our people who believe that the poll tax must go. This would be a good time for the General Assembly to appraise the value, if any, of the required payment of poll tax as a prerequisite for voting. If the poll tax serves a good purpose, it should be retained. If on the other hand the poll tax is an impediment to the democratic process and its payment as a prerequisite for voting serves no useful purpose, then its payment as a precedent for the right to vote should be abrogated. This is a matter which properly should be pondered by the General Assembly. If payment of the poll tax as a qualification for voting should be eliminated, then I recommend that permanent registration be ended. Many students of government insist that the only useful purpose served by the payment of poll tax, as a prerequisite for voting, is to require the purging of the voters' list, so that voters who 42 JOURNAL OF THE SENATE, have died or moved away do not have their names continued on the registration list, but failing to pay the poll tax, their names are stricken in the purging of the voters' list. By doing away with permanent registration and requiring biennial registration, an active, up-to-date, registration list can be obtained, frauds minimized and the purpose served by the payment of the poll tax can be carried forward. Finally, there will be before this body the Report of the Commission to Revise the Constitution. The twenty-three members of the Commission have worked diligently upon this revision. The work of harmonizing more than two hundred amendments, adopted since 1877, with the text of the Constitution, was no small task in itself. You will desire to review their labor, in this particular, carefully, of course; but I believe that you will agree that they have performed an invaluable service in that field. CONSTITUTIONAL REFORMS The Commission likewise is submitting certain reforms for your consideration. These include, among others, the elimination of special tax exemptions to favored corporations, placing all Georgians in equality under our revenue laws; a "home-rule" plan that meets the needs and the aspirations of local self-government units and that will relieve the General Assembly of a great burden of local legislation; a provision for a State merit system for all State employees, a reform that is long overdue in Georgia; the establishment of a constitutional Board to operate our Department of Corrections, thus taking the penal system out of politics; the removal of the singleterm limit upon the tenure of office of Governor of Georgia. Some of these items may be controversial. I know that the members of this General Assembly will debate them in a spirit of seeking what is best for our State. On one of them, the question of the Governor's term, I ask your indulgence to present my personal views at this time. The prohibition against successive terms for an elective office applies in Georgia's State government only to the Governor. It does not apply to other Statehouse officials. It does not apply to members of the General Assembly. It does not apply to Federal officials chosen at the polls: the President, the Vice-President, Senators or Congressmen. The limitation is not a limitation upon the ambition of a man. He can seek other public office, if he is animated by no other motive than a desire to hold office. It is a limitation upon the right of the people to choose whatever citizen, of lawful age and without disabilities through conviction of crime, they may want for Governor of their State. All of us here know that the adoption of the "four year term" in its existing form was a political trick and the repetition of a maneuver that had failed six years earlier. I opposed the "single term" when it was suggested. I am against it now. I hope that you will eliminate it from our Constitution. It violates the fundamental principles of democratic free choice. TUESDAY, JANUARY 9, 1945 43 Some members of the General Assembly have talked with me about this provision. They have been kind enough to say that if I desire it as a means of submitting my candidacy for reelection to the office of Governor, they will support it. They have been generous enough to tell me that they believe that the people would reelect me without serious opposition. I am grateful to them for their kind words, more than they will ever know. They make me feel humble and contrite. APPRECIATE HONOR I appreciate the very great honor that the people of Georgia did me by electing me as Governor. At times, there are heartaches. But I enjoy being Governor. There are three reasons: First, because it is the greatest honor that our people can give a fellow citizen; second, because I have enjoyed the opportunity of meeting and talking with so many of my fellow Georgians; and, third, and more important, because it offers an opportunity and a challenge to service. I have tried to be a good Governor. I am grateful to the people of Georgia for trusting me with this high office. It is my constant ambition not to soil it, to desecrate it, or by act or deed to tarnish it. But when I accepted the challenge of dictatorship in Georgia in 1942 and became a candidate, there were certain rules of the game. Those rules said that I could be Governor but one term. I ran on that basis, and I was elected upon that basis. I do not ask that the rules be changed for my benefit. Let me urge the legislature to adopt this reform. I believe that it will be good for Georgia. But when you do so, let me ask you to make it effective with the next occupant of the Governor's chair and not with me. Do not sacrifice a needful reform by consideration of personalities. In the past two years, this Administration has tried to make good upon its paramount pledge to the people of Georgia. What was that pledge? It was a simple one-honesty in State Government. HONEST ADMINISTRATION In my first Message as Governor I said: "We will have an honest Administration for the next four years." There are two years yet to go but we are going to keep the Administration honest. If dishonesty rears its ugly head, it is our responsibility to strike it down-and stricken down it will be. Aided by a fine and able General Assembly and by a splendid group of co-workers who have labored diligently, harmoniously and unselfishly, we have tried to live up to our pledges. I am grateful to them, and to the press of Georgia, which has been alert to praise or to criticize fairly every act of this Administration; and I am grateful to all my fellow-Georgians, men, women and children, who have sympathetically supported the reforms that have been achieved. The 1945 General Assembly promises to be the very best ever assembled at our 44 JOURNAL OF THE SENATE, State Capitol. The members are men and women of integrity and ability. I have implicit confidence in the constructive leadership of our able presiding legislative officers, President Gross and Speaker Harris. I am certain that we will have a harmonious and beneficial session. Georgia business men, large and small, need have no fear of the General Assembly or any member of it undertaking to penalize any legitimate business in our State through pernicious legislation. This Assembly will be free from suspicion that any member would resort to "shake down" methods. This Administration will cooperate with business, with the farmers, with labor, with every group that is willing to cooperate in meeting and solving the problems that must be solved if Georgia is to have prosperity and opportunity for every citizen. Today, as I address the second Assembly to convene during my term of office, as I pledge to its members the complete cooperation of the Executive Department, let me repear what I said two years ago: "I am conscious that the success of my Administration, and my success, will depend upon holding fast to those things which are true, to those things which are honest, to those things which are just, and to those things which are of good report." The success of each of us, the success of this session of the General Assembly, the success of government itself, in the final analysis, depends upon cleaving fast to those things. And to those things, with God's help, we dedicate our public service! Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed. Under House Resolution No. 5, previously adopted, the joint session of the General Assembly was dissolved and the Senate stood adjourned until tOIDI)rrow morning at 10 :00 o'clock. WEDNESDAY, JANUARY 10, 1945 45 Senate Chamber, Atlanta, Georgia. Wednesday, January 10, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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: l. Introduction of bills and resolutions." 2. First reading and reference to bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. The consent was granted. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 19. By Senator Millican of the 52nd: A bill to be entitled an act to provide a system for pension and retirement of teachers and employees of the Board of Education of Fulton county, and for other purposes. Referred to Committee on Counties and County Matters. SB 20. By Senator Millican of the 52nd: A bill to be entitled an act to repeal an Act approved March 10, 1937 (Acts of 1937, page 892) creating a retirement fund for teachers and employees of the Board of Education of Fulton county, and for other purposes. Referred to Committee on Counties and County Matters. SB 21. By Senators Gross of the 31st, Green of the 21st, Harrell of the 7th, and Shedd of the 3rd: 46 JOURNAL OF THE SENATE, A bill to be entitled an act to provide revenue for paying annuities and benefits to the Peace Officers of the State, and for other purposes. Referred to Committee on Public Welfare. SB 22. By Senator Peebles of the 18th: A bill to be entitled an act to provide for the admissibility in evidence in all actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all circumstances, and for other purposes. Referred to Committee on General Judiciary No. 1. SB 23. By Senators Wellborn of the 40th, Grayson of the 1st, Norton of the 33rd, and Stone of the 15th: A bill to he entitled an act to provide an equitable distribution between the State and local governments of payments received from the Tennessee Valley Authority in lieu of taxes, and for other purposes. Referred to Committee on Finance. SB 24. By Senator Gross of the 31st: A hill to be entitled an act to provide that the State shall be self-insurer on all buildings and equipment and to make it illegal for any Department to expend funds for insurance, and for other purposes. Referred to Committee on Insurance. SR 6. By Senators Harrell of the 7th and Cloud of the 19th: A resolution proposing a new constitution for the State as an amendment to the Constitution of 1877 and all amendments thereto, and for other purposes. Referred to Committee on Amendments to Constitution. Mr. Freeman of the 22nd 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 1. Do Pass WEDNESDAY, JANUARY 10, 1945 47 SB 2. Do Pass as amended SB 3. Do Pass SB 6. Do Pass SB 7. Do Pass Respectfully submitted, Wm. B. Freeman of 22nd district, Chairman. Mr. Freeman of the 22nd 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 5. Do Pass Respectfully submitted, Wm. B. Freeman of 22nd district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 8. Do Pass SB 17. Do Pass Respectfully submitted, Marvin E. Moate of 20th district, Chairman. The following bills of the Senate, favorably reported by the committees, were read the second time : SB 1. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Grayson of the 1st: 48 JOURNAL OF THE SENATE, A bill to be entitled an act to amend the act creating the Department oi Audits and Accounts by providing additional qualifications and experience for the state Auditor, to provide for the election and term of office; and for other purposes. SB 2. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Freeman of the 22nd: A bill to amend an Act creating a Department of Public Safety so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper, and for other purposes. SB 3. By Senators Millican of the 52nd, Gross of the 31st, Grayson of the 1st, and Causey of the 46th: A bill to be entitled an Act to authorize the State of Georgia acting by and through the Governor, the State Auditor, and Attorney General to take or damage by condemnation private property for public purposes of the state; and for other purposes. SB 5. By Senators Gross of the 31st and McGinty of the 43rd: A bill to repeal in its entirety Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes; and for other purposes. SB 6. By Senators Millican of the 52nd and Gross of the 31st: A bill to be entitled an Act to amend the Act approved February 16, 1943, entitled "An act to declare certain days as religious days"; by providing that the fourth Thursday in November, known as Thanksgiving Day, be a public and legal holiday in the State of Georgia; and for other purposes. SB 7. By Senator Millican of the 52nd: A bill to be entitled an act to regulate the sale of second hand watches by requiring all dealers of second hand watches to tag the same as "second hand"; and for other purposes. SB 8. By Senator Millican of the 52nd: A bill to amend an act creating a Civil Service Board in Fulton county to provide that :VIrs. Evelyn C. IVIcCutcheon should be entitled to receive the benefits thereof; and for other purposes. SB 17. By Senator :Mavity of the 44th: WEDNESDAY, JANUARY 10, 1945 49 A bill to pay the county commissioners of Walker county $7,500.00 instead of $4,000.00 per annum; and for other purposes. A sealed communication was received from his Excellency, the Governor, through Honorable M. E. Thompson, executive secretary. Senator Millican of the 52nd 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 10:37 o'clock. The following communication was dispatched to his Excellency, the Governor, through l\1rs. Henry W. Nevin, secretary of the Senate: Honorable Ellis Arnall, Governor State Capitol Atlanta, Georgia January 10, 1945. 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 was confirmed as follows: Hon. M. E. Thompson, of the County of Jenkins, to be Secretary, Executive Department, for a term beginning January 12, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. W. N. Pate, of the County of Pulaski, to be Supervisor of Purchases, for a term beginning April I, 1943, and expiring January 14, 1945, and a term beginning January 14, 1945. and expiring January 14. 1949. The vote on this confirmation was 48 to 0. Hon. John C. Beasley, of the County of Tattnall. to be Superintendent of Banks, for a term beginning January 1, 1944, and expiring January 1, 1948. The vote on this confirmation was 48 to 0. Hon. A. J. Hartley, of the County of Fulton, to be Director of the State Board of Social Security, for a term beginning May 3, 1943, and t>xpiring May 3, 1947. The vote on this confirmation was 48 to 0. Hon. S. Marvin Griffin, of the County of Decatur. to be Adjutant General. for a term beginning September 28, 1944. and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. so JOURNAL OF THE SENATE, Hon. Ryburn G. Clay, of the County of Fulton, to be State Highway Director, for a term beginning April 21, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. R. Ward Harrison, of the County of Charlton, to be Director, Department of State Parks, Historic Sites and Monuments, for a term beginning May 15, 1943, and expiring December 31, 1946. The vote on this confirmation was 48 to 0. Hon. Garland Peyton, of the County of Lumpkin, to be Director, Department of Mines, Mining and Geology, for a term beginning July 7, 1943, and expiring December 31, 1946. The vote on this confirmation was 48 to 0. Hon. Francis R. Hammack, of the County of Fulton, to be State Director of Corrections, for a term beginning February 21, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Charles H. Alden, of the County of Habersham, to be Director of Entomology, for a term beginning July 1, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. J. M. Tinker, of the County of Chatham, to be Director of the Department of Forrestry, for a term beginning July 1, 1943, and expiring December 31, 1946, The vote on this confirmation was 48 to 0. Hon. R. W. Collins, of the County of Fulton, to be Commanding Officer of the Georgia State Guard, for a term beginning November 1, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Tom Wisdom, of th~ County of Harris, to be Treasurer, State Highway Department, for a term beginning April 21, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Moseley Roan, of the County of Fulton, to be State Superintendent of Farms, for a term beginning January 12, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Victor Davidson, of the County of Wilkinson, to be Assistant Attorney General, for a term beginning April 19, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Crawford L. Pilcher, of the County of Warren, to be Assistant Attorney General, for a term beginning April 19, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. C. M. Dobbs, of the County of Cobb, to be Assistant Attorney General, for a term beginning April 19, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. R. Beverly Irwin, of the County of Fulton, to be Assistant Attorney WEDNESDAY, JANUARY 10, 1945 51 General, for a term beginning June 14, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Respectfully yours, Mrs. Henry W. Nevin, Secretary of the Senate. January JO, 1945. 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: Nominations sent to the Senate by you this date was confirmed as follows: Hon. George C. 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, 1944, and expiring January 1, 1951. The vote on this confirmation was 48 to 0. Hon. Roy Emmet, of the County of Polk, to be a Member of the Board of Regents of the University System of Georgia, representing the Seventh Congressional District, for a term beginning January 1, 1945, and expiring January 1, 1952. The vote on this confirmation was 48 to 0. Hon. William 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 I, 1944, and expiring January I, 1951. The vote on this confirmation was 48 to 0. Hon. J. W. Overstreet, of the County of Jefferson, to be a Member of the State Board of Education, representing the Sixth Congressional District, for an unexpired term beginning February 25, 1944, and expiring January 1, 1950. The vote on this confirmation was 48 to 0. Hon. Steve C. Tate, of the County of Pickens, to be a Member and Chairman of the State Highway Commission, representing the Ninth Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Sims Garrett, Jr., of the County of Muscogee, to be a Member and ViceChairman of the State Highway Commission. representing the Third Congressional 52 JOURNAL OF THE SENATE, District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Lonnie A. Pope, of the County of Coffee, to be a Member and Secretary of the State Highway Commission, representing the Eighth Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. John J. Bouhan, of the County of Chatham, to be a Member of the State Highway Commission, representing the First Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. L. Roy Robinson, of the County of Seminole, to be a Member of the State Highway Commission, representing the Second Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. J. J. Milam, of the County of Troup, to be a Member of the State Highway Commission, representing the Fourth Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Hugh Burgess, of the County of DeKalb, to be a Member of the State Highway Commission, representing the Fifth Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Penn Selman, of the County of Chattooga, to be a Member of the State Highway Commission, representing the Seventh Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Knox Gholston, of the County of Madison, to be a Member of the State Highway Commission, representing the Tenth Congressional District, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Wick Knox, of the County of McDuffie, to be a Member of the State Highway Commission, representing the State at Large, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Morris Tift, of the County of Dougherty, to be a Member of the State Highway Commission, representing the State at Large, for a term beginning April 21, 1943, and expiring January 12, 1947. The vote on this confirmation was 46 to I. Hon. Harry E. Monroe, of the County of Fulton, to be a Member of the State Board of Workmen's Compensation, for a term beginning August 6, 1943, and expiring August 6, 1947. The vote on this confirmation was 48 to 0. WEDNESDAY, JANUARY 10, 1945 53 Hon. Patrick J. Riordan, of the County of Fulton, to be a Member of the State Board of Workmen's Compensation, for an unexpired term beginning September 28, 1944, and expiring February 22, 1947. The vote on this confirmation was 48 to 0. Hon. Alfred Dorman, of the County of Bulloch, to be a Member of the State Board of Social Security, representing the First Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Jesse A. Drake, of the County of Miller, to be a Member of the State Board of Social Security, representing the Second Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Joe S. Burgin, Sr., of the County of Marion, to be a Member of the State Board of Social Security, representing the Third Congressional District, for an unexpired term beginning June 20, 1944, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Dr. M. F. Cochran, of the County of Coweta, to be a Member of the State Board of Social Security, representing the Fourth Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Frank Thomas, of the County of DeKalb, to be a Member of the State Board of Social Security, representing the Fifth Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Dr. Richard Binion, of the County of Baldwin, to be a Member of the State Board of Social Security, representing the Sixth Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Ryan Frier, of the County of Bartow, to be a Member of the State Board of Social Security, representing the Seventh Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Dr. S. W. Martin, of the County of Jeff Davis, to be a lVlember of the State Board of Social Security, representing the Eighth Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Hon. Roy Otwell, of the County of Forsyth, to be a Member of the State Board of Social Security, representing the Ninth Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. 54 JOURNAL OF THE SENATE, Han. W. H. Rhodes, of the County of Greene, to be a Member of the State Board of Social Security, representing the Tenth Congressional District, for a term beginning June 7, 1943, and expiring January 12, 1947. The vote on this confirmation was 48 to 0. Dr. James Miller Byne, Jr., of the County of Burke, to be a Member of the State Board of Health, representing the First Congressional District, for a term beginning May 15, 1944, and expiring September 1, 1945, and a term beginning September 1, 1945, and expiring September 1, 1951. The vote on this confirmation was 48 to 0. Hon. Robert C. Ellis, of the County of Sumter, to be a Member of the State Board of Health, representing the Third Congressional District, for a term beginning October 7, 1943, and expiring September 1, 1948. The vote on this confirmation was 48 to 0. Dr. J. A. Corry, of the County of Lamar, to be a Member of the State Board of Health, representing the Fourth Congressional District, for a term beginning September 1, 1943, and expiring September 1, 1949. The vote on this confirmation was 48 to 0. Hon. Robert F. Maddox, of the County of Fulton, to be. a Member of the State Board of Health, representing the Fifth Congressional District, for a term beginning October 7, 1943, and expiring September 1, 1948. The vote on this confirmation was 48 to 0. Dr. D. N. Thompson, of the County of Elbert, to be a Member of the State Board of Health, representing the Tenth Congressional District, for a term beginning September I, 1943, and expiring September I, 1949. The vote on this confirmation was 48 to 0. Dr. B. H. Minchew, of the County of Ware, to be a Member of the State Board of Health, representing the Eighth Congressional District, for a term beginning September I, 1944, and expiring September I, 1950. The vote on this confirmation was 48 to 0. Dr. W. P. Harbin, Jr., of the County of Floyd, to be a Member of the State Board of Health, representing the Seventh Congressional District, for a term beginning September I, 1944, and expiring September I, 1950. The vote on this confirmation was 48 to 0. Dr. C. L. Ridley, of the County of Bibb, to be a Member of the State Board of Health, representing the Sixth Congressional District, for a term beginning September 15, 1944, and expiring September 15, 1950. The vote on this confirmation was 48 to 0. Han. Charles W. Skinner, of the County of Burke, to be a Member of the State Game and Fish Commission, representing_ the First Congressional District, for WEDNESDAY, JANUARY 10, 1945 55 a term beginning January I, 1943, and expiring January 1, 1949. The vote on this confirmation was 48 to 0. Hon. E. V. Komarek, of the County of Thomas, to be a Member of the State Game and Fish Commission, representing the Second Congressional District, for an unexpired term beginning February 9, 1944, and expiring January 1, 1950. The vote on this confirmation was 48 to 0. Hon. Vernon Phillips, of the County of Randolph, to be a Member of the State Game and Fish Commission, representing the Third Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1949. The vote on this confirmation was 48 to 0. Hon. Wallace Gray, of the County of Coweta, to be a Member of the State Game and Fish Commission, representing the Fourth Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1950. The vote on this confirmation was 48 to 0. Hon. Guy Rutland, Sr., of the County of DeKalb, to be a Member of the State Game and Fish Commission, representing the Fifth Congressional District, for a term beginning January I, 1943, and expiring January I, 1950. The vote on this confirmation was 48 to 0. Hon. Hugh Hill, of the County of Bibb, to be a Member of the State Game and Fish Commission, representing the Sixth Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1946. The vote on this confirmation was 48 to 0. Hon. Phil Stone, of the County of Whitfield, to be a Member of the State Game and Fish Commission, representing the Seventh Congressional District, for a term beginning January I, 1943, and expiring January 1, 1947. The vote on this confirmation was 48 to 0. Hon. A. R. Hood, of the County of Ware, to be a Member of the State Game and Fish Commission, representing the Eighth Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1947. The vote on this confirmation was 48 to 0. Dr. Clabus Lloyd, of the County of Hall, to be a Member of the State Game and Fish Commission, representing the Ninth Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1946. The vote on this confirmation was 48 to 0. Hon. John B. Kennedy, of the County of Richmond, to be a Member of the State Game and Fish Commission, representing the Tenth Congressional District, for a term beginning January 1, 1943, and expiring January 1, 1948. The vote on this confirmation was 48 to 0. Hon. C. L. McCarthy, of the County of Camden, to be a Member of the State 56 JOURNAL OF THE SENATE, Game and Fish Commission. representing the Coastal Counties, for a term beginning January 1, 1943. and expiring January 1. 1948. The vote on this confirmation was 48 to 0. Hon. A. Lamar Potts. of the County of Coweta. to be a :\!ember of the Department of Public Safety. for a term beginning July 26. 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Lynn Norris, of the County of McDuffie, to be a Member of the Department of Public Safety. for a term beginning July 26, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Charles S. Sanford. of the County of Chatham, to be a Member and Chairman of the Board of Trustees of the Charles H. Herty Foundation, for a term beginning July 1, 1943, and expiring February 19, 1946. The vote on this confirmation was 48 to 0. Hon. James Fowler. of the County of Treutten, to be a member of the Board of Trustees of the Charles H. Herty Foundation, for a term beginning July 1, 1943, and expiring February 19, 1948. The vote on this confirmation was 48 to 0. Hon. Hadley S. Brown, of the County of Glynn, to be a Member of the Board of Trustees of the Charles H. Herty Foundation, for a term beginning July 1, 1943. and expiring February 19. 1949. The vote on this confirmation was 48 to 0. Hem. George Bazemore. of the County of Ware, to be a :Member of the Board of Trustees of the Charles H. Herty Foundation, for a term beginning July 1, 1943, and expiring February 19. 1944, and a term beginning February 19, 1944, and expiring February 19, 1949. The vote on this confirmation was 48 to 0. Hon. Dave B. Turner. of the County of Bulloch, to be a Member of the Board of Trustees of the Charles H. Herty Foundation, for a term beginning July 1, 1943, and expiring February 19, 1945, and a term beginning February 19, 1945, and expiring February 19, 1950. The vote on this confirmation was 48 to 0. Hon. C. L. McMillan, of the County of Fulton, to be a Member of the Aeronautic Advisory Board, for a term beginning January 25, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. George R. Cushing, of the County of Crisp, to be a Member of the Aeronautic Advisory Board, for a term beginning January 25, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Cody Laird, of the County of Fulton, to be a Member of the Aeronautic Advisory Board, for a term beginning January 25, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. William L. Goodloe, of the County of Lowndes, to be a Member of the Aeronautic Advisory Board, for a term beginning January 25, 1944, and expiring WEDNESDAY, JANUARY 10, 1945 57 at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Wallace B. Sheffield, of the County of Sumter, to be a Member of the Aeronautic Advisory Board, for a term beginning January 25, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Orner L. Woodson, of the County of Cobb, to be a Member of the Aeronautic Advisory Board, for a term beginning January 25, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. James V. Carmichael, of the County of Cobb, to be a Member of the Aeronautic Advisory Board, for a term beginning September 15, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Thomas S. Candler, of the County of Union, to be a Member of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Will R. Smith, of the County of Berrien, to be a Member of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. James V. Carmichael, of the County of Cobb, to be a Member of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Frank D. Foley, of the County of Muscogee, to be a lHember of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Hatton Lovejoy, of the County of Troup, to be a Member of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. :Vlrs. Leonard Haas, of the County of Fulton, to be a .Member of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. R. E. L. Majors, of the County of Evans, to be a :Vlember of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. 58 JOURNAL OF THE SENATE, Hon. Hamilton Holt, of the County of Bibb, to be a Member of the Commission to Revise the Georgia Constitution, for a term beginning September 7, 1943, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Robert Strickland, of the County of Fulton, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. W. N. Banks, of the County of Coweta, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. J. L. Pilcher, of the County of Thomas, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Henry T. Mcintosh, of the County of Dougherty, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Wilson Williams, of the County of Meriwether, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Alfred W. Jones, of the County of Glynn, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Wiley L. Moore, of the County of Fulton, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Robert W. Groves, of the County of Chatham, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Ivan Allen, Sr., of the County of Fulton, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. WEDNESDAY, JANUARY 10, 1945 59 Hon. M. K. Tucker, of the County of Burke, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Charles L. Bowden, of the County of Bibb, to be a Member of the Agri- cultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this codfirmation was 48 to 0. . ' Hon. Blanton Fortson, of the County of Clarke, to be a Member of the Agricultural and Industrial Development Board, for a term beginning Feb.ruary 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Ryburn G. Clay, of the County of Fulton, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Mrs. Frank C. David, of the County of Muscogee, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. W. H. ~IcNaughton, of the County of Bartow, to be a Member of the Agricultural and Industrial Development Board, for a term beginning Febru;uy 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. Hon. Charles B. Gramling, of the County of Fulton, to be a Member of the Agricultural and Industrial Development Board, for a term beginning February 1, 1944, and expiring at the pleasure of the Governor. The vote on this confirmation was 48 to 0. By motion of Senator Grayson of the 1st District, action was deferred until :'1-londay morning at II o'clock on the confirmation of the Senate on the appointments of: 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, 1945, and expiring January 1, 1952. Hon. H. T. Dobbs, of the County of DeKalb, to be a Member and Chairman of the Merit System Council, for a term beginning May 7, 1943, and expiring May 7, 1948. Hon. A. E. Young, Jr., of the County of Polk, to be a Member of the Merit System Council, for a term beginning May 7, 1943, and expiring May 7, 1946. 60 JOURNAL OF THE SENATE, Hon. Wade Mallard, of the County of Richmond, to be a Member of the Merit System Council, for a term beginning May 7, 1943, and expiring May 7, 1944, and a term beginning May 7, 1944, and expiring May 7, 1949. Respectfully yours, Mrs. Henry W. Nevin, Secretary of the Senate. The Senate reconvened at 11 :55 A. M. and resumed the order of business. The following resolution was introduced: SR 7. By Senator Sabados of the lOth: Be it resolved that the Senate concur in the action of the House m the election of Honorable B. E. Thrasher, Jr., as State Auditor. The roll was called and the vote was as follows: Those voting in the affirmative were Senators: Baggett Bentley Brown Caldwell Causey Chastain Cook Deal Drake Drinkard Edwards Freeman Gillis Gould Grayson Greene Harrell of 12th Hawes Hill Hodges Holsenbeck Mavity McGinty Millican Minchew Moate Nix ::\ orton Peebles Rainey Riley Sabados Shedd Slaughter Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn ~1r. President Not voting were Senators Battle, Bennett, Branch, Cloud, Daves, Edenfield, Harrell of 7th, Moore, Smith and Yawn. On the confirmation of the election of Auditor, Honorable B. E. Thrasher, 1r., having received 42 votes, being all of the votes cast, was declared confirmed. Senator Millican of the 52nd moved that the Senate do now adjourn until 10:00 o'clock tomorrow and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. THURSDAY, JANUARY 11, 1945 61 Senate Chamber, Atlanta, Georgia. Thursday, January 11, 1945. The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president. Scripture and prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions introduced. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon passage local Senate bills. The consent was granted. The following bills were introduced, read the first time, and referred to committees: SB 25. By Senators Stone of the 15th, Grayson of the 1st, Turner of the 34th, Freeman of the 22nd, Millican of the 52nd, Gould of the 4th, and Gillis of the 16th: A bill to be entitled an Act to validate contracts of minors under the Bill of Rights; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 26. By Senators Stone of the 15th, Grayson of the 1st, Turner of the 34th, Freeman of the 22nd, Millican of the 52nd, Gould of the 4th, and Drake of the 8th: A bill to be entitled an Act to provide for education of children of veterans of World War II. Referred to Committee on Veterans Affairs. 62 JOURNAL OF THE SENATE, SB 27. By Senators Stone of the 15th, Grayson of the 1st, Turner of the 34th, Freeman of the 22nd, Millican of the 52nd, Gould of the 4th, Gillis of the 16th: A bill to be entitled an Act to provide that veterans of World War II may attend public schools withou't paying tuition; and for other purposes. Referred to Committee on Veterans Affairs. SB 28. By Senator Shedd of the 3rd: A bill to be entitled an Act to require the State Merit Council to remove from office any county welfare director who has falsified her application for examination in any particular; and for other purposes. Referred to Committee on Public Welfare. SB 29. By Senator Minchew of the 5th: A bill to be entitled an Act to amend the Code relating to optometrists by providing a fuller definition of optometry and defining the practice of optometry; and for other purposes. Referred to Committee on Hygiene and Sanitation. Mr. Gould of the 4th District, Chairman of the Committee on :\Iilitary Affairs. submitted the following report: Mr. President: Your Committee on Military Affairs 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 5. Do Pass Respectfully submitted, J. D. Gould, Jr., of 4th district, Chairman. The following resolution was read and adopted: SR 5. By Senator Gould of the 4th: A resolution memorializing the Congress of the United States on the Post War Military Establishment and the status of the National Guards; and for other purposes. On the adoption of the resolution the ayes were 28, nays 0. THURSDAY, JANUARY 11, 1945 63 By unanimous consent, the following bill of the Senate was read the third time and put upon its passage: SB 17. By Senator Mavity of the 44th: A bill to be entitled an act to pay the county commissioners of Walker county $7,500.00 instead of $4,000.00 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. The wife of Senator Greene of the 21st was presented to the Senate by the president. Former Senator Walter Estes of the 35th District was. introduced to the members of the Senate. Senator Millican of the 52nd asked unanimous consent that when the Senate adjourn today it stand adjourned until 10:00 o'clock Monday morning, and the consent was granted. Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until :Monday morning at 10:00 o'clock. 64 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. :vionday, January 15, 1945. The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president. Scripture and prayer was offered by the chaplain. Senator Daves of the 14th was administered the oath of office by Associate Justice W. H. Duckworth. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th reported that the journal of Thursday's proceeding 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 unammous consent that the following he established as the order of business for today: I. Introductions of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting up for third reading general bills with local application for final passage. 6. Putting up for third reading general bills for final passage. The consent was granted. The following bills were introduced, read the first time and referred to committees: SB 30. Hy Senator Sabados of the lOth: A bill to be entitled an act to provide that no general, special or primary election shall be called on a legal holiday; and for other purposes. Referred to Committee on Privileges and Elections. SR 31. Hy Senator Caldwell of the 37th: A bill to be entitled an act to regulate the common school attendance of MONDAY, JANUARY 15, 1945 65 pupils, to define the authority and duties of attendance officers; and for other purposes. Referred to Committee on Education. SB 32. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th, Freeman of the 22nd and Drake of the 8th: A bill to be entitled an act to provide for the redemption of bonds, known as the Land Script Fund; and for other purposes. Referred to Committee on Finance. SB 33. _By Senators Gross of the 31st, Grayson of the 1~t, Harrell of the 7th, Freeman of the 22nd, and Drake of the 8th: A bill to be entitled an act to provide compulsory school attendance of all children between 7 and 16 years of age; to provide for visiting teachers; and for other purposes. Referred to Committee on Education. SB 34. By Senators Stone of the 15th and Gross of the 31st: A bill to be entitled an act to fix the salary of the Director of the Veterans' Service Office at $6,000 per year; and for other purposes. Referred to Committee on Veterans Affairs. SB 35. By Senator Mavity of the 44th: A bill to be entitled an act to authorize the levy of a tax of one mill m Walker county to establish public libraries; and for other purposes. Referred to Committee on Counties and County Matters. SB 36. By Senators Wellborn of the 40th, Minchew of the 5th, and Edenfield of the 2nd: A bill to be entitled an act to provide that sheriffs of this State shall be paid the sum of fifty cents for serving each juror, grand or traverse, drawn to serve at any term of any city or superior court; and for other purposes. Referred to Committee on State of Republic. SB 37. By Senators Grayson of the 1st and Stone of the 15th: A bill to be entitled an act to provide that candidates may file itemized 66 JOURNAL OF THE SENATE, statement of expenses with the Comptroller General or clerks of the Superior Court; and for other purposes. Referred to Committee on State of Republic. The following privilege resolution was read and adopted: By Senator Gross of the 31st: A resolution commending Hon. James F. Byrnes, Director of War Mobilization, for placing a ban upon conventions and horse racing, as to make available in this period of man power shortage persons engaged in such enterprises for the war effort. The following bills of the Senate were read the third time and put upon their passage: SB 1. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Grayson of the 1st: A bill to be entitled an act to amend the act creating the Department of Audits and Accounts by providing additional qualifications and experience for the State Auditor, to provide for the election and term of office; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On passage of the bill, the ayes were 27, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 2. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Freeman of the 22nd: A bill to be entitled an act to amend an act creating a Department of Public Safety so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper; and for other purposes. The Committee on State of Republic offered the following amendment: Amend SB 2, Section 4 (a}, line 7, by adding between the words "terminate upon," the following words "90 days after" and further amend by striking the word "upon" in line 7 of said section; amend caption line 28 after the word "until" the words "90 days after." The amendment was adopted. Senator Millican of the 52nd offered the following amendment: MONDAY, JANUARY 15, 1945 67 Amend SB 2 by striking the word "twenty-five" in the caption and also in Section 1 wherever they appear and insert in lieu thereof the words "twenty-one;'' The amendment was adopted. The report of the committee, which was favorable to the bill, was agreed to as amended. On passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 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 14. By Mr. Sills of Candler: A bill to be entitled an act to provide for compensation to the Sheriff of Candler county in addition to fees in the sum of $100.00 per month; and for other purposes. HB 15. By Mr. Sills of Candler: A bill to be entitled an act to amend an act approved August 20, 1925, Georgia Laws 1925, pages 584-586, creating the office of Tax Commissioner of Candler county by changing the compensation by allowing fees allowed by law for Tax Receivers; and for other purposes. HB 17. By Messrs. Alexander, Connerat, and McNall of Chatham: A bill to be entitled an act to amend the act creating the County Commissioners of Chatham county by providing a salary of $2,000.00 per year for the Chairman of the County Commissioners ; and for other purposes. HB 20. By Mr. Almand of Walton: A bill to be entitled an act to amend the act creating the Board of Commissioners of Roads and Revenues of Walton county by increasing their salary; and for other purposes. The following communication was received from His Excellency, the Governor, and read by the Secretary: 68 JOURNAL OF THE SENATE, January 11, 1945. Hon. Frank Gross, President Georgia State Senate State Capitol Atlanta, Georgia Dear Mr. President and Members of the State Senate: As Chairman of the Commission to revise the Constitution created by the Act of the General Assembly approved March 17, 1943 (Georgia Laws 1943, pages 1680-1683), I am pleased to hand you herewith the complete proceedings, reports, debates and recommendations of the Commission. The Commission regrets exceedingly its delay in finishing up its work so as to have had these reports available at an earlier date, however, we believe that the delay which allowed the Commission opportunity to insert into its proposals new subject matter was beneficial to the State. The Commission is proud of the fact that to date its entire expenses amount to only $11,789.54. Particularly are we pleased with this economy when it is considered that in many States in which constitutional revision has been undertaken or is being undertaken through the form of constitutional conventions, the expenses have aggregated more than a million dollars and we doubt seriously if the results have been as beneficial as those obtained by the Georgia Commission. As Chairman of the Commission I desire to point out that the work that has been done is the work the Commission members, all Georgians, appointed in conformity with the Resolution of the General Assembly. We have secured the benefit of the views of many persons who have appeared before the Commission by our own request and in other cases at the request of the citizens who desired to express their opinions. Each member of the Commission has done his or her very best to assist the 1945 General Assembly in presenting to the people of Georgia for their ratification a workable and improved Constitution. It is my belief that the present General Assembly of Georgia will carry forward this work in a commendable fashion and submit to the people m accordance with their wishes a document of which we may all be justly proud. Faithfully yours, Ellis Arnall, Governor. Pursuant to the motion of Senator Grayson of the 1st, made on January 10, and adopted by the Senate on the same date, the president announced that the Senate be resolved in Executive Session. The Senate went into Executive Session at 11:10 o'clock. MONDAY, JANUARY 15, 1945 69 The following communication was dispatched to his Excellency, the Governor, throu~h Mrs. Henry W. Nevin, secretary of Senate. Honorable Ellis Arnall, Governor 3tate Capitol Atlanta, Georgia January 15, 1945. Dear Governor: Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows: 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, 1945, and expiring January 1, 1952. The vote on this confirmation was 44 to 0. Hon. H. T. Dobbs, of the County of DeKalb, to be a Member and Chairman of the Merit System Council, for a term beginning May 7, 1943, and expiring May 7, 1948. The vote on this confirmation was 43 to 0. Hon. A. E. Young, Jr., of the County of Polk, to be a Member of the Merit System Council, for a term beginning May 7, 1943, and expiring May 7, 1946. The vote on this confirmation was 43 to 0. Hon. Wade Mallard, of the County of Richmond, to be a Member of the Merit System Council, for a term beginning May 7, 1943, and expiring May 7, 1944, and a term beginning May 7, 1944, and expiring May 7, 1949. The vote on this confirmation was 43 to 0. Respectfully yours, Mrs. Henry W. Nevin, Secretary of Senate. The Senate reconvened m a regular sessiOn at 11 :26 A. M. and resumed the order of business. 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 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, and others: 70 JOURNAL. OF THE SENATE; A bill to amend the "General Appropriation Act" approved January 29, 1943, so as to provide an appropriation of $1,000,000.00 in each fiscal year for the State cost of operating the Teacher Retirement System; and for other purposes. HR 6. By .Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper and others: A resolution to authorize the Governor to transfer $3,348,000.00 from Reserve Fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term and other school aid. HR 13. By Messrs. Hand of Mitchell and Key of Jasper: A resolution expression appreciation to the Atlanta Chamber of Commerce and the Fulton and DeKalb delegations and other various agencies for delightfully entertaining the members of the General Assembly and the State House Officers on Tuesday evening. HR 14. By Messrs. Phillips of Columbia, Gowen of Glynn, Durden of Dougherty, and others: A resolution extending sympathy to the family of the Honorable Alton Cogdell. HR 16. By Messrs. Pittman of Bartow and Bloodworth of Bibb: A resolution commending Governor Arnall and Attorney General for efforts to equalize freight rates. The following resolutions of the House were read and adopted: HR 13. By Messrs. Hand of Mitchell and Key of Jasper: A resolution expressing appreciation to the Atlanta Chamber of Commerce and the Fulton and DeKalb delegations and other various agehcies for delightfully entertaining the members of the General Assembly and the State House Officers on Tuesday evening. HR 14. By Messrs. Phillips of Columbia, Gawen of Glynn, Durden of Dougherty, and others: A RESOLUTION WHEREAS, the members of the General Assembly of Georgia have been saddened by the untimely passing of the HONORABLE ALTON COGDELL, Director of the Milk Control Board, one of the ablest public servants of our State, whose contribution to the development of agriculture MONDAY, JANUARY 15, 1945 71 and industry was most valuable to our people and whose career was marked by a deep pride in and devotion to Georgia; THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING: That our profound sympathy be extended to the family of Mr. Cogdell and that a copy of this preamble and resolution be spread upon the journals of our respective bodies. HR 16. By Messrs. Pittman of Bartow and Bloodworth of Bibb: A resolution commending Governor Arnall and Attorney General for efforts to equalize freight rates. The following resolution and bill of the House was read and referred to Committee on Appropriations: HR 6. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, and others: A resolution to authorize the Governor to transfer $3,348,000.00 from Reserve Fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term and other school aid. HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Durden of Dougherty, Kent of Glascock, Rossee 'of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, Sapp of Dougherty, and Hand of Mitchell: A bill to be entitled an act to amend the "General Appropriation Act" approved January 29, 1943, so as to provide an appropriation of $1,000,000.00 in each fiscal year for the State cost of operating the Teacher Retirement System; and for other purposes. The wives of Senators Moore of the 38th, Cloud of the 19th, and Slaughter of the 50th were presented to the Senate by the president. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. 72 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Tuesday, January 16, 1945. The Senate met pursuant to adjournment at 10:00 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 Walker of the 45th 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 Senate reconsider its action in passing Senate Bill No. 2 yesterday, for the purpose of perfecting an amendment thereto. The consent was granted. Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today: 1. Introductions of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting up for third reading general bills with local application for final passage. 6. Putting up for third reading general bills for final passage. The consent was granted. The following bills and resolutions were introduced, read the first time and referred to committees: SB 38. By Senators Gould of the 4th, Stone of the 15th, Drake of the 8th, and Gross of the 31st: A bill to be entitled an act to create a War Veterans Memorial Building Commission; to provide the powers and duties of such Commission; and for other purposes. TUESDAY, JANUARY 16. 1945 73 Referred to Committee on Veterans Affairs. SB 39. By Senator Gross of the 31st: A bill to be entitled an act to regulate the employment of children and to define hazardous occupations; and for other purposes. Referred to Committee on State of Republic. SB 40. By Senator Millican of the 52nd: A bill to be entitled an act to amend paragraph (4) of Section 97-303 of the Code of 1933, defining class "B" Securities by inserting the word "to" between the words "or" and "any corporation" in the fifth line of said paragraph; and for other purposes. Referred to Committee on Banks and Banking. SB 41. By Senators Branch of the 47th, Grayson of the 1st, and Gross of the 31st: A bill to be entitled an act to provide for retirement of Superior Court judges and for the appointment of judges of the Superior Courts Meritous; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 42. By Senator Brown of the 6th: A bill to be entitled an act to amend the charter of the City of Nashville to provide for zoning ordinances; and for other purposes. Referred to Committee on Municipal Governments. SB 43. By Senator Welsch of the 39th: A bill to be entitled an act to provide deputy sheriffs of Cobb county shall be paid $2.00 per day for attendance upon courts and elections; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 44. By Senators Harrell of the 7th, Drake of the 8th, and Wall of the 9th: A bill to be entitled an act to amend Code Section 22-1504 by providing that foreign corporations may own mineral rights, minerals, oil or gas on or under more than 5,000 acres of land without incorporating under the Georgia law; and for other purposes. Referred to Committee on Mines and Mining. JOURNAL OF THE SENATE, SR 10. By Senator Welsch of the 39th: A resolution proposing an amendment to paragraph 1, Section 1, Article 7 of the Constitution providing for the payment of $30.00 per month old age assistance to all farmers 65 years of age or older; and for other purposes. Referred to Committee on Amendments to Constitution. Senator Baggett of the 51st asked unanimous consent that HB 1 be withdrawn from the Committee on Appropriations and read the second time and recommitted. HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, and others: A bill to amend the General Appropriation Act approved January 29, 1943, so as to provide an appropriation of $1,000,000.00 in each fiscal year for the State cost of operating the Teacher Retirement System; and for other purposes. The consent was granted. The following bills of the Senate were read for the third time and put upon their passage: SB 3. By Senators Millican of the 52nd, Gross of the31st, Grayson of, the 1st, and Causey of the 46th: A bill to be entitled an Act to authorize the State of Georgia acting by and through the Governor, the State Auditor and the Attorney General to take or damage by condemnation private property for public purposes of the State; and for other purposes. Senator Harrell of the 7th offered the following amendment: Amend SB 3 by striking the word "May" in Section I, line 12, and inserting in lieu thereof the word "shall." The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 6. By Senators Millican of the 52nd and Gross of the 31st: A bill to be entitled an act to amend an act approved February 16, 1943, TUESDAY, JANUARY 16, 1945 75 relating to holidays by providing that the fourth Thursday m November shall be Thanksgiving Day; and for other purposes. Senators Millican of the 52nd, Sabados of the lOth, Smith of the 24th, Grayson of the 1st and Gro~s of the 31st offered the following substitute: A BILL ENTITLED: An act to amend the act approved February 16, 1943, entitled "An Act to Declare Certain Days as Public and Legal Holidays; to Declare Certain Days as Religious Holidays; etc." By providing that the fourth Thursday in November, known as Thanksgiving Day, and the first Monday in September, known as Labor Day, be public and legal holidays in the State of Georgia; and for other purposes. BE IT ENACTED BY THE <;iENERAL ASSEMBLY of the State oi Georgia and it is hereby enacted by authority of the same as follows: SECTION 1. That the Act approved February 16, 1943, entitled "An act to declare certain days as public and legal holidays; to declare certain days as religious holidays; etc." (Acts 1943, page 331) be and the same is hereby amended as follows: That the words "the last Thursday" in Section 1 of said Act be and is hereby stricken and in lieu thereof the following words inserted: "The fourth Thursday" and to insert between the words "Armistice Day" and the words "the last Thursday" in Section 1, the following words: "The first Monday in September known as Labor Day" so as amended, said Section 1 shall read as follows: "Section 1. That from and after the passage of this act the first day.of January, known as New Year's Day; the nineteenth day of January, known as Le~'s Birthday; the twenty-second day of February, known as Washington's Birthday; the twentysixth day of April, known as Memorial Day; the fourth day of July, known as Independence Day, the twelfth day of October, known as Columbus Day; the eleventh day of November, known as Armistice Day; the first Monday in September, known as Labor Day; the fourth Thursday in November, known as Thanksgiving Day; and the twenty-fifth day of December, known as Christmas Day, be and the same are hereby declared to be, public and legal holidays in the State of Georgia." SECTION 2. Any and all laws or parts of laws in 'conflict herewith are hereby repealed. The report of the committee, '"'hich 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. Pursuant to the unanimous consent previously asked by Senator Millican of the 52nd. SB 2 was called up for reconsideration. 76 JOURNAL OF THE SENATE, SB 2. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Freeman of the 22nd: A bill to be entitled an act to amend an act creating a Department of Public Safety so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper; and for other purposes. Senator Millican of the 52nd offered the following amendment: Amend SB 2 by striking the words "twenty-three" and inserting the words "twenty-one." The amendment was adopted. Senator Harrell of the 12th offered the following amendment: Amend SB 2 by striking the figure "twenty-three" wherever they appear and inserting the figure "twenty-five." A roll call was ordered on the above amendment and the vote was as follows: Those voting in the affirmative were Senators: Baggett Caldwell Drinkard Harrell of 12th Harrell of 7th Sabado~ Welsch Those voting in the negative were Senators: Bennett Bentley Branch Brown Causey Cloud Cook Deal Drake Edenfield Edwards Freeman Gillis Gould Greene Hawes Hill Hodges Holsenbeck Mavity McGinty Millican Minchew Moore Nix Norton Peebles Rainey Riley Slaughter Smith Stone Turner of 34th Turner of 35th Walker Wall Wellborn Yawn Not voting were Senators Battle, Chastain, Daves, Grayson, Moate and Shedd. By unanimous consent the verification of the roll call was dispensed with. TUESDAY, JANUARY 16, 1945 77 On the passage of the amendment to the bill, the ayes were 7, nays 38. The amendment was lost. The main question on Senate Bill No. 2, as amended, was ordered. The report of the committee, which was favorable to the passage of the bill, "as agreed to as amended. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following resolutions were read and adopted: SR 8. By Senators Rainey of the 11th and Gross of the 31st: A resolution confirming the appointment of Oliver F. Reeves as poet laureate of Georgia. SR 9. By Senators Rainey of the 11th and Gross of the 31st: A resolution expressing condolence upon the passing of Wightman F. Melton, poet laureate of Georgia. SR 11. By Senator Grayson of the 1st: A resolution inviting members of the Senate and House of Representatives and their attaches, State Department heads and others to be guests of the representatives from Chatham County at the Civic Room in the Ansley Hotel, Tuesday, January 23, at 6:30 P. M. The daughters of Senator Millican of the 52nd and former Senator Walter Estes were introduced to the Senate by the president. Colonel Jack Savage, Atlanta City Attorney, with his nephew, Ensign Wallace; Judge John Bouhan of Savannah, Georgia; President Emeritus M. L. Brittain and President Van Leer of Georgia Tech were presented to the Senate by the president. The seventh grade of Scottdale School, DeKalb County, and the class of the Morrow School, Morrow, Georgia, with their teachers were recognized in the gallery by the president. 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: 78 JOURNAL OF THE SEN,.<\1 E, HB 26. By Mr. Hinson of Jeff Davis: A bill to provide a salary of $100.00 per month to the Sheriff of Jeff Davis County in addition to fees, and for other purposes. HB 27. By Mr. Moye of Randolph: A bill to amend an Act approved Feb. 13, 1935, Ga. Laws 1935, pp. 778-784, as amended by an Act approved Mar. 11, 1943, Ga. Laws 1943, pp. 11031105, To create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia; to provide for the appointment, .qualification and election of the members thereof, etc., and for other purposes. HB 28. By Mr. Moye of Randolph: A bill to be entitled An Act to abolish the offices of Tax Collector and Tax Receiver in Randolph County and create the office of Tax Commissioner, and for other purposes. HB 42. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to divide Mcintosh County into five districts for the election of Commissioners of Roads and Revenues, and for other purposes. HB 43. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to repeal the laws establishing a Board of Commissioners of Roads and Revenues for Mcintosh County, and for other purposes. HB 44. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to repeal the law granting authority to the Commissioners of Roads and Revenues of Mcintosh County to create zoning regulations outside of City Limits, and for other purposes. HB 53. By Messrs. Broome, Hubert and McCurdy of DeKalb :. A bill to be entitled an Act to create a Bond Commission for the County of DeKalb, and for other purposes. The following bills of the House were read the first time and referred to committees: HB 26. By Mr. Hinson of Jeff Davis: A bill to provide a salary of $100.00 per month to the Sheriff of Jeff Davis TUESDAY, JANUARY 16, 1945 79 County in addition to fees, and for other purposes. Referred to Committee on Counties and County Matters. HB 27. By Mr. Moye of Randolph: A bill to amend an Act approved Feb. 13, 1935, Ga. Laws 1935, pp. 778-784, as amended by an Act approved Mar. 11, 1943, Ga. Laws 1943, pp. 11031105, To create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia; to provide for the appointment, qualification and election of the members thereof, etc., and for other purposes. Referred to Committee on Counties and County Matters. HB 28. By Mr. Moye of Randolph: A bill to be entitled An Act to abolish the offices of Tax Collector and Tax Receiver in Randolph County and create the office of Tax Commissioner, and for other purposes. Referred to Committee on Counties and County Matters. HB 42. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to divide Mcintosh County into five districts for the election of Commissioners of Roads and Revenues, and for other purposes. Referred to Committee on Counties and County Matters. HB 43. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to repeal the laws establishing a Board of Commissioners of Roads and Revenues for Mcintosh County, and for other purposes. Referred to Committee on Counties and County Matters. HB 44. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to repeal the law granting authority to the Commissioners of Roads and Revenues of Mcintosh County to create zoning regulations outside of City Limits, and for other purposes. Referred to Committee on Counties and County Matters. HB 53. By Messrs. Broome, Hubert and McCurdy of DeKalb: A bill to be entitled an Act to create a Bond Commission for the County of 80 JOURNAL OF THE SENATE, DeKalb, and for other purposes. Referred to Committee on Counties and County Matters. The following message was received from the House through l\lr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate to wit: SR 11. By Senator Grayson of the 1st: A resolution accepting the invitation extended by the representatives from Chatham County, to appear at the Civic Room of the Ansley Hotel at 6:30 P. M. o'clock on Tuesday, January 23rd, 1945, for the purpose of being entertained with food and light refreshments. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. WEDNESDAY, JANUARY 17. 1945 81 Senate Chamber, Atlanta, Georgia. Wednesday, January 17, 1945. The Senate met pursuant to adjournment at lO :00 o'clock this morning and was called to order by the president. The invocation was offered by a visiting pastor, ReY. T. J. Spear, of the Atlanta Gospel Tabernacle. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolution reported favorably. 5. Putting upon third readinj!; general bills with local application. 6. Putting upon third reading general bills for final passage. The consent was granted. The following bills were introduced, read the first time and referred to committees: SB 45. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to amend charter of the City of Savannah so as to provide for a Mayor's Pension; and for other purposes. Referred to Committee on Municipal Governments. SB 46. By Senators Grayson of the lst and Gross of the 31st: A bill to be entitled an act to provide that the mayor and aldermen of the City of Savannah shall have the right to close any part or all of Duffy Street Lane and Henry Street Lane; and for other purposes. Referred to Committee on Municipal Governments. 82 JOURNAL OF THE SENATE, SB 47. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to amend the charter of the City of Savannah to provide by ordinance for a Savannah Airport Commission to administer, maintain and operate municipally owned airports; and for other purposes. Referred to Committee on Municipal Governments. SB 48. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to amend the charter of the City of Savannah authorizing the Mayor and Aldermen to create an Industrial and Domestic Water Supply Commission; and for other purposes. Referred to Committee on Municipal Governments. SB 49. By Senator Grayson of the 1st: A bill to be entitled an act to amend the charter of the City of Savannah to increase the salary or compensation of the members of the Board of Aldermen; and for other purposes. Referred to Committee on Municipal Governments. SB 50. By Senator Yawn of the 38th: A bill to be entitled an act to prohibit the trapping or taking of muskrat, mink, beaver, otter, raccoon, o'possum, skunk, bobcat, fox and weasel in Dodge County at any time; and for other purposes. Referred to Committee on Game and Fish. SB 51. By Senators Gross of the 31st and Minchew of the 5th: A bill to be entitled an act authorizing the State Department of Public Welfare to accept and disburse Federal grant-in-aid Funds to the fullest extent; authorizing the Department to comply with all requirements prescribed by Congress for this purpose; and for other purposes. Referred to Committee on Public Welfare. SB 52. By Senator Stone of the 15th: A bill to be entitled an act to create a livestock Health Board and transfer duties vested in the State Veterinarian exercised by the Commissioner of Agriculture and to provide the Board shall employ a State Veterinarian; and for other purposes. Referred to Committee on Agriculture. WEDNESDAY, JANUARY 17, 1M5 83 SB 53. By Senator Peebles of the 18th: A bill to be entitled an act to fix the salary of the Treasurer of Glascock county; and for other purposes. Referred to Committee on Counties and County Matters. SB 54. By Senator Caldwell of the 37th: A bill to be entitled an act to provide that in all counties having a Board of Health fees to registrars of vital statistics shall be paid from funds appropriated to the Board of Health; and for other purposes. Referred to Committee on Counties and County Matters. SB 55. By Senator Yawn of the 48th: A bill to be entitled an act to provide that the Certified Public Accountant employed to audit the books of Dodge county shall be selected by the judge of the Superior Court; and for other purposes. Referred to Committee on Counties and County :Matters. SB 56. By Senator Holsenbeck of the 27th: A bill to be entitled an act to provide for a change in time of holding the Superior Court of Barrow County; and for other purposes. Referred to Committee on Count.ies 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: HR 20. By Mr. Harris of Richmond: A resolution that we do hereby express our admiration for the life, character and work of the said late distinguished Poet Laureate Wightman E. Melton. Be it further resolved that the condolence of the General Assembly be expressed to the family and relatives of the said late distinguished Georgian. The following message was received from the House through Mr. McCutchen, the Clerk thereof: 84 JOURNAL OF THE SENATE, Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 7. By Messrs. Twitty and Hand of Mitchell: A bill to be entitled an Act to amend an Act to create a new charter for the City of Camilla; and for other purposes. HB 13. By Messrs. Battles and Miller of Decatur: A bill to be entitled an Act to fix the salaries of the Solicitor and Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes. HB 29. By Mr. Moye of Randolph: A bill to be entitled an Act to amend the charter of the City of Cuthbert by providing that the Mayor and Aldermen shall be eligible to succeed themselves in office; and for other purposes. HB 31. By Mr. Matthews of Peach: A bill to be entitled an Act to fix the salary of the Treasurer of Peach county; and for other purposes. HB 37. By Messrs. Williams and Hinson of Ware: A bill to be entitled an Act to create a pension fund for employees of the City of Waycross; and for other purposes. HB 49. By Mr. Hollis of Chattahoochee: A bill to be entitled an Act to provide pay to the members of the Board of Commissioners of Roads and Revenues of Chattahoochee county; and for other purposes. HB 50. By Mr. Hogg of Marion: A bill to be entitled an Act to fix the salary of 'the Tax Commissioner of Marion county at $1,500.00 per year; and for other purposes. The following House Bills were read the first time and referred to committees: HB 7. By Messrs. Twitty and Hand of Mitchell: A bill to be entitled an Act to amend an Act to create a new charter for the City of Camilla; and for other purposes. WEDNESDAY, JANUARY 17, 1945 85 Referred to Committee on Municipal Governments. HB 13. By Messrs. Battles and Miller of Decatur: A bill to be entitled an Act to fix the salaries of the Solicitor and Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes. Referred to Committee on :\lunicipal Governments. HB 14. By Mr. Sills of Candler: A bill to be entitled an Act to provide for compensation to the Sheriff of Candler county in addition to fees in the sum of $100.00 per month; and for other purposes. Referred to Committee on Counties and County Matters. HB 15. By Mr. Sills of Candler: A bill to be entitled an Act to amend an Act approved August 20, 1925, Georgia Laws 1925, pages 584-586, creating the office of Tax Commissioner of Candler county by changing the compensation by allowing fees allowed by law for Tax Receivers; and for other purposes. Referred to Committee on Counties and County Matters. HB 17. By Messrs. Alexander, Connerat and McNall of Chatham: A bill to be entitled an Act to amend the Act creating the County Commissioners of Chatham county by providing a salary of $2,000.00 per year for the Chairman of the County Commissioners; and for other purposes. Referred to Committee on Counties and County Matters. HB 20. By Mr. Almand of Walton: A bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Walton county by increasing their salary; and for other purposes. Referred to Committee on Coupties and County Matters. HB 29. By Mr. Moye of Randolph: A bill to be entitled an Act to amend the charter of the City of Cuthbert by providing that the Mayor and Aldermen shall be eligible to succeed themselves in office; and for other purposes. Referred to Committee on Municipal Government. 86 JOURNAL OF THE SENATE, HB 31. By Mr. Matthew~ of Peach: A bill to be entitled an Act to fix the salary of the Treasurer of Peach county; and for other purposes. Referred to Committee on Counties and County Matters. HB 37. By Messrs. Williams and Hinson of Ware: A bill to be entitled an Act to create a pension fund for employees of the City of Waycross; and for other purposes. Referred to Committee on Municipal Governments. HB 49. By Mr. Hollis of Chattahoochee: A bill to be entitled an Act to provide pay to the members of the Board of Commissioners of Roads and Revenues of Chattahoochee county; and for other purposes. Referred to Committee on Counties and County Matters. HB SO. By Mr. Hogg of Marion: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Marion county at $1,500.00 per year; and for other purposes. Referred to Committee on Counties and County Matters. The following resolutions were read and adopted: SR 12. By Senator Minchew of the 5th: A resolution authorizing proper officials to place at rear of President's stand, flags of the United States and Georgia as a jesture of respect to our Nation and State. HR 20. By Mr. Harris of Richmond: A resolution expressing admiration for the life, character and work of the said late distinguished Poet Laureate, Wight F. Melton; and for other purposes. Mr. Baggett of the 51st District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following WEDNESDAY, JANUARY 17, 1945 87 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 4. Do Pass HB 1. Do Pass Respectfully submitted, J. J. Baggett of S'lst district, Chairman. Mr. C. E. Yawn of the 48th 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 bills of the House and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations: HB 26. Do Pass HB 27. Do Pass H B 28. Do Pass Respectfully submitted, C. E. Yawn of 48th district, Vice-Chairman. Mr. C. E. Yawn of the 48th District, Vice-Chairman of the Committee oo Counties and County Ma~ters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations: SB 19. Do Pass SB 20. Do Pass Respectfully submitted, C. E. Yawn of 48th district, Vice-Chairman. Mr. C. E. Yawn of the 48th District, Vice-Chairman of the Committee on 88 JOURNAL OF THE SENATE, Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County i\tlatters have had under consideration the following bill of the House and have inst~cted me as Vice-Chairman, to report the same back: to the Senate with the following recommendation: HB 53. Do Pass Respectfully submitted, C. E. Yawn of 48th district, Vice-Chairman. Mr. Freeman of the 22nd 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 Chariman, to report the same back: to the Senate with the following recommendations: SB 37. Do Pass SB 36. Do Pass Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Welsch of the 39th 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 25. Do Pass SB 43. Do Pass Respectfully submitted, Welsch of 39th district, Chairman. WEDNESDAY, JANUARY 17, 1945 89 .:VIr. C. E. Yawn of the 48th District, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report: ~~ r. 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 42. Do Pass HB 43. Do Pass HB 44. Do Pass Respectfully submitted, C. E. Yawn, of 48th district, Vice-Chairman. The following bills of the Senate favorably reported by the committees, were read the second time: SB 4. By Senators .:Vlillican of the 52nd, Gross of the 31st, Mavity of the 44th and Stone of the 15th: A bill to be entitled an Act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department; and for other purposes. SB 19. By Senator .:Vlillican of the 52nd: A bill to be entitled an Act to provide a system for pension and retirement of teachers and employees of the Board of Education of Fulton County; and for other purposes. SB 20. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal an Act approved March 10, 1937 (Acts of 1937, page 892), creating a retirement fund for teachers and employees of the Board of Education of Fulton County; and for other purposes. SB 25. By Senators Stone of the 15th, Grayson of the 1st, Turner of the 34th, Freeman of the 22nd, and others: A bill to be entitled an Act to make valid and binding contracts of minors incident to loans made under Title III of Public Law 364, 78th Congress; and for other purposes. 90 JOURNAL OF THE SENATE, SB 36. By Senators Wellborn of the 40th, Minchew of the 5th and Edenfield of the 2nd: A bill to be entitled an Act to provide that sheriffs of this State shall be paid the sum of fifty cents for serving each juror, grand or traverse, drawn to serve at any ter mof any city or superior court; and for other purposes. SB 37. By Senators Grayson of the 1st and Stone of the 15th: A bill to be entitled an Act to provide that candidates may file itemized statement of expenses with the Comptroller General or clerks of the Superior Court; and for other purposes. SB 43. By Senator Welsch of the 39th: A bill to be entitled an Act to pro~ide deputy sheriffs of Cobb County shall be paid $2.00 per day for attendance upon courts and elections; and for other purposes. The following bills of the House, favorably reported by the committees, were read the second time: HB 26. By Mr. Hinson of Jeff Davis: A bill to provide a salary of $100.00 per month to the Sheriff of Jeff Davis County in addition to fees; and for other purposes. HB 27. By Mr. Moye of Randolph: Abill to amend an Act approved February 13, 1935, Georgia Laws 1935, pp. 778-784, as amended by an Act approved March 11, 1943, Georgia Laws 1943, pp. 1103-1105, To create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia; to provide for the appointment, qualification and election of the members thereof, etc.; and for other purposes. HB 28. By Mr. Moye of Randolph: A bill to be entitled An Act to abolish the offices of Tax Collector and Tax Receiver in Randolph County and create the office of Tax Commissioner; and for other purposes. HB 42. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to divide Mcintosh County into five districts for the election of Commissioners of Roads and Revenues; and for other purposes. WEDNESDAY, JANUARY 17, 1945 91 HB 43. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act ot repeal the laws establishing a Board of Commissioners of Roads and Revenue for Mcintosh County; and for other purposes. HB 44. By Mr. DeFoor of Mcintosh: A bill to be entitled an Act to repeal the law granting authority to the Commissioners of Roads and Revenues of Mcintosh County to create zoning regulations outside of City Limits; and for other purposes. HB 53. By Messrs. Broome, Hubert and McCurdy of DeKalb. A bill to be entitled an Act to create a Bond Commission for the County of DeKalb; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: :\11 r. President: The House has passed by the requisite constitutional majority the following resolutions of the Senate to wit: SR 8. By Senators Rainey of the 11th and Gross of the 31st: A resolution confirming the appointment of Oliver F. Reeves as Poet Laureate of Georgia. SR 9. By Senators Rainey of the 11th and Gross of the 31st: A resolution expressing condolence upon the passing of Wightman F. Melton, Poet Laureate of Georgia. The following bills were read the third time and put upon their passage: HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper and others: A bill to amend the General Appropriation Act approved January 29, 1943, so as to provide an appropriation of $1,000,000.00 in each fiscal year for the State cost of operating the Teacher Retirement System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 92 JOURNAL OF THE SENATE, A roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators: Baggett Bennett Bentley Branch Brown Caldwell Causey Chastain Cloud Cook Deal Drake Drinkard Edenfield Edwards Freeman Gillis Gould Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Mavity McGinty Millican Minchew Moate Nix Norton Peebles Rainey Riley Sabados Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Welsch Wellborn Yawn Not voting were Senators Battle of the 13th, Daves of the 14th, Grayson of the 1st, Holsenbeck of the 27th, Moore of the 38th, Walker of the 45th and Wall of the 9th. 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 majority, was passed. SB 8. By Senator :\-Iillican of the 52nd: A bill to be entitled an Act to amend an Act creating a Civil Service Board in Fulton County to provide that Mrs. Evelyn C. McCutcheon should be entitled to receive the benefits thereof; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 7. By Senator Millican of the 52nd: A bill to be entitled an Act to regulate the sale of second-hand watches by WEDNESDAY, JANUARY 17, 1945 93 requiring all dealers of second-hand watches to tag the same as "secondhand", and for other purposes. Senator Harrell of the 12th offered the following amendment: Amend SB 7 by striking the figure 5 years from the sale thereof and inserting two and one-half years from the sale thereof in line 13, section 3 ; also under Section 5, line 13, striking 5 years and inserting two and one-half years. The amendment was adopted. The following amendment was offered by Senator Sabados of the lOth: Amend SB 7 by striking in Section 3, line 13, the words "five years" and insertIng in lieu thereof the words "two years", by striking in Section 5, line 13, the words "five years" and inserting in lieu thereof the words "two years". Under the rules of the Senate the above amendment was out of order. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 42, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. The president of the Senate presented: the wife and grand-daughter of Senator Branch of the 47th; Lt. Col. Payne, of Elberton, Georgia; Messrs. Homer Ledge and B. C. Smalley of Lincolnton, Georgia; former Senators Coker and Holmes and Mr. John A. Seay, husband of the calendar clerk of the Senate, of Atlanta. Senator Millican of the 52nd moved that when the Senate adjourns tomorrow that it stand adjourned until Monday morning at 10:00 o'clock, and the motion prevailed. Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned, until 10:00 o'clock tomorrow morning. 94 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Thursday, January 18, 1945. The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. Senator Walker of the 45th, 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: 1. Introduction of bills and resolutions. 2. First reading and reference of hills and resolutions. 3. Second reading of bills and resolutions favorably reported. 4. Reports of standing committees. 5. Putting upon third reading local Senate and House hills for final passage. 6. Putting upon third reading general Senate and House hills for final passage. The consent was granted. Lt. Robert B. Causey and Mrs. Homer Causey, son and wife of Senator Causey of the 46th, were presented to the Senate by the president. The following bills were introduced, read the first time and referred to committees: SB 57. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to provide insurance to cover losses resulting from windstorm, cyclone, or tornado shall cover all losses sustained directly or indirectly, such as from tidal wave, high water or overflow; and for other purposes. Referred to Committee on Insurance. SB 58. By Senator McGinty of the 43rd: A bill to be entitled an act to amend the charter of the City of Calhoun to THURSDAY, JANUARY 18, 1945 .95 define and establish the territorial limits of the city; ana for other purposes. Referred to Committee on Municipal Governments. SB 59. By Senator Harrell of the 12th: A bill to be entitled an act to declare invalid common law marriages in this State; and for other purposes. Referred to Committee on General Judiciary No. 1. 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 38. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph and others: A bill to be entitled an Act to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes. HB 40. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph and ~thers: A bill to be entitled an Act to provide that minors may contract for loans under Title III of Public Law No. 346, 78th Congress, and such contracts shall be valid; and for other purposes. The following message was received from the House through Mr. P. T. ~1c Cutchen, Jr., the Clerk thereof: 1\tlr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 59. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to provide for a Chairman of the ,Commissioners of Roads and Revenues of Carroll county in~tead of an Executive Director, and to define his duties; to provide for ;a Clerk of the Board of Commissioners; and for other purposes. 96 JOURNAL OF THE SENATE, HB 66. By Mr. Mann of Henry: A bill to be entitled an Act to abolish the City Court of Henry county; and for other purposes. 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: HB 3. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn and others: A bill to be entitled an Act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes. The following bills of the House were read the first time and referred to committees: HB 3. By Mr. Harris of Richmond and others: A bill to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes. Referred to Committee on State of Republic. HB 38. By Mr. Price of Clarke and others: A bill to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes. Referred to Committee on Education. HB 40. By Mr. Price of Clarke and others: A bill to provide that minors may contract for loans under Title III of Public Law No. 346, 78th Congress; and for other purposes. THURSDAY, JANUARY 18, 1945 97 Referred to Committee on General Judiciary No. 1. HB 66. By Mr. Mann 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 59. By Messrs. Brock and Alexander of Carroll: A bill to provide for a Chairman of the Commissioners of Roads and Revenues of Carroll county instead of an Executive Director, and to define his duties, to provide for a Clerk of the Board of Commissioners; and for other purposes. Referred to Committee on Counties and County Matters. Mr. T. A. Chastain, of the 41st District, Chairman of the Committee on Mines and Mining, submitted the following report: Mr. President: Your Committee on Mines and Mining have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 44. Do Pass Respectfully submitted, T. A. Chastain, of 41st district, Chairman. Mr. Moate of the 20th 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 20. Do Pass HB 17. Do Pass HB 50. Do Pass 98 .JOURNAL OF THE SENATE, HB 31. Do Pass HB 49. Do Pass Respectfully submitted, Marvin E. Moate of 20th district, Chairman. Mr. Turner of the 34th 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 29. Do Pass HB 37. Do Pass Respectfully submitted, Mell Turner of 34th district, Chairman. The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time: HB 37. By Messrs. Williams and Hinson of Ware: A bill to create a pension fund for employees of the City of Waycross; and for other purposes. HB 29. By Mr. Moye of Randolph: A bill to amend the charter of the City of Cuthbert by providing that the Mayor and Aldermen shall be eligible to succeed themselves in office; and for other purposes. '!l}!/ SB 44. By Senators Harrell of the 7th, Drake of the 8th and Wall of the 9th: A bill to be entitled an act to amend Code Section 22-1504 by providing that foreign corporations may own mineral rights, minerals, oil or gas on or under more than 5,000 acres of land without incorporating under the Georgia Law; and for other purposes. THURSDAY, JANUARY 18, 1945 99 HB 31. By Mr. Matthews ~f Peach: A bill to nx the salary of the Treasurer of Peach county; and for other purposes. SB 50. By Senator Yawn of the 38th: A bill to be entitled an act to prohibit the trapping or taking of muskrat, mink, beaver, otter, raccoon, o'possum, skunk, bobcat, fox and weasel in Dodge county at any time; and for other purposes. HB 17. By Mr. Alexander of Chatham and others: A bill creating the County Commissioners of Chatham county by providing a salary of $2,000.00 per year for the Chairman of the County Commissioners; and for other purposes. HB 49. By Mr. Hollis of Chattahoochee: A bill to provide pay to the members of the Board of Commissioners of Roads and Revenues of Chattahoochee county; and for other purposes. HB 20. By Mr. Almand of Walton: A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Walton county by increasing their salary; and for other purposes. HR 6. By Mr. Harris of Richmond, and others: A resolution to authorize the Governor to transfer $3,348,000.00 from the reserve fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term; and for other purposes. The following local bills of the Senate and House were read the third time and put upon their passage: SB 19. By Senator Millican of the 52nd: A bill to be entitled an Act to provide a system fol' pension and retirement of teachers and employees of the Board of Education of Fulton county; and for other purposes. Senator Millican of the 52nd offered the following amendment: Amend SB 19, Section 1, page 2, by striking the words "The County Super- 100 JOURNAL OF THE SENATE, intendent and all of his assistants," and inserting in lieu thereof the words, "The Assistant County Superintendents." Further amend Section 9 by striking the balance of the section beginning in line 7, with the words, "Where the members." Further amend Section 16, line 2, after the word "Study" by adding the words "or sickness" and further amend by adding in line 5, after the word "study" the words "or sickness"; and further amend by adding at the end of said section the words, "during his total years of service". 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 Jllajority, was passed as amended. SB 20. By Senator Millican of the 52nd: A bill to be entitled an act to repeal an Act approved March 10, 1937 (Acts of 1937, page 892) creating a retirement fund for teachers and employees of the Board of Education of Fulton county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Millican of the 52nd asked unanimous consent that SB 25 be tabled and the consent was granted: SB 25. By Senators Stone of the 15th, Grayson of the 1st, Turner of the 34th, Freeman of the 22nd, Millican of the 52nd, Gould of the 4th and Gillis of the 16th: A bill to be entitled an Act to make valid and binding contracts of minors incident to loans made under Title III of Public Laws 364, 78th Congress; and for other purposes. SB 43. By Senator Welsch of the 39th: A bill to be entitled an act to provide deputy sheriffs of Cobb county shall be paid $2.00 per day for attendance upon courts and elections; and for other purposes. THURSDAY, JANUARY 18, 1945 101 The report 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 26. By Mr. Hinson of Jeff Davis: A bill to provide a salary of $100.00 per month to the sheriff of Jeff Davis county in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 42. By Mr. DeFoor of Mcintosh and others: A bill to divide Mcintosh county into five districts for the election of Commissioners of Roads and Revenues; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 43. By Mr. DeFoor of Mcintosh: A bill to repeal the laws establishing a Board of Commissioners of Roads and Revenues of Mcintosh county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Millican of the 52nd asked unanimous consent that Senate Bill No. 4 be tabled and the consent was granted: SB 4. By Senators Millican of the 52nd, Gross of the 31st, Mavity of the 44th and Stone of the 15th: A bill to be entitled an Act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department; and for other purposes. 'to2 JOURNAL OF THE SNATE, HB 44.. By Mi. DeFoor of Mcintosh: A bill to repeal the law granting authority to the Commissioners of Roads and Revenues for Mcintosh county; and for other purposes. city limits, and for other purposes. . '' ' The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 53. By Mr. McCurdy of DeKalb and others: A bill to create a bond commission for the County of DeKalb; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 27. By Mr. Moye of Randolph: A bill to re-district the County of Randolph for the election of Commissioners of Roads and Revenues; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 28. By Mr. Moye of Randolph: A bill to abolish the offices of Tax Collector arid Tax Receiver in Randolph County and create the office of Tax Commissioner; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was read the third time and put upon its passage: THURSDAY, JANUARY 18, 1945 103 SB 37. By Senators Grayson of the 1st and Stone of the 15th: A hill to be entitled an Act to provide that candidates may file itemized statements of expenses with the Comptroller General or clerks of the Superior Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 5. The bill, having received the requisite constitutional majority, was pass~d. Senator Baggett of the 51st asked unanimous consent that HR 6 be withdrawn from the Committee on Appropriations, read the second time and recommitted: HR 6. By Mr. Harris of Richmond and others: A resolution to authorize the Governor to transfer $3,348,000.00 from the reserve fund to the State Department of Education to pay increased teachers salaries for 1944-45 school term; and for other purposes. The consent was granted. Former Representative and Vice-President of the Bell Aircraft Corporation, James V. Carmichael, and Mr. Larry Bell, President of the Bell Aircraft Corporation, were presented to the Senate by th~ president. Members of the Senate were invited by these officials to visit the Bell Aircraft Corporation. Former Senator and Mrs. Redman; Mrs. Howell Cobb of Albany, Georgia; Major Price of Jesup, Georgia; Lt. and Mrs. Swaggerty of Colorado and Judge Dorsey Davis, City Attorney of Athens, were introduced to the Senate by the president. 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 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 Exl.'cutive Session at 11 :07 o'clock . 104 JOURNAL OF THE SENATE, The following communication was dispatched to His Excellency, The Governor: Honorable Ellis Arnall, Governor, State of Georgia, State Capitol, Atlanta, Georgia. January 18, 1945. Dear Governor: Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows: The appointment of Mrs. Frank A. Dennis of theCounty of Putnam to be a Member of the State Highway Commission representing the Sixth Congressional District for an unexpired term beginning January 18, 1945, and expiring January 12, 1947. The vote on this confirmation was 40 to 0. The appointment of Mrs. Henry B. Troutman of the County of Fulton to be a Member of the State Board of Education representing the Fifth Congressional District for an unexpired term beginning January 18, 1945, and expiring January 1, 1948. The vote on this confirmation was 40 to 0. Respectfully yours, hwn:ll Mrs. Henry W. Nevin, Secretary of Senate. The Senate reconvened at 11 :14 o'clock. Senator Millican of the 52nd, moved that the Senate do now adjourn and stand adjourned until Monday morning at 10:00 o'clock, and the motion prevailed. The president announced the Senate adjourned until Monday morning at 10:00 o'clock. MONDAY, JANUARY 22, 1945 105 Senate Chamber, Atlanta, Georgia. Monday, January 22nd, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th reported tha~ 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 Millican of the 52nd 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 bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading local Senate and House bills for final passage. 6. Putting upon third reading general Senate and House bills. The consent was granted. The president presented to the Senate Mrs. Hawes, wife of Senator Hawes of the 30th, and Mrs. Harrell, wife of Senator Harrell of the 7th. Former Representative and Mrs. W. M. Butt; Ordinary Judge Phillips of the 12th district; Superior Court Judges Will R. Smith and J. M. C. Townsend were introduced by the president. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 60. By Senator Holsenbeck of the 27th: A bill to be entitled an act to provide the State shall pay Clerks of the Superior Court $1.00 each for recording enlistment and discharge records of members of the armed forces; and for other purposes. Referred to Committee on General Judiciary No. 2. 106 JOURNAL OF THE SENATE, SB 61. By Senator Mavity of the 44th: A bill to be entitled an act to amend the charter of the City of Lafayette by extending the city limits; and for other purposes. Referred to Committee on Municipal Governments. \ SB 62. By Senator Millican of the 52nd: A bill to be entitled an act to amend the charter of the City of Atlanta to provide the Mayor and Council can sell to Atlanta Post No. 1 of the American Legion the land on which the American Legion Home now .stands in Piedmont Park; and for other purposes. Referred to Committee on Municipal Governments. SB 63. By Senator Welsch of the 39th: A bill to be entitled an act to make it lawful to hunt or kill rabbits at any time in the State; and for other purposes. Referred to Committee on Game and Fish. SB 64. By Senator Greene of the 21st: A bill to be entitled an act to prohibit any person, firm or corporation from selling cemetery lots or mausoleum space upon the promise, representation or inducement to the purchaser that the same may be resold at a profit; and for other purposes. Referred to Committee on State of Republic. .SB 65. By Senator Mavity of the 44th: A bill to be entitled an act to amend the charter of the City of Chickamauga to increase the school tax fro mone to two per cent; and for other purposes. Referred to Committee on Municipal Governments. SB 66. By Senator Hawes of the 30th: A bill to be entitled an Act to increase the salary of the Solicitor General of the Northern Judicial Circuit; and for other purposes. Referred to Committee on Special Judiciary. SR 13. By Senators Hawes of the 30th and Hill of the 38th: A resolution inviting Hon. J. Knox Gholston, a &e'fubet of the State High- MONDAY, JANUARY 22, 1945 107 way Board, to address a joint session of the General Assembly, on Reorganization of the Highway Department; and for other purposes. Referred to Committee on State of Republic. The following message was received from the l:louse 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 76. By Mr. Oden of Pierce: A bill to be entitled An Act to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pierce county; and for other purposes. HB 90. By Messrs. Shields, Holleman and Young of Muscogee: A bill to be entitled an Act to increase the salary of the judge of the Municipal Court of Columbus to $4,800.00; and for other purposes. HB 92. By Mr. Hardy of Jackson: A bill to be entitled an Act to fix the salaries of the Commissioners of Roads and Revenues of Jackson county; and for other purposes. HB 97. By Mr. Williams of Jones: A bill to be entitled an Act to abolish the City Court of Gray; and for other purposes. HB 98. By Mr. Key of Jasper: A bill to be' entitled an Act to fix the date for the monthly meeting of the Commissioners of Roads and Revenues for Jasper county; and for other purposes. HB 99. By Mr. Mason of Morgan: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioners of Roads and Revenues of Morgan county; and for other purposes. HB 103. By Mr. Rossee of Putnam: A bill to be entitled an Act to provide any Commissioner of Roads and Revenues of Putnam county who offers for re-election and i~ defeated 108 JOURNAL OF THE SENATE, shall not hold over, but the Governor shall appoint a Commissioner; and for other purposes. HB 111. By Mr. Gary of Quitman: A bill to be entitled an Act to abolish the County Court of Quitman county; and for other purposes. HB 112. By Mr. Herren of Echols: A bill to be entitled an Act to repeal an Act approved February 22, 1943 (Georgia Laws 1943, pp. 955-959) which divides Echols county into three districts for the election of County Commissioners; and for other purposes. HB 113. By Mr. Herren of Echols: A bill to be entitled an Act to provide for the election and tenure of members of the Board of Roads and Revenues of Echols county; and for other purposes. The following bills of the House were read for the first time and referred to committees: HB 76. By Mr. Oden of Pierce: A bill to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pierce county; and for other purposes. Referred to Committee on Counties and County Matters. HB 90. By Mr. Shields of Muscogee and others: A bill to increase the salary of the judge of the Municipal Court of Columbus to $4,800.00; and for other purposes. Referred to Committee on Special Judiciary. HB 92. By Mr. Hardy of Jackson: A bill to fix the salaries of the Commissioners of Roads and Revenues of Jackson county; and for other purposes. Referred to Committee on Counties and County Matters. HB 97 By Mr. Williams of Jones: A bill to abolish the City Court of Gray; and for other purposes. Referred to Committee on Special Judiciary. MONDAY, JANUARY 22, 1945 109 HB 99. By Mr. Mason of Morgan: A bill to fix the salary of the Clerk of the Commissioners of Roads and Revenues for Morgan county; and for other purposes. Referred to Committee on Counties and County Matters. HB 103. By Mr. Rossee of Putnam: A bill to provide any Commissioner of Roads and Revenues of Putnam county who offers for re-election and is defeated shall not hold over, but the Governor shall appoint a Commissioner; and for other purposes. Referred to Committee on Counties and County Matters. HB 111. By Mr. Gary of Quitman: A bill to abolish the County Court of Quitman county; and for other purposes. Referred to Committee on Special Judiciary. HB 112. By Mr. Herren of Echols: A bill to repeal an act approved February 22, 1943 {Georgia Laws 1943, pp. 955-959) which divided Echols county into three districts for the election of County Commissioners; and for other purposes. Referred to Committee on Counties and County Matters. HB 113. By Mr. Herren of Echols: A bill to provide for the election and tenure of members of the Board of Roads and Revenues of Echols county; and for other purposes. Referred to Committee on Counties and County Matters. HB 98. By Mr. Key of Jasper: A bill to fix the date for the monthly meeting of the Commissioners of Roads and Revenues for Jasper county; and for other purposes. Referred to Committee on Counties and County Matters. Mr. Moate of the 20th 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 llO JOURNAL OF THE SENATE, the following bills of th<; House and have instructed me as Chairman, to report the same b~ck . 'to the Senate with the following recommendations: HB 14. Do Pass HB 15. Do Pass Respectfully submitted, Senator Moate. of 20th district, Chairman. Mr. Baggett of the 51st District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HR 6. Do Pass Respectfully submitted, Baggett of 51st district, Chairman. Mr. Welsch of the 39th 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 9. Do Pass, by substitute SB 10. Do Pass SB 11. Do Pass SB 12. Do Pass SB 13. Do Pass SB 14. Do Pass MONDAY, JANUARY 22, 1945 111 SB 15. Do Pass SB 16. Do Pass, as amended SB 22. Do Pass Respectfully submitted. Welsch of 39th district, Chairman. Mr. Turner of the 34th 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 7. Do Pass HB 13. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back: to the Senate with the following recommendation: HB 59. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Nix of 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills 112 JOURNAL OF THE SENATE, 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 17 SR 5 SB SR 11 SB 2 SB 3 SB 6 SR 8 SR 9 SB 7 SB 8 SB 19 SB 20 SB 37 SB 43 SR 12 SB 36 SB 44 Respectfully submitted, Nix of 32nd district, Chairman. The following bills of the Senate and House, favorably reported by the committees, were read the second time: SB 22. By Senator Peebles of the 18th: A bill to be entitled an act to provide for the admissibility in evidence in all actions for the condemnation of real property of evidence.as to the value of MONDAY, JANUARY 22, 1945 113 other comparable properties in all events and under all circumstances; and for other purposes. SB 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to provide for the service of process, summonses and noti~es by using a duplicate original in counties other than where the case is pending; and for other purposes. SB 15. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to provide for the granting of supersedeas by the Supreme Court and Court of Appeals of Georgia; and for other purposes. SB 14. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th and Freeman of the 22nd: A bill to be entitled an act to provide that the Secretary of State shall file with the Clerks of the Superior Courts of this State certified copies of all general laws within ten days after approval; and for other purposes. SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to authorize the Superior Courts of this State to render Declaratory Judgments; to declare the effect thereof; and for other purposes. SB 12. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd: A bill to be entitled an act to create a Judicial Counsel composed of the Chief Justice and a Justice of the Supreme Court, the Chairman of Judiciary Committee No. 1 of the House and Senate, a Judge of the Court of Appeals, two trial judges, five lawyers and three laymen; and for other ptuposes. SB 11. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to create a public corporation to be known as "THE GEORGIA BAR"; and for other purposes. SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to provide that Justices of the Supreme Court 114 JOURNAL 0F THE SENATE,: shall be authorized to make and adopt rules relating .to examinations for admission to the Bar of this State; and for other purposes. SB 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to provide for making of proce~ure and practice in the courts of this State simpler by vesting in the Justices of the Supreme Court the power to adopt, modify and repeal rules of procedure; and for other purposes. HB 15. By Mr. Sills of Candler: A bill to amend an act approved August 20, 1925 (Georgia Laws 1925, pages 584-586), creating the offices of Tax Commissioner of Candler county by law for Tax Receivers; and for other purposes. HB 14. By Mr. Sills of Candler: A bill to provide for compensation to the sheriff of Candler county in addition to fees in the sum of $100.00 per month; and for other purposes. HB 7. By Mr. Twitty of Mitchell and others: A bill to amend an act to create a new charter for the City of Camilla; and for other purposes. HB 13. By Messrs. Battles and Miller of Decatur: A bill to fix the salaries of the Solicitor and Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes. HB 59. By Messrs. Brock and Alexander of Carroll: A bill to provide for a Chairman of the Commissioners of Roads and Revenues of Carroll county instead of an Executive Director, and to define his duties; to provide for a CleJ;"k of the Board of Commissioners; and for other purposes. The following bills and resolutions of the Senate and House were read the third time and put upon their passage: SB 36. By Senators Wellborn of the 40th, Minchew of the 5th, and ~denfield of the 2nd: A bill to he entitled an act to provide that sheriffs of this Stite shall be paid the sum of fifty cents for serving each juror, grand, traverse, drawn to serve at any term of any city or Superior Court; and for other purposes. MONDAY, JANUARY 22, 1945 115 The report 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 44. By Senators Harrell of the 7th, Drake of the 8th and Wall of the 9th: A bill to be entitled an Act to amend Code Section 22-1504 by providing that foreign corporations may own mineral rights, minerals, oil or gas on or under more than 5,000 acres of land without incorporating under the Georgia 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 6. By Mr. Harris of Richmond, and others: A resolution to authorize the Governor to transfer $3,348,000.00 from the reserve fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term; 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 appropriation, a roll call was ordered and the vote was as follows : Those voting in the affirmative were Senators: Baggett Bennett Bentley Branch Brown Caldwell Causey Chastain Cloud Cook Daves Deal Drake Drinkard Edenfield Freeman Gould Greene H'arrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Millican Minchew Moate Moore Nix Norton Peebles Rainey Riley Shedd Slaughter Smith 116 JOURNAL OF THE SENATE, Stone Turner of 34th Turner of 35th Walker Welsch Wellborn Not voting were Senators Battle of the 13th, Edwards of the 28th, Gillis of the 16th, Grayson of the lst, Mavity of the 44th, McGinity of the 43rd, Sabados of the lOth, Wall of the 9th and Yawn of the 48th. 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 majority, was adopted. The following resolution of the Senate was read and adopted: SR 14. By Senators Gould of the 4th and Edenfield of the 2nd: A RESOLUTION WHEREAS, there is at present no air transport passenger service between the City of Atlanta and the City of Brunswick; and, WHEREAS, there is great need for air transport between the capital city of Georgia and the port of Brunswick, with its many war activities and military installations; and, WHEREAS, one of the leading resort centers of the world is located on Sea Island, immediately adjacent to the said City of Brunswick and the travel to and from such resort will use any space on the airline that is not required in the prosecution of the war effort; and, WHEREAS, at least one air line of national prominence is now anxious, ready and willing to provide such air transport service and can provide the same without the necessity for any additional equipment; NOW, THEREFORE, BE IT RESOLVED BY THE SENATE, that the Civil Aeronautics Board of the United States of America, be urgently requested to grant permission for the inauguration of air transport passenger service between the City of Atlanta and the City of Brunswick in the State of Georgia; provided such service can be instituted without requiring additienal equipment. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the said Civil Aeronautics Board and copies also sent to each United States Senator and Member of Congress from Georgia and that each of them be requested to urge the said Civil Aeronautics Board to authorize the institution of such air transport passenger service. MONDAY, JANUARY 22, 1945 117 The following privilege resolution was read and adopted: By Senator Welsch of the 39th: A RESOLUTION WHEREAS, The Georgia Theatre Company, by and through its president, William K. Jenkins, Esquire, has furnished the respective members of this Senate complimentary passes to the Fox, Paramount, Roxy, and Capitol Theatres, and WHEREAS, the members of the Senate will use these passes in their spare time to relax from their work, and WHEREAS, the members of this Senate do greatly appreciate the kind and favorable consideration, NOW, THEREFORE, BE IT RESOLVED, and it is hereby resolved by this Senate by the adoption of this resolution that the Senate express its appreciation and extend thanks to Mr. William K. Jenkins by having the Secretary of this Senate mail a copy of this resolution to him. The following communication was received from His Excellency, the Governor, through Hon. M. E. Thompson, Executive Secretary, and was read by the Secretary of the Senate: EXECUTIVE DEPARTMENT ATLANTA MR. PRESIDENT AND SENATORS: January 18, 1945. It is my duty to transmit herewith an Executive Communication under seal. In compliance with the provisions of Section 2-2612 of the Georgia Code Annotated, the law requires under the State Constitution, in part: That "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." In every instance the reprieves which were granted by your Governor were done at or by the direction or approval of the State Board of Pardons and Paroles and are as follows : Name of Prisoner Crime Sentence Date of Sentence Date of RepriefJe Pittman, Eugene Murder Death March 30, 1943 4-14-43 Reed, Edmund Murder Death May 6, 1943 6-5-43 Mathis, Tommie Lee Murder Death Sept. 4, 1943 9-16-43 118 Ellison, s. A. Reeves, C. B. Hicks, Willie Andrews, Sylvester Irwin, Isaac Lee, Marvin Baker, Lena Bryant, Willie James, Jessie JOURNAL OF THE SENATE, Murder Murder Rape Rape Murder Rape Murder Murder Murder Death Death Death Death Death Death Death Death Death Aug. 18, 1943 Nov. 5, 1943 March, 1943 June Term, 1942 Dec. 22, 1943 Aug. 3, 1943 Aug. 14, 1944 Feb. 19, 1940 June 21, 1941 Oct. 27, 1944 9-20-43 10-25-43 11-10-43 11-13-43 11-15-43 1-12-44 10-10-44 10-21-44 11-8-44 Hearings were held in the above cases by the State Pardon and Parole Board and commutation was denied in every instance with the exception of the Reeves and James cases. Their death sentences were commuted by the Board to life imprisonment. Respectfully submitted, ea/ac Ellis Arnall, Governor. At the request of the president, Senator Stone of the 15th presented Commander Stanley A. Jones, USN. Senator Gross of the 31st asked unanimous consent that HB 38 be withdrawn from the Committee on Education, read the second time and recommitted: HB 38. By Mr. Price of Clarke and others: A bill to provide that veterans of World War II may attend the public schools of this state without charge and regardless of age; and for other purposes. The consent was granted. Senator Freeman of the 22nd asked unanimous consent that SB 39 be withdrawn from the Committee on State of Republic, read the second time and recommitted: SB 39. By Senator Gross of the 31st: A bill to be entitled an Act to regulate the employment of children and to define hazardous occupations; and for other purposes. The consent was granted. The Senate recessed at 11 :15 a. m. and was called to order by the president at 11 :45. ,., MONDAY, JANUARY 22, 1!145 119 Ron. Lon Sullivan; Lt. Col. Roswell P. Rosengren; Col. P. S. Moses and Lt. Col. Harold Tyler were presented to the Senate by the president. Following a message delivered by Lt. Col. Rosengren, SB 5 was called up for final consideration. Senator Gross of the 21st asked unanimous consent that final vote not be taken on this bill because of the absence of its opponents. The consent was granted. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 120 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Tuesday, January 23, 1945. The Senate met pursuant to adjournment at 10:00 o'clock: this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, 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: l. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading local Senate and House bills for final passage. 6. Putting upon third reading general Senate and House bills. The consent was granted. The president presented to the Senate Mrs. Walker, wife of Senator Walker of the 45th, and Mrs. Norton, wife of Senator Norton of the 33rd. The following bills were introduced, read the first time and referred to committees: SB 67. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of Atlanta by extending the city limits to include parts of land lots (3), Fifty (50), (51), (56), and (57) ; and for other purposes. Referred to Committee on Municipal Governments. SB 68. By Senator Freeman of the 22nd: TUESDAY, JANUARY 23, 1945 121 A bill to be entitled an act to provide that title to real property conveyed to a purchaser or to a lender as security by the heirs of a deceased owner who has been dead two years or more and upon whose estate no proceedings of administration have been instituted, shall be discharged from all claims, debts and rights of creditors of such deceased owner unless such claims have been reported; and for other purposes. Referred to Committee on State of Republic. SB 69. By Senator Freeman of the 22nd: A bill to be entitled an Act to provide for the deposit of $10.00 costs in all divorce cases instituted in this State; and for other purposes. Referred to Committee on General Judiciary No. 2. SB 70. By Senator Freeman of the 22nd: A bill to be entitled an Act to provide that heirs of a deceased owner of real estate may apply for and obtain from the ordinary an order finding that no administration on the estate is necessary; and for other purposes. Referred to Committee on General Judiciary No. 2. SB 71. By Senator Welsch of the 39th: A bill to be entitled an Act to prohibit any person who was a candidate for office at a primary election from being a candidate for the same office at the ensuing general election; and for other purposes. Referred to Committee on Privileges and Elections. SB 72. By Senators Minchew of the 5th and Nix of the 32nd: A bill to be entitled an Act to fix a minimum price for livestock and swine sold in this State; and for other purposes. Referred to Committee on Agriculture. SB 73. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act to provide for the appointment of Fertilizer Inspectors and that the tenure in office shall be at the discretion of the Commissioner of Agriculture; and for other purposes. Referred to Committee on Agriculture. 122 JOURNAL OF THE SENATE, SB 74. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act empowering the Commissioner of Agriculture to assess and collect penalties from the manufacturer or mixer of feed-stuff where it is found deficient; and for other purposes . Referred to Committee on Hygiene and Sanitation. SB 75. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act to provide for the regulation of the packaging, labeling and sale of planting seeds; and for other purposes. Referred to Committee on Agriculture. SB 76. By Senator Edenfield of the 2nd: A bill to be entitled an Act to abolish the City Court of Darien; and for other purposes. Referred to Committee on Counties and County Matters. SB 77. By Senator Caldwell of the 37th: A bill to be entitled an Act to make it the duty of the State Board of Education to adopt rules for the taking of a School Census; and for other purposes. Referred to Committee on Education. 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: HR 26. By Mr. Durden of Dougherty: A resolution convening the General Assembly in a joint session for the purpose of receiving a message from His Excellency, The Governor. TUESDAY, JANUARY 23, 1945 123 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: HR 7. By Mrs. Guerry of Macon: A resolution to authorize the Governor to reconvey a tract of- land to Macon County which was deeded to the State by Macon County. 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: HB 11. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston: A bill to be entitled an Act to amend Code Sections 60-604, and 60-612 of the 1933 Code relating to acknowledgments of Service of petitions and process under the Land Registration Law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes. HB 16. By Messrs. Kennon of Cook, Willoughby of Clinch, Sears of Atkinson, Greer of Lanier and Gaskin of Berrien: 9 bill to be entitled an Act to fix a salary for the official reporter of the Alapaha Judicial Circuit at $2,000.00 per annum for reporting criminal cases; and for other purposes. HB 19. By Mr. Alexander of Chatham: A bill to be entitled an Act to provide for the use of photostatic copies of wills in the taking_ of testimony of out-of-State witnesses in the probate of wills; and for other purposes. HB 25. By Mr. Willis of Irwin: A bill to be entitled an Act to provide for three terms of the Irwin Superior Court; and for other purposes. 124 JOURNAL OF THE SENATE, HB 102. By Mr. Sills of Candler: A bill to be entitled an Act to fix the salary of the Judge and Solicitor of the City Court of Metter; and for other purposes. HR 15. By Messrs. Fortson of Wilkes and Brumby of Cobb: A resolution to permit members of the military, residents of this State, to operate motor vehicles during the time they are on furlough without procuring a driver's license; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: With reference to HR 26--convening the General Assembly in a joint sessionthe Speaker has appointed as a committee of escorts from the House the following: Messrs. Kenimer of Harris, Nicholson of Oconee, Swint of Spalding. Mr. Caldwell of the 37th District, Chairman of the Committee on Education and Public Schools, submitted the following report: Mr. President: Your Committee on Education and Public Schools have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 38. Do Pass by substitute Respectfully submitted, H. W. Caldwell of 37th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 55. Do Pass Respectfully submitted, Moate of 20th district, Chairman. TUESDAY, JANUARY 23, 1945 125 Mr. Smith of the 24th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 23. Do Pass as amended Respectfully submitted, Dixon Smith of 24th district, Chairman. Mr. Freeman of the 22nd 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 resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SR 13. Do Pass Respectfully submitted, Freeman of 22nd district, Chairman. Dr. W. H. Bennett of the 17th District, Chairman of the Committee on Privi" leges and Elections, submitted the following report: Mr. President: Your Committee on Privileges and Elections have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 30. Do Pass Respectfully submitted, W. H. Bennett of 17th district, Chairman. Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. President: Your Committee on Veterans Affairs have had under consideration the follow- 126 JOURNAL OF THE SENATE, ing bill of the Senate and have instructed me as Chairman. to report the sam!' back to the Senate with the following recommendation: SB 38. Do Pass Respectfully submitted, Guy Stone of 15th district, Chairman. The following resolution was read and adopted: HR 26. By Mr. Durden of Dougherty: A resolution convening the General Assembly in JO!Ot session for the purpose of receiving a message from Hi's Excellency, The Governor. The president appointed as a committee of escort on the part of the Senate the following senators: Senator Cook of the 42nd and Senator Moore of the 38th. Senator Millican of the 52nd moved that when the joint session of the House and Senate dissolve today, the Senate stand adjourned until 10 o'clock tomorrow morning. The motion prevailed. The following bills and resolutions of the House were read the first time and referred to committees: HB 11. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston: A bill to be entitled an Act to amend Code Sections 60-604, and 60-612 of the 1933 Code relating to acknowledgments of Service of petitions and process under the Land Registration Law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 16. By Messrs. Kennon of Cook, Willoughby of Clinch, Sears of Atkinson, Greer of Lanier and Gaskin of Berrien: A bill to be entitled an Act to fix a salary for the official reporter of the Alapaha Judicial Circuit at $2,000.00 per annum for reporting criminal cases; and for other purposes. Referred to Committ~e on General Judiciary No. 2. TUESDAY, JANUARY 23, 1945 127 HB 19. By Mr. Alexander of Chatham: A bill to be entitled an Act to provide for the use of photostatic copies of wills in the taking of testimony of out-of-State witnesses in the probate of wills; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 25. By Mr. Willis of Irvin: A bill to be entitled an Act to provide for three terms of the Irvin Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 102. By Mr. Sills of Candler: A bill to be entitled an Act to fix the salary of the Judge and Solicitor of the City Court of Metter; and for other purposes. Referred to Committee on Counties and County Matters. HR 15. By Messrs. Fortson of Wilkes and Brumby of Cobb: A resolution to permit members of the military, residents of this State, to operate motor vehicles during the time they are on furlough without procuring a driver's license; and for other purposes. Referred to Committee on State of Republic. HR 7. By Mrs. Guerry of Macon: A resolution to authorize the Governor to reconvey a tract of land to Macon county which was deeded to the State by Macon county. Referred to Committee on Public Property. Senator Freeman of the 22nd moved that further debate on SB 5 be deferred until after the dissolution of the joint session of the House and Senate, and the motion was out of order. Senator Grayson of the 1st, president pro-tempore, introduced former Senator Judge David S. Atkinson, who presented the following Chatham County officials: Judge John J. Bouhan, Hon. John L. Campbell, Hon. Robert F. Downing, Hon. L. C. Burns and Hon. Ferry Wheeler. The president introduced Hon. W. E. Huey, School Commissioner of Clayton County; and Mrs. Holsenbeck, wife of Senator of the 27th. 128 JOURNAL OF THE SENATE, The following bills and resolutions of the Senate favorably reported by the committees, were read the second time: SB 38. By Senators Gould of the 4th, Stone of the 15th, Drake of the 8th, and Gross of the 31st: A bill to be entitled an Act to create a War Veterans Memorial Build Commission; to provide the powers and duties of such Commission; and for other purposes. SB 55. By Senator Yawn of the 48th: A bill to be entitled an Act to provide that the Certified Public Accountant employed to audit the books of Dodge County shall be selected by the Judge of the Superior Court; and for other purposes. SB 30. By Senator Sabados of the lOth: A bill to be entitled an Act to provide that no general, special or primary election shall be called on a legal holiday; and for other purposes. SB 23. By Senators Wellborn of the 40th, Grayson of the 1st, Norton of the 33rd and Stone of the 15th: A bill to be entitled an Act to provide an equitable distribution between the State and local governments of payments received from the Tennessee Valley Authority in lieu of taxes; and for other purposes. SR 13. By Senator Hawes of the 30th and others: A resolution inviting J. Knox Gholston, a member of the State Highway Board, to address a joint session of the General Assembly, on reorganization of the Highway Department; and for other pur.:-oses. The president recognized in the gallery the wife and daughter of former Senator Elbert Forester; Mrs J. M. C. Townsend and sons; Hon. C. G. Quesenberry and the wife of Senator Stone of the 15th. Senator Shedd of the 3rd, asked unanimous consent that SB 28 be withdrawn from the committee on Public Welfare, read the second time and recommitted. SB 28. By Senator Shedd of the 3rd: A bill to be entitled an Act to require the State Merit Council to remove from office any county welfare director who has falsified her application for examination in any particular; and for other purposes. The consent was granted. TUESDAY, JANUARY 23, 1945 129 The following bills of the Senate were read the third time and put upon their passage: SB 14. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th, and Freeman of the 22nd: A bill to be entitled an Act to provide that the Secretary of State shall file with the Clerks of the Superior Court of this state certified copies of all general laws within ten days after approval; and for other purposes. The committee on General Judiciary No. 1 offered the following amendment: Amend Senate Bill No. 14, Section 1, line 2, by striking the word "ten" and inserting in lieu thereof the word "thirty". 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to authorize the Superior Courts of this state to render Declaratory Judgments; to declare the effect thereof; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to~ On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. The following House bills and resolutions were read the third time and put upon their passage : HB 59. By Messrs. Brock: and Alexander of Carroll: A bill to provide for a Chairman of the Commissioner of Roads and Revenues of Carroll County instead of an Executive Director, and to define his duties; to provide for a Clerk: of the Board of Commissioners; and for other purposes. 130 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constiqitional majority, was passed. HB 50. By Mr. Hogg of Marion: A bill to fix the salary of the Tax Commissioner of Marion County at $1,500.00 per year; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 29. By Mr. Moye of Randolph: A bill to amend the charter of the City of Cuthbert by providing that the Mayor and Aldermen shall be eligible to succeed themselves in office; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 31. By Mr. Matthews of Peach: A bill to fix the salary of the Treasurer of Peach 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 37. By Messrs. Williams and Hinson of Ware: A bill to create a pension fund for employees of the City of Waycross; and for other purposes. TUESDAY, JANUARY 23, 1945 131 The report 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 17. By Mr. Alexander of Chatham and others: A bill creating the County Commissioners of Chatham county by providing a salary of $2,000.00 per year for the Chairman of the County Commissioners; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 49. By Mr. Hollis of Chattahoochee: A bill to provide pay to the members of the Board of Commissioners of Roads and Revenues 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 20. By Mr. Almand of Walton: A bill to amend the act creating the Board of Commissioners of Roads and Revenues of Walton county by increasing their 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 15. By Mr. Sills of Candler: A bill to amend an act approved August 20, 1925 (Ga; Laws 1925), pages 584-586, creating the office of Tax Commissioner of Candler county, by ' 132 JOURNAL OF THE SENATE, changing the compensation by allowing fees allowed by law for Tax Receivers; and for other purposes. The report 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 14. By Mr. Sills of Candler: A bill to provide for compensation to the sheriff of Candler county in addition to fees in the sum of $100.00 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 7. By Mr. Twitty of Mitchell and others: A bill to amend an Act to create a new charter for the City of Camilla; and for other purposes. The report 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 13. By Messrs. Battles and Miller of Decatur: A bill to fix the salaries of the Solicitor and Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes. The report 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 38. By Mr. Price of Clarke, and others: A bill to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes. TUESDAY, JANUARY 23, 1945 133 The Committee on Education offered the following substitute: Substitute for HB 38: A BILL-To Be Entitled An Act to amend Section 32-937 of the Civil Code of 1933, revising the school laws of the State, by adding a new proviso that veterans of World War II may be admitted to the public schools of this State without charge, and regardless of age; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME: Section 1. Section 32-937 of the Civil Code of 1933 is hereby amended by adding a new sentence following the first sentence thereof as follows, to wit: "It is provided, however, that veterans who served in World War II and who were discharged from such service under conditions other than dishonorable, may attend such schools without charge and regardless of age", so that such section, as amended, shall read as follows: "Section 32-937. Free tuition; colored and white children separate.-Admission to all common schools shall be gratuitous to all children between the ages of six and eighteen years residing in the sub-districts in which the schools are located. It is provided, however, that veterans who served in Jf7 orld War II and who were discharged from such service under conditions other than dishonorable, may attend such schools without charge and regardless of age. Colored and white children shall not attend the same school; and no teacher receiving or teaching white and colored pupils in the same school shall be allowed any compensation at all out of the common school fund." Section 2. Be it further enacted that all laws and parts of laws in conflict 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 by substitute, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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 His Excellency, The Governor, was called to order by the president. The secretary read the resolution convening the joint session. The president presented to the General Assembly, His Excellency, The Governor. After the address by His Excellency, The Governor, the joint session was dissolved and under a previous adopted resolution, the Senate stood adjourned until 10 o'clock tomorrow morning. 134 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Wednesday, January 24, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. The Scripture was read by Sam Harrell, young son of Senator Harrell of the 7th. Prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th 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: l. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading local Senate and House bills for passage. 6. Putting upon third reading general Senate and House bills for passage. The consent was granted. The president presented to the Senate Dr. E. G. Kilpatrick, pastor of Baptist Tabernacle of Carrollton, Georgia. The following message was received from the House through Mr. l\icCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 75. By Mr. Sills of Candler: A bill to be entitled an Act to fix the salary of the Mayor and Councilmen of the City of Metter; and for other purposes. WEDNESDAY, JANUARY 24, 1945 135 HB 78. By Mr. Barwick of. Grady: A bill to be entitled an Act to amend the charter of the City of Cario to provide a City Manager form of government; and for other purposes. HB 109. By Messrs. Hubert, Broome and McCurdy of DeKalb: A bill to be entitled an Act to amend the charter of the City of Decatur by fixing the date for the election of members of the Board of Tax Assessors; and for other purposes. HB 118. By Mr. Seagraves of Madison: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioner of Roads and Revenues, and of the Commissioner of Madison county; and for other purposes. HB 158. By Mr. Ray of Warren: A bill to be entitled an Act to amend the charter of the City of Norwood relating to the election of Mayor and Councilmen; and for other purposes. HB 160. By Mr. Almand of Walton: A bill to be entitled an Act to amend the charter of the City of Social Circle by increasing the tax levy for school purposes; and for other purposes. The following bills were introduced, read the first time, and referred to committees: SB 78. By Senators Grayson of the lst, Drake of the 8th, Stone of the 15th,' Greene of the 21st, Minchew of the 5th, Hodges of the 26th, Holsenbeck of the 27th, Rainey of the lith, Harrell of the 7th and Freeman of the 22nd: A bill entitled to be an Act to fix the salary of the Adjutant General of Georgia at $6,000 per annum; and for other purposes. Referred to Committee on Military Affairs. SB 79. By Senator Drake of the 8th: A bill to be entitled an Act to provide for new' registration books for the voters of Seminole County and to provide all persons must re-register before January l, 1946; and for other purposes. Referred to Committee on Counties and County Matters. SB 80. By Senator Drake of the !fth: A bill to bei entitled an Act to. authorize citizens of Seminole County to fish 136 JOURNAL OF THE SENATE, in Spring Creek without being required to obtain a license; and for other purposes. Referred to Committee on Counties and County Matters. SB 81. By Senator Drake of the 8th: A bill to be entitled an Act to provide five trustees for the Spring Creek consolidated School District of Seminole County; and for other purposes. Referred to Committee on Counties and County Matters. SB 82. By Senator Slaughter of the 50th: A bill to \I.e entitled an Act to fix the speed limit of motor vehicles at 40 miles an hour during the period of the war and for twelve months thereafter; and for other purposes. Referred to Committee on Motor Vehicles. SB 83. By Senator Moate of the 20th: A bill to be entitled an Act to repeal Code Section 40-205 which authorizes the Governor to suspend the collection of taxes; and for other purposes. Referred. to Committee on State of Republic. SB 84. By Senators Stone of the 15th, Grayson of the 1st, Millican of the 52nd, Norton of the 33rd, Greene of the 21st, Causey of the 46th, Drake of the 8th, Rainey of the 11th, Gould of the 4th, Cook of the 42nd, Minchew of the 5th, Freeman of the 22nd, Smith of the 24th, Mavity of the 44th and Moate of the 20th: A bill to be entitled an Act to create an integrated State Department of Veterans Service; to provide for the employment of members thereof and for a Director of the Department; and for other purposes. Referred to Committee on Veterans Affairs. SB 85. By Senator Wellborn of the 40th: A bill to be entitled an Act to amend Code Section 34-103 by substituting the figur~s 18 for the figures 21 and to require electors to state his political part}. affiliation; and for other purposes. Referred to Committee on Privileges and Elections. The following resolution was read and adopted: SR 15. By Senators Baggett of the 51st, Gould of the 4th and Edenfield of the 2nd: WEDNESDAY, JANUARY 24, 1945 137 A RESOLUTION WHEREAS, on the 23rd day of January, 1945, His Excellency, the Governor of Georgia, Honorable Ellis Arnall, did deliver to the joint session of the General Assembly a frank, forceful, forthright and statesmanlike message for the welfare of all the people of Georgia. BE IT RESOLVED, that the State Senate of Georgia does highly commend His Excellency, the Governor of Georgia, Honorable Ellis Arnall, for the frank, forceful, forthright and statesmanlike message delivered to said joint session of the General Assembly. The following privilege resolution by Senators Daves of the 14th, Bennett of the 17th, and Baggett of the 51st was read and adopted: A RESOLUTION WHEREAS, there is plenty of heat being turned on about the State Capitol, and WHEREAS, some members of the Senate have all the heat they can stand now, and BE IT RESOLVED, that the doorkeeper and messenger be instructed to leave off the heat on the northeast corner of the Senate Chamber so that we can be comfortably seated and not be disturbed by heat to our backs. All conflicting laws and regulations are whereby repealed through the resolution. Mr. Nix of the 32nd District, Chairman of the Committee ori 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 13 SB 14 SR 13 SB 55 Respectfully submitted, Nix of 32nd District, Chairman. 138 JOURNAL OF THE SENATE, Mr. Turner of the 34th District,. Chairman of the Committee on Mudicipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 65. Do Pass SB 61. Do Pass SB 45. Do pass SB 62. Do Pass SB 47. Do Pass SB 48. Do Pass SB 46. Do Pass SB 49. Do Pass SB 67. Do Pass SB 58. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 42. Do Pass Respectfully submitted, Turner of 34th district, Chairman. The following bills of the Senate, favorably reported by the committees, were read the secQnd time: WEDNESDAY, JANUARY 24, 1945 139 SB 65. By Senator Mavity of the 44th: A bill to amend the charter of the City of Chickamauga to increase the school tax from one to two per cent; and for other purposes. SB 61. By Senator Mavity of the 44th: A bill to amend the charter of the City of LaFayette by extending the city limits; and for other purposes. SB 45. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to amend charter of the City of Savannah so as to provide for a Mayor's Pension; and for other purposes. SB 67. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of Atlanta by extending the city limits to include parts of land lots (3), Fifty (50), (51 ) , (56), and (57) ; and for other purposes. SB 58. By Senator McGinty of the 43rd: A bill to amend the charter of the City of Calhoun to define and establish the territorial limits of the city; and for other purposes. SB 46. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an Act to provide that the mayor and aldermen of the City of Savannah shall have the right to close any part or all of Duffy Street Lane, and Henry Street Lane; and for other purposes. SB 47. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to amend the charter of the City of Savannah to provide by ordinance for a Savannah Airport Commission to administer, maintain and operate municipally owned airports; and for other purposes. SB 48. By Senators Grayson of the 1st and Gross of the 31st: A bill to be entitled an act to amend the charter of the City of Savannah authorizing the Mayor and Aldermen to create an Industrial and Domestic Water Supply Commission; and for other purposes. SB 49. By Senator Grayson of the 1st: A bill to be entitled an act to amend the charter of the City of Savannah to increase the salary or compensation of the members of the Board of Aldermen; and for other purposes. 140 JOURNAL OF THE SENATE, The following bills and resolutions of the Senate were read the third time and put upon their passage: SB 55. By Senator Yawn of the 48th: A bill to be entitled an act to provide that the Certified Public Accountant employed to audit the books of Dodge County shall be selected by the Judge of the Superior Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 13. By Senator Hawes of the 30th and others: A resolution inviting Hon. J. Knox Gholston, a member of the State Highway Board, to address a joint session of the General Assembly on Reorganization of the Highway Department; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On adoption of the resolution, the ayes were 32, nays 0. 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 resolution of the House and Senate to wit: HB 33. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend an "Act of the General Assembly of Georgia, approved Jan. 28th, 1938," so as to further provide for the reviver of charters; and for other purposes. HB 47. By Dr. Moye of Brooks: A bill to be entitled an Act to provide that voters in Brooks county living within municipality maintaining an independent school system shall not be eligible to vote for County School Superintendents; and for other purposes. WEDNESDAY, JANUARY 24, 1945 141 HR 27. By Messrs. Smith of Bryan, Watford of Long, Glisson of Evans, Oliver of Tattnall, Smiley of Liberty and Williams of Toombs: A resolution for the repurchase of Camp Stewart land site, requesting the Government to permit former owners to repurchase same. SB 1. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th and Grayson of the 1st: A bill to be entitled an Act to amend Section 40-1801 of the Code of Georgia of 1933 as amended by Acts 1943, page 361, relating to the creation of the Department of Audits and Accounts; and for other purposes. The following officials of Albany, Georgia, were presented to the Senate by the president: Hono~able D. C. Campbell, Sr., Sheriff of Dougherty County; Hon. J. R. Stokes, Deputy Sheriff of Dougherty County; and Hon. Jim Moore, Chief of Police, Albany, Georgia. The president recognized in the gallery the Seventh Grade of Hooper Alexander School of DeKalb County and the Seventh Grade of Smyrna, Georgia, with their teacher, Mrs. Hiatt. Ensign Frank Branch, son of Senator Branch of the 47th; his aunt, Mrs. Swindle, and son, Tommy Swindle, were introduced to the Senate by the president: By unanimous consent SB 42 was withdrawn from the Committee on Municipal Government, read the second time and recommitted: SB 42. By Senator Brown of the 6th: A bill to be entitled an act to amend the charter of the City of Nashville to provide for zoning ordinances; and for other purposes. By unanimous consent HB 103 was withdrawn from the committee on Counties and County Matters, read the second time and recommitted: HB 103. By Senator Cloud of the 19th: A bill to be entitled an Act to amend the charter of the City of Crawfordville, to provide a water works Superintendent; to provide for a city treasurer; to fix the salary of the Marshal and night watchman and to provide for a Clerk of city council; and for other purposes. The following bill, carried over as unfinished business from yesterday's session, was taken up for consideration: SB 5. By Senators Gross of the 31st and McGinty of the 43rd: A bill to be entitled an Act to repeal in its entirety Section 92-108 of the 142 JOURNAL OF THE SENATE, code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes; and for other purposes. Senator Harrell of the 7th moved the previous question and the motion prevailed. A roll call was ordered and was as follows: Those voting in the affirmative were Senators: Baggett Bennett Branch Brown Causey Chastain Cloud Daves Drake Edenfield Edwards Freeman Gould Harrell of 7th Hodges Holsenbeck Mavity McGinty Moore Nix Norton Peebles Riley Shedd Slaughter Stone Walker Wall Welsch Wellborn Yawn Those voting in the negative were Senators: Bentley Caldwell Cook Deal Drinkard Gillis Grayson Greene Harrell of 12th Hawes Hill Millican Minchew Moate Rainey Sabados Smith Turner of 34th Turner of 35th Not voting was Senator Battle of the 13th. The report 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 19. The bill, having received the requisite constitutional majority, was passed. Senator Harrell of the 7th moved that the bill be immediately transmitted to the House. Senator Millican of the 52nd moved that a roll call be ordered on the transmission of the hill. WEDNESDAY, JANUARY 24, 1945 143 Those voting in the affirmative were Senators: Baggett Branch Brown Causey Chastain Cloud Daves Drake Edenfield Freeman Gould Harrell of 7th Hodges Holsenbeck Mavity McGinty Peebles Riley Slaughter Walker Wall Welsch Yawn Those voting in the negative were Senators: Bennett Bentley Caldwell Cook Deal Drinkard Edwards Gillis Grayson Greene Harrell of 12th Hawes Hill Millican Minche~Moate Moore Nix Norton Rainey Sabados Shedd Smith Stone Turner of 34th Turner of 35th Wellborn Not voting was Senator Battle of the 13th. On the motion to immediately transmit SB 5 to the House, the ayes were 23. nays 27. The motion was lost. Senator Harrell of the 7th moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 144 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Thursday, January 25, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. The Scripture was read and prayer was offered by Mr. Perry Griffin, doorkeeper. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting upon third reading local Senate and House bills for final passage. 6. Putting upon third reading general Senate and House bills for final passage. The consent was granted. The president presented to the Senate Mr. John Crouch, Publisher of the Albany Herald, Albany, Georgia. The following bills were read the first time and referred to committees: S.B 86. By Senators Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to provide for the appointment and removal of all assistant Attorneys General by the Attorney General instead of the Governor; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 87. By Senator Millican of the 52nd: A bill to be entitled An Act to amend the Act creating a Pension System for employees of Fulton County; and for other purposes. Referred to Committee on Counties and County Matters. THURSDAY, JANUARY 25, 1945 145 SB 88. By Senator Millican of the 52nd: A bill to be entitled an Act to provide that the Attorney General shall appoint six Assistant Attorneys General; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 89. By Senator Gross of the 31st: A bill to be entitled an Act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the State; 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 by the reqmstte constitutional majority the following bills and resolution of the House to wit: HB 58. By Mr. Seagraves of Madison: A bill to be entitled an Act to amend the charter of the City of Comer to provide that Mayor and Council shall have authority to regulate the streets for business purposes; and for other purposes. HB 153. B,y Mr. Moye of Randolph: A bill to be entitled an Act to amend the charter of the City of Cuthbert to provide for zoning ordinances; and for other purposes. HB 157. By Mr. Brooke of Whitfield: A bill to be entitled an Act to amend the charter of the City of Dalton to provide for a Civil Service Commission for City employees and for a Retirement Fund; and for other purposes. HB 168. By Messrs. Lane and Livingston of Polk: A bill to be entitled an Act to amend the charter of the City of Cedartown by providing for zoning ordinances; and for other purposes. HR 10. By Messrs. Gowen and Gilbert of Glynn: To provide for the payment of expenses to Superior Court Judges; and for other purposes. 146 JOURNAL 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 bills of the House to wit: HB 8. By Messrs. Harris of Richmond, Durden of Dougherty, Sapp of Dougherty and others: A bill to be entitled an Act fixing the salary of the Deputy Clerk of the Court of Appeals; and for other purposes. HB 12. By Messrs. Bloodworth and Wilson of Bibb and Bloodworth of Houston: A bill to be entitled an Act to amend an Act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq) as amended by an Act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421) by adding a provision that the adopting parents of a child adopted prior to said Act of 1941 may obtain a birth certificate for such adopted child in the same manner as provided in said Act and the Act amendatory thereof; and for other purposes. 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 Senate to wit: SB 2. By Senators Millican of 52nd, Gross of 31st, Harrell of 7th and Freeman of 22nd: A bill to be entitled an Act to amend an Act entitled an Act to create a Department of Public Safety for Georgia, etc., approved March 19, 1937, (Georgia Laws 1937, pages 322-355) so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper of the niform Division of the Department of Public Safety, etc.; and for other purposes. 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 Senate to wit: THURSDAY, JANUARY 25, 1945 147 SB 3: By Senators Millican of the 52nd, Gross. of the 31st, Grayson of the 1st and Causey of the 46th: A bill to be entitled an act to authorize and empower the State of Georgia acting by and through the Governor, the State Auditor and the Attorney General and with unanimous consent of said officials to take or damage by condemnation private property for public purposes of the State of Georgia upon paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers of condemnation severally given to the State Highway Board of Georgia and the Regents; and for other purposes. The following message was received from the House through Mr. ~1cCutchen, the Clerk thereof: Mr. President: The House has passed by substitute by the requisite constitutional majority the following bill of the Senate to wit: SB 6. By Senators Millican of the 52nd, Sabados of the lOth, Smith of the 24th, Grayson of the 1st and Gross of the 31st: A bill to amend the Act approved February 16th, 1943, entitled "An Act to declare certain days as religious holidays" by providing that the fourth Thursday in November known as Thanksgiving Day, be a public and legal holiday in the State of Georgia; and for other purposes. The following House bills and resolutions were read the first time, and referred to committees: HB 33. By Messrs. Weaver and Bloodworth of Bibb: A bill to amend an Act of the General Assembly approved January 28, 1938 (Georgia Laws 1937-8, pp. 214 et seq.) so as to provide for the reviver of charters; and for other purposes. Referred to Committee on State of Republic. HB 47. By Dr. Moye of Brooks: A bill to provide that voters in Brooks County living within municipality maintaining an independent school system shall not be eligible to vote for County School Superintendents; and for other purposes. Referred to Committee on Education. HB 75. By Mr. Sills of Candler: 148 JOURNAL OF THE SENATE, A bill to fix the salary of th,e Mayor and Councilmen of the Citv of Metter, and for other purposes. Referred to Committee on Municipal Government. HB 78. By Mr. Barwick of Grady: A bill to amend the charter of the City of Cairo to provide a City Manager Form of Government, and for other purposes. Referred to Committee on Municipal Government. HB 160. By Mr. Almand of Walton: A bill to amend the charter of the City of Social Circle by increasing the tax levy for school purposes; and for other purposes. Referred to Committee on Municipal Government. HB 158. By Mr. Ray of Warren: A bill to amend the charter of the City of Norwood relating to the election of Mayor and Councilmen; and for other purposes. Referred to Committee on Municipal Government. HB 118. By Mr. Seagraves of Madison: A bill to fix the salary of the Clerk of the Commissioner of Roads and Revenues and of the Commissioner of Madison County; and for other purposes. Referred to Committee on Counties and County Matters. HB 109. By Mr. Hubert of DeKalb and others: A bill to amend the charter of the City of Decatur by fixing the date for the election of members of the Board of Tax Assessors; and for other purposes. Referred to Committee on Municipal Government. HB 58. By Mr. Seagraves of Madison: A bill to amend the charter of the City of Comer to provide that Mayo. and Council shall have authority to regulate the streets for business pur poses; and for other purposes. Referred to Committee on Municipal Government. HB 168. By Mr. Lane of Polk and others: THURSDAY, JANUARY 25, 1945 149 A bill to amend the charter of the City of Cedartown by providing for zoning ordinances; and for other purposes. Referred to Committee on Municipal Government. HB 153. By Mr. Moye of Randolph: A bill to amend the charter of the City of Cuthbert to provide for zoning ordinances; and for other purposes. Referred to Committee on Municipal Government. HB 157. By Mr. Brooke of Whitfield: A bill to amend the charter of the City of Dalton to provide for a Civil Service Commission for City Employees; and for other purposes. Referred to Committee on Municipal Government. HB 8. By Mr. Durden of Dough'!rty and others: A bill fixing the salary of the Deputy Clerk of the Court of Appeals; and for other purposes. Referred to Committee on General Judiciary No. 1. HB 12~ By Mr. Weaver of Houston and others: A bill to amend the Act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq.) as amended by Act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421) by providing the adopting parents of a child adopted prior to said Act of 1941 may obtain birth certificate for such child in the same manner as provided in the Act; and for other purposes. Referred to Committee on State of Republic. HB 10. By Messrs. Gowen and Gilbert of Glynn: A resolution providing for the payment of travel expenses to Superior Court Judges ; and for other purposes. Referred to Committee on General Judiciary No. 1. HR 27. By Mr. Smith of Bryan and others: A resolution requesting the Government to permit former o.wners to repurchase Camp Stewart land site. Referred to Committee on Public Property. 150 JOURNAL OF THE SENATE, Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SB 5 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Moate of the 20th 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 ~arne back to the Senate with the following recommendations: H B 25. Do Pass HB 76. Do Pass HB 98. Do Pass HB 99. Do Pass HB 102. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Minchew of the 5th District, Chairman of the Committee on Public Welfare, submitted the following report: Mr. President: Your committee on Public Welfare have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 51. Do Pass Respectfully submitted, A. T. Minchew of 5th district, Chairman. THURSDAY, JANUARY 25, 1945 151 Mr. W. M. Holsenbeck of the 27th District, Chairman of the Corr:mittee 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 52. Do Not Pass SB 72. Do Pass SB 73. Do Pass. SB 75. Do Pass Respectfully submitted, W. M. Holsenbeck of 27th district, Chairman. Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. President: Your Committee on Veterans Affairs have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 84. Do Pass Respectfully submitted, Guy 0. Stone of 15th district, Chairman. Mr. Drinkard of the 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 1 Respectfully submitted, Drinkard of 29th district, Chairman. !52 JOURNAL OF THE SENATE, The following bills of the Senate and House, favorably reported by the committee, were read the second time: SB 84. By Senators Stone of the 15th, Grayson of the 1st, Millican of the 52nd and others: A bill to be entitled an Act to create an integrated State Department of Veterans Service; to provide for the employment of members thereof and for a Director of the Department; and for other purposes. SB 72. By Senators Minchew of the 5th and Nix of the 32nd: A bill to be entitled an Act to fix a minimum price for livestock and swine sold in this State; and for other purposes. SB 73. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd and others: A bill to be entitled an Act to provide for the appointment of Fertilizer Inspectors and that the tenure in office shall be at discretion of the Commissioner of Agriculture; and for other purposes. SB 75. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd and others: A bill to be entitled an Act to provide for the regulation of the packaging, labeling and sale of planting seed; and for other purposes. SB 51. By Senators Gross of the 31st and Minchew of the 5th: A bill to be entitled an act authorizing the State Department of Public Welfare to accept and disburse Federal grant-in-aid Funds to the fullest extent; authorizing the Department to comply with all requirements prescribed by Congress for this purpose; and for other purposes. HB 25. By Mr. Willis of Irwin: A bill to provide for three terms of the Irwin Superior Court; and for other purposes. HB 76. By Mr. Oden of Pierce: A bill to fix the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes. HB 98. By Mr. Key of Jasper: A bill to fix the date for the monthly meeting of the Commissioners of Roads and Revenues for Jasper County; and for other purposes. THURSDAY, JANUARY 25, 1945 153 HB 99. By Mr. Mason of Morgan: A bill to fix the salary of the Clerk of the Commissioners of Roads and Revenues for Morgan County, and for other purposes: HB 102. By ;Mr. Sills of Candler: A bill to fix the salary of the Judge and Solicitor of the city court of Metter; and for other purposes. The following bills of the Senate were read the third time and put upon their passage: SB 42. By Senator Brown of the 6th: A bill to be entitled an act to amend the charter of the City of Nashville to provide for zoning ordinances; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 45 By Senators Grayson of the lst and Gross of the 31st: A bill to be entitled an Act to amend charter of the City of Savannah, so as to provide for a Mayor's Pension; and for other purposes. The report 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 46. By Senators Grayson of the lst and Goss of the 31st: A bill to be entitled an act to provide that the mayor and aldermen of the City of Savannah shall have the right to close any part or all of Duffy Street Lane and Henry Street Lane; and for other purposes. The report 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. 154 JOURNAL OF THE SENATE, SB 47. By Senators Grayson of the lst and Gross of the 31st: A bill to be entitled an act to amend the charter of the City of Savannah to provide by ordinance for a Savannah Airport commission to administer, maintain and operate municipally owned airports; and for other purposes. The report of the committee, which was favorable to the passoage 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 48. By Senators Grayson of the lst and Gross of the 31st: A bill to be entitled an Act to amend the Charter of the City of Savannah authorizing The Mayor and Aldermen to create an Industrial.and Domes- tic Water Supply 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 49. By Senator Grayson of the lst: A bill to be entitled an Act to amend the charter of the City of Savannah to increase the salary or compensation of the members of 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 58. By Senator McGinty of the 43rd: A bill to be entitled an Act to amend the charter of the City of Calhoun to define and establish the territorial limits 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, JANUARY 25, 1945 155 SB 61. By Senator Mavity of the 44th: A bill to be entitled an act to amend the charter of the City of LaFayette by extending the city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 62. By Senator Millican of the 52nd: A bill to be entitled an act to amend the charter of the City of Atlanta to provide that the Mayor and Council can sell to Atlanta Post No. 1 of the American Legion the land on which the American Legion Home now stands in Piedmont Park; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 65. By Senator Mavity of the 44th: A bill to be entitled an Act to amend the charter of the city of Chickamauga, to increase the school tax from one to two per cent; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 67. By Senator Millican of the 52nd: A bill to be entitled an act to amend the charter of the City of Atlanta by extending the city limits to include parts of land lots ( 3), fifty (50), (51), (56), and (57) ; and for other purposes. The report 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. 156 JOURNAL OF THE SENATE, The following general bill of the Senate was taken up for consideration: SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an act to provide that Justices of the Supreme Court shall be authorized to make and adopt rules relating to examinations for admission to the Bar 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 30, nays 5. The bill, having received the requisite constitutional majority, was passed. Senator Harrell of the 12th moved that the Senate reconsider its action in pass- ing SB 5 on yesterday. SB 5. By Senators Gross of the 31st and McGinty of the 43rd: A bill to be entitled an Act to repeal in its entirety Section 92-108 of the code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes; and for other purposes. On the motion to reconsider SB 5, Senator Causey of the 46th moved that a roll be called, and the motion prevailed. The roll call was as follows: Those voting in the affirmative were Senators: Bentley Caldwell Drinkard Grayson Harrell of 12th Millican Moate Sabados Smith Turner of 34th Turner of 35th Those voting in the negative were Senators: Baggett Branch Brown Causey Chastain Cloud Cook Deal Drake Edenfield Edwards Freeman Gillis Gould Greene Harrell of 7th Hawes Hodges Holsenbeck Mavity McGinty Minchew Moore Nix Norton Peebles Rainey Shedd Slaughter Stone Walker Wall Welsch Wellborn Yawn THURSDAY, JANUARY 25, 1945 157 Not voting were Senators Battle of the 13th, Bennett of the 17th, Daves of the 14th, Hill of the 36th, Riley of the 23rd. By unanimous consent, the verification of the roll call was dispensed with. The motion failing to receive the requisite constitutional majority, was lost. Senator Harrell of the 7th asked unanimous consent that SB 5 be immediately transmitted to the House. The consent was granted. The following bill of the Senate was taken up for the consideration of an amendment offered by the House: SB 3. By Senators Millican of the 52nd, Gross of the 31st, Grayson of the 1st and Causey of the 46th: A bill to be entitled an act to authorize the State of Georgia acting by and through the Governor, the State Auditor and the Attorney General to take or damage by condemnation private property for public purposes of the State; and for other purposes. The House offered the following amendment: Amend SB 3 by inserting in line four (4) of Section one ( 1) and between the words "upon and paying" the following word "first", so that said fourth and fifth line shall read as follows: "private property for public purposes of the State of Georgia upon first paying or tendering to the owner thereof just compensation". On motion to adopt the amendment the. ayes were 33, nays 0, and the amendment was adopted. A privilege resolution by Senator Slaughter of the 50th extending to Senator Rainey of the 11th good wishes for a happy birthday was read and adopted. A sealed communication was received from His Excellency, the Governor, through Honorable M. E. Thompson, executive secretary. Senator Millican of the 52nd 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 12:03 o'clock. J58 JOURNAL OF THE SENATE, The following communication was dispatched to His Excellency, the Governor, through Mrs. Henry W. Nevin, secretary of the Senate: January 25, 1945. Honorable Ellis Arnall, Governor, State of Georgia, 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 appointment of Hon. W. B. Horton, of the county of Floyd, to be a Member of the State Board of Barber and Hairdresser Examiners, for a term beginning May 13, 1943, and expiring November 9, 1945. The vote on this confirmation was 46 to 0. The appointment of Mrs. Marie McNinch, of the county of Fulton, to be a Member of the State Board of Barber and Hairdresser Examiners, for a term beginning June 18, 1943, and expiring November 9, 1943, and a term beginning November 9, 1943, and expiring November 9, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. F. D. Puckett, of the county of Terrell, to be a Member of the State Board of Barber and Hairdresser Examiners, for a term beginning June 18, 1943, and expiring November 9, 1943, and a term begi'rming November 9, 1943, and expiring NovembeF 9, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. C. L. Funderburke, of the county of Talbot, to be a l'Hember of the State Board of Barber and Hairdresser Examiners, for a term beginning November 19, 1943, and expiring November 9, 1944, and a term beginning November 9, 1944, and expiring November 9, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. R. V. Flournoy, of the county of Coweta, to be a Member of the State Board of Barber and Hairdresser Examiners, for a term beginning February 9, 1944, and expiring November 9, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. W. Bruce Donaldson, Jr., of the county of Tift, to be a Member of the Georgia State Board of Embalming, for a term beginning De- THURSDAY, JANUARY 25, 1945 159 cember 16, 1943, and expiring December 16, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. E. L. Almand, Jr., of the county of Walton, to be a Member of the Georgia State Board of Embalming, for a term beginning December 16, 1943, and expiring December 16, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. J. D. Wallis, of the county of Walker, to be a Member of the Georgia State Board of Embalming, for a term beginning December 16, 1943, and expiring December 16, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. Cordie H. Adams, of the county of Laurens, to be a Member of the Georgia State Board of Embalming, for a term beginning December 16, 1943, and expiring December 16, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. Guye Haisten, of the county of Spalding, to be a Member of the Georgia State Board of Embalming, for a term beginning December 16, 1943, and expiring December 16, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. W. 0. Mann, Jr., of the county of Rockdale, to be a Member of the Georgia State Board of Embalming, for an unexpired term beginning September 15, 1944, and expiring December 16, 1947, subject to limitations in commission and order of appointment. The vote on this confirmation was 46 to 0. The appointment of Him. Josiah Flournoy, of the county of Muscogee, to be a Member of the Georgia Real Estate Commission, for an unexpired term beginning November 16, 1943, and expiring January I, 1944, and a full term beginning January I, 1944, and expiring January I, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. T. A. Waters, of the county of Chatham, to be a Member of the Georgia Real Estate Commission, for an unexpired term beginning November 16, 1943, and expiring January I, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. John 0. Chiles, of the county of Fulton, to be a Member of the Georgia Real Estate Commission, for an unexpired term beginning November 16, 1943, and expiring January I, 1945, and for a .full term beginning January 1, 1945, and expiring January I, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. T. H. Clark, of the county of Coffee, to be a Member of the State Board"of Medical Examiners, for an unexpired term beginning December 10, 1943, and expiring September I, 1945, and for a full term beginning September I, 1945, and expiring September I, 1949. The vote on this confirmation was 46 to 0. 160 JOURNAL OF THE SENATE, The appointment of Dr. Murdock: Equen, of the county of Fulton, to be a Member of the State Board of Medical Examiners, for an unexpired term beginning December 10, 1943, and expiring September 1, 1946. The vote on this confirmation was 46 to 0. The appointment .of Dr. L. G. Neal, of the county of White, to be a Member of the State Board of Medical Examiners, for a term beginning December 10, 1943, and expiring September 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. Harold McDonald, of the county of Fulton, to be a Member of the State Board of Medical Examiners, for an unexpired term beginning December 10, 1943, and expiring September 1, 1944, and for a full term beginning September 1, 1944, and expiring September 1, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. Steve P. Kenyon, of the county of Terrell, to be a Member of the State Board of Medical Examiners, for a term beginning December 10, 1943, and expiring September 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. Grady Coker, of the county of Cherokee, to be a Member of the State Board of Medical Examiners, for an unexpired term beginning December 10, 1943, and expiring September 1, 1944, and for a full term beginning September 1, 1944, and expiring September 1, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. J. W. Palmer, of the county of Montgomery, to be a Member of the State Board of Medical Examiners, for an unexpired term beginning December 10, 1943, and expiring September 1, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. R. F. Wheat, of the county of Decatur, to be a Member of the State Board of Medical Examiners, for an unexpired term beginning December 10, 1943, and expiring September 1, 1945, and for a full term beginning September 1, 1945, and expiring September 1, 1949. The vote on this confirmation was 46 to 0. The appointment of Dr. Rufus Askew, of the county of Fulton, to be a Member of the State Board of Medical Examiners, for a term beginning December 10, 1943, and expiring September 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. Joseph Ira Matthews, of the county of Paulding, to be a Member of the State Board of Medical Examiners, for an unexpired term beginning December 16, 1943, and expiring September 1, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. David S. Cuttino, Jr., of the county of Coweta, to be a Member of the Georgia State Board for the Examination and Registration of THURSDAY, JANUARY 25, 1945 161 Architects, for an unexpired term beginning February 9, 1944, and expiring October 1, 1946. The vote on this confirmation was 46 to 0. The appointment of Ron. Albert Howell, of the county of Fulton, to be a Member of the Georgia State Board for the Examination and Registration of Architects, for a term beginning February 9, 1944, and expiring October 1, 1948. The vote on this confirmation was 46 to 0. The appointment of Ron. W. Elliott Dunwody, Jr., of the county of Bibb, to be a Member of the Georgia State Board for the Examination and Registration of Architects, for an unexpired term beginning February 9, 1944, and expiring October 1, 1944, and for a full term beginning October 1, 1944, and expiring October 1, 1949. The vote on this confirmation was 46 to 0. The appointment of Ron. E. Oren Smith, of the county of Muscogee, to be a Member of the Georgia State Board for the Examination and Registration of Architects, for a term beginning February 9, 1944, and expiring October 1, 1945. The vote on this confirmation was 46 to 0. The appointment of Ron. Francis M. Daves, of the county of Fulton, to be a Member of the Georgia State Board fot the Examination and Registration of Architects, for an unexpired term beginning February 9, 1944, and expiring October 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. R. E. Andrews, of the county of ,Floyd, to be a Member of the Georgia State Board of Osteopathic Examiners, for a term beginning February 9, 1944, and expiring September 10, 1944, and for a full term beginning September 10, 1944, and expiring September 10, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. W. A. Hasty, of the county of Spalding, to be a Member of the Georgia State Board of Osteopathic Examiners, for a term beginning February 9, 1944, and expiring September 10, 1945. The vote on this confirmation was 46 to 0. The appointment of Dr. Hoyt Trimble, of the county of Fulton, to be a Member of the Georgia State Board of Osteopathic Examiners, for a term beginning February 9, 1944, and expiring September 10, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. Frederick W. Daniel, of the county of Ben Hill, to be a Member of the Georgia State Board of Osteopathic Examiners, for a term beginning February 9, 1944, and expiring September 10, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. W. C. Holloway, of the county of Thomas, to be a Member of the Georgia State Board of Osteopathic Examiners, for a term beginning 162 JOURNAL OF THE SENATE, February 25, 1944, and expiring September 10, 1945. The vote on this confirmation was 46 to 0. The appointment of Dr. William J. Moore, of the county of Crisp, to be a Member of the Georgia State Board of Chiropractic Examiners, for an unexpired term beginning February 9, 1944, and expiring August 20, 1944, and for a full term beginning August 20, 1944, and expiring August 20, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. W. E. Brown, of the county of Coweta, to be a Member of the Georgia State Board of Chiropractic Examiners ,for an unexpired term beginning February 9, 1944, and expiring August 20, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. Elmo W. Davis, of the county of Sumter, to be a Member of the Georgia State Board of Chiropractic Examiners, for an unexpired term beginning February 9, 1944, and expiring August 20, 1945, and for a full term beginning August 20, 1945, and expiring August 20, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. R. T. Langley, of the county of Walker, to be a Member of the Georgia State Board of Chiropractic Examiners, for an unexpired term beginning February 9, 1944, and expiring August 20, 1944, and for a full term beginning August 20, 1944, and expiring August 20, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. E. H. Anderson, of the county of Chatham, to be a Member of the Georgia State Board of Chiropractic Examiners, for a term beginning February 9, 1944, and expiring August 20, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. W. L. Bell, of the county of Bibb, to be a Member of the Georgia State Board of Examiners in Optometry, for an unexpired term beginning February 9, 1944, and expiring September 6, 1944, and for a full term beginning September 6, 1944, and expiring September 6, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. W. R. Gilbert, of the county of Spalding ,to be a Member of the Georgia State Board of Examiners in Optometry, for a term beginning February 9, 1944, and expiring September 6, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. W. W. Smith, of the county of Fulton, to be a Member of the Georgia State Board of Examiners in Optometry, for an unexpired term beginning February 9, 1944, and expiring September 6, 1944, and for a full term beginning September 6, 1944, and expiring September 6, 1947. The vote on this confirmation was 46 to 0. THURSDAY, JANUARY 25, 1945 163 The appointment of Dr. W. R. Wilson, of the county of Coffee, to be a Member of the Georgia State Board of Examiners in Optometry, for an unexpired term beginning February 9, 1944, and expiring September 6, 1945, and for a full term beginning September 6, 1945, and expiring September 6, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. A. Scott Gibson, of the county of Upson, to be a Member of the Georgia State Board of Examiners in Optometry, for an unexpired term beginning February 9, 1944, and expiring September 6, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. Charles W. Beasley, of the county of Fulton, to be a Member and Chairma nof the Georgia State Board of Chiropody Examiners, for an unexpired term beginning February 9, 1944, and expiring May 5, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. G. T. Dowling, of the county of Fulton, to be a Member of the Georgia State Board of Chiropody Examiners, for an unexpired term beginning February 9, 1944, and expiring May 5, 1944, and for a full term beginning May 5, 1944, and expiring May 5, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. E. E. Farley, of the county of Glynn, to be a Member of the Georgia State Board of Chiropody Examiners, for an unexpired term beginning February 9, 1944, and expiring May 5, 1945, and for a full term beginning May 5, 1945, and expiring May 5, 1948. The vote on this confirmation was 46 to 0. The appointment of Hon. George A. Belden, of the county of Chatham, to be a Member of the Georgia State Board of Registration for Professional Engineers and Surveyors, for an unexpired term beginning February 9, 1944, and expiring June 1, 1945, and for a full term beginning June 1, 1945, and expiring June 1, 1950. The vote on this confirmation was 46 to 0. The appointment of Hon. M. T. Singleton, of the county of Fulton, to be a Member of the Georgia State Board of Registration for Professional Engineers and Surveyors, for a term beginning February 9, 1944, and expiring June 1, 1948. The vote on this confirmation was 46 to 0. The appointment of Hon. AI G. Stanford, of the county of Fulton, to be a Member of the Georgia State Board of Registration for Professional Engineers and Surveyors, for a term beginning February 9, 1944, and expiring June 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. R. S. King, of the county of Fulton, to be a Member of the Georgia State Board of Registration for Professional Engineers and Surveyors, for an unexpired term beginning February 9, 1944, and expiring June 1, 1944, and for a full term beginning June 1, 1944, and expiring June l. 1949. The vote on this confirmation was 46 to 0. 164 JOURNAL OF THE SENATE, The appointment of Hon. C. E. Layton, of the county of Bulloch, to be a Member of the Georgia State Board of Registration for Professional Engineers and Surveyors, for a term beginning February 9, 1944, and expiring June 1, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. Ray Cole, of the county of Coweta, to be a Member of the Board of Dental Examiners of Georgia, for a term beginning May 15, 1943, and expiring August 13, 1943, and for a term beginning August 13, 1943, and expiring August 13, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. J. H. Brewton, of the county of Ware, to be a Member of the Board of Dental Examiners of Georgia, for a term beginning May 15, 1943, and expiring August 13, 1944, and for a term beginning August 13, 1944, and expiring August 13, 1949. The vote on this confirmation was 46 to 0. The appointment of Dr. G. C. Hunter, of the county of Troup, to be a Member of the Board of Dental Examiners of Georgia, for a term beginning May 15, 1943, and expiring August 13, 1945, and for a term beginning August 13, 1945, and expiring August 13, 1950. The vote on this confirmation was 46 to 0. The appointment of Dr. C. J. May, of the county of Wilkes, to be a Member of the Board of Dental Examiners of Georgia, for a term beginning May 15, 1943, and expiring August 13, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. L. H. Darby, of the county of Toombs, to be a Member of the Board of Dental Examiners of Georgia, for a term beginning May 15, 1943, and expiring August 13, 1947. The vote on this confirmation was 46 to 0. The appointment of Miss Louise Smith, of the county of Baldwin, to be a Member of the State Board for the Certification of Librarians, for a term beginning February 9, 1944, and expiring December 31, 1947. The vote on this confirmation was 46 to 0. The appointment of Miss Sarah Jones, of the county of Terrell, to be a Memll~r of the State Board for the Certification of Librarians, for a term beginning February 9, 1944, and expiring December 31, 1945. The vote on this confirmation was 46 tc 0. The appointment of Miss Tommie Dora Barker, of the county of DeKalb, to be a Member of the State Board for the Certification of Librarians, for a term beginning February 9, 1944, and expiring December 31, 1948. The vote on this confirmation was 46 to 0. The appointment of Miss Virginia McJenkin, of the county of Fulton ,to be a Member of the State Board for the Certification of Librarians, for a term beginning February 9, 1944, and expiring December 31, 1944, and for a term beginning December 31, 1944, and expiring December 31, 1947. The vote on this confirmation was 46 to 0. THURSDAY, JANUARY 25, 1945 165 The appointment of Dr. 0. N. Mathis, of the county of Spalding, to be a Member of the Georgia State Board of Veterinary Examiners, for a term beginning February 9, 1944, and expiring September 16, 1945. The vote on this confirmation was 46 to 0. The appointment of Dr. C. C. Von Gremp, of the county of DeKalb, to be a Member of the Georgia State Board of Veterinary Examiners, for a term beginning February 9, 1944, and expiring September 16, 1946. The vote on this confirmation was 46 to 0. The appointment of Dr. J. M. Sutton, of the county of Worth, to be a Member of the Georgia State Board of Veterinary Examiners, for a term beginning February 9, 1944, and expiring September 16, 1948. The vote on this confirmation was 46 to 0. The appointment of Dr. R. 0. Barnes, of the county of Evans, to be a Member of the Georgia State Board of. Veterinary Examiners, for a term beginning February 9, 1944, and expiring September 16, 1947. The vote on this confirmation was 46 to 0. The appointment of Dr. Clarence A. Moody, of the county of Coweta, to be a Member of the Georgia State Board of Veterinary Examiners, for a term beginning February 9, 1944, and expiring September 16, 1944, and for a term beginning September 16, 1944, and expiring September 16, 1949. The vote on this confirmation was 46 to 0. The appointment of Mrs. Ada Griesert Bussey, of the county of Thomas, to be a Member of the Board of Examiners of Nurses of Georgia, for a term beginning December 20, 1943, and expiring September 23, 1945. The vote on this confirmation was 46 to 0. The appointment of Miss May M. Sanders, of the county of Muscogee, to be a Member of the Board of Examiners of Nurses of Georgia, for a term beginning December 20, 1943, and expiring September 23, 1944, and for a term beginning September 23, 1944, and expiring September 23, 1947. The vote on this confirmation was 46 to 0. The appointment of Mrs. Mae M. Jones, of the county of Baldwin, to be a Member of the Board of Examiners of Nurses of Georgia, for a term beginning December 20, 1943, and expiring September 23, 1945.. The vote on this confirmation was 46 to 0. The appointment of Miss Mary MeN ally, of the county of Chatham, to be a Member of the Board of Examiners of Nurses of Georgia, for a term beginning December 20, 1943, and expiring September 23, 1946. The vote on this confirmation was 46 to 0. The appointment of Miss Florrie Lee Erb, of the county of Fulton, to be a Member of the Board of Examiners of Nurses of Georgia, for a term beginning 166 JOURNAL OF THE SENATE, December 20, 1943, and expiring September 23, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. Harvey H. Hunt, of the county of Fulton, to be a Member of the State Board of Examiners of Public Accountants, for a term beginning February 9, 1944, and expiring October 1, 1944, and for a term beginning October 1, 1944, and expiring October 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. W. C. Henson, of the county of Bartow, to be a Member of the State Board of Examiners of Public Accountants, for a term beginning February 9, 1944, and expiring October 1, 1944, and for a term beginning October 1, 1944, and expiring October 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. S. M. Wellborn, Jr., of the county of Muscogee, to be a Member of the State Board of Examiners of Public Accountants, for a term beginning February 9, 1944, and expiring April 4, 1944, and for a term beginning April4, 1944, and expiring June 30, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. Alfred E. Garber, of the county of Fulton, to be a Member of the State Board of Examiners of Public Accountants, for a term beginning February 9, 1944, and expiring April 4, 1944, and for a term beginning April 4, 1944, and expiring June 30, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. William J. Carter, of the county of Fulton, to be a Member of the State Board of Examiners of Public Accountants, for a term beginning February 9, 1944, and expiring June 30, 1945, and for a term beginning June 30, 1945, and expiring June 30, 1949. The vote on this confirmation was 46 to 0. The appointment of Hon. P. A. Whatley, of the county of Hall, to be a Member of the Georgia State Board of Pharmacy, for a term beginning December 15, 1943, and expiring November 1, 1947. The vote on this confirmation was 46 to 0. The appointment of Hon. Lester R. Brewer, of the county of Fulton, to be a Member of the Georgia State Board of Pharmacy for a term beginning December 15, 1943, and expiring November 1, 1946. The vote on this confirmation was 46 to 0. The appointment of Hon. R. Lee Olive, of the county of Richmond, to be a Member of the Georgia State Board of Pharmacy, for a term beginning December 15, 1943, and expiring November 1, 1945. The vote on this confirmation was 46 to 0. The appointment of Hon. M. W. Forte, of the county of Muscogee, to be a Member of the Georgia State Board of Pharmacy, for a term beginning December 15, 1943, and expiring November 1, 1948. The vote on this confirmation was 46 to 0. The appointment of Hon. Thomas S. Dean, of the county of Coffee, to be a THURSDAY, JANUARY 25, 1945 167 Member of the Georgia State Board of Pharmacy, for a term beginning November 1, 1944, and expiring November 1, 1949. The vote on this confirmation was 46 to 0. Respectfully yours, Mrs. Henry W. Nevin, Secretary to Senate. The Senate reconvened m a regular session at 12:35 A. M. and resumed the order of business. Pvt. Robert Patton, II, former reading clerk of the Senate, was presented by the president. The wife of Senator Freeman of the 22nd was introduced by the president. Senator Harrell of the 7th moved that the Senate do now adjourn until 10 o'clock tomorrow morning and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 168 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Friday, January 26, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was of.fered by Rev. Joe Branch, Chaplain of the House of Representatives. Senator Harrell of the 7th asked unammous consent that the call of the roll be dispensed with. There was objection and the roll call was ordered. The roll call was as follows : Those present were Senators: Bennett Bentley Branch Causey Chastain Cloud Cook Deal Edwards Freeman Gillis Grayson Greene Harrell of 7th Hill Hodges Holsenbeck Millican Minchew Those not present were Senators: Baggett Battle Brown Caldwell Daves Drake Drinkard Edenfield Gould Harrell of 12th Hawes Mavity McGinty Moate Moore Nix Peebles Rainey Sabados Stone Turner of 34th Turner of 35th Walker Welsch Mr. President Norton Riley Shedd Slaughter Smith Wall Wellborn Yawn Senator Walker of the 45th 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. FRIDAY, JANUARY 26, 1945 169 Senator Millican of the 52nd 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 bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting, upon third reading, local Senate and House bills for passage. The consent was granted. The president recognized in the gallery the Seventh Grade Class of the Winnona School, Decatur, and teacher, Miss Rosell Shirley; and the Seventh Grade Class of Cascade School with their teacher, Miss Dempsey. 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 as amended of the Senate to wit: SB 7. By Senator Millican of the 52nd: A bill to be entitled an Act to regulate the sale of second hand watches, to require all persons engaged in buying and selling watches to affix and keep affixed on all second hand watches a tag plainly marked "Second Hand"; to require that all second hand watches displayed for sale shall be displayed as "Second Hand"; and for other purposes. The following bills were introduced, read the first time and referred to committees: SB 90. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Section 36-606, Code of Georgia, 1933; and for other purposes. Referred to Committee on General Judiciary No.2. SB 91. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Title 92, Division 1, Part 9 of the Code of Georgia of 1933, as amended; and for other purposes. Referred to Committee on Finance. 170 JOURNAL OF THE SENATE, Mr. Nix of 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 10 SB 42 SB 45 SB 46 SB 47 SB 48 SB 49 SB 58 SB 61 SB 62 SB 65 SB 67 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Turner of the 34th 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 75. Do Pass HB 78. Do Pass HB 109. Do Pass HB 158. Do Pass HB 160. Do Pass Respectfully submitted, Turner of 34th district, Chairman. FRIDAY, JANUARY 26, 1945 171 Mr. Freeman of the 22nd 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 House and Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 64. Do Pass HR 15. Do Pass HB 3. Do Pass SB 68. Do Pass SB 39. Do Pass by substitute Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Greene of the 31st 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 82. Do Not Pass Respectfully submitted, Greene of 21st district, Chairman. Mr. Moate of the 20th 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 118. Do Pass HB 112. Do Pass 172 JOURNAL OF THE SENATE, HB 113. Do Pass SB 35. Do Pass SB 53. Do Pass SB 54. Do Pass SB 56. Do Pass SB 76. Do Pass SB 79. Do Pass SB 80. Do Pass SB 81. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Minchew of the 5th District, Chairman of the Committee on Public Welfare, submitted the following report: Mr. President: Your Committee on Public Welfare have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 21. Do Pass by substitute Respectfully submitted, Minchew of 5th district, Chairman. Mr. Minchew of the 5th District, Chairman of the Committee on Public Welfare, submitted the following report: Mr. President: Your Committee on P'ublic Welfare have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 28. Do Pass Respectfully submitted, Minchew of 5th district. Chairman. FRIDAY, JANUARY 26, 1945 173 Mr. Moore of the 38th 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 7. Do Pass HR 27. Do Pass Respectfully submitted, Moore of 38th district, Chairman. Mr. Turner of the 35th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. President: Your Committee on Banks and Banking have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back: to the Senate with the following recommendation: SB 40. Do Pass Respectfully submitted, Turner of 35th district, Chairman. The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time: SB 40. By Senator Millican of the 52nd: A bill to be entitled an act to amend paragraph (4) of Section 97-303 of the Code of 1933, defining class "B" Securities by inserting the word "to" between the words "or" and "any corporation" in the fifth line of said paragraph; and for other purposes. SB 64. By Senator Greene of the 21st: A bill to prohibit any person, firm or corporation from selling cemetery lots or mausoleum space upon the promise, representation or inducement to purchaser that the same may be resold at a profit; and for other purposes. 174 JOURNAL OF THE SENATE, SB 68. By Senator Freeman of the 22nd: A bill to be entitled an act to provide that title to real property conveyed to a purchaser or to a lender as security by the heirs of a deceased owner who has been dead two years or more and upon whose estate no proceedings of administration have "been instituted, shall be discharged from all claims, debts and rights of creditors of such deceased owner unless such claims have been reported; and for other purposes. SB 39. By Senator Gross of the 31st: A bill to be entitled an act to regulate the employment of children and to define hazardous occupations; and for other purposes. SB 53. By Senator Peebles of the 18th: A bill to be entitled an act to fix the salary of the Treasurer of Glascock county; and for other purposes. SB 54. By Senator Caldwell of the 37th: A bill to be entitled an act to provide that in all counties having a Board of Health fees to registrars of vital statistics shall be paid from funds appropriated to the Board of Health; and for other purposes. SB 56. By Senator Holsenbeck of the 27th: A bill to be entitled an act to provide for a change in time of holding the Superior Court of Barrow county; and for other purposes. SB 76. By Senator Edenfield of the 2nd: A bill to be entitled an Act to abolish the City Court of Darien; and for other purposes. SB 79. By Senator Drake of the 8th: A bill to be entitled an Act, to provide for new registration books for th.e voters of Seminole county and to provide all persons must re-register before January 1, 1946; and for other purposes. SB 80. By Senator Drake of the 8th: A bill to be entitled an Act to authorize citizens of Seminole county to fish in Spring Creek without being required to obtain a license; and for other purposes. SB 81. By Senator Drake of the 8th: FRIDAY, JANUARY 26, 1945 175 A bill to be entitled an Act to provide five trustees for the Spring Creek consolidated School District of Seminole county; and for other purposes. SB 21. By Senators Gross of the 31st, Green of the 21st, Harrell of the 7th, and Shedd of the 3rd: A bill to be entitled an act to provide revenue for paying annmttes and benefits to the Peace Officers of the State; and for other purposes. SB 35. By Senator Mavity of the 44th: A bill to be entitled an act to authorize the levy of a tax of one mill in Walker county to establish public libraries; and for other purposes. HB 3. By Mr. Harris of Richmond, and others: A bill to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes. HB 75. By Mr. Sills of Candler: A bill to fix the salary of the Mayor and Councilmen of the City of Metter; and for other purpos!!s HB 78. By Mr. Barwick of Grady: A bill to amend the charter of the City of Cairo to provide a City Manager Form of Government; and for other purposes. ~ ., :1 HB 109. By Mr. Hubert of DeKalb and others: A bill to amend the charter of the City of Decatur by fixing the date for the election of members of the Board of Tax Assessors; and for other purposes. HB 158. By Mr. Ray of :Warren: A bill to amend the charter of the City of Norwood relating to the election of Mayor and Councilmen; and for other purposes. HB 160. By Mr. Almand of Walton: A bill to amend the charter of the City of Social Circle by increasing the tax levy for school purposes; and for other purposes. 176 JOURNAL OF THE SENATE, HB 112. By Mr. Herren of Echols: A bill to repeal an Act approved February 22, 1943 (Ga. Laws 1943, pp. 955-959) which divided Echols county into three districts for the election of County Commissioners; and for other purposes. HB 118. By Mr. Seagraves of Madison: A bill to fix the salary of the Clerk of the Commissioner of Roads and Revenues and of the Commissioner of Madison county; and for other purposes. HB 113. By Mr. Herren of Echols: A bill to provide for the election and tenure of members of the Boards of Roads and Revenues of Echols county; and for other purposes. HR 15. By Messrs. Fortson of Wilkes and Brumby of Cobb: A resolution providing members of the Armed Forces may drive motor vehicles while on furlough without procuring a driver's license; and for other purposes. HR 7. By Mrs. Guerry of Macon: A resolution to authorize the Governor to reconvey a tract of land to Macon county which was deeded to the State by Macon county; and for other purposes. HR 27. By Mr. Smith of Bryan and others: A resolution requesting the Government to permit former owners to repurchase Camp Stewart land site. The president introduced Mrs. Dorothy Vredenburgh, Secretary of the Democratic National Committee; Miss Oliver, President of the Democratic National Committee; Rev. L. D. Pratt and Rev. Edgar Keesley to the Senate. By unanimous consent SB 84 was withdrawn by the committee on Veterans Affairs for correction and recommitted: SB 84. By Senators Stone of the 15th, Grayson of the 1st, Millican of the 52nd, Norton of the 33rd, Greene of the 21st, Causey of the 46th, Drake of the 8th, Rainey of the 11th, Gould of the 4th, Cook of the 42nd, Minchew of the 5th, Freeman of the 22nd, Smith of the 24th, Mavity of the 44th, and Moate of the 20th: A bill to be entitled an Act to create an integrated State Department of FRIDAY, JANUARY 26, 1945 177 Veterans Service; to provide for the employment of members thereof and for a Director of the Department; and for other purposes. The following uncontested House bills were read the third time and put upon their passage: HB 25. By Mr. Willis of Irwin: A bill to provide for three terms of the Irwin Superior Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 76. By Mr. Oden of Pierce: A bill to fix the salary of the clerk of the Board of Commissioners of Roads and Revenues 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 98. By Mr. Key of Jasper: A bill to fix the date for the monthly meetings of the Commissioner of Roads and Revenues for Jasper 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 99. By Mr. Mason of Morgan: A bill to fix the salary of the clerk of the Commissioner of Roads and Revenues for Morgan 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. 178 JOURNAL OF THE SENATE, HB 102. By Mr. Sills of Candler: A bill to fix the salary of the Judge and Solicitor of the City Court of Metter; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. , On passage of the bill, the ayes were 3 I, nays 0. The bill, having received the requisite constitutional majority, was passed. A resolution by Senators Holsenbeck of the 27th, Millican of the 52nd and Walker of the 45th resolving that the Senate go on record as urging Hon. Marvin Jones, Director of the War Food Administration, to rescind his order and permit the work of the Labor Procurement Division to go on uninterrupted in Atlanta instead of moving it to Pennsylvania or elsewhere, was read and adopted. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock Monday morning. MONDAY, JANUARY 29, 1945 179 Senate Chamber, Atlanta, Georgia. Monday, January 29, 1945. The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, Chairman of the Committee on Journals, reported that the journal of Friday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Millican of the 52nd 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 bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting, upon third reading, local Senate and House bills for final passage. 6. Putting, upon third reading, general Senate and House bills for final passage. The consent was granted. The following bill was introduced, read the first time and referred to committee: SB 92. By Senator Welsch of the 39th: A bill to be entitled an Act to provide that all new school buses bought to transport children to school which are supported in whole or in part from State funds shall be painted red, white and blue; and for other purposes. Referred to Committee on Education. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the reqUisite constitutional majority the following bills and resolutions of the House to wit: 180 JOURNAL OF THE SENATE, HB 55. By Messrs. Williams and Hinson of Ware, Williams of Coffee, Oden of Pierce and Medders of Bacon: A bill to be entitled an Act to fix the salary for the official Court Reporter for the Waycross Judicial Circuit; and for other purposes. HB 63. By Mrs. Mankin and Mr. Etheridge of Fulton: A bill to be entitled an Act to provide how a lien of a carrier of passengers of the baggage of passengers may be foreclosed; and for other purposes. HB 65. By Mr. Mann of Henry: A bill to be entitled an Act to provide for four terms of the Henry Superior Court, and for other purposes. HB 72. By Mr. Price of Clarke: A bill to be entitled an Act to create a War Veterans' Memorial Building Commission; to provide the powers and duties of such Commission; and for other purposes. HB 74. By Messrs. Brock and Alexander of Carroll, Hurst and Arnall of Coweta, Parham of Heard, Hatchett and Thompson of Meriwether, Trotter, Lam and Dallis of Troup: A bill to be entitled an Act to fix the salary for the official Court Reporter of the Coweta Judicial Circuit; and for other purposes. HB 80. By Messrs. Thrash of Coffee, McCracken of Jefferson, Arnall of Coweta, Ray of Warren, Sapp of Dougherty and Cheek of Franklin: A bill to be entitled an Act to provide for the redemption of bonds by the State, known as the Land Scrip Fund, now held by the Regents of the University System; and for other purposes. The following message was received from the House through Mr. McCutchen, Jr., the clerk thereof: Mr. President: The House has passed by the reqms1te constitutional majority the following bills and resolutions of the House to wit: HB 82. By Messrs. Hubert, Broome and McCurdy of DeKalb: A bill to be entitled an Act to provide for the distribution of fees of the Court Reporter of the Stone Mountain Judicial Circuit; and for other purposes. MONDAY, JANUARY 29, 1945 181 HB 96. By Messrs. Harris of Richmond, Boynton of Union and Sparks of Towns: A bill to be entitled an Act to provide for the reciprocation between the different states with the State of Georgia in transporting or selling farm products or products of orchards and groves within the boundary of the State of Georgia; and for other purposes. HB 106. By Mr. McCracken of Jefferson: A bill to be entitled an Act to provide that Judges of the Court of Appeals may administer oaths to members of the General Assembly; and for other purposes. HR 23. By Mr. Key of Jasper: A resolution directing officials of the State Government and heads of departments to pay Workmen's Compensation claims of State Employees from funds appropriated to the various departments; and for other purposes. HR 38. By Messrs. Battles and Miller of Decatur: A privileged resolution, extending sympathy of General Assembly to the family of Honorable Gordon Bowers, former member of the Assembly, on his death. Mr. Drinkard of 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bills of the Senate and have .instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 3 SB 2 Respectfully submitted, Drinkard of 29th district, Chairman. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has 'passed by the requisite constitutional majority the following bills of the House tb wit: 182 JOURNAL OF THE SENATE, HB 127. By Mr. Whaley of Telfair: A bill to be entitled an Act to provide that should a Commissioner of Roads and Revenues of Telfair County to be inducted into the Armed Forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes. HB 128. By Mr. Whaley of Telfair: A bill to be entitled an Act to reduce the official bond of the Sheriff of Telfair County from $10,000.00 to $5,000.00; and for other purposes. HB 129. By Mr. Whaley of Telfair: A bill to be entitled an Act to provide for a clerk to the Tax Commissioner of Telfair County and to fix the salary; and for other purposes. HB 131. By Mr. Whaley of Telfair: A bill to be entitled an Act to fix the fee of the Sheriff of Telfair County for feeding prisoners; and for other purposes. HB 137. By Messrs. Hubert, Broome and McCurdy of DeKalb: A bill to be entitled an Act to create a DeKalb County Waterworks Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said Waterworks System; and for other purposes. HB 149: By Messrs. Price and Hill of Clarke: A bill to be entitled an Act to fix the salary of the members of the Board of County Commissioners of Clarke County; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 159. By Mr. Brooke of Whitfield: A bill to be entitled an Act to fix the salary for the Commissioner of Roads and Revenues of Whitfield County; and for other purposes. HB 179. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an Act to increase the tax for school purposes in Gainesville from 75 cents to $1.00 on each $100.00; and for other purposes. MONDAY, JANUARY 29, 1945 183 HB 189. By Mr. Williams of Appling: A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Appling County; and for other purposes. HB 214. By Mr. Gibson of Seminole: A bill to be entitled an Act to provide five district trustees for the Spring Creek Consolidated School District of Seminole County; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 116. By. Mr. Porter of Gordon: A bill to be entitled an Act to amend the charter of the City of Calhoun to extend the territorial limits of said City, and for other purposes. HB 152. By Mr. Kent of Glascock: A bill to be entitled an Act to amend the charter of the City of Gibson by providing for four members of City Council instead of two; and for other purposes. HB 154. By Mr. Banks of Lamar: A bill to be entitled an Act to amend the charter of the C':ity of Barnesville to provide for a city-wide vote for members of City Council; and for other purposes. HB 200. By Mr. Kent of Glascock: A bill to be entitled an Act to repeal an Act approved Feb. 16, 1943 (Ga. Laws 1943 pp. 1030-1042) establishing a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes. HB 201. By Mr. Kent of Glascock: A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes. HB 203. By Mr. Manous of Cherokee: 184 JOURNAL OF THE SENATE, A bill to be entitled an Act to fix the salary of the Clerk of the Board of County Commissioners of Cherokee County; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 209. By Mr. Pittman of Tift: A bill to be entitled an Act to amend the charter of the City of Tifton by providing the levy of an additional tax for school purposes; and for other purposes. HB 221. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an Act to amend the charter of the City of Brunswick to provide that employees of the Brunswick-St. Simons Highway shall be included in the Pension System of the City; and for other purposes. HB 237. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. HB 238. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an Act to abolish the Board of Commissioners of Roads and Reyenues for the County of Lowndes; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following bill of the House to wit: HB 38. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph and others: A bill to be entitled an Act to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes. MONDAY, JANUARY 29, 1945 185 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 resolution of the House towit: HB 35. By Messrs. Harris of Richmond, Gowen of Glynn, Connell of Lowndes, and others: A bill to be entitled an Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; to provide the terms, duties, and compensation of incumbents; and for other purposes. HB 36. By Messrs. Twitty of Mitchell, Durden of Dougherty, Sapp of Dougherty and others: A bill to be entitled an Act to authorize the State Board of Education to set up and operate Area Trade, Vocational and Industrial Schools; and for other purposes. HB. 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph and others: A bill to be entitled an Act to provide a fund to assist in the education of orphans of members of the Armed Forces killed in action in World War II; and for other purposes. HB 45. By Messrs. Sapp and Durden of Dougherty: A bill to be entitled an Act to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed Notaries Public; and for other purposes. HB 54. By Messrs. Dorsey of Cobb, Hefner of Pickens and others: A bill to be entitled an Act to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6,250.00 per year; and for other purposes. HR 34. By Messrs. Young, Holleman, and Shields of Muscogee: A resolution commending the Governor and members of the Agricultural and Industrial Development Board. Mr. Daves of the 14th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: 186 JOURNAL OF THE SENATE, Mr. President: Your Committee on Hygiene and Sanitation have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 29. Do Not Pass Respectfully submitted, V. C. Daves, of 14th 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 of the Senate to wit: SR 5. By Senator Gould of the 4th: A resolution Memorializing the Congress of the United States on the PostWar Military Establishment and the status of the National Guard. The following message was received from the House through Mr. P. T. lVIcCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate to wit: SB 14. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th, and Freeman of the 22nd: A bill to be entitled an Act to provide for the prompt filing of Acts of the General Assembly with the Clerk of the Superior Courts; and for other purposes. SB 20. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal an Act entitled "An Act to authorize the Board of Education of any county having more than 200,000 population to create a retirement fund for teachers and employees of county school system; and for other purposes. MONDAY, JANUARY 29, 1945 187 The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate to wit: SB 19. By Senator Millican of the 52nd: A bill to be entitled an Act to provide in Fulton County a System for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; to establish a school Pension Board; and for other purposes. The following bills and resolutions of the House were read the first time and referred to the committees: HB 35. By Mr. Gowen of Glynn and others: A bill to provide for the retirement of Superior Court Judges; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 54. By Mr. Dorsey of Cobb and others: A bill to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6,250.00 per year; and for other purposes. Referred to Committee on Special Judiciary. HB 55. By Messrs. Williams and Hinson of Ware and others: A bill to fix the salary for the official Court Reporter for the Waycross Judicial Circuit; and for other purposes. Referred to Committee on Special Judiciary. HB 82. By Mr. Hubert of DeKalb and others: A bill to provide for the distribution of fees of the Court Reporter of the Stone Mountain Judicial Circuit; and for other purposes. Referred to Committee on Special Judiciary. HB 74. By Mr. Brock of Carroll and others: A bill to fix the salary for the Official Court Reporter of the Coweta J u- dicial Circuit; and for other purposes. Referred to Committee on Special Judiciary. 188 JOURNAL OF THE SENATE, HB 237. By Messrs. Connell and Cowart of Lowndes: A bill to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. Referred to Committee on Counties and County 1\fatters. HB 106. By Mr. McCracken of Jefferson: A bill to provide that the Judges of the Court of Appeals may administer oaths to members of the General Assembly; and for other purposes. Referred to Committee on State of Republic. HB 149. By Mr. Price of Clarke and others: A bill to fix the salary of the members of the Board of County Commissioners of Clarke County; and for other purposes. Referred to Committee on Counties and County Matters. HB 39. By Mr. Price of Clarke and others: A bill to provide a fund to assist in the education of orphans of members of the Armed Forces killed in action in World War II; and for other purposes. Referred to Committee on Veterans Affairs. HB 36. By Messrs. Twitty and Hand of Mitchell: A bill to authorize the State Board of Education to set up and operate Area Trade, Vocational and Industrial Schools; and for other purposes. Referred to Committee on Education. HB 45. By Mr. Sapp of Dougherty: A bill to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed Notaries Public; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 129. By Mr. Whaley of Telfair: A bill to provide for a clerk to the Tax Commissioner of Telfair County and to fix the esalary; and for other purposes. Referred to Committee on Counties and County Matters. HB 221. By Mr. Gowen of Glynn: MONDAY, JANUARY 29, 1945 189 A hill to amend the charter of the City of Brunswick to provide that employees of the Brunswick-St. Simons Highway shall he included in the Pension System of the City; and for other purposes. Referred to Committee on Municipal Government. HB 65. By Mr. Mann of Henry: A bill to provide for four terms of the Henry Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 80. By Mr. Thrash of Coffee and others: A bill to provide for the redemption of bonds by the State, known as the Land Scrip Fund, now held by the Regents of the University System; and for other purposes. Referred to Committee on Finance. HB 96. By Mr. Harris of Richmond and others: A hill to provide for reciprocation between the different states with the State of Georgia in transporting or selling farm products or products of orchards and groves within the boundary of the State of Georgia; and for other purposes. Referred to Committee on Agriculture. HB 72. By Mr. Price of Clarke: A hill to create a war Veterans' Memorial Building Commission; and for other purposes. Referred to Committee on Veterans Affairs. HB 209. By Mr. Pittman of Tift: A bill to amend the charter of the City of Tifton by providing the levy of an additional tax for school purposes; and for other purposes. Referred to Committee on Municipal Government. HB 203. By Mr. Manous of Cherokee: A bill to fix the salary of the Clerk of the Board of County Commissioners of Cherokee County; and for other purposes. Referred to Committee on Counties and County Matters. 190 JOURNAL OF THE SENATE, HB 238. By Messrs. Connell and Cowart of Lowndes: A bill to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. Referred to Committee on Counties and County Matters. HB 128. By Mr. Whaley of Telfair: A bill to reduce the official bond of the Sheriff of Telfair County from $10,000.00 to $5,000.00; and for other purposes. Referred to Committee on Counties and County Matters. HB 201. By Mr. Kent of Glascock: A bill to create 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 200. By Mr. Kent of Glascock: A bill to repeal an Act approved Feb. 16, 1943 (Ga. Laws 1943 pp. 10301042) establishing a Board of Commissioners of Roads and Revenues for the County ot Glascock; and for other purposes. Referred to Committee on Counties and County Matters. HB 63. By Mrs. Mankin and Mr. Etheridge of Fulton: A bill to provide how a lien of carrier of passengers on the baggage of passengers may be foreclosed; and for other purposes. Referred to Committee on General Judiciary I" o. 1. HB 189. By Mr. Williams of Appling: A bill to create a Board of Commissioners of Roads and Revenues for Appling County; and for other purposes. Referred to Committee on Counties and County Matters. HB 131. By Mr. Whaley of Telfair: A bill to fix the fee for the sheriff of Telfair County for feeding prisoners; and for other purposes. Referred to Committee on Counties and County ~1atters. HB 127. By Mr. Whaley of Telfair: MONDAY, JANUARY 29, 1945 191 A bill to provide that should a Commissioner of Roads and Revenues of Telfair County be inducted into the Armed Forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes. Referred to Committee on Counties and County Matters. HB 137. By Mr. Hubert of DeKalb and others: A bill to create a DeKalb County Waterworks Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said Waterworks System; and for other purposes. Referred to Committee on Counties and County Matters. HB 159. By Mr. Brooke of Whitfield: A bill to fix the salary for the Commissioner of Roads and Revenues of Whitfield County; and for other purposes. Referred to Committee on Counties and County Matters. HB 214. By Mr. Gibson of Seminole: A bill to provide five district trustees for the Spring Creek Consolidated School District of Seminole County; and for other purposes. Referred to Committee on Counties and County Matters. HB 154. By Mr. Banks of Lamar: A bill to amend the charter of the City of Barnesville to provide for a city-wide vote for members of City Council; and for other purposes. Referred to Committee on Municipal Government. HB 179. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an Act to increase the tax for school purposes in Gainesville from 75 cents to $1.00 on each $100.000; and for other purposes. . Referred to Committee on l\1unicipal Government. HB 116. By Mr. Porter of Gordon: A bill to amend the charter of the City of Calhoun to extend the territorial limits of sail City; and for other purposes. Referred to Committee on Municipal Government. HB 152. By Mr. Kent of GlascQck: 192 JOURNAL OF THE SENATE, A bill to amend the charter of the City of Gibson by providing for four members of City Council instead of two; and for other purposes. Referred to Committee on Municipal Government. HR 23. By Mr. Key of Jasper: A resolution directing officials of the State Government and heads of departments to pay Workman's Compensation claims of State employees from funds appropriated to the various departments; and for other purposes. Referred to Committee on Special Appropriations. The following privileged resolution was read and adopted. By Senator Stone of the 15th: A resolution urging Franklin Delano Roosevelt, President of the United States, to give consideration and thought to the qualified statesmen of Georgia and the South when filling any present or future vacancies in the policy forming departments of the government under executive control. The following resolutions were read and adopted: SR 16. By Senator Millican of the 52nd: A resolution resolving that the plaque of Hoke Smith be placed in the State Capitol and be accepted in the name of the State of Georgia; resolving further that the two houses meet in joint session from 2 :00 to 2 :30 p. m. on Tuesday the 30th day of January 1945, for the purpose of unveiling the plaque of Hoke Smith and paying tribute to his memory; that the chair appoint a committee of the Senate to act to a similar committee of the House to make arrangements for the ceremony. The president appointed on the part of the Senate the following: Senators Stone of the 15th, Freeman of the 22nd and Gould of the 4th. By Senator Gross of the 31st: A resolution that the Senate congratulate the people of Georgia on the progress that has been made in the production of live stock, commending farmers and agencies, the Atlant'a Constitution, Radio Station WAGA, the Atlanta Chamber of Commerce. Senator Millican of the 52nd asked unanimous consent that the following amendment of the House to SB 7 be adopted: SB 7. By Senator Millican of the 52nd: MONDAY, JANUARY 29, 1945 193 A bill to be entitled an act to regulate the sale of second-hand watches by requiring all dealers of second-hand watches to tag the same as "second hand"; and for other purposes. The House offered the following amendment: By Mr. Mound of Talbot: Amend SB 7 by adding the words "within thirty days" following the words "through exchange or for credit" in Section 5. Further by striking Section 7 in its entirety. The consent was granted and the amendment was adopted. The following bills of the Senate and House were read the third time and put upon their passage: SB 35. By Senator Mavity of the 44th: A bill to be entitled an Act to authorize the levy of a tax of one mill in Walker County to establish public libraries; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 53. By Senator Peebles of the 18th: A bill to be entitled an Act to fix the salary of the Treasurer of Glascock County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 56. By Senator Holsenbeck of the 27th: A bill to be entitled an Act to provide for a change in time of holding Superior Court of Barrow County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. 194 JOURNAL OF THE SENATE, SB 79. By Senator Drake of the 8th: A bill to be entitled an act to provide for new registration books for the voters of S~minole County and to provide all persons must re-register before January 1, 1946; and for other purposes. The report 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 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to provide for making of procedure and practice in the courts of this state simpler by vesting in the Justices of the Supreme Court the power to adopt, modify and repeal rules of procedure; and for other purposes. The Committee on General Judiciary No. 1 offered the following substitute: A BILL To be entitled an Act to provide for the making of Procedure and Practice in the Courts of this State simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme Court of Georgia and the Justices thereof the power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the Courts of this State, and of the practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the Courts of this State; to provide for the taking effect of such rules; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Supreme Court of Georgia and the Justices thereof shall have power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the Courts of this State, and of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the Courts or Tribunals of this State. Such rules shall not abridge, enlarge, or modify, the substantive rights of any litigant. Section 2. Whenever the Supreme Court shall have adopted or prescribed any rules under this Act, they shall be reported by the Court to the General Assembly of the State of Georgia at the next regular session thereof, or extraordinary session authorized by law to consider and ratify them. They shall not take effect until they shall have been ratified and confirmed by the General Assembly of Georgia by an Act or Resolution thereof. MONDAY, JANUARY 29, 1945 195 Section 3. The Supreme Court is authorized from time to time to repeal, modify, or amend any rule adopted or prescribed by it, but no such repeal, modification, or amendment shall be effective until it shall have been ratified by an Act or Resolution of the General Assembly. Section 4. The Supreme Court shall appoint a committee or committees from the Bar of this State to aid in the preparation of rules. Section 5. This Act shall not be construed as constituting an abandonment or disclaimer of the power of the General Assembly to enact laws regulating procedure in the Courts of this State. Section 6. 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 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. SB 22. By Senator Peebles of the 18th: A bill to be entitled an Act to provide for the admissibility in evidence in all actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 23. By Senators Wellborn of the 40th, Grayson of the 1st, Norton of the 33rd and Stone of the 15th: A bill to be entitled an Act to provide an equitable distribution between the state and local governments of payments received from the Tennessee Valley Authority in lieu of taxes; and for other purposes. The Committee on Finance offered the following amendments: Amend SB 23, Section 4 (b) line 7 by striking the word "ten" and inserting in lieu thereof "thirty". The amendment was adopted. 196 JOURNAL OF THE SENATE, Amend SB 23 by adding at the end of Section 6 the following: Provided, however, this act shall not alter, modify or change the amounts or method of payments by the said Tennessee Valley Authority to any of the counties located in the state of Georgia, or any municipalities, therein, in lieu of taxation, as provided by the Act of Congress of the United States approved June 26, 1940, and the caption of said Act being as follows: "Financial assistance to States and local governments in lieu of taxation; apportionment; limitation on contracts for sale of power to municipalities; report to Congress". 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 38, nays 2. The bill, having received the requisite constitutional majority was passed, as amended. SB 28. By Senator Shedd of the 3rd: A bill to be entitled an Act to require the State Merit Council to remove from office any county Welfare Director who has falsified her application for examination in any particular; and for other purposes. The report 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, havin~ received the requisite constitutional majority, was passed. SB 40. By Senator Millican of the 52nd: A bill to be entitled an Act to amend paragraph (4) of section 97-303 of the Code of 1933, defining class "B" securities by inserting the word "to" between the words "or" and "any corporation" in the fifth line of said paragraph; and for other purposes. The report 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, n.ays 0. The bill, having received the requisite constitutional majority, was passed. SB 51. By Senators Gross of the 31st and Minchew of the 5th: A bill to be entitled an Act authorizing a state department of Public Welfare MONDAY, JANUARY 29, 1945 197 to accept and disburse federal grant-in-aid funds to the fullest extent; authorizing the department to comply with all requirements prescribed by Congress for this purpose; and for other purposes. The report 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 o(}, The bill, having received the requisite constitutional majority, was passed. Senator Stone of the 15th asked unanimous consent that the following bill be tabled: SB 38. By Senators Gould of the 4th, Stone of the 15th, Drake of the 8th and Gross of the 31st: A bill to be entitled an Act to create a War Veterans Memorial Building Commission; to provide for the powers and duties of such commission; and for other purposes. The consent was granted. Senator Freeman of the 22nd moved that the following bill be indefinitely postponed: SB 15. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st, and Grayson of the 1st: A bill to be entitled an Act to provide for the granting of supersedeas by the Supreme Court of Appeals of Georgia; and for other purposes. The motion prevailed. SB 80. By Senator Drake of the 8th: A bill to be entitled an Act to authorize citizens of Seminole County to fish in Spring Creek without being required to obtain a license; and for other purposes. The report 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 81. By Senator Drake of the 8th: A bill to be entitled an Act to provide five trustees for the Spring Creek Consolidated School District of Seminole County; and for other purposes. 198 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitut~onal majority, was passed. SB 76. By Senator Edenfield of the 2nd: A bill to be entitled an Act to abolish the city court of Darien; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 30. By Senator Sabados of the lOth: A bill to be entitled an Act to provide that no general, special or primary election shall be called on a legal holiday; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On motion of Senator Sabados of the lOth, a roll call was ordered. The roll call was as follows: Those voting in the affirmative were Senators: Bennett Drinkard Gillis Hill Holsenbeck Peebles Rainey Sabados Smith Walker Those voting in the negative were Senators: Baggett Branch Edwards Freeman Brown Causey Cloud Cook Daves Deal Drake Edenfield Gould Greene Harrell of 7th Hodges McGinty Mtllican Minchew Moore :\' ix Norton Shedd Slaughter Stone Turner of 35th Wall Welsch Wellborn Yawn MONDAY, JANUARY 29, 1945 199 Not voting were Senators Battle, Bentley, Caldwell, Chastain, Grayson, Harrell of 12th, Hawes, Mavity, Moate, Riley and Turner of the 34th. On the passage of the bill, the ayes were 10, nays 30. The bill, having failed to receive the requisite constitutional majority, was lost. SB 12. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd: A bill to be entitled an Act to create a judicial council composed of the Chief Justice of the Supreme Court, the Chairman of Judiciary Committee No. 1 of the House and Senate, a Judge of the Court of Appeals, two trial judges, five lawyers, and three laymen; and for other purposes. On motion of Senator Harrell of the 7th a roll call was ordered and the vote was as follows : Those voting in the affirmative were Senators: Baggett Bennett Bentley Branch Brown Causey Cloud Daves Drake Edenfield Edwards Freeman Gillis Gould Greene Harrell of 7th Hawes Hodges Mavity McGinty Millican Minchew Nix Norton Peebles Rainey Shedd Slaughter Stone Walker Wall Welsch Wellborn Those voting in the negative were Senators: Deal Drinkard Hill Holsenbeck Moore Sabados Turner of 35th Those not voting were Senators Battle, Caldwell, Chastain, Cook, Grayson, Harrell of 12th, Moate, Riley, Smith, Turner of 34th, and Yawn. The report 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 7. The bill, having received the requisite constitutional majority, was passed. 200 JOURNAL OF THE SENATE, ')B 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st, and Grayson of the 1st: A bill to be entitled an Act to provide for the service of process, summons and notices by using a duplicate original in counties other than where the case is pending; and for other purposes. The Committee on General Judiciary No. 1 offered the following amendments: Amend SB 16 by adding a new section thereto to be known as Section 3, and to read as follows: . "For serving any process, summons, or notice in a County other than the county of his residence, a sheriff shall be entitled to fees to ten cents (JOe) per mile for each mile traveled in the serving of any process, summons, or notice outside of the county of his residence, whether such service be made by the sheriff or a deputy. Such fees shall be taxed as a part of the costs in the case to which such process, summons, or notice pertains. The Sheriff, before serving or having served such process, summons or notice outside of the County of his residence, shall have a right to require the party or his attorney requesting such service to deposit with him a sufficient amount to cover the mileage fees herein provided for." The amendment was adopted. Amend SB 16 by striking from section 1 the following language: "or if the party to be served, whether a resident of the county in which the action or proceeding is pending or not, is found and may be served in any other county, the Sheriff of that county, or his Deputies, upon the process, summons or notice being delivered to him may serve such process, summons or notice," and substituting in lieu thereof the following: "or if the party to be served is not a resident of the county in which the action or proceeding is pending, he may be served in any other county in which he may be found by the Sheriff of that County or his Deputies, delivering to said party such process, summons or notice, or by serving such party in any manner now provided by law." The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 160. By Mr. Almand of Walton: A bill to amend the charter of the city of Social Circle by increasing the tax levy for school purposes; and for other purposes. MONDAY, JANUARY 29, 1945 201 The report 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 109. By Mr. Hubert of DeKalb and others: A bill to amend the cltarter of the city of Decatur by fixing the date for the election of members of the Board of 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 113. By Mr. Herren of Echols: A bill to provide for the election and tenure of members of the Boards of Roads and Revenues of Echols County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constituti~nal majority, was passed. HB 118. By Mr. Seagraves of Madison: A bill to fix a salary of the clerk of the Commissioner of Roads and Revenues and of the Commissioner of Roads of Madison County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 112. By Mr. Herren of Echols: A bill to repeal an act approved Feb. 22, 1943 (Ga. Laws 1943, pp. 955-959) which divided Echols County into three districts for the elections of County Commissioners; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 202 JOURNAL OF TlfE SENATE, On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 158. By Mr. Ray of Warren: A bill to amend the charter of the city of Norwood relating to the election of Mayor and Councilmen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 78. By Mr. Barwick of Grady: A bill to amend the charter of the city of Cairo to provide a City Manager 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 42, nays 0. The bill, having- received the requisite constitutional majority, was passed. HB 75. By Mr. Sills of Candler: A bill to fix the salary of the Mayor and Councilmen of the city of Metter; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. The president presented to the Senate his wife, daughter, and son. Senator Moate of the 20th asked for leave of absence because of illness and the request was granted. Senator Smith of the 24th moved that the Senate do now adjourn until lO o'clock tomorrow morning. Senator Millican of the 52nd moved that the Senate do now adjourn until 9 o'clock tomorrow morning. The motion of Senator Smith of the 24th prevailed and the president announced the Senate adjourned until lO o'clock tomorrow morning. TUESDAY, JANUARY 30, 1945 203 Senate Chamber, Atlanta, Georgia. Tuesday, January 30th, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading local bills of the Senate and House for final passage. 6. Putting on third reading general Senate and House bills for final passage. The consent was granted. The following bills and resolutions were introduced, read the first time and referred to committees: SB 93. By Senator Hawes of the 30th: A bill to be entitled an Act to fix a salary for the Deputy Clerk of Elbert Superior Court; and for other purposes. Referred to Committee on Counties and County :Matters. SB 94. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to provide that the license fees levied on commercial fishing boats shall run from January 1 to December 31 of the year issued, and for other purposes. Referred to Committee on Finance. 204 JOURNAL OF THE SENATE, SB 95. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to regulate the commercial gathering of oysters and to provide for a license and State Health Certificate; and for other purposes. Referred to Committee on Game and Fish. SB 96. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to authorize the State Game and Fish Commission to purchase an aeroplane to patrol the coastal waters of this State; and for other purposes. Referred to Committee on Game and Fish. SB 97. By Senators Gillis of the 16th, Edenfield of the 2nd and G_ould of the 4th: A bill to be entitled an Act to regulate the shipping of oysters in the shell; and for other purposes. Referred to Committee on Game a..J Fish. SB 98. By Senator Causey of the 46th: A bill to be entitled an Act to auth :.rize the operation of moving pictures within certain hours on the Sabbath Day; to provide elections upon petition of ten per cent of the registered voters objecting to showing of moving pictures on the Sabbath Day; and for other purposes. Referred to Committee on State of Republic. SB 99. By Senator Grayson of the 1st: A bill to be entitled an Act to prescribe conditions and regulations for common carriers by aircraft and to give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as thr Georgia Air Commerce Act; and for other purposes. Referred to Committee on Aviation. SB 100. By Senator Bennett of the 17th: A bill to be entitled an Act to amend the charter of the City of Sylvania to create a Pension Fund for city employees; and for other purposes. Referred to Committee on Municipal Government. SB 101. By Senator Mavity of the 44th: A bill to be entitled an Act to prohibit the use of steel traps for catching TUESDAY, JANUARY 30, 1945 205 wild animals in Walker county; and for other purposes. Referred to Committee on Game and Fish. SB 102. By Senator Minchew of the 5th: A bill to be entitled an Act to provide for a salary for the sheriff of Atkinson county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. The following bill of the House was read the first time and referred to committee: HB 79. By Mr. Lewis of Hancock: A bill to provide if no quorum of the Supreme Court are in attendance the justices in attendance may adjourn to a time agreed upon; and for other purposes. Referred to Committee on General Judiciary No. 1. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requ1s1te constitutional majority the following bills as amended of the Senate to wit: SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to authorize the Superior Courts of this State to render Declaratory Judgments; to provide for the procedure for obtaining declaratory judgments; to declare the effect thereof; for other relief in connection therewith; and for other purposes. SB 43. By Senator Welsch of the 39th: A bill to be entitled an Act to amend Section 5998 of the 1910 Code of Georgia providing for the compensation of deputy sheriffs for attendance upon certain Courts and elections, to provide for additional pay, or compensation, to deputy sheriffs for such services in counties having a population of not less than 37,000 and not more than 41,000, according to the last or any future Federal Census; to repeal all conflicting laws; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: 206 JOURNAL OF THE SENATE, Mr. President: The House has passed by the reqUISite constitutional majority the following bill and resolution of the House to wit: HB 79. By .Hr. Lewis of Hancock: A bill to be entitled an Act to provide for terms of the Supreme Court; and for other purposes. HR 42. By Messrs. Durden of Dougherty and Gowen of Glynn: A resolution resolving that the two Houses meet in joint session Tuesday, January 30th, 1945, for the purpose of unveiling the plaque of Hoke Smith and paying tribute to his memory. Senator Causey of the 46th District, Chairman of the Committee on General .I udiciary ]'\ o. 2, submitted the following report: Mr. President: Your Committee on General Judiciary No. 2 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 60. Do Pass by substitute Respectfully submitted, Causey of 46th district, Chairman. Mr. Nix of 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 9 SB 12 SB 22 SB 16 SB 23 SB 28 SB 35 SB 40 SB 51 SB 53 SB 56 SB 76 SB 79 SB 80 SB 81 TUESDAY, JANUARY 30, 1945 207 Respectfully submitted, Nix of 32nd district, Chairman. The following bill, reported favorably by the committee, was read the second time: SB 60. By Senator Holsenbeck of the 27th: A bill to be entitled an Act to provide the State shall pay Clerks of the Superior Court $1.00 each for recording enlistment and discharge records of members of the Armed Forces; and for other purposes. The following resolutions of the House and Senate were read and adopted: HR 42. By Messrs. Durden of Dougherty and Gowen of Glynn: A resolution that the House and Senate meet in joint session at 2:00 o'clock today for the purpose of unveiling a plaque of Hoke Smith and paying tribute to his memory. SR 17. By Senators Norton or the 33rd and Wellborn of the 40th: A resolution resolving that a committee of eight members, three from the Senate and five from the House, be appointed by the presiding officer to investigate conditions at the Tuberculosis Sanatorium at Alto and to make a report and recommendation by February 9th, 1945. The president appointed on the part of the Senate, Senators Norton of the 33rd, Bennett of the 17th and Brown of the 6th. 208 JOURNAL OF THE SENATE, Senator Millican asked unanimous consent that the following bill of the Senate be tabled: SB I I. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to create a public corporation to be known as "THE GEORGIA BAR"; and for other purposes. The consent was granted. The following bills were read the third time and put upon their passage: SB 64. By Senator Greene of the 21st: A bill to be entitled an Act to prohibit any person, firm or corporation from selling cemetery lots or mausoleum space upon the promise, representation or inducement to the purchaser that the same may be resold at a profit; and for other purposes. The report 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 73. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A' bill to be entitled an Act to provide for the appointment of Fertilizer Inspectors and that the tenure in office shall be at the discretion of the Commissioner of Agriculture; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 4. The bill, having received the requisite constitutional majority, was passed. The following House bil\s and resolutions were read the third time and put upon their passage: HB 3. By Mr. Harris of Richmond and others: A bill to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes. TUESDAY, JANUARY 30, 1945 209 The report 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 2. The bill, having received the requisite constitutional majority, was passed. HR 15. By Messrs. Fortson of Wilkes and Brumby of C::bb: A resolution providing members of the Armed Forces may drive motor vehicles while on furlough without procuring a driVI:r's license; and for other purposes. The report of the committee, which was favorable to adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 7. By Mrs. Guerry of Macon: A resolution to authorize the Governor to reconvey a tract of land to Macon county which was deeded to the State by Macon county. 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. The following bill was taken up for the purpose of considering a House amendment thereto: SB 43. By Senator Welsch of the 39th: A bill to be entitled an Act to provide deputy sheriffs of Cobb county shall be .paid $2.00 per day for attendance upon courts and elections; and for other purposes. The House offered the following amendment: Messrs. Dorsey and Brumby of Cobb moves to amend SB 43 as follows: By striking the word "three" in next to the last line of Section 1 and substituting therefor the word "five", so that this sentence shall read "For attendance upon elections, per day, $2.00,-Provided, however, in all counties having a population of not less than 37,000 and not more than 41,000 according to the last or any future Federal census, the deputy sheriffs shall be ent{tled to charge and collect the sum of five dollars per day for such attendance." 210 JOURNAL OF THE SENATE, Senator Welsch of the 39th moved that the Senate concur in the House amendment to SB 43, and the motion prevailed. On the motion to concur, the ayes were 34, nays 0 and the amendment was conLurred in. Senator Millican of the 52nd asked unanimous consent that action on SB 39 be postponed until tomorrow and that printed copies of its substitute be furnished. The consent was granted. Senator Sabados of the lOth moved that the Senate disagree on the House amendment to SB l3 and that a conference committee be appointed. The motion prevailed and the president appointed on the part of the Senate, Senators Sabados of the lOth, Harrell of the 7th and Freeman of the 22nd. Senator Freeman of the 22nd asked unanimous consent that further consideration of SB 68 be postponed until next Tuesday morning and the consent was granted SB 68. By Senator Freeman of the 22nd: A bill to be entitled an act to provide that title to real property conveyed to a purchaser or to a lender as security by the heirs of a deceased owner who has been dead two years or more and upon whose estate no proceedings of administration have been instituted, shall be discharged from all claims, debts and rights of creditors of such deceased owner unless such claims have been reported; and for other purposes. Senator Millican of the 52nd asked unanimous consent that SB 72 be recommitted to the Committee on Agriculture for the purpose of holding a public hearing tomorrow. SB 72. By Senators Minchew of the 5th and Nix of the 32nd: A bill to be entitled an Act to fix a minimum price for livestock and swine sold in this state; and for other purposes. The consent was granted. Superior Court Judge Hawkins of the Blue Ridge Circuit; Hon. Homer Edenfield, Mayor of Kingsland and former Senator, were introduced by the president. Senator Millican of the 52nd asked unanimous consent that SB 75 be recommitted to the Committee on Agriculture for the purpose of being amended. SB 75. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act to provide for the regulation of the packaging, labeling and sale of planting seed; and for other purposes. TUESDAY, JANUARY 30, 1945 211 The consent was granted. The wife of Senator McGinty of the 43rd; Hon. W. J. Morton of Jones County, and Solicitor G. Fred Kelly were presented to the Senate by the president. Senator Millican of the 52nd moved that the Senate adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 212 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Wednesday, January 31, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting upon third reading local Senate and House bills for final passage. 6. Putting upon third reading general Senate and House bills for final passage. The consent was granted. The president recognized in the gallery the Civic Class of the Smyrna High School, Miss Wimpy, teacher, and the LaGrange High School Government Class, Miss Tommie Martin, teacher. The following bills were introduced, read the first time and referred to committees: SB 103. By Senator Cloud of the 19th: A bill to be entitled an Act to amend the charter of the City of Crawfordville, to provide a water works Superintendent; to provide for a City Treasurer; to fix the salary of the marshal and night watchman and to provide for a Clerk of City Council; and for other purposes. Referred to Committee on Special Judiciary. SB 104. By Senator Edenfield of the 2nd: A bill to be entitled an Act to provide Mcintosh County shall pay an addi- WEDNESDAY, JANUARY 31, 1945 213 tional salary to the Judge and Solicitor General of the Atlantic Judicial Circuit; and for other purposes. Referred to Committee on Counties and County Matters. SB 105. By Senator Edenfield of the 2nd: A bill to be entitled an Act to provide for four terms of Mcintosh Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. SB 106. By Senators Harrell of the 7th, Norton of the 33rd, Nix of the 32nd and Wellborn of the 40th: A bill to be entitled an Act to provide a method for adopting illegitimate children without the records disclosing the illegitimacy of said child; and for other purposes. Referred to Committee on General JudiCiary No. 2. SB 107. By Senator Wellborn of the 40th: A bill to be entitled an Act to provide a method of showing a person has been restored to sanity after being committed to the State Hospital of the Insane; and for other purposes. Referred to Committee on General Judiciary No. 2. SB 108. By Senator Turner of the 35th: A bill to be entitled an Act to make it unlawful for any bank to acquire directly or indirectly a majority of the outstanding capital stock of any other bank in this State; and for other purposes. Referred to Committee on Banks and Banking. SB 109. By Senators Holsenbeck of the 27th and Gillis of the 16th: A bill to be entitled an act to provide that the Governor shall appoint two outstanding conservation farmers as members of the Board of Directors of the Georgia Association of Soil Conservation District Supervisors; and for other purposes. Referred to Committee on Conservation. SB llO. By Senator Grayson of the 1st: A bill to be entitled an Act to amend the charter of the City of Savannah by repealing all acts relating to pensions of city employees except the act 214 JOURNAL OF THE SENATE, approved February 11, 1941, with certain exceptions; and for other purposes. Referred to Committee on Municipal Governments. Mr. Drinkard of 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 7 SB 19 SB 20 SB 14 SB 43 SB 6 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Causey of the 46th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. President: Your Committee on General Judiciary No. 2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 11. Do Pass HB 45. Do Pass HB 19. Do Pass Respectfully submitted, Causey of 46th district, Chairman. Mr. Causey of the 46th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report: WEDNESDAY, JANUARY 31, 1945 215 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 69. Do Pass SB 70. Do Pass . SB 90. Do Pass Respectfully submitted, Causey of 46th district, Chairman. Mr. Cloud of the 19th 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 66. Do Pass HB 97. Do Pass HB 35. Do Pass HB 55. Do Pass HB 54. Do Pass Respectfully submitted, Senator Cloud of 19th district, Chairman. Mr. Moate of the 20th 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 66. Do Pass HB 65. Do Pass 216 JOURNAL OF THE SENATE, HB 159. Do Pass HB 189. Do pass HB 200. Do Pass HB 201. Do Pass HB 149. Do Pass HB 214~ Do Pass HB 237. Do Pass HB 238. Do Pass HB 203. Do Pass HB 92. Do Pass HB 103. Do Pass as amended SB 87. Do P'ass HB 137. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Cloud of the 19th 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 82. Do Pass HB 90. Do Pass HB 74. Do Pass Respectfully submitted, Senator Cloud of 19th district, Chair~an. Mr. Caldwell of the 37th District, Chairman of the Committee on Education and P'ublic Schools, submitted the following report: WEDNESDAY, JANUARY 31, 1945 217 Mr. President: Your Committee on Education and Public Schools have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 92. Do Not Pasa SB 77. Do Pass HB 36. Do Pass SB 31. Be withdrawn from the calendar Respectfully submitted, Caldwell of 37th district, Chairman. Mr. Turner of the 34th 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 157. Do Pass as amended HB 179. Do Pass HB 221. Do Pass HB 209. Do Pass HB 168. Do Pass HB 154. Do Pass HB 153. Do Pass Respectfully submitted, Turner of 34th district, Chairman. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to wit: 218 JOURNAL OF THE SENATE, HB 188. By Messrs. Harrison of Wayne, Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Williams of Appling and Claxton of Camden: A bill to be entitled an Act to fix the salary of the Solicitor General of the Brunswick Judicial Circuit at $5,200.00 per annum; and for other purposes. The following bill of the House was read the first time and referred to committee: HB 188. By Messrs. Harrison of Wayne, Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Williams of Appling and Claxton of Camden: A bill to be entitled an act to fix the salary of the Solicitor General of the Brunswick Judicial Circuit at $5,200.00 per annum; and for other purposes. Referred to Committee- on Special Judiciary. The following bills of the Senate and House, favorably reported by the committees, were read the second time: HB 97. By Mr. Williams of Jones: A bill to abolish the City Court of Gray; and for other purposes. HB 35. By Mr. Gowen of Glynn and others: A bill to provide for the retirement of Superior Court Judges, and for other purposes. HB 55. By Mr. Williams of Hinson and others: A bill to fix the salary for the official Court Reporter for the Waycross Judicial Circuit; and for other purposes. HB 153. By Mr. Moye of Randolph: A bill to amend the charter of the City of Cuthbert to provide for zoning ordinances and for other purposes. HB 154. By Mr. Banks of Lamar: A bill to amend the charter of the City of Barnesville to provide for a citywide vote for members of the City Council; and for other purposes. HB 168. By Mr. Lane of Polk and others: A bill to amend the charter of the City of Cedartown by providing zoning ordinances; and for other purposes. HB 209. By Mr. Pittman of Tift: A bill to amend the charter of the City of Tifton by providing the levy of an additional tax for school purposes ; and for cther purposes. WEDNESDAY, JANUARY 31, 1945 219 HB 221. By Mr. Gowen of Glynn: A bill to amend the charter of the City of Brunswick to provide that employes of the Brunswick-St. Simons Highway shall be included in the Pension System of the City; and for other purposes. HB 179. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an act to increase the tax for school purposes in Gainesville from 75c to $1.00 on each $100.00; and for other purposes. HB 11. Ey Mr. Weaver of Houston and others: A bill to amend Code Sections 60-604, and 60-612 of the 1933 Code relating to acknowledgment of service of petitions and process under the land registration law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes. HB 19. By Mr. Alexander of Chatham: A bill to provide for the use of photostatic copies of wills in the taking of testimony of out of State witnesses in the probate of wills; and for other other purposes. HB 103. By Mr. Rossee of Putnam: A bill to provide any Commissioner of Roads and Revenues of Putnam County who offers for re-election and is defeated shall not hold over, but the Governor shall appoint a Commissioner; and for other purposes. HB 137. By Mr. Hubert of DeKalb and others: A bill to create a DeKalb County Waterworks Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said Waterworks System; and for other purposes. HB 189. By Mr. Williams of Appling: A bill to create a Board of Commissioners of Roads and Revenues for Appling County; and for other purposes. HB 149. By Mr. Price of Clarke and others: A bill to fix the salary of the members of the Board of County Commissioners of Clarke County; and for other purposes. HB 36. By Messrs. Twitty and Hand of Mitchell: A bill to authorize the State Board of Education to set up and operate Area Trade, Vocational and Industrial Schools; and for other purposes. 220 JOURNAL OF THE SENATE, HB 54. By Mr. Dorsey of Cobb and others: A bill to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6,250.00 per year; and for other purposes. HB 82. By Mr. Hubert of DeKalb and others: A bill to provide for the distribution of fees of the Court Reporter of the Stone Mountain Judicial Circuit; and for other purposes. HB 90. By Mr. Shields of Muscogee and others: A bill to increase the salary of the judge of the Municipal Court of Columbus to $4,800.00; and for other purposes. HB 74. By Mr. Brock of Carroll and others: A bill to fix the salary for the official court reporter of the Coweta Judicial Circuit; and for other purposes. HB 45. By Mr. Sapp of Dougherty: A bill to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed Notaries PubliC; and for other purposes. HB 157 By Mr. Brooke of Whitfield: A bill to amend the charter of the City of Dalton to provide for a civil service commission for the city employees; and for other purposes. HB 201. By Mr. Kent of Glascock: A bill to create a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes. HB 200. By Mr. Kent of Glascock: A bill to repeal an act approved Feb. 16, 1943 (Ga. Laws 1943 pp. 10301042) establishing a Board of Commissioners of Roads and Revenues for the Counry of Glascock; and for other purposes. HB 237. By Messrs. Connell and Cowart of Lowndes: A bill to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. HB 238. By Messrs. Connell and Cowart of Lowndes: A bill to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. WEDNESDAY, JANUARY 31, 1945 221 HB 92. By Mr. Hardy of Jackson: A bill to fix the salaries of the Commissioners of Roads and Revenues of Jackson County; and for other purposes. HB 214. By Mr. Gibson of Seminole: A bill to provide five district trustees for the Spring Creek consolidated school district of Seminole County; and for other purposes. HB 65. By Mr. Mann of Henry: A bill to provide for four terms of the Henry Superior Court; and for other purposes. HB 66. By Mr. Mann of Henry: A bill to abolish the city court of Henry County; and for other purposes. HB 159. By Mr. Brooke of Whitfield: A bill to fix the salary for the Commissioner of Roads and Revenues of Whitfield County; and for other purposes. HB 203. By Mr. Manous of Cherokee: A bill to fix the salary of the Board of County Commissioners of Cherokee County; and for other purposes. SB 87. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the Act creating a Pension System for employees of Fulton County; and for other purposes. SB 31. By Senator Caldwell of the 37th: A bill to be entitled an Act to regulate the common school attendance of pupils, to define the authority and duties of attendance officers; and for other purposes. SB 77. By Senator Caldwell of the 37th: A bill to be entitled an Act to make it the duty of the State Board of Education to adopt rules for the taking of a School Census; and for other purposes. SB 66. By Senator Hawes of the 30th: A bill to be entitled an Act to increase the salary of the Solicitor General of the Northern Judicial Circuit; and for other purposes. 222 JOURNAL OF THE SENATE, SB 90. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Code Section 36-606 by adding at the end thereof a proviso that when such corporation is a municipality having a population of more than 250,000, such municipality shall acquire a fee simple title to the property condemned; and for other purposes. SB 70. By Senator Freeman of the 22nd: A bill to be entitled an Act to provide that heirs of a deceased owner of real estate may apply for and obtain from the ordinary an order finding that no administration on the estate is necessary i and for other purposes. SB 69. By Senator Freeman of the 22nd: A bill to be entitled an Act to provide for the deposit of $10.00 costs in all divorce cases instituted in this State; and for other purposes. The foliowing bills of the Senate were read the third time and put upon their passage: SB 39. By Senator Gross of the 31st: A bill to be entitled an Act to regulate the employment of children and to define hazardous occupations; and for other purposes. The Committee on State of Republic offered the following substitute: A bill to be entitled an act regulating employment of children, to provide hours for their employment; to define hazardous occupations, to provide penalties for the violation of this act; to repeal Chapter 54-3 of the Code of Georgia of 1933 relating to the regulation of child labor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same: SECTION ONE-MINIMUM AGE No minor under fourteen (14) years of age shall be employed, permitted or suffered to work in any gainful occupation at any time; provided that this law shall not be construed to apply to the work of a minor in agriculture, domestic service in private homes, or in employment by a parent or a person standing in place of a parent. No child under sixteen years shall be employed by or permitted to work in or about any mill, factory, laundry, manufacturing establishment or workshop nor in any occupation which has been designated as hazardous in accordance with Section Two of this Act. WEDNESDAY, JANUARY 31, 1945 223 SECTION TWO-HAZARDOUS INDUSTRIES No child under the age of sixteen years shall be employed, permitted or suffered to work at any of the following occupations or in any of the following positions: operating or assisting in operating any of the following machines: in the operation of power-driven woodworking machines; machines used in picking wool, cotton, hair or any other material; job or cylinder printing presses; boring or drilling presses; stamping machines used in sheet metal or tin ware, or in paper or leather manufacturing or in washer or nut factories; metal or paper-cutting machines; corner staying machines; steam boilers; dough brakes or cracker machinery of any description; wire or iron straightening or drawing machinery; rolling-mill machinery; power punches or shears; washing, grinding, or mixing machinery; laundering machinery; nor engaged in any work in or about a rolling, mill machine shop or manufacturing establishment, which is hazardous, or dangerous to health, limb or life; or in the proximity to any hazardous or unguarded gearing; or upon any railroad whether steam, electric or hydraulic; or upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this State. Nor shall any child under the age of sixteen years be employed, permitted, or suffered to work in any capacity, in, about, or in connection with any process in which dangerous or poisonous acids are used; nor in the manufacture or packing of paints, colors, white or red lead; nor in soldering; nor in occupations causing dust in injurious quantities, nor in the manufacture or use of poisonous dyes or poisonous gases; nor in the manufacture or use of compositions of lye in which the quantity is injurious to health; nor on scaffolding; nor in heavy work in the building trades; nor in any tunnel or excavation; nor in, about, or in connection with any mine, coke breaker, coke oven or quarry; nor be employed to operate any automobile, motor car or truck; nor to work in any bowling alley, elevators, picture show machines; nor in any place or occupation which the Commissioner of Labor may declare dangerous to life and limb or injurious to health or morals of children under sixteen years of age. SECTION THREE-WORK AT NIGHT No minor under sixteen ( 16} years of age shall be permitted to work for any person, firm, or corporation, as defined in Section One of the Act, between the hours of 9 P. M. and 6 A M. according to the standard time of the community in which employer shall be located. No minor under sixteen years of age shall be employed in the delivery of messages by any person, firms, or corporation engaged in the message service business or in the general work of messenger service between the hours of 9 P. M. and 6 A. M. SECTION FOUR-NIGHT DELIVERY AND SALE OF NEWSPAPERS Children under sixteen years of age shall be prohibited from the delivery or sale of newspapers from 9 P'. M. to 5 A. M. SECTION FIVE-MAXIMUM HOURS OF EMPLOYMENT No minor under sixteen years of age shall be employed, permitted or suffer to work in any gainful occupation covered by this Act for more than four (4) hours 224 JOURNAL OF THE SENATE, on any day in which school is in session, or more than eight (8) hours on days other than school days, or more than forty (40) hours in any one week. SECTION SIX-EMPLOYMENT DURING SCHOOL HOURS No minor under sixteen years of age shall be employed, permitted or suffered to work in any gainful occupation during the hours when public or private schools are in session, unless said minor has completed Senior High School. SECTION SEVEN-EMPLOYMENT CERTIFICATES No child between the ages of fourteen and sixteen years shall be employed by or permitted to work for any person, firm or corporation, as defined in section one of this Act, unless and until a certificate showing the true age of such child and that child is not less than fourteen years of age and is physically fit to follow the employment sought to be obtained, shall be issued by the superintendent of the schools (or by some member of his staff authorized by him in writing) in the county or city where said child resides. A like certificate shall be issued in cases of all children between the ages of sixteen and eighteen. The certificate must show that the said child is fully sixteen years of age to qualify said child to work between the hours of 9 P. M. ind 6 A. M. and to be employed in any of the occupations enumerated in Section Two of this Act. No employment certificate shall be issued to any child until he shall have submitted to the issuing officer: ( 1) A statement from the employer that at the present time, if he were furnished with a certificate from the school superintendent as required by law, he could place the child at work, giving the character of employment, it being understood that the employer shall not undertake to employ the child for any specific length of time, (2) A certified copy of a birth certificate or a legal transcript of parts thereof issued in accordance with the Georgia law. Upon the termination of the employment of any child between fourteen and sixteen years of age, the employer knowing of such termination, the employer shall return within five days the employment certificate to the authority issuing same, and thereafter a new certificate shall be issued only upon presentation by the child of a new statement for employment. If the employer shall have no knowledge of the child's having terminated employment, but the child shall have failed to appear for work during the period of thirty days, the employer shall then return the certificate to the authority issuing same. The certificate mentioned in the foregoing paragraph shall state the full name, date and place of birth of the child, with the name and address of the parent, guardian, or person sustaining the parental relationship to such child, and that the child has appeared before the officer, and the evidence of age required herein. Blank forms of these certificates shall be furnished by the Commissioner of Labor to the superintendents of schools in the respective cities and counties. A duplicate copy of each certificate shall be filed with the Commissioner of Labor within four days from its issuance. The Commissioner of Labor may, at any time, revoke any certificate if, in his judgment, the certificate was improperly issued. He is authorized to investigate the true age of any child employed, hear evidence, and require WEDNESDAY, JANUARY 31, 1945 225 the production of relevant books or documents. If the certificate shall be revoked, the then employer shall be notified, and the said child shall not thereafter be employed or permitted to labor until a new certificate shall have been legally obtained. Provided, that manufacturing plants desiring age certificates for minors eighteen to twenty-one, may request certificates from school superintendents who can use discretion as to their issuance. SECTION EIGHT-PENALTY Any person, agent, or representative of any firm or corporation, violating any of the provisions of this Act or any parent, guardian or other person standing parental relationship to any child, who shall hire or place for employment or labor any child under the age limit and other qualifications as fixed by this Act, or any superintendent of any county or city schools who shall issue a certificate, knowing its issuance to be illegal; or any person who shall knowingly furnish any untrue evidence with reference to day and place of birth of said child, shall be guilty of a misdemeanor. SECTION NINE-ENFORCEMENT It shall be the duty of the State Labor Department to enforce the provisions of this Act. SECTION TEN Title 54-3 of the Code of Georgia of 1933 relating to the regulation of child labor, the same is hereby repealed in its entirety. SECTION ELEVEN-CONSTITUTIONALITY OF ACT If any part of this Act is decided to be unconstitutional and void, such decision shall not affect the validity of the remaining parts of this Act unless the part held void is indispensable to the operation of the remaining parts, and all laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. SECTION TWELVE-EFFECTIVE DATE The provisions of this Act shall not become effective until six months after the signing of an armistice with Germany and Japan and designating the end of actual hostilities of this war with that country. Senator Millican of the 52nd offered the following amendment to the substitute of SB 39: Amend Substitute of SB 39, Section 12, by striking the last two words "that country" and inserting in lieu thereof the words "both countries". The amendment was adopted. Senator Freeman of the 22nd moves to amend committee substitute for SB 39 by inserting in section 5, line 3 the following words after the word school "attended by said minor" so that section 5 as amended shall read as follows: 226 JOURNAL OF THE SENATE, SECTION FIVE-MAXIMUM HOURS OF EMPLOYMENT No minor under sixteen years of age shall be employed, permitted or suffered to work in any gainful occupation covered by this Act for more than four (4) hours on any day in which school attended by said minor is in session, or more than eight (8) hours on days other than school days, or more than forty (40) hours in any one week. 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. On the passage of the bill, the ayes were 37, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute as amended. Mrs. Fannie Castlelow of Quitman County; former representative A. W. Peck and Judge J. M. Carroll of Dade County and Solicitor General Glenn Thomas of the Brunswick Circuit were introduced by the president. SB 60. By Senator Holsenbeck of the 27th: A bill to be entitled an act to provide the State shall pay Clerks of the Superior Court $1.00 each for recording enlistments and discharge records of members of the Armed Forces; and for other purposes. The committee on General Judiciary No. 2 offered the following substitute for SB 60: A BILL To be entitled an act to provide for compensation and the method of payment thereof to the Clerks of the Superior Courts of the State of Georgia for recording the enlistment records and discharges of any and all persons serving in the armed forces of the United States during the present war, generally called World War Number Two; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that for their services in recording the enlistment records and discharges of all persons serving in the armed forces of the United States in the present war, known as World War Number Two, the Clerk of the Superior Courts of the state and the several counties thereof, whose compensation is on a fee basis, shall be paid for each such recording the sum of fifty (50c), said sum to be paid by the county authorities in charge of the fiscal affairs of said county. Section 2. Be it further enacted by the authority aforesaid that at the end of WEDNESDAY, JANUARY 31, 1945 227 each quarter the Clerk of the Superior Court of each county in the state whose compensation is on a fee basis shall make out an itemized list of such recordings, giving the name of the serviceman and the date of the record and his serial number, which list shall be sworn to by the Clerk of the Superior Court of said county, and, also, statement shall be turned over to the county authority in charge of fiscal affairs, who shall issue or cause to be issued the proper voucher payable to the Clerk of the Superior Court for such recording fees. Section 3. Be it further enacted that no payment of any kind shall be made to a Clerk of the Superior Court in any county where the clerk is on a salary basis. Be it further enacted that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, the ayes were 21, nays 17. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Holsenbeck of the 27th gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass SB 60. SB 21. By Senators Gross of the 31st, Greene of the 21st, Harrell of the 7th and Shedd of the 3rd: A bill to be entitled an act to provide revenue for paying annuities and benefits to the Peace Officers of the State; and for other purposes. Senator Harrell of the 12th moved that the bill be postponed until Wednesday morning at 10:00 o'clock. The motion was lost. Senator Harrell of the 7th moved that the bill be postponed until 10:00 o'clock Monday morning. Senator Sabados of the lOth moved the ayes and nays and the motion prevailed. The roll call was as follows: Those voting in the affirmative were Senators: Baggett Bentley Branch Brown Cloud Cook Daves Deal Drake Drinkard Edwards Gillis 228 JOURNAL OF THE SENATE, Harrell of 12th Harrell of 7th Hodges McGinty Millican Moore Nix Norton Riley Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn Those voting in the negative were Senators: Bennett Causey Edenfield Freeman Grayson Greene Hill Holsenbeck Minchew P'eebles Rainey Sabados Those not voting were Senators Battle, Caldwell, Chastain, Gould, Hawes, Mavity, Moate and Yawn. By unanimous consent, the verification of the roll call was dispensed with. On the motion to postpone action on SB 21, the ayes were 31, nays 12, and the motion prevailed. The following message was read by the president: Atlanta, Ga., Jan. 30, 1945. Honorable Frank C. Gross, President of Senate, State Capitol, Atlanta, Ga.: The family of Doctor Wightman F. Melton wish to thank the members of the General Assembly for their kindly expression of love and sympathy expressed in the resolution recently adopted by them over the passing of Georgia's poet laureate, Doctor Melton. He loved you all. We deeply appreciate your sweet thoughtfulness. Dr. W. F. Melton. Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until tomorrow morning at 10:00 o'clock. THURSDAY, FEBRUARY 1, 1945 229 Senate Chamber, Atlanta, Georgia. Thursday, February 1, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by Rev. Roy Mathews, Pastor of the First Baptist Church, McDonough, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, 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: l. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting upon third reading local Senate and House bills for final passage. 6. Putting upon third reading general Senate and House bills for final passage. The consent was granted. Senator Holsenbeck of the 27th moved that the Senate reconsider its action in defeating SB 60 yesterday. and the motion prevailed. The bill was placed at the foot of the calendar. The following bills and/or resolutions were introduced, read the first time and referred to Committees: SB 111. By Senators Drake of the 8th, Gross of the 31st, Branch of the 47th, Wellborn of the 40th, Bentley of the 25th, Cook of the 42nd, Slaughter of the 50th, Holsenbeck of the 27th, Edenfield of the 2nd and Daves of the 14th: A bill to be entitled an Act to provide equal distribution of gasoline tax each month to the various counties; and for other purposes. Referred to Committee on Highways and Public Roads. 230 JOURNAL OF THE SENATE, SB 112. By Senator Mavity of the 44th: A bill to be entitled an Act to authorize the Governor to fix the salary of the director of the State Board of Social Security; and for other purposes. Referred to Committee on Public Welfare. SB 113. By Senator Edenfield of the 2nd: A bill to be entitled an Act to amend the charter of the city of Darien to authorize the City Council to close certain streets; and for other purposes. Referred to Committee on Municipal Governments. SB 114. By Senator Norton of the 33rd: A bill to be entitled an Act to amend the charter of the city of Gainesville by extending the city limits; and for other purposes. Referred to Committee on Municipal Governments. SB 115. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the motor fuel tax act by providing information, records and reports required under chapter 92-14 titled "Motor Fuel and Kerosene", shall be exempt from the provisions of this act; and for other purposes. Referred to Committee on Finance. SB 116. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal an Act approved March 24, 1939, (Georgia Laws 1939, Page 565); which provides the chief deputy of any Fulton County official shall succeed such official in case of a vacancy; and for other purposes. Referred to Committee on Counties and County Matters. SB 117. By Senator Millican of the 52nd: A bill to be entitled an Act to incorporate the historic military commands formerly conprising the Militia of this State and to create the title Commandant General; and for other purposes. Referred to Committee on Military Affairs. SB 118. By Senators Gross of the 31st, Causey of the 46th and Minchew of the 5th: A bill to be entitled an Act to establish a new schedule of fees to be charged THURSDAY, FEBRUARY I, 1945 231 by the sheriffs of this State for official duties performed, and for other purposes. Referred to Committee on General Judiciary No. 2. SB 119. By Senator Wall of the 9th: A bill to be entitled an Act to provide for the method of changing County lines within limits of incorporated Towns and Cities having a population of not less than 1,000 nor more than 1,500; and for other purposes. Referred to Committee on Municipal Governments. SB 120. By Senator Greene of the 21st: A bill to be entitled an Act to amend the charter of the city of Gray to enlarge the administrative powers of Council; and for other purposes. Referred to Committee on Municipal Governments. SB 121. By Senator G.ross of the 31st: A bill to be entitled an Act to provide a veteran of World War I who was in the final semester of his senior dental college and a member of the Georgia National Guards may be licensed as a dentist upon recommendation of the Board; and for other purposes. Referred to Committee on Hygiene and Sanitation. SR 18. By Senator Millican of the 52nd: A resolution proposing an amendment to paragraph 1, section 7, article 7 of the Constitution authorizing the City of East Point to acquire land and build a home for the East Point members of the American Legion as a memorial to East Point citizens killed in all wars; and for other purposes. Referred to Committee on Amendments to Constitution. Mr. President: The House has passed by the requiSite constitutional majority the following bill by substitute as amended of the Senate to wit: SB 5. By Senators Gross of the 31st and McGinty of the 43rd: A bill to be entitled an Act to repeal in its entirety Section 92-108 of the Code of Georgia of 1933 relating to the levy and collection of a poll tax; to Amend Section 34-103 of the Code of Georgia of 1933, relating to the form of oath required to qualify an elector; to repeal Sec. 34-115 of the Code of Georgia of 1933, etc.; and for other purposes. 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: 232 JOU~AL OF THE SENATE, HB 239. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an Act to increase the official bond of the Sheriff of Mitchell County, Georgia, to Ten Thousand Dollars, to authorize the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, to pay the premiums on such bond, under certain conditions, to repeal all conflicting laws; and for other purposes. HB 240. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled An Act providing the Bond of the Sheriff to the City Court of Camilla who shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff. HB 245. By Mr. Hefner of Pickens: A bill to be entitled an Act to amend an Act entitled, "An Act to create the office of Commissioner of Roads and Revenues of Pickens County," by striking the figures "$1,800" in Section 6 of said Act, pertaining to the salary of said Commissioner, and substituting in lieu thereof the figures "$2,400.00"; and for other purposes. HB 258. By Mr. Nicholson of Oconee: A bill to be entitled an Act to fix a salary for the Sheriff of Oconee County in addition to fees, and for other purposes. HB 265. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide a pension fund for permanent em- ployees or the County of Richmond; and for other purposes. The following resolution was read and adopted: SR 19. By Senator Gillis of the 16th: A resolution calling to the attention of the policy making heads of the Agricultural Adjustment Agency the serious mistake which has been made in changing the extent of its cooperation to the planters of Kudzu and urging immediate return of the agency to its former policy of aiding the farmer to plant unlimited amount of Kudzu. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bill THURSDAY, FEBRUARY 1, 1945 233 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 39 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 109. Do Pass Respectfully submitted, Shedd of 3rd district, Chairman. Mr. Turner of the 34th 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 58. Do Pass HB 152. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the 234 JOURNAL OF THE SENATE, following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 100. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Causey of the 46th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. President: Your Committee on General Judiciary No. 2 have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following' recommendations: SB 106. Do Pass SB 107. Do Pass HB 16. Do Pass Respectfully submitted, Causey of 46th district, Chairman. Mr. Smith of the 24th 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 Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 32. Do Not Pass HB 80. Do Pass HR 23. Do Pass SB 91. Do Pass Respectfully submitted, Smith of 24th district, Chairman. Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. President: Your Committee on Veteran Affairs have had under consideration the following THURSDAY, FEBRUARY 1, 1945 235 bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 72. Do Pass Respectfully submitted, Stone of 15th district, Chairman. Mr. Freeman of the 22nd 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: HB 12. Do Pass HB 106. Do Pass SB 98. Do Pass Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Holsenbeck of the 27th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following bills of the House and Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations. SB 75. Do Pass as amended HB 96. Do Pass Respectfully submitted, Holsenbeck of 27th District, Chairman. Mr. Turner of the 35th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. President: Your Committee on Banks and Banking have had under consideration the following bill of the Senate and have instructed me as Chairman, to rPport the same back to the Senate with the following recommendation: SB 108. Do Pass Respectfully submitted, Turner of 35th district, Chairman. 236 JOURNAL OF THE SENATE, Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 93. Do Pass SB 102. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. President: Your Committee on Veterans Affairs have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 39. Do Pass by substitute Respectfully submitted, Stone of 15th district, Chairman. The following House bills were read the first time and referred to committees: HB 239. By Mr. Hand of Mitchell: A bill to increase the official bond of the Sheriff of Mitchell County, Georgia, to ten thousand dollars ($10,000.00) to authorize the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, pay the premiums on such bond, under certain conditions, to repeal all conflicting laws; and for other purposes. Referred to Committee on Counties and County Matters. HB 240. By Mr. Hand of Mitchell: A bill to amend an act creating the City Court of Camilla, approved August THURSDAY, FEBRUARY I. 1945 237 17, 1905 and all acts amendatory thereof, and particularly Section 8 of said Act, so as to provide that the bond of the sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the City Court of Pelham, and to provide for payment of premiums on such bonds, when written by an acceptable indemnity company, by the Board of Commissioner of Roads and Revenues of Mitchell County, Georgia, under certain conditions; and for other purposes. Referred to Committee on Counties and County Matters. HB 245. By. Mr. Hefner of Pickens: A bill to amend an Act entitled, "An Act to create the office of Commissioners of Roads and Revenues of Pickens County," By striking the figures "$1,800" in Section 6 of said Act, pertaining to the salary of said commissioner and substituting in lieu thereof the figures "$2,400"; and for other purposes. Referred to Committee on Counties and County Matters. HB 258. By Mr. Nicholson of Oconee: A bill to fix the salary for the Sheriff of Oconee County in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 265. By Mr. Holley of Richmond and others: A bill to provide a pension fund for permanent employees of the County of Richmond; and for other purposes. Referred to Committee on Counties and County Matters. The following bills and resolutions of the Senate and House, favorably reported by the committees were read the second time: SB 107. By Senator Wellborn of the 40th: A bill to be entitled an Act to provide a method of showing a person has been restored to sanity after being committed to the state hospital of the insane ; and for other purposes. SB 106. By Senators Harrell of the 7th, Norton of the 33rd, Nix of the 32nd and Wellborn of the 40th: 238 JOURNAL OF THE SENATE, A bill to be entitled an Act to provide a method of adopting illegitimate children without the records disclosing the illegitimacy of said child; and for other purposes. SB 100. By Senator Bennett of the 17th: A bill to be entitled an Act to amend the charter of the city of Sylvania to create a Pension Fund for city employees; and for other purposes. SB 109. By Senators Holsenbeck of the 27th and Gillis of the 16th: A bill to be entitled an Act to provide that the Governor shall appoint two outstanding conservation farmers as members of the Board of Directors of the Georgia Association of Soil Conservation District Supervisors; and for other purposes: SB 93. By Senator Hawes of the 30th: A bill to be entitled an act to fix a salary for the Deputy Clerk of Elbert Superior Court; and for other purposes. SB 108. By Senator Turner of the 35th: A bill to be entitled an Act to make it unlawful for any bank to acquire directly or indirectly a majority of the outstanding capital stock of any other bank in this state; and for other purposes. SB 75. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act to provide for the regulation of the packaging, labeling and sale of planting seed, and for other purposes. SB 98. By Senator Causey of the 46th: A bill to be entitled an Act to authorize the operation of moving pictures within certain hours on the Sabbath Day; to provide elections upon petition of ten per cent of the registered voters objecting to the showing of moving pictures on the Sabbath Day; and for other purposes. SB 102. By Senator Minchew of the 5th: A bill to be entitled an Act to provide for the esalary for the Sheriff of Atkinson County in addition to fees; and for other purposes. THURSDAY, FEBRUARY 1, 1945 239 SB 91. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Title 92, Section 1, part 9, chapter 9231 by repealing paragraph C of section 92-3113 of the Code and substituting a new section to provide the method of figuring income tax for corporations and to provide the tangible property ratio, the salary and wages ratio, and the sales ratio are separately determined, the three percentages averaged, and the net income of the corporation allocated and apportioned to Georgia according to said average; and for other purposes. HB 152. By Mr. Kent of Glascock: A bill to amend the charter of the City of Gibson by providing for four members of Council instead of two; and for other purposes. HB 58. By Mr. Seagraves of Madison: A bill to amend the charter of the City of Comer to provide that Mayor and Council shall have authority to regulate the streets for business purposes; and for other purposes. HB 72: By Mr. Price of Clarke: A bill to create a War Veterans' Memorial Building Commission; to provide the powers and duties of such Commission; and for other purposes. HB 106. By Mr. McCracken of Jefferson: A bill to provide that the Judges of the Court of Appeals may administer oaths to members of the General Assembly; and for other purposes. HB 12. By Mr. Weaver of Houston and others: A bill to amend the Act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq) as amended by Act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421) by providing the adopting parents of a child adopted prior to said Act of 1941 may obtain birth certificate for such child in the same manner as provided in the Act; and for other purposes. HB 96. By Mr. Harris of Richmond and others: A bill to provide for reciprocation between the different states with the State of Georgia in transporting or selling farm products or products of orchards and groves within the boundary of the State of Georgia; and for other purposes. 240 JOURNAL OF THE SENATE, HB 16. By Mr. Kennon of Cook and others: A bill to fix a salary for the official reporter of the Alapaha Judicial Circuit at $2,000.00 per annum for reporting criminal cases; and for other purposes. HB 80. By Mr. Thrash of Coffee and others: A bill to provide for the redemption of bonds by the State, known as the Land Scrip Fund, now held by the Regents of the University System; and for other purposes. HR 23. By Mr. Key of Jasper: A resolution directing officials of the State Government and heads of departments to pay Workmen's Compensation claims of State Employees from funds appropriated to the various departments; and for other purposes. HB 39. By Mr. Price of Clarke and others: A bill to provide a fund to assist in the education of orphans of members of the Armed Forces killed in action in World War II, and for other purposes. The following bills of the Senate and House were read the third time and put upon their passage: SB 87. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the Act creating a Pension System for employees of Fulton County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 66. By Senator Hawes of the 30th: A bill to be entitled an Act to increase the salary of the Solicitor General of the Northern 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 bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 1, 1945 241 SB 90. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Code Section 36-606 by adding at the end thereof a proviso that when such corporation is a municipality having a population of more than 250,000 such municipality shall acquire a fee simple title to the property condemned; and for other purposes. The report 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 19. By Mr. Alexander of Chatham: A bill to provide for the use of photostatic copies of wills in the taking of testimony of out of state witnesses in the probate of wills; and for other purposes. The report 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 11. By Mr. Weaver of Houston and others: A bill to amend Code Section 60-604, and 60-612 of the 1933 Code of Georgia relating to acknowledgments of services of petitions and process under the Land Registration Law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Millican of the 52nd moved that the following bill be tabled: HB 45. By Mr. Sapp of Dougherty: A bill to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed Notaries Public; and for other purposes. The motion prevailed. 242 JOURNAL OF THE SENATE, Senator Sabados of the lOth requested that he be recorded as voting nay on the motion to table HB 45, and the request was granted. Senator Holsenbeck of the 27th asked unanimous consent that SB 74 be withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Agriculture. SB 74. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act empowering the Commissioner of Agriculture to assess and collect penalties from the manufacturer or mixer of feed-stuff where it is found deficient; and for other purposes. The consent was granted. The following uncontested House bills were read the third time and put upon their passage: HB 54. By Mr. Dorsey of Cobb and others: A bill to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6,250.00 a year; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 55. By Messrs. Williams and Hinson of Ware: A bill to fix the salary for the official court reporter for the Waycross Judicial Circuit; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 65. By Mr. Mann of Henry: A bill to provide for four terms of the Henry Superior Court; and for other purposes. THURSDAY, FEBRUARY I, 1945 243 The report 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 66. By Mr. Mann of Henry: A bill to abolish the City Court of Henry County; and' for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 74. By Mr. Brock of Carroll and others: A bill to fix a salary for the Official court reporter of the 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 bill, having received the requisite constitutional majority, was passed. H B 82. By Mr. Hubert of DeKalb and others: A bill to provide for the distribution of fees of the Court reporter of the Stone Mountain 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 biU, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 90. By Mr. Shields of Muscogee and others: A bill to increase the salary of the Judge of the Municipal Court of Columbus to $4,800.00; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 244 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. HB 92. By Mr. Hardy of Jackson: A bill to fix the salaries of the Commissioners of Roads and Revenues of Jackson County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 97. By Mr. Williams of Jones: A bill to abolish the city court of Gray; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 137. By Mr. Hubert of DeKalb and others: A bill to create a DeKalb County waterworks Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said waterworks system; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 149. By Mr. Price of Clarke and others: A bill to fix the salary of the members of the Board of County Commissioners of Clarke 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. THURSDAY, FEBRUARY I, 1945 245 HB 153. By Mr. Moye of Randolph: A bill to amend the charter of the city of Cuthbert to provide for zoning ordinances; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 154. By Mr. Banks of Lamar: A bill to amend the charter of Barnesville to provide for a city-wide vote for members of 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 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 168. By Mr. Lane of Polk and others: A bill to amend the charter of the city of Cedartown by providing for zoning ordinances; and for other purposes. The report of the committee, which was favorable to the passage of the hilt, 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 179. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an Act to increase the tax for school purposes in Gainesville from 75c to $1.00 on each $100.00; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 189. By Mr. Williams of Appling: 246 JOURNAL OF THE SENATE, A bill to create a Board of Commissioners of Roads and Revenues for Appling County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 200. By Mr. Kent of Glascock: A bill to repeal an Act approved Feb. 16, 1943 (Ga. Laws 1943, pp 10301042) establishing a Board of Commissioners of Roads and Revenues for the 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 201. By Mr. Kent of Glascock: A bill to create a Board of Commissioners of Roads and Revenues for the 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 203. By Mr. Manous of Cherokee: A bill to fix the salary of the clerk of the Board of County Commissioners of Cherokee County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 209. By Mr. Pittman of Tift: A bill to amend the charter of the city of Tifton by providing the levy of FRIDAY, FEBRUARY, 2, 1945 247 an additional tax for school 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 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 214. By Mr. Gibson of Seminole: A bill to provide five district trustees for the Spring Creek Consolidated School District of Seminole 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 221. By Mr. Gowen of Glynn and others: A bill to amend the charter of the city of Brunswick to provide that employees of the Brunswick-St. Simon Highway shall be included in the pension system 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 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 237. By Messrs. Connell and Cowart of Lowndes: A bill to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. The report 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 238. By Messrs. Connell and Cowart of Lowndes: A bill to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. 248 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. HB 157. By Mr. Brooke of Whitfield: A bill to amend the charter of the city of Dalton to provide for a Civil Service Commission for city employees; and for other purposes: Senator McGinty of the 43rd offered the following amendment: Amend HB 157 by inserting a comma at the end of Section 8 and adding thereto the words "insubordination or violation of any of the rules of commission." Further moved to amend Section 18 of HB 157 by striking therefrom the figure "65" and inserting in lieu thereof the figure "60". Further moved to amend said bill by striking from Section 20 the figure 3% and inserting in lieu thereof the figure 5%. The amendments were adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 159. By Mr. Brooke of Whitfield: A bill to fix the salary of the Commissioner of Roads and Revenue of Whitfield 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. Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until Monday morning at 10 o'clock. MONDAY, FEBRUARY 5, 1945 249 Senate Chamber, Atlanta, Georgia. Monday, February 5, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture and prayer was offered by Dr. E. R. Hooper, Professor of Toccoa Falls Bible Institute and former missionary to Ethiopia. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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 Millican of the 52nd 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/or resolutions were introduced, read the first time and referred to Committees: SB 122. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an Act to repeal Chapters 71-1 and 71-2 of Title 71 of the Code and substitute a new chapter 71-1 which provides that Notaries Public shall be appointed by the judges of the Superior Court; to fix the fees for their official acts; and for other purposes . Referred to Committee on General Judiciary No. 2. SB 123. By Senators Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an act to authorize the governing authority of the 250 JOURNAL OF THE SENATE, several counties of this State to conserve the ground water by limiting the number and size of wells; and for other purposes. Referred to Committee on Conservation. SB 124. By Senators Gross of the 31st, Stone of the 15th, Harrell of the 7th, Branch of the 47th and Millican of the 52nd: A bill to be entitled an act to repeal Chapter 101-1 of the Code and enact a new Chapter 101-1 providing for a Department of State Library; how appointed, term of office and qualifications; and for other purposes. Referred to Committee on State of Republic. SB 125. By Senators Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an act to authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses ; to provide for the inspection of school houses; and for other purposes. Referred to Committee on Education. SB 126. By Senator Harrell of the 7th: A bill to be entitled an act to amend the act creating the State Highway Department to provide for the offices of State Highway Director and Treasurer of the State Highway Department, and to fix their salaries; and for other purposes. Referred to Committee on State of Republic. SB 127. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an act to amend Code Section 34-1904 so as to include Members of the State Senate and House of Representatives shall file notice of their candidacy with the Ordinary of the County; and for other purposes. Referred to Committee on Privileges and Elections. SB 128. By Senators Gross of the 31st, Stone of the 15th, Harrell of the 7th, Branch of the 47th and Causey of the 46th: A bill to be entitled an act creating the Georgia Development Authority; to provide a Board of Directors and for their appointment and duties; authorizing the authority to construct, operate and maintain self-liquidating projects; and for other purposes. Referred to Committee on State of Republic. MONDAY, FEBRUARY 5, 1945 251 SB 129. By Senators Gross of the 31st, Stone of the 15th, Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an act to regulate the operation of road houses, cabin camps, tourist camps and public dance halls; and for other purposes. Referred to Committee on State of Republic. SB 130. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an act authorizing the several munici:nlities and counties of this State to acquire, construct, maintain and O;Jerate public parking places; and for other purposes. Referred to Committee on State of Republic. SB 131. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act giving the Director of State Highway Department authority to regulate the speed, classification and routing of any vehicle operating over the highways of the State; and for other purposes. Referred to Committee on Highways and P'ublic Roads. SB 132. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to repeal Code Sections 36-504, 36-506 and 36-507 and enacting three new sections relating to "Assessment of value and damages" and "Consequential damages" and "Finding of assessors, how and where entered"; and for other purposes. Referred to Committee on State of Republic. SB 133. By Senator Gross of the 31st: A bill to be entitled an act to provide an annual license fee on all persons advertising along the public roads and highways of this State; and for other purposes. (Immediately upon the reading of the caption the senator from the 31st asked unanimous consent that he be allowed to withdraw the above bill and the consent was granted and the bill was withdrawn.) SB 134. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to authorize the governing authority of the several counties of this State to enact zoning and planning ordinances; and for other purposes. Referred to Committee on Counties and County Matters. 252 JOURNAL OF THE SENATE, SB 135. By Senators Causey 01 the 46th and Harrell of the 7th: A bill to be entitled an act authorizing county Boards of Education to provide transportation for pupils and school employees; and for other purposes. Referred to Committee on Education. SB 136. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act to authorize the several municipalities and counties of this State to acquire, construct, maintain and operate public parking places ; and for other purposes. Referred to Committee on State of Republic. SB 137. By Senators Causey of the 46th, Harrell of the 7th and Branch of the 47th: A hill to be entitled an act authorizing the Director of State Highway Department to promulgate zoning and planning regulations for the use of lands and buildings adjacent to the highways of this State; and for other purposes. Referred to Committee on Highways and Public Roads. SB 138. By Senators Causey of the 46th and Harrell of the 7th: A hill to he entitled an act authorizing the State Highway Department to designate limited-access facilities and for the planning, designation, establishment, use, regulation, alteration and improvement of limited-access facilities; and for other purposes. Referred to Committee on Highways and Public Roads. SB 139. By Senators Harrell of the 7th and Branch of the 47th: A bill to he entitled an act authorizing the State Board of Education to receive Federal funds or other funds for adult education; and for other purposes. Referred to Committee on Veterans' Affairs. SB 140. By Senators Harrell of the 7th, Causey of the 46th and Branch of the 47th: A hill to be entitled an act to empower municipalities and other political subdivisions to promulgate, administer and enforce airport zoning regulations; and for other purposes. Referred to Committee on Aviation. MONDAY, FEBRUARY 5, 1945 253 SB 141. By Senators Harrell of the 7th, Branch of the 47th and Causey of the 46th: A bill to be entitled an act to authorize and direct the proper officials in all counties to pay the sheriffs a salary of $100 a month in addition to fees where such sheriffs are not now paid a salary in lieu of fees; and for other purposes. Referred to Committee on Counties and County Matters. SB 142. By Sepators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act to repeal Code Sections 34-1401, 34-1402, 34-1403 and paragraph 7 of Section 40-601 and to reenact a new paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballots, forms and tally sheets to the Ordinaries; and for other purposes. Referred to Committee on Privileges and Elections. SB 143. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act authorizing the governing authority of the several municipalities of this State to enact zoning and planning ordinances; to provide for planning boards al}d Boards of Adjustment; and for other purposes. Referred to Committee on Mu~icipal Governments. SB 144. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to officially adopt a system of coordinates for designating the positions of points on the surface of the earth within this State; and for other purposes. Referred to Committee on State of Republic. SR 145. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act establishing an optional method to condemn rights of way by the State Highway Department and counties; and for other purposes. Referred to Committee on Gene~al Judiciary No. 2. SB 146. By Senators Welsch of the 39th and Gross of the 31st: A bill to be entitled an act to enable local units of administration to establish and maintain classes or schools for the deaf; and for other purposes. Referred to Committee on School for the Deaf. 254 JOURNAL OF THE SENATE, SB 147. By Senators ,Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to amend Code Sections 40-303, 40-601 to provide that the Secretary of State shall appoint a guard for the Capitol Building; and ior other purposes. Referred to Committee on State of Republic. SB 148. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to amend subsections 9, 10, Il, 12 and 13 of Section 34-1303 of the Code by providing the Secretary of State shall canvass the votes and transmit the same to the General Assembly and by striking subsection 10 in its entirety and renumbering subsections 11, 12 and 13 to be known as 10, 11 and 12; and for other purposes. Referred to Committee on Privileges and Elections. SB 149. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to repeal Code Section 95-1715 and substituting a new section to authorize the State Highway Department to condemn property for public roads to ,the width of 200 feet and may condemn property tor borrow pits; and for other purposes. Referred to Committee on Gene;al Judiciary No. 2. SB 150. By Senators Harrell of the 7th, Branch of the 47th and Causey of the 46th: A bill to be entitled an act to be known as Motor Vehicle-Safety Responsibility Act; to make operators of motor vehicles to make a report of all accidents; and for other purposes. Referred to Committee on Motor Vehicles. SB 151. By Senators Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an act to amend an act approved March 27, 1941 (Georgia Laws 1941, pp. 237-238) by vesting in the Director of the State Highway Department the authority to acquire, build and operate airports; and for other purposes. Referred to Committee on Aviation. SB 152. By Senator Millican of the 52nd: A bill to be entitled an act proposing an amendment to Article 3, Section 7, paraj!raph 9 of the Constitution to limit motor license fees and motor fuel MONDAY, FEBRUARY 5, 1945 255 taxes for construction maintenance of highways only; and for other purposes. Referred to Committee on Amendments to Constitution. SB 153. By Senator Millican of the 52nd: A bill to be entitled an act to amend Code Section 12-601 by providing a maximum rate of interest which may be charged when property is pledged or pawned; and for other purposes. Referred to Committee on Finance. SR 20. By Senators Gross of the 31st and Harrell of the 7th: A resolution authorizing the State Properties Commission to sell t'wo acres of land located in the 8th District of Muscogee county; and for other purposes. Referred to Committee on Public Property. Mr. Nix of the 32nd District, Chairman of the Committee on EngrossiJrE submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 13 SB 66 SB 87 SB 90 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Drinkard of 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman to report thl! same back to the 256 JOURNAL OF THE SENATE, Senate as correct and ready for transmission to the Governor: SB 5 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. W. M. Holsenbeck of the 27th 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 74. Do Pass by substitute Respectfully submitted, W. M. Holsenbeck of 27th 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 148. By Messrs. Hicks, Littlejohn and Baker of Floyd: A bill to be entitled an Act to amend the Charter of the City of Rome by extending the City Limits; by increasing the Tax Limit from two and one-fourth to two and one-half per cent; to provide certain retirement pay to City Employees; and for other purposes. HB 196. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to be entitled an Act to amend the Charter of the City of Moultrie to confer extra-territorial jurisdiction over certain territory adjacent to its airbases; and for other purposes. HB 243. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an Act to amend an Act incorporating the Town of MONDAY, FEBRUARY 5, 1945 257 Lake Park, in Lowndes county, Georgia (Acts 1897, page 250), so as to authorize the governing authorities of said Town to close or dispose of certain property heretofore laid out and designated for street purposes; and for o.ther purposes. HB 248. By Messrs. Alexander, Connerat and MeNall of Chatham: A bill to be entitled an Act to amend the Charter of the town of Savannah Beach, Chatham county, Georgia; and for other purposes. HB 253. By Mr. Adamson of Clayton: A bill to be entitled an Act to change the name of the City of Marrow in Clayton county to the City of Morrow; and for other purposes. HB 259. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to amend the Charter of Augusta; and for other purposes. HB 260. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix minimum salaries and wages of the members of the police department of the City of Augusta; and for other purposes. HB 263. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to amend the charter of Augusta to provide that the Mayor of the city may be eligible to succeed himself one time; and for other purposes. HB 268. By Mr. Seagraves of Madison: A bill to be entitled an Act to abolish the City Court of Danielsville; and for other purposes. HB 274. By Mr. Arnold of Spalding: A bill to be entitled an Act to amend the charter of the City of Griffin, Georgia, approved July 21, 1921, and Acts amendatory thereof; and for other purposes. The_ following bills of the House were read the first time, and referred to committees: HB 148. By Mr. Hicks of Floyd and others: A bill to amend the Charter of the City of Rome by extending the City 258 JOURNAL OF THE SENATE, Limits; by increasing the Tax Limit from two and one-fourth to two and one-half per cent; to provide certain retirement pay to City Employees; and for other purposes. Referred to Committee on Municipal Governments. HB 196. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to amend the Charter of the City of Moultrie to confer extraterritorial jurisdiction over certain territory adjacent to its air bases; and for other purposes. Referred to Committee on Municipal Governments. HB 248. By Messrs. Alexander, Connerat and MeN all of Chatham: A bill to amend the Charter of the town of Savananh Beach to provide for the assessment of 34 of 1 per cent of the value of real and personal property and for maintaining a sea wall; and for other purposes. Referred to Committee on Municipal Governments. HB 243. By Mr. Connell of Lowndes: A bill to amend an Act incorporating the Town of Lake Park, in Lowndes county, Georgia (Acts 1897, page 250), so as to authorize the governing authorities of said Town to close or dispose of certain property heretofore laid out and designated for street purposes; and for other purposes. Referred to Committee on Municipal Governments. HB 253. By Mr. Adamson of Clayton: A bill to change the name of the City of Morrow in Clayton county to the City of Morrow; and for other purposes. Referred to Committee on Municipal Governments. HB 274. By Mr. Arnold of Spalding: A bill to amend the charter of the City of Griffin, to provide an increase in taxes and to remove all limitations as to salaries of City Officials and Employees; and for other purposes. Referred to Committee on Municipal Governments. HB 263. By Mr. Holley of Richmond and others: A bill to amend the Charter of the City of Augusta to provide that the MuNDAY, FEBRUARY 5, 1945 259 Mayor may be eligible to succeed himself one time; and for other purposes. Referred to Committee on Municipal Governments. HB 268. By Mr. Seagraves of Madison: A bill to abolish the City Court of Danielsville; and for other purposes. Referred to Committee on Special Judiciary. HB 260. By Mr. Holley of Richmond and others: A bill to fix minimum salaries and wages of members of the Police Department of the City of Augusta; and for other purposes. Referred to Committee on lVlunicipal Governments. HB 259. By Mr. Holley of Richmond and others: A bill to strike from the charter of Augusta that portion which regulates the salary of the Mayor by striking the words "Nor exceed the sum of $5,000.00," and for other purposes. Referred to Committee on Municipal Governments. Mr. Cloud of the 19th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following bills of the Senate and House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HB 188. Do Pass as amended. SB 103. Do Pass. Respectfully submitted, Hawes Cloud of 19th district, Chairman. Mr. Moats of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee ot C~>f said Section 1, "who shall serve as chairman at the pleasure of the Governor." The amendment was adopted. Senator Gould of the 4th offered the following amendment: Amend HB 72, Section 1, by inserting before the word "service" in line 4, Section 1, the word "military" so that this Section will read "some branch of the military service." 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. MONDAY, FEBRUARY 5, 1945 267 The bill, having received the requisite constitutional majority, was passed as. amended. HB 12. By Mr. Weaver of Houston and others: A bill to amend the act of the General Assembly approved March 27. 1941 (Georgia Laws 1941, page 300, et. seq), as amended by Act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421) by providing the adopting parents of a child adopted prior to said Act of 1941 may obtain birth certificate for such child in the same manner as provided in the 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 39. By Mr. Price of Clarke and others: A bill to provide a fund to assist in the education of orphans of members'of the Armed Forces killed in action in World War II; and for other purposes. Senator Stone of the 15th offered the following substitute to HB 39: A BILL To Be Entitled An Act to amend an act approved August 7, 1931, amending an act approvecl: April 10, 1926, which provided for the expenditure of certain sums to assist in the education of children of soldiers, sailors and marines killed in action in World War I, by providing identical aid to children of members of the armed forces of the United States killed in World War II, or who hav.e died subsequent to discharge from disabilities suffered as a result of service; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. This Act shall be cited: "The Major General Peter C. Harris Act," to recognize the magnanimity of the great Georgian and war~time Adjutant General of the Army (1917-1918) who devoted his well earned leisure in retirement to the orphans of men who fell in the battles of their country. Section 2. Said amendatory act is amended by striking section 2 in its entirety and adding in lieu thereof a new section, to be designated section 2, and to read as follows: "Section 2. From and after the passage of this act the State Department 268 JOURNAL OF THE SENATE, of Veterans Service is hereby authorized to expend from any funds which may hereafter be appropriated, or donated, such sums as might, in its discretion, be necessary to pay matriculation fees, tuition, subsistence, books, supplies for the use and benefit of children not under sixteen nor over twenty-one years of age, and who have, for a period of time not less than twelve months in duration immediately preceding the application for benefits hereunder, had their domicile in the State of Georgia, of members of the armed forces of the United States of America who were killed in action or died from other causes during a war period as defined in Public Law No. 2.-73rd Congress and by Public Law No. 246-78th Congress, or who died as a result of such service, which child or children are attending, or may attend any educational or training institution of a secondary or college grade located in this state. Such child or children shall be admitted to state institutions of secondary or college grade free of tuition." Section 3. Section 3 of said amendatory act is amended by striking therefrom the words "Director of the Veterans Service Office" and the words "Director" wherever the same occur and inserting in lieu thereof the words "State Department of Veterans Service," so that said section, when amended, will read as follows: "Section 3. Such amounts as might become due to any educational or training institution under this authority shall be payable to such institution from the funds referred to in section 2 of this act on vouchers approved by the State Department of Veterans Service. Said department shall determine the eligibility of applicants for benefits under this act, and shall satisfy itself of the attendance, good record and deportment of selectees, and of the accuracy of any representation against such made by the authorities of any such institution." Section 4. Section 4 of said amendatory act is amended by striking the character and figures, to wit: "$150.00" appearing in the first line of said section and inserting in lieu thereof the character and figures "$300.00," so that, when amended, said section will read as follows: "Section 4. It is provided that not more than $300.00 shall be paid under this law for any one child for any one year." Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. The 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 0. The bill, having received the requisite constitutional majority, was passed by substitute. MONDAY, FEBRUARY 5, 1945 269 HB 106. By Mr. McCracken of Jefferson: A bill to provide that the Judges of the court of Appeals may administer oaths to members 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. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution of the House was read and adopted: HR 28. By Messrs. Gowen and Gilbert of Glynn, Alexander and Connerat of Chatham: A resolution to establish a joint co~ittee from the House and Senate to inspect state ports and docks. The president appointed on the part of the Senate as committee the following: Senators Brown of the 6th, Mavity of the 44th, Walker of the 45th, Edenfield of the 2nd and Bennett of the 17th. The following bill was read the third time and put upon its passage: SB 108. By Senator Turner of the 35th: A bill to be entitled an Act to make it unlawful for any bank to acquire directly or indirectly a majority of the outstanding capital stock of ~ny other bank: 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 9, nays 19. The hill, having failed to receive the requisite constitutional majority, was lost. Senator Mavity of the 44th moved that the Senate adopt the following House amendment to SB 17 and the motion prevailed: Amend SB 17 by striking the words and figures seven thousand five hundred dollars ($7,500.00) per annum wherever they appear in the bill and inserting in lieu thereof the words and figures five thousand dollars ($5,000.00) per annum so as to make Section IX of said hill read as follows: "Be it further enacted by the authority aforesaid that the compensation of said commissioner shall not exceed $5,000.00 per annum to he paid monthly out of the 270 JOURNAL OF THE SENATE, county depository or treasury. Said Commissioner shall give his full time to the discharge of his duties as such." . Senator Freeman of the 22nd moved that the Senate agree to the House substi- tute to SB 5 as amended. Senator Sabados of the lOth moved the ayes and nays: A roll call was ordered and was as follows: Those voting in the affirmative were Senators: Baggett Battle Branch Brown Caldwell Causey Chastain Cloud Cook Daves Deal Drake Edenfield Edwards Freeman Gould Greene HarrelJ of 7th Hodges Holsenbeck Mavity McGinty Millican Minchew Moore Nix Norton Rainey Riley Sabados Shedd Slaughter Stone Turner of 34th Turner of 35th. Walker Wall Welsch Wellborn Yawn Hill Those voting in the negative were Senators: Bentley Drinkard Moate Those not voting were Senators Battle, Gillis, Grayson, Harrell of 12th, Hawes, Peebles and Smith. By unanimous consent the verification of the roll call was dispensed with. The House substitute as amended to Senate Bill No. 5 is as follows: A BILL To be entitled an Act to provide qualifications for voting, the method of registration of voters, the method of purging voters list by repealing in its entirety Section 92-108 of the Code of Georgia of 1933 relating to the levy and collection of a poll tax for educational purposes, by providing that the payment of the poll tax shall not be a requisite of voting, by amending Section 34-103 of the Code of 1933 relating to MONDAY, FEBRUARY 5, 1945 271 the form of oath required of an elector by striking that portion of the oath in reference to having paid all poll taxes, and lowering the age from 21 to 18, by amending Section 34-203 of the Code of Georgia relating to die list of persons being disqualified to vote by striking therefrom all reference to the non-payment of the poll taxes and providing ..for the removal from the registration list persons who have died and for the removal of persons from said list who have not"voted in an election at some time held in the past two years, by amending Section 34-204 of the Code of Georgia relating to the preparation of the list of disqualified persons by the Tax Collector and Clerk of the Superior Court so as to provide for the disqualification of voters who have not voted in an election in two years or signified their intention to do so, by amending Section 34-115 of the Code of 1933 in reference to permanent registrac tion so as to authorize registrars to require persons not voting in an election within a period of two years to either re-register or be stricken from the list by amending section 34-1303 of the Code relating to consolidation of returns by providing for transmission of certain election records to Tax Collector; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of a poll tax for educational purposes, which reads as follows: "There shall be levied and collected each year upon every inhabitant of the State between the ages of 21 and 60 years, on the day fixed for the return of property for taxation, a poll tax of $1, which shall be used for educational purposes in instructing children in the elementary branches of an English education only; Provided, that this tax shall not be demanded of blind persons, or female inhabitants of the State who do not register for voting. (Acts 1918, p. 44; 1921, p. 39; 1923, Extra Session, p. 21; 1927, p. 57;. 1935, p. 12)" be and it is, hereby repealed in its entirety. SECTION 2 That the payment of a poll tax shall not hereafter be a requisite for the exercise of the privilege of voting in any primary or election by the people. SECTION 3 That Section 34-103 of the Code of Georgia of 1933, relating to the form of oath required to qualify an elector, be, and it is, hereby amended by striking from said section the words: "that I have paid all poll taxes which I have had an opportunity of paying agreeably to law," and by striking the figures 21 where they appear and 272 JOURNAL OF THE SENATE, inserting 18, so that when so amended, said Code Section 34-103 shall read as follows: "The oath to qualify an elector shall be as follows: 'I do swear, or affirm, that i am a citizen of the United States that I am 18 years of age, or will be on the ---------------- day of ------------------------------------------------of this calendar; that I have resided in this State for one year, and in this county for six months, immediately preceding the date of this oath, or will have so resided on the ---------------- day of -------------------------------------------- of this calendar year; that I possess the qualification of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State, I further swear, or affirm, that I reside in the ---------------- district, G.M., or in the ---------------- ward of the city of ------------------------------------------------ at number ---------------- on --------------------------street; my age is .............., my occupation ------- my color is ----------" SECTION 4 Section 34-203 of the Code of Georgia of 1933 relating to the lists of persons disqualified to vote is hereby amended by striking therefrom the words "of non-payment of poll taxes" in line 6 by adding in line 9 the words "or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years," so that said Section 34-203 as amended shall read as follows: "Lists of persons disqualified to be filed-The tax collector, the ordinary and the clerk of the superior court of each county shall before the 20th day of April of each year, prepare and file with the county registrars a complete list, alphabetically arranged, of all persons living in the county on April 10 of that year, who appear to be disqualified from voting by reason of idiocy, insanity, or conviction of crime whose penalty is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years. Said list shall also show the race of such personthat is to say whether white or colored. SECTION 5 Section 34-204 of the Code of Georgia of 1933 relating to the preparation of the lists of disqualified persons by the tax collector and clerk of the superior court is hereby amended by striking therefrom the words "insolvent tax lists" in line 5 and the words "tax execution dockets and tax executions" in line 6 and by adding the MONDAY, FEBRUARY 5, 1945 273 words "the tax collector or tax commissioner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be discontinued for failure to vote in at least one election within the past two years" so that said Section 34-204 as amended shall read as follows: "Preparation of list of disqualified persons-In preparing said list of dis- qualified persons, the said tax collector, ordinary, and clerk of the superior court shall act upon the best evidence obtainable by them and they shall especially examine and consider the records of the criminal courts of the county, tax digests, wherever they may be. In the event that there is a difference of opinion among said three officers as to whether any name or names shall be placed on said list of disqualified persons, the concurrent votes of any two shall control in the matter. The tax collector or tax com- missioner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be dis- continued for failure to vote in at least one election within the past two years." SECTION 6 Section 34-115 of the Code of Georgia of 1933 in reference to permanent registration is hereby amended by adding in line 3 the words "no person shall remain a qualified voter who does not vote in at least one election within a two year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. "Within sixty (60) days after the first day of January in each year beginning January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner: "He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, state, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows: "You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st, of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person." 274 JOURNAL OF THE SENATE, "Application for continuation of registration: "I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter. ''Signature of elector ------------------------------------------------------------ "Present residence address---------------------------------------------------------- ''Date ----------------------------------------------------- "Effective April 1947 the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance andthe names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may reregister in the manner provided for original registration," so that Section 34-115, as amended, shall read as follows: "Qualified electors not required to again qualify and register-The electors who have qualified and have signed the permanent voters' book shall not thereafter be required to register or further qualify, except as may be required by the board of registrars. No person shall remain a qualified voter who does not vote inat least one election within a two year period unless he shall specifically request continuation ot his registration in the manner hereinafter provided. "Within sixty days after the first day of January in each year beginning on January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner: "He shall examine the registration cards and shall suspend the registration of all electors w!10 have not voted in any general, special, or Primary election, state, county, or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows: "You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st, of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person. "Application for continuation of registration: "I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter. "Signature of elector ----------------------------------------------:_____________, ''Present residence address -------------------------------------------------------- "Date ------------------------------------------------------------- MONDAY, FEBRUARY 5, 1945 275 "Effective April 1, 1947, the tax collector or the tax commissioner as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registrations. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered." SECTION 7. Section 34-1303 of the Code of Georgia of 1933 relating to the consolidation and disposition of election returns is hereby amended by adding to subsection 9 the following words "After the clerk of the superior court has retained same for the period required by law, he shall transmit same to the tax collector or tax commissioner, as the case may be, for his records" so that Section 34-1303, Subsection 9, as amended, shall read as follows: "Consolidation and returns to Secretary of State-The managers to consolidate the vote of the county shall consist of all those who officiated at the county site, or a majority of them, and at least one from each precinct. They shall make and subscribe two certificates, stating the whole number of votes each person received in the county; one of them, together with one list of voters and one tally sheet from each place of holding the election, shall be sealed up and without delay mailed to the Secretary of State; the other with like accompaniments, shall be directed to the clerk of the superior court of the county and be by him deposited in his office. After the clerk of the superior court has retained same for the period required by law, he shall transmit same to the tax collector or tax commissioner, as the case may be, for his records. Each of said returns shall contain copies of the original oaths taken by the managers of the courthouse and precinct. SECTION 8 All laws and parts of laws in conflict with this Act are hereby repealed. The report of the committee, which was favorable to the passage of the bill, by substitute as amended, was agreed to. On the passage of the bill, the ayes were 41, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute as amended. In the order of business the following bill was called up by the president for further consideration: SB 21. By Senators Gross of the 31st, Greene of the 21st, Harrell of the 7th and Shedd of the 3rd: 276 JOURNAL OF THE SENATE, A oill to be entitled an act to provide revenue for paying annutttes and benefits to the Peace Officers of the State; and for other purposes. The president read in part an opinion from Honorable T. Grady Head, Attorney General, stating that the bill involved an appropriation and was unconstitutional. The president ruled likewise. The president presented Governor Ellis Arnall; Hon. S. M. Goldwin, former Senator; John Lilly, City Manager of Quitman; and R. W. Hunter of Quitman, Georgia, to the Senate. Senator Millican of the 52nd 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 6, 1945 277 Senate Chamber, Atlanta, Georgia. Tuesday, February 6, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to otaer by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting upon third reading for final disposition of general Senate and House bills. The consent was granted. The president presented to the Senate Mr. L. A. Ponder, father of Mrs. Moore, attachee to the Secretary of the Senate. The Freshman Civic Class of DeKalb County School and their teacher were recognized by the president. The following message was received from the House through Mr. McCutchen, the Cleric thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate to wit: 278 JOURNAL OF THE SENATE, SB 67. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. The following message was received from the House through 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 157. By Mr. Brooke of Whitfield: A bill to be entitled an Act to amend the charter of the City of Dalton to provide for a Civil Service Commission for City employees and for a Retirement Fund; and for other purposes. 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 218. By Mr. Gibson of Seminole: A bill to be entitled an Act to provide additional regulations for the reregistration of voters in Seminole county, Georgia; to provide for new registration books and to require all persons in Seminole county to reregister on, or before, the. 1st day of January, 1946; and for other purposes. HB 285. By Mr. Willis of Irwin: A bill to be entitled an Act to fix the salaries of the Commissioners of Roads and Revenues and the Clerk of the Board in Irwin county; and for other purposes. HB 292. By Mr. Dorsey of White: A bill to be entitled an Act to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White county; and for other purposes. TUESDAY, FEBRUARY 6, 1945 279 HB 293. By Mr. Overby of Stewart: A bill to be entitled an Act to fix the salary of the disbursing clerk of Stewart county; and for other purposes. HB 294. By Mr. Overby of Stewart: A bill to be entitled an Act to fix the salary of the tax commissioner of Stewart county; and for other purposes. HB 302. By Mr. Campbell of Newton: A bill to be entitled an Act to fix the salary of the Treasurer of Newton county; and for other purposes. HB 310. By Messrs. Hooks and Smith of Emanuel: A bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Emanuel county shall fix the salary of the Clerk of the Board; and for other purposes. HB 311. By Messrs. Hooks and Smith of Emanuel: A bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Emanuel county may elect their own clerk; anil for other purposes. HB 318. By Mr. Greer of Lanier: A bill to be entitled an Act to create a three member Board of Commissioners of Roads and Revenues for Lanier county; and for other purposes. The following bills and/or resolutions were introduced, read the first time and referred to Committees : SB 154. By Senator Hill of the 36th: A bill to be entitled an Act to amend Code Section 24-2728 to provide increased fees for clerks of Superior Courts in counties of less than 65,000 population; and for other purposes. Referred to Committee on Special Judiciary. SB '155. By Senators Drake of the 8th and Freeman of the 22nd: A bill to be entitled an Act to amend Code Section 34-3402 to provide that 280 JOURNAL OF THE SENATE, political mass meetings may be held in the courthouse, or other public buildings; and for other purposes. Referred to Committee on State of Republic. SB 156. By Senator Welsch of the 39th: A bill to be entitled an Act to amend Chapter 26-81 of the Code to provide a new Section to be known as Section 26-8117, to make it a misdemeaoor, to empty, dump, or otherwise place trash, garbage, or other discarded materials upon the right-of-way of any public road, or highway; and for other purposes. Referred to Committee on General Judiciary No. 2. SB 157. By Senator Yawn of the 48th: A bill to be entitled an Act to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying same; and for other purposes. Referred to Committee on Counties and County Matters. SB 158. By Senator Yawn of the 48th: A bill to be entitled an Act to direct county authorities of Dodge county to pay J. C. Lewis, former sheriff, the sum of $1,775.80 to compensate him for loss of turnkey fees; and for other purposes. Referred to Committee on Counties and County Matters. SB 159. By Senator Yawn of the 48th: A bill to be entitled an Act to fix the venue of suits against insurance companies; to provide suits may be brought in the county of the residence of the insured or any beneficiary; and for other purposes. Referred to Committee on General Judiciary No.2. SB 160. By Senators Drake of the 8th and Gross of the 31st: A bill to be entitled an Act to provide for the distribution of motor fuel tax funds to the various counties on the basis of representation in the General Assembly; and for other purposes. Referred to Committee on Highways and Public Roads. SB 161. By Senators Edenfield of the 2nd and Gross of the 31st: A bill to be entitled an Act to create the Georgia Aeronautics Commission; TUESDAY, FEBRUARY 6, 1945 281 to prescribe their powers and duties, to provide for hearings and investigations; and for other purposes. Referred to Committee on Aviation. SR 21. By Senator Harrell of the 7th: A resolution to petition The Office of Dependency Benefits to maintain a more accurate system in determining persons entitled to receive allotments under the Federal grant of benefits to dependent wives and families of members of the armed forces; and for other purposes. Referred to Committee on Veterans Affairs. SB 162. By Senator Stone of the 15th: A bill to be entitled an Act to repeal Code Section 32-937 and substituting a new section 32-937 providing for free tuition in the public schools to children between 6 and 18 and provide veterans of World War II may attend the schools under rules adopted by the State Board of Education, regardless of age; and for other purposes. Referred to Committee on Veterans Affairs. SB 163. By Senator Yawn of the 48th: A bill to be entitled an act to amend the charter of City of Eastman by providing City Council shall not grant, ren~w or extend any public utility franchise in the City of Eastman without first having a referendum; and for other purposes. Referred to Committee on Municipal Governments. The following bills of the House were read the first time and referred to committees: HB 218. By Mr. Gibson of Seminole: A bill to provide a new registration book for voters in Seminole county and to require all persons to re-register before January 1st, 1946; and for other purposes. Referred to Committee on Counties and County Matters. HB 285. By Mr. Willis of Irwin: A bill to fix the salaries of the Commissioners of Roads and Revenues and the Clerk of the Board in Irwin county; and for other purposes. Referred to Committee on Counties and County Matters. 282 JOURNAL OF THE SENATE, HB 292. By Mr. Dorsey of White: A bill to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White county; and for other purposes. Referred to Committee on Counties and County Matters. HB 293. By Mr. Overby of Stewart: A bill to fix the salary of the disbursing clerk of Stewart county; and for other purposes. Referr~d to Committee on Counties and County Matters. HB 294. By Mr. Overby of Stewart: A bill to fix the salary of the tax commissioner of Stewart county; and for other purposes. Referred to Committee on Counties and County Matters. HB 302. By Mr. Campbell of Newton: A bill to fix the salary of the Treasurer of Newton county; and for other purposes. Referred to Committee on Counties and County Matters. HB 310. By Mr. Hooks of Emanuel and others: A bill to provide that the Board of Commissioners of Roads and Revenues of Emanuel county shall fix the salary of the Clerk of the Board; and for other purposes. Referred to Committee on Counties and County Matters. HB 311. By Mr. Hooks of Emanuel and others: A bill to provide that the Board of Commissioners of Roads and Revenues of Emanuel county may elect their own clerk; and for other purposes. Referred to Committee on Counties and County Matters. HB 318. By Mr. Greer of Lanier: A bill to create a three member Board of Commissioners of Roads and Revenues for Lanier county; and for other purposes. Referred to Committee on Counties and County Matters. TUESDAY, FEBRUARY 6, 1945 283 Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. Pr~sident: Your Committee on Veterans Affairs have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 84. Do .pass by substitute Respectfully submitted, Stone of 15th district, Chairman. Mr. Welsch of the 39th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report: Mr. President: Your Committee on General Judiciary 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 10. Do Pass HB 8. Do Pass HB 40. Do Pass HB 63. Do Pass HB 79. Do Pass SB 41. Do Not Pass SB 86. Do Pass SB 88. Do Not Pass Respectfully submitted, Welsch of 39th district, Chairman. Mr. Cook of the 42nd District, Chairman of the Committee on School for the Deaf, submitted the following report: 284 JOURNAL OF THE SENATE, Mr. President: Your Committee on School for the Deaf have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 146. Do Pass Respectfully submitted, Cook of 42nd district, Chairman. Mr. Edenfield of the 2nd 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 Senate and have instructed me as Chairman to report the same back: to the Senate with the following recommendation: SB 151. Do Pass Respectfully submitted, Edenfield of 2nd district, Chairman. Mr. Causey of the 46th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. President: Your Committee on General Judiciary No. 2 have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 118. Do P'ass Respectfully submitted, Causey of 46th district, Chairman. Mr. Caldwell of the 37th District, Chairman of the Committee on Education, submitted the following report: TUESDAY, FEBRUARY 6, 1945 285 Mr. President: Your Committee on Education 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: HB 47. Do_ Pass SB 125. Do Pass SB 135. Do Pass SB 33. Do Pass by substitute SB 31. Do Pass by substitute Respectfully submitted, Caldwell of 37th district, Chairman. Mr. Minchew of the 5th District, Chairman of the Committee on Public Welfare, submitted the following report: Mr. President: Your Committee on Public Welfare have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 112. Do Pass Respectfully submitted, Minchew of 5th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 114. Do Pass SB 113. Do Pass 286 JOURNAL OF THE SENATE, SB 119. Do Pass as amended SB 120. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th 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 110. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Moate of the 20th 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 127. Do Pass HB 128. Do Pass HB 129. Do Pass HB 131. Do Pass as amended HB 239. Do Pass HB 240. Do Pass HB 245. Do Pass HB 258. Do P'ass Respectfully submitted, Moate of 20th district, Chairman. TUESDAY, FEBRUARY 6, 1945 287 Mr. Drinkard of 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the Governor. SB 8 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 103 SB 104 SB 105 Respectfully submitted, Nix of 32nd district, Chairman. The following bills and resolutions of the Senate and House were favorably reported and read the second time: SB 135. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act authorizing county Boards of Education to provide transportation for pupils and school employees; and for other purposes. SB 33. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th, Freeman of the 22nd and Drake of the 8th: A bill to be entitled an act to provide compulsory school attendance of all children between 7 and 16 years of age; to provide for visiting teachers; and for other purposes. 288 JOURNAL OF THE SENATE, SB 125. By Senators Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an Act to authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses; to provide for the inspection of school houses; and for other purposes. SB 146. By Senators Welsch of the 39th and Gross of the 31st: A bill to be entitled an act to enable local units of administration to establish and maintain classes or schools for the deaf; and for other purposes. SB 151. By Senators Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to amend an Act approved March 27, 1941 (Georgia Laws 1941, pp. 237-238) by vesting in the Director of the State Highway Department the authority to acquire, build and operate airports; and for other purposes. SB 86. By Senators Gross of the 31st and Grayson of the 1st: A hill to he entitled an Act to provide for the appointment and removal of all Assistant Attorneys General by the Attorney General instead of the Governor; and for other purposes. SB 118. By Senators Gross of the 31st, Causey of the 46th and Minchew of the 5th: A bill to he entitled an Act to establish a new schedule of fees to he charged by the sheriffs of this State for official duties performed; and for other purposes. .SB 112. By Senator Mavity of the 44th: A bill to he entitled an Act to authorize the Governor to fix the salary of the director of the State Board of Social Security; and for other purposes. SB 119. By Senator Wall of the 9th: A hill to he entitled an Act to provide for the method of changing county lines within limits of incorporated towns and cities having a population of not less than 1,000 nor more than 1,500; and for other purposes. SB 113. By Senator Edenfield of the 2nd: A bill to be entitled an Act to amend the charter of the City of Darien to authorize the City Council to close certain streets; and for other purposes. TUESDAY, FEBRUARY 6, 1945 289 SB 120. By Senator Greene of the 21st: A bill to be entitled an Act to amend the charter of the City of Gray to enlarge the administrative powers of Council; and for other purposes. SB 114. By Senator Norton of the 33rd: A bill to be entitled an Act to amend the charter of the City of Gainesville by extending the city limits; and for other purposes. SB 110. By Senator Grayson of the 1st: A bill to be entitled an Act to amend the charter of the City of Savannah by repealing all acts relating to pensions of city employees except the act approved February 11, 1941, with certain exceptions; and for other purposes. HB 47. By Dr. Moye of Brooks: A bill to provide that voters in Brooks county living within municipality maintaining an independent school system shall not be eligible to vote for County School Superintendents; and for other purposes. HB 8. By Mr. Durden of Dougherty and others: A bill fixing the salary of the Deputy Clerk of the Court of Appeals; and for other purposes. HB 40. By Mr. Price of Clarke and others: A bill to provide that minors may contract for loans under Title 111 of Public Law No. 346, 78th Congress, and such contracts shall be valid; and for other purposes. HB 63. By Mrs. Mankin and Mr. Etheridge of Fulton: A bill to provide how a lien of carrier ot passengers on the baggage of passengers may be foreclosed; and for other purposes. HB 79. By Mr. Lewis of Hancock: A bill to provide if no quorum of the Supreme Court are in attendance the justices in attendance may adjourn to a time agreed upon; and for other purposes. HB 127. By Mr. Whaley of Telfair: A bill to provide that should a Commissioner of Roads and Revenues of Telfair county be inducted into the Armed Forces his office shall not be 290 JOURNAL OF THE SENATE, decreed vacant; to provide for the filling of the office; and for other purposes. HB 128. By Mr. Whaley of Telfair: A bill to reduce the official bond of the Sheriff of Telfair county from $10,000.00 to $5,000.00; and for other purposes. HB 129. By Mr. Whaley of Telfair: A bill to provide for a clerk to the Tax Commissioner of Telfair county and to fix the salary; and for other purposes. HB 131. By Mr. Whaley of Telfair: A bill to fix the fee of the Sheriff of Telfair county for feeding prisoners; and for other purposes. HB 239. By Mr. Hand of Mitchell: A bill to increase the official bond of the Sheriff of Mitchell county, Georgia, to Ten Thousand Dollars, to authorize the Board of Commissioners of Roads and Revenues of Mitchell county, Georgia, to pay the premiums on such bond, under certain conditions, to repeal all conflicting laws; and for other purposes. HB 240. By Mr. Hand of Mitchell: A bill to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all acts amendatory thereof, and particularly Section 8 of said Act, so as to provide that the bond of the Sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the City Court of Pelham, and to provide for payment of premiums on such bonds, when written by acceptable indemnity company, by the Board of Commissioners of Roads and Revenues of Mitchell county, Georgia, under certain conditions; and for other purposes . . HB 245. By Mr. Hefner of Pickens: A bill to amend an Act entitled, "An Act to create the office of Commissioner of Roads and Revenues of Pickens county," by striking the figures "$1,800" in Section 6 of said Act, pertaining to the salary. of said Commissioner, and substituting in lieu thereof the figures "$2,400.00"; and for other purposes. TUESDAY, FEBRUARY 6, 1945 291 HB 258. By Mr. Nicholson of Oconee: A bill to fix a salary for the Sheriff of Oconee county in addition to fees; and for other purposes. HR 10. By Messrs. Gowen and Gilbert of Glynn: A resolution providing for the payment of travel expenses to Superior Court Judges ; and for other purposes. The following local uncontested Senate bills were read the third time and put upon their passage: SB 103. By Senator Cloud of the 19th: A bill to be entitled an act to amend the charter of the City of Crawfordville, to provide a water works Superintendent; to provide for a City Treasurer; to fix the salary of the marshal and night watchman and to provide for a Clerk of 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 105. By Senator Edenfield of the 2nd: A bill to be entitled an Act to provide for four terms of Mcintosh 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. SB 104. By Senator Edenfield of the 2nd: A bill to be entitled an Act to provide Mcintosh County shall pay an additional salary to the Judge and Solicitor General of the Atlantic 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 28, nays 0. 292 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed. The following bills of the House were read the third time and put upon their passage: HB 188. By Mr. Harrison of Wayne and others: A bill to fix the salary of the Solicitor General of the Brunswick: Judicial Circuit at $5,200.00 per annum; and for other purposes. The Committee on Special Judiciary offered the following amendment: Amend HB 188 by adding another section to said bill to read as follows: "The effective date of said bill shall be February 1, 1945". Said section to be added to the bill immediately proceeding the repealing clause. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed as amended: HB 58. By Mr. Seagraves of Madison: A bill to amend the charter of the City of Comer to provide that Mayor and Council shall have authority to regulate the 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 152. By Mr. Kent of Glascock: A bill to amend the charter of the City of Gibson by providing for four members of city council instead of two; and for other purposes. The report 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. TUESDAY, FEBRUARY 6, 1945 293 The bill, having received the requisite constitutional majority, was passed. HB 16. By Mr. Kennon of Cook and others: A bill to fix the salary for the official reporter of the Alapaha Judicial Circuit at $2,000 per annum for reporting criminal cases; 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. Senator Millican of the 52nd moved that SB 75 be recommitted to the Commit- tee on Agriculture for correction, and the motion prevailed. HB 35. By Messrs. Gowen of Glynn, Connell of Lowndes and Harris of Richmond: A bill to provide for the retirement of Superior Court Judges; and for other purposes. Senators Freeman of the 22nd and Millican of the 52nd offered the followin~r amendment: Amend HB 35 by striking from Section 2 the words and figures "10" and inserting in lieu thereof the words and figures "12". The amendment was adopted. Senator Harrell of the 12th offered the following amendment: Amend HB 35 by striking from Section 3 the words "provided, however, that any Judge of the Superior Courts of this state who offers for re-election, and is defeated in the primary election or regular election, shall not be eligible to apply for or accept appointment as a Judge of the Superior Courts Emeritus." The amendment was adopted. Senator Turner of the 34th offered the following amendment: Amend HB 35, Section 4, by striking the figures "2/3" and the words "twothirds" wherever the same appears and substitute the figures "1/2" and the words "one-half" in lieu thereof. The amendment was adopted. Senat~r Grayson of the 1st moved the ayes and nays and the motion prevailed. 294 JOURNAL OF THE SENATE, The roll call was as follows : Those voting in the affirmative were Senators: Branch Brown Causey Cloud Daves Deal Drake Freeman Grayson Harrell of 12th Harrell of 7th Hawes Hill Mavity Millican Moate P'eebles Riley Stone Turner Yawn Those voting in the negative were Senators: Baggett Caldwell Chastain Drinkard Edenfield Edwards Gould Greene Hodges Holsenbeck McGinty Minchew Moore Nix Norton Rainey Sabados Shedd Slaughter Smith Turner Welsch Wall Wellborn Not voting were Senators Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Cook of the 42nd, Gillis of the 16th and Walker of the 25th. By unanimous consent the verification of the roll call was dispensed with. The report 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 24. The bill; having failed to receive the requisite constitutional majority, was lost. Senator Harrell of the 7th gave notice that at the proper time he would move that the Senate reconsider its action in the failure to pass HB 35. The following bills were read the third time and put upon their passage : SB 102. By Senator Minchew of the 5th: A bill to be entitled an Act to provide for a salary for the Sheriff of Atkinson County in addition to fees; and for other purposes. TUESDAY, FEBRUARY 6, 1945 295 The report 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. T~e bill, having received the requisite constitutional majority, was passed. SB 77. By Senator Caldwell of the 37th: A bill to be entitled an Act to make it the duty of the State Board of Education to adopt rules for the taking of a school census; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 69. By Senator Freeman of the 22nd: A bill to be entitled an Act to provide for the deposit of $10.00 costs in all divorce cases instituted in this State; and for other purposes. Senator Harrell of the 12th moved that SB 69 be indefinitely postponed 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 33, nays 9. The bill, having received the requisite constitutional majority, was passed. Senator Sabados of the lOth asked that he be recorded as voting nay on the passage of this bill, and the request was granted. Senator Minchew of the 5th moved that SB 72 be recommitted to the Committee on Agriculture and the motion prevailed. SB 72. By Senators Minchew of the 5th and Nix of the 32nd: A bill to be entitled an Act to fix a minimum price for live stock and swine sold in this State; and for other purposes. Senator Millican of the 52nd moved that SB 74 be recommitted to the Committee on Agriculture and the motion prevailed. 2% JOURNAL OF THE SENATE, SB 74. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act empowering the Commissioner of Agriculture to assess and collect penalties from the manufacturer or mixer .of feed stuff where it is found to be deficient; and for other purposes. SB 106. By Senators Harrell of the 7th, Norton of the 33rd, Nix of the 32nd and Wellborn of the 40th: A bill to be entitled an Act to provide a method for adopting illegitimate children without the records disclosing the illegitimacy of said 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 37, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Millican of the 52nd asked unanimous consent that SB 31 be postponed indefinitely and the consent was granted. Senator Holsenbeck of the 27th moved that the following bill be tabled: SB 60. By Senator Holsenbeck of the 27th: A bill to provide the state shall pay Clerks of the Superior Court.$1.00 each for recording enlistment and discharge records of members of the Armed Forces; and for other purposes. The motion prevailed. Senator Freeman of the 22nd moved that the following bill be tabled: SB 68. By Senator Freeman of the 22nd: A bill to be entitled an Act to provide that title to real property conveyed to a purchaser or to a lender as security by the heirs of a deceased owner who has been dead two years or more and upon whose estate no proceedings or administration have been instituted, shall be discharged from all claims, debts and rights of creditors of such deceased owner unless such claims have been reported; and for other purposes. The motion prevailed. Mr. Dean, international president of Kiwanis Club, and his wife, from the State TUESDAY, FEBRUARY 6, 1945 297 of Michigan, were presented to the Senate by the president. The president introduced Hon Hamilton Holt, 1\tlacon, Georgia; Hon. Marvin Pierce of Terrell County; former Senator P. J. Sisk and Judge Gowan to the Senate. SB 84. By Senators Stone of the 15th, Grayson of the 1st, Millican of the 52nd, Norton of the 33rd, Greene of the 21st, Causey of the 46th, Drake of the 8th, Rainey of the 11th, Gould of the 4th, Cook of the 42nd, Minchew of the 5th, Freeman of the 22nd, Smith of the 24th, Mavity of the 44th and Moate of the 20th: A bill to be entitled an Act to create an integrated State Department of Veterans Service; to provide for the employment of members thereof and for a Director of the Department; and for other purposes. Senator Stone of the 15th offered the following substitute to SB 84: A BILL To be Entitled an Act to make comprehensive provision for an integrated Veterans Service for Georgia; to create a State Department of Veterans Service; to provide for a Board of Veterans Service and Director; to provide for appointment, selection, powers, duties, compensation, authority of the State Department of Veterans Service and the offices thereof; to provide for the expansion of Veterans Service work under the State Department of Veterans Service ; to provide for educational services, prosecution of claims of veterans, widows and dependents; to provide for severability of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME: Section 1. There is hereby created within the State Government a State Department of Veterans Service. The Department of Veterans Service shall be administered by a State Director of Veterans Service and a State Board of Veterans Service comprised of seven members. The Director of Veterans Service shall be the executive officer of the Department and shall be charged with the administrative responsibilities of the Department in conformity with the orders, rules and regulations of the State Board of Veterans Service. The first appointments to the State Board of Veterans Service shall be made by the Governor for terms beginning April 1, 1945. The original appointments of the members of the Board shall be for terms of l, 2, 3, 4, 5, 6 and 7 years, respectively. Thereafter all terms and appointments, except in cases of vacancy, shall be for seven years. No person shall be appointed to the State Board of Veterans Service and no person shall be eligible for the office of Director of Veterans Service except such as have honorably served not less than three months in the armed services of the United States during a war in which the 298 JOURNAL OF THE SENATE, United States was engaged.. All persons serving as members of the Board or as Director under the terms and provisions of this Act, shall be residents of this State for a period of five rears unless they were residents of the State of Georgia at the time they volunteered, enlisted or were inducted in the armed services of the United States. There shall be a Chairman, Vice-Chairman, and Secretary of the State Board of Veterans Service designated by the Governor. Annually thereafter the Board shall elect these officers from among its own membership. The State Department of Veterans Service shall succeed to and be vested with all powers and duties now conferred by law upon t~e State Veterans Service Office and the officers thereof, together with such additional powers and duties as may hereafter be provided. The members of the State Board of Veterans Service shall be confirmed by the State Senate. All members of the Board and the Veterans Service Director shall hold office until their successors are appointed and qualified. Any appointment of a member of the Board for a full term made when the Senate is not in session, shall be effective only until the same is acted upon by the State Senate. Section 2. The State Board of Veterans Service shall meet once each month in the offices of the State Department of Veterans Service, and at such meetings shall give attention to all things and matters properly coming under the jurisdiction of the Board. The meetings herein provided shall be for stated regular periods, but shall not exceed more than two days in any one session. Call meetings of the Board may be had by the Chairman thereof or by the Director of Veterans Service. Members of the Board shall receive no per diem or other payment except actual traveling expenses and actual expenses incurred when upon attendance upon meetings of the Board. Section 3. All vacancies on the Board occasioned by death, resignation or other cause shall be filled by appointment of the Governor for the unexpired term subject to confirmation by the Senate at the next session of the General Assembly. Section 4. The State Board of Veterans Service shall recommend to the Director matters of policy, procedure and work projects. It shall be the duty of the Director to effectuate and carry out the laws of the State pertaining to veterans, and likewise to perform the duties required of him by law and by regulation of the Board. The State Board of Veterans Service shall select a Director of Veterans Service who shall serve for a term of four years who shall be Chief Executive and Administrative Officer of the Department and the Board. The said Director shall serve during good behavior, provided, however, the Board can at any time for good and sufficient cause properly shown dispense with the services of the Director. The Board is authorized to adopt and cause to be used an official seal for the Department. Section 5. The State Board of Veterans Service shall fix the compensation of the Director at not more than $6,000.00 per annum, payable in semi-monthly installments. The Director, as Executive Officer of the Department of Veterans Service and the Board shall be in charge of the administration of all matters pertaining to TUESDAY, FEBRUARY 6, 1945 299 veterans' affairs under the terms and provisions of this Act, and in conformity with rules and regulations of the Board. It shall be the duty of the Director to furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under Federal legislation, State legislation or local ordinances; to assist all veterans, their dependents and beneficiaries, in the preparation and prosecution of claims before appropriate Federal governmental departments; to report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of governmental agencies dealing with veterans' affairs to the proper authority; and generally to do and perform all things for the promotion and the interest of and for the protection of the veterans of Georgia as to their rights under all Federal and State laws now or hereafter enacted. Section 6. The State Department of Veterans Service and the State Board thereof is empowered to accept gifts, grants and other contributions from the Federal Government, or fro many other governmental unit, and gifts, grants, donations or contributions of money, facilities and services from individuals and organizations. Section 7. The Director of the State Department of Veterans Service shall furnish the Governor, the members of the General Assembly, the State Board of Veterans Service, .veterans organizations, and the public generally, an annual report with reference to claims presented on behalf of veterans of this State, as to the veterans aided under Federal, State or local legislation, and to otherwise report the activities and accomplishments of the Department. Section 8. The Director of the State Department of Veterans Service is authorized and directed to employ competent personnel to assist in the administration of the Department of Veterans Service. The Director shall give reasonable preference to veterans, their widows and dependents in the matter of employment in the State Department of Veterans Service, provided, however, that competency and efficiency shall not be sacrificed because of veteran affiliation, relationship or service. It shall be the duty of the Director to advise the Governor, the Board of Veterans Service and the General Assembly as to needed veterans' legislation. As Executive Officer the Director shall have exclusive authority to employ personnel necessary to carry out the purposes of this Act, shall define the duties of employees, assign their official stations, and fix their compensation. Section 9. The Director shall maintain full, adequate and complete copies of the service records of all Georgia veterans who served during any war in which the United States has been engaged, and shall include both enlisted personnel and personnel selected under the National Selective Service Act. Section 10. The Director of the State Department of Veterans Service shall exercise a broad discretion in extending to veterans the aid and assistance provided by law, and shall extend the services of the State Department so as to make av:;tilable to all veterans the aid and services contemplated under provisions of law. In rendering the services required, the Director is authorized and empowered to consistendy advance the interests of veterans of Georgia, and to extend the Veterans Service Department to the full limit of appropriations and funds provided by law. 300 JOURNAL OF THE SENATE, Section 11. The Director of Veterans Service shall maintain a division of the Department of Veterans Service dealing exclusively with the education of war veterans, which said division shall be administered in conformity with the recommendations of the Georgia State Veterans Education Council. The Director, Department, Board, and Division shall work cooperatively with the State Department of Education, the United States Veterans Administration and the high educational institutions that are properly qualified in such manner as may be necessary to assist veterans to procure and take advantage or any right or privilege now existing or hereinafter enacted under any Federal statute, State or local law. Section 12. The State Department of Veterans Service, all officers and employees thereof, shall work consistently and diligently in all matters, and particularly shall undertake to conduct an educational program for the information of veterans, their widows and dependents, as to any and all rights accruing to such veterans under National, State and local law. The Director of Veterans Service and the members of the Board are directed to conduct educational programs by personal appearances before veterans' organizations, service clubs, fraternal groups and other such organizations so as to acquaint the public generally with the work of the Department and the rights and privileges of veterans. The Director of Veterans Service, the Board and the Department :ue authorized and directed to make available any regions, locations and areas throughout this State, representatives of the Department, to assist veterans, widows and dependents in the preparation and filing of claims for benefits and in acquainting them with all legal rights and privileges. Section 13. The Director of Veterans Service shall, in addition to the duties herein provided: (a) Acquaint himself, his assistants and employees, with the laws, Federal, State and local, enacted for the benefit of members of the armed forces, veterans, their families and dependents; make studies of, and collect data and information as to the facilities services available to them; and cooperate with information or service agencies and organizations throughout the State in disseminating and furnishing counsel and assistance of benefit to residents of Georgia who are or have been members of the armed forces, their families and dependents which will show the availability of: 1. Educational training and re-training facilities; 2. Health, medical, rehabilitation and housing services and facilities; 3. Employment and re-employment services; 4. Provisions of Federal, State and local laws affording financial rights, privileges and benefits; 5. Other matters of similar, related or appropriate nature. TUESDAY, FEBRUARY 6, 1945 301 (b) Assist veterans and their families and dependents, in the preparation, presentation, proof and establishment of such claims, privileges, rights and other benefits accruing to them under Federal, State and local laws. (c) Cooperate with all National, State and local governmental and private agencies securing or offering services or any benefits to veterans, their families and dependents. Section 14. All phases, sentences, clauses, sections and parts of this Act are enacted severably. Section 15. All laws or parts of laws in conflict with this Act are hereby repealed. Senator Sabados of the lOth offered the following amendment to the substitute toSB84: Amend SB 84 by adding to line 13 in Section 4 the words "after a hearing before said State Board of Veterans Service, at which hearing said director shall be heard, in person, by counsel or both." The amendment was adopted. Senator Stone of the 15th offered the following amendment to the substitute for SB 84: Amend SB 84 by adding a comma at the end of Section 6 thereof, and by inserting the following additional words to wit: "In addition to any funds appropriated by the State," so that said Section 6, as amended, shall read: "Section 6. The State Department of Veterans Service and the State Board thereof is empowered to accept gifts, grants and other contributions from the Federal Government, or from any other governmental unit, and gifts, grants, donations or contributions of money, facilities and services from individuals and organizations, in addition to any funds appropriated by the State". The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, hy substitute as amended, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute as amended. SB 70. By Senator Freeman of the 22nd: 302 JOURNAL OF THE SENATE A bill to be entitled an Act to provide that heirs of a deceased owner of real estate may apply for and obtain from the ordinary an order finding that no administration on the estate is necessary; and for other purposes. Senator Freeman of the 22nd offered the following amendment: Amend caption of SB 70 by inserting after the word "finding" in last line the words "to provide for fees for Ordinary". To amend further by adding new paragraph to be known as paragraph 8. "Paragraph 8-For receiving the application, docketing and filing the same, granting order for citation to be published, holding the leaving, granting order and recording the proceedings, the Ordinary shall be entitled to the same fees which are allowed for similar acts" in administration proceedings, and the cost of publication of citation. The amendment was adopted. Senator Harrell of the 12th offered the following amendment: Amend SB 70 by adding a new section to read as follows: Section 7. Be it further enacted by the General Assembly of Georgia. "That after the granting of an order by the Ordinary in such cases that no administration is necessary, by reason of the fact that the deceased owed no debts at time of his death other than described in this act, and it shall thereafter appear that there are debts unsecured and unsatisfied and it shall further appear that the heirs at law have received the proceeds of said estate, such creditor or creditors shall have a right of action on said debts unsatisfied against such heirs at law to the extent of value of property received by such heirs at law. Further amend by numbering the sections of said bill accordingly. The amendment was adopted. Senator Sabados of the lOth offered the following amendment: Amend SB 70 by adding in section 3, between the word "creditor" and the word "files" in line 1 of said section the words "whether the debt is due or not". 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Harrell of the 12th moved that the Senate do now adjourn. Senator Sabados of the lOth moved the ayes and nays. On the motion of Senator Harrell of the 12th, the ayes were 26, nays 12, and the motion prevailed. The president announced the Senate adjourned until tomorrow morning at 10 o'clock. WEDNESDAY, FEBRUARY 7, 1945 303 Senate Chamber, Atlanta, Georgia. Wednesday, February 7, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. The roll was called and the following senators answered to their name : Baggett Bennett Bentley Branch Brown Caldwell Causey Chastain Cloud Cook Deal Drake Drinkard Edenfield Edwards Freeman Gillis Gould Grayson Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Mavity McGinty Millican Minchew Moate Moore Nix Norton Peebles Rainey Riley Sabados Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn Yawn Mr. President Senator Walker of the 45th reported that the Journalof 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions previously reported favorable for passage. 304 JOURNAL OF THE SENATE 5. Putting upon third reading for final passage local Senate and House and general bills with local application. 6. Putting on third reading for final disposition general House and Senate bills. The consent was granted. Senator Harrell of the 12th moved that the Senate reconsider its action in failing to pass HB 35 yesterday. On the motion to reconsider the ayes were 23, nays 15 and the motion prevailed. The bill was placed at the foot of the calendar. The following bills and/or resolutions were introduced, read the first time, and referred to committees: SB 164. By Senator Caldwell of the 37th: A bill to be entitled an Act to amend the charter of the City of Hogansville by changing to a commission and City Manager form of government instead of Mayor and Council; and for other purposes. Referred to Committee on Municipal Government. SB 165. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the pension system of the City of At~ lanta to make to apply to all officers and employees and provide for payment of arrearage by members on military leave; and for other purposes. Referred to Committee on Municipal Government. SB 166. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of East Point to provide for absentee ballots; to provide a salary for the Mayor and Aldermen; to provide the city may furnish a memorial home to the American Legion ; and for other purposes. Referred to Committee on Municipal Government. SB 167. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal in its entirety an Act to prevent the practice of fraud upon the public in the sale and use of oleomargarine approved September 21, 1883 (Georgia Laws 1882-3, Page 124); and for other purposes. Referred to Committee on Agriculture. WEDNESDAY, FEBRUARY 7, 1945 305 SB 168. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act creating a Civil Service Board for Fulton County by fixing the salary of the Secretary of the Board; to provide all officers and employees of the Police and Fire Departments shall be under Civil Service; and for other purposes. Referred to Committee on Counties and County Matters. SB 169. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a pension fund for members of Fulton County Police department; and for other purposes. Referred to Committee on Counties and County Matters. SB 170. By Senator Gould of the 4th: A bill to be entitled an Act to provide trial Judges shall fix the sentence in criminal cases instead of the Jury; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 171. By Senators Gould of the 4th and Edenfield of the 2nd: A bill to be entitled an Act to amend Code Section 24-2501 by creating a new judicial circuit to be known as the Southeastern Circuit composed of the Counties of Appling, Wayne and Jeff Davis, and placing Mcintosh in tlie Brunswick Circuit; and for other purposes. Referred to Committee on Special Judiciary. SB 172. By Senator Caldwell of the 37th: A bill to be entitled an Act to repeal Code Section 32-1006 and substitute a new section to provide County Superintendents of Schools shall be classified and certified under the provision of an Act of 1937, pp. 882-885; to provide the State Board of Education shall fix their salaries; and for other purposes. Referred to Committee on Education. Mr. Holsenbeck of the 27th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following bill 306 JOURNAL OF THE SENATE of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 74. Do Pass by substitute Respectfully submitted, Holsenbeck of 27th district, Chairman. Mr. Edenfield of the 2nd District, Vice-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 Vice-Chairman, to report the same back to the Senate with the following recommendation: SB 50. Do Pass Respectfully submitted, Edenfield of 2nd district, Vice-Chairman. Mr. Edenfield of the 2nd 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 99. Do Pass Respectfully submitted, Edenfield of 2nd district, Chairman. Mr. Drinkard of the 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bills of WEDNESDAY, FEBRUARY 7, 1945 307 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 42 SB 45 SB 47 SB 48 SB 53 SB 58 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SB 69 SB 70 SB 77 SB 84 SB 102 SB 106 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the 308 JOURNAL OF THE SENATE following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 248. Do Pass HB 253. Do Pass HB 274. Do Pass HB 196. Do Pass Respectfully submitted, Turner of 34th district, Chairman. The following bills of the Senate and House were reported favorably by the committees and read the second time: SB 50. By Senator Yawn of the 38th: A bill to be entitled an Act to prohibit the trapping or taking of muskrat, mink, beaver, otter, racoon, o'possum, skunk, bobcat, fox and weasel in Dodge County at any time; and for other purposes. SB 99. By Senator Grayson of the 1st: A bill to be entitled an Act to prescribe conditions and regulations for common carriers by aircraft and to give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as the Georgia Commerce Act; and for other purposes. HB 196. By Messrs. Riddlespurger and Cheshire of Colquitt: A bill to amend the charter of the City of Moultrie to confer extra-territorrial jurisdiction over certain territory adjacent to its airbases; and for other purposes. HB 253. By Mr. Adamson of Clayton: A bill to change the name of the City of Marrow in Clayton county to the City of Morrow; and for other purposes. HB 274. By Mr. Arnold of Spalding: A bill to amend the charter of the City of Griffin, to provide an increase in taxes and to remove all limitations as to salaries of the city officials and employees; and for other purposes. WEDNESDAY, FEBRUARY 7, 1945 309 HB 248. By Messrs. Alexander, Connerat and McNall of Chatham: A bill to amend the charter of the Town of Savannah Beach to provide for the assessment of ~ of 1 percent of the value of real and personal property and for maintaining a sea wall; and for other purposes. The following local uncontested Senate bills were read the third time and put upon their passage: SB 114. By Senator Norton of the 33rd: A bill to be entitled an Act to amend the charter of the City of Gainesville by extending the city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 120. By Senator Greene of the 21st: A bill to be entitled an Act to amend the charter of the City of Gray, to enlarge the administrative powers of 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 113. By Senator Edenfield of the 2nd: A bill to be entitled an Act to amend the charter of the City of Darien to authorize the City Council to close certain streets; and for other purposes. The report 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 110. By Senator Grayson of the 1st: A bill to be entitled an Act to amend the charter of the City of Savannah by repealing all acts relating to pensions of city employees except the act approved February 11, 1941, with certain exceptions; and for other purposes. 310 JOURNAL OF THE SEN.ATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bills of the Senate were read the third time and put upon their passage : SB 107. By Senator Wellborn of the 40th: A bill to be entitled an Act to provide a method of showing a person has been restored to sanity after being committed to the State Hospital of the Insane; and for other purposes. The report 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 91. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Title 92, Section 1, part 9, chapter 9231 by repealing Paragraph C of Section 923113 of the Code and substituting a new section to provide the method of figuring Income Tax for corporations and to provide the tangible property ratio, the salary and wages ratio, and the sales ratio are separately determined, the three percentages averaged, and the net income of the corporation allocated and ap portioned to Georgia according to said average; and for other purposes. The report 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. SB 86. By Senator Gross of the 31st: A bill to be entitled an Act to provide for the appointment and removal of all assistant Attorneys General by the Attorney General instead of the Governor; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, FEBRUARY 7, 1945 311 On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 109. By Senators Holsenbeck of the 27th and Gillis of the 16th: A bill to be entitled an Act to provide that the Governor shall appoint two outstanding conservation farmers as members of the Board of Directors of the Georgia Association of Soil Conservation District Supervisors; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, th~ ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 112. By Senator Mavity of the 44th: ' A bill to be entitled an Act to authorize the Governor to fix the salary of the State Board of Social Security; and for other purposes. ' Senator Harrell of the 12th moved the ayes and nays and the motion prevailed. The roll call was as follows: Those voting in the affirmative were Senators: Baggett Bennett Bentley Branch Brown Causey Chastain Cloud Cook Drake Edenfield Freeman Gillis Gould Grayson Greene Harrell of 7th Hodges Mavity Moate Moore Nix Norton Peebles Rainey Riley Shedd Slaughter Stone Walker Wall Wellborn Those voting in the negative were Senators: Caldwell Deal Edwards Harrell of 12th Hill Holsenbeck McGinty Millican Minchew Sabados Smith Turner of 35th Welsch 312 JOURNAL OF THE SENATE Not voting were Senators Battle of the 13th, Daves of the 14th, Drinkard of the 29th, Hawes of the 30th, Turner of the 34th and Yawn of the 48th. By unanimous consent, the verification of the roll call was dispensed with. The report 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 13. The bill, having received the requisite constitutional majority, was passed. SB 119. By Senator Wall of the 9th: A bill to be entitled an Act to provide for the method of changing County lines within limits of incorporated towns and cities having a population of . not less than 1,000 nor more than 1,500; and for other purposes. The Committee on Municipal Government offered the following amendment: 'Amend SB 119 as follows: In line 3, section 1, the words and figures 1,000 to be made to read 1,200 and the words and figures in line 4 be made to read 1,400 and the caption of bill changed accordingly. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 125. By Senators Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an Act to authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses ; to provide for the inspection of school houses; and for other purposes. The report 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 118. By Senators Gross of the 31st, Causey of the 46th and Minchew of the Sth: WEDNESDAY, FEBRUARY 7, 1945 313 A bill to be entitled an Act to establish a new schedule of fees to be chargeil by the sheriffs of this State for official duties performed; and for other purposes. Senator Freeman of the 22nd offered the following amendments: Amend SB 118 by striking the figure "$4" in the first two items under "civil cases" and substitute the figure "$3.00". Moves to strike the figure "$3.00" at end of line reading "services in every case before a jury" and substitute the figure "$2.00". The amendments were adopted. Amend SB 118 by striking the figure "$4.00" after the line reading "serving summons, of garnishment, or rule, against garnishee" and substitute the figure "$2.00". The amendment was adopted. Amend SB 118 by striking the figure "$4.00" after the line reading "if more than one, for each additional copy" and substitute the figure "$2.00'. The amendment was adopted. Amend SB 118 by striking the figure "$4.00" after the line reading "levying an attachment" and substitute the figure "$3.00". The amendment was adopted. Amend SB 118 by striking the figure "$5.00" after the line reading "each levy of fien facias" and substitute the figure "$3.00". The amendment was adopted. Senator Smith of the 24th moved that SB 118 and all amendments thereto be tabled. On motion to table, the ayes were 8, nays 24, and the motion was lost. Senator Millican of the 52nd moved that SB 118 be recommitted to the General Judiciary No. 2 and the motion was lost. Senator Freeman of the 22nd offered the following amendments to SB 118: Amend SB ll8 by striking the figure "$4.00" after the line reading "serving process against tenant holding over, or intrudes upon land to dispossess them" and substitute the figure "$3.00". The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. 314 JOURNAL OF THE SENATE On the passage of the bill, the ayes were 30, nays 10. The bill, having received the requisite constitutional majority, was passed as amended. The following House bills and resolutions were read the third time and put upon their passage: HB 240. By Mr. Hand of Mitchell: A bill to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all acts amendatory thereof, and particularly Section 8 of said Act, so as to provide that the bond of the Sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the City Court of Pelham, and to provide for payment of premiums on such bonds, when written by an acceptable indemnity company, by the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, under certain conditions; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 258. By Mr. Nicholson of Oconee: A bill to fix a salary for the Sheriff of Oconee County in addition to fees, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 245. By Mr. Hefner of Pickens: A bill to amend an Act entitled "An act to create the office of Commissioner of Roads and Revenues of Pickens County," by striking the figures "$1,800" in section 6 of said Act, pertaining to the salary of said Commissioner and substituting in lieu thereof the figures "$2,400.00"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, FEBRUARY 7, 1945 315 On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 239. By Mr. Hand of Mitchell: A bill to increase the official bond of the Sheriff of Mitchell County, Georgia, to Ten Thousand Dollars to authorize the Board of Commissioner of Roads and Revenues of Mitchell County, Georgia, to pay the premiums on such bond, under certain conditions, to repeal all conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 129. By Mr. Whaley of Telfair: A bill to provide for a clerk of the Tax Commissioner of Telfair County and to fix the 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 128. By Mr. Whaley of Telfair: A bill to reduce the official bond of the Sheriff of Telfair County from $1'0,000 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 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 10. By Messrs. Gowen and Gilbert of Glynn: A resolution providing for the payment of travel expenses to Superior Court Judges; and for other purposes. ' The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 316 JOURNAL OF THE SENATE On the adoption of the resolution, the ayes were 36, nays 3. The resolution, having received the requisite constitutional majority, was adopted. HB 131. By Mr. Whaley of Telfair: A bill to fix the fee of the sheriff of Telfair County for feeding prisoners; and for other purposes. Senator Walker of the 45th offered the following amendment: Amend HB 131 by striking from line 8 of Section I the words and figures "one dollar ($1.00)" and by inserting in lieu thereof the words and figures "one dollar and twenty-five cents ($1.25)" and by striking from line 4 of Section 2 the words "one dollar ($1.00)" and inserting in lieu thereof the words and figures "one dollar and twenty-five cents ($1.25) ". 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. HB 127. By Mr. Whaley of Telfair: A bill to provide that should a Commissioner of Roads and Revenues of Telfair County be inducted into the Armed Forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes. Senator Walker of the 45th offered the following substitute: A BILL To be entitled an Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues in and for the County of Telfair, to define the powers and jurisdiction and to prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp 566-574) as amended by an Act approved March 23, 1935 (Acts 1935, pp 805-807) as amended by an Act approved February 22, 1943 (Acts 1943, p. 1123) by striking from lines 10 and 11 of section 6 of said act the words and figures "twenty-five hundred ~$2500)" and inserting in lieu thereof the words and figures "thirty-six hundred ($3600)" so that the salary of the Commissioner shall be $3600 per annum; to provide that if the Commissioner should enlist or be inducted into the military, naval or armed services of the United WEDNESDAY, FEBRUARY 7, 1945 317 States during the period of which he was elected Commissioner, that the office shall not be vacated and that the Judge of the Superior Court of Telfair County shall designate some proper person to perform the duties of the Commissioner and to attend to the affairs of the County of Telfair, during the period of time within the period for which the Commissioner was elected that the Commissioner so inducted or enlisting is required to remain in the military, naval or other armed services of the United States; to provide for the salary of the designated acting Commissioner; to provide for the ending of services of such designated acting Commissioner and for the return to duties by elected Commissioner; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME. Section 1. That the Act approved August 27, 1931, entitled an Act to create the office of Commissioner of Roads and Revenues in and for the County of Telfair; to define the powers and jurisdiction and prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574) as amended by an Act approved March 23, 1935, (Acts 1935, pp. 805-807) as amended by an Act approved February 22, 1943 (Acts 1943, p. 1123) be and the same is hereby amended by striking from lines 10 and 11 of Section 6 of said Act the words and figures "twenty-five hundred ($2500)" and inserting in lieu thereof the words and figures "thirty-six hundred ($3600)" so that the salary of the Commissioner of Roads and Revenues of Telfair County shall be $3600 per annum and said Section 6 of said Act when so amended shall read as follows: "Section 6. Said Commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and shall receive as compensation for his time and to cover all expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimbursement, for expenses, emoluments, or perquisites whatsoever, the sum of thirty-six hundred ($3600) dollars per annum, the same to be paid monthly or otherwise as such Commissioner may elect." Section 2. That the Act approved August 27, 1931, entitled an Act to create the office of Commissioner of Roads and Revenues in and for the County to Telfair; to define the powers and jurisdiction and to prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574), as amended by an Act approved March 23, 1935 (Acts 1935, pp. 805-807) as amended by an Act approved February 22, 1943 (Acts 1943, p. 1123) be and the same is hereby amended by adding a new section to be appropriately numbered and to read as follows: "Should the Commissioner elected to fill the office created by this Act enlist or be inducted into the military, naval or armed services of the United States Government, during the period of time for which he was so elected, his office shall not be 318 JOURNAL OF THE SENATE decreed vacant. Should such an event occur, it shall be the duty of the Judge of the Superior Court of Telfair County to designate a proper qualified person, who is to qualify by giving bond in the amount to be fixed by the judge appointing him, to perform the duties of the Commissioner as prescribed by this act as amended. Said person, so designated, shall perform the duties of the Commissioner and attend to the county affairs for such period of time within the period for which such Commissioner was elected during which the regular elected Commissioner may be absent from the county or prevented from performing his duties because of his enlistment or induction into the military, naval or other armed services of the United States. Such designated acting Commissioner shall receive the sum of $3600 per annum, payable monthly, and the regular elected Commissioner while so absent shall not receive any salary as Commissioner. Upon the discharge of the regular Commissioner from said military, naval or other armed services and his return, said designated acting Commissioner shall cease to act as Commissioner and the duties of said office shall be assumed by said regular elected Commissioner for the remainder of the term to which he was elected." Section 3. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. The report of the committee, which was favorable to the. passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. JudgeR. B. Vickers, Bacon county; 3olicitor Hoke Sharpe of the Piedmont Circuit; Solicitor General Jay of the Cordele Circuit and former representative J. E. Graham and daughter were introduced to the Senate by the president. Senator Harrell of the 12th moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. THURSDAY, FEBRUARY 8, 1945 319 Senate Chamber, Atlanta, Georgia. Thursday, February 8, 1945. 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 Walker of the 45th reported that the journal of yesterday's proceedings had been examined and found corre~t. By unanimous consent, the reading of the journal of yesterday's proceedings was dispensed with, and the journal was confirmed. Senator Freeman of the 22nd 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 bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference af House bills and resolutions. 6. Third reading and passage of local bills. 7. Third reading and passage of general bills, with local application. 8. Third reading and passage of general bills. The consent was granted. Honorable Robert W. Groves of Savannah, Georgia, was introduced to the Senate by the president. Former Senator J. Roy McGinty, Jr., of Murray County, was presented by the president. 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: 320 JOURNAL OF THE SENATE HR 11. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson and Arnold of Spalding.: A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. 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 61. By Messrs. Boynton of Union and Sparks of Towns: A resolution requesting the Congress of the United States to equalize payments by the T.V.A. in lieu of taxes to Towns and Union Counties in the State of Georgia. HR 62. By Mr. Young of Muscogee: A resolution memorializing the Legislature of Tennessee to liberalize the statutes prescribing the size and weight limitation of motor vehicles. HR 63. By Messrs. Williams of Ware, Fowler of Douglas, Mitchell of Monroe, Gowen of Glynn, Hand of Mitchell, Gilbert of Glynn, Bloodworth of Bibb, Alexander, MeN all and Connerat of Chatham: A resolution resolving that the House of Representatives, the Senate concurring, express their deepest sympathy to the bereaved loved ones of Lt. David S. Atkinson, Jr. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following bill of the House to wit: HB 127. By Mr. Whaley of Telfair: A bill to be entitled an Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues in and for the County of Telfair so as to provide that if the Commissioner should be inducted into THURSDAY, FEBRUARY 8, 1945 321 the military, naval or armed services; and for other purposes. The House has agreed to the Senate amendments to the following bills of the House to wit: HB 72. By Mr. Price of Clarke: A bill to be entitled an Act to create a War Veterans Memorial Building Commission; to provide for the appointment and terms of the members; to provide that the members shall serve without compensation except for actual expenses; and for other purposes. HB 131. By Mr. Whaley of Telfair: A bill to be entitled an Act to amend an Act which created the office of Commissioner of Roads and Revenues of Telfair county; to provide the amount of compensation to be paid the Sheriff of said county for feeding prisoners; and for oth"er purposes. The House has adopted the report of the Committee of Conference on the following bill of the Senate to wit: SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to authorize the Superior Courts of this State to render de.claratory judgments; to declare the effect thereof; and for other purposes. The following bills and/or resolutions were introduced, read the first time and referred to Committees: SB 173. By Senator Cloud of the 19th: A bill to be entitled an Act to change the term of office of the Board of County Commissioners of Taliaferro County to four years and fix their compensation; and for other purposes. Referred to Committee on Counties and County Matters. SR 23. By Senator Millican of the 52nd: A resolution giving consent on the part of the State for the City of Atlanta to construct ways, streets, roads, bridges, or viaducts over the W. & A. Railroad between Spring Street viaduct and Central Avenue viaduct; and for other purposes. Referred to Committee on State of Republic. 322 JOURNAL OF THE SENAT!. SB 174. By Senator Causey of the 46th: A bill to be entitled an act to amend the Charter of the City of Alma to create a P'ark and Tree Commission to have charge of parks, grass plats and cemeteries in the city; and for other purposes. Referred to Committee on Municipal Governments. SB 175. By Senators Minchew of the 5th, Sabados of the lOth, Shedd of the 3rd, Edenfield of the 2nd, Freeman of the 22nd, Gross of the 31st, Grayson of the 1st and Norton of the 33rd. A bill to be entitled an Act to require railroads to equip all main line switches with switch lights; to require the erection of mile post at points one mile from all passing track switches; and for other purposes. Referred to Committee on State of Republic. SB 176. By Senators Hawes of the 30th and Rainey of the 11th: A bill to be entitled an Act to require the inoculation of all dogs in Georgia once a year with rabies vaccine; and for other purposes. Referred to Committee on Hygiene and Sanitation. SR 24. By Senators Grayson of the 1st, Deal of the 49th, Gould of the 4th and Edenfield of the 2nd: A resolution directing the Governor, the Agricultural and Industrial Development Board, department heads and all state employees to work toward bringing about the return of all property now comprising Camp Stewart Military Reservation to its original owners; and for other purposes. Referred to Committee on State of Republic. SB 177. By Senators Deal of the 49th and Branch of the 47th: A bill to be entitled an Act to authorize patrolmen or other employees of the Department of Public Safety, and employees authorized by the Commissioner of Revenue to seize, confiscate and destroy slot machines; and for other purposes. Referred to Committee on State of Republic. SB 178. By Senators Bentley of the 25th, Holsenbeck of the 27th and Greene of the 21st: A bill to be entitled an Act to regulate the marketing of eggs and protect the egg producer; and for other purposes. Referred to Commitllee on Agriculture. THURSDAY, FEBRUARY 8, 1945 323 fhe following resolution of the House was read the first time and referred to the committee: HR 11. By Mr. Harris of Richmond and others: A resolution providing a new constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. Referred to Comm.ittee on Amendments to Constitution. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of .the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SB 91 SB 107 SB 109 SB 113 SB 119 SB 120 SB 125 SB 93 SB 86 SB 110 SB 118 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Drinkard of the 29th District, Chairman of the Committee on Enrollment, submitted the following report: 324 JOURNAL OF THE SENATE Mr. President: Your Committee on Enrollment have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Sen- ate as correct and ready for transmission to the Governor: SB 49 SB 61 SB 67 SB 65 SB 79 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Moate, of the 20th 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 292. Do Pass HB 294. Do Pass HB 318. Do Pass HB 218. Do Pass HB 285. Do Pass HB 293. Do Pass as amended HB 310. Do Pass HB 3ll. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Drake of the 8th District, Chairman of the Committee on Public Roads and Highways, submitted the following report: THURSDAY, FEBRUARY 8, 1945 325 Mr. President: Your Committee on Public Roads and Highways have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 160. Do Pass Respectfully submitted, Drake of 8th district, Chairman. Mr. Smith 'of the 24th 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 Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendataions: SB 94. Do Pass SB 153. Do Pass SB 115. Do Pass Respectfully submitted, Smith of 24th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 166. Do Pass SB 164. Do Pass SB 165. Do Pass SB 163. Do Pass Respectfully submitted, Turner of 34th district, Chairman. 326 JOURNAL OF THE SENATE Mr. Turner of the 34th .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 148. Do Pass HB 243. Do Pass Respectfully submitted, Turner of 34th district, Chairman". Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. President: Your Committee on Veterans Affairs 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 139. Do Pass SB 162. Do Pass SR 21. Do Not Pass Respectfully submitted, Stone of 15th district, Chairman. Mr. Cloud of the 19th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 260. Do Pass THURSDAY, FEBRUARY 8, 1945 327 SB 154. Do Pass as amended Respectfully submitted, Cloud of 19th district, Chairman. Mr. Freeman of the 22nd Dist~ict, Chairman of the Committee on State of the Republic, submitted the following report: Mr. President: Your Committee on State of the Republic have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 124. Do Pass SB 130. Do Pass SB 132. Do Pass SB 144. Do Pass SB 136. Do Not Pass Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Gillis of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report: Mr. President: Your Committee on Game and Fish have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 63. Do Pass SB 95. Do Pass SB 96. Do Pass SB 97. Do Pass SB 101. Do Pass Respectfully submitted, Gillis of 16th district, Chairman. 328 JOURNAL OF THE SENATE Mr. Bennett of the 17th District, Chairman of the Committee on Privileges and Elections, submitted the following report: Mr. President: Your Committee on Privileges and Elections have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the ~e back to the Senate with the following recommendations: SB 71. Do Pass SB 127. Do Pass SB 142. Do Pass SB 85. Do Pass SB 148. Do Pass Respectfully submitted, Bennett of 17th district, Chairman. Mr. Gould of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report: Mr. President: Your Committee on Military Affairs have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 78. Do Pass by substitute Respectfully submitted, Gould of 4th district, Chairman. The following bills of the House and Senate, favorably reported by the committees, were read the second time: SB 85. By Senator Wellborn of the 40th: A bill to be entitled an Act to amend Code Section 34-103 by substituting the figures 18 for the figures 21 and to require electors to state his political party affiliation; and for other purposes. SB 71. By Senator Welsch of the 39th: A bill to be entitled an Act to prohibit any person who was a candidate for THURSDAY, FEBRUARY 8, 1945 329 office at a primary election from being a candidate for the same office at the ensuing general election; and for other purposes. SB 127. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an Act to amend Code Section 34-1904 so as to include Members' of the State Senate and House of Representatives shall file notice of their candidacy with the Ordinary of the County; and for other purposes. SB 142. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act to repeal Code Sections 34-1401, 34-1402, 34-1403 and paragraph 7 of Section 40-601 and to reenact a new paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballots, forms and tally sheets to the Ordinaries; and for other purposes. SB 148. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to amend subsections 9, 10, 11, 12 and 13 of Section 34,1303 of the Code by providing the Secretary of State shall canvass the votes and transmit the same to the General Assembly and by striking subsection 10 in its entirety and renumbering subsections 11, 12 and 13 to be known as 10, 11 and 12; and for other purposes. SB 63. By Senator Welsch of the 39th: A bill to be entitled an act to make it lawful to hunt or kill rabbits at any time in this State; and for other purposes. SB 95; By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to regulate the commercial gathering of oysters and to provide for a license and State Health Certificate; and for other purposes. SB 96. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to authorize the State Game and Fish Commission to purchase an aeroplane to patrol the coastal waters of this State; and for other purposes. SB 97. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to regulate the shipping of oysters in the shell; and for other purposes. SB 101. By Senator Mavity of the 44th: 330 JOURNAL OF THE SENATE A bill to be entitled an Act to prohibit the use of steel traps for catching wild animals in Walker county; and for other purposes. SB 144. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to officially adopt a system of coordinates for designating the positions of points on the surface of the earth within this State; and for other purposes. SB 132. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to repeal Code Sections 36-504, 36-506 and 36-507 and enacting three new sections relating to "Assessment of value and damages" and "Consequential damages" and "Finding of assessors, how and where entered"; and for other purposes. SB 124. By Senators Gross of the 31st, Stone of the 15th, Harrell of the 7th, Branch of the 47th and Millican of the 52nd: A bill to be entitled an act to repeal Chapter 101-1 of the Code and enact a new Chapter 101-1 providing for a Department of State Library; how appointed, term of office and qualifications; and for other purposes. SB 130. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an act authorizing the several municipalities and counties of this State to acquire, construct, maintain and operate public parking places ; and for other purposes. SB 94. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to provide that the license fees levied on commercial fishing boats shall run from January 1 to December 31 of the year issued; and for other purposes. SB 153. By. Senator Millican of the 52nd: A bill to be entitled an act to amend Code Section 12-601 by providing a maximum rate of interest which may be charged when property is pledged or pawned; and for other purposes. SB 115. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the motor fuel tax act by providing information, records and reports required under chapter 92-14 titled "Motor Fuel and Kerosene", shall be exempt from the provisions of this act; and for other purposes. THURSDAY, FEBRUARY 8, 1945 331 SB 160. By Senators Drake of the 8th and Gross of the 31st: A bill to be entitled an Act to provide for the distribution of motor fuel tax funds to the various counties on the basis of representation in the General Assembly; and for other purposes. SB 166. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of East Point to provide for absentee ballots; to provide a salary for the Mayor and Aldermen; to provide the city may furnish a memorial home to the American Legion ; and for other purposes. SB 164. By Senator Caldwell of the 37th: A bill to be entitled an Act to amend the charter of the City of Hogansville by changing to a commission and City Manager form of government instead of Mayor and Council; and for other purposes. SB 165. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the pension system of the City of Atlanta to make to apply to all officers and employees and provide for payment of arrearage by members on military leave; and for other purposes. SB 163. By Senator Yawn of the 48th: A bill to be entitled an act to amend the charter of City of Eastman by providing City Council shall not grant, renew or extend any public utility franchise in the City of Eastman without first having a referendum; and for other purposes. SB 139. By Senators Harrell of the 7th and Branch of the 47th: A bill to be entitled an act authorizing the State Board of Education to receive Federal funds or other funds for adult education; and for other purposes. SB 162. By Senator Stone of the 15th: A bill to be entitled an Act to repeal Code Section 32-937 and substituting a new section 32-937 providing for free tuition in the public schools to children between 6 and 18 and provide veterans of World War II may attend the schools under rules adopted by the State Board of Education, regardless of age; and for other purposes. 332 JOURNAL OF THE SENATE SB 154. By Senator Hill of the 36th: A bill to be entitled an Act to amend Code Section 24-2728 to provide increased fees- for elerks of Superior Courts in counties of less than 65,000 population; and for other purposes. SB 78. By Senators Grayson of the 1st, Drake of the 8th, Stone of the 15th, Greene of the 21st, Minchew of the 5th, Hodges of the 26th, Holsenbeck of the 27th, Rainey of the 11th, Harrell of the 7th and Freeman of the 22nd: A bill entitled to be an Act to fix the salary of the Adjutant General of Georgia at $6,000 per annum; and for other purposes. HB 268. By Mr. Seagraves of Madison: A bill to abolish the City Court of Danielsville; and for other purpost's. HB 148. By Mr. Hicks of Floyd and others: A bill to amend the charter of the City of Rome by extending the city limits; by increasing the tax limit from two and one-fourth to two and one-half per cent; to provide certain retirement pay to city employees; and for other purposes. HB 243. By Mr. Connell of Lowndes: A bill to amend an Act incorporating the Town of Lake Park, in Lowndes county, Georgia (Acts 1897, page 250), so as to authorize the governing authorities of said town to close or dispose of certain property heretofore laid out and designated for street purposes; and for other purposes. HB 293. By Mr. Overby of Stewart: A bill to fix the salary of the disbursing clerk of Stewart county; and for other purposes. HB 310. By Mr. Hooks of Emanuel and others: A bill to provide that the Board of Commissioners of Roads and Revenues of Emanuel county shall fix the salary of the clerk of the Boar.d; and for other purposes. HB 311. By Mr. Hooks of Emanuel and others: A bill to provide that the Board of Commissioners of Roads and Revenues of Emanuel county may elect their own clerk; and for other purposes. HB 292. By Mr. Dorsey of White: THURSDAY, FEBRUARY 8, 1945 333 A bill to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White county; and for other purposes. HB 294. By Mr. Overby of Stewart: A bill to fix the salary of the tax commissioner of Stewart county; and for other purposes. HB 318. By Mr. Greer of Lanier: A bill to create a three member Board of Commissioners of Roads and Revenues for Lanier county; and for other purposes. HB 218. By Mr. Gibson of Seminole: A bill to provide a new registration book for voters in Seminole county and to require all persons to re-register before January 1, 1946; and for other purposes. HB 285. By Mr. Willis of Irwin: A bill to fix the salaries of the Commissioners of Roads and Revenues and the Clerk of the Board in Irwin county; and for other purposes. The following bills and resolutions of the House were read the third time and put upon their passa~e : HB 1%. By Messrs. Riddlespurger and Cheshire of Colquitt: I A bill to amend the Charter of the City of Moultrie to confer extra territorial jurisdiction over certain territory adjacent to its airbases; and for other purposes. The report 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 248. By Messrs. Alexander, Connerat and MeN all of Chatham: A bill to amend the charter of the town of Savannah Beach to provide for the assessment of ~ of 1 percent of the value of real and personal property and for maintaining a sea wall; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 334 JOURNAL OF THE SENATE On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 253. By Mr. Adamson of Clayton: A bill to change the name of the City of Marrow in Clayton county to the City of Morrow; and for other purposes. The report 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 274. By Mr. Arnold of Spalding: A bill to amend the charter of the City of Griffin, to provide an increase in taxes and to remove all limitations as to salaries of city officials and employees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. The president presented to the Senate Judge W. E. Morgan of Haralson county. HR 23. By Mr. Key of Jasper: A resolution directing officials of the State Government and heads of departments to pay Workmen's Compensation claims of State employees from funds appropriated to the various departments; 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. Hon. Sterling Allbright, Mayor of Columbus, was presented to the Senate by the president. The following bills were read the third time and put upon their passage: THURSDAY, FEBRUARY 8, 1945 335 SB 93. By Senator Hawes of the 30th: A bill to be entitled an Act to fix a salary for the Deputy Clerk of Elbert 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 100. By Senator Bennett of the 17th: A bill to be entitled an Act to amend the charter of the City of Sylvania to create a Pension Fund for city employees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 33. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th, Freeman of the 22nd and Drake of the 8th: A bill to be entitled an Act to provide for the compulsory school attendance of all children between 7 and 16 years of age; to provide for visiting teachers; and for other purposes. Senator Caldwell of the 37th offered the following substitute to SB 33: A BILL To be entitled an Act to provide for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; to provide the minimum session of such annual school attendance, and the exceptions therefrom; to provide for the enforcement of such attendance laws by authorized county and independent school system Boards of Education to employ a full time visiting teacher or teachers, to be qualified in accordance with professional requirements as prescribed by the State Board of Education; to prescribe the powers, duties, and authority of such visiting teachers; to permit the employment of part-time visiting teachers; to permit the employment of other persons to act as attendance officers in lieu of visiting teachers; to require certain reports from public, private, parochial and denominational teachers, schools, and principals; to provide the penalties for violation of this Act, and for the treatment of children absent from school as delinquents, in the juvenile, superior and city courts; 336 JOURNAL OF THE SENATE to provide that the unconstitutionality of any provision of this Act shall not affect the constitutionality of any other provision thereof; to repeal all laws or parts of laws inconsistent or in conflict herewith, and to wholly repeal sections 32-2101, 32-2102, 32-2103, and 32-9906 of The Georgia Laws relating to compulsory school attendance. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION I Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and sixteenth birthdays, shall enroll and send such child or children to a public or private school under such penalty for non-compliance herewith as is hereinafter provided. SECTION II The minimum session of annual school attendance required under this Act shall be one hundred and seventy-five school days, or for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has completed all high school grades. SECTION III The following classes of children between their seventh and sixteenth birthdays shall be exempted from the provisions of this Act, the County and Independent School System Boards of Education to be sole judge in all such cases: (a) Children mentally or physically incapacitated to perform school duties. (b) Children excused from attendance in school under rules and regulations promulgated by the State Board of Education. SECTION IV It shall be the duty of each County and Independent School System Board of Education within the State to administer this Act and to secure its enforcement in cooperation with the other state and county agencies mentioned herein. To facilitate the enforcement of this Act, each County and lndependen't School System Board of Education shall have authority to employ at least one competent and qualified fulltime visiting teacher, whose duty it shall be to act as attendance officer to enforce the compulsory school attendance laws of the State, and to discharge such other duties as are usually performed by, or delegated to, visiting teachers. Each County or . Independent School System Board of Education shall fix the compensation of such visiting teachers, payable from the school funds of the State and/or of the County or Independent School System, and shall be authorized to prescribe the duties of *ch visiting teachers and make such rules and regulations for the performance thereof, not inconsistent with law and rules and regulations of tbe State Board of THURSDAY, FEBRUARY 8, 1945 337 Education, as will promote the purposes of this Act. Under rules and regulations determined by the State Board of Education, the State Department of Education shall have authority to determine that where a County or Independent School System does not require the services of a full-time visiting teacher, then such County or Independent School System Board of Education may dispense with the services of a full-time visiting teacher and shall have authority in place thereof to employ either a part-time visiting teacher qualified in accordance with professional requirements prescribed by the State Board of Education, or join with a neighboring County or Independent School System in the joint employment of a visiting teacher. SECTION V The appointment of visiting teachers shall be made by the County or Independent School System Board of Education upon the recommendation of the County or Independent School System Superintendent; but no visiting teacher shall be so appointed unless qualified in accordance with professional ~equirements prescribed by the State Board of Education. Persons presently serving as truant or attendance officers in any County or Independent School System of the State on the effective datr of this Act, as reflected by the payroll of the school board of the County or Independent School System in which such person or persons serve during the 1944-45 school session, shall, upon the request of the school board, be granted temporary permits to serve as acting visiting teachers; but such person or persons who do not possess the qualifications prescribed by the State Board of Education for certification as visiting teachers must continue to render satisfactory service or, within five years from the effective date of this Act, satisfy such qualifications as will justify certification by the State Board of Education, or they shall no longer be eligible to serve as acting visiting teachers, and the County or Independent School System Boards of Education shall remove them from their positions as acting visiting teachers. SECTION VI County or Independent School System Boards of Education may employ attendance officers in lieu of visiting teachers. Such attendance officers must be paid wholly from school funds of the County or Independent School System Boards of Education. Such attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. SECTION VII In the discharge of the duties of their office, VISitmg teachers, acting visiting teachers, or attendance officers, shall ( 1) cooperate fully with the State Departments of Public Welfare, Labor, and Health, and other State Agencies; (2) make monthly and annual reports on attendance and other problems of child school adjustment in their territory to the County or Independent School System Superintendent respectively; and (3) comply with the rules and regulations of the County and Independent School System Boards of Education and the State Board of Educa- 338 JOURNAL OF THE SENATE tion. Any visiting teacher or attendance officer appointed under the provisions of this Act who fails to perform the duties of this office shall, upon the recommendation of the County or Independent School System Superintendent, be removed from office by the County or Independent School System Board of Education. SECTION VIII Visiting teachers employed under the provisions of this Act shall have the same status with respect to teacher retirement as is set up under the Teachers Retirement System of this State for regular classroom teachers or supervisors whose employment required that they hold valid certificates issued by authority of the State or County Boards of Education. Attendance officers employed in lieu of visiting teachers shall not be eligible to participate in the Teachers Retirement System of the State. SECTION IX Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the County or Independent School Systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and the teachers of all schools-public, private, denominational or parochial-to report, in writing, to the visiting teacher or attendance officer of the County or of the Independent School System, the names, ages, and residences of all pupils in attendance at their school and classes within thirty (30) days after the beginning of the school term or terms, and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance, verified by the teacher making such record. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any person violating any provision of this section or of the rules and regulations of the State Board of Education relating to compulsory school attendance previously published one time in the official education journal of the State shall be deemed guilty of a misdemeanor, and shall be subject to a fine not to exceed one hundred ($100) dollars. SECTION X Any parent, guardian, or other person residing in this State who has control or charge of a child or children and who shall violate the provisions of this Act shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one hundred {$100) dollars or imprisonment not to exceed thirty (30) days, or both, at the discretion of the superior, city, or other court having jurisdiction. Each day's absence from school in violation of this Act shall constitute a separate offense. Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce the provisions of this Act. THURSDAY, FEBRUARY 8, 1945 339 SECTION XI Visiting teachers and attendance officers, after written notice to parent or guardian of a child, shall report to the juvenile, superior, city, or other court having jurisdiction, any child as a delinquent who absents himself from school in violation public or private institution, where school shall be provided for such child. SECTION XII Should any section, subsection, clause, sentence, phrase or part of this Act, for any reason be held, deemed, or construed to be unconstitutional or invalid; such decision shall not affect the validity of the remaining portions of this Act, and the Legislature hereby declares that it would have passed this Act, each section, subsection, clause, sentence, phrase and part thereof, irrespective of the fact that one ' more sections, subsections, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. SECTION XIII All laws, or parts of laws, in conflict herewith be and the same are hereby repealed, and specifically Sections 32-2101, 32-2102, 32-2103, and 32-9906 of the laws relating to compulsory school attendance. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 98. By Senator Causey of the 46th: A bill to be entitled an Act to authorize the operation of moving pictures within certain hours of the Sabbath Day; to provide elections upon petition of ten per cent of the registered voters objecting to the showing of moving pictures on the Sabbath Day; and for other purposes. Senators Grayson of the 1st and Causey of 46th offered the following substitute: A BILL To be entitled an Act to amend Code Section 26-6905 of the Georgia Code of 1933, relating to the Sabbath Day, by authorizing the operation of moving picture shows within certain hours of the Sabbath Day; authorizing the governing authorities or municipal corporations and counties, as subdivisions of the State, to permit the operation of moving pictures shows on 340 JOURNAL OF THE SENATE the Sabbath Day by providing for an election to be held within said municipal corporations or counties on the filing of a petition of ten per cent, of the registered voters to legalize the showing of moving pictures on the Sabbath Day: repealing all laws in conflict herewith 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 Code Section 26-6905 of the Code of 1933, which reads as follows: "Any person who shall pursue his business or the work of his ordinary calling on the Lord's Day, works of necessity or charity only excepted, shall be guilty of a misdemeanor" be and the same is hereby amended by adding at the end of said Code Section the following: "Provided, however, that the governing bodies of the municipal corporations of this State, as well as any county governing body which may be affected shall be authorized to permit the showing of moving pictures within the limits of said subdivision of the State on the Sabbath Day, within the hours of 2:00 PM and 11:30 PM, after an election has been held as follows, on the filing of a written petition with the governing bodies of said subdivisions of the State containing the signatures of ten per cent, of the registered voters qualified to vote in the general election immediately preceding the filing of the petition it shall be the duty of said governing bodies of the subdivisions of this State to call a special election to be held within thirty (30) days from the filing of said petition and publish the notice of the call of the election in a newspaper of general circulation published within the area of said subdivision once a week for two weeks preceding the election. At said election there shall be submitted to the voters of the subdivision of the State, who are qualified to vote for members of the General Assembly, the question of whether or not the exhibition of motion pictures shall be permitted or prohibited within the hours aforesaid on the Sabbath Day. The returns of the election held hereunder shall be made within three (3) days after the election to the official who accepts the returns for all other elections, in the same manner as required by law, for the election of the governing officials of said subdivision of the State. Those voting in said election to permit the showing of motion pictures on the Sabbath Day, within the hours of 2:00 PM and 11 :30 PM, shall have printed or written on their ballots the words: "In favor of motion pictures within the hours of 2:00 PM and 11 :30 PM." and those voting against the showing of motion pictures on the Sabbath Day, within the hours of 2 :00 PM and 11 :30 PM, shall have printed or written on their ballots the words: "Against motion pictures within the hours of 2:00 PM and 11 :30 PM." If, at such election, a majority of the votes cast shall be in favor of the showing of motion pictures as provided above, the showing of motion pictures as provided THURSDAY, FEBRUARY 8, 1945 341 herein shall be permitted in accordance with the provisions of this Act at the expiration of one week from the declaration of the results. If, at such election, a majority of the votes cast shall be against the showing of motion pictures as provided here, the same shall be prohibited within the subdivision calling said election and no further election may be called to decide this question for at least a period of twelve ( 12) months after the results of the first election have been declared and published. Section 2. Be it further enacted, that said section as amended shall read as follows: Section 26-6905: Any person who shall pursue his business or the work of his ordinary calling on the Lord's Day, works of necessity or charity only excepted, shall be guilty of a misdemeanor; P'rovided, however, that the governing bodies of the municipal corporations of this State, as well as any county governing body which may be affected shall be authorized to permit the showing of moving pictures within the limits of said subdivision of the State on the Sabbath Day, within the hours of 2 :00 PM and 11 :30 PM, after an election has been held as follows: (a) On the filing of a written petition with the governing bodies of said subdivisions of the State, containing the signatures of ten per cent of the registered voten qualified to vote in the general election immediately preceding the filing of the petition, it shall be the duty of said governing bodies of the subdivisions of this State to call a special election to be held within thirty (30) days from the filing of said petition and publish the notice of the call of the election in a newspaper published within the area of said subdivision once a week, two weeks preceding the election. (b) At the said election there shall be submitted to the voters of the subdivision of the State, who are qualified to vote for members of the General Assembly, the question of whether or not the exhibition of motion pictures shall be permitted or prohibited within the hours aforesaid on the Sabbath Day. {c) The returns of the election held hereunder shall be made within thre" (3) days after the election to the official who accepts the returns for all other elections, in the same manner as required by law, for the election of the governing officials of said subdivisions of the State. {d) Those voting in said election to permit the showing of motion pictures on the Sabbath Day, within the hours of 2:00 PM and 11 :30 PM, shall have printed or written on their ballots: "In favor of motion pictures within the hours of 2:00 PM and 11 :30 PM," and those voting against the showing of motion pictures on the Sabbath Day, within the hours of 2 :00 PM and 11 :30 PM, shall have printed or written on their ballots the words: "Against motion pictures within the hours of 2:00 PM and 11 :30 PM." {e) If, at such election, a majority of the votes cast shall be in favor of a showing of motion pictures as provided above, the showing of motion pictures as provided herein shall be permitted in accordance with the provisions of this Act at the expiration of one week from the declaration of the result. If, at such election, 342 JOURNAL OF THE SENATE a majority of the votes cast shall be against the showing of motion pictures as provided herein, the same shall be prohibited within the subdivisions calling said election and no further election may be called to decide this question for at least a period of twelve ( 12) months after the results of the first election have been declared and published. Section 3. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Senator Slaughter of the 50th moved the ayes and nays and the motion prevailed. The roll call was as follows: Those voting in the affirmative were Senators: Baggett Bennett Bentley Branch Causey Chastain Cook Deal Edenfield Gillis Gould Grayson Greene Harrell of 7th Hawes Hill Hodges Holsenbeck Mavity Minchew Moate Moore Nix Rainey Riley Sabados Shedd Smith Stone Turner of 34th Turner of 35th Walker Wall Welsch Yawn Those voting in the negative were Senators: Caldwell Cloud Edwards Freeman Harrell of 12th McGinty Millican Norton Slaughter Those not voting were Senators Battle, Brown, Daves, Drake, Drinkard, Peebles and Wellborn. By unanimous consent the verification of the roll call was dispensed with. 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 9. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, :fEBRUARY 8, 1945 343 Senator Grayson of the 1st asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted. Senator Caldwell of the 37th asked unanimous consent that SB 33 be immediately transmitted to the House and the consent was granted. SB 74. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st: A bill to be entitled an Act empowering the Commissioner of Agriculture to assess and collect penalties from the manufacturers or mixer of feed stuff where it is found deficient; and for other purposes. The Committee on Hygiene and Sanitation offered the following substitute: A BILL To Be Entitled An Act to safeguard and protect commercial feed and feeding-stuffs sold in this State. To provide for registering the same with the Commissioner of Agriculture. To provide for obtaining a license before selling the same. To provide for full information on registration and tags attached "thereto. To provide for service and process within the State on non-resident manufacturers, mixers, jobbers, and distributors. To provide penalties for violation of this Act and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same that after the passage of this Act that; Section 2. It shall be unlawful for any person, firm or corporation to sell or offer for sale within this State any commercial feed or feeding-stuff for animals or poultry without first complying with all the provisions of this Act. Section 3. Every manufacturer, mixer, jobber or distributor shall, before selling or offering for sale any commercial feed or feeding-stuff, register the same with the Commissioner of Agriculture, giving full and detail information as to the composition thereof. Also the common names of the ingredients as defined by the American Association of Feed Control Officials. Section 4. After such registration the manufacturer, mixer, jobber or distributor shall apply to the Commissioner of Agriculture for license to seil the same within the State. Such license to be granted without charge. It shall be deemed a violation of this Act to sell or offer for sale in the State any commercial feed or feeding stuff without first obtaining such license. Section 5. Any feed or feeding-stuffs sold in the State shall be subject to analysis by the State Chemist and to feeding test conducted by the Chief Veterinarian 344 JOURNAL OF THE SENATE of the Department of Agriculture, either or both in the discretion of the Commissioner of Agriculture. Section 6. Where any lot of feed or feeding-stuff is found to be deficient to the extent of 10% or more in protein, on analysis by the State Chemist, it shall be subject to a penalty of 50% of the purchase price of the feed. Section 7. Where upon feeding test conducted by the Chief Veterinarian a lot of feed or feeding-stuff is found to be injurious or deleterious or where under such feeding test such feed or feeding-stuff shows an excessive lack of nutritive value, such feeding-stuff shall be subject to penalty of 50% of the purchase price. Section 8. Samples to be analyzed by the State Chemist or used in feeding test by the Chief Veterinarian shall be taken by feed inspectors of the Department of Agriculture under Rules and Regulations prescribed by the Commissioner of Agriculture. The number of packages from which a sample is taken, the preparation of such sample for analysis, and the collection of a penalty arising hereunder shall insofar as practical be the same as now prescribed by laws for taking samples of commercial fertilizer. The same power and authority now vested in the Commissioner of Agriculture for the assessment and collection of penalties under the Fertilizer laws is hereby adopted as part of this Act and made applicable to commercial feed and feeding-stuffs. Any penalties arising under the provisions of this Act, except penalty for failure to attach tags and inspection stamps, shall be collected by the Commissioner of Agriculture for the use and benefit of the feeder or feeders using such feed or feeding-stuffs. Section 9. In cases where deficiencies are found through chemical analysis, samples of the feed shall be sent to the manufacturer; if requested, and where feeding tests are conducted, the Commissioner of Agriculture shall notify the manufacturer and assist him to purchase quantities of this feed for the purpose of making independent tests. Section 10. Every non-resident manufacturer, mixer, jobber, or distributor of feed and feeding-stuffs shall at the time of registration and before selling or offering for sale his product in Georgia, designate with the Commissioner of Agriculture an Attorney-in-fact residing in this State on which Attorney-in-fact legal service and process may be had so as to bring such non-resident manufacturer, mixer, jobber, and distributor under the jurisdiction of the courts of this State. Section 11. In the event that any person, firm or corporation violates or fails to comply with the provisions of this Law or to pay the penalties arising under the terms of this Act within 60 days, the Commissioner of Agriculture may, at his discretion, cancel the license and registration of such person, firm or corporation until full compliance is made with all the terms of this Act by such person, firm or corporation. Section 12. For failure to attach analysis tags as now provided by Law, or for failure to attach inspection stamps as now provided by Law, to any feed or feed- THURSDAY, FEBRUARY 8, 1945 345 stuff sold or offered for sale within the State, a penalty of $1.00 (one dollar) per ton is hereby levied, this penalty to be supplemental, and in addition to the 20c {twenty cents) per ton inspection fee as now required, such penalty is to be paid in to the State Treasury as other revenus of the Department of Agriculture. Section 13. Inspectors of the Department of Agriculture, upon determining that the provisions of this Act, or any one of them, or the rules and regulations promulgated for its enforcement are being violated may put "Withhold From Sale Orders" on all feeds being sold or offered for sale in violation of the provisions of this Act or the regulations thereof and shall report the circumstances to the Commissioner of Agriculture for his action. Feeds upon which "Withhold From Sale Order" has been issued shall not be sold or otherwise disposed of until such "Withhold From Sale Order" has been cancelled by the Commissioner of Agriculture or his duly authorized agents. Section 14. The provisions of this law shall be supplementary to existing laws except in case of conflicting provisions in which event provisions of this Act shall prevail. The report of the committee, which was faborable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Holsenbeck of the 27th asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted. SB 146. By Senators Welsch of the 39th and Gross of the 31st: A bill to be entitled an Act to enable local units of administration to establish and maintain classes or schools for the deaf; and for other purposes. The report 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 bill of the Senate was taken up for the purpose of considering a report of a conference committee: SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to he "ntitled an Act to authorize the superior courts of this State to 346 JOURNAL OF THE SENATE render Declaratory Judgments; to declare the effect thereof; and for other purposes. The conference committee report was as follows: Mr. President: Mr. Speaker: Your committee of conference on SB 13 has met and after consideration begs to submit the following report: Your committee of conference recommends that both the senate and the House recede from their positions and adopt the substitute attached hereto. On the part of the Senate: Harrell of the 7th, Freeman of the 22nd and Sabados of the lOth. On the part of the House: Hicks of Floyd, Gowen of Glynn and Twitty of Mitchell. Senator Harrell of the 7th moved that the Senate adopt the conference committee report on SB 13. On the adoption of the report the ayes were 31, nays 0, and the report was adopted. The conference committee's substitute to SB 13 is as follows: A BILL To be entitled an Act to authorize the Superior Courts of this State to render declaratory judgments; to provide for the procedure for obtaining declaratory judgments; to declare the effect thereof; for other relief in connection therewith; 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. (a) In cases of actual controversy the respective Superior Courts of the State of Georgia shall have power upon petition, or other appropriate pleading, to declare rights, and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, and such declaration shall have the force and effect of a final judgment or decree and be reviewable as such. (b) In addition to the cases specified in paragraph (a) of this section, the respective Superior Courts of the State of Georgia, shall have power upon petition, THURSDAY, FEBRUARY 8, 1945 347 or other appropriate pleading to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed in any civil case in which it appears to the court that the ends of justice require that such declaration should be made and su,h declaration shall have the force and effect of a final judgment or decree and be reviewable as such. Section 2. Further relief based on or included in a declaratory judgment or decree may be granted in the same suit. The court, in order to maintain the status pending the adjudication of the questions or to preserve equitable rights, may grant injunction and other interlocutory extraordinary relief, in substantially the manner and under the same rules as apply in equity cases. Section 3. When a declaration of right or the granting of further relief based thenon shall involve the determination of issues of fact triable by a jury, unless jury trial be waived, such issues shall be submitted to a jury of twelve in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not. Such instructions by the court in all respects be governed by the laws of Georgia relating to instructions or charges by a court to a jury. Section 4. A proceeding instituted under this act shall be filed and served as other cases in the Superior Courts of this State and may be tried at any time designated by the court not earlier than twenty days after the service thereof unless the parties consent in writing to an earlier trial. T:rials may be had in term or in vacation. If there be an issue of fact which requires a submission to a jury such jury may be drawn, summoned and sworn either in term or vacation. Section 5. In any proceeding under this Act the court may make such award or division of costs as may seem equitable and just. Section 6. No declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding involving the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard as a party. If a statute of the State, or any order regulation of any administrative body of the State, or any franchise gran~ed by the State is alleged to be unconstitutional, the attorney general of the state shall be served with a copy of the proceeding and shall be entitled to be heard. Section 7. Without limiting the generality of any of the foregoing provisions, any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatatee, heir, ward, next of kin, cestui que trust, in the administration of a trust or of the estate of a decedent, and infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto and a declaratory judgment: (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others, or (b) To direct the executor, administrator, or trustee to do or abstain from doing a,ny particular act in their fiduciary capacity, or 348 JOURNAL OF THE SENATE (c) To determine any question arising in the administration of th"e estate or trust, including questions of construction of wills and other writings. Section 8. The enumeration in section 7 does not limit or restrict the exercist: of general powers conferred in Section 1, in any proceeding covered thereby where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove the uncertainty. Section 9. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Section 10. Nothing in this Act is intended to impair the equity jurisdiction of the Superior Courts of the State as such jurisdiction now exists. Section 11. If any provision of this Act, or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of the act and the applicability of such provision to other persons or circumstances shall not be affected thereby. Section 12. All laws and parts of laws in conflict herewith are hereby repealed. Section 13. The purpose of this Act is to settle and afford relief from uncertainty and insecurity with the respect to rights, status and other legal relations, and is to be liberally construed and administered. The president presented to the Senate Mr. and Mrs. Chicken Chichester and former Senator Kimbrough of Chipley, Georgia, and Honorable Ralph Dawson of Long county. Senator Harrell of the 7th moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock Monday morning. MONDAY, FEBRUARY 12, 1945 349 Senate Chamber, Atlanta, Georgia. Monday, February 12, 1945. 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. E. Kelly Barnes, Superintendent of Toccoa Falls Institute. A girl trio consisting of Miss Mary Warver, Winston-Salem, N.C.; Mrs. Arthur Chamblee Jr., Winston-Salem, N. C.; and Miss Jane Braum of Syracuse, N. Y., students of the Toccoa Falls Institute, gave the scripture reading in song. Mrs. ]. T. Mathes, Director of the music department at Toccoa Falls, was presented to the Senate by the president. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th 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 Millican of the 52nd 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 bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting on third reading for final disposition general Senate and House bills. The consent was granted. Judge Mell Price of the Atlantic Circuit and Hon. C. J. Broome of Alma, Georgia, were presented by the president to the Senate. Sgt. DeFoor, veteran of World War II, was presented to the Senate by the president. The following bills and/or resolutions were introduced, read the first time and referred to c.ommittees: 350 JOURNAL OF THE SENATE SB 179. By Senator Millican of the 52nd: A bill to be entitled an Act to provide a Pension System for employees of the Hospital Authority; and for other purposes. Referred to Committee on State of Republic. SB 180. By Senator Millican of the 52nd: A bill to be entitled an Act to create the office of Deputy Recorder to preside in Recorder's Court and to fix his salary; and for other purposes. Referred to Committee on Municipal Governments. SB 181. By Senators Brown of the 6th and Gross of the 31st: A bill to be entitled an Act to repeal an Act approved March 27, 1941 (Georgia Laws 1941, pp. 432-439) relating to recount of ballots in primary elections; and for other purposes. Referred to Committee on State of Republic. SB 182. By Senator Walker of the 45th: A bill to be entitled an act to provide in counties having a population of less than 18,000 now having Probation Officers, that the county commissioners shall approve his appointment and fix his salary; and for other purposes. Referred to Committee on Special Judiciary. SB 183. By Senator Mavity of the 44th: A bill to be entitled an Act to abolish the city court of Walker county; and for other purposes. Referred to Committee on Counties and County Matters. SR 25. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2, by providing the commissioners of Fulton county may levy as one ad valorem tax a sufficient milleage to cover all county purposes without making a specific levy for specific purposes; and for other purposes. Referred to Committee on Amendments to Constitution. SB 184. By Senator McGinty of the 43rd: A bill to be entitled an Act to amend the Charter of the City of Calhoun to MONDAY, FEBRUARY 12, 1945 351 authorize the levy of a tax of 1.5 per cent on real and personal property for school purposes; and for other purposes. Referred to Committee on Municipa( Government. Mr. Edenfield of the 2nd 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 Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 161. Do Pass Respectfully submitted, M. Edenfield of 2nd district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties anq County l\1atters 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 158. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Harrell of the 7th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report: Mr. President: Your Committee on Amendments to the Constitution have had under consideration the following HR 11 (the new constitution) and have instructed me as chairman to report the same back to the Senate with the following recommendations: HR 11. Do Pass Respectfully submitted, Harrell of 7th district, Chairman. 352 JOURNAL OF THE SENATE Mr. Holsenbeck of the 27th District, Chairman of the Committee on Agriculture, has 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 75. Do Pass by substitute Respectfully submitted, W. M. Holsenbeck of 27th district, Chairman. Mr. Drinkard of 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the Governor: SB 62 SB 46 SB 81 SB 17 SB 13 SB 55 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the MONDAY, FEBRUARY 12, 1945 353 Senate as correct and ready for transmission to the House: SB 63 SB 101 SB 139 SB 144 SB 163 . Respectfully submitted, Nix of 32nd district, Chairman. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the reqms1te constitutional majority the following bills and resolution of the House to wit: HB 326. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an Act to amend the charter of the City of Gainesville so as to provide for zoning and planning laws; and for other purposes. HB 329. By Mr. Hefner of Pickens: A bill to be entitled an Act to amend the charter of the City of Jasper to give the authorities the right to open, close, increase or reduce widths of streets; and for other purposes. HB 338. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of the City of Atlanta, to provide the method of electing and the term of office of the building inspector; and for other purposes. HB 345. By Mr. Matthews of Peach: A bill to be entitled an Act to amend the charter of the City of Fort Valley, defining the duties of the Water and Light Commission and how utilities owned by the City may be extended or enlarged; and for other purposes. HB 349. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to amend the charter of the City of Augusta, to 354 JOURNAL OF THE SENATE provide that members of the Police and Fire Department may be granted leaves of absence to accept other positions; and for other purposes. HB 358. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an Act to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes. HB 384. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of the City of Atlanta by adding a new paragraph dealing with revenues of the school department; and for other purposes. HR 31. By Messrs. Gowen of Glynn, Hand of Mitchell, Hooks of Emanuel, Connell of Lowndes, Hubert and McCurdy of DeKalb: A resolution providing that a committee composed of the same members be renamed to work with the Milk Control Board in securing a continuance of the payment of subsidy by the Federal Government to Milk Producers; and for other purposes. The following message was received from the House through Mr. P'. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate to wit: SB 76. By Senator Edenfield of the 2nd: A bill to be entitled an Act to abolish the city court of Darien, Mcintosh county, Georgia; to transfer all cases pending therein to the Superior Court in said county; to repeal the Act creating the City Court of Darien in McIntosh county, Georgia (Acts 1929, pp. 409-420) as amended by an Act approved March 27, 1941 {Acts 1941, pp. 644-645) as amended by an Act approved February 11, 1943 (Acts 1943, pp. 749-752); and for other purposes. SB 87. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county"; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: MONDAY, FEBRUARY 12, 1945 35S Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 261. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to amend the charter of the City of Augusta to provide for a pension fund for permanent employees of the city; and for other purposes. HB 287. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an Act to amend the charter of the City of Gainesville so as to fix the compensation for members of the City Commission; and for other purposes. HB 296. By Messrs. Bargeron and Cates of Burke: A bill to be entitled an Act to amend the charter of the City of Waynesboro to authorize Mayor and Council to sell property belonging to said municipality; and for other purposes. HB 301. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an Act to authorize the Griffin-Spalding County Hospital Authority to spend or invest any monies received from any source; and for other purposes. HB 304. By Mr. Bloodworth of Houston: A bill to be entitled an Act to amend the charter of the City of Perry by extending the City Limits; and for other purposes. HB 309. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to amend the charter of the City of Augusta so as to increase the contribution of Firemen and Policemen to the pension fund; and for other purposes. HB 317. By Mr. Willoughby of Clinch: A bill to be entitled an Act to amend the charter of the City of Homerville to provide for the term of the Mayor and Aldermen and the method of electing them; and for other purposes. HB 323. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an Act to extend the city limits of the City of Pelham; and for other purposes. 356 JOURNAL OF THE SENATE The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the reqmstte constitutional majority the following bills and resolution of the House to wit: HB 414: By Mr. Burch of Dodge: A bill to be entitled an Act to increase the salary of the Judge of the City Court of Eastman; and for other purposes. HB 415: By Mr. Burch of Dodge: A bill to be entitled an Act to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying same; and for other purposes. HR 24. By Messrs. Gilbert and Gowen of Glynn: A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn county; and for other purposes. HB 400. By Mr. Ansley of Lee: A bill to be entitled an Act to provide for five members of the Board of Commissioners of Roads and Revenues for Lee county; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., 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 291. By Mr. Dorsey of White: A bill to be entitled an Act to fix the salary of the Chairman and Clerk of the Board of Commissioners of Roads and Revenues of White County; and for other purposes. HB 328. By Mr. Ray of Warren: A bill to be entitled an Act to fix the salary for the Commissioner of Roads MONDAY, FEBRUARY 12, 1945 357 and Revenues, and a Clerk, for Warren County; and for other purposes. HB 332. By Mr. Gaskins of Berrien: A bill to be entitled an Act to provide that the Tax Commissioner of Berrien County shall retain fees for issuing fi fas in addition to his salary; and for other purposes. HB 334. By Mr. Fowler of Douglas: A bill to be entitled an Act to abolish the office of Treasurer of Douglas County and provide for a disbursing clerk and a county depository; and for other purposes. HB 335. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to increase school taxes in Richmond County from 12 to 15 mills; and for other purposes. HB 396. By Mr. Sparks of Towns: A bill to be entitled an Act to repeal an Act approved March 2, 1933 (Acts 1933, p. 236) which authorizes County Boards of Registrars and the Ordinary to assist the Tax Collector in registering voters; and for other purposes. HB 403. By Messrs. Livingston and Lane of Polk: A bill to be entitled an Act to provide members of the Board of Commissioners of Polk County shall be elected from their respective road districts, and not from the county as a whole ; and for other purposes. HB 404. By Mr. Sheffield of Miller: A bill to be entitled an Act to abolish the City Court of Miller county; and for other purposes. HB 411. By Messrs. Livingston and Lane of Polk: A bill to be entitled an Act to provide for a Clerk of the Board of Commissioners of Roads and Revenues of Polk County and fix the salary; and for other purposes. The following bills and resolutions of the House were read the first time and referred to committees: HB 384. By Mr. Etheridge of Fulton and others: 358 JOURNAL OF THE SENATE A bill to amend the charter of the City of Atlanta by adding a new paragraph dealing with revenues of the school department; and for other purposes. Referred to Committee on Municipal Government. HB 396. By Mr. Sparks of Towns: A bill to repeal an Act approved March 2, 1933 (Acts 1933, p. 236) which authorize County Boards of Registrars and the Ordinary to assist the Tax Collector in registering voters; and for other purposes. Referred to Committee on Counties and County Matters. HB 296. By Mr. Bargeron of Burke: A bill to amend the charter of the City of Waynesboro to authorize Mayor and Council to sell property belonging to said municipality; and for other purposes. Referred to Committee on Municipal Government. HB 287 By Mr. Hardy of Hall: A bill to amend the Charter of the City of Gainesville so as to fix the compensation for members of the City Commission; and for other purposes. Referred to Committee on Municipal Government. HB 400. By Mr. Ansley of Lee: A bill to provide for five members of the Board of Commissioners of Roads and Revenues for Lee County; and for other purposes. Referred to Committee on Counties and County Matters. HB 403. By Mr. Livingston of Polk and others: A bill to provide members of the Board of Commissioners of Polk County shall be elected from their respective road districts, and not from the county as a whole; and for other purposes. Referred to Committee on Counties and County Matters. HB 404. By Mr. Sheffield of Miller: A bill to abolish the City Court of Miller County; and for other purposes. Referred to Committee on Counties and County Matters. MONDAY, FEBRUARY 12, 1945 359 HB 411. By Mr. Liyingston of Polk and others: A bill to provide for a clerk of the Board of Commissioners of Roads and Revenues of Polk County and to fix the salary; and for other purposes. Referred to Committee on Counties and County Matters. HB 261. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta to provide for a pension fund for permanent employees of the City; and for other purposes. Referred to Committee on Municipal Government. HB 291. By Mr. Dorsey of White: A bill to fix the salary of the Chairman and Clerk of the Board of Commissioners of Roads and Revenues of White county; and for other purposes. Referred to Committee on Counties and County Matters. HB 329. By Mr. Hefner of Pickens: A bill to amend the charter of the City of Jasper to give the authorities the right to open, close, increase or reduce widths of streets; and for other purposes. Referred to Committee on Municipal Government. HB 328. By Mr. Ray of Warren: A bill to fix the salary for the Commissioner of Roads and Revenues, and a Clerk, for Warren county; and for other purposes. Referred to Committee on Counties and County Matters. HB 332. By Mr. Gaskins of Berrien: A bill to provide that the Tax Commissioner of Berrien county shall retain fees for issuing fi fas in addition to his salary; and for other purposes. Referred to Committee on Counties and County Matters. HB 334. By Mr. Fowler of Douglas: A bill to abolish the office of Treasurer of Douglas county and provide for a disbursing clerk and a county depository; and for other purposes. Referred to Committee on Counties and County Matters. 360 JOURNAL OF THE SENATE HB 335. By Mr. Holley of Richmond and others: A bill to increase school taxes in Richmond county from 12 to 15 mills; and for other purposes. Referred to Committee on Counties and County Matters. HB 338. By Mr. Etheridge of Fulton and others: A bill to amend the charter of the City of Atlanta, to provide the method of electing and the term of office of the building inspector; and for other purposes. Referred to Committee on Municipal Government. HB 301. By Mr. Arnold of Spalding and others: A bill to authorize the Griffin-Spalding County Hospital Authority to spend or invest any monies received from any source; and for other purposes. Referred to Committee on Counties and County Matters. HB 304. By Mr. Bloodworth of Houston: A bill to amend the charter of the City of Perry by extending the city limits; and for other purposes. Referred to Committee on Municipal Government. HB 309. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta so as to increase the contribution of Firemen and Policemen to the pension fund; and for other purposes. Referred to Committee on Municipal Government. HB 317. By Mr. Willoughby of Clinch: A bill to amend the charter of the City of Homerville to provide for the term of Mayor and Aldermen and the method of electing them; and for other purposes. Referred to Committee on Municipal Government. HB 323. By Mr. Hand of Mitchell and others: A bill to extend the city limits of the City of Pelham; and for other purposes. Referred to Committee on Municipal Government. MONDAY, FEBRUARY 12, 1945 361 HB 326. By Mr. Hardy of Hall and others: A bill to amend the charter of the City of Gainesville so as to provide for zoning and planning laws; and for other purposes. Referred to Committee on Municipal Government. HB 345. By Mr. Matthews of Peach: A bill to amend the charter of the City of Fort Valley, defining the duties of the Water and Light Commission and how utilities owned by the city may be extended or enlarged; and for other purposes. Referred to Committee on Municipal Government. HB 349. Br. Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta, to provide that members of the Police and Fire Department may be granted leaves of absence or accept other positions; and for other purposes. Referred to Committee on Municipal Government. HB 358. By Mr. Connell of Lowndes and others: A bill to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes. Referred to Committee on Municipal Government. HB 414. By Mr. Burch of Dodge: A bill to increase the salary of the Judge of the Citv Cot:rt of Eastman; and for other purposes. Referred to Committee on Counties and County :H 11 .~:rs. HB 415. By Mr. Burch of Dodge: A bill to provide for the appointment of a probation officer for Dodge County; to fix his compensation and the method of paying same; and for other purposes. Referred to Committee on Counties and County Matters. HR 24. By Mr. Gilbert of Glynn and others: A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn County; and for other purposes. 362 JOURNAL OF THE SENATE Referred to Committee on State of Republic. HR 31. By Mr. Gowen of Glynn and others: A resolution providing that a committee composed of the same members be re-named to work with the Milk Control Board in securing a continuance of the payment of subsidy by the Federal Government to Milk Producers; and for other purposes. Referred to Committee on Agriculture. The following bills and resolutions of the House and Senate were favorably reported and read the second time : SB 158. By Senator Yawn of the 48th: A bill to be entitled an act to direct county authorities of Dodge County to pay J. C. Lewis, former sheriff, the sum of $1,775.80 to compensate him for loss of turnkey fees; and for other purposes. SB 161. By Senators Edenfield of the 2nd and Gross of the 31st: A bill to be entitled an Act to create the Georgia Aeronautics Commission to prescribe their powers and duties, to provide for hearings and investigations; and for other purposes. HR 11. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette and others: A resolution providing a new constitution for the State of Georgia by amending the constitution of 1877 and all amendments thereto; and for other purposes. Senator Millican of the 52nd moved that the following bill be withdrawn and recommitted to the Committee on Aviation, for the purpose of holding a public hearing: SB 99. By Senator Grayson of the 1st: A bill to be entitled an Act to prescribe conditions and regulations for common carriers by aircraft and to give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as the Georgia Air Commerce Act; and for other purposes. Senator Millican of the 52nd moved the ayes and nays. The roll call was as follows: MONDAY, FEBRUARY 12, 1945 363 Those voting in the affirmative were Senators: Baggett Bennett Bentley Brown Caldwell Chastain Cloud Daves Drak:e Edenfield Edwards Holsenbeck: McGinty Millican Moore Nix Norton Slaughter Turner of 34th Turner of 35th Walk:er Yawn Those voting in the negative were Senators: Branch Causey Cook: Deal Grayson Greene Hawes Hill Hodges Mavity Minchew Moate Peebles Rainey Riley Sabados Shedd Stone Wall Welsch Wellborn Not voting were Senators Battle of the 13th, Drinkard of the 29th, Freeman of the 22nd, Gillis of the 16th, Gould of the 4th, Harrell of the 12th, Harrell of the 7th and Smith of the 24th. By unanimous consent the verification of the roll call was dispensed with. On the motion of Senator Millican of the 52nd to withdraw SB 99 and recommit it to the Committee on Aviation, the ayes were 22, nays 21. The motion prevailed. Senator Grayson of the 1st moved that the Committee on Aviation be instructed to conduct a public hearing on SB 99 tomorrow and report its findings not later than Wednesday, and the motion prevailed. Senator Edenfield of the 2nd, Chairman of the Committee on Aviation, announced that there would be a public hearing held on SB 99 in the Senate Chamber tomorrow at 2:00 P. M. Senator Turner of the 34th moved that the following bill be indefinitely postponed: SB 130. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: 364 JOURNAL OF THE SENATE A bill to be entitled an Act authorizing the several municipalities and counties of this State to acquire, construct, maintain and operate public parking places; and for other purposes. The motion prevailed. The following bills of the House were read the third time and put upon their passage: HB 148. By Mr. Hicks of Floyd and others: A bill to amend the charter of the City of Rome by extending the city limits; by increasing the tax limit from two and one-fourth to two and one- half per cent; to provide certain retirement pay to city employees; and for other purposes. The report of the committee, which was favorable to the passage of the bill. was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 268. By Mr. Seagraves of Madison: A bill to abolish the city court of Danielsville; and for other purposes. The report 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 285. By Mr. Willis of Irwin: A bill to fix the salaries of the Commissioner of Roads and Revenues and the Clerk of the Board in Irwin 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 218. By Mr. Gibson of Seminole: A bill to provide a new registration book for voters in Seminole county and MONDAY, FEBRUARY 12, 1945 365 to require all persons to re-register before January 1, 1946; and for other purposes. The report 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 294. By Mr. Overby of Stewart: A bill to fix the salary of the tax commissioner of Stewart county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 292. By Mr. Dorsey of White: A bill to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 311. By Mr. Hallots; to provide for a salary for the Mayor and Aldermen; to provide the city may furnish a memorial home to the American Legion ; and for other purposes. The report of the committee, which was favqrable 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. 368 JOURNAL OF THE SENATE SB 163. By Senator Yawn of the 48th: A bill to be entitled an Act to amend the charter of the City of Eastman by providing city council shall not grant, renew or extend any public utility franchise in the City of Eastman without first having a referendum; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 139. By Senators Harrell of the 7th and Branch of the 47th: A bill to be entitled an Act authorizing the State Board of Education to receive Federed funds or other funds for adult 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 63. By Senator Welsch of the 39th: A bill to be entitled an act to make it lawful to hunt or kill rabbits at any time 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. Senator Welsch of the 39th moved that the bill be immediately transmitted to the House, and the motion prevailed. Senator Yawn of the 48th asked unanimous consent that HB 414 and HB 415 be committed to Committee on Counties and County Matters instead of Special Judiciary, and the consent was granted. Senator Welsch moved that the following Senate bill be indefinitely postponed and the motion prevailed. MONDAY, FEBRUARY 12, 1945 369 SB 71. By Senator Welsch of the 39th: A bill to be entitled an Act to prohibit any person who was a candidate for office at a primary election from being a candidate for the same office at the ensuing general election; and for other purposes. SB 115. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the motor fuel tax act by providing information, records and reports required under chapter 92-14 titled "Motor Fuel and Kerosene"; shall be exempt from the provisions of this Act; and for other purposes. The report of the committee, which was favorl\ble to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Millican of the 52nd asked unanimous consent that he be recorded as voting against SB 98 which was passed on Thursday, February 8th, in his absence. The consent was granted. SB 144. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an Act to officially adopt a system of coordination for designating the positions of points on the surface of the earth within this State ; and for other purposes. Senator Edwards of the 28th offered the following amendment: Amend SB 144 by adding the following: "Provided that after the passage of the bill, it shall be required of all surveyors and engineers to locate at least one corner of each tract of land surveyed by them with reference to an established geodetic marker. The amendment was adopted. Senator McGinty of the 43rd offered the following amendment: Amend SB 144 by inserting in Section 1, after the name of "Gilmer", m the fourth paragraph of said Section the name "Gordon". The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. 370 JOURNAL OF THE SENATE On the passage of the bill as amended, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Gross of the 31st asked unanimous consent that consideration of SB 153 be postponed until tomorrow morning and the consent was granted. Senator Millican of the 52nd moved that the Senate do now adjourn. Senator Sabados of the lOth moved the ayes and nays and the motion was lost. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. TUESDAY, FEBRUARY 13, 1945 371 Senate Chamber, Atlanta, Georgia. Tuesday, February 13, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. The call of the roll was dispensed with, by unanimous consent. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting upon third reading for final disposition general Senate and House bills. 7. Consideration of HR 11. The consent was granted. The president presented to the Senate, Judge Gordon Knox of the Brunswick Circuit; Mrs. Gillis, mother of Senator Gillis of the 16th; and the Seventh Grade of Marietta School with their Superintendent, Mr. Atley, and Principal, Mr. Whithead. The following bills and/or resolutions were introduced, read the first time, and referred to committees: SB 185. By Senators Haws of the 30th, and Hill of the 36th: A bill to be entitled an Act to repeal an Act approved March 17, 1943, {Georgia Laws, 1933, pp. 216-222) creating the offices of State Highway Director, Treasurer of the State Highway Department, and a State Highway Commission; to create a State Highway Board of ten members to be 372 JOURNAL OF THE SENATE elected by the General Assembly, with a chairman, treasurer, and State Highway Engineer; and for other purposes. Referred to Committee on Highways and Public Roads. SB 186. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of Atlanta to provide how employees and officers of the police, fire, and education department, Carnegie Library and its branches may come under the Civil Service System, and to provide for classification of Employees; and for other purposes. Referred to Committee on Municipal Government. SB 187. By Senators Bentley of the 25th, Minchew of the 5th, Rainey of the 11th, Causey of the 46th, Brown of the 6th, Hodges of the 26th, Nix of the 32nd and Gillis of the 16th: A bill to be entitled an Act to amend the Motor Fuel Tax Law by exempting gasoline used on farms from being subject to the tax; and for other purposes. Referred to Committee on Finance. SB 188. By Senator Grayson of the 1st: A bill to be entitled an Act to amend sub-paragraph 6 of sub-paragraph h of section 54-657 of the Code by striking the word "and" at the end of subparagraphs (A) and (B) and inserting the word "Or" in place of the word "and"; and for other purposes. Referred to Committee on Special Judiciary. SB 189. By Senator Hawes of the 30th: A bill to be entitled an act to fix the salary of the Commissioner of Roads and Revenues of Elbert county; and for other purposes. Referred to Committee on Counties and County Matters. SB 190. By Senator Hawes of the 30th: A bill to be entitled an act to fix the salary of the Clerk of the Commissioner of Roads and Revenues of Elbert county; and for other purposes. Referred to Committee on Counties and County Matters. TUESDAY, FEBRUARY 13, 1945 373 SB 191. By Senators Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to provide no special officers or deputy sheriff may be appointed to enforce traffic laws on the highways of the county until such officer is first approved by the Department of Public Safety; and for other purposes. Referred to Committee on Counties and County Matters. SR 26. By Senators Shedd of the 3rd, Minchew of the 5th, Harrell of the 7th, Causey of the 46th, Gould of the 4th, Grayson of the 1st, Gillis of the 16th, Edenfield of the 2nd and Holsenbeck of the 27th: A resolution requesting the Board of Regents of the University System of Georgia to provide the Tifton Experiment Station with funds to conduct pasture experiments; and for other purposes. Referred to Committee on University System of Georgia. SB 192. By Senators Millican of the 52nd, Sabados of the lOth and Gross of the 31st: A bill to be entitled an Act providing that all poll taxes which have accrued for the year 1945 and all previous years which have not been collected are hereby abolished; and for other purposes. Referred to Committee on Finance. SB 193. By Senator Cook of the 42nd: A bill to be entitled an Act to amend the charter of the City of Summerville by extending the city limits; and for other purposes. Referred to Committee on Municipal Government. SB 194. By Senator Minchew of the 5th: A bill to be entitled an Act to amend the Charter of the Town of Willacoochee to change the time of electing the Mayor and Councilmen; and for other purposes. Referred to Committee on Municipal Government. SB 195. By Senator Bentley of the 25th: A bill to be entitled an Act to provide that no member of the Board of Commissioners of Roads and Revenues of Upson county shall be Mayor of the 374 JOURNAL OF THE SENATE City of Thomaston while serving as a member of said Board; and for other purposes. Referred to Committee on Counties and County Matters. Mr. Edenfield of the 2nd District, Chairman of the Committee on Aviation, submitted the following report: Mr. President: Y~ur Committee on Aviation have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 99. Do P'ass Respectfully submitted, Edenfield of 2nd district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 384. Do Pass by substitute Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 338. Do Pass Respectfully submitted, Turner of 34th district, Chairman. TUESDAY, FEBRUARY 13, 1945 375 Mr. Daves of the 14th 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 hill of the Senate and have instructed me as Chairman, to report the same hack to the Senate with the following recommendation: SB 176. Do Pass Respectfully submitted, Daves of 14th district, Chairman. Mr. Holsenheck of the 27th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture 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 recommendation: SB 178. Do Pass Respectfully submitted, Holsenheck of 27th district, Chairman. Mr. Freeman of the 22nd 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 hills and resolution of the Senate and have instructed me as Chairman to report the same hack to the Senate with the following recommendations: SR 24. Do Pass SR 23. Do Pass SB 175. Do Pass SB 179. Do Pass SB 83. Do Not Pass 376 JOURNAL OF THE SENATE SB 155. Do Pass as amended SB 129. Do P'ass as amended Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Causey of the 46th 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 122. Do Pass SB 145. Do Pass SB 149. Do Pass SB 156. Do P'ass SB 159. Do Pass Respectfully submitted, Causey of 46th district, Chairman. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: !J'he House has passed by the requisite constitutional majority the following bills of the House to wit: HB 295. By Mr. Parham of Heard: A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Heard county, effective January 1, 1949, and for other purposes. HB 399. By Messrs. Lam, Trotter and Dallis of Troup: A bill to be entitled an Act to amend the charter of the City of Hogansville to provide a commission form of government with a city manager; and for other purposes. TUESDAY, FEBRUARY 13, 1945 377 HB 421. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities, to fix the salary for the Board of Tax Appeals; and for other purposes. HB 423. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to authorize Bibb county authorities to levy a license or occupation taxes on all businesses outside of incorporated towns in Bibb county; and for other purposes. HB 447. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the Act creating a Board of Tax Assessors for the City of Macon to provide for the assessment or re-assessment of property for taxation; and for other purposes. HB 448. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an Act to amend the Charter of the City of Columbus to provide the city Fire Department may enter into agreements and receive compensation for fighting fire within the County of Muscogee outside the city limits of Columbus; and for other purposes. 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 bills of the Senate to wit: SB 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to provide for making of procedure and practice in the courts of this State simpler by vesting in the Justices of the Supreme Court the power to adopt, modify and repeal rules of procedure; and for other purposes. SB 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st: A bill to provide for the service of process, summonses and notices by using a duplicate original in counties other than where the case is pending; and for other purposes. SB 22. By Senator Peebles of the 18th: A bill entitled an Act to provide for the admissibility in evidence in .all 378 JOURNAL OF THE SENATE actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all circumstances; and for other purposes. SB 36. By Senators Wellborn of the 40th, Minchew of the 5th and Edenfield of the 2nd: A bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved August 12, 1918, entitled "An Act to fix the amount of fees the sheriffs of this State shall be entitled to charge and collect for the performance of official duties; and for other purposes. 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 and resolutions of the Senate to wit: SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to provide for the holding of bar examinations in this State, to repeal all laws in conflict therewith; and for other purposes. SB 12. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd: A bill to be entitled an Act to create a Judicial Council for the State of Georgia, to provide for the membership thereof; and its duties and authority. SR 17. By Senators orton of the 33rd and Wellborn of the 40th: A resolution to provide for a committee of three from the Senate and five from the House, to be appointed by the presiding officers to investigate and make recommendations on the conditions of the State Tuberculosis Sanatorium at Alto. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the TUESDAY, FEBRUARY 13, 1945 379 following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 180. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 174. Do Pass SB 184. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Moate, of the 20th 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 173. Do Pass HB 302. Do Pass HB 332. Do Pass HB 404. Do Not Pass HB 328. Do Pass HB 301. Do Pass HB 291. Do Pass HB 414. Do Pass HB 415. Do Pass 380 JOURNAL OF THE SENATE HB 411. Do Pass HB 403. Do Pass HB 334. Do P'ass HB 396. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Turner of the 34th 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 329. Do Pass HB 296. Do Pass HB 358. Do Pass HB 345. Do Pass HB 317. Do Pass HB 326. Do Pass HB 323. Do Pass HB 304. Do Pass Respectfully submitted, Turner of 34th district, Chairman. The following bills of the House were read the first time and referred to committees. HB 295. By Mr. Parham of Heard: A bill to create the office of Commissioner of Roads and Revenues of Heard county, effective January 1, 1949; and for other purposes. Referred to Committee on Counties and County Matters. TUESDAY, FEBRUARY 13, 1945 381 HB 399. By Mr. Lam of Troup and others: A bill to amend the charter of the City of Hogansville to provide a commission form of government with a city manager; and for other purposes. Referred to Committee on Municipal Government. HB 421. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities, to fix the salary for the Board of Tax Appeals; and for other purposes. Referred to Committee on Municipal Government. HB 423. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to authorize Bibb county authorities to levy a license or occupation taxes on all business outside of incorporated towns in Bibb county; and for other purposes. Referred to Committee on Counties and County Matters. HB 447. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the Act creating a Board of Tax Assessors for the City of Macon to provide for the assessment or re-assessment of property for taxation; and for other purposes. Referred to Committee on Municipal Government. HB 448. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus, to provide the city Fire Department may enter into agreements and receive compensation for fighting fires within the County of Muscogee outside the city limits of Columbus; and for other purposes. Referred to Committee on Counties and County Matters. The following bills and resolutions of the Senate and House reported favorably by the committees were read the second time: SB 122. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an Act to repeal Chapters 71-1 and 71-2 of Title 71 of the Code and substitute a new chapter 71-1 which provides that Notaries Public shall be appointed by the judges of the Superior Court; to fix the fees for their official acts; and for other purposes. 382 JOURNAL OF THE SENATE SB 149. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act to repeal Code Section 95-1715 and substituting a new section to authorize the State Highway Department to condemn property for borrow pits; and for other purposes. SB 145. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an act establishing an optional method to condemn rights of way by the State Highway Department and counties; and for other purposes. SB 156. By Senator Welsch of the 39th: A bill to be entitled an Act to Amend Chapter 26-81 of the Code to provide a new Section to he known as Section 26-8117, to make it a misdemeanor to empty, dump, or otherwise place trash, garbage, or other discarded materials upon the right-of-way of any public road, or highway; and for other purposes. SB 159. By Senator Yawn of the 48th: A bill to be entitled an Act to fix the venue of suits against insurance companies; to provide suits may be brought in the county of the residence of the insured or any beneficiary; and for other purposes. SB 129. By Senators Gross of the 31st, Stone of the 15th, Causey of the 46th, Har rell of the 7th and Branch of the 47th: A bill to be entitled an act to regulate the operation of road houses, cabin camps, tourist camps and public dance halls; and for other purposes. SB 155. By Senators Drake of the 8th and Freeman of the 22nd: A bill to be entitled an Act to amend Code Section 34-3402 to provide that political mass meetings may be held in the courthouse, or other public buildings; and for other purposes. SB 179. By Senator Millican of the 52nd: A bill to be entitled an act to provide a Pension System for employees of the Hospital Authority; and for other purposes. SB 175. By Senators Minchew of the 5th, Sabados of the lOth, Shedd of the 3rd, Edenfield of the 2nd, Freeman of the 22nd, Gross of the 31st, Grayson of the 1st and Norton of the 33rd. A bill to be entitled an Act to require railroads to equip all main lines TUESDAY, FEBRT.TARY 13, 1945 383 switches with switch lights; to require the erection of mile post at points one mile from all passing track switches; and for other purposes. SB- 178. By Senators Bentley of the 25th, Holsenbeck of the 27th and Greene of the 21st: A bill to be entitled an Act to regulate the marketing of eggs and protect the egg producer; and for other purposes. SB 176. By Senators Hawes of the 30th and Rainey of the 11th: A bill to be entitled an Act to require the inoculation of all dogs in Georgia once a year with rabies vaccine ; and for other purposes. SR 24. By Senators Grayson of the 1st, Deal of the 49th, Gould of the 4th and Edenfield of the 2nd: A resolution directing the Governor, the Agricultural and Industrial Development Board, department heads and all state employees to work toward bringing about the return of all property now comprising Camp Stewart Military Reservation to its original owners; and for other purposes. SR 23. By Senator Millican of the 52nd: A resolution giving consent on the part of the State for the City of Atlanta to construct ways, streets, roads, bridges, or viaducts over the W. & A Railroad between Spring Street Viaduct and Central Avenue Viaduct; and for other purposes. SB 174. By Senator Causey of the 46th: A bill to be entitled an Act to amend the charter of the City of Alma, to create a park and tree commission to have charge of parks, grass plats and cemeteries in the city; and for other purposes. SB 173. By Senator Cloud of the 19th: A bill to be entitled an Act to change the term of office of the Board of County Commissioners of Taliaferro county to four years and fix their compensation; and for other purposes. SB 180. By Senator Millican of the 52nd: A bill to be entitled an Act to create the office of Deputy Recorder to preside in Recorder's Court and to fix his salary; and for other purposes. 384 JOURNAL OF THE SENATE SB 184. By Senator McGinty of the 43rd: A bill to be entitled an Act to amend the charter of the City of Calhoun to authorize the levy of a tax of 1.5 per cent on real and personal property for school purposes; and for other purposes. HB 291. By Mr. Dorsey of White: A bill to fix the salary of the Chairman and Clerk of the Board of Commissioners of Roads and Revenues of White county; and for other purposes. HB 2%. By Mr. Bargeron of Burke: A bill to amend the charter of the City of Waynesboro to authorize Mayor and Council to sell property belonging to said municipality; and for other purposes. HB 328. By Mr. Ray of Warren: A bill to fix the salary for the Commissioner of Roads and Revenues, and a Clerk, for Warren county; and for other purposes. HB 411. By Mr. Livingston of Polk and others: A bill to provide for a clerk of the Board of Commissioners of Roads and Revenues of Polk county and to fix th.e salary; and for other purposes. HB 301. By Mr. Arnold of Spalding and others: A bill to authorize the Griffin-Spalding County Hospital Authority to spend or invest any monies received from any sources; and for other purposes. HB 329. By Mr. Hefner of Pickens: A bill to amend the charter of the City of Jasper to give the authorities the right to open, close, increase or reduce widths of streets; and for other purposes. HB 334. By Mr. Fowler of Douglas: A bill to abolish the office of Treasurer of Douglas county and provide for a disbursing clerk and a county depository; and for other purposes. HB 332. By Mr. Gaskins of Berrien: A bill to provide that the Tax Commissioner of Berrien County shall retain fees for issuing fi fas in addition to his salary; and for other purposes. rUESDAY, FEBRUARY 13, 1945 385 HB 396. By Mr. Sparks of Towns: A bill to be entitled an Act to repeal an Act approved March 2, 1933 (Acts 1933, p. 236) which authorize County Boards of Registrars and the Ordinary to assist the Tax Collector in registering voters; and for other purposes. HB 317. By Mr. Willoughby of Clinch: A bill to amend the charter of the City of Homerville to provide for the term of the Mayor and Aldermen and the method of electing them; and for other purposes. HB 345. By Mr. Matthews of Peach: A bill to amend the charter of the City of Fort Valley, defining the duties of the Water and Light Commission and how utilities owned by the city may be extended or enlarged; and for other purposes. HB 326. By Mr. Hardy of Hall and others: A bill to amend the charter of the City of Gainesville so as to provide for zoning and planning laws; and for other purposes. HB 323. By Mr. Hand of Mitchell and others: A bill to extend the city limits of the City of Pelham; and for other purposes. HB 302. By Mr. Campbell of Newton: A bill to fix the salary of the Treasurer of Newton County; and for other purposes. HB 384. By Mr. Etheridge of Fulton and others: A bill to amend the charter of the City of Atlanta by adding a new paragraph dealing with revenues of the school department; and for other purposes. HB 415. By Mr. Burch of Dodge: A bill to be entitled an Act to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying same; and for other purposes. HB 414. By Mr. Burch of Dodge: A bill to be entitled an Act to increase the salary of the Judge of the City Court of Eastman; and for other purposes. 386 JOURNAL OF THE SENATE HB 304. By Mr. Bloodworth of Houston: A bill to amend the charter of the City of Perry by extending the city limits; and for other purposes. HB 403. By Mr. Livingston of Polk and others~ A bill to provide members of the Board of Commissioners of Polk county shall be elected from their respective road districts, and not from the county as a whole; and for other purposes. HB 358. By Mr. Connell of Lowndes and others: A bill to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes. The following uncontested local bills were read the third time and put upon their passage: SB 50. By Senator Yawn of the 38th: A bill to be entitled an Act to prohibit the trapping or taking of muskrat, mink, beaver, otter, raccoon, o'possum, skunk, bobcat, fox, and weasel in Dodge county at any time; and for other purposes. The report 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 158. By Senator Yawn of the 48th: A bill to be entitled an Act to direct county authorities of Dodge county to pay J. C. Lewis, former sheriff, the sum of $1,775.80 to compensate him for loss of turnkey fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 165. By Senator Millican of the 52nd: A bill to be entitled an act to amend the pension system of the City of Atlanta to make to apply to all officers and employees and provide for payment of arrearage by members on military leave; and for other purposes. TUESDAY, FEBRUARY 13, 1945 387 Senator Sabados of the lOth 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: Baggett Bennett Branch Brown Caldwell Chastain Cloud Cook Daves Deal Drake . Edwards Freeman Gillis Grayson Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Mavity McGinty Millican Minchew Moate Nix Norton Peebles Rainey Riley Sabados Shedd Slaughter Stone Turner of 35th Walker Wellborn Not voting were Senators Battle of the 13th, Bentley of the 25th, Causey of the 46th, Drinkard of the 29th, Edenfield of the 2nd, Moore of the 38th, Smith of the 24th, Turner of the 34th, Wall of the 9th, Welsch of the 39th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. The report 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 Gould of the 4th asked unanimous consent that the following bill be withdrawn from further consideration, and the consent was granted: SB 171. By Senators Gould of the 4th and Edenfield of the 2nd: A bill to be entitled an Act to amend Code Section 24-2501 by creating a new judicial circuit to be known as the Southeastern Circuit, composed of the Counties of Appling, Wayne, and Jeff Davis, and placing Mcintosh in the Brunswick Circuit; and for other purposes. SB 160. By Senators Drake of the 8th and Gross of the 31st: A bill to be entitled an Act to provide for the distribution of motor fuel tax funds to the various counties on the basis of representation in the General J88 JOURNAL OF THE SENATE Assembly; and for other purposes. Senator Drake of the 8th 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: Bentley Branch Caldwell Causey Cloud Coole Deal Drake Edenfield Gould Grayson Holsenbeck Mavity Millican Moore Peebles Riley Sabados Slaughter Turner of 34th Welsch Wellborn Those voting in the negative were Senators: Baggett Bennett Edwards Freeman Greene Harrell of 12th Harrell of 7th Hawes Hill Brown Chastain Hodges McGinty Minchew Moate Nix Norton Rainey Daves Drinkard Shedd Stone Turner of 35th Walker Wall Yawn Not voting were Senators Battle of the 13th, Gillis of the 16th and Smith of the 24. By unanimous consent the verification of the roll call was dispensed with. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 22, nays 26. The bill, having failed to received the requisite constitutional majority, was lost. Senator Freeman of the 22nd asked unanimous consent that SB 175 be recommitted to the Committee on State of Republic for a public hearing. The consent was granted. TUESDAY, FEBRUARY 13, 1945 389 By unanimous consent HB 338 was withdrawn from the Committee on Municipal Government, read the second time and recommitted. SB 75. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck: of the 27th, Cook: of the 42nd and Chastain of the 41st: A bill to be entitled an Act to provide for the regulation of the packaging, labeling and sale of planting seed; and for other purposes. The Committee on Agriculture offered the following substitute: A BILL To be entitled an Act to provide for the protection of farmers in the pur- chase of planting seed. To provide regulations for the packaging, labeling, sale, and offering or exposing for sale of the same. To fix penalties for vio- lations thereof; and for other purposes. . BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Section 1. On and after the passage of this Act, it shall be unlawful for any person, firm or corporation to sell or offer for sale within the State any planting seed for field, garden, forest, orchard or other seed except after compliance with the provisions and conditions hereinafter set out. Section 2. Any person, firm or corporation which shall violate any of the provisions or conditions of this Act shall be guilty of a misdemeanor. All courts imposing sentences after conviction shall assess the defendant as a minimum with the costs of the court in the conviction, and such fine as the court in addition thereto may determine is reasonable. Section 3. Before selling or offering for sale within this State any planting seed of any kind, each person, firm or corporation, whether resident or non-resident, is required to file with the Commissioner of Agriculture, an annual registration expiring June 30th for each such place of business at which such seeds are sold, distributed, offered, or exposed for sale, or handled for sale. Such registration to show whether such dealer handles vegetable seed and/or field seed and/or forest seed. Registration may be rejected by the Commissioner of Agriculture in all cases where the Commissioner has information that the person, firm or corporation offering to register has been convicted in a court of competent jurisdiction of any violation of the seed laws of this State or any of the States, and in all cases where the person, firm or corporation seeking to register is known to be in possession of seeds for sale that do not meet the requirements of this Act. After registration is approved by the Commissioner of Agriculture, all persons, firms and corporations shall apply to the 390 JOURNAL OF THE SENATE Commissioner for a license to sell seed within this State. Such license when issued may be revoked by the Commissioner when after a full and complete investigation it is determined by the Commissioner that such licensee has violated the terms, conditions or provisions of this Act. Section 4. All seeds sold or offered for sale in this State shall have sufficient information on the outside container as will enable the Commissioner and his agents to identify the licensee selling such seeds after the sam eshall have been purchases. Such information may consist of the naq1e of the company or person licensed, together with the location of their business; or the terms and provisions of this Section may be met by stamping on such package with a rubber stencil the number and address of the licensee. Section 5. It shall be deemed a violation of the criminal provisions of this Act for any person, firm or corporation to sell, offer or expose for sale any seed, within this State, without having first secured a license from the Commissioner of Agriculture, except in the case of the farmer selling seed grown by him. Section 6. All licensees shall furnish the Commissioner with full and complete information as to the source from which seeds sold by them are procured. Such information shall be furnished once each month and in cases where the Commissioner has information that impure or mixed seeds or seeds not meeting the standards and requirements of this Act are being sold, he may call for such information to be furnished at such times in addition thereto as may be determined by the Commissioner for the proper enforcement of this Act. Retail licensee at the time of registration may comply with the terms and provisions of this Section by furnishing the name and address of persons from whom such licensees purchase seeds sold by such licensees. Section 7. When information is furnished to the Commissioner of Agriculture that any wholesale or retail licensee has sold, is selling, or is offering for sale any vegetable, field or forest seed for planting purposes which do not comply with the requirements of this Act, then the Commissioner of Agriculture shall investigate and determine whether or not such seeds are unsuitable for planting. If the Commissioner determines that such seeds are not suitable within the terms and provisions of this Act, he may require that such seeds be withdrawn from sale in this State and if such licensee refuses to comply with the requirements of the Commissioner as to withdrawal from sale, then in that event such seeds shall be seized by the Commissioner and held by him until such licensee shall have posted a bond in such amount as may be required by the Commissioner, which bond shall be conditioned on such licensee complying with the provisions of this Act and selling only seeds meeting the requirements of this Act; and any person planting any seeds that have been recovered from the Commissioner of Agriculture under the bond provided for herein and who may be damaged thereby shall have the right to sue and recover on such bond. The bond provided for herein as to amount and sureties shall be approved by the Commissioner of Agriculture. In addition to all other provisions of this Section, the Commissioner of Agricul- TUESDAY, FEBRUARY 13, 1945 391 ture is authorized and directed to require from any licensee who may have sold seeds not suitable for the purposes intended, to furnish immediately, where known to such licensee the names and addresses of growers to whom a portion of such seed may have been sold in order that the Commissioner of Agriculture may advise such purchaser as to the facts with reference to such seeds as determined by the Commissioner. Section 8. The Commissioner of Agriculture is authorized and directed to establish and adopt standards and grades for seed under the terms and provisions of this Act. Before any such standard or grade is fixed and determined, the Commissioner shall grant to all licensees the right to be heard, and upon any change in any standard or grade a like right to be heard shall be granted by the Commissioner. Any licensee shall have the right of immediate appeal from standards or grades fixed by the Commissioner to a jury in the Superior Court in the County of the residence of the Commissioner, or in Fulton county, should such licensee so elect. Section 9. The Commissioner of Agriculture is also authorized and empowered to make all reasonable rules and regulations for proper inspection and analysis of seed and to take all action necessary and appropriate for carrying out all the provisions of this Act, and the enforcement of same. Section 10. Any non-resident dealer or distributor of seed, at the time of registering with the Commissioner of Agriculture, as required by this Act shall name, in writing, a resident of the State of Georgia acceptable to the Commissioner to be his attorney in fact and on whom legal proceedings and service may be had, as agent, the same as if the principal himself were a resident of the State. The acceptance of the registration by the Commissioner of Agriculture and/or the sale or offering for sale of seed in this State shall be legal signification of the registrant's agreement that ANY NOTICE OF PROCESS SERVED ON HIS DESIGNATED AGENT in Georgia shall be of the same legal force and validity as if served upon the registrant personally. Section 11. Whenever any planter or grower in this State believes that he has been damaged in the planting and growing of any crop by the use of seeds in violation of the standards and requirements of this Act, he may request the Commissioner of Agriculture to conduct an investigation for the purpose of determining whether or not such seeds sold fail to meet the standards and requirements of this Act and whether or not such planter or grower has in fact been damaged by the use, planting and growing of his crop, and then findings of the Commissioner of Agriculture shall constitute prima facie evidence either for or against the licensee in any suit which may be brought in this State under the terms and provisions of this Act for damages. Section 12. The provisions of this Act shall be supplemental of and in addition to the provisions of existing laws with regard to sale of planting seed in Georgia and the provisions of existing law shall remain in force except where the provisions of this Act are in conflict with the same. In the event of conflicting provisions between this act and existing law, the provisions of this act shall prevail, and conflicting provisions are hereby repealed. 392 JOURNAL OF THE SENATE Section 13. All laws and parts of laws in conflict with this act are hereby repealed. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was read the third time and put upon its passage. HB 35. By Mr. Gowen of Glynn and others: A bill to provide for the retirement of Superior Court Judges; and for other purposes. Senator Freeman of the 22nd offered the following amendment: Amend HB 35 by adding the following Sections to be appropriately numbered: Section 8. Under this Act there is hereby created the Superior Court Judges Retirement Fund of Georgia. The Trustees of said Fund shall be the Governor of Georgia, the Treasurer of the State of Georgia and the Attorney General of Georgia. All payments to this Fund shall be made to the Treasurer of said State. Section 9. All Judges of the Superior Court of the State of Georgia who qualify under this Act shall be eligible to participate in said Fund. Section 10. All Judges of the Superior Court shall b!' permitted to pay into said Fund the amount of five per cent of the salaries paid to said Judges by the State of Georgia and any of said Judges who makes payment to this Fund shall be eligible to retire from office as Judge Emeritus at a salary of one half of the salary paid to said Judge by the State of Georgia provided he meets the following two conditions: (a) He has reached the age of seventy years and (b) he has for a continuous period of twenty years made payments to said Fund at the rate herein specified. However, all Judges who are over fifty years of age shall be eligible to retire at the age of seventy years at one half the salary paid by the State to said Judges, provided said Judges shall have served for twenty continuous years and shall have made payments to said Fund at the rate herein specified until they reach the age of seventy years, said payments to commence from the effective date of this Act. Section 11. All Judges of the Superior Court who have now passed the age of seventy years and who possessed twenty years of continuous service at the time they became seventy years of age shall be eligible to retire at their pleasure and shall be eligible to receive one half the salary paid to them by the State of Georgia, provided that said Judges make payments to said Fund from the effective date of this Act and they exercise their privilege of retirement. TUESDAY, FEBRUARY 13, 1945 393 Section 12. No Judge shall be eligible for benefits under this Act unless he shall have served twenty continuous years as a Superior Court Judge upon reaching the age of seventy years. In computing twenty continuous years the entire year in which a Judge becomes seventy years of age shall be counted as a part of said twenty years. Section 13. Judges making payments to this Fund shall make their payments at such time and at such regular intervals, not exceeding six months, as may be fixed by the Trustees of said Fund. Section 14. Any Judge may after thirty days written notice to the Trustees of this Fund withdraw his total payments, without interest, from said Fund and his right to participate in the benefits under this Act shall cease, unless the age of such Judge be such that he could resume payments for a period of twenty continuous years. Section 15. Any Judge who resigns or otherwise becomes disqualified to hold said office shall be entitled to withdraw the total amount, without interest, which he has paid' to said Fund;' or if any Judge dies the total amount, without interest, paid by him to said Fund shall be paid to his widow and if no widow to his personal representative. However, in the case of any Judge receiving benefit from this Fund at the time of his death has not received the total amount, without interest, paid by him to said Fund, his widow, and if there be no widow his personal representative, shall receive from said Fund the remainder of his payments to said Fund. Section 16. The State of Georgia shall pay to all Judges who are eligible for retirement under this Act the benefits herein provided without regard to the sufficiency of said Fund to pay said benefits. Section 17. The Trustees of this Fund are authorized to make such rules and regulations not inconsistent with this Act for the proper administration of this Act. Section 18. The Trustees of this Fund shall have authority to invest any of the monies received under this Act in any investments which are legal investments of trust funds under the laws of the State of Georgia. Section 19. The State Auditor is authorized to make an annual audit of the Superior Court Judges Retirement Fund of Georgia. The amendment was adopted. Senator Branch of the 47th offered the following amendment: Amend HB 35 (I} by striking from section two as amended the words and figures "12," and inserting in lieu thereof the words and figures "20," and (2) by striking from the third line of section 2 the words "either (a)," and (3) by striking from section two as amended the following words and figures: "or (b) shall have attained the age of sixty-five (65) years and shall have been in continuous service as a Judge of the Superior Court of this state for twenty (20) years," so that 394 JOURNAL OF THE SENATE section two as amended shall read as follows: "Any Judge of the Superior Courts of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in continuous service as a Judge of the Superior Court of this State for twenty ( 20) years shall be eligible for appointment to the office of Judge of the Superior Courts, Emeritus." The amendment was adopted. Senator Harrell of the 12th District moves. to amend HB 35 by striking the entire proviso from Section (3) the words Provided, however, that any Judge of the Superior Courts of this State who offers for re-election, and is defeated in a primary election or regular election, shall not be eligible to apply for or accept appointment as a Judge of the Superior Courts, Emeritus. The amendment was adopted. Senator Turner of the 34th moves to amend Section 4 by striking the figures "2/3" and the words "Two Thirds" wherever the same appear and substitute the figures ... l/2" and the words "one half" in lieu thereof. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, the ayes were 27, nays 12. The bill, having received the requisite constitutional majority, was passed as amended. The following privilege resolution was read and adopted: SR 29. By Senator Deal of the 49th: A resolution expressing appreciation to the Governor, members of the Committees who prepared the new constitution, and the Atlanta Constitution and Atlanta Journal for publishing same. On motion of Senator Millican of the 52nd the Senate recessed at 1:00 P. M. and reconvened at 1:45 P. M. at which time HR 11 was taken up for consideration. HR 11. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, and others: A RESOLUTION Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1877 and all amendments thereof, by striking in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judi- TUESDAY, FEBRUARY 13, 1945 395 ciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), and by inserting in lieu thereof, after the Preamble of the Constitution of the State of Georgia of 1877, new Articles as follows: Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI {Counties and Municipal Corporations), Article XII {The Laws of General Operation in Force in This State), Article XIII {Amendments to the Constitution), Article XIV (Merit System), and Article XV {Home Rule); and to provide for the submission of the Amendment so proposed as one Amendment to the qualified voters of the State of Georgia for ratification or rejection at' the General Election to be held in August, 1945. WHEREAS, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one .subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation, NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 That the Constitution of the State of Georgia of 1877 and all Amendments thereof appearing after the Preamble, be and it is, hereby proposed to be amended as one single amendment by striking therefrom in their entirety Article I {Bill of Rights), Article II (Elective Franchise), Article III {Legislative Department), Article IV (Power of the General Assembly over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X {Militia), Article XI (Counties and County Officers), Article XII {The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), and inserting in lieu thereof new Articles Numbers I through XV inclusive, so that when so amended, the Constitution of the State of Georgia of 1877 shall read, beginning with the Preamble, as follows: BILL OF RIGHTS PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve 396 JOURNAL OF THE SENATE peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. The paragraph was adopted. ARTICLE I. SECTION I PARAGRAPH I. ORIGIN AND FOUNDATION OF GOVERNMENT. All Government, or right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. P'ublic officers are the trustees and servants of the people, and at all times, amendable to them. The paragraph was adopted. Paragraph II. PROTECTION THE DUTY OF GOVERNMENT. Protection to person and property is the paramount duty of government, and shall be impartial and complete. The paragraph was adopted. Paragraph III. LIFE, LIBERTY, AND PROPERTY. No person shall be deprived of life, liberty, or property, except by due process of law. The paragraph was adopted. Paragraph IV. RIGHT TO THE COURTS. NO PERSON shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. The paragraph was adopted. Paragraph V. BENEFIT OF COUNSEL; ACCUSATION; list of witnesses; compulsory process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. The paragraph was adopted. P'aragraph VI. CRIMINATION OF SELF NOT COMPELLED. No person shall be compelled to give testimony tending in any manner to criminate himself. The paragraph was adopted. Paragraph VII. BANISHMENT AND WHIPPING AS PUNISHMENT FOR CRIME. Neither banishment beyond the limits of the State, nor whipping, as .a punishment for crime, shall be allowed. TUESDAY, FEBRUARY 13, 1945 397 The paragraph was adopted. Paragraph VIII. JEOPARDY OF LIFE OR LIBERTY MORE THAN ONCE FORBIDDEN. No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his or her own motion for a new trial after conviction, or in case of mistrial. The paragraph was adopted. Paragraph IX. BAIL; PUNISHMENT; ARREST, ABUSE OF PRISONERS. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. The paragraph was adopted. P'aragraph X. COSTS. NO PERSON shall be compelled to pay costs except after conviction on final trial. The paragraph was adopted. Paragraph XI. HABEAS CORPUS. The writ of Habeas Corpus shall not be suspended. The paragraph was adopted. Paragraph XII. FREEDOM OF CONSCIENCE. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience. The paragraph was adopted. Paragraph XIII. RELIGIOUS OPINIONS; LIBERTY OF CONSCIENCE. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. The paragraph was adopted. Paragraph XIV. APPROPRIATIONS TO CHURCHES, SECTS, ETC., FORBIDDEN. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. The paragraph was adopted. Paragraph XV. LIBERTY OF SPEECH OR OF THE PRESS GUARANTEED. No law shall ever be passed to curtail, or restrain the liberty of speech, o,r of the press; any person may speak, write and publish his sentiments, on all subjects, 398 JOURNAL OF THE SENATE being responsible for the abuse of that liberty. The paragraph was adopted. Paragraph XVI. SEARCHES, SEIZURES, AND WARRANTS. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. The paragraph was adopted. Paragraph XVII. SLAVERY AND INVOLUNTARY SERVITUDE. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. The paragraph was adopted. Paragraph XVIII. STATUS OF THE CITIZEN. The social status of the citizen shall never be the subject of legislation. The paragraph was adopted. Paragraph XIX. CIVIL AUTHORITY SUPERIOR TO MILITARY. The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. The paragraph was adopted. Paragraph XX. CONTEMPTS. The power of the Courts to punish for contempt shall be limited by legislative acts. The paragraph was adopted. Paragraph XXI. IMPRISONMENT FOR DEBT. There shall be no imprisonment for debt. The paragraph was adopted. Paragraph XXII. ARMS, RIGHT TO KEEP AND BEAR. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. The paragraph was adopted. Paragraph XXIII. LEGISLATIVE, JUDICIAL, AND EXECUTIVE POWERS, SEPARATE. The legislative, judicial and executive powers shall for- TUESDAY, FEBRUARY 13, 1945 399 ever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided. The paragraph was adopted. Paragraph XXIV. RIGHT TO ASSEMBLE AND PETITION. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance. The paragraph was adopted. Paragraph XXV. CITIZENS, PROTECTION OF. All c1t1zens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship. The paragraph was adopted. Article I, Section I was adopted. SECTION II Paragraph I. LIBEL; JURY IN CRIMINAL CASES; NEW TRIALS. In all prosecutions or indictments for libel the truth may be given in evidence: and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction, is preserved. The paragraph was adopted. Paragraph II. TREASON. Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. The paragraph was adopted. Paragraph III. CONVICTION, EFFECT OF. No conviction shall work corruption of blood, or forfeiture of estate. The paragraph was adopted. Paragraph IV. LOTTERIES. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws. The paragraph was adopted. 400 JOURNAL OF THE SENATE Paragraph V. LOBBYING; PENALTIES. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. The paragraph vvas adopted. Paragraph VI. FRAUD; CONCEALMENT OF PROPERTY. The General Assembly shall have the povver to provide for the punishment of fraud; and, shall provide by lavv, for reaching property of the debtor concealed from the creditor. The paragraph vvas adopted. Article I, Section II vvas adopted. SECTION III Paragraph I. PRIVATE WAYS: JUST COMPENSATION. In case of necessity, private vvays may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, vvithout just and adequate compensation being first paid. The paragraph vvas adopted. Paragraph II. ATTAINDER: EX POST FACTO AND RETROACTIVE LAWS, ETC. No Bill of Attainder, expost facto lavv, retroactive lavv, or lavv impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. The paragraph vvas adopted. Paragraph III. REVOCATION OF GRANTS. No grant of special privileges or immunities shall be revoked, except in such manner as to vvork no injustice to the corporators or creditors of the incorporation. Senator McGinty of the 43rd District offered the follovving amendment: Amend HR 11 by striking Paragraph Ill, Section III, Article I. The amendment vvas adopted. Paragraph IV. REVOCATION OF TAX EXEMPTIONS. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. The paragraph vvas adopted. Article I, Section III vvas adopted, as amended. TUESDAY, FEBRUARY 13, 1945 401 SECTION IV Paragraph I. GENERAL LAWS: UNIFORM OPERATION: How Varied. Laws of a general nature shall have uniform operation throughout the State and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent. The paragraph was adopted. Paragraph II. WHAT ACTS VOID. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them. The paragraph was adopted. Article I, Section IV was adopted. SECTION V Paragraph I. STATE RIGHTS. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. The paragraph was adopted. Paragraph II. ENUMERATION OF RIGHTS NOT DENIAL OF OTHERS. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. The paragraph was adopted. Article I, Section V was adopted. SECTION VI Paragraph I. TIDE WATER TITLES: CONFIRMED. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed. Article I, Section VI was adopted. 402 JOURNAL OF THE SENATE ARTICLE II. ELECTIVE FRANCHISE. SECTION I. Paragraph I. ELECTIONS BY BALLOT; REGISTRATION OF VOTERS. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of laws. The paragraph was adopted. Paragraph II. WHO SHALL BE AN ELECTOR ENTITLED TO REGISTER AND VOTE. 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 qualifications 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. The paragraph was adopted. Paragraph III. WHO ENTITLED TO REGISTER AND VOTE. To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the elections. The paragraph was adopted. Paragraph IV. QUALIFICATIONS OF ELECTORS. Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section II of Article II of this Constitution, and who possesses the qualifications prescribed in Paragraph II and III of this Section or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph. 1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or, 2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation TUESDAY, FEBRUARY 13, 1945 ' 403 of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the registrars. The paragraph was adopted. Paragraph V. APPEAL FROM DECISION OF REGISTRARS. Any person whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of P'aragraph IV. shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of, and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. The paragraph was adopted. Paragraph VI. JUDGMENT OF FORCE PENDING APPEAL. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. The paragraph was adopted. Section I of Article II was adopted. SECTION II. Paragraph I. REGISTRATION OF ELECTORS: WHO DISFRANCHISED. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons. Section II of Article II was adopted. SECTION III. Paragraph I. PRIVILEGE OF ELECTORS FROM ARREST. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Section III of Article II was adopted. 404 JOURNAL OF THE SENATE SECTION IV. Paragraph I. HOLDER OF PUBLIC FUNDS. No person who is the holder or any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury. Section IV of Article II was adopted. SECTION V. Paragraph I. SALE OF LIQUORS ON ELECTION DAYS. The General Assembly shall, by law, forbid the sale, distribution, or furnishing of intoxicating drinks within two miles of election precincts, on days of election-State, county, or municipal, and prescribe punishment for any violation of the same. Senators Millican of the 52nd, McGinty of the 43rd and Freeman of the 22nd moved to amend Article 2, Paragraph 1 of Section 5 by striking same in its entirety and inserting a new Section 5, Paragraph 1 and reading as follows: "The General Assembly shall by law forbid the sale or distribution of intoxicating drinks in this State on all days for holding general, special or other elections -State, County or Municipal, and prescribe punishment for any violation of the same." The amendment was adopted. Section V of Article II was adopted as amended. SECTION VI. Paragraph I. RETURNS MADE TO WHOM. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by laws. Section VI of Article II was adopted. ARTICLE III. LEGISLATIVE DEPARTMENT. SECTION I. Paragraph I. POWER VESTED IN GENERAL ASSEMBLY. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Section I of Article III was adopted. TUESDAY, FEBRUARY 13, 1945 405 SECTION II. Paragraph I. NUMBER OF SENATORS AND SENATORIAL DISTRICTS. The Senate shall consist of not more than fifty-four members and there shall be not more than fifty-four Senatorial Districts with one Senator from each District as now constituted, or as hereafter created. The various Senatorial Districts shall be comprised of the Counties as now provided, and the General Assembly shall have authority to create, rearrange and change these Districts within the limitations herein stated. Paragraph I, Section II of Article II was adopted. Senator McGinty of the 43rd asked unanimous consent that he be recorded as voting nay on the adoption of Paragraph I, Section II of Article III and the consent was granted. SECTION III. Paragraph I. NUMBER OF REPRESENTATIVES. The House of Representatives shall consist of representatives apportioned among the several counties of the State as follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remaining counties, one representative each. The paragraph was adopted. Paragraph II. APPORTIONMENT CHANGED, HOW. T~e above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section III of this article. The paragraph was adopted. Section III of Article III was adopted. SECTION IV. Paragraph I. TERM OF MEMBERS. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the next General Assembly. The paragraph was adopted. Paragraph II. ELECTION, WHEN. The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1946, and subsequent elections biennially, on that day, until the day of election is changed by law. The paragraph was adopted. 406 JOURNAL OF THE SENATE Paragraph III. MEETING OF THE GENERAL ASSEMBLY. The General Assembly shall meet in regular session on the second Monday in January 1947, and biennially thereafter on the same day until the date shall be changed by law. By concurrent resolution, adopted by a majority of members elected to both Houses, the General Assembly may adjourn any regular session to such later day as it may fix for reconvening in regular session, but shall remain in regular session no longer than seventy (70) 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 (70) 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 unless it shall have adjourned sine die. All business pending in the Senate or House 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 the House of Representatives, as provided in Article 5, Section 1, Paragraph 13 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. The provisions of Paragraph 3, Section 4 of Article 3 of the Constitution which this Constitution supersedes which apply to the meetings of the General Assembly shall continue in force until the second Monday m January 1947. The paragraph was adopted. Paragraph IV. QUORUM. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may provide. The paragraph was adopted. Paragraph V. OATH OF MEMBERS. Each Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State." The paragraph was adopted. Paragraph VI. ELIGIBILITY: APPOINTMENTS FORBIDDEN. No person holding a military commission, or other appointment, or office, having any 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 for 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 qualification as such, be elected by the General Assembly, or appointed by the Governor, either TUESDAY, FEBRUARY 13, 1945 407 with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term. Senator Millican of the 52nd moves to amend Article 3, Section 4, Paragraph 6 by striking same in its entirety and inserting in lieu thereof the following: Paragraph 6. No person holding a military commission or other appointment, or office, having any 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 for 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 qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice or consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected. The amendment was adopted. The paragraps was adopted as amended. Paragraph VII. REMOVAL FROM DISTRICT OR COUNTY, EFFECT OF. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected. The paragraph was adopted. Article III, Section IV was adopted as amended. SECTION V. Paragraph I. QUALIFICATIONS OF SENATORS. The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected. . The paragraph was adopted. Paragraph II. PRESIDENT. The presiding officer of the Senate shall be styled the President of the Senate, and shall be elected viva voce from the Senators. Senators Freeman, 22nd District; Edenfield, 2nd District; Minchew, 5th; and others move to amend P'aragraph II of Section V of Article III by striking said paragraph in its entirety and substituting in lieu thereof the following Paragraph II. "PARAGRAPH II. The presiding officer of the Senate shall be the Lieutenant 408 JOURNAL OF THE SENATE Governor, who shall be elected at the same time, in the same manner and for the same term as the Governor. In event of a vacancy in the Office of Governor, the Lieutenant Governor shall fill the unexpired term. The salary of the Lieutenant Governor shall be $4000.00 per annum. The Lieutenant Governor shall exercise the executive powers in the absence of the Governor from the State, when authorized by the Governor. The qualifications of the Lieutenant Governor shall be those provided for the Governor. The President of the Senate in office at the time of the adoption of this Constitution shall serve as Lieutenant Governor until his successor is elected and qualified." Senator Harrell of the 12th moved the ayes and nays and the call was sustained. The roll call was as follows: Those voting in the affirmative were Senators: Baggett Bennett Bentley Branch Caldwell Causey Chastain Cloud Cook Daves Deal Drake Drinkard Edenfield Edwards Freeman Gillis Gould Grayson Greene Harrell of 7th Hawes Hill Hodges Holsenbeck Mavity McGinty Millican Minchew Moate Moore Nix Rainey Riley Sabados Shedd Slaughter Stone Turner of 34th Turner of 35th Wall Welsch Voting in the negative was Senator: Harrell of 12th Not voting were Senators Battle of the 13th, Brown of the 6th, Norton of the 33rd, Peebles of the 18th, Smith of the 24th, Walker of the 45t~ Wellborn of the 40th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 42, nays 1, and the amendment was adopted. The paragraph was adopted as amended. TUESDAY, FEBRUARY 13, 1945 409 Paragraph III. IMPEACEMENTS. The Senate shall have the sole power to try impeacements. The paragraph was adopted. Paragraph IV. TRIAL OF IMPEACEMENTS. When sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the P'residing Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the members pre~>ent. The paragraph was adopted. Paragraph V. JUDGMENTS IN IMPEACEMENTS. Judgments, in cases of impeacement, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial judgment, and punishment, according to law. The paragraph was adopted. Section V of Article III was adopted as amended. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 410 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia. Wednesday, February 14, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by Mr. J. B. Cheatham, father of J. B. Cheatham, Jr., Senate reading clerk. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th, 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting upon third reading for final disposition general Senate and House bills. 7. Consideration of Senate Resolution No. 23. 8. Consideration of House Resolution No. 11. The consent was granted. The president presented to the Senate the family of the reading clerk, Mr. and Mrs. J. B. Cheatham, and their son, Mike. The following bills and/or resolutions were introduced, read the first time, and referred to Committees: SB 196. By Senator Gross of the 31st: A bill to be entitled an Act to establish a standard of efficiency for court WEDNESDAY, FEBRUARY 14, 1945 411 reporters; to establish a Board for the examination of shorthand reporters; and for other purposes. Referred to Committee on State of Republic. SB 197. By Senators Hill of the 36th and Gillis of the 16th: A bill to be entitled an Act to make it a misdemeanor to take any dog, cat or other pet animal in any hotel room or tourist court; and for other purposes. Referred to Committee on Hygiene and Sanitation. SB 198. By Senators Nix of the 32nd and Chastain of the 41st: A bill to be entitled an Act to provide granting of licenses by the Georgia State Board of Embalming to applicants who have had two or more years successful apprentic.eship in embalming; and for other purposes. Referred to Committee on State of Republic. SB 199. By Senator Caldwell of the 37th: A bill to be entitled an Act to provide that the Clerk of the City Court of LaGrange shall receive the same fees and costs as paid to the Clerk of Troup Superior Court; and for other purposes. Referred to Committee on Special Judiciary. SR 27. By Senators Gross of the 31st, Mavity of the 44th, Branch of the 47th, Wall of the 9th, Drake of the 8th, Stone of the 15th, Bennett of the 17th, Baggett of the 51st, Daves of the 14th, Chastain of the 41st, Shedd of the 3rd, Edwards of the 28th, Peebles of the 18th, Nix of the 32nd, Causey of the 46th, Minchew of the 5th, Edenfield of the 2nd, Brown of the 6th, Hodges of the 26th, Moore of the 28th, Greene of the 21st, Norton of the 33rd, Cook of the 42nd, Freeman of the 22nd, Walker of the 45th, Holsenbeck of the 27th, Slaughter of the 50th, Yawn of the 48th, McGinty of the 43rd, Cloud of the 19th, Riley of the 23rd, Deal of the 49th, Hawes of the 30th, Turner of the 34th, Gould of the 4th and Millican of the 52nd. A resolution proposing an amendment to the Constitution of 1877 and all amendments thereto, including the amendment submitted to the people by the 1945 General Assembly revising the Constitution to provide the right of the people to reelect or defeat any or all elective State officials shall not be abrogated, denied or abridged; and for other purposes. Referred to Committee on Amendments to Constitution. 412 JOURNAL OF THE SENATE SB 200. By Senators Daves of the 14th, Millican of the 52nd, Smith of the 24th and Freeman of the 22nd: A bill to be entitled an Act to amend Code Section 92-2907 to provide license tags from destroyed or retired motor vehicles may be transferred to another motor vehicle upon payment of 50 cents; and for other purposes. Referred to Committee on Finance. SB 201. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the Pension Act for the Atlanta Fire Department to increase the amounts of pensions to be paid pensioners after twenty-five years of service; and for other purposes. Referred to Committee on Municipal Government. SB 202. By Senator Millican of the 52nd: A bill to be entitled an Act to amend The Pension Act for the Police Department of the City of Atlanta to provide method of service and age to retire ; to provide amount of pensions to be paid on retirement; to provide for giving credit to members on military leave; and for other purposes. Referred to Committee on Municipal Government. Mr. Moate of the 20th 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: HB 265. Do Pass HB 335. Do Fass HB 448. Do Pass SB 190. Do Pass SB 189. Do Pass Respectfully submitted, Moate of 20th district, Chairman. WEDNESDAY, FEBRUARY 14, 1945 413 Dr. N. G. Slaughter of the 50th District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. President: Your Committee on University System of Georgia have had under consideration the following resolution of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SR 26. Do Pass Respectfully submitted, Slaughter of 50th district, Chairman. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the reqms1te constitutional majority the following bills and resolution of the House to wit: HB 22. By Mr. Harris of Richmond: A bill to be entitled an Act to amend Section 24-3501 of the Code of Georgia of 1933, by increasing the membership of the Court of Appeals to seven judges and to provide that they shall sit in a body; and for other purposes. HB 34. By Mr. Harris of Richmond: A bill to be entitled :m Act to provide that the tax on kerosene when used as a motor fuel shall not exceed six cents per gallon. HB 134. By Messrs. Key of Jasper, Harris, Holley and King of Richmond: A bill to be entitled an Act to authorize the State Board of Social Security to purchase lands either adjacent or near lands already under the control of said Board, provide the method of payment therefor; and for other purposes. HB 241. By Messrs. Hand of Mitchell and Durden of Dougherty: A bill to be entitled an Act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes. HR 79. By Mr. Harris of Richmond: 414 JOURNAL OF THE SENATE A resolution inviting Honorable Howard A. Dawson to address a joint session February 14, 1945, 4 P. M. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitt..ional majority the following resolution of the House to wit: HR 77. By Mr. Durden of Dougherty: A resolution resolving that the House, and the Senate meet in joint session in the Hall of the House of Representatives at 12:30 P.M. on Wednesday, February 14, 1945, for the purpose of hearing a message from his Excellency the Governor. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed hy the requisite constitutional majority the following bill of the Senate to wtt: SB 113. By Senator Edenfield of the 2nd: A bill to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Darien, etc." (Georgia Laws 1908, page 727)", by conferring upon the City of Darien the right to close certain streets; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the reqmstte constitutional majority the following bills and resolution of the House to wit: HB 223. By Mr. Ray of Warren: A bill to be entitled an Act to change the time for holding Warren Superior Court; and for other purposes. HB 244. By Mr. Hefner of Pickens: WEDNESDAY, FEBRUARY 14, 1945 415 A bill to be entitled an Act to authorize and direct proper officials in all counties in the State of Georgia having a population of not less than 9,130 nor more than 9,140, to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officer; and for other purposes. HB 246. By Mr. Seagraves of Madison: A bill to be entitled an Act to provide for the holding of four terms of the Superior Court of Madison county; and for other purposes. HB 273. By Messrs. Gowen and Gilbert of Glynn, Harrison of Wayne, Claxton of Camden, Williams of Appling and Hinson of Jeff Davis: A bill to be entitled an Act to pay an additional salary to the judge of the Brunswick Judicial Circuit; and for other purposes. HR 44. By Messrs. Bloodworth and Wilson of Bibb: A resolution nominating Sidney Lanier to the Hall of Fame of New York University. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 165 SB 184 Respectfully submitted, Nix of 32nd district, Chairman. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requ1s1te constitutional majority the following bills and resolution of the House to wit: 416 JOORNAL OF THE SENATE HB 5I. By Messrs. Connell of Lowndes and Gowen of Glynn: A bill to be entitled an Act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing a copy of charter with the Secretary of State; and for other purposes. HB 81. By Messrs. Hicks and Littlejohn of Floyd: A bill to be entitled an Act to amend Article 2, Section 1, of the Constitution by providing that the Commissioners of Roads and Revenues of Floyd county may establish Water and Sewerage Systems; and for other purposes. HB 88. By Messrs. Holleman, Shields and Young of"l\tluscogee: A bill to be entitled an Act to increase the salary of the Solicitor General of the Chattahoochee Circuit; and for other purposes. HB 89. By Mr. Holleman of Muscogee: A bill to be entitled an Act to provide that judges of Superior Courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes. HB 117. By Messrs. Harris of Richmond and Greer of Lanier: A bill to be entitled an Act to provide that county officers may be sued only in the county of their residence for the breach of any official duty; and for other purposes. HB 130. By Mr. Whaley of Telfair: A bill to be entitled an Act to provide a salary for the Sheriff of Telfair county in addition to fees; and for other purposes. HB 135. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an Act to require the Tax Receiver of Cobb county to list tax payers in alphabetical order regardless of Militia Districts; and for other purposes. HB 136. By Messrs. Hubert, Broome and McCurdy of DeKalb: A bill to be entitled an Act to provide for a salary for the Coroner of DeKalb county; and for other purposes. HB 165. By Mr. Oakley of Barrow: A bill to be entitled an Act to provide for the time of holding four terms of Barrow Superior Court; and for other purposes. WEDNESDAY, FEBRUARY 14, 1945 417 HB 167. By Messrs. Lane and Livingston of P'olk: A bill to be entitled an Act to provide that applicants for divorce in Polk Superior Court shall pay $10.00 cost upon filing the petition; and for other purposes. HB 194. By Mr. Oden of Pierce: A bill to be entitled an Act to pay the Sheriff of Pierce county a salary of $100.00 per month in additi~n to fees; and for other purposes. HB 195. By Messrs. Strickland and Freeman of Upson: A bill to be entitled an Act to fix the compensation of the Coroner and Jurors summoned by the Coroner in Upson county; and for other purposes. HB 202. By Mr. Ennis of Baldwin: A bill to be entitled an Act to provide for four terms each year of Baldwin Superior Court; and for other purposes. HB 205. By Mr. Greer of Lanier: A bill to be entitled an Act to provide for four terms each year of Lanier Superior Court; and for other purposes. HB 217. By Mr. Bloodworth of Houston: A bill to be entitled an Act to change the time for the holding of the Superior Court of Houston 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 189. By Senator Hawes of the 30th: A bill to be entitled an Act to fix the salary of the Commissioner of Roads and Revenues of Elbert county; and for other purposes. SB 190. By Senator Hawes of the 30th: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioner of Roads and Revenues of Elbert county; and for other purposes. SR 26. By Senators Shedd of the 3rd, Minchew of the 5th, Harrell of the 7th, Causey of the 46th, Gould of the 4th, Grayson of the 1st, Gillis of the 16th, Edenfield of the 2nd and Holsenbeck of the 27th: 418 JOURNAL OF THE SENATE A resolution requesting the Board of Regents of the Unive-rsity System of Georgia to provide the Tifton Experiment Station with funds to conduct pasture experiments; and for other purposes. HB 265. By Mr. Holley of Richmond and others: A bill to provide a pension fund for permanent employees of the County of Richmond; and for other purposes. HB 261. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta to provide for a pension fund for permanent employees of the city; and for other purposes. HB 263. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta to provide that the Mayor may be eligible to succeed himself one time: and for other purposes. HB 260. By Mr. Holley of Richmond and others: A .bill to fix minimum salaries and wages of members of the Police Department of the City of Augusta; and for other purposes. HB 259. By Mr. Holley of Richmond and others: A bill to strike from the charter of Augusta that portion which regulates the salary of the Mayor by striking the words "Nor exceed the sum of $5,000.00"; and for other purposes. HB 309. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta so as to increase the contribution of Firemen and Policemen to the pension fund; and for other purposes. HB 335. By Mr. Holley of Richmond and others: A bill to increase school taxes in Richmond county from 12 to 15 mills; and for other purposes. HB 349. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta, to provide that members of the Police and Fire Department may be granted leaves of absence to accept other positions; and for other purposes. WEDNESDAY, FEBRUARY 14, 1945 419 HB 448. By Mr. Holleman of Muscogee: A bill to amend the charter of the City of Columb11s to provide the city Fire Department may enter into agreements and receive compensation for fighting fires within the County of Muscogee outside the city limits of Columbus; and for other purposes. The following bills were read the third time and put upon their passage: SB 184. By Senator McGinty of the 43rd: A bill to be entitled an Act to amend the charter of the City of Calhoun to authorize the levy of a tax of 1.5 per cent on real and personal property for school 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 recl'ived the requisite constitutional majority, was passed. SB 173. By Senator Gould of the 19th: A bill to be entitled an Act to change the term of office of the Board of County Commissioners of Taliaferro county to four years and fix their 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 174. By Senator Causey of the 46th: A bill to be entitled an Act to amend the charter of the City of Alma to create a park and tree commission to have charge of parks, grass plats and cemeteries 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 bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 180. By Senator Millican of the 52nd: 420 JOURNAL OF THE SENATE A bill to be entitled an Act to create the office of Deputy Recorder to preside in Recorder's Court and 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. The following House bills were read the third time and put upon their passage: HB 296. By Mr. Bargeron of Burke: A bill to amend the charter of the City of Waynesboro to authorize Mayor and Council to sell property belonging to said municipality; and for other purposes. The report 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 358. By Mr. Connell of Lowndes and others: A bill to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 345. By Mr. Mathews of Peach: A bill to be entitled an Act to amend the charter of the City of Fort Valley, defining the duties of the water and light commission and how utilities owned by the city may be extended or enlarged; and for other purposes. The report 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, FEBRUARY 14, 1945 421 HB 317. By Mr. Willoughby of Clinch: A bill to amend the charter of the City of Homerville to provide for the term of the Mayor and Alderman and the method of electing them; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 415. By Mr. Burch of Dodge: A bill to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying same; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 411. By Mr. Livingston of Polk and others: A bill to provide for a clerk of the Board of Commissioners of Roads and Revenues of Polk county and to fix the 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 301. By Mr. Arnold of Spalding and others: A bill to authorize the Griffin-Spalding county hospital authority to spend or invest any monies received from any source; and for other purposes. The report 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. 422 JOURNAL OF THE SENATE HB 403. By Mr. Livingston of Polk and others: A bill to provide members of the Board of Commissioners of Polk county shall be elected from their respective road districts, and not from the county as a whole; and for other purposes. The report of 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 323. By Mr. Hand of Mitchell and others: A bill to extend the city limits of the City of Pelham; and for other purposes. The report 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 304. By Mr. Bloodworth of Houston: A bill to amend the charter of the City of Perry by extending the city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 414. By Mr. Burch of Dodge: A bill to increase the salary of the Judge of the city court of Eastman; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 302. By Mr. Campbell of Newton: WEDNESDAY, FEBRUARY 14, 1945 423 A bill to fix the salary of the Treasurer of Newton county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 291. By Mr. Dorsey of White: A bill to fix the salary of the Chairman and Clerk of the Board of Commissioners of Roads and Revenues of White county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 328. By Mr. Ray of Warren: A bill to fix the salary for the Commissioner of Roads and Revenues, and a clerk, for Warren county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. r On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 329. By Mr. Hefner of Pickens: A bill to amend the charter of the City of Jasper to give the authorities the right to open, close, increase or reduce widths of streets; and for other purposes. The report 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 326. By Mr. Hardy of Hall and others: A bill to amend the charter of the City of Gainesville so as to provide for 424 JOURNAL OF THE SENATE zoning and planning laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 332. By Mr. Gaskins of Berrien: A bill to provide that the Tax Commissioner of Berrien county shall retain fees for issuing fi fas in addition to his salary; 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 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 334. By Mr. Fowler of Douglas: A bill to abolish the office of Treasurer of Douglas county and provide for a disbursing clerk and a county depository; and for other purposes. The report 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 384. By Mr. Etheridge of Fulton and others: A bill to amend the charter of the City of Atlanta by adding a new paragraph dealing with revenues of the school department; and for other purposes. Senator Millican of the 52nd offered the following substitute: A BILL ENTITLED: An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the-several acts amendatory thereof and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY of the State of Georgia as follows: WEDNESDAY, FEBRUARY 14, 1945 425 SECTION 1. The Act approved February 28, 1874, establishing a new charter for the City of Atlanta and the several acts amendatory thereof are further amended as follows : The Charter of the City of Atlanta as set forth in the official code of the City of Atlanta of 1942 is amended by adding a new paragraph, whjch is to be known as Paragraph "a" of Section 14-108 of said Code, which shall read as follows: "14-108a. If by reason of the transfer of the public hospitals of the City of Atlanta to a Hospital Authority, there is a reduction in the amount of gross income to the City because of the lowering of the millage rate or for any other reason because of the transfer of said hospitals, the Mayor and General Council of Atlanta shall make up from other funds or tax sources and deliver to the Board of Education the amount said Board of Education would have received under the provisions of Section 14-108 of said Code, if there had not been a reduction in the millage rate or said gross income." SECTION 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. As a continuing order of business, the president called up HR 11 for further consideration. ' HR II. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette and others: A resolution providing a new constitution for the Stare of Georgia by amending the constitution of 1877 and all amendments thereto; and for other purposes. SECTION VI. Paragraph I. QUALIFICATIONS OF REPRESENTATIVES. The Representatives shall be citizens of the United States who have attained the age of twenty-one years, and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected. The paragraph was adopted. Paragraph II. SPEAKER. The presiding officer of the House of Representatives shall he styled the Speaker of the House of Representatives, and shall be 426 JOURNAL OF THE SENATE elected viva voce from the body. The paragraph was adopted. Paragraph III. POWER TO IMPEACH. The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office. The paragraph was adopted. Section VI of Article III was adopted. SECTION VII. Paragraph I. ELECTION, RETURNS, ETC.; DISORDERLY CONDUCT. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs. The paragraph was adopted. Paragraph II. CONTEMPTS, HOW PUNISHED. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House. The paragraph was adopted. Paragraph III. PRIVILEGE OF MEMBERS. The members of both Ho~ses shall bt! free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House. The paragraph was adopted. Paragraph IV. JOURNALS AND ACTS. Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session. The paragraph was adopted. Paragraph V. WHERE JOURNALS KEPT. The original journal shall be preserved after publication, in. the office of the Secretary of State, but there shall be no ~ther record thereof. The paragraph was adoDtel. WEDNESDAY, FEBRUARY 14. 1945 427 Paragraph VI. YEAS AND NAYS WHEN TAKEN. The yeas and nays on any question shall at the desire of one-fifth of the members present, be entered on the journal. The paragraph was adopted. Paragraph VII. BILLS TO BE READ. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. The paragraph was adopted. Paragraph VIII. ONE SUBJECT MATTER EXPRESSED. No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. The paragraph was adopted. Paragraph IX. GENERAL APPROPRIATION BILL. The General appropriation. bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. The paragraph was adopted. Paragraph X. BILLS FOR REVENUE. All bills for raiSing revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills. The paragraph was adopted. Paragraph XI. PUBLIC MONEY, HOW DRAWN. No money shall be drawn from the Treasury except by appropriation made by law. The paragraph was adopted. Paragraph XII. BILLS APPROPRIATING MONEY. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded. The paragraph was adopted. Paragraph XIII. ACTS SIGNED: REJECTED BILLS. All acts shall be signed by the President of the Senate and the Speaker of the House of Representa- 428 JOURNAL OF THE SENATE tives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected. Senator Harrell of the 7th moves to amend Paragraph XIII of Section VII of Article III by striking therefrom the words "President of the Senate" and substituting in lieu thereof the words "Presiding Officer of the Senate." The amendment was adopted. The paragraph was adopted as amended. Paragraph XIV. MAJORITY OF MEMBERS TO PASS BILL. No bill shall became a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal. The paragraph was adopted. Paragraph XV. NOTICE OF INTENTION TO ASK LOCAL LEGISLATION NECESSARY. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected, may be situated, which notice shall be given at least thirty (30) days prior to the introduction of such bill into the General Assembly, and in the manner to be prescribed by law. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Senator Causey of the 46th and Senator Edwards of the 28th move to amend Paragraph XV, Section VII, Article III by striking the first sentence of said paragraph and inserting in lieu thereof the following: "No local or special bill shall be passed, unless notice of the intention to apply therefore shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, for three successive weeks immediately preceding the introduction of said bill into the General Assembly." A call for the ayes and nays was sustained. On the adoption of the amendment the ayes were 16, nays 13, and the amendment was adopted. The paragraph was adopted as amended. WEDNESDAY, FEBRUARY 14, 1945 429 Paragraph XVI. STATUTES AND SECTIONS OF CODE, HOW AMENDED. No law, or section of the code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made. The paragraph was adopted. Paragraph XVII. CORPORATE POWERS, HOW GRANTED. The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqUidified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted. The paragraph was adopted. Paragraph XVIII. RECOGNIZANCES. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. The paragraph was adopted. Paragraph XIX. YEAS AND NAYS TO BE ENTERED, WHEN. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an Act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal. The paragraph was adopted. Paragraph XX. POWERS OF THE GENERAL ASSEMBLY. The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. The paragraph was adopted. Paragraph XXI. SIGNATURE OF GOVERNOR. No proVISIOn in this Constitution for a two-thirds vote of both houses of the General Assembly shall be 430 JOURNAL OF THE SENATE construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly. The paragraph was adopted. Paragraph XXII. ADJOURNMENTS. Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses, on a question of adjournment, the Governor may adjourn either, or both of them. The paragraph was adopted. Paragraph XXIII. ZONING AND PLANNING LAWS. The General Assembly of the State shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for whi<;h said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein. The paragraph was adopted. Paragraph XXIV. CIVIL SERVICE-EQUAL PREFERENCE TO VETERANS. 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 Federal Civil Service Laws. The paragraph was adopted. Paragraph XXV. STREET RAILWAYS. The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities. The paragraph was adopted. Section VII of Article III was adopted as amended. SECTION VIII Paragraph I. SECRETARY OF SENATE AND CLERK OF HOUSE OF REPRESENTATIVES. The officers of the two houses, other than the President and Speaker, shall be a Secretary of the Senate and Clerk of the House of Representatives, and such assistants as they may appoint. WEDNESDAY, FEBRUARY 14, 1945 431 Harrell, 7th District, moves to amend Paragraph 1 of Article III, Section VIII, by striking Paragraph 1 in its entirety and substituting in lieu thereof the following Paragraph 1: "Paragraph 1. The officers of the two Houses, other than the Lieutenant Governor and Speaker, shall be a President Pro Tern and Secretary of the Senate, and Speaker Pro Tern and Clerk of the House of Representatives, and such other assistants as may be provided for." The amendment was adopted. Section VIII of Article III was adopted as amended. SECTION IX. Paragraph I. COMPENSATION, EXPENSE AND MILEAGE. The per diem of members of the General Assembly shall be $10.00 per day plus the additional sum of $5.00 per day for maintenance expense; and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capitol; but the President of the Senate and the Speaker of the House of Representatives, shall each receive $15.00 per day as per diem plus the additional sum of $5.00 per day for maintenance expense. Senator Harrell, 7th District, moves to amend Paragraph I of Section IX of Article III by striking out the words "President of the Senate" and substituting in lieu thereof the words "The President Pro Tern of the Senate, when serving as presiding officer thereof." The amendment was adopted. Section IX of Article III was adopted as amended. SECTION X. Paragraph I. VIVA VOCE VOTE; PLACE OF MEETING. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the result. Senator Ha~rell, 7th District, moves to amend Paragraph I of Section X of Article III by striking the words "President of the Senate" and inserting in lieu thereof the words "The Lieutenant Governor." The amendment was adopted. Section X of Article III was adopted as amended. 432 JOURNAL OF THE SENATE SECTION XI. Paragraph I. SALARIES OF ELECTIVE OFFICIALS; HOW CHANGED. The General Assembly may, at any time by a majority vote of both branches prescribe other and different salaries for all of the elective officers provided for in this Constitution, but no such change shall affect the officers then in commission. Section XI of Article III was adopted. ARTICLE IV. PUBLIC UTILITIES, EMINENT DOMAIN, POLICE POWER, INSURANCE COMPANIES, CONTRACTS, ETC. SECTION I. Paragraph I. PUBLIC UTILITY TARIFFS AND CHARGES. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State. Senator Harrell, 7th District, moves to amend Paragraph I of Section I of Article IV by striking the period at the end thereof and substituting a semi-colon and by adding after the semi-colon the following language: "except as provided in this Constitution." Tlie amendment was adopted. The paragraph was adopted as amended. Paragraph II. REBATES. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight, or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties. The paragraph was adopted. Section I of Article IV was adopted as amended. WEDNESDAY, FEBRUARY 14, 1945 433 SECTION II. Paragraph I. RIGHT OF EMINENT DOMAIN. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. The paragraph was adopted. Paragraph II. POLICE POWER. The exercise of the police power of the State shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well being of the State. The paragraph was adopted. Section II of Article IV was adopted. SECTION III. Paragraph I. CHARTERS REVIVED OR AMENDED SUBJECT TO CONSTITUTION. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, ot any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution. Section III of Article IV was adopted. SECTION IV. Paragraph I. CONTRACTS TO DEFEAT COMPETITION. All contracts and agreements which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. The paragraph was adopted. Paragraph II. GENERAL ASSEMBLY TO ENFORCE ARTICLE. The General Assembly shall enforce the provisions of this Article by appropriate legislation. The paragraph was adopted. Paragraph III. PUBLIC SERVICE COMMISSION AS CONSTITUTIONAL OFFICERS. There shall be a Public Service Commission for the regula- 434 JOURNAL OF THE SENATE tion 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 selected by the members of the Commission from its membership. The first Commission under this amendment shall consist of the Commissioner in office at the time of the adoption of this Constitutional amendment and they shall serve until December 31st after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensation, filling of vacancies, manner and time of election, power 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. Harrell, 12th District, amends Article 4, Section 4, Paragraph 3, by striking from line 11 the figure 6 years and insert 4 years. The amendment was adopted. The paragraph was adopted as amended. Section IV of Article IV was adopted as amended. The following resolution of the House was read and adopted: HR 77. By Mr. Durden of Dougherty: A resolution providing that His Excellency, The Governor, address a joint session of the Senate and House at 12:30 o'clock today. Senator Gross of the 31st appointed on the part of the Senate to escort the Governor to the Hall of the House of Representatives the following senators: Senators Turner of the 34th, Edenfield of the 2nd and Minchew of the 5th. The president asked unanimous consent that when the joint session dissolves that it stay in recess until 2:00 P. M. and the motion prevailed. The time for convening the joint session of the Senate and House of Representatives having arrived, HR 11 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. 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 for the purpose of addressing the members. The Senate reconvened at 2:00 P. M. and as a continuing order of business HR 11 was taken up for further consideration. WEDNESDAY, FEBRUARY 14, 1945 435 SECTION V. Paragraph I. WIFE'S SEPARATE ESTATE. All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. Section V of Article IV was adopted. SECTION VI. Paragraph I. NONRESIDENT INSURANCE COMPANIES. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, charted by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders. The paragraph was adopted. Paragraph II. LICENSE BY COMPTROLLER GENERAL. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law. The paragraph was adopted. Paragraph III. RESIDENT INSURANCE COMPANIES; GUARANTEE FUND. All life insurance .companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company. The paragraph was adopted. Paragraph IV. GENERAL ASSEMBLY TO ENACT LAWS FOR PEOPLE'S PROTECTION, ETC. The General Assembly shall, from time to time, enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with 436 JOURNAL OF THE SENATE the Treasurer of this State, to secure the people against loss by the operations of said companies. The paragraph was adopted. Paragraph V. REPORTS BY INSURANCE COMPANIES. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people. Senator Norton, 33rd District, moves to amend HR 11 by striking Paragraph 5 of Section 6 of Article 4 (Revised Constitution page 25), and insert in lieu thereof a new paragraph to be known as Paragraph 5, Section 6, Article 4, which shall read as follows: "The General Assembly shall compel all insurance companies in this State or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and upon demand by the Comptroller General of the Governor to furnish an additional semi-annual report. Said reports to be printed at the expense of the insurance companies for the information and protection of the citizens of this State." The amendment was adopted. The paragraph was adopted as amended. Section VI of Article IV was adopted as amended. ARTICLE V. EXECUTIVE DEPARTMEN1 SECTION I Paragraph I. GOVERNOR: TERM OF OFFICE: SALARY, ETC. The executive power shall be vested in a Governor, who shall hold his office ~uring the term of four years, and until his successor shall be chosen and qualified. The Governor serving at the time of the adoption of this constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of his term of office. He shall have a salary of seven thousand five hundred dollars per annum until January 1, 1947. The salary of the Governor for each year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority votes of both branches of the General Assembly, which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers, required by this Constitution WEDNESDAY, FEBRUARY 14, 1945 437 to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years. The paragraph was adopted. Paragraph II. ELECTION FOR GOVERNOR. The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in N ovem_ber of 1946, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. The paragraph was adopted. Paragraph III. RETURNS OF ELECTIONS. 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 they shall be transmitted by the Senate to the House of Representatives.. Senator Harrell, 12th District, moves to amend Paragraph 3 of Section 1 of Article 5 by striking from lines three and four the words "the President of the Senate", and inserting in lieu thereof "the Presiding Officer of the Senate." The amendment was adopted. The paragraph was adopted as amended. Paragraph IV. HOW RETURNS PUBLISHED. The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice. Senator Harrell, 12th District, moves to amend Paragraph 4 of Section 1 of Article 5 by striking therefrom the words "the President of the Senate" and substi- 438 JOURNAL OF THE SENATE tuting in lieu thereof the words "the Presiding Officer of the Senate." The amendment was adopted. The paragraph was adopted as amended. Paragraph V. CONTESTED ELECTIONS. Contested elections shall be de- termined by both houses of the General Assembly in such manner as shall be pre- scribed by law. The paragraph was adopted. Paragraph VI. QUALIFICATIONS OF GOVERNOR. No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years. The paragraph was adopted. Paragraph VII. DEATH, RESIGNATION, OR DISABILITY OF GOVERNOR. In case of death, resignation, or disability of the Governor, the P'resident of the Senate shall exercise the executive powers of the government until such disability be removed, or a successor is elected and qualified. And in case of the death, resignation, or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise the executive powers of the government until the removal of the disability, or the election and qualification of a Governor. Senator Harrell of the 7th District, moves to strike Paragraph VII, of Section 1, of Article V, in its entirety and substitute in lieu thereof the following Paragraph VII to read as follows: "Paragraph VII. DEATH, RESIGNATION, OR DISABILITY OF GOVERNOR. In case of death, resignation, or disability of the Governor, the Lieutenant Governor shall exercise the executive powers of the Governor during the remainder of the Governor's term or until such disability be removed. And in case of the death, resignation, or disability of the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive powers of the Governor during the remainder of the Governor's term or until the removal of the disability." The amendment was adopted. The paragraph was adopted as amended. Paragraph VIII. UNEXPIRED TERMS, FILLING OF. The General Assembly shall have power to provide by law, for filling unexpired terms by special elections. Senator Harrell, of the 7th District, moves to amend Paragraph VIII, of Sec- WEDNESDAY, FEBRUARY 14, 1945 439 tion I, of Article V, by striking the period at the end of said Paragraph and inserting in lieu thereof a comma and adding the following to wit: "except as provided in this Constitution." The amendment was adopted. The paragraph was adopted as amended. Paragraph IX. OATH OF OFFICE. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America." The paragraph was adopted. Paragraph X. COMMANDER-IN-CHIEF. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. Harrell of the 12th moves to amend Article V, Section I, Paragraph X by adding the following at the end of Paragraph X: "Provided that the Governor shall not have the authority or power to call out or use the militia, or other military power whatever, or other force to remove from office, or obstruct by force the free exercise of the duties of any constitutional officer of this State and any Governor who shall violate the provisions as stated herein may be impeached in the manner provided by this Constitution." The amendment was adopted. The paragraph was adopted as amended. Paragraph XI. REPRIEVES AND PARDONS; STATE BOARD OF PARDONS AND PAROLES. The Governor shall have the 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 case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The 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 440 JOURNAL OF THE SENATE 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 P'aroles shall have power to grant reprieves, pardons and paroles, to commute penaties, remove disabilities imposed by law, and may remit any 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. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. Except 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 State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of 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. The paragraph was adopted. Paragraph XII. WRITS OF ELECTION; CALLED SESSIONS OF THE GENERAL ASSEMBLY. The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information of the State of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his procla mation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall WEDNESDAY, FEBRUARY 14, 1945 441 be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed. Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed. The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may be hereafter provided. The paragraph was adopted. Paragraph XIII, FILLING VACANCIES. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution or by law in pursuance thereof. The paragraph was adopted. Paragraph XIV. APPOINTMENTS REJECTED. A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter. The paragraph was adopted. Paragraph XV. GOVERNOR'S VETO. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each house may pass a law notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return. He may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House. Senator Sabados of the lOth moves to amend Paragraph XV, Section I, Article 442 JOURNAL OF THE SENATE V by adding a new sentence at the end of said P'aragraph to read as follows: "The Governor, however, shall not have authority to veto any local bill, without the consent of the members of the legislature introducing same." The amendment was adopted. The paragraph was adopted as amended. Paragraph XVI. GOVERNOR TO APPROVE RESOLUTIONS, ETC. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution. The paragraph was adopted. Paragraph XVII. INFORMATION FROM OFFICERS AND EMPLOYEES; SUSPENSION OF OFFICERS. The Governor may acquire information in writing from Constitutional officers, department heads, and all State Employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. The paragraph was adopted. Section I of Article V was adopted as amended. SECTION II. OTHER EXECUTIVE OFFICERS. Paragraph I. EXECUTIVE OFFICERS, HOW ELECTED. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission of the returns of the election, counting the votes, declaring the results, deciding when there is no election, and when there is a contested election, applicable to the election of Governor, shall apply to the election of the above named executive officers; they shall be commissioned by the Governor and hold their offices for the same time as the Governor. The paragraph was adopted. WEDNESDAY, FEBRUARY 14, 1945 443 Paragraph II. DUTIES, AUTHORITY, AND SALARIES OF OTHER EXECUTIVE OFFICERS. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and to provide help and expenses necessary for the operation of the department of each. The paragraph was adopted. Pragraph III. PROFIT FROM USE OF PUBLIC MONEY. No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties. The paragraph was adopted. Paragraph IV. QUALIFICATIONS. No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and a Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, for the faithful discharge of their duties. The paragraph was adopted. Paragraph V. FEES AND PERQUISITES DENIED. No State official shall be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the State. Senator Caldwell of the 37th moves to amend Paragraph V, Section 2, Article V by striking said paragraph in its entirety and substituting in lieu thereof the following: "Paragraph V. FEES AND PERQUISITES DENIED. No State official named in Paragraph I of this Section sha11 be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the State." The amendment was adopted. The paragraph was adopted as amended. Section II of Article V was adopted as amended. 444 JOURNAL OF THE SENATE SECTION III. Paragraph I. GREAT SEAL; WHAT CONSTITUTES; CUSTODY; WHEN AFFIXED TO INSTRUMENTS. The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law. The paragraph was adopted. Section III of Article V was adopted. SECTION IV. Paragraph I. GAME AND FISH COMMISSION. There is hereby created a 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 first members of the Commission shall consist of those in office at the time this Constitution 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 or qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly. Senator Harrell of the 12th moves to amend Article V, Section IV by striking the entire of Section IV of said Article and renumbering the resolution accordingly. Senator Harrell of the 12th moved the ayes and nays and the call was sustained. The roll call was as follows: Those voting in the affirmative were Senators: Caldwell Chastain Cook Deal Drinkard Edwards Grayson Greene Harrell of 12th Hawes Hill Holsenbeck Millican Minchew Moate Rainey Riley Sabados Slaughter Smith Turner 0~ 34th Walker Welsch Yawn WEDNESDAY, FEBRUARY 14, 1945 445 Those voting in the negative were Senators: Baggett Branch Causey Cloud Daves Drake Freeman Harrell of 7th Hodges Mavity McGinty Moore Peebles Shedd Stone Not voting were Senators Battle of the 13th, Bennett of the 17th, Brown of the 6th, Edenfield of the 2nd, Gillis of the 16th, Gould of the 4th, Nix of the 32nd, Norton of the 33rd, Turner of the 35th, Wall of the 9th and Wellborn of the 40th. By. unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 24, nays 15, and the amendment was adopted. Section IV, Paragraph I of Article V was adopted as amended. The president asked unanimous consent that consideration of SR 23 be postponed until tomorrow so that copies might be printed. The consent was granted. The following resolution was read and adopted: HR 79. By Mr. Harris of Richmond: A resolution that the House, the Senate concurring, invite the Honorable Howard A. Dawson to address the General Assembly on Federal Education at 4:00 P. M. this afternoon in joint session. The president recognized in the gallery 25 boys and girls of Bass Jr. High School and the Boy Scout Troup No. 59 from Peachtree Road Methodist Church with Mr. J. 0. Hightower and Dr. Frank McCormack in charge. The president asked unanimous consent that when the joint session dissolve it remain adjourned until 10:00 o'clock tomorrow morning and the consent was granted. The time for convening the joint session of the Senate and House of Representatives having arrived, HR 11 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 the Hon. Howard A. Dawson. 446 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia. Thursday, February 15, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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 journalwas confirmed. Senator Millican of the 52nd asked unanimous consent that the following be es- tablished as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Further consideration of the Constitution. The consent was granted. The following bills and/or resolutions were introduced, read the first time, and referred to Committees: SB 203. By Senators Gross of the 31st and Gillis of the 16th: A bill to be entitled an Act to provide the Director of Entomology shall make rules and regulations prescribing qualifications of persons engaging in Entomological and Plant Pathological work; and for other purposes. Referred to Committee on Agriculture. SB 204. By Senator Yawn of the 48th: A bill to be entitled an Act to require the Commissioner of Roads and Revenues to publish a list of qualified registered voters before and after each election in Dodge county; and for other purposes. THURSDAY, FEBRUARY 15, 1945 447 Referred to Committee on Counties and County Matters. SB 205. By Senator Drinkard of the 29th: A bill to be entitled an Act to fix the salary for the sheriff of Lincoln county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. SB 206. By Senator Branch of the 47th: A bill to be entitled an Act to provide in all divorce petitions filed in Colquit county a deposit of $12.00 shall be made as cost; and for other purposes. Referred to Committee on Special Judiciary. SB 207. By Senator Causey of the 46th: A bill to be entitled an Act to amend chapter 84 of the Code to provide for nine members of The State Board of Accountants; to provide for publishing a list of all Certified Public Accountants; and for other purposes. Referred to Committee on Special Judiciary. SB 208. By Senators Gross of the 31st and Minchew of the 5th: A bill to be entitled an Act to fix a new schedule of fees for Justices of the peace; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 209. By Senator Walker of the 45th: A bill to be entitled an Act to provide the Senatorial Executive Committee of the 45th Senatorial District shall make rules and regulations to govern the nomination of candidates for State Senator of said District; and for other purposes. Referred to Committee on Privileges and Elections. The following bills and resolutions of the House were read the first time and referred to committees: HB 241. By Mr. Hand of Mitchell: A bill for the abatement of all income taxes for members of the Armed Forces upon death; :;.nd for other purposes. Referred to Committee on Finance. 448 JOURNAL OF THE SENATE HB 117. By Mr. Harris of Richmond and others: A bill to provide that County Officers may be sued only in the county of their residence for the breach of any official duty, and for other purposes. Referred to Committee on General Judiciary No. 1. HB 89. By Mr. Holleman of Muscogee: A bill to provide that judges of Superior Courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes. Referred to Committee on Special Judiciary. HB 88. By Mr. Holleman of Muscogee and others: A bill to increase the salary of the Solicitor General of the Chattahoochee Circuit; and for other purposes. Referred to Committee on Special Judiciary. HB 81. By Mr. Hicks of Floyd and others: A bill to amend Article 2, Section 1, of the Constitution by providing that the Commissioners of Roads and Revenues of Floyd county may establish Water and Sewerage Systems; and for other purposes. Referred to Committee on Counties and County Matters. HB 34. By Mr. Harris of Richmond: A bill to provide a tax of 6c per gallon on kerosene when used as motor fuel; and for other purposes. Referred to Committee on Finance. HB 165. By Mr. Oakley of Barrow: A bill to provide for the time of holding four terms of Barrow Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 167. By Mr. Lane of Polk and others: A bill to provide that applicants for divorce in Polk Superior court shall pay $10.00 cost upon filing the petition; and for other purposes. Referred to Committee on Special Judiciary. THURSDAY, FEBRUARY 15, 1945 449 HB 194. By Mr. Oden of Pierce: A bill to pay the sheriff of Pierce county a salary of $100.00 per month in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 195. By Messrs. Strickland and Freeman of Upson: A bill to fix the compensation of the Coroner and Jurors summoned by the Coroner in Upson county; and for other purposes. Referred to Committee on Counties and County Matters. HB 223. By Mr. Ray of Warren: A bill to change the time for holding Warren Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 217. By Mr. Bloodworth of Houston: A bill to change the time for the holding of the Superior Court of Houston county; and for other purposes. Referred to Committee on Counties and County Matters. HB 244. By Mr. Hefner of Pickens: A bill to authorize and direct proper officials in all counties in the State of Georgia, having a population of not less than 9,130 nor more than 9,140 to pay to the Clerk of the Superior Court~ Ordinary and Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; and for other purposes. Referred to Committee on Counties and County Matters. HB 246. By Mr. Seagraves of Madison: A bill to provide for the holding of four terms of the Superior Court of Madison county; and for other purposes. Referred to Committee on Special Judiciary. HB 273. By Mr. Gowen of Glynn: A bill to pay an additional salary to the Judge of the Brunswick Judicial Circuit; and for other purposes. ' 450 JOURNAL OF THE SENATE Referred to Committee on Special Judiciary. HB 205. By Mr. Greer of Lanier: A bill to provide for four terms each year of the Lanier Superior court; and for other purposes. Referred to Committee on Special Judiciary. HB 202. By Mr. Ennis of Baldwin: A bill to provide for four terms each year of Baldwin Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 136. By Mr. Hubert of DeKalb and others: A bill to provide for a salary for the Coroner of DeKalb county; and for other purposes. Referred to Committee on Special Judiciary. HB 135. By Mr. Dorsey of Cobb: A bill to require the Tax Receiver of Cobb County to list tax payers in alphabetical order regardless of militia districts; and for other purposes. HB 134. By Mr. Key of Jasper and others: A bill to authorize the State Board of Social Security to purchase land adjacent to or near lands already under the control of said Board; and for other purposes. Referred to Committee on Public Welfare. HB 130. By Mr. Whaley of Telfair: A bill to provide a salary for the Sheriff of Telfair county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 22. By Mr. Harris of Richmond: A bill to amend Section 24-3501 of the Code of Georgia of 1933, by increasing the membership of the Court of Appeals to seven judges and to provide that they shall sit in a body; and for other purposes. Referred to Committee on Special Judiciary. THURSDAY, FEBRUARY 15, 1945 451 HR 44. By Mr. Weaver of Bibb: A resolution nominating Sidney Lanier to the Hall of Fame of New York University; and for other purposes. Referred to Committee on Historical Research. HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn: A bill to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the Secretary of State; and for other purposes. Referred to Committee on General Judiciary No. 2. Mr. Drake of the 8th District, Chairman of the Committee on Highways and Public Roads, submitted the following report: Mr. President: Your Committee on Highways and Public Roads have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 185. Do Pass Respectfully submitted, Drake of 8th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 400. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Gould of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report: 452 JOURNAL OF THE SENATE Mr. President: Your Committee on Military Affairs have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 18. Do Not Pass Respectfully submitted, Gould of 4th district, Chairman. Mr. Freeman, of the 22nd District, Chairman of the Committee on State of Republic, submitted the following report: Mr. President: Your Committee on State of Republic have had under consideration the following bill and resolution of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 177. Do Pass HR 24. Do Pass Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Turner of the 34th 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 447. Do Pass HB 421. Do Pass HB 287. Do Pass as amended HB 399. Do P'ass Respectfully submitted, Turner of 34th district, Chairman. THURSDAY, FEBRUARY 15, 1945 453 Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 193. 'Do Pass SB 194. Do Pass SB 186. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Moate of the 20th 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 168. Do Pass SB 195. Do Pass SB 183. Do Pass HB 423. Do Pass HB 295. -Do Not Pass Respectfully submitted, Moate of 20th 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 Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of Atlanta to provide how employees and officers of the police, fire, and education department, Carnegie Library and its branches may come under the civil service 454 JOURNAL OF THE SENATE system, and to provide for classification of employees; and for other purposes. SB 194. By Senator Minchew of the 5th: A bill to be entitled an Act to amend the charter of the Town of Willacoochee to change the time of electing the Mayor and Councilmen; and for other purposes. SB 177. By Senators Deal of the 49th and Branch of the 47th: A bill to be entitled an Act to authorize patrolmen or other employees of the Department of Public Safety, and employees authorized by the Commissioner of Revenue to seize, confiscate and destroy slot machines; and for other purposes. SB 183. By Senator Mavity of the 44th: A bill to be entitled an act to abolish the city court of Walker county; and for other purposes. SB 195. By Senator Bentley of the 25th: A bill to be entitled an Act to provide that no member of the Board of Commissioners of Roads and Revenues of Upson county shall be Mayor of the City of Thomaston while serving as a member of said Board; and for other purposes. SB 185. By Senators Hawes of the 30th and Hill of the 36th: A bill to be entitled an Act to repeal an Act approved March 17, 1943, (Georgia Laws, 1933, pp. 216-22) creating the offices of State Highway Director, Treasurer of the State Highway Department, and a State Highway Commission; to create a State Highway Board of ten members to be elected by the General Assembly, with a chairman, treasurer, and State Highway Engineer; and for other purposes. SB 193. By Senator Cook of the 42nd: A bill to be entitled an Act to amend the charter of the City of Summerville by extending the city limits; and for other purposes. SB 168. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act creating a civil service board for Fulton county by fixing the salary of the Secretary of the Board; to provide all officers and employees of the P'olice and Fire Department shall be under civil service; and for other purposes. THURSDAY, FEBRUARY 15, 1945 455 HB 400. By Mr. Ansley of Lee: A bill to provide for five members of the Board of Commissioners of Roads and Revenues for Lee county; and for other purposes. HB 423. By Mr. Weaver of Bibb and others: A bill to authorize Bibb county authorities to levy a license or occupation taxes on all businesses outside of incorporated towns in Bibb county; and for other purposes. HB 447. By Mr. Weaver of Bibb and others: A bill to amend an act creating a board of tax assessors for the City of Macon to provide for the assessment or re-assessment of property for taxation; and for other purposes. HB 421. By Mr. Weaver of Bibb and others: A bill to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities, to fix the salary for . the Board of Tax Appeals; and for other purposes. HB 399. By Mr. Lam of Troup and others: A bill to amend the charter of the City of Hogansville to provide a commission form of government with a city manager; and for other purposes. HB 287. By Mr. Hardy of Hall: A bill to amend the charter of the City of Gainesville so as to fix the compensation for members of the city commission; and for other purposes. HR 24. By Mr. Gilbert of Glynn and others: A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn county; and for other purposes. The following local uncontested bills we1e read the third time and put upon their passage: SB 189. By Senator Hawes of the 30th: A bill to be entitled an Act to fix the salary of the Commissioner of Roads and Revenues of Elbert county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 456 JOURNAL OF THE SENATE On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 190. By Senator Hawes of the 30th: A bill to be entitled an Act to fix the salary of the Clerk of the Commismissioner of Roads and Revenues of Elbert county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bills of the House were read the third time and put upon their passage: HB 265. By Mr. Holley of Richmond and others: A bill to provide a pension fund for permanent employees of the Gounty 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 335. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to increase school taxes m Richmond county from 12 to 15 mills; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 448. By Mr. Holleman of Muscogee: A bill to amend the charter of the City of Columbus to provide the City Fire Department may enter into agreements and receive compensation for fighting fires within the County of Muscogee outside the city limits of Columbus ; and for other purposes. THURSDAY, FEBRUARY 15, 1945 457 The report 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. H B 396. By Mr. Sparks of T~wns: A bill to repeal an Act approved March 2, 1933 (Acts 1933, page 236) which authorize County Board of Registrars and the Ordinary to assist the Tax Collector in registering 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 259. By Mr. Holley of Richmond and others: A bill to strike from the charter of Augusta that portion which regulates the salary of the Mayor by striking the words "Nor exceed the sum of $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 34, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 309. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta so as to increase the contribution of the Firemen and Policemen to the pension fund; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 263. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta to provide that the 458 JOURNAL OF THE SENATE Mayor may be eligible to succeed himself one time; and for other purposes. The report 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 349. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta, to provide that members of the Police and Fire Department may be granted leaves of absence to accept other positions; and for other purposes. The report 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 260. By Mr. Holley of Richmond and others: A bill to fix the minimum salaries and wages of members of the Police Department 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 261. By Mr. Holley of Richmond and others: A bill to amend the charter of the City of Augusta to provide for a pension plan for permanent employees of the city; and for other purposes. Senator Peebles of the 18th offered the following substitute: A BILL To be entitled an Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta, by an Act approved January 31, 1798 (Georgia Laws, 1798) and the several amendatory acts thereof, as amended by an act as appears in Georgia Laws 1943, pages 1256 to 1258, inclusive, designated "Augusta Charter Amendments", and as amended by an act appearing in Georgia Laws 1943, pages 1259 to 1263, inclusive, THURSDAY, FEBRUARY 15, 1945 459 designated "Augusta Officers and Employees-Furloughs"; to amend, ratify and confirm said charter and the amendments thereto approved December 31, 1937, designated as "Augusta Officers and Employees Tenure", appearing in Georgia Laws Extra-Session 1937-38, pages 938 to 943, inclusive, as amended by an Act approved February 19, 1941, appearing in Acts of General Assembly of Georgia, 1941 (Georgia Laws, 1941, pages 1071-1072), and designated "Augusta City Attorney"; so as to: provide a permanent city employee pension fund for permanent employees of the City of Augusta; define permanent employees, totally <1nd permanently disabled and other terms; require that three (3%) per cent of the salary, wage or remuneration of each employee of said City be deducted from his pay check and paid to said fund as part thereof; require said City, each three months, to pay into said fund as part thereof, a sum equal to the amount deducted from its employees salaries, wages or remuneration; to provide authority to The City Council of Augusta to increase or reduce from time to time such withholdings from such employees salary, wage or remuneration and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such employees salary, wage or remuneration; exclude from provisions of this act certain officers and employees of said City; require said City and certain employees and officials thereof to perform duties and obligations in connection with said fund; provide for payments to a permanent employee from said fund; a retirement pension when his total service amounts to twenty-five (25) years; a retirement pension upon his reaching 65; a retirement pension when after twenty years service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in discharge of his duties; a temporary disability pension; to provide for a refund of 50% of deductions from said salary, wage or remuneration in event of voluntary separation from service or separation from service by discharge, less deductions provided; to provide a refund upon separation from service by death of 100% of deductions from said salary, wage or remuneration, less deductions; to further provide all retirement pensions and total disability pensions shall increase in proportion to salary, wages or remunerations held; to declare the City Attorney a permanent employee of The City Council of Augusta ;to further provide punishment under the Criminal Law for persons who violate the terms of this Act; ~d for other purposes ; and to repeal the following acts amending the charter of the City of Augusta, to wit: An Act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated "Augusta City of; payment of retired employees"; and an act appearing in Georgia Laws of 1924, pages 450 and 451 amending said act of 1923, designated "Augusta, Pension of Retired Employees, additional increase of"; and an act appearing in Georgia Laws of 1933, pages 868 and 869, designated "Augusta; Retirement of Employees"; provided specifically, however, that the repeal of the above designated acts shall in no way affect the Augusta Firemen's pension fund or the Augusta Policemen's pension fund and the several laws and amendments relating to said funds or either 460 JOURNAL OF THE SENATE of them; nor any way affect any pension from The City Council of Augusta now being paid or due or that becomes due before the effective date of this Act by reason of any existing ordinances or act; and to repeal all laws and parts of laws in conflict with this Act; and for other purpoces. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Charter of The City Council of Augusta as amended by an Act of the extra session of the General Assembly of Georgia. Extra Session, Georgia L11ws 1937-38, pages 938-43, designated as "Augusta Officers and Employees Tenure Act", as amended by the Act approved February 19, 1941, Georgia Laws 1941, pages 1071-1072, designated as "Augusta City Attorney", and as amended by an Act as appears in Georgia Laws of 1943, pages 1256 to 1258, inclusive, providing for recall to duty of any officer or employee who may have retired from service under the various pension acts applying to The City Council of Augusta, and for other purposes, and as amended by an Act appearing in Georgia Laws of 1943, pages 1259 to 1263, inclusive, providing for furloughs for all officers and employees of The City Council of Augusta, including all regular firemen and policemen while in the armed forces of the United States during the present war, and providing for their tenure of office during their absence, and providing that the time they are in the armed forces be included as time served with said City of Augusta in computing the time of employment for retirement purposes, and for other purposes, is hereby amended by providing as hereinafter set forth, a "City Employees' Pension Fund" for the permanent employees of the City of Augusta, from which fund shall be paid retirement pension, total permanent disability, temporary disability pension; a refund upon death before retirement, a refund upon separation from the services as hereinafter provided, and there is hereby repealed the following Acts, to wit: An Act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated "Augusta City of; payment of retired Employees"; and an Act appearing in Georgia Laws of 1924, pages 450 and 451, amending said Act of 1923, designated, "Augusta; Pension of Retired Employees, Additional Increase of"; and an Act appearing in Georgia Laws of 1933, pages 868 and 869, designated "Augusta; Retirement of Employees"; providing specificially, however, that the repeal of the above designated acts shall in no way affect the Augusta Firemen's P'ension Fund or the Augusta Policemen's Pension Fund and the several laws and amendments relating to said funds or either of them, nor any way affect any pension from The City Council of Augusta now being paid or due or that becomes due before ftte effective date of this Act by reason of any existing Ordinances or Act. Section II. Definitions. As used in this Act, the following terms and phrases shall have the following meaning, to wit: (a) "Employee" shall include all employees; casual employees, temporary employees, permanent employees, and officers of the City of Augusta elected by City Council, appointed by the Mayor, a Council Committee or Committee Chairman, or Commission, upon the authority of The City Council, not excluded in Section III of this Act. THURSDAY, FEBRUARY 15, 1945 461 (b) ''City" and "City Council" shall mean The City Council of Augusta. (c) The masculine shall include the feminine, and the singular shall include the plural, wherever the context requires it. (d) "Effective date" shall mean the first day of the first month following the approval of this Act by the Governor. (e) The term "year" as used herein, defining the probationary period of any employee, shall mean Two Hundred and Seventy-five (275) working days of twelve ( 12) consecutive months period of continuous employment, including such period as may have been or may be allowed for annual vacation. (f) "Continuous Employment" shall mean employment unbroken by discharge or resignation. Re-election or re-appointment at the end of a term shall be regarded as continuous employment. (g) "A permanent employee" is an employee as above defined who has continuous employment for the requisite probationary period, as provided by the terms of this Act. (h) "Temporary Employee" is defined as one who has not been employed for the requisite probationary period provided by this Act so as to become a permanent employee, or employees who now are, or who hereafter substitute for a permanent employee in the armed forces under the terms of the Act of the General Assembly, 1943, pages 1259-63, inclusive, designated "Augusta Officers and Employees-Furloughs". (i) "Casual employee" shall mean an employee who is employed at definite times and periods for special or temporary work and whose employment is not under the terms of this Act, continuous for the probationary period herein provided for. S~ction III. There is excluded from the provisions of this Act the employees of the University Hospital, employees of the Auditorium Commission and the Sinking Fund Commission, except that they be now permanent employees, or hereafter permanent employees of the City of Augusta, by virtue of Georgia Laws, 1943, pages 1256 to 1258, inclusive, designated "Augusta Charter Amendments", in which Act "University Hospital Employees" (Section Three) is referred to; officers elected by vote of the electorate; members of the City Fire Department and members of the City Police Department; provided, however, any person who has served, or who may hereafter serve, as a member of The City Council of Augusta, and is now, or may hereafter become, a permanent employee under the terms of this Act, or the Officers and Employees Tenure Act as amended, shall have the time that said person was a member of Council computed and made a part of the time of employment with The City Council of Augusta in determining the time said employee has been so employed. Section IV. The probationary period is hereby fixed at one ( 1) year of continuous employment before the effective date of this Act or after the effective date of this Act, or total continuous employment for one year, part of which is prior to 462 JOURNAL OF THE SENATE the effective date of this Act and part of which is after the effective date of this Act. Section V. There is created a permanent pension fund for the benefit of every permanent employee covered by this Act, and said fund shall be known as the "City Employees' Pension Fund", and shall be kept in a separate account earmarked "City Employees' Pension Fund" with a separate permanent record thereof, which record shall be kept by the Comptroller of said City, and no warrant shall be drawn on said Fund except as provided in this Act, except that at any time said Fund exceeds the sum of Five Thousand Dollars ($5,000.00) on deposit in any one bank, said Comptroller shall purchase bonds for the benefit of the said Pension Fund with all excess above Five Thousand Dollars ($5,000.00), provided said bonds are approved by the Georgia Laws for purchase by Trustees of Trust Estates in Georgia. The Comptroller shall at no time have in any one bank more than Five Thousand Dollars ($5,000.00) of said pension funds, and all such depositories shall be in Richmond County, Georgia. The said Comptroller's voucher, when countersigned by the Mayor of the City, shall be the method of withdrawal from said pension fund; acting Comptroller, or acting Mayor, when properly designated as such in accordance with the Ordinances of The City Council of Augusta, shall have authority to perform all acts and duties, and shall perform all acts and duties conferred by this Act on said Comptroller or Mayor, hereinafter provided for, shall likewise include and cover anyone acting in his stead as acting Comptroller or Mayor. Section VI. It shall be the duty of the City to see that the provisions of this Act are carried out strictly in conformity with this Act. Section VII. Said City Employees' Fund shall be kept separate from all Municipal monies. Section VIII. All decisions of Council in regard to said Pension Fund, or any withdrawal therefrom, shall be entered on a separate pension record kept by the Comptroller, and shall also be kept on the minutes of said Council and all entries appearing on the minutes of Council shall be transcribed by said Comptroller upon his permanent record book as to said Pension Fund, in order to readily determine the status of said Fund, and each of the said records shall be a legal record thereof, and it shali be the duty of said Council to see that said records conform one to the other at all times. Section IX. The sum of three (3) per centum shall be deducted by the said Comptroller from the salary, wages or remuneration of each employee of the City, whether temporary, casual, or permanent, not specifically excluded by this Act, as and when paid, by pay vouchers, or other forms of payment, for services rendered. This deduction shall be deposited by said Comptroller in the "City Employees' Pension Fund" in conformity with this Act, and he, the said Comptroller, is designated as custodian of such fund. Each three (3) months after the effective date of this Act, the city shall pay over to said Comptroller for said City Employees' Pension Fund, and which shall become a part thereof and be the property of such Fund, a sum equal THURSDAY, FEBRUARY 15, 1945 463 to the amount deducted by the Comptroller from the salaries, wages or remuneration, and it is hereby made the duty of said Comptroller to collect and receive said equal sum from the City and the City shall pay it over to him as herein directed, and he shall collect the same promptly and deposit it in said City Employees' Pension Fund; provided, however, the City shall have authority from time to time to increase the contributions by said employees up to five ( 5% ) per centum of such salary, wage or remuneration, but upon each such increase on the part of such employees, then and in that event the City shall make its contributions correspond to the percentage deduction from such employee's salary, wage or remuneration, provided, however, that before said City shall be authorized to increase said contributions by itself and said employees, said Pension Fund shall have been depleted so that there shall not be in the fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve months; provided, however, should in the judgment of said City, said pension fund shall have grown to such an extent as to reduce the contributions to this fund down to as low as three per centum, then and in that event, said City shall have authority so to do. Section X. The Comptroller shall keep a full and complete record of receipts for and deductions from said Fund, and of deductions from the salaries, wages and compensation of employees; and of the payments made into said Fund. Such records of the Comptroller, together with any records furnished him by the City, shall be open to inspection at all regular business hours. Section XI. The said "Fund" is hereby declared not to be the property of said City, and this includes any sum paid in or directed to be paid in by said City, and it sha_ll reserve no property in any sum raised or due by virtue of this Act. Section XII. That when a pension is properly allowed as herein provided, and becomes a charge on said Pension Fund, if there is not sufficient money in said Pension Fund to pay said pension promptly at the time it falls due, and from time to time, then the City shall provide by appropriation a sufficient sum to meet any such deficiency in payment of such pension or pensions, so that any and all pensions shall be paid when due. Section XIII. Any person who becomes an employee after the effective date of this Act, in order to come under any of the benefits of this Act, or be entitled to any of the benefits of this Act as a permanent employee, shall not be over thirty-five years of age when employed, and shall furnish to said City proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the Clerk of Council of said City and said certificate shall be from a reputable practicing physician in the City of A\1g~1sta, designated for that purpose by said City; provided that the age limitation of thirtyfive years shall not apply to any employee holding now or hereafter an office or position with said City, which po~itions are namPd as official positions by Ordinances of Council, within thirty days from the effective date of ths Act. 464 JOURNAL OF THE SENATE Section XIV. That every permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as a permanent employee shall at any time amount to twenty-five (25) years, may retire on his own motion, and this shall include any permanent employee who shall have served twenty-five (25) years prior to the effective date of this Act, and any permanent employee who shall serve his twenty-five (25) years after the effective date of this Act, and also include any permanent employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this Act and part of the service is after the effective date of this Act, such permanent employee shall be retired at one-half of the highest salary or wage or remuneration he has received as a permanent employee within the period of seventy-two months immediately preceding his retirement, plus two (2) per centum for each year's service beyond said twenty-five years, however, at no time shall any pension exceed sixty (60) per centum of the highest salary, or wage or remuneration paid to said permanent employee within the period of seventy-two months immediately preceding his retirement. Section XV. That each permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total services as a permanent employee which amounts to at least twenty years, that is permanently separated from the service involuntarily by action of said City will constitute a retirement of such employee if he so elects. Such permanent employee so retired shall be retired at two (2) per centum of his salary times the number of years he has served as a permanent employee, at the highest salary, wage or remuneration he has received as a permanent employee within the period of seventy-two months immediately preceding his retirement; the years of service shall be twenty or more years before the effective date of this Act, or twenty or more years after the effective date, or twentY or more, part of which was served prior to the effective date of this Act and part of which was served after the effective date of this Act, provided, however, no permanent employee shall draw any benefits under this section if his involuntary separation from the services of the City is found by the City to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or wilful misconduct, or due to the commission or crime under the laws of this State, or any other State or the United States. Section XVI. Any permanent employee when he is sixty-five years of age, whether he became sixty-five years of age prior to the effective date of this Act, or becomes sixty-five on or after the effective date of this Act, may retire at will at two per centum of the highest salary, or wage or remuneration he has received as a permanent employee within seventy-two months immediately preceding his retirement, times the number of years served, not to exceed sixty per centum of the highest of such salary, or wage or remuneration received, provided that said permanent employee has at least ten or more years of service as a permanent employee; and, provided further that during the first five years from the effective date of this Act, the foregoing provisions shall not apply unless such voluntary retirement is approved by a majority of said City Council, anything in this Act to the contrary notwithstanding. THURSDAY, FEBRUARY 15, 1945 465 Section XVII. Any permanent employee who is permanently and totally disabled while in the discharge of his duties, and arising out of and in the course of his employment for said City, whether said disability is caused by injury or disease, shall be placed on the pension list, provided he has, prior to said permanent and total disability, continuously, actively performed the duties of his employment for one year after the effective date of this Act, and shall be paid while so permanently and totally disabled one-half of the highest salary or wage or remuneration that he has received as a permanent employee within the period of seventy-two months immediately preceding his said permanent and total disability. Provided, however, that should such employee receive any Workmen's Compensation while so disabled, such Workmen's Compensation so received, excluding medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee, and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation received by him, less any other indebtedness due the City by said employee, and it shall be the duty of said City to determine the cause and manner of the claimed permanent and total disability and to declare in its findings whether or not such disability is permanent and total. Totally and permanently disabled shall mean that the permanent employee is not able, on account of disability received in the discharge of his duties, to adequately discharge the duties of his job or office, nor ever will be, and no permanent employee shall be declared to be totally and permanently disabled to discharge the duties of his job or office, except upon the recommendation of three reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by said City, one by the permanent employee, and these two shall select the third. The recommendations of the physicians shall state that they "find him totally and permanently disabled from performing the duties of his job or office" and/or that they "do not find him totally and permanently disabled from performing the duties of his job or office," and the majority report of the physicians shall govern. Should the report of the physicians state that they "find the employee totally and permanently disabled from performing the duties of his job or office," then said employee shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of injury; provided, however, that no permanent employee shall draw any benefits under this Section if his disability is found by the City to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or the wilful misconduct, or due to the commission of crime under the laws of this State, or any other State or the United States; and provided further it shall be the duty of said City to make frequent investigations of the disability of such employee, and in the event it determines that he is no longer totally and permanently disabled and is able to actively perform his duties or services that he was employed to perform at the time of his injury that resulted in the claimed permanent and total disability, to order said pensioner to return to work and remove him from the pension list; provided, however, after said employee is declared permanently and totally disabled and he desires to accept other employment with the City that he is able to perform that is offered him by said City, as long as he performs such duty he shall be paid at least as much as he would receive from his pension but shall not receive a 466 JOURNAL OF THE SENATE pension, and in such cases the employee may leave such employment at any time he sees fit and be immediately returned to the pension list at the sum that he was retired on, and the City may strike him from the pay roll and return him to the pension list at any time it sees fit. Section XVIII. Any permanent employee who after one year from the effective date of this Act that shall become disabled and cannot perform the duties of his employment and who has to his credit twelve years of employment as a permanent employee, whether such twelve years be before the effective date of this Act, or be after the effective date of this Act, or part of such years are before the effective date of this Act, and part after the effective date of this Act, and who, after four weeks continuous unbroken disability, makes application in person or by his authorized representative, to City Council, and is found by City Council disabled and cannot perform the duties of his employment, shall be placed on the pension list and receive, while so disabled, excluding first four (4) weeks, a pension of two (2) per centum of the highest salary or wage or remuneration he has received as a permanent employee within seventy-two (72) months immediately preceding such disability times the number of years served, during the continuance of his disability. Provided, it shall be the duty of the City to make frequent investigations of such cause and return such employee to active duty or service as soon as he is able to return, at which time his pension, by virtue of this Section, will stop. Provided, that should such employee receive any Workmen's Compensation, while so disabled, such Workmen's Compensation so received, excluding medical, doctors, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation, as well as any other indebtedness that he may be due the City; provided, further, that no permanent employee shall draw any benefits under this section if his disability is found by the City to have been caused by the permanent employee's wilful misconduct or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication, or wilful misconduct, or due to the commission of a crime under the laws of this State or any other State or the United States; Section XIX. Any permanent employee who, before retirement, voluntarily, absolutely separates from the service, or who is discharged, or whose office or position is abolished as provided by the "Augusta Officers and Employees Tenure Act" appearing in Georgia Laws, Extra-Session 1937-38, pages. 938-943, inclusive, as amended by the Acts of the General Assembly of Georgia, approved February 19, 1941, Georgia Laws, 1941, pages 1071-1072, hereafter amended, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, fifty (50) per centum of the amount of deductions from his salary, wages or remuneration by virtue of this Act, without interest, less any disability payments he has received, also less any indebtedness whatever that he may be due the City, provided such permanent employee has, after becoming such permanent employee and after the effective date of this Act, continued in continuous employment as provided by this Act for twelve months, and when said fifty (50) per centum is returned to said employee, he shall not have any further claim THURSDAY, FEBRUARY 15, 1945 467 or rights to receive any fund, or payments whatsoever of any kind or character from said fund. Section XX. If a permanent employee is separated from the service of his employment, as defined in this Act, by death, there shall be returned to his or her surviving spouse, if one, and if not, then to his or her next of kin upon application therefor, one hundred ( 100) per centum of the deductions from his or her salary, wages or remuneration, less any payments made to him or her by reason of any other provisions of this Act, and less any sum that might be due by him or her to the City, which amount so due shall be paid to the City; and whim said one hundred ( 100) per centum less authorized deductions, if any, is returned to said employee, or his or her estate, or his or her personal representative shall receive from said fund, no other sums whatsoever. Section XXI. Any permanent employee, who before retirement, or who voluntarily separates from the service, or is discharged or his office or position abolished as provided by the "Augusta Officers and Employees Tenure Act" appearing in Georgia Laws, Extra Session 1937-38, pages 928-943, inclusive, as amended, and is thereafter re-employed by the City, and upon the presentation to City Council of a certificate from a doctor designated by The City Council of Augusta, certifying that such permanent employee is in good health and able to perform actively the duties of his employment by the City, his services prior to such separation or discharge shall be counted in his length of service with the City, provided he shall, before he completes said twelve months continuous employment after being so re-employed by the City, pay back into the pension fund, by paying to the Comptroller of said City, th~ amount refunded to such permanent employee by reason of such separation or discharge. Section XXII. There shall not be paid to any person Whomsoever more than one benefit at a time under this Act. Section XXIII. None of the retirement provisions of this Act shall be construed to repeal the Act of the General Assembly of ( ieorgia, Extra Session, 1937-38 (Georgia Laws, Extra Session, 1937-38, pages 938-943, inclusive), designated as "Augusta Officers and Employees Tenure Act", as amended by an Act of the General Assembly, approved February 19, 1941, (Georgia Laws 1941, pages 1071-1072), designated as "Augusta City Attorney," but to the contrary both of said Acts are hereby ratified and confirmed and the City Attorney of said City is hereby declared to be a permanent employee under the terms of said Acts herein enumerated as well as in this Act. Section XXIV. That whenever any permanent employee of the City is properly placed on the pension list to draw a pension from said pension fund, his pension shall be increased in proportion as the salary, wage or remuneration of the job or position that he retired on at the time of retirement shall be increased. Provided that reduction shall be made in the pension in proportion with the salary, wage or remuneration decreased from time to time for such job or position that said permanent em- 468 JOURNAL OF THE SENATE ployee so pensioned retired on, however, said pension shall never be reduced to less than the original pension granted. Section XXV. All applications for pension shall be made to the Clerk of Council on forms prescribed by City Council and printed for use in such cases, and it shall be the duty of The City Council to provide said forms at all times and the Clerk of Council shall immediately transmit such application to the City Attorney for his approval as to form and procedure, and upon his approval, same shall then be presented to Council. Section XXVI. At the close of each year the Comptroller shall make a written report to City Council of funds on hand and liabilities of said pension, both accrued and contingent. This report shall be published in the City Year Book of annual reports as a part of the financial report of the City. Section XXVII. Each section of this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void, shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void, or parts of sections not held to be void, would have been enacted regardless of any section or part of any section being held void. Section XXVIII. This Act constitutes a contract between the City of Augusta and each permanent employee now and hereafter from the date it becomes effective. Section XXIX. Any person whomsoever covered by this Act, or administering the provisions of this Act that violates the provisions of this Act shall be guilty of a misdemeanor and shill be punished, if found guilty, as provided for the punishment of a misdemeanor in this State. Section XXX. That the first day of the first month after the approval of this Act by the Governor of Georgia shall be the "Effective Date" of this Act, and beginning with said Effective Date this Act is declared to be effective and an existing law of the State of Georgia. Section XXXI. All laws and parts of laws, Acts and Ordinances in conflict with this Act are hereby repealed. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 15, 1945 469 Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SB 173 SB 174 SB 180 Respectfully submitted, Nix of 32nd District, Chairman. As a continuing order of business, HR 11 was taken up for further consideration. HR 11. By Mr. Harris of Richmond and others: A resolution providing a new constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. SECTION V. STATE BOARD OF CORRECTIONS Paragraph I. STATE BOARD OF CORRECTIONS; HOW COMPOSED; DIRECTOR. There shall be State Board of Corrections composed of five members in charge of the State Penal System. The Board shall have such jurisdiction, powers, duties and control of the state penal system and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The first appointment shall be for terms of one, two, three, four and five years and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law. Senator Rainey of the 11th offered the following amendment: Amend HR 11 by striking Section V, Article V, paragraph I in its entirety. On the amendment, Senator Harrell of the 12th moved the ayes and nays. 470 JOURNAL OF THE SENATE The motion prevailed and the roll call was as follows: Those voting in the affirmative were Senators: Bentley Caldwell Deal Drinkard Gillis Grayson Harrell of 12th Harrell of 7th Hawes Hill Moate Nix Norton P'eebles Rainey Riley Sabados Smith Turner of 34th Turner of 35th Wall Welsch Those voting in the negative were Senators: Baggett Bennett Brown Causey Cloud Cook Drake Edwards Freeman Greene Hodges Holsenbeck Mavity McGinty Millican Minchew Moore Shedd Slaughter Stone Yawn Mr. President Not voting were Senators Battle of the 13th, Branch of the 47th, Chastain of the 41st, Daves of the 14th, Edenfield of the 2nd, Gould of the 4th, Walker of the 45th and Wellborn of the 40th. On the adoption of the amendment, the ayes were 22, nays 21; the president voted nay and the amendment was lost. The president asked was there objection to the dispensing with the roll call. There was objection and the roll call was verified. Senator Harrell of the 12th moved that the Senate reconsider its action in failing to pass the amendment offered by Senator Rainey of the 11th. The motion prevailed. Senator Harrell of the 12th moved the ayes and nays and the roll call was ordered. On the motion to reconsider the amendment, the roll call was as follows : THURSDAY, FEBRUARY 15, 1945 471 Those voting in the affirmative were Senators: Bentley Caldwell Chastain Deal Drinkard Gillis Grayson Harrell of 12th Hawes Hill Moate Nix Norton Rainey Riley Sabados Smith Turner of 35th Wall Welsch Those voting in the negative were Senators: Baggett Bennett Branch Brown Causey Cloud Cook Drake Edwards Freeman Greene Harrell of 7th Hodges Holsenbeck Mavity McGinty Millican Minchew Moore Peebles Shedd Slaughter Stone Turner of 34th Yawn Not voting were Senators Battle of the 13th, Daves of the 14th, Edenfield of the 2nd, Gould of the 4th, Walker of the 45th and Wellborn of the 40th. On the motion to reconsider the amendment, the ayes were 20, nays 25 and the motion was lost. By unanimous consent the verification of the roll call was dispensed with. Senator Sabados of the lOth offered the following amendment: Amend HR 11 by striking from Paragraph 1, Section V, the words "The Board of Corrections shall be appointed by the Governor" and inserting in lieu thereof the words "The Board of Corrections shall be elected by the people". On the adoption of the amendment, Senator Sabados of the lOth moved the ayes and nays and the motion prevailed. The roll call was as follows : Those voting in the affirmative were Senators: Bentley Chastain Deal Drinkard Gillis Harrell of 12th 472 JOURNAL OF THE SENATE Hill Moate Nix Rainey Sabados Those voting in the negative were Senators: Baggett Branch Brown Caldwell Causey Cloud Cook Drake Edwards Freeman Harrell of 7th Hodges Holsenbeck Mavity McGinty Millican Minchew Moore Norton Peebles Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Wall Welsch Not voting were Senators Battle of the 13th, Bennett of the 17th, Daves of the 14th, Edenfield of the 2nd, Gould of the 4th, Grayson of the 1st, Greene of the 21st, Hawes of the 30th, Riley of the 23rd, Walker of the 45th, Wellborn of the 40th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 11, nays 28, and the amendment was lost. Senator Millican, of the 52nd District, moves to amend Section 5 Paragraph V by siriking the word "five" in line 3 and inserting in lieu thereof the word "three". Further amends by striking the words "The first appointment shall be for terms of one, two, three, four and five years" and inserting the following: "The first appointment shall be for terms of one, two, and three years". Further amends line 11 by striking the word "five" and inserting in lieu thereof the word "three". The amendment was adopted. Section V of Article V was adopted as amended. THURSDAY, FEBRUARY 15, 1945 473 .SECTION VI. STATE DEPARTMENT OF VETERAN SERVICE Paragraph I. VETERAN SERVICE BOARD; HOW COMPOSED; DIRECTOR. There shall be a State Department of Veterans Service and a Veteran.s Service Board composed of five members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and allmembers of the Board and the Director shall be veterans of some war in which the United States has engaged. The first appointments shall be for terms of one, two, three, four and five years. Thereafter all terms and appointments, except in case of vacancy, shall be for five years. Vacancies shall be filled by appointment of the Governor. Senator Stone of the 15th District, moves to amend Paragraph 1 of Section VI of Article 5 at page 33 of HR 11, by striking out said Paragraph in its entirety, and by substituting in lieu thereof, a new P"aragraph to read as follows: SECTION VI. STATE DEPARTMENT OF VETERANS SERVICE, ,Paragraph 1. VETERANS SERVICE BOARD: HOW COMPOSED; DIRECTOR. "There shall be a State Department of Veterans Service and a Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a Director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged. The first appointment shall be for terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment of the Governor." The amendment was adopted. Section VI of Article V was adopted by substitute. Senator Freeman of the 22nd moves to amend Article 5 by adding a new section to be known as Section 7, and to read as follows: Section 7, Paragraph 1. The General Assembly shall have the authority to reduce the members and to fix the compensation of the members of any board or commission created in this article. 474 JOURNAL OF THE SENATE Senator Stone of the 15th moves to amend Article 5, Paragraph 1, Section 7 by adding the following: Provided however that the General Assembly shall not increase or decrease the membership of the Veterans Service Board. The amendment was adopted. Section VII of Article V was adopted as amended. Article V was adopted as amended. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock Monday morning. MONDAY, FEBRUARY 19, 1945 475 Senate Chamber, Atlanta, Georgia. Monday, February 19, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, Chairman of the Committee on Journals, reported that the journal of Thursday's preceedings 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting on third reading for final passage local Senate and House bills and general bills with local application. 6. Further consid~ration of the Constitution. The consent was granted. The president introduced to the Senate Mrs. Thompson and Mrs. Bowers, sister and niece of Senator Turner of the 35th. Hon. Ellis Pope, Judge of the City Court of Toombs County; Judge Gordon Saussy, Ordinary of Chatham County; and the wife and daughter of Senator Edenfield were introduced to the Senate by the president. The following bills and/or resolutions were introduced, read the first time and referred to Committees: SB 210. By Senator Greene of the 21st: A bill to be entitled an Act to prohibit the sale of cemetery lots on the representation or inducement that the same may be sold at a profit; and for other purposes. Referred to Committee on State of Republic. 476 JOURNAL OF THE SENATE, SB 211. By Senator Walker of the 45th: A bill to be entitled an Act to create a joint Airport Commission for the City of Fitzgerald and County of Ben Hill; and for other purposes. Referred to Committee on Aviation. SB 212. By Senators Grayson of the 1st, Moate of the 20th and Mavity of the 44th: A bill to be entitled an Act to amend the Act establishing the Department of Labor by transferring to the Commissioner of Labor the duty of making rules for the prevention of accidents and occupational diseases in places of employment in this State; and for other purposes. Referred to Committee on Industrial Relations. SB 213. By Senator Edenfield of the 2nd: A bill to be entitled an Act to require the Director of Corrections to pay the . costs of an inquest where a State prisoner is killed within a State Prison; to require the Director of Corrections to pay costs of any criminal prosecution where the crime is committed by a State prisoner; 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 Hou~e has passed by the requisite constitutional majority the following bills of the House to wit: HB 257. By Messrs. Hinson and Williams of Ware and Brock of Carroll: A bill to be entitled an Act to repeal Section 24-1601 of the Code and provide a new Section 24-1601 setting up a new schedule of fees for the Justices of the Peace; and for other purposes. HB 282. By Messrs. Cates and Bargeron of Burke, Harris of Richmond and Mason of Morgan: A bill to be entitled an Act to provide different method for the distribution of gasoline tax revenues to the various counties; and for other purposes. MONDAY, FEBRUARY 19, 1945 477 HB 284. By Messrs. Hinson and Williams of Ware, Connell of Lowndes and Thrash of Coffee : A bill to be entitled an Act to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect the vested, co-equal or correlative rights of owners of crude oil or natural gas, and to create an oil and gas commission; and for other purposes. HB 346. By Messrs. Gammage and Jennings of Sumter: A bill to be entitled an Act to provide all candidates for the General Assembly in Sumter county shall specify the incumbent he desires to oppose; and for other purposes. HB 405. By Mr. Sheffield of Miller: A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Miller county and create the office of tax commissioner; and for other purposes. HB 406. By Mr. Sheffield of Miller: A bill to be entitled an Act to abolish the present Board of Commissioners of Roads and Revenues for the County of Miller and to create a new board; and for other purposes. HB 482. By Mr. Adamson of Clayton: A bill to be entitled an Act to provide for assistants and clerks for the Tax Commissioner of Clayton county and fix their compensation; and for other purposes. HB 483. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an Act to fix the salaries of the Board of Commissioners of Roads and Revenues of Spalding county; and for other purposes. HB 485. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioner of Roads and Revenues of Cobb county; and for other purposes. HB 487. By Mr. Williams of Toombs: A bill to be entitled an Act to repeal an Act approved March !8, 1937 (Georgia Laws 1937, pp. 1193-1195) which amended the Act establishing the City Court of Lyons; and for other purposes. 478 JOURNAL OF THE SENATE HB 490. By Mr. Williams of Toombs: A bill to be entitled an Act to amend the Act creating the City Court of Lyons by fixing the salary of the Judge and Solicitor of said court; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requ1s1te constitutional majority the following bills and resolution of the House to wit: HB 475. By Mr. Giddens of Calhoun: A bill to be entitled an Act to fix the salary and expenses of the Commissioners of Roads and Revenues of Calhoun county; and for other purposes. HB 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes. HB 480. By Mr. Burch of Dodge: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Dodge county at $4800.00 per annum for the duration of the war; and for other purposes. HR 8. By Mr. Alexander of Chatham: A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners. 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 resolution of the House to wit: HB 147. By Messrs. Arnold of Spalding and Arnall of Coweta: A bill to be entitled an Act to amend Title 46 of the Code by adding a MONDAY, FEBRUARY 19, 1945 479 new Section providing. that State, County or Town officials and employees may be garnisheed; and for other purposes. HB 169. By Mr. Swint of Spalding: A bill to be entitled an Act to regulate enrichment of flour, bread, degerminated corn meal and/or grits, prescribe penalty for violation thereof; and for other purposes. HB 278. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an Act to provide that a written finding made by the Secretary of War or the Secretary of the Navy of a death of any person shall be received in court, office or other place, as evidence of such person's death; and for other purposes. HB 466. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to amend the charter of the City of Carrollton, to provide the method of taxing property not returned, to provide closing date for registration of voters; to provide for the election of a Mayor and City Councilmen; and for other purposes. HB 467. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to authorize the Commissioners of Carroll county to furnish gas, oil and repairs for the car used by the sheriff of Carroll county and charge same to court expenses; and for other purposes. HB 469. By Mr. Willoughby of Clinch: A bill to be entitled an Act to fix compensation for members of the Board of Commissioners of Roads and Revenues for Clinch county; and for other purposes. 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 497. By Mr. Watford of Long: A bill to be entitled an Act to amend the Act creating the city court of Ludowici to fix the salary of the Judge and Solicitor of said court; and for other purposes. 480 JOURNAL OF THE SENATE HB 501. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to change the name of the Board of Trustees of Public Schools of Columbus to the Board of Education and to provide for a Superintendent of Education; and to provide the Board of Education may establish Junior Colleges; and for other purposes. HB 503. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the Judge of the M lllicipal Court of the City of Augusta; and for other purposes. HB 505. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide for the salary of the Solicitor General of the Augusta Circuit; and for other purposes. HB 506. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the county officers of Richmond county; and for other purposes. HB 133. By Messrs. Dykes of Bleckley, Smith of Emanuel, Glisson of Evans and others: A bill to be entitled an Act to authorize, empower and direct the Governor to purchase land for the establishment of livestock experiment station; and for other purposes. 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 456. By Messrs. Broome, Hubert and McCurdy of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of the City of Atlanta, to extend the city limits in DeKalb county; and for other purposes. HB 457. By Messrs. Broome, Hubert and McCurdy of DeKalb: A bill to be entitled an Act to amend the charter of the City of Decatur by MONDAY, FEBRUARY 19, 1945 481 providing for the assessment of sanitary taxes and the method of collecting; and for other purposes. HB 422. By Mr. Burch of Dodge: A bill to be entitled an Act to establish a five-man Board of Commissioners of Roads and Revenues for Dodge county; and for other purposes. 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 337. By Messrs. Holley, King and Harris of Richmond: A. bill to b~ entitled an Act to establish a Budget System for the County Board of Education of Richmond county; and for other purposes. HB 435. By Mr. P'orter of Gordon: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Gordon county; and for other purposes. HB 441. By Mr. Burch of Dodge: A bill to be entitled an Act to abolish the office of Commissioner of Roads and Revenues for Dodge county; and for other purposes. HB 446. By Mr. Ramey of Chattooga: A bill to be entitled an Act to abolish the present Board of Commissioners of Chattooga county and create a new board; and for other purposes. HB 449. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to authorize the Board of Trustees of the public schools of Columbus to sell any property, real or personal, under their control, and to invest the proceeds of such sales; and for other purposes. HB 451. By Mr. Greer of Lanier: A bill to be entitled an Act to provide a method for filling vacancies of Mayor or Alderman of the City of Lakeland; and for other purposes. 482 JOURNAL OF THE SENATE HB 452. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an Act to amend the charter of the City of Brunswick to ratify the closing of certain portions of Amherst and Wolf Streets and confer additional powers upon the City Commissioner; and for other purposes. HB 454. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide minimum salaries or wages for officers and men in the Fire Department of the City of Augusta; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional ma)ority the following bills of the Senate to wit: SB 100. By Senator Bennett of the 17th: A bill to be entitled an Act to amend the Charter of the City of Sylvania by providing that the mayor and council shall have authority to set up a pension fund or to pay a pension to city employees; and for other purposes. SB 103. By Senator Cloud of the 19th: A bill to be entitled an Act to amend the Act to revise and consolidate the Acts of the General Assembly as to granting corporate authority to the town of Crawfordville; and for other purposes. SB 110. By Senator Grayson of the 1st: A bill to be entitled an Act to amend the charter of the City of Savannah by repealing all acts relating to pensions of city employees except the act approved February 11, 1941, with certain exceptions; and for other purposes. SB 120. By Senator Greene of the 21st: A bill to be entitled an Act to amend the charter of the City of Gray to enlarge the administrative powers of Council; and for other purposes. The following messagt' was received from the House through Mr. McCutchen, the Clerk thereof: MONDAY, FEBRUARY 19, 1945 483 Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to wit: .HB 115. By Mr. Williams of Ware and Mrs. Mankin of Fulton: A bill to be entitled an Act to repeal in its entirety an Act approved March 31, 1937 (Acts 1937, pp. 294-310), and to rewrite said Act and establish a State Board of Registration for Professional Engineers and Land Surveyors; and for other purposes. HB 121. By Messrs. Wilson of Bibb and Bloodworth of Houston: A bill to be entitled an Act to provide an exemption for members of the Armed Forces from the payment of any penalties, costs, interest or other fees assessed for failure to return real or personal property or to pay the tax on same; and for other purposes. HB 139. By Messrs. Brock and Alexander of Carroll, Hinson and Williams of Ware: A bill to be entitled an Act to establish a new scale of fees for Constables of the Militia Districts of this State; and for other purposes. HB 141. By Messrs. Arnold of .Spalding, Arnall of Coweta and Ray of Warren: A bill to he entitled an Act to amend Section 13-2015 of the Code relating to the limit of loans on real estate by banks; and for other purposes. HB 142. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren: A bill to be entitled an Act to repeal Code Sections 13-2005, 13-2006, 13-2007 and 13-2008, as amended; and for other purposes. HB 143. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren: A bill to be entitled an Act to repeal Section 13-401A of the Code (Georgia Laws 1943, page 248), which is Section 13-411 of the supplement to the Code; and for other purposes. HB 145. By Mr. Arnold of Spalding: A bill to be entitled an Act to amend Section 14-209 of the Code so as to enlarge the definition of bearer paper by placing responsibility on the drawer for the acts of his agent who names a fictitious payees; and for other purposes. 484 JOURNAL OF THE SENATE HB 150. By Mr. Etheridge of Fulton: A bill to be entitled an Act to amend Code Section 56-208 relating to Boards of Directors of Insurance Companies by striking the words "nor more than fifteen" and substituting the words "and as many additional as may be provided by the by-laws of such companies"; and for other purposes. HB 161. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson: A bill to be entitled an Act to amend the Homestead Exemption Law by providing for the filing of application for exemption on April 1st instead of May 1st; and for other purposes. HB 277. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an Act to authorize the State, Counties, Municipalities or other subdivisions of the State to contract with the United States for the purchase, lease or acquisition of equipment, supplies or material; and for other purposes. HB 336. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide a system of pensions for employees of the Board of Health of Richmond county; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk: thereof: Mr. President: The House has agreed to the Senate substitut~ to the following bill of the House to wit: HB 261. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to amend the charter of the City of Augusta to provide for pension fund for permanent employees of the City of Augusta; and for other purposes. The House has disagreed to the Senate substitute to the following bill of the House to wit: HB 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph and others: A bill to be entitled an Act to amend an Act approved August 7, 1931, MONDAY,FEBRUARY 19, 1945 485 which provides for the expenditure of certain sums to assist in the education of orphans of soldiers, sailors and marines whose fathers were killed in action in World War I by providing identical aid to orphans of Veterans of World War II who were killed or have died subsequent to discharge; to fix the amount of such aid; and for other purposes. The speaker of the House has appointed the following members of the House as a committee of conference to wit: Messrs. Price of Clarke, Connell of Lowndes and Cheshire of Colquitt. 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: HB 67. By Mr. Phillips of Columbia: A bill to be entitled an Act to provide for the payment of premium taxes by all insurance companies doing. business in this State to the Insurance Commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes. HB 73. By Mr. Price of Clarke: A bill to be entitled an Act to create the Servicemens' Resettlement Corporation; to authorize the issuance of Revenue Bonds of the Corporation, making such bonds legal investments and exempt from taxation; and for other purposes. HB 144. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren: A bill to be entitled an Act to revise the scale of fees paid by banks for examination by Bank Examiners; and for other purposes. HB 162. By Messrs. Connell of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia, Cowart of Lowndes and McCracken of Jefferson: A bill to be entitled an Act to provide applications for exemptions on the household and kitchen furniture must file by April 1st instead of May 1st; and for other purposes. HB 459. By Messrs. Holleman, Shields and Young of Muscogee: 486 JOURNAL OF THE SENATE A bill to be entitled an Act to amend the charter of the City of Columbus by extending the city limits; and for other purposes. HR 85. By Messrs. Kendrick of Fulton, Hand of Mitchell, Harris of Richmond and Thrash of Coffee: A resolution commending William Anderson Alexander for his accomplishments in behalf of the young men of this State. HR 86. By Mrs. Mankin of Fulton: A resolution commending our Jewish fellow citizens for memorializing the name of this State on the soil of Palestine. HR 87. By Messrs. Cannel of Lowndes, Twitty and Hand of Mitchell and others: A resolution memorializing the Congress of the United States of America to enact at the earliest possible date SB 181. 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: HB 463. By Mr. Almand of Walton: A bill to be entitled an Act to amend the charter of the City of Monroe, in the County of Walton, approved December 3, 1896, Acts of 1896, pages 212 to 225, inclusive, and other amendments thereto, so as to authorize the City of Monroe to provide for the establishment of a municipal freezer locker plant and for the operation and maintenance of same; and for other purpose~. The following bills of the House were read the first time and referred to committees: HB 449. By Mr. Holleman of Muscogee and others: A bill to authorize the Board of Trustees of the Public Schools of Columbus to sell any property real or personal under their control, and to invest the proceeds of such sales; and for other purposes. Referred to Committee on Municipal Government. MONDAY, FEBRUARY 19, 1945 487 HB 451. By Mr. Greer of Lanier: A bill to provide a method for filling vacancies of Mayor or Alderman of the City of Lakeland; and for other purposes. Referred to Committee on Special Judiciary. HB 452. By Mr. Gowen of Glynn and others: A bill to amend the charter of the City of Brunswick, to ratify the closing of certain portions of Amherst and Wolf streets and confer additional powers upon the city commissioner; and tor other purposes. Referred to Committee on Municipal Government. HB 454. By Mr. Holley of Richmond: A bill to provide minimum salaries or wages for officers or men in the fire department of the City of Augusta; and for other purposes. Referred to Committee on Municipal Government. HB 456. By Mr. Broome of DeKalb and others: A bill to amend the charter of the City of Atlanta, to extend the city limits in DeKalb County; and for other purposes. Referred to Committee on Municipal Government. HB 457. By Mr. Broome of DeKalb and others: A bill to amend the charter of the City of Decatur by providing for the assessment of sanitary taxes and the method of collecting; and for other purposes. Referred to Committee on Municipal Government. HB446. By Mr. Ramey of Chattooga: A bill to abolish the present Board of Commissioners of Chattooga County and create a new board; and for other purposes. Referred to Committee on Counties and County Matters. HB 337. By Mr. Holley of Richmond and others: A bill to establish a budget for the County Board of Education for Richmond county; and for other purposes. Referred to Committee on Counties and County Matters. 488 JOURNAL OF THE SENATE HB 441. By Mr. Burch of Dodge: A bill to abolish the office of Commissioner of Roads and Revenues for Dodge county; and for other purposes. Referred to Committee on Counties and County Matters. HB 422. By Mr. Burch of Dodge: A bill to establish a five-man Board of Commissioners of Roads and Revenues for Dodge county; and for other purposes. Referred to Committee on Counties and County Matters. HB 463. By Mr. Almand of Walton: A bill to be entitled an Act to amend the charter of the City of Monroe to authorize the city to establish and maintain a municipal freezer locker plant; and for other purposes. Referred to Committee on Municipal Government. HB 435. By Mr. Porter of Gordon: A bill to fix the salary of the Tax Commissioner of Gordon county; and for other purposes. Referred to Committee on Counties and County Matters. HB 459. By Mr. Holleman of Muscogee: A bill to amend the charter of the City of Columbus by extending the City limits; and for other purposes. Referred to Committee on Municipal Government. HB 115. By Mr. Williams of Ware and others: A bill to repeal in its entirety an Act approved March 31, 1937 (Acts 1937, pp. 294-310) and to rewrite said Act and establish a State Board of Regis- tration for Professional Engineers and Land Surveyors; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 121. By Mr. Wilson of Bibb and others: A bill to provide for exemption for members of the Armed Forces from the payment of any penalties, costs, interest or other fees assessed for failure MONDAY, FEBRUARY 19, 1945 489 to return real or personal property or to pay the tax on same; and for other purposes. Referred to Committee on Finance. HB 139. By Mr. Brock of Carroll and others: A bill to establish a new scale for fees for constables of the Militia Districts of this State; and for other purposes. Referred to Committee on Finance. HB 141. By Mr. Arnold of Spalding and others: A bill to relieve banks from liability for cashing checks bearing forged or unauthorized indorsements unless claim is filed within one year; and for other purposes. Referred to Committee on Banks and Banking. HB 142. By Mr. Arnold of Spalding and others: A bill to repeal Code Section 13-2005, 13-2006, 13-2007 and 13-2008 as amended ; and for other purposes. Referred to Committee on Banks and Banking. HB 143. By Mr. Arnold of Spalding and others: A bill to be entitled an Act to repeal Section 13-401A of the Code of Georgia (Georgia Laws 1943, page 248) which is Section 13-411 of the supplement to the Code ; and for other purposes. Referred to Committee on Banks and Banking. HB 145. By Mr. Arnold of Spalding and others: A bill to amend Section 14-209 of the Code so as to enlarge the definition of bearer paper by placing responsibility on the drawer for the acts of his agent who names a fictitious payee; and for other purposes. Referred to Committee on Banks and Banking. HB 150. By Mr. Etheridge of Fulton: A bill to amend Code Section 56-208 relating to Boards of Directors of Insurance Companies by striking the words "nor more than fifteen" and substituting the words "and as many additional as may be provided by the by-laws of such companies"; and for other purposes. Referred to Committee on Insurance. 490 JOURNAL OF THE SENATE HB 161. By Mr. Connell of Lowndes and others: A bill to amend the Homestead Exemption Law by prov1ding for the filing of application for exemption on April 1st instead of May 1st; and for other purposes. Referred to Committee on Finance. HB 277. By Mr. Durden of Dougherty and others: A bill to authorize the State, Counties, Municipalities or other subdivisions of the State to contract with the United States for the purchase, lease or acquisition of equipment, supplies or material; and for other purposes. Referred to Committee on State of Republic. HB 336. By Mr. Holley of Richmond and others: A bill to provide a system of pensions for employees of the Board of Health of Richmond county; and for other purposes. Referred to Committee on Counties and County Matters. HB 162. By Mr. Connell of Lowndes and others: A bill to provide applications for exemptions on the household and kitchen furniture must be filed by April 1st instead of May 1st; and for other purposes. Referred to Committee on Finance. HB 144. By Mr. Arnold of Spalding and others: A bill to revise the scale of fees paid by banks for examination by Bank Examiners; and for other purposes. Referred to Committee on Banks and Banking. HB 73. By Mr. Price of Clarke: A bill to create the Servicemens Resettlement Corporation, to authorize the issuance of Revenue Bonds of the corporation, making such bonds legal investments and exempt from taxation; and for other purposes. Referred to Committee on Veterans Affairs. HB 67. By Mr. Phillips of Columbia: A bill to provide for the payment of premium taxes by all insurance com- TUESDAY, FEBRUARY 20, 1945 491 panies doing business in this State to the Insurance Commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes. Referred to Committee on Insurance. The following House resolutions were read and the president instructed the Secretary to let them lie on the desk : HR 85. By Messrs. Kendrick of Fulton, Hand of Mitchell, Harris of Richmond and Thrash of Coffee : A resolution resolved by the House that William A. Alexander be commended for his accomplishments in behalf of the young men of this state; and for other purposes. HR 86. By Mrs. Mankin of Fulton: A resolution commending our Jewish fellow citizens memoralizing the name of this State on the soil of Palestine; and for other purposes. HR 87. By Messrs. Connell of Lowndes, Hand and Twitty of Mitchell, Fortson of Wilkes, Williams and Hinson of Ware, Harris of Richmond, Gilbert of Glynn and Weaver of Bibb: A resolution memorializing the Congress to enact SB 181 and HB 1296 relative to federal aid to education. 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 56. By Senator Holsenbeck of the 27th: A bill to be entitled an Act to provide for a change in time of holding the Superior Court of Barrow county; and for other purposes. SB 28. By Senator Shedd of the 3rd: A bill to be entitled an Act to require the State Merit Council to remon from office any county welfare director who has falsified her application for examination in any particular; and for other purposes. SB 66. By Senator Hawes of the 30th: A bill to be entitled an Act to amend an Act abolishing the fee system in 492 JOURNAL OF THE SENATE the Superior Courts of the Northern Circut and fixing the salary in lieu thereof for the Solicitor General of said circuit; and for other purposes. SB 119. By Senator Wall of the 9th: A bill to be entitled an Act to provide for the method of changing county lines within limits of incorporated towns and cities; having a population of not less than 1,200 nor more than 1,400; and for other purposes. SB 90. By Senator Millican of the 52nd: A bill to amend Section 36-606, Code of Georgia, 1933; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requlSlte constitutional majority the following bill of the Senate as amended to wit: SB 35. By Senator Mavity of the 44th: A bill to be entitled an Act to authorize the Ordinary, Board of Commissioners of Roads and Revenue, or other taxing authorities of counties in the State of Georgia having a population of not less than 29,000 and not more than 35,000 according to the 1940 Federal Census to levy an annual tax of not more than one mill, or one dollar on the one thousand dollars of taxable values; and for other purposes. Senator Cloud of the 19th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following bills and 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 199. Do Pass SB 182. Do Pass SB 207. Do Pass SB 273. Do Pass HB 246. Do Pass HB 205. Do Pass HB 167. Do Pass HB 136. Do Pass HB 89. Do P'ass MONDAY, FEBRUARY 19, 1945 493 HB 88. Do Pass HB 22. Do Pass SB 206. Do Pass Respectfully submitted, Senator Cloud of 19th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Your Committee on Engrossing have read and examined the following bills and resolutions of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 189 SB 190 SR 20 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Drinkard of 29th 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 113 SB 87 SB 22 SB 16 SB 36 SB 76 SB 9 SR 9 SR 15 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: 494 JOURNAL OF THE SENATE Mr. President: Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 205. Do Pass SB 169. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Senator Rainey of the 11th District, Chairman of the Committee on Historical Research, submitted the following report: Mr. President: Your Committee on Historical Research have had under consideration the following resolution of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HR 44. Do Pass Respectfully submitted, Rainey of 11th district, Chairman. Mr. Holsenbeck of the 27th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 167. Do Pass Respectfully submitted, Holsenbeck of 27th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Govern~ent 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 201. Do Pass SB 202. Do Pass Respectfully submitted, Turner of 34th district, Chairman. MONDAY, FEBRUARY 19, 1945 495 Mr. Daves of the 14th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. President: Your Committee on Hygiene and Sanitation have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 197. Do P'ass Respectfully submitted, Daves of 14th district, Chairman. By unanimous consent HB 287 was withdrawn from the Committee on Municipal Government and recommitted. The following resolution was read and referred to the Committee on Rules: SR 32. By Senator Caldwell of the 27th: A resolution resolving that after the passage of this resolution, that debate on any subject be limited to ten (10) minutes to each Senator. The Senate insisted on its position in adopting substitute for HB 39 and asked that a committee of conference be appointed. HB 39. By Mr. Price of Clarke and others: A bill to provide a fund to assist in the education of orphans of members of the Armed Forces killed in action in World War II; and for other purposes. The motion prevailed and the president appointed as a committee of conference on the part of the Senate the following: Senator Stone of the 15th, Edwards of the 28th and Slaughter of the 50th. The following bill of the Senate was taken up for the purpose of considering a House amendment thereto: SB 35. By Senator Mavity of the 44th: A bill to be entitled an Act to authorize the levy of a tax of one mill in Walker county to establish public libraries; and for other purposes. The House amendment was as follows: The Committee on Counties and County Matters of the House amends SB 35 by striking the words and figures "having a population of not less than 29,000 and not more than 35,000" wherever the same appear in said bill and inserting in lieu thereof the words and figures, "having a population of not less than 31,000 and not more than 31,050." 496 JOURNAL OF THE SENATE Senator Mavity of the 44th moved that the Senate concur in the House amendment to SB 35 and the motion prevailed. The following bills and resolution of the Senate and House, reported favorably by the committees, were read the second time: SB 197. By Senators Hill of the 36th and Gillis of the 16th: A bill to be entitled an Act to make it a misdemeanor to take any dog, cat or other pet animal in any .hotel room or tourist court; and for other purposes. SB 199. By Senator Caldwell of the 37th: A bill to be entitled an Act to provide that the Clerk of the City Court of LaGrange shall receive the same fees and costs as paid to the Clerk of Troup Superior Court; and for other purposes. SB 201. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the Pension Act for the Atlanta Fire Department to increase the amounts of pensions to be paid pensioners after twenty-five years of service; and for other purposes. SB 202. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the Pension Act for the Police Department of the City of Atlanta to provide method of service and age to retire; to provide amount of pensions to be paid on retirement; to provide for giving credit to members on military leave; and for other purposes. SB 207. By Senator Causey of the .46th: A bill to be entitled an Act to amend Chapter 84 of the Code to provide for nine members of the State Board of Accountants; to provide for publishing a list of all Certified Public Accountants; and for other purposes. SB 206. By Senator Branch of the 47th: A bill to be entitled an Act to provide in all divorce petitions filed in Colquitt county a deposit of $12.00 shall be made as cost; and for other purposes. SB 182. By Senator Walker of the 45th: A bill to be entitled an Act to provide in counties having a population of less than 18,000 now having Probation Officers, that the county commissioners shall approve his appointment and fix his salary; and for other purposes. SB 205. By Senator Drinkard of the 29th: A bill to be entitled an Act to fix the salary for the sheriff of Lincoln county in addition to fees; and for other purposes. MONDAY, FEBRUARY 19, 1945 497 SB 167. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal in its entirety an Act to prevent the practice of fraud upon the public in the sale and use of oleomargarine approved September 21, 1883 (Georgia Laws 1882-3, page 124); and for other purposes. SB 169. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a pension fund for members of Fulton county police department; and for other purposes. HB 22. By Mr. Harris of Richmond: A bill to amend Section 24-3501 of the Code of Georgia of 1933, by increasing the membership of the Court of Appeals to seven judges and to provide that they shall sit in a body; and for other purposes. HB 88. By Mr. Holleman of Muscogee and others: A bill to increase the salary of the Solicitor General of the Chattahoochee Circuit; and for other purposes. HB 89. By Mr. Holleman of Muscogee: A bill to provide that judges of the Superior Courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes. HB 136. By Mr. Hubert of DeKalb and others: A bill to provide for a salary for the Coroner of DeKalb county; and for other purposes. HB 167. By Mr. Lane of Polk: and others: A bill to provide that applicants for divorce in Polk: Superior Court shall pay $10.00 cost upon filing the petition; and for other purposes. HF 205. By Mr. Gre~r of Lanier: A bill to provide for four terms each year of the Lanier Superior Court; and for other purposes. HB 246. By Mr. Seagraves of Madison: A bill to provide for the holding of four terms of the Superior Court of Madison county; and for other purposes. 498 JOURNAL OF THE SENATE HB 273. By Mr. Gowen of Glynn: A bill to pay an additional salary to the Judge of the Brunswick Judicial Circuit; and for other purposes. HR 44. By Weaver, Bloodworth and Wilson of Bibb: A resolution nominating Sidney Lanier to the Hall of Fame of New York University. The following local uncontested bills were read the third time and put upon their passage : SB 168. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act creating a civil service board for Fulton county by fixing the salary of the secretary of the board; to provide all officers and employees of the police and fire departments shall be under civil service; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 186. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of Atlanta to provide how employees and officers of the police, fire and education department, Carnegie Library and its branches may come under the civil service system and to provide for classification of 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 193. By Senator Cook of the 42nd: A bill to be entitled an Act to amend the charter of the City of Summerville by extending the city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 19, 1945 -l99 SB 194. By Senator Minchew of the 5th: A bill to be entitled an Act to amend the charter of the Town of Willacoochee to change the time of election of mayor and councilmen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 195. By Senator Bentley of the 25th: A bill to be entitled an Act to provide that no member of the Board of Commissioners of Roads and Revenues of Upson county shall be mayor of the City of Thomaston while serving as a member 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. The following House bills were read the third time and put upon their passage: HB 447. By Mr. Weaver of Bibb and others: A bill to amend an Act creating a Board of Tax Assessors for the City of Macon to provide for the assessment or reassessment of property for taxation; and for other purposes. The report 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 421. By Mr. Weaver of Bibb and others: A bill to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities to fix the salary for the Board of Tax Appeals; and for other purposes. The report of the committee, which was favorable to the passage of the bill was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. 500 JOURNAL OF THE SENATE HB 399. By Mr. Lam of Troup and others: A bill to amend the charter of the City of Hogansville to provide a Commission form of government with a city manager; and for other purposes. The report of 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 423. By Mr. Weaver of Bibb and others: A bill to authorize Bibb county authorities to levy a license or occupation taxes on all businesses outside of incorporated towns in 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 400. By Mr. Ansley of Lee: A bill to provide for five members of the Board of Commissioners of Roads and Revenues for Lee county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. As a continuing order of business HR 11 was taken up for further consideration. HR 11. By Mr. Harris of Richmond and others: A resolution providing a new constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. ARTICLE VI. JUDICIARY. SECTION I. Paragraph I. COURTS ENUMERATED. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of MONDAY, FEBRUARY 19, 1945 501 Ordinary, Justices of the Peace, Notaries public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law. Section I of Article VI was adopted. SECTION II. Paragraph I. SUPREME COURT JUSTICES, QUORUM. The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice, and one as Presiding Justice; the office of Chief Justice as it has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same right of incumbency and the same succession as to terms, as applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum. The paragraph was adopted. Paragraph II. COURT TO DESIGNATE JUDGES TO PRESIDE, WHEN; MEANS FOR SUPREME COURT TO PREVENT DELAY IN CONGESTED DOCKETS. When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Courts to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, s~lect seven judges of the Superior Court to preside in the cause, but they shall make such selections by lot in open court from not less than twelve names of such Superior Court judges. The paragraph was adopted. Paragraph III. TERMS OF OFFICE. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected for the succeeding terms at the time of electing members of the General Assembly during that year; successors to the two incumbents whose terms will expire on December 31, 1948, shall be elected in like manner during that year; successors to the two incumbents whose terms will expire on December 31, 1950, shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946, and his successor for the ensuing regular term of six years to be elected at the time and in the manner aforesaid at such general election to be held during that year; and all terms {except unexpired terms) shall be for six years. In case of any vacancy which causes an unexpired term, the sane shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until 502 JOURNAL OF THE SENATE, the next regular election, and until 'his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly. The paragraph was adopted. Paragraph IV. JURISDICTION OF SUPREME COURT. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as they existed on August 19, 1916, other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the state of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. Senator Harrell, 7th District, moves to amend HR 11 by adding at the end of Paragraph IV, Section II of Article VI as contained therein the follqwing: The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The amendment was adopted. The paragraph was adopted as amended. Paragraph V. CASES, HOW DISPOSED OF. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prose- MONDAY, FEBRUARY 19, 1945 503 cute the case at the term for 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 the 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 clerk for any omission of duty or to relieve him of any liability resulting therefrom. The paragraph was adopted. Paragraph VI. JUDGMENTS MAY BE WITHHELD. In any case the Court may in its discretion withhold its judgment until the next term after the same is argued. The paragraph was adopted. Paragraph VII. THE SUPREME COURT: HOW CASES TO BE HEARD AND DETERMINED. The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by it. The paragraph was adopted. Paragraph VIII. COURT OF APPEALS. The Court of Appeals shall consist of the Judges provided therefor by law at the time of the ratification of this amendment, and of such additional Judges as the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expinition of the terms of the Judges provided for by law at the time of the ratification of this amendment (except unexpired terms) shall continue six years, and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed .on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent 504 JOURNAL OF THE SENATE proceedings in regard to the same in the Supreme Court, shall he as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall he entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall hind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may he otherwise provided by the General Assembly. Senator Harrell of the 7th District moves to amend HR 11 by adding at the end of Paragraph VIII of Section II of Article VI thereof the following: In the event of an equal division of Judges on any case when the court is sitting as a body, the case shall be immediately transferred to the Supreme Court. The amendment was adopted. The paragraph was adopted as amended. Section II of Article VI was adopted as amended. SECTION III. SUPERIOR COURTS Paragraph I. TERMS, ETC., OF SUPERIOR COURT JUDGES. There shall he a judge of the Superior Courts for each judicial circuit, whose term of office shall he for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this MONDAY, FEBRUARY 19, 1945 50S State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit; provided that at all times there shall be at least one judge in every judicial circuit of this State. The paragraph was adopted. Paragraph II. ELECTIONS, WHEN TO BE HELD. The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms. The paragraph was adopted. Paragraph III. TERMS BEGIN, WHEN. The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. The paragraph was adopted. Section III of Article VI was adopted. SECTION IV. Paragraph I. EXCLUSIVE JURISDICTION. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary, in cases respecting titles to land, and equity cases. The paragraph was adopted. Paragraph II. EQUITY MAY BE MERGED IN COMMON LAW COURTS. The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by Courts of equity in this State. The paragraph was adopted. Paragraph III. GENERAL JURISDICTION. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided. The paragraph was adopted. 506 JOURNAL OF THE SENATE, Paragraph IV. APPELLATE JURISDICTION. They shall have appellate jurisdiction in all such cases as may be provided by law. The paragraph was adopted. Paragraph V. CERTIORARI, MANDAMUS, ETC. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law. The paragraph was adopted. Paragraph VI. NEW TRIALS. The Superior, and City Courts may grant new trials on legal grounds. The paragraph was adopted. Paragraph VII. JUDGEMENT OF THE COURT. The court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party. The paragraph was adopted. Paragraph VIII. SESSIONS. The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived. Senator Sabados of the lOth District moves to amend Paragraph VIII of Article VI, Section IV, on page 42, by adding at end of paragraph the following: "Provided, said Judge is required to hold such hearing in the county where the defendant resides." The amendment was adopted. The paragraph was adopted as amended. P'aragraph IX. PRESIDING JUDGE DISQUALIFIED. The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified. The paragraph was adopted. Section IV of Article VI was adopted as amended. SECTION V. Paragraph I. JUDGES OF SUPERIOR AND CITY COURTS MAY MONDAY, FEBRUARY 19, 1945 507 ALTERNATE, WHEN. In any county within which there is, or hereafter may be a city Court the Judge of said Court, and of the Superior Court may preside in the Courts of each ot)ler in cases where the judge of either Court is disqualified to preside. Section V of Article VI was adopted. SECTION VI. Paragraph I. APPEALS FROM ORDINARY. The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county, from whose decision there may be an appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law. The paragraph was adopted. Paragraph II. POWERS. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdiction. Paragraph III. TERM OF OFFICE. The Ordinary shall hold his office for the term of four years and until his successor is elected and qualified. Senator Welsch of the 39th District moves to amend Article VI, Section VI, Paragraph II by adding at the end of said paragraph the following language: "Provided, the defendant waives a jury trial." The amendment was adopted. The paragraph was adopted as amended. Section VI of Article VI was adopted as amended. SECTION VII. JUSTICES OF THE PEACE. Paragraph I. NUMBER AND TERM OF OFFICE. There shall be in each militia district one justice of the peace, whose official term, except when elected to 508 JOURNAL OF THE SENATE, fill an unexpired term, shall be for 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 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 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 correction 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 I 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 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, whereofsome 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 ~rors 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 Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton county shall have 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 I of Section IX of Article VI of the Constitution of Georgia. The paragraph was adopted. Paragraph II. JURISDICTION. Justices of the Peace shall have jurisdiction in all civil cases arising ex-contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law. The paragraph was adopted. MONDAY, FEBRUARY I9, I945 509 Paragraph III. ELECTIONS AND COMMISSIONS. Justices of the peace shall he elected by the legal voters in their respective districts, and shall he commissioned by the Governor. They shall he removable on conviction for malpractice in office. The paragraph was adopted. Section VII of Article VI was adopted. SECTION VIII. Paragraph I. APPOINTMENT; NUMBER; TERM; REMOVAL. Commissioned notaries public, not to exceed one for each militia district, may he appointed by the judges of the Superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall he commissioned by the Governor for the term of four years and shall he ex-officio justices of the peace, and shall he removable on conviction for malpractice in office. The paragraph was adopted. Section VIII of Article VI was adopted. SECTION IX. UNIFORMITY OF COURTS. Paragraph I. UNIFORMITY PROVIDED FOR. Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts} of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree by such courts, severally, shall he uniform. This uniformity must he established by the General Assembly, and in case of city courts, may he established by the General Assembly. The paragraph was adopted. Section IX of Article VI was adopted. SECTION X. ATTORNEY GENERAL. Paragraph I. ELECTION; TERM OF OFFICE. There shall he an Attorney General of this State, who shall he elected by the people at the same time, for the same term and in the same manner as the Governor. Senator Harrell of the 7th District moves to amend HR II by adding to Article VI, Section X, Paragraph I, relating to the Attorney General, at page 48, a new sentence to read as follows: 510 JOURNAL OF THE SENATE, "The Attorney Genc;_ral shall appoint Assistant Attorneys General, not exceeding ten in number, and shall appoint and name such other personnel as may be necessary. Assistant Attorneys General and other personnel in the Department of Law shall serve until removed by the Attorney General." The amendment was adopted. Millican. of the 52nd District amends amendment by striking the words "not exceeding ten in number" and substitute the words "the number to be designated by the General Assembly." The amendment to the amendment was adopted. The paragraph was adopted as amended. Paragraph II. DUTIES. It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department, to represent the State in the Supreme Court in all Capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law. The paragraph was adopted. Section X of Article VI was adopted as amended. SECTION XI. SOLICITORS GENERAL. Paragraph I. NUMBER; TERM OF OFFICE; VACANCIES. There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the whole state, qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. The paragraph was adopted. Paragraph II. DUTIES. It shall be the duty of the Solicitor General to represent the State in all cases in the Superior Courts of his circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court, and the Court of Appeals and to perform such other services as shall be required of him by law. The paragraph was adopted. Section XI of Article VI was adopted. MONDAY. FEBRUARY 19, 1945 511 SECTION XII. SALARIES OF JUSTICES, JUDGES AND SOLICITORS GENERAL. Paragraph I. SALARIES OF JUSTICES AND JUDGES. The justices of the Supreme Court each shall have out of the treasury of the State salaries of $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of $8,000 per annum, the Judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000 per annum, with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. Causey of the 46th, Cloud of the 19th and others move to amend Article VI, Section XII, Paragraph I, appearing on page 45 of the printed Bill, as follows: 1. By inserting between the words "per annum" appearing on line 5, and the word "with" appearing on line 5 of said paragraph, the following language, to wit: "and the Solicitors General shall each have out of the treasury of the State a salary of $250.00 per annum." 2. By inserting between the word the word "Court" appearing on line 6 of said paragraph and the word "of" appearing on said line of said paragraph, the following language, to wit: "and Solicitor General." so that when so amended, said Article VI, Section XII, Paragraph I, shall read as follows: "Paragraph I. SALARIES OF JUSTICES AND JUDGES AND SOLICITOR GENERAL. The justices of the Supreme Court each shall have out of the treasury of the State salaries of $8,000 per annum; the Judges of the Court of Appeals each shall out of the treasury of the State salaries of $8,000 per annum, tlte Judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000 per annum and the Solicitors General shall each have out of the Treasury of the State a salary of $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly." The amendment was adopted. Senator Peebles of the 18th moves to amend Paragraph I, Section XII, Article VI by adding the following at the end of the paragraph: "Provided further, that the Board of County Commissioners of Richmond county, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action 512 JOURNAL OF THE SENATE, continue to supplement from said county's treasury, the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of two thousand ($2,000) dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the county treasury as above provided." T?e amendment was adopted. The paragraph was adopted as amended. Paragraph II. POWERS TO ABOLISH OR REINSTATE FEES OF SOLICITOR GENERAL. The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of solicitor general in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the solicitor general was elected. The paragraph was adopted. S~ction XII of Article VI was adopted as amended. SECTION XIII. QUALIFICATIONS OF JUSTICES, JUDGES, ETC. Paragraph I. AGE; CITIZENSHIP; PRACTICE OF LAW. No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or Attorney General, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected Solicitor General, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. Section XIII of Article VI was adopted. SECTION XIV. VENUE. Paragraph I. DIVORCE CASES. Divorce cases shall be brought in the county MONDAY, FEBRUARY 19, 1945 513 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. Senator Harrell of the 7th offered the following amendment: Amend HR 11 by striking from Paragraph I, Article VI, Section XIV the words "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." Senator Harrell of the 7th moved the ayes and nays. The motion prevailed and the roll call was as follows: Those voting in the affirmative were Senators: Daves Deal Drinkard Edenfield Edwards Freeman Harrell of 12th McGinty Sabados Shedd Slaughter Walker Those voting in the negative were Senators: Bennett Bentley Brown Causey Cloud Cook Drake Grayson Harrell 'of 7th Hawes Hodges Millican Minchew Moate Moore Rainey Riley Smith Stone Turner of 35th Wall Welsch Wellborn Those not voting were Senators Baggett of the 51st, Battle of the 13th, Branch of the 47th, Caldwell of the 37th, Chastain of the 41st, Gillis of the 16th, Gould of the 4th, Greene of the 21st, Hill of the 36th, Holsenbeck of the 27th, Mavity of the 44th, Nix of the 32nd, Norton of the 33rd, Peebles of the 18th, Turner of the 34th and Yawn of the 48th. By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 12, nays 23, and the amendment was lost. Paragraph II. LAND TITLES. Cases respecting titles to land shall be tried in 514 JOURNAL OF THE SENATE, the county where the land lies, except where a single tract is divided by a county line, in which case the Superjor Court of either county shall have jurisdiction. The paragraph was adopted. Paragraph III. EQUITY CASES. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is ,prayed. The paragraph was adopted. Paragraph IV. SUITS AGAINST JOINT OBLIGORS, CO-PARTNERS, ETC. Suits against joint obligors, joint promissors, co-partners, or joint tri!spassers, residing in different counties, may be tried in either county. The paragraph was adopted. Paragraph V. SUITS AGAINST MAKER, ENDORSER, ETC. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. The paragraph was adopted. Paragraph VI. ALL OTHER CASES. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the judge is satisfied that an impartial jury cannot be obtained in such county. The paragraph was adopted. Section XIV of Article VI was adopted. SECTION XV CHANGE OF VENUE Paragraph I. POWER TO CHANGE VENUE. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law. Section XV was adopted. SECTION XVI JURY TRIALS Paragraph I. RIGHT OF TRIAL BY JURY. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the Superior Court. MONDAY, FEBRUARY 19, 1945 515 The paragraph was adopted. Paragraph II. SELECTION OF JURORS. The General Assembly shalYprovide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe. Sabados of the lOth moves to amend Paragraph II, Section XVI, Article VI, by striking in line 2 and line 3 of Paragraph II the word "men" and inserting in lieu thereof the word "citizens," and by striking the last sentence in said Paragraph II of Section XVI. The amendment was adopted. The paragraph was adopted as amended. Paragraph III. COMPENSATION OF JURORS. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State. The paragraph was adopted. Section XVI of Article VI was adopted as amended. SECTION XVII COUNTY COMMISSIONERS Paragraph I. POWER TO CREATE COUNTY COMMISSIONERS. The General Assembly shall have the power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. Section XVII was adopted. SECTION XVIII WHAT COURTS MAY BE ABOLISHED Paragraph I. POWER TO ABOLISH COURTS. All courts not specially mentioned by name in the first section of this Article may be abolished in any county at the discretion of the General Assembly. The paragraph was adopted. Paragraph II. SUPREME COURT COSTS. PAUPER OATH. The cost in the Supreme Court and Court of Appeals shall not exceed $15.00 until otherwise provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below. 516 JOURNAL OF THE SENATE, The paragraph was adopted. Section XVIII of Article VI was adopted. ARTICLE VII FINANCE, TAXATION AND PUBLIC DEBT SECTION I POWER OF TAXATION Paragraph I. TAXATION, A SOVEREIGN RIGHT. The right of taxation is a sovereign right-inalienable, indestructible-is the life of the State, and rightfully belongs to the people in all Republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party. The paragraph was adopted. Paragraph II. TAXING POWER LIMITED. 1. The General Assembly shall not by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association. 2. The General Assembly shall not grant or authorize, extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into. 3. The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed five (5) mills on each dollar of the value of the property taxable in the State. 4. No poll tax shall be levied to exceed one dollar annually upon each poll. The paragraph was adopted. Paragraph III. UNIFORMITY; CLASSIFICATION OF PROPERTY. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial MONDAY, FEBRUARY 19, 1945 517 limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. ,( The paragraph was adopted. Paragraph IV. EXEMPTIONS FROM TAXATION. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandist or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for. the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, County, Municipal and School District ad valorem taxes, in an amount not to exceed $300.00 in actual value. The homestead of each resident of Georgia actually occupied by the owner as a 518 JOURNAL OF THE SENATE, resident and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State and county purposes, except for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the .\..,;. owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemptions to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities. All cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in sub-section 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purposes, are hereby exempted from all taxation, state, county, municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961. There shall be exempt from all ad valorem intangible 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 corporation 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. All laws exempting property from taxation, other than the property herein enumerated, shall be void. Senator Millican of the 52nd offered the following amendment to Article VII, Section 1, Paragraph 4 of the Constitution by adding the words "such subsiding" on line 29, page 51 the following inserted in Article VII, Section 1 (Section 2-5002): "All intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the gross or net profit from the operation of which can inure to the benefit of any private person; all property irrevocably held under a pension, retirement or profit-sharing plan if no part of the income or corpus thereof can be used for or diverted to any purpose other than the exclusive benefit of employees or their beneficiaries." The amendment was adopted. Senator Millican of the 52nd moves to amend Article 7, Section I, Paragraph IV, Line 10, Page 50 of the Constitution by adding at the end of said line the following after the word "production": "Provided further there shall be exempt from all MONDAY, FEBRUARY 19, 1945 519 ad valorem taxes in this state, .municipal, county, state, real estate owned by any established church and used by such church as a parsonage. The amendment was adopted. Senator Smith of the 24th moves to amend Article VII, Section I, P'aragraph IV, by striking from line 21, Page 50 the words "except for school purposes" and also striking the word "and" which is the first word in line 22 of same page. The amendment was adopted. The paragraph was adopted as amended. Paragraph V. EXEMPTIONS OF CERTAIN INDUSTRIES CON~ TINUED. Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Acts of the General Assembly of 1923, extra session, page 67, ratified November 4, 1924, shall con~ tinue of force until the expiration of the term for which granted. The paragraph was adopted. Senator Millican of the 52nd moves to amend HR 11 by adding to Article VII, Section I, a new paragraph to be numbered Paragraph VI thereunder, as follows: "Ad valorem taxation by the State, Counties, Municipalities, School or other taxing units upon real or personal property in areas in this State developed to clear slums may be adjusted to the extent that the taxes thereon for each taxing unit shall be a sum equal to the amount of taxes assessed by each taxing unit against the property at the time such property was acquired or for each taxing unit its propor~ tionate part of a sum equal to five per centum of the gross rental income, whichever is the greater, upon such conditions as may be prescribed by the General Assembly." The amendment was adopted. The paragraph was adopted. Section I of Article VII was adopted as amended. SECTION II PURPOSES AND METHOD OF TAXATION Paragraph I. TAXATION, HOW AND FOR WHAT PURPOSES EXERCISED. The powers of taxation over the whole State shall be exercised by the Gen~ eral Assembly for the following purposes only: 1. For the support of the State Government and the public institution. 2. For educational purposes. 3. To pay the principal and interest on the public debt, and to provide a sinking fund therefor. 520 JOURNAL OF THE SENATE, 4. To suppress insurrection, to repel invasion, .and defend the State in time of war. 5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who were married to such soldiers prior to January 1, 1920, and who are unmarried. 6. To construct and maintain State buildings and a system of State highways, airports, and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistan<;e to the needy blind, and to dependent children, and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized who does not qualify for such 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 Acts of the General Assembly authorized hereunder for such purposes. 8. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. 9. For public health purposes. Senator Grayson of the 1st offered the following amendment: Amend HR 11, Article VII, Section II, Paragraph I, Subsection V by adding at the end of said Subsection V a new subsection to be known as Subsection 5-A and to read as follows: "5-A: At the first convening of the General Assembly after the ratification of this constitution by the people and upon the Governor's proclamation thereof, The General Assembly shall provide pensions for all veterans of the armed forces of the United States who shall have been residents of the State of Georgia before entering the armed forces, including the Army, Navy, Coast Guard, Marine Corps, Merchant Marine, and the Seabees, and who have been disabled in such service since December 7, 1941, and the termination of the present World War. The General Assembly shall be limited to a maximum payment of pensions to $100.00 per month for permanent total disability, and shall be limited to a minimum of monthly payment of $10.00 for a permanent disability of not less than twenty-five per cent. The General Assembly shall at said session provide for payments of such pensions by levying additional taxes or by appropriations of the same from existing revenue. The provisions of this paragraph are mandatory and in addition to any pension received by such disabled v.eterans from the United States of America." Senator Grayson moved the ayes and nays on the adoption of the amendment. The motion prevailed and the roll call was as follows: MONDAY, FEBRUARY 19, 1945 521 Those voting in the affirmative were Senators: Bentley Brown Causey Deal Drake Grayson Hawes Minchew Rainey Riley Smith Stone Turner of 35th Walker Those voting in the negative were Senators: Bennett Caldwell Cloud Cook Daves Drinkard Edenfield Edwards Freeman Greene Harrell of 12th Harrell of 7th: Holsenbeck McGinty Millican Moore Norton Peebles Sabados Shedd Slaughter Turner of 34th Wall Welsch Wellborn Not voting were Senators Baggett of the 51st, Battle of the 13th, Branch of the 47th, Chastain of the 41st, Gillis of the 16th, Gould of the 4th, Hill of the 36th, Hodges of the 26th, Moate of the 20th, Nix of the 32nd and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 14, nays 25, and the amendment was lost. The paragraph was adopted. Paragraph II. TEACHER RETIREMENT SYSTEM-TAXATION FOR. 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. The paragraph was adopted. Senator Harrell of the 12th moved that the Senate do now adjourn, and the motion prevailed. ...The president announced the Senate adjourned until 10 o'clock tomorrow mormng. 522 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Tuesday, February 20, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th, 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting on third reading for final passage local Senate and House bills and general bills with local application. 6. Further consideration of the Constitution. The consent was granted. The president presented to the Senate, Judge H. F. Allison of Trenton, Dodge county, Georgia. The following bills and/or resolutions were introduced, read the first time and referred to committees: SB 214. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to amend the Charter of the City of Sylvania to create a Public School System and provide for a Board of Trustees and authorizing the levy of a tax; and for other purposes.. Referred to Committee on Municipal Government. SB 215. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to establish a Public School District for Sylvania; TUESDAY, FEBRUARY 20, 1945 523 to define the boundaries of same; to authorize the issuance of bonds for school improvements; and for other purposes. Referred to Committee on Education: SB 216. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a Parks and Recreation Commission in Fulton county; to prescribe the powers and duties of the Commission; and for other purposes. Referred to Committee on Counties and County Matters. SR 30. By Senators Millican of the 52nd and Turner of the 34th: A resolution to authorize the Governor to appoint a Commission to study retirement and Pension Fund Systems in other states and accumulate statistics and actuarial data and report its recommendations to the next General Assembly; and for other purposes. Referred to Committee on State of Republic. SR 31. By Senator Gross of the 31st: A resolution to authorize the Budget Commission to reimburse the Department of Law expenses incurred in freight rate case brought into the Supreme Court of the United States; and for other purposes. Referred to Committee on State of Republic. The following bills of the House were read the first time and referred to the committees: HB 133. By Mr. Dykes of Bleckley and others: A bill to authorize the Governor to purchase land and equipment to establish a Live Stock Experiment Station and to provide for the sale of the increase of live stock; and for other purposes. Referred to Committee on University System of Georgia. HB 147. By Mr. Arnold of Spalding and others: A bill to amend Title 46 of the Code by adding a new Section providing that State, County, City or Town Officials and Employees may be garnisheed; and for other purposes. Referred to Committee on Industrial Relations. HB 169. By Mr. Swint of Spalding: A bill to regulate enrichment of Flour, Bread, Degerminated Corn Meal and/ or Grits, prescribe penalty for violation thereof; and for other purposes. Referred to Committee on Hygiene and Sanitation. HB 257. By Mr. Hinson of Ware and others: 524 JOURNAL OF THE SENATE, A bill to repeal Section 24-1601 of the Code and provide a new Section 24-1601 setting up a new schedule of fees for the Justices of the Peace; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 278. By Mr. Durden of Dougherty and others: A bill to provide that a written finding made by the Secretary of War or the Secretary of the Navy of a death of any person shall be received in Court, office or other place as evidence of such person's death; and for other purposes. Referred to Committee on Special Judiciary. HB 282. By Mr. Cates of Burke and others: A bill to provide a different method for the distribution of gasoline tax revenues to the various counties; and for other purposes. Referred to Committee on Highways and Public Roads. HB 284. By Mr. Hinson of Ware and others: A bill to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect and vested, co-equal or correlative rights of owners of crude oil or natural gas, and to create an Oil and Gas Commission; and for other purposes. Referred to Committee on State of Republic. HB 346. By Mr. Gammage of Sumter and others: A bill to provide all candidates for the General Assembly in Sumter county shall specify the incumbent he desires to oppose; and for other purposes. Referred to Committee on Counties and County Matters. HB 405. By Mr. Sheffield of Miller: A bill to consolidate the offices of tax receiver and tax collector of Miller county and create the office of tax commissioner; and for other purposes. Referred to Committee on Counties and County Matters. HB 406. By Mr. Sheffield of Miller: A bill to abolish the present Board of Commissioners of Roads and Revenues for the County of Miller and to create a new board; and for other purposes. Referred to Committee on Counties and County Matters. TUESDAY, FEBRUARY 20, 1945 525 HB 467. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to authorize the Commissioners of Carroll county to furnish gas, oil, and repairs for the car used by the sheriff of Carroll county and charge same to court expense; and for other purposes. Referred to Committee on Counties and County Matters. HB 469. By Mr. Willoughby of Clinch:, A bill to be entitled an Act to fix compensation for members of the Board of Commissioners of Roads and Revenues for Clinch county; and for other purposes. Referred to Committee on Counties and County Matters. HB 475. By Mr. Giddens of Calhoun: A bill to be entitled an Act to fix the salary and expenses of the Commissioners of Roads and Revenues of Calhoun county; and for other purposes. Referred to Committee on Counties and County Matters. HB 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the Charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes. Referred to Committee on Municipal Government. HB 480. By Mr. Burch of Dodge: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Dodge county at $4,800.00 per annum for the duration of the war; and for other purposes. Referred to Committee on Counties and County Matters. HB 482. By Mr. Adamson of Clayton: A bill to be entitled an Act to provide for assistants and clerks for the Tax Commissioner of Clayton county and fix their compensation; and for other purposes. Referred to Committee on Counties ar{d County Matters. HB 483. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an Act to fix the salaries of the Board of Commission- 526 JOURNAL OF THE SENATE, ers of Roads and Revenues of Spalding county; and for other purposes. Referred to Committee on Counties and County Matters. HB 485. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioner of Roads and Revenues of Cobb county; and for other purposes. Referred to Committee on Counties and County Matters. HB 487. By Mr. Williams of Toombs: A bill to be entitled an Act to repeal an Act approved March 18, 1937 (Georgia Laws 1937, pp. 1193-1195) which amended the Act establishing the City Court of Lyons; and for other purposes. Referred to Committee on Counties and County Matters. HB 490. By Mr. Williams of Toombs: A bill to be entitled an Act to amend the act creating the City Court of Lyons by fixing the salary of the Judge and Solicitor of Said Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 497. By Mr. Watford of Long: A bill to be entitled an Act to amend the act creating the City Court of Ludowici to fix the salary of the Judge and Solicitor of said court; and for other purposes: Referred to Committee on Special Judiciary. HB 501. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to change the name of the Board of Trustees of Public Schools of Columbus to the Board of Education and to provide for a Superintendent of Education; and provide the Board of Education may establish Junior Colleges; and for other purposes. Referred to Committee on Municipal Government. HB 503. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the Judge, Clerk, Sheriff, TUESDAY, FEBRUARY 20. 1945 527 Deputy Clerk and Deputy Sheriff of the municipal court of the City of Augusta; and for other purposes. Referred to Committee on Counties and County Matters. H;IJ 505. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide for a salary for the Solicitor General of the Augusta Judicial Circuit; and for other purposes. Referred to Committee on Special Judiciary. HB 506. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to change from a fee basis to a salary basis all o'fficers of Richmond county who have previously received fees, and to fix the salaries ; and for other purposes. Referred to Committee on Counties and County Matters. HB 466. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to amend the charter of the City of Carrollton to provide the method of taxing property not returned; to provide closing date for registration of voters; to provide for the election of a Mayor and City Councilmen; and for other purposes. Referred to Committee on Municipal Government. The following House resolution was read the first time and referred to the committee: HR 8. By Mr. Alexander of Chatham: A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners; and for other purposes. Referred to Committee on Finance. 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 163. By Senator Yawn of the 48th: A bill to be entitled an Act to amend an Act approved August 15, 1922, 528 JOURNAL OF THE SENATE, which amended an Act creating a new charter for the City of Eastman, etc.; and for other purposes. SB 166. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act entitled "An Act to create a new Charter for the City of East Point," approved August 1912, and the several acts amendatory thereof; and for other purposes. SB 174. By Senator Causey of the 46th: A bill to be entitled an Act to amend an Act approved August 21, 1906 (Acts 1906, pp. 496-507), creating a new charter for the Town of Alma, now City of Alma, in the County of Bacon, and the several Acts amendatory thereof, so as to create a Park and Tree Commission for the City of Alma; etc., to provide for a referendum; and for other purposes. SB 184. By Senator McGinty of th~ 43rd: A bill to be entitled an Act to amend the charter of the City of Calhoun to authorize the levy of a tax of 1.5 per cent on real and personal property for school purposes; and for other rurposes. SB 164. By Senator Caldwell of the 37th: A bill to be entitled an Act to amend the charter of the City of Hogansville by changing to a commission and city manager form of government instead of Mayor and Council; and for other purposes. Mr. Smith of the 24th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 121. Do Pass HB 34. Do Pass HB 241. Do Pass SB 187. Do Not Pass SB 200. Do Pass SB 192. Do Pass TUESDAY, FEBRUARY 20, 1945 529 HB 139. Do Not Pass Respectfully submitted, Smith of 24th district, Chairman. Senator Cloud of the 19th District, Chairman of the Committee on Special J udiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation. SB 188. Do P'ass Respectfully submitted, Cloud of 19th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SB 168 SB 186 SB 193 SB 194 SB 195 SB 199 SB 205 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Drinkard of the 29th District, Chairman of the Committee on Enrollment, submitted the following report: 530 JOURNAL OF THE SENATE, Mr. President: Your Committee on Enrollment have read and examined the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 119 SB 100 SB 120 SB 90 SB 110 SB 66 SB 56 SB 28 SB 164 SB 166 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Moate of the 20th 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 195. Do Pass HB 223. Do Pass HB 81. Do Pass HB 202. Do Pass HB 135. Do Pass HB 165. Do Pass HB 217. Do Pass HB 130. Do Pass TUESDAY, FEBRUARY 20, 1945 531 Respectfully submitted, Moate of 20th district Chairman. Mr. Caldwell of the 37th District, Chairman of the Committee on Education, submitted the following report: Mr. President: Your Committee on Education have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 172. Do Not Pass Respectfully submitted, Caldwell of 37th district, Chairman. The following bills were favorably reported by the committee and read the second time : SB 188. By Senator Grayson of the 1st: A bill to be entitled an Act to amend sub-paragraph 6 of sub-paragraph h of Section 54-657 of the Code by striking the word "and" at the end of subparagraphs (A) and (B) and inserting the word "or" in place of the word "and"; and for other purposes. SB 192. By Senators Millican of the 52nd, Sabados of the lOth and Gross of the 31st: A bill to be entitled an Act providing that all poll taxes which have accrued for the year 1945 and all previous years which have not been collected are hereby abolished; and for other purposes. SB 200. By Senators Daves of the 14th, Millican of the 52nd, Smith of the 24th and Freeman of the 22nd: A bill to be entitled an act to amend Code Section 92-2907 to provide license tags from destroyed or retired motor vehicles may be transferred to another motor vehicle upon payment of 50 cents; and for other purposes. By unanimous consent HB 73 was withdrawn from the Committee on Veterans Affairs, read the second time and recommitted. 532 JOURNAL OF THE SENATE, HB 73. By Mr. Price of Clarke: A bill to create the Servicemen's Resetdement Corporation; to authorize the issuance of Revenue Bonds of the corporation, making such bonds legal investments and exempt from taxation; and for other purposes. The following House bills favorably reported by the committees were read the second time : HB 130. By Mr. Whaley of Telfair: A bill to provide a salary for the sheriff of Telfair county in addition to fees; and for other purposes. HB 195. By Messrs. Strickland and Freeman of Upson: A bill to fix the compensation of the Coroner and Jurors summoned by the Coroner in Upson county; and for other purposes. HB 223. By Mr. Ray of Warren: A bill to change the time for holding Warren Superior Court; and for other purposes. HB 81. By Mr. Hicks of Floyd and others: A bill to amend Article 2, Section 1 of the Constitution by providing that the Commissioner of Roads and Revenues of Floyd county may establish water and sewerage system; and for other purposes. HB 202. By Mr. Marion Ennis of Baldwin: A bill to provide for four terms each year of Baldwin Superior Court; and for other purposes. HB 135. By Mr. Dorsey of Cobb: A bill to require the tax receiver of Cobb county to list taxpayers in alphabetical order regardless of Militia Districts; and for other purposes. HB 165. By Mr. Oakley of Barrow: A bill to provide for the time of holding four terms of Barrow Superior Court; and for other purposes. HB 217. By Mr. Bloodworth of Houston: A bill to change the time for holding of the Superior Court of Houston county; and for other purposes. TUESDAY, FEBRUARY 20, 1945 533 HB 121. By Mr. Wilson of Bibb and others: A bill to provide for exemption for members of the Armed Forces from the payment of any penalties, costs, interest or other fees assessed for failure to return real or personal property or to pay the tax on same; and for other purposes. HB 34. By Mr. Harris of Richmond: A bill to provide a tax of 6c per gallon on kerosene when used as a motor fuel; and for other purposes. HB 241. By Mr. Hand of Mitchell: A bill for abatement of all income taxes for members of the Armed Forces upon death; and for other purposes. The president introduced to the Senate Honorable R. F. Turk, Chairman of the Selective Service in Jones county; Honorable A. B. Winters, Clerk of the Selective Service in Jones county, and Corporal Harold Winters. The following bills were read the third time and put upon their passage. SB 199. By Senator Caldwell of the 37th: A bill to be entitled an Act to provide that the Clerk of the City Court of LaGrange shall receive the same fees and costs as paid to the Clerk of Troup Superior Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agrel"d to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 205. By Senator Drinkard of the 29th: A bill to be entitled an Act to fix the salary for the sheriff of Lincoln county in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. As a continuing order of business, HR 11 was taken up for further consideration. Paragraph III. REVENUE TO BE PAID INTO GENERAL FUND. All 534 JOURNAL OF THE SENATE, money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only. The paragraph was adopted. Paragraph IV. TAX RETURNS OF PUBLIC UTILITIES. The General Assembly may provide for a different method and time of returns, assessment, payment and collection of ad valorem taxes, of public utilities, but not at a greater basis of value or at a higher rate of taxation than other properties. The paragraph was adopted. Senator Freeman of the 22nd, Harrell of the 7th, Causey of the 46th and Gross of the 31st moves to amend Article VII, Section II, by inserting a new paragraph to be known as Paragraph V to read as follows: Paragraph V. PEACE OFFICERS. ANNUITY AND BENEFIT SYSTEM-TAXATION FOR. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying annuities and benefits and other costs under a Peace Officers' Annuity and Benefit system; provided no indebtedness against the State or County or Municipality 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. On the adoption of the amendment Senator Rainey of the 11th moved the ayes and nays. The motion prevailed, and the roll call was as follows: Those voting in the affirmative were Senators: Branch Causey Cloud Cook Deal Edenfield Freeman Grayson Greene Harrell of 7th Hawes Hill Mavity McGinty Peebles Rainey Riley Sabados Shedd Stone Walker Wall Yawn Those voting in the negative were Senators: Baggett Bennett Chastain Daves Drake Gould Harrell of 12th Hodges Holsenbeck Millican Nix Slaughter Smith Turner of 34th Turner of 35th TUESDAY, FEBRUARY 20, 1945 535 Drinkard Edwards Moate Moore Welsch Not voting were Senators Battle of the 13th, Bentley of the 25th, Brown of the 6th, Caldwell of the 37th, Gillis of the 16th, Minchew of the 5th, Norton of the 33rd and Wellborn of the 40th. By unanimous consent the verification of the roll call was dispensed with. On adoption of the amendment, the ayes were 23, nays 20, and the amendment was adopted. The paragraph was adopted. Article VII, Section II was adopted as amended. SECTION III STATE DEBT. Paragraph I. PURPOSES FOR WHICH CONTRACTED. No debt shall be contracted by, or on behalf of the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State. The paragraph was adopted. Paragraph II. BONDED DEBT INCREASED, WHEN. The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection or defend the State in time of war. The paragraph was adopted. Paragraph III. FORM OF LAWS TO BORROW MONEY. All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other. The paragraph was adopted. Paragraph IV. STATE AID FORBIDDEN. The credit of the State shall not 536 JOURNAL OF THE SENATE, be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation. The paragraph was adopted. Paragraph V. ASSUMPTION OF DEBTS FORBIDDEN. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that the amendment to the Constitution proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways, including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired. The paragraph was adopted. Paragraph VI. PROFIT ON PUBLIC MONEY. The receiving directly or indirectly, by any officer of State or county, or member or officer of the General Assembly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. The paragraph was adopted. P'aragraph VII. CERTAIN BONDS NOT TO BE PAID. The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations. The paragraph was adopted. fUESDAY, FEBRUARY 20, 1945 537 Paragraph VIII. SALE OF STATE'S PROPERTY TO PAY BONDED DEBT. The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever, the general Assembly may authorize the sale of the whole or any part thereof,_ shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. The paragraph was adopted. Paragraph IX. STATE SINKING FUND. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned by the Treasurer of the State, with the approval of the Governor, upon terms to be fixed by such officials and when amply secured by bonds of the State or Federal Government. The paragraph was adopted. Section III of Article VII was adopted. SECTION IV TAXATION BY COUNTIES Paragraph I. TAXING POWER OF COUNTIES. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except: 1. To pay the expenses of administration of the county government. 2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor. 3. For educational purposes upon property located outside of independent school system, as provided in Article VIII of this Constitution. 4. To build and repair the public building and bridges. 5. To pay the expenses of courts, the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation. 538 JOURNAL OF THE SENATE, 6. To build and maintain a system of county roads. 7. For public health purposes in said county, and for the collection and preservation of records of vital statistics. 8. To pay county police. 9. To support paupers. 10. To pay county agricultural and home demonstration agents. 11. To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder; provided no indebtedness or liability against the county 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 for such purposes. 12. To provide for fire protection of forest lands and for the further conservation of natural resources. 13. To provide medical or other care, and hospitalization, for the indigent sick people of the county. 14. To acquire, improve and maintain airports, public parks, and public libraries. 15. To provide for workmen's compensation and retirement or pension funds for officers and employees. 16. To provide reasonable reserves for public improvements as may be fixed by law. Senator Caldwell of the 37th moves to amend HR 11 by adding to Article VII, Section IV, Paragraph I, and subsection 10 thereunder, at page 61, authorizing the General Assembly delegate to any county the right to levy a tax "To pay county agricultural and home demonstration agents." by striking the period after the word "agents" and substituting a comma therefor and adding words thereto as follows: "including contributions for retirement benefits therefor." The amendment was adopted. Senator Peebles of the 18th moves to amend Section IV as follows: By adding to Article 7, Section 4, P'aragraph 1, a new subparagraph to read as follows: "17. The amendment to the Constitution of 1877 (Georgia Laws 1943, Page TUESDAY, FEBRUARY 20, 1945 539 48) granting the General Assembly authority to enact laws authorizing Richmond county to create a retirement or pension fund is hereby preserved and there is further included among those entitled to retirement or pension pay under said amendment to said Constitution, the court reporter of the Augusta circuit as to salary received by him out of the treasury of Richmond county, Georgia, the assistant solicitor general of the Augusta circuit for Richmond county, and the stenographer authorized for and appointed by the solicitor general of the Augusta circuit and employees under county officers of Richmond county elected by the people and paid from the treasury of Richmond county. The employees named are hereby declared to be included in, covered by and entitled to all of the provisions of any pension act of the General Assembly enacted by the 1945 or any future session of the General Assembly, without any further legislative enactment, as fully as if said officers had been named in the aforesaid constitutional amendment of 1943 and included in the said act of the General Assembly of 1945." The amendment was adopted. The paragraph was adopted as amended. Paragraph II. DISTRICTING OF COUNTIES. The General Assembly may district the territory of any county, outside the limits of incorporated municipalities, for the purpose of providing systems of waterworks, sewerage, sanitation, and fire protection; and authorize such counties to levy tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements. The paragraph was adopted. Section IV of Article VII was adopted as amended. SECTION V Paragraph I. TAXING POWER AND CONTRIBUTIONS OF COUNTIES, CITIES AND POLITICAL DIVISION RESTRICTED. The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. If any municipal corporation shall offer to the State any property for locating or building a capitol, and the State accepts such offer, the corporation may comply with such offer. Senator Millican of the 52nd moves to amend by striking the last sentence in Section V, Paragraph I, Article VII. The amendment was adopted. ;ection V of Article VII was adopted as amended. 540 JOURNAL OF THE SENATE, SECTION VI Paragraph I. CONTRACTS FOR USE OF PUBLIC FACILITIES. (a) The State, state institution, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions. are by law authorized to undertake. (b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. Section VI of Article VII was adopted. SECTION VII LIMITATION ON COUNTY AND MUNICIP'AL DEBTS Paragraph 1. DEBTS OF COUNTIES AND CITIES. The debt hereafter incurred by any county, municipal corporation or political division of this State except as in this ~onstitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies. of revenue, not to exceed one-fifth of one per centum of the as- TUESDAY, FEBRUARY 20, 1945 541 sessed value of the taxable property therein, without the assent of two-thirds of those voting at an election for that purpose to be held as prescribed by law; provided, that those voting at said election shall be a majority of the registered voters, and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to he null and void; and the General Assembly shall hereafter have no power to pass or enact any law without providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. The paragraph was adopted. Paragraph II. LEVY OF TAXES TO PAY BONDS. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of any annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. The paragraph was adopted. Paragraph III. ADDITIONAL DEBT AUTHORIZED WHEN. In addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the government authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality of political subdivision collectable annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness, authority to create such additional indebtedness shall first have been authorized by 542 _ JOURNAL OF THE SENATE, the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. The paragraph was adopted. Paragraph IV. TEMPORARY LOANS AUTHORIZED; CONDITIONS. In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the State authorized to levy taxes, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality or political subdivision outstanding at any one time, shall not exceed seventy-five per centum of tlie total gross income of such county, municipality or political subdivision from taxes collected by such county, municipality or political subdivision in the last preceding year. Each such loan shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of such county, city or political subdivision, at a meeting legally held, and such resolution shall appear upon the minutes of such meetings. No such county, municipality or subdivision shall incur in any one calendar year, and aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of such county, municipality or subdivision for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. The paragraph was adopted. Paragraph V. REVENUE; ANTICIPATION OBLIGATIONS. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31st, 1937, known as the "The Revenue Certificate Laws 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, and to buy, construct, extend, operate and maintain gas or electric generating and distributing systems, together with all necessary appurtenences thereto. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue pro- TUESDAY, FEBRUARY 20, 1945 543 duced by revenue-producing facilities of the issuing political subdivision, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, 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 to buy, construct, extend, operate and maintain gas or electric generating and distributing systems, together with all necessary appurtenances thereto; provided further, any Revenue Certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, have a favorable majority vote of the county, municipal corporation or political subdivision affected, the election for such to be held by the same method as is used in issuing bonds of such county, municipal corporation or political subdivision and the same elections shall be called and provided for by the Mayor and Council, or officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision 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. Senators Gross of the 31st, Daves of the 14th and Baggett of the 51st offered the following amendment: Amend HR 11, Article 7, Section 7, P'aragraph 5 by striking same in its entirety and substituting a new Paragraph 5 to read as follows: "Paragraph 5. REVENUE ANTICIPATION OBLIGATIONS: Revenue anticipation obligations may be issued by any County, Municipal Corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such County, Municipal Corporation or political subdivision is authorized by the Act of this General Assembly approved March 31st, 1937, known as the "The Revenue Certificate Laws 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, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereto. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivision, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of the paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair, or improvement of such facilities authorill:ed and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereto requisite for supplying gas or electric service within such County, municipal corporation or political sub- 544 JOURNAL OF THE SENATE, division; provided further that before any revenue certificates can be issued to buy, construct, extend or operate and maintain gas or electric generating and distribution systems, they shall first be submitted to and authorized by the affirmative vote of a majority of the qualified voters of the County, municipal corporation or political subdivision at an election called for the purpose to be held in the same manner as prescribed by law for the authorization of the issuance of bonds of such County, municipal corporation or political subdivision. Said elections shall be called and provided for by the mayor and council, or officers in charge of the fiscal affairs of said County, municipal corporation or political subdivision affected; and no such issuing political subdivision 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. On the adoption of the amendment Senator Harrell of the 12th moved the ayes and nays. The motion prevailed and the roll call was as follows: Those voting in the affirmative were Senators: Baggett Bennett Branch Caldwell Causey Chastain Cloud Cook Daves Drinkard Edwards Free~an Gould Grayson Harrell of 7th Hodges Mavity McGinty Millican Nix Peebles Rainey Sabados Slaughter Turner of 34th Wall Yawn Those voting in the negative were Senators: Deal Edenfield Gillis Harrel of 12th Hawes Hill Rosenbeck Minchew Moate Moore Shedd Smith Stone Turner of 35th Walker Not voting were Senators Battle of the 13th, Bentley of the 25th, Brown of the 6th, Greene of the 21st, Norton of the 33rd, Riley of the 23rd, Welsch of the 39th and Wellborn of the 40th. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 27, nays 15, and the amendment was adopted. TUESDAY, FEBRUARY 20, 1945 545 Senator Grayson of the 1st moves to amend by adding at the end of Paragraph V, Section 8, Article 7, the following: "Provided that after an election has been held as set forth above, municipalities shall be permitted to purchase and operate such utility plants with revenue certificates, but shall confine their operations within the confines of the county in which said plant is located and shall not go beyond said limits, without being subject to taxations and regulation by the Public Service Commission as are private owned and operated utilities." The amendment to the amendment was adopted. The paragraph was adopted as amended. Paragraph VI. REFUNDING BONDS. The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of this Constitution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of this Constitution. The paragraph was adopted. Paragraph VII. REFUNDING BONDS TO REDUCE BONDED INDEBTEDNESS. The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing au- 546 JOURNAL OF THE SENATE, thority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution. The paragraph was adopted. Section VII of Article VII was adopted as amended. SECTION VIII P'aragraph I. SINKING FUNDS FOR BONDS. All amounts collected from any source for the purpose of paying the principal and interest of and bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision, and shall be used for no purpose other than that above stated. The monies in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, and in bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guar- anteed by such government, and no other. Any person or persons violating the above provisions, shall be guilty of malpractice in office and shall also be guilty of mis- demeanor, and shall be punished, when convicted, as prescribed by law for the punish- ment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph. Section VIII of Article VII was adopted. SECTION IX APPROPRIATION CONTROL Paragraph I. PREPARATION AND SUBMISSION OF GENERAL APPROPRIATION BILL. The Governor shall submit to the General Assembly within fifteen days after its organization, a budget message accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the ensuing fiscal year. The paragraph was adopted. Paragraph II. CONTINUATION OF GENERAL APPROPRIATION ACT. Each General Appropriation Act, with such amendments as are adopted from TUESDAY, FEBRUARY 20, 1945 547 time to time, shall continue in force and effect for each fiscal year thereafter until repealed or another General Appropriation Act is adopted; provided, however, that each section of the General Appropriation Act in force and effect on the date of the adoption of this Constitution, of general application and pertaining to the administration, limitation and restriction on the payment of appropriations and each section providing for appropriations of Federal Grants and other continuing appropriations and adjustments on appropriations shall remain in force and effect until specifically and separately repealed by the General Assembly. The paragraph was adopted. Paragraph III. OTHER OR SUPPLEMENTARY APPROPRIATIONS. In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor. The paragraph was adopted. Paragraph IV. APPROPRIATIONS TO BE FOR SPECIFIC SUMS. The appropriation for each department, officer, bureau, board, commission, agency or institution for which an appropriation is made, shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part of percentage thereof. The paragraph was adopted. Paragraph V. APPROPRIATIONS VOID, WHEN. Any appropriation made in conflict with either of the foregoing provisions shall be void. The paragraph was adopted. Section IX of Article VII was adopted. SECTION X. Paragraph 1. EXISTING AMENDMENTS CONTINUED OF FORCE. Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the State of this Constitution, shall continue of full force and effect after the ratification of this Constitution, where such amendments are of merely local, and not general application, including the amendments pertaining to the Coastal Highway District of this State. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 ap- .:548 JOURNAL OF THE SENATE, plicable to counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than a number stated in such amendment, and amendments applicable to cities lying in two counties, where such amendments are in force and effect at the time of the ratification of this Constitution. Senator Hodges of the 26th moves to amend HR 11-19C and Paragraph I of Section X of Article VII relating to existing amendments continued of force by adding to the end of said paragraph a new sentence to read as follows: Provided the amendment of Paragraph I of Section II of Article XI of the Constitution of 1877 proposed by Georgia Laws 1943, p. 53, and ratified August 3, 1943, authorizing election by the people of the County Board of Education of Spalding county; prescribing rules of eligibility of members of the Board; providing for election by the Board of the County Superintendent of Schools shall not be continued of force. The amendment was adopted. The paragraph was adopted as amended. Section X of Article VII was adopted as amended. ARTICLE VIII EDUCATION SECTION I Paragraph I. SYSTEM OF COMMON SCHOOLS; FREE TUITION, SEPARATION OF RACES. The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races. The paragraph was adopted. Section I of Article VIII was adopted. SECTION II Paragraph I. STATE BOARD OF EDUCATION, METHOD OF APPOINTMENT. 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 Constitution shall consist of those in office at the time this Constitution 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 TUESDAY, FEBRUARY 20, 1945 549 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, 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 shall hold office until their successors are appointed and qualified. 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 education 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 school book 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 powers and duties as provided by law and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. The paragraph was adopted. Section II of Article VIII was adopted. SECTION III Paragraph I. STATE SCHOOL SUPERINTENDENT; ELECTION, TERM, ETC. There shall be a State School Superintendent, who shaU be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. The paragraph was adopted. Section III of Article VIII was adopted. SECTION IV Paragraph I. UNIVERSITY SYSTEM OF GEORGIA; BOARD OF REGENTS. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, 550 JOURNAL OF THE SENATE, 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 the said Board. The first Board of Regents under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter all succeeding appointments shall be for seven years 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 powers and duties as provided by law existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. Section IV of Article VIII was adopted. SECTION V Paragraph I. COUNTY SYSTEM; BOARD OF EDUCATION, ELECTION, TERM, ETC. Authority is granted to Counties to establish and maintain public schools within their limits. Each County, exclusive of any independent school system now in existence in a County, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each County shall select from the citizens of their respective Counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. 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 next Grand Jury convenes, at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such County shall be selected from that portion of the County not embraced within the territory of an independent school district. The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees. Senator Stone of the 15th moves to amend Article 8, Section 5, Paragraph 1 of the Constitution by striking therefrom the last paragraph thereof and inserting in lieu thereof the following: TUESDAY, FEBRUARY 20, 1945 551 "The General Assembly shall make provision for a local board of trustees who shall have authority to nominate teachers for their respective local schools to the County Board of Education." The amendment was adopted. Section V of Article VIII was adopted as amended. SECTION VI Paragraph I. COUNTY SCHOOL SUPERINTENDENTS; ELECTIPN, TERM, ETC. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. Section VI of Article VIII was adopted. SECTION VII Paragraph I. INDEPENDENT SYSTEMS CONTINUED; NEW SYSTEMS FROHIBITED. Authority is hereby granted to municipal corporations to maintain existing independent school systems within their limits, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Senators Bennett of the 17th, Deal of the 49th and Stone of the 15th: An amendment to a resolution of the House of Representatives, amending the Constitution of the State of Georgia of 1877, and all amendments thereof, adopted by the House of Representatives on February ...., 1945. By amending Section VII, Paragraph I, of Article VIII, by inserting in line two thereof, between the words "corporations" and "to", the words "and any local school District, whether or not wholly within the limits of a municjpal corporation," so that said Section, as amended, will read as follows: Paragraph I. Independent Systems continued; new systems prohibited. Authority is hereby granted to municipal corpora-tions, to maintain existing independent school districts within their limits, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school district shall hereafter be established. The amendment was adopted. The paragraph was adopted as amended. Section VII of Article VIII was adopted as amended. 552 JOURNAL OF THE SENATE, SECTION VIII Paragraph I. MEETINGS OF BOARD OF EDUCATION. All official meetings of County Boards of Education shall be open to the public. Section VIII of Article VIII was adopted. SECTION IX Paragraph I. CONTRACTS FOR CARE OF PUPILS. County Boards of Education and independent school systems may contract with each other for the education, transportation, and care of pupils. Section IX of Article VIII was adopted. SECTION X Paragraph I. CERTAIN SYSTEMS PROTECTED. Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution. Senator Grayson of the 1st, moves to amend Section X, Paragraph I by inserting the words "regents of powers granted" not before the word "public" so that said section and paragraph shall read as follows: "Rights and powers granted public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution." The amendment was adopted. The paragraph was adopted as amended. Section X of Article VIII was adopted as amended. SECTION XI. Paragraph I. GRANTS, BEQUESTS AND DONATIONS PERMITTED. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. The paragraph was adopted. Paragraph II. GRANTS, BEQUESTS AND DONATIONS TO COUNTY BOARDS OF EDUCATION AND INDEPENDENT SCHOOL SYSTEMS. County Boards of Education and independent school systems may accept be- TUESDAY, FEBRUARY 20, 1945 553 quests, donations and grants of land, or other property, for the use of their respective systems of education. The paragraph was adopted. Section XI of Article VIII was adopted. SECTION XII Paragraph I. TAXATION BY COUNTIES FOR EDUCATION. The fiscal authority of the several Counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the County located outside independent school systems. The independent school system of Chatham county and the City of Savannah, being co-extensive with said County, the levy of said tax shall be on all property in said County as recommended by the governing body of said system. Senator Harrell of the 12th offered the following amendment: Amend HR 11, Article 8, Section 12, Paragraph 1 by striking from line 4 the words "fifteen mills" and insert the word "ten mills". On the adoption of the amendment Senator Harrell of the 12th moved the ayes and nays. The motion prevailed and the roll call was as follows: Those voting in the affirmative were Senators: Chastain Cloud Drake Drinkard Harrell of 12th Hawes Minchew Nix Rainey Sabados Turner of 35th Those voting in the negative were Senators: Baggett Bennett Branch Caldwell Cook Daves Deal Edenfield Edwards Freeman Gould Grayson Harrell of 7th Hill Holsenbeck Mavity McGinty Millican Moate Moore Peebles Shedd Slaughter Smith Stone Turner of 34th Wall Not voting were Senators Battle of the 13th, Bentley of the 25th, Brown of the 554 JOURNAL OF THE SENATE, 6th, Causey of the 46th, Greene of the 21st, Hodges of the 26th, Norton of the 33rd, Riley of the 23rd, Walker of the 45th, Welsch of the 39th, Wellborn of the 40th and Yawn of the 48th. The verification of the roll call was dispensed with by unanimous consent. On the adoption of the amendment, the ayes were 11, nays 27, and the amendment was lost. Section XII of Article VIII was adopted. Article VIII was adopted as amended. Senator McGinty of the 43rd asked unanimous consent that the Senate reconsider its action in adopting Paragraph I, Section VII, Article VII for the purpose of adding an amendment thereto: McGinty of the 43rd moves to amend Paragraph I, Section VII, of Article VII of HR 11 by striking from said paragraph the sixth, seventh and eighth lines and the word "voters" on the ninth line of page 65 of said resolution and inserting in lieu thereof the following: "Without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law." The consent was granted. The amendment was adopted. Paragraph I of Section VII of Article VII was adopted as amended. Senator Smith of the 24th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted: HB 459. By Mr. Holleman of Muscogee: A bill to amend the charter of the City of Columbus by extending the city limits; and for other purposes. The consent was granted. Senator Sabados of the lOth moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. WEDNESDAY, FEBRUARY 21, 1945 555 Senate Chamber, Atlanta, Georgia. Wednesday, February 21st, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture and prayer was offered by Rev. Paul James, P'astor of the Baptist Tabernacle of Atlanta, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 5. Further consideration of the Constitution. 6. Putting upon third reading for final passage general Senate and House hills. The consent was granted. Due to death occurring in his immediate family, Senator Branch of the 49th asked unanimous consent that he be permitted to cast his vote on HR 11 and return to his home. The consent was granted and the Senator of the 49th voted aye. The following bills and/or resolutions were introduced, read the first time and referred to Committees: SB 217. By Senator Grayson of the 1st: A bill to be entitled an Act placing the State Guard under the military department of the State; fixing the date for the termination of the State 556 JOURNAL OF THE SENATE, Guard organization; and for other purposes. Referred to Committee on Military Affairs. SB 218. By Senator Caldwell of the 37th: A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues to levy license or occupation taxes on persons doing business in unincorporated sections of Troup county; and for other purposes. Referred to Committee on Counties and County Matters. SB 219. By Senator Gross of the 31st: A bill to be entitled an Act to repeal Code Sections 24-4301, 24-4302 and 24-4303 relating to shorthand writers in the Supreme Court and substituting a new section 24-4301 relating to law assistants, their duties, and salaries; and for other purposes. Referred to Committee on State of Republic. SB 220. By Senator Gross of the 31st: A bill to be entitled an Act to create a "Redevelopment Companies Law1'; to provide for redevelopment companies in any municipality to plan, clear, construct, reconstruct housing projects and buildings; to provide for issuance of stocks, bonds, debentures and notes; to provide for condemnation and for tax adjustments; and for other purposes. Referred to Committee on State of Republic. SB 221. By Senator Gross of the 31st: A bill to be entitled an Act to provide that any municipality, municipalities, county, counties, or combination of them may adopt a plan for development of any area; to provide for development boards; to provide for zoning regulations; and for other purposes. Referred to Committee on Municipal Government. SB 222. By Senator Gross of the 31st: A bill to be entitled an Act to repeal Code Section 24-3508 relating to shorthand writers in the Court of Appeals and to provide a new section 24-3508 relating to law assistants, their duties and salaries; and for other purposes. R.eferred to Committee on General Judiciary No. 2. WEDNESDAY, FEBRUARY 21, 1945 557 SB 223. By Senator Stone of the 15th: A bill to be entitled an Act to provide for the appointment by the Ordinary of a conservator, under certain circumstances, for property of persons serving with the armed forces who are listed as missing or prisoners of war where no power of attorney was executed; and for other purposes. Referred to Committee on Veterans' Affairs. SB 224. By Senators Stone of the 15th and Gould of the 4th: A bill to be entitled an Act to provide for business license to veterans with 10% or more disability shall be free; and for other purposes. Referred to Commit.tee on Veterans' Affairs. Mr. Millican of the 52nd 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 recommendation: SR 32. Do Not Pass Respectfully submitted, Millican of 52nd district, Chairman. Mr. Welsch of the 39th 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: HB 117. Do Not Pass SB 170. Do Pass Respectfully submitted, Welsch of 39th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and 558 JOURNAL OF THE SENATE, 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: HB 194. Do Pass HB 244. Do Pass HB 487. Do Pass HB 490. Do Not Pass HB 469. Do Pass HB 483. Do Pass HB 346. Do Pass HB 485. Do Pass HB 467. Do Pass HB 482. Do Pass SB 216. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Moate of the 20th 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 336. Do Pass HB 337. Do Pass HB 475. Do Pass HB 503. Do Pass HB 506. Do Pass WEDNESDAY, FEBRUARY 21, 1945 559 HB 435. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Turner of the 35th 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 House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HB 145. Do Pass HB 143. Do Pass HB 150. Do Pass HB 141. Do Pass HB 144. Do Pass HB 142. Do Pass Respectfully submitted, Turner of 35th district, Chairman. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the requ1s1te constitutional majority the following bills and resolutions of the House to wit: HB 494. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus changing the date for holding primary elections for nominating members of the commission of the City of Columbus; and for other purposes. HB 498. By Mr. Watford of Long: A bill to be entitled an Act to amend the charter of the City of Ludowici by extending the dty limits; and for other purposes. 560 JOURNAL OF THE SENATE, HB 499. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses of the city; and for other purposes. HB 510. By Mr. Sears of Atkinson: A bill to be entitled an Act to fix the date for the election of the Mayor and Alderman of the Town of Willacoochee; and for other purposes. HB 511. By Mr. Barrett of Banks: A bill to be entitled an Act to increase the compensation of the County Commissioners and Clerk of the Board in Banks county; and for other purposes. HB 512. By Mr. Watford of Long: A bill to be entitled an Act to provide for five road districts in Long county; to provide for five Commissioners of Roads and Revenues, the method of electing; and for other purposes. HB 526. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus by providing a salary of $100.00 per month to the mayor in addition to a salary as a member of the City Commission; and for other purposes. HB 532. By Mr. Mann of Henry: A bill to be entitled an Act to amend the charter of the City of Stockbridge by extending the corporate limits; and for. other purposes. HR 29. By Mr. Gowen of Glynn: A resolution resolving that the executive order of Governor Ellis Arnall pertaining to crab meat taken from the waters of this State for sale shall be one-eighth of one cent per pound on the edible meat of such crabs so taken be ratified and confirmed; and for other purposes. HR 46. By Mr. Ennis of Baldwin: A resolution vesting title to "The Jarratt Spring Lot" in the Board of Regents of the University System of Georgia, said lot being located in Milledgeville; and for other purposes. WEDNESDAY, FEBRUARY 21, 1945 561 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: HB 18. By Mr. Alexander of Chatham: A bill to reimburse T. W. Erickson for damages caused by a State Highway Patrol car. HB 234. By Messrs. Bloodworth, Weaver, Wilson of Bibb and others: A bill to be entitled an Act to rearrange the counties composing the 22nd, 26th, 35th and 36th Senatorial Districts of the State; and for other purposes. HB 252. By Messrs. Ray of Warren and Smith of Emanuel: A bill to be entitled an Act to provide where there are two or more militia districts in an incorporated town or city electors may vote in a militia district other than the one in which he resides; and for other purposes. HB 288. By Messrs. Alexander, McNall and Connerat of Chatham and Gilbert and Gowen of Glynn: A bill to be entitled an Act to repeal existing laws relating to pilotage and to provide for the creation of pilotage commissions in the several ports in this State; to provide for licensing and retirement of pilots; and for other purposes. HB 312. By Mr. Griswell of Gwinnett: A bill to be entitled an Act to provide a salary for the sheriff of Gwinnett county in addition to fees; and for other purposes. HB 314. By Mr. Looper of Dawson: A bill to be entitled an Act to provide a salary for the sheriff of Dawson county in addition to fees; and for other purposes. HB 316. By Mr. Ramey of Chattooga: A bill to be entitled an Act to provide that a second primary shall be held in Chattooga county where a candidate for any county office does not receive a majority of the votes cast; and for other purposes. 562 JOURNAL OF THE SENATE, HB 343. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, to authorize the City of Atlanta to incur bonded indebtedness for sch!Jol purposes; and for other purposes. HB 353. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and others: A bilf to be entitled an Act to amend Paragraph 5 of Code Section 40-208, to provide that the Secretary of State shall keep a book of commissions showing the dates when issued for all officers, civil and military; and for other purposes. HB 360. By Mr. MeNall of Chatham: A bill to be entitled an Act to repeal Code Section 45-503 and substitute a new section providing that each peddler of fresh water fish shall obtain a license .in each county where he sells fish; and for other purposes. HB 366. By Mr. McNall of Chatham:. A bill to be entitled an Act to amend the game and fish laws by providing that the State Game and Fish Commission shall employ and have control over all employees of the department, and fixing the salary of the director; and for other purposes. HB 407. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to increase the fees to Coroner Jurors in Muscogee county; and for other purposes. ~ HB 409. By Mr. Manous of Cherokee: A bill to be entitled an Act to provide that the Fiscal authority of Cherokee county shall pay the cost in misdemeanor cases to county officers; and for other purposes. HB 410. By Mr. Manous of Cherokee: A bill to be entitled an Act to provide a deposit of $10.00 as costs in all divorce suits filed in Cherokee county; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: WEDNESDAY, FEBRUARY 21, 1945 563 The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 187. By Messrs. Gowen and Gilbert of Glynn, Harrison of Wayne and others: A bill to be entitled an Act to amend the Constitution Article VI, Section XIII, by providing counties in the Brunswick Judicial Circuit shall pay a salary to the judge in addition to that paid by the State; and for other purposes. HB 269. By Messrs. Thompson and Hatchett of Meriwether: A bill to be entitled an Act to provide that the Clerk of the Superior Court of Meriwether county shall be paid a salary in addition to fees; and for other purposes. HB 271. By Dr. Moye of Brooks: A bill to be entitled an Act to pay the Sheriff of Brooks county a salary in addition to fees; and for other purposes. HB 276. By Mr. Sears of Atkinson: A bill to be entitled an Act to pay the Sheriff of Atkinson county a salary in addition to fees; and for other purposes. HB 286. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an Act to fix the salary of the Coroner of Cobb county; and for other purposes. HB 305. By Messrs. Underwood of Taylor and Kenimer of Harris: A bill to be entitled an Act to fix the time for holding the Superior Court in Taylor and Harris counties; and for other purposes. HB 339. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to fix the amount of fees to be collected and held by the Coroner of Fulton county and to provide for an office and clerical assistance; and for other purposes. HB 341. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to provide for the Civil Service System in Fulton County Probation Office; and for other purposes. HB 342. By Messrs. Etheridge and Kendrick of Fulton, Hubert and Broome of DeKalb and others : 564 JOURNAL OF THE SENATE, A bill to be entitled an Act to provide for the condemnation and sale of any vehicle used to transport lottery tickets; and for other purposes. HB 351. By Mr. Lewis of Hancock: A bill to be entitled an Act to provide for four terms each year of Hancock Superior Court; and for other purposes. HB 383. By Mr. Price of Clarke: A bill to be entitled an Act to amend Code Section 32-937 so as to provide veterans of World War 2 may attend the public schools of this State; and for other purposes. HB 397. By Mr. Ray of Warren: A bill to be entitled an Act to provide for compensation for a Deputy Clerk of the Superior Court of Warren county; and for other purposes. HB 408. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to increase fees of the Coroner of Muscogee county; and for other purposes. HB 431. By Messrs. Whaley of Telfair, Adams of Wheeler, Hall of Treutlen and others: A bill to be entitled an Act to fix the salary for the Court Reporter of the Oconee Judicial Circuit for reporting and transcribing criminal cases; and for other purposes. HB 438. By Mr. Dykes of Bleckley: A bill to be entitled an Act to increase compensation of Sheriffs in certain counties; and for other purposes. 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: HB 442. By Mr. Burch of Dodge: A bill to be entitled an Act to provide for the appointment of special deputy sheriff for Dodge county and to fix his compensation; and for other purposes. WEDNESDAY, FEBRUARY 21, 1945 565 HB 443. By Mrs. Mankin of Fulton, Messrs. Kendrick and Etheridge of Fulton: A bill to be entitled an Act to authorize the Board of Education of Fulton county to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters; and for other purposes. HB 509. By Mr. Rowland of Johnson: A bill to be entitled an Act to provide the Ordinary of Johnson county shall employ a Certified Public Accountant to audit the books of the Commissioners of Roads and Revenues as of February 28, 1945; and for other purposes. HR 30. By Messrs. Thrash of Coffee, Hatchett and Thompson of Meriwether and others: A resolution repealing a resolution adopted at the Extra-ordinary Session of 1944 to the effect that two members of the State Prison Board should not be employed by the Department of Corrections; and for other purposes. HR 58. By Messrs. Phillips of Columbia, Harrison of Jenkins, Gowen of Glynn and others: A resolution appointing a commission to form the Alton Cogdell memorial association, which shall provide ways and means of planning and erecting a suitable memorial to the late beloved Honorable Alton Cogdell. HR 59. By Messrs. Durden of Dougherty, Hand of Mitchell, Gowen of Glynn and others: A resolution authorizing the State Administration to cooperate fully with the Council of State Governments and authorize an appropriation to the Council of State Governments; and for other purposes. HB 313. By Mr. Williams of Jones: A bill to be entitled an Act to authorize and permit the Board of County Commissioners in all counties in the State of Georgia having a population of not less than 8,340 and not more than 8,340 to pay the sheriffs of said counties a salary in addition to the fees and compensations now paid to said sheriffs, not to exceed $150.00 per month; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has passed by the reqmsrte constitutional majority the following bills and resolutions of the Senate to wit: 566 JOURNAL OF THE SENATE, SB 93. By Senator Hawes of the 30th: A bill to be entitled an Act to provide for payment of salary of Deputy Clerk of Elbert Superior Court in an amount not to exceed $75.00 monthly; and for other purposes. SB 114. By Senator Norton of the 33rd: A bill to be entitled an Act to amend the charter of the City of Gainesville by providing for incorporation into said city the various suburbs contiguous to corporate limits ~f said city; and for other purposes. SB 173. By Senator Cloud of the 19th: A bill to be entitled an Act to amend the Act of 1939, relating to the Board of County Commissioners of Taliaferro county, by striking sections 3 and 4 of said Act and substituting in lieu thereof two new sections, etc.; and for other purposes. SB 158. By Senator Yawn of the 48th: A bill to be entitled an Act to authorize and direct the county authorities of the County of Dodge to pay J. C. Lewis, former sheriff, the sum of $1,775.80, from the county treasury, to compensate him for loss of turn key fees. SR 29. By Senator Deal of the 49th: A resolution expressing appreciation to the Governor, Members of Committee who prepared the new Constitution, and the Atlanta Constitution and Atlanta Journal for publicizing same. 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 bill of the House to wit: HB 35. By Messrs. Harris of Richmond, Gowen of Glynn, Connell of Lowndes and others: A bill to be entitled an Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; to provide the terms, duties, and compensation of incumbents; and for other purposes. WEDNESDAY, FEBRUARY 21, 1945 567 The speaker of the House has appointed on the part of the House as a committee of conference the following members of the House to wit: Messrs. Hicks of Floyd, Gowen of Glynn and Bloodworth of Bibb. 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 293. By Mr. Overby of Stewart: A bill to be entitled an Act to amend an Act approved August 20, 1927 (Georgia Laws 1927, p. 666) as amended by Act approved February 11, 1943 (Georgia Laws 1943, p. 1118) abolishing the office of County Treasurer of Stewart county and providing for the appointment of a depository of county funds, creating the office of disbursing clerk, etc., by increasing the salary of said clerk from $500.00 to $720.00 per annum; and for other purposes. The House has adopted the report of the Committee of Conference on the following bill of the House to wit: HB 39. By Messrs. Price of Clarke, Harris of Richmond and Moye of Randolph and others: A bill to be entitled an Act to amend an Act approved August 7, 1931, which provided for the expenditure of certain sums to assist in the education of orphans or soldiers, sailors, and marines whose fathers were killed in action in World War I by providing identical aid to orphans of veterans of World War II who were killed, or who have died subsequent to discharge; to fix the amol!nt of such aid; and for other purposes. The following bills and resolutions of the House were read the first time and referred to the committees: HB 312. By Mr. Griswell of Gwinnett: A bill to provide a salary for the sheriff of Gwinnett county in addition to fees ; and for other purposes. Referred to Committee on Counties and County Matters. HB 314. By Mr. Looper of Dawson: 568 JOURNAL OF THE SENATE, A bill to provide a salary for the sheriff of Dawson county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 316. By Mr. Ramey of Chattooga: A bill to provide that a second primary shall be held in Chattooga county where a candidate for any county office does not receive a majority of the votes cast; and for other purposes. Referred to Committee on Counties and County Matters. HB 353. By Mr. Harris of Richmond and others: A bill to amend Paragraph 5 of Code Section 40-208, to provide that the Secretary of State shall keep a book of commissions showing the dates when issued for all officers, civil and military; and for other purposes. Referred to Committee on State of Republic. HB 366. By Mr. McNall of Chatham: A bill to amend the game and fish laws by providing that the State Game and Fish Commission shall employ and have control over all employees of the department, and fixing the salary of the director; and for other purposes. Referred to Committee on Game and Fish. HB 360. By Mr. McNall of Chatham: A bill to repeal Code Section 45-503 and substitute a new section providing that each peddler of fresh water fish shall obtain a license in each county where he sells fish; and for other purposes. Referred to Committee on Game and Fish. HB 343. By Mr. Etheridge of Fulton and others: A bill to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, to authorize the City of Atlanta to incur bonded indebtedness for school purposes; and for other purposes. Referred to Committee on Amendments to Constitution. HB 512. By Mr. Watford of Long: A bill to be entitled an Act to provide for five road districts in Long county; to provide for five commissioners of Roads and Revenues, the method of electing; and for other purposes. WEDNESDAY, FEBRUARY 21, 1945 569 Referred to Committee on Counties and County Matters. HB 511. By Mr. Barrett of Banks: A bill to be entitled an Act to increase the compensation of the County Commissioners and Clerk of the Board in Banks county; and for other purposes. Referred to Committee on Counties and County Matters. HB 526. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus by providing a salary of $100.00 per month to the Mayor in addition to a salary as a member of the City Commission; and for other purposes. Referred to Committee on Municipal Government. HB 532. By Mr. Mann of Henry: A bill to be entitled an Act to amend the charter of the City of Stock:bridge by extending the corporate limits ; and for other purposes. Referred to Committee on Municipal Government. HB 510. By Mr. Sears of Atkinson: A bill to be entitled an Act to fix the date for the election of the Mayor and Aldermen of the Town of Willacoochee; and for other purposes. Referred to Committee on Municipal Government. HB 409. By Mr. Manous of Cherokee: A bill to provide that the Fiscal Authority of Cherokee county shall pay the cost in misdemeanor cases to county officers; and for other purposes. Referred to Committee on Counties and County Matters. HB 407. By Mr. Holleman of Muscogee and others: A bill to increase the fees to Coroner Jurors in M uscogee county; and for other purposes. Referred to Committee on Counties and County Matters. HB 494. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an Act to amend the charter of the City of Columbus changing the date for holding primary elections for nominating members of the commission of the City of Columbus; and for other purposes. Referred to Committee on Municipal Government. 570 JOURNAL OF THE SENATE, HB 499. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses of the city; and for other purposes. Referred to Committee on Municipal Government. HB 498. By Mr. Watford of Long: A bill to be entitled an Act to amend the charter of the City of Ludowici by extending the city limits; and for other purposes. Referred to Committee on Municipal Government. HB 252. By Mr. Ray of Warren and others: A bill to provide where there are two or more militia districts in an incorporated town or city electors may vote in a militia district other than the one in which he resides; and for other purposes. Referred to Committee on Municipal Government. HB 288. By Mr. Alexander of Chatham and others: A bill to repeal existing laws relating to pilotage commissions in the several ports in this State; to provide for licensing and retirement of pilots; and for other purposes. Referred to Committee on State of Republic. HB 234. By Mr. Bloodworth of Bibb and others: A bill to rearrange the counties composing the 22nd, 26th, 35th and 36th Senatorial Districts of the State; and for other purposes. Referred to Committee on Congressional and Legislative Re-apportionment. HB 269. By Mr. Thompson of Meriwether: A bill to provide that the Clerk of the Superior Court of Meriwether county shall be paid a salary in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 18. By Mr. Alexander of Chatham: A bill to reimburse T. W. Brickson for damages caused in a collision with a State Highway Patrol car; and for other purposes. Referred to Committee on Appropriations. WEDNESDAY, FEBRUARY 21, 1945 571 HR 29. By Mr. Gowen of Glynn and others: A resolution ratifying and confirming the order of Governor Arnall pertaining to the collection of a tax of one-eighth of one cent per pound on edible crab meat; and for other purposes. Referred to Committee on Game and Fish. HR 46. By Mr. Ennis of Baldwin: A resolution vesting title to "The Jarratt Spring Lot" in the Board of Regents of the University System of Georgia, said lot being located in Milledgeville; and for other purposes. Referred to Committee on University System of Georgia. HB 410. By Mr. Manous of Cherokee: A bill to provide a deposit of $10.00 in all divorce suits filed in Cherokee county; and for other purposes. Referred to Committee on General Judiciary No. 1. HB 313. By Mr. Williams of Jones: A bill to be entitled an Act to provide a salary for the sheriff of Jones county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 351. By Mr. Lewis of Hancock: A bill to be entitled an Act to provide for four terms each year of Hancock Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 187. By Mr. Hinson of Jeff Davis and others: A bill to be entitled an Act to amend the Constitution, Article 6, Section 8, by providing counties in the Brunswick Judicial Circuit shall pay a salary to the judge in addition to that paid by the State; and for other purposes. Referred to Committee on Amendments to Constitution. HB 431. By Messrs. Whaley of Telfair, Adams of Wheeler, Morrison of Montgomery, Hall of Treutlen, DuPree of Pulaski, Dykes of Bleckley and Burch of Dodge: A bill to be entitled an Act to fix the salary for the Court Reporter of 572 JOURNAL OF THE SENATE, the Oconee Judicial Circuit for reporting and transcribing criminal cases; and for other purposes. Referred to Committee on General Judiciary No.2. HB 342. By Mr. Etheridge of Fulton and others: A bill to provide for the condemnation and sale of any vehicle used to transport lottery tickets; and for other purposes. Referred to Committee on State of Republic. HB 305. By Mr. Underwood of Taylor and others: A bill to fix the time for holding the Superior Court in Taylor and Harris counties; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 383. By Mr. Price of Clarke: A bill to be entitled an Act to amend Code Section 32-937 so as to provide veterans of World War 2 may attend the public schools of this State; and for other purposes. Referred to Committee on Education. HB 286. By Mr. Dorsey of Cobb and others: A bill to be entitled an Act to fix the salary of the Coroner of Cobb County; and for other purposes. Referred to Committee on General Judiciary No. 1. HR 30. By Mr. Thrash of Coffee and others: A resolution repealing a resolution adopted at the Extra-Ordinary Session of 1944 to the effect that two members of the State Prison Board should not be employed by the Department of Corrections; and for other purposes. Referred to Committee on Penitentiary. HR 58. By Mr. Phillips of Columbia and others: A resolution creating the Alton Cogdell Memorial Association Commission; and for other purposes. Referred to Committee on State of Republic. HR 59. By Mr. Durden of Dougherty and others: WEDNESDAY, FEBRUARY 21, 1945 573 A resolution authorizing the State Administration to cooperate fully with the Council of State Governments and authorize an appropnatton to the Council of State Governments; and for other purposes. Referred to Committee on Finance. HB 509. By Mr. Rowland of Johnson: A bill to be entitled an Act to provide the Ordinary of Johnson county shall employ a Certified Public Accountant to audit the books of the Commissioners of Roads and Revenues as of February 28, 1945; and for other purposes. Referred to Committee on Counties and County Matters. HB 443. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an Act to authorize the Board of Education of Fulton county to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters; and for other purposes. Referred to Committee on Counties and County Matters. HB 442. By Mr. Burch of Dodge: A bill to be entitled an Act to provide for the appointment of special deputy sheriff for Dodge county and to fix his compensation; and for other purposes. Referred to Committee on Counties and County Matters. HB 438. By Mr. Dykes of Bleckley: A bill to be entitled an Act to authorize the next grand jury to increase the pay of the sheriff of Bleckley county by paying a salary of $100.00 a month; and for other purposes. Referred to Committee on Counties and County Matters. HB197. By Mr. Ray of Warren: A bill to provide for compensation for a deputy clerk of the Superior Court of Warren county; and for other purposes. Referred to Committee on Counties and County Matters. HB 341. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to provide for the Civil Service System in the Ifulton County Probation Office; and for other purposes. 574 JOURNAL OF THE SENATE, Referred to Committee on Counties and County Matters. HB 339. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to fix the amount of fees to be collected and held by the Coroner of Fulton county and to provide for an office and clerical assistant; and for other purposes. Referred to Committee on Counties and County Matters. HB 276. By Mr. Dears of Atkinson: A bill to be entitled an Act to pay the sheriff of Atkinson county a salary in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 271. By Dr. Moye of Brooks: A bill to be entitled an Act to pay the sheriff of Brooks county a salary in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters.' HB 408. -By Mr. Holleman of Muscogee and others: A hill to he entitled an Act to increase fees of the Coroner of Muscogee county; and for other purposes. Referred to Committee on Counties and County Matters. Mr. Mavity of the 44th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. President: Your Committee on Industrial Relations have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same hack to the Senate with the following recommendation: SB 212. Do Pass Respectfully submitted, Mavity of 44th district, Chairman. Mr. Caldwell of the 37th District, Chairman of the Committee on Education, submitted the following report: WEDNESDAY, FEBRUARY 21, 1945 575 Mr. President: Your Committee on Education have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 215. Do Pass Respectfully submitted, Caldwell of 37th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: SB 214. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th 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 466. Do Pass HB 449. Do Pass HB 452. Do Pass HB 476. Do Pass HB 454. Do Pass HB 501. Do Pass HB 457. Do Pass 576 JOURNAL OF THE SENATE, HB 463. Do Pass HB 456. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th District. Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HB 459. Do Pass by substitute Respectfully submitted, Turner of 34th district, Chairman. Mr. Daves of the 14th 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 recommendation: HB 169. Do Pass Respectfully submitted, Daves of 14th district, Chairman. Mr. Drake of the 8th District, Chairman of the Committee on Highways and Public Roads, has submitted the following report: Mr. President: Your Committee on Highways and Public Roads have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HB 282. Do Pass WEDNESDAY, FEBRUARY 21, 1945 577 Respectfully submitted, Drake of 8th district, Chairman. The following bills of the Senate and House were reported favorably and read the second time : SB 212. By Senator Grayson of the 1st, Moate of the 20th and Mavity of the 44th: A bill to be entitled an Act to amend the Act establishing the Department of Labor by transferring to the Commissioner of Labor the duty of making rules for the prevention of accidents and occupational diseases in places of employment in this State; and for other purposes. SB 215. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to establish a Public School District for Sylvania; to define the boundaries of same; to authorize the issuance of bonds for improvements; and for other purposes. SB 214. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to amend the Charter of the City of Sylvania to create a Public School System and provide for a Board of Trustees and authorize the levy of a tax; and for. other purposes. SB 216. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a P'arks and Recreation Commission in Fulton county; to prescribe the powers and duties of the Commission; and for other purposes. SB 170. By Senator Gould of the 4th: A bill to be entitled an Act to provide trial judges shall fix the sentence in criminal cases instead of the jury; and for other purposes. HB 469. By Mr. Willoughby of Clinch: A bill to be entitled an Act to fix compensation for members of the Board of Commissioners of Roads and Revenues for Clinch county; and for other purposes. HB 475. By Mr. Giddens of Calhoun: A bill to be entitled an Act to fix the salary and expenses of the Commissioners of Roads and Revenues of Calhoun county; and for other purposes. 578 JOURNAL OF THE SENATE, HB 467. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to authorize the Commissioners of Carroll county to furnish gas, oil and repairs for the car used by the sheriff of Carroll county and charge same to court expense; and for other purposes. HB 346. By Mr. Garmage of Sumter and others: A bill to provide all candidates for the General Assembly in Sumter county shall specify the incumbent he desires to oppose; and for other purposes. HB 503. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the Judge, Clerk, Sheriff, Deputy Clerk and Deputy Sheriff of the municipal court of the City of Augusta; and for other purposes. HB 506. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to change from a fee basis to a salary basis all officers of Richmond county who have previously received fees, and to fix the salaries; and for other purposes. HB 485. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioner of Roads and Revenues of Cobb county; and for other purposes. HB 487. By Mr. Williams of Toombs: A bill to be entitled an Act to repeal an Act approved March 18, 1937 (Georgia Laws 1937, pp. 1193-1195) which amended the Act establishing the City Court of Lyons; and for other purposes. HB 482. By Mr. Adamson of Clayton: A bill to be entitled an Act to provide for assistants and clerks for the Tax Commissioner of Clayton county and fix their compensation; and for other purposes. HB 483. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an Act to fix the salaries of the Board of Commissioners of Roads and Revenues of Spalding county; and for other purposes. HB 244. By Mr. Hefner of Pickens: A bill to authorize and direct proper officials in all counties in the State of WEDNESDAY, FEBRUARY 21, 1945 579 Georgia having the population of not less than 9,130 nor more than 9,140 to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; and for other purposes. HB 194. By Mr. Oden of Pierce: A bill to pay the sheriff of Pierce county a salary of $100.00 per month in addition to fees; and for other purposes. HB 337. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to establish a Budget System for "the County Board of Education of Richmond county; and for other purposes. HB 336. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide a system of Pensions for employees of the Board of Health of Richmond county; and for other purposes. HB 435. By Mr. Porter of Gordon: A bill to fix the salary of the Tax Commissioner of Gordon county; and for other purposes. HB 145. By Mr. Arnold of Spalding and others: A bill to be entitled an Act to amend Section 14-209 of the Code so as to enlarge the definition of bearer paper by placing responsibility on the drawer for the acts of his agent who names a fictitious payees; and for other purposes. HB 143. By Mr. Arnold of Spalding and others: A bill to be entitled an Act to repeal Section 13-401A of the Code (Georgia Laws 1943, page 248) which is Section 13-411 of the supplement to the Code; and for other purposes. HB 150. By Mr. Etheridge of Fulton: A bill to amend Code Section 56-208 relating to Boards of Directors of Insurance Companies by striking the words "nor more than fifteen" and substituting the words "and as many companies"; and for other purposes. HB 141. By Mr. Arnold of Spalding and others: A bill to amend Section 13-2015 of the Code relating to the limit of loans on real estate by banks; and for other purposes. HB 466. By Messrs. Brock and Alexander of Carroll: 580 JOURNAL OF THE SENATE, A bill to be entitled an Act to amend the charter of the City of Carrollton to provide the method of taxing property not returned; to provide closing date for registration of voters; to provide for the election of a mayor and city councilmen; and for other purposes. HB 463. By Mr. Almand of Walton: A bill to be entitled an Act to amend the charter of the City of Monroe to authorize the City to establish and maintain a municipal freezer locker plant; and for other purposes. HB 452. By Mr. Gowen of Glynn and others: A bill to amend the charter of the City of Brunswick to ratify the closing of certain portions of Amherst and Wolf Streets and confer additional powers upon the City Commissioner; and for other purposes. HB 454. By Mr. Holley of Richmond: A bill to provide minimum salaries or wages for officers and men m the Fire Department of the City of Augusta; and for other purposes. HB 456. By Mr. Broome of DeKalb and others: A bill to amend the charter of the City of Atlanta, to extend the city limits in DeKalb county; and for other purposes. HB 457. By Mr. Broome of DeKalb and others: A bill to amend the charter of the City of Decatur by providing for the assessment of Sanitary Taxes and the method of collecting; and for other purposes. HB 449. By Mr. Holleman of Muscogee and others: A bill to authorize the Board of Trustees of the public schools of Columbus to sell any property, real or personal, under their control, and to invest the proceeds of such sales; and for other purposes. HB 169. By Mr. Swint of Spalding: A bill to regulate enrichment of Flour, Bread, Degerminated Corn Meal and/or Grits, prescribe penalty for violation thereof; and for other purposes. HB 282. By Mr. Cates of Burke and others: A bill to provide a different method for the distribution of gasoline tax revenues to the various counties; and for other purposes. WEDNESDAY, FEBRUARY 21, 1945 581 HB 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes. HB 501. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to change the name of the Board of Trustees of Public Schools of Columbus to the Board of Education and to provide for a Superintendent of Education; and provide the Board of Education may establish Junior Colleges; and for other purposes. HB 142. By Mr. Arnold of Spalding and others: A bill to repeal Code Section 13-2005, 13-2006 and 13-2008 as amended; and for other purposes. HB 144. By Mr. Arnold of Spalding and others: A bill to revise the scale of fees paid by banks for examination by Bank Examiners; and for other purposes. The following resolution was read and adopted: SR 33. By Smith of the 24th: A resolution by the Senate, the House concurring, that the State Revenue Commissioner be authorized and directed to sell contraband articles which law requires him to seize, etc.; and for other purposes. The following bills of the House were read the third time and put upon their passage: HB 217. By Mr. Bloodworth of Houston: A bill to change the time for the holding 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 165. By Mr. Oakley of Barrow: 582 JOURNAL OF THE SENATE, A bill to provide for the time of holding four terms of Barrow Superior Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. In the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 135. By Mr. Dorsey of Cobb: A bill to require the Tax Receiver of Cobb county to list taxpayers in alphabetical order regardless of Militia 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 223. By Mr. Ray of Warren: A bill to change the time for holding Warren 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 130. By Mr. Whaley of Telfair: A bill to provide a salary for the sheriff of Telfair county m addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 459. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus by extending the city limits; and for other purposes. Senator Smith of the 24th offered the following substitute: WEDNESDAY, FEBRUARY 21, 1945 583 A BILL TO BE ENTITLED: An Act to amend the charter of the City of Columbus in the County of M uscogee; to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast and south thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in such territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city, enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing the voting qualifications of the inhabitants of said territory in general, special and primary elections held in said city next before the date of the actual inclusion of said territory within the corporate limits of the city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of ColuO:.bus in the County of M uscogee be, and it is, hereby amended as follows: SECTION 1. That the present corporate limits of the City of Columbus, hereinafter designated as "city," be, and they are, hereby extended so as to include within said corporate limits that certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast and south of such present corporate limits as is comprised within the following boundary li1_1es, to wit: Beginning at a point on the present city limit line located at the southeast corner of Second Avenue and Thirty-eighth Street, which is the northwest corner of Block 15 of the North Highlands Land Improvement and Manufacturing Company Survey, and running thence north, along the east side of Second Avenue, to the north side of Fortieth Street, which is the southeast corner of Block 17 of said North Highland Land Improvement and Manufacturing Company Survey; thence west to the west side of Second Avenue, on the north side of Fortieth Street, to the southeast corner of Block 7 of said North Highlands Land Improvement and Manufacturing Comp;my Survey; thence north, along the west side of'Second Avenue, to the southeast corner of Lot 13 in Block 7 of said North Highlands Land Improvement and Manufacturing Company Survey; thence west, along the south side of said Lot 13 in Block 7, to an alley; thence north, along the east side of said alley, to the south 584 JOURNAL OF THE SENATE, side of Forty-second Street; thence west, along the south side of Forty-second Street, to a point, which point is due south of the southwest corner of Lot 1 of Block 18 of said North Highlands Land Improvement and Manufacturing Company Survey; thence due north, along the west side of said Lot 1 in Block 18, to the northwest corner thereof; thence northeasterly, along the west side of Block 10 of Sharp-Horne, North Highlands Park Survey, to Forty-third Street; thence north- easterly, across Forty-third Street and northeasterly along the west line of Lots 5 and 6 in Block 5 in said Sharp-Horne Survey, to Forty-fourth Street; thence west, along the south side of Forty-fourth Street, to a point south of the southeast corner of Lot 1 in Block 1 of the said Sharp-Horne Survey; thence north, along said line, across Forty-fourth Street to the southeast corner of Lot 1 in Block 1 of the SharpHorne Survey; thence west, along the south line of said Lot 1 in Block 1 of the said Sharp-Horne Survey, to the southwest corner thereof; thence north, along the west or rear line of Block 1 of the said Sharp-Horne Survey, to the northwest corner thereof, which line is the south line of a SO-foot street known as Forty-fifth Street; thence north 50 feet; thence east on a line 50 feet north of the south line of 45th Street, to a point 1,150 feet east of the center line of Seventeenth Avenue extended, which point is 50 feet north of the south line of the Yarbrough Road (a prolonga- tion of Forty-fifth Street) and immediately northwest of the east intersection of the south line of the Yarbrough Road and the east line of the Woodruff Road; thence southeasterly in a straight line, to the point where lots 52, 53, 48 and 49 in the Eighth District of M uscogee county corner; thence east, along the line between said lots 48 and 49, for a distance of 2,230 feet, to a point; thence south 2,230 feet to a point; thence west 1,050 feet, more or less, to a point, which point is 1,200 feet east of the center line of Hilton Avenue; thence south to the south line of Lot 50 in said Eighth District, which point is also 1,200 feet east of the center line of Hilton Avenue; thence southeasterly, in a straight line, to an iron on the south side of the Macon Road, which is the northermost corner of the Briarwood Subdivision; thence south forty-nine degrees, thirty minutes east, 700 feet more or less, to the east line of Lot 93 of the Coweta Reserve; thence south along the continuation of the lot line aforesaid, to a point where the east line of Lot 89 of the Coweta Reserve intersects the north line of Andrews Road; thence along the north line of Andrews Road in a southwesterly direction, following the general curve of the north line of Andrews Road, to where same intersects the south side of the right-of-way of the Seaboard Airline Railroad; thence in a southeasterly direction along the general curve of the south side of the Seaboard Airline Railroad right-of-way, to a point where said south side of said Seaboard Airline Railroad right-of-way meets the mean high water mark line on the east bank of Bull Creek; thence southerly with the meanderings of said creek and along the mean high water mark line on the east bank of Bull Creek, to the south side of the Cusseta Road Highway Bridge, said point being in Lot 102 of the Coweta Reserve; thence westerly by south to a point where the east mean highwater mark line of Weracoba Creek meets the north side of "Super Highway" to Fort Benning; thence with the meanderings of said Weracoba Creek and along the mean high water mark line on the south bank thereof to its meeting point with the north mean high water mark line on the north bank of Bull Creek; thence WEDNESDAY, FEBRUARY 21, 1945 585 directly across Bull Creek to the mean high water mark line on the south Dank of Bull Creek; thence with the meanderings of said Bull Creek and along the mean high water mark line on the south bank of Bull Creek to the Chattahoochee River; thence directly across the Chattahoochee River to the mean high water mark line on the west bank thereof; thence northwesterly and westerly, along the mean high water mark line on the west (or south) bank of the Chattahoochee River, to a point where it meets a line extended south from the east line of Tenth Avenue, which point is the present city limit line corner; thence, starting north and following the present city limit line in its various directions, to the point of beginning at the southwest corner of Second Avenue and Thirty-eighth Street. SECTION 2. That the inclusion within the corporate limits of said city of the territory above described shall not become effective until referendum elections held in said city and in said territory, in accordance with the provisions hereinafter set forth, have resulted in a vote favoring such annexation. SECTION 3. That the Commission of the City of Columbus, at a regular or special meeting, shall, by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon a day named in said resolution, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said Commission shall be held under the same rules and regulations governing general and special elections, and at the same place, as elections for members of said Commission are held. SECTION 4. That the Ordinary of Muscogee county shall submit to the qualified voters residing within the territory above described, by giving the notice provided for in Section 9 hereof, the question of the inclusion of said territory within the corporate limits of said territory within the corporate limits of said city by ordering a referendum election to be held on the same day as the city election above provided for. The Ordinary shall provide two polling places for voters in said territory, so located in said territory as the Ordinary may deem convenient for the voters therein. In locating said polling places the Ordinary shall designate a boundary line, and voters residing north of said line shall vote at the northernmost polling place, and voters residing south of said line shall vote at the southernmost polling place. He shall appoint three managers for each ballot box at said polling places, the managers to be sworn by the Ordinary or a Notary P'ublic to manage said election. Voting booths shall be used at said polling places and the laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this act, shall apply to said election. 586 JOURNAL OF THE SENATE, SECTION 5. At said election in said territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory for at least three months next preceding the day of said election shall be permitted to vote. SECTION 6. That lists of the qualified voters in said territory proposed to be annexed shall be prepared, purged and supplemented in accordance with the provisions relating to general and special elections, as contained in Code of Georgia of 1933, Chapter 34-4, and other applicable statutes of Georgia; provided, that the preparation, purging and supplementing of said voters' lists shall be limited to voters residing in said territory proposed to be annexed. No person shall be a qualified voter in said election held in the territory proposed to be annexed whose name does not appear upon said list of registered voters in this section provided for. SECTION 7. In cases of challenge of any voter, or upon their own motion, the said managers or either of them may require any voter to swear that he has resided within the territory where he offers to vote continuously for three months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. SECTION 8. The managers of said election in said territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election, and shall deliver to the Ordinary the sealed ballot boxes, ballots, tally sheets and lists of voters. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the Ordinary the result of the election. SECTION 9. The two elections herein provided for shall be held within not less than ninety (90) days and not more than one hundred and fifty (150) days from the date of the approval of this Act by the Governor. The polls within the city and in the territory proposed to be annexed shall open at six (6) o'clock A. M. and close at seven ( 7) P. M., Central War Time. After the passage of this Act and its approval by the Governor, and prior to the date of said elections, the City Clerk of said city shall cause the entire Act to be published one time in the newspaper in said city in which advertisements of sheriff's sales in Muscogee county are published. Notice of said election shall be published in said newspaper once. a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the Ordinary and the City Clerk of said city, and shall set forth the date of the elections, the hours for voting and the location of the polling places. WEDNESDAY, FEBRUARY 21, 1945 587 A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of this Act shall be kept on file by the Ordinary and the City Clerk prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times. SECTION 10. The general form of ballot and the method of voting to be used in. said two elections shall comply as nearly as practicable with the form and method set forth in the Act of the General Assembly of Georgia approved March 20, 1943, contained in Georgia Laws 1943, pages 290 and 291. The ballot shall show the purpose of the elections by general reference to this Act, and shall have plainly printed thereon the words "For Annexation" and "Against Annexation." Voters favoring annexation shall strike from the ballot the words "Against Annexation," and voters opposing annexation shall strike from the ballot the words "For Annexation." SECTION 11. The managers of the election held in the City of Columbus shall at noon of the day following said election, or as soon thereafter as practicable, certify to the Commission of the City of Columbus, at a regular or special meeting, the result of said election in the city; and the Mayor and Ordinary shall consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said election (adding all votes cast inside and all votes cast outside the city together) favor annexation, then the Ordinary and Mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Columbus shall be extended on December 31, 1948, so as to include the territory within the boundaries hereinbefore described, and said territory shall on December 31, 1948, become a part of said City of Columbus and subject to all the laws and ordinances governing the same. The consolidation of the votes in said election and the proclamation of the Mayor shall be entered on the Minutes of the Commission of said city and on the Minutes of the Court of Ordinary of Muscogee county. SECTION 12. That at the primary election and at the general election to be held in said city, for the nomination and election of members of the Commission of the City of Columbus, as well as any special election, held next before the date upon which said territory proposed to be annexed becomes part of the City of Columbus, those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general or special elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. 588 JOURNAL OF THE SENATE, SECTION 13. That the entire expense of the two elections herein provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Columbus. The Ordinary shall certify to the Treasurer of the city the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election and to the board of county registrars in purging and compiling the list of qualified voters in said territory, together with other reasonable expenses usually incident to elections. SECTION 14. That should any person vote in said election who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension}, who has not continuously resided in the territory where he votes for at least three months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof shall be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. SECTION 15. That if the combined vote of the two elections provided for herein is in favor of said annexation, then between the date of the proclamation of the result of said elections, and the date when said territory actually becomes part of said city, the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances. make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city. SECTION 16. That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. As a continuing order of business HR 11 was taken up for further consideration. WEDNESDAY. FEBRUARY 21. 1945 589 ARTICLE IX. HOMESTEADS AND EXEMPTIONS. SECTION I. Paragraph I. AMOUNT OF HOMESTEAD AND EXEMPTIONS. There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. The paragraph was adopted. Paragraph II. HOMESTEAD AND EXEMPTION LAWS CONTINUED. The laws now of force with respect to homestead and exemptions shall remain in full force until changed by law. The paragraph was adopted. Section I of Article IX was adopted. ARTICLE X. MILITIA. SECTION I. P'aragraph I. ORGANIZATION OF MILITIA. A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist. The paragraph was adopted. Paragraph II. VOLUNTEERS. The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same. The paragraph was adopted. 590 JOURNAL OF THE SENATE, Paragraph III. PAY OF MILITIA AND VOLUNTEERS. The Officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State. The paragraph was adopted. Section I was adopted. Article X was adopted. ARTICLE XI. COUNTIES AND MUNICIPAL CORPORATIONS. SECTION I. Paragraph I. COUNTIES A CORPORATE BODY; BOUNDARIES. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided. The paragraph was adopted. Paragraph II. NUMBER LIMITED. There shall not be more than one hundred and fifty-nine counties in this State. The paragraph was adopted. Paragraph III. NEW COUNTIES PERMITTED WHEN. No new county shall be created except by the consolidation or merger of existing counties. The paragraph was adopted. Paragraph IV. CONSOLIDATION OF COUNTIES: METHOD. The General Assembly shall have power, with the concurrence of two-thirds of the qualified voters of each of the counties to be affected who participate in elections held for that purpose, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties. The paragraph was adopted. Paragraph V. DISSOLUTION OF COUNTIES; METHOD. Any county may be dissolved and merged with a contiguous county or counties WEDNESDAY, FEBRUARY 21, 1945 591 by two-thirds of the qualified voters of each of the counties affected who participate in elections held for that purpose. The paragraph was adopted. Paragraph VI: COUNTY GOVERNMENTS UNIFORM; EXCEPTIONS. Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector in the office of Tax Commissioner, and may fix his compensation, without respect to uniformity. The paragraph was adopted. Paragraph VII. CONSOLIDATION OF GOVERNMENTS; SUBMISSION TO VOTERS. The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. The paragraph was adopted. Paragraph VIII. COUNTY LINES. County lines shall not be changed, unless under the operation of a general law for that purpose. The paragraph was adopted. Paragraph IX. COUNTY SITES CHANGED; METHOD. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly. The paragraph was adopted. Section I of Article XI was adopted. SECTION II. Paragraph I. COUNTY OFFICERS; ELECTION; TERM; REMOVAL; ELIGIBILITY. 592 JOURNAL OF THE SENATE, The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter. The paragraph was adopted. Paragraph II. COMPENSATION OF COUNTY OFFICERS. County officers may be on a fee basis, salary basis, or fee basis supplemented by a salary, in such manner as may be directed by law. Senator Freeman of the 22nd offered the following amendment: Amend HR 11, Article XI, Section II, P'aragraph II by striking same m its entirety. On the adoption of the amendment Senator Harrell of the 12th moved the ayes and nays. The motion prevailed and the vote was as follows : Those voting in the affirmative were Senators: Baggett Bennett Caldwell Freeman Gillis Greene Harrell of 12th Hill Millican Moate Moore Nix Smith Turner of 34th Wellborn Yawn Those voting in the negative were Senators: Bentley Brown Causey Cloud Cook Daves Deal Drake Drinkard Edenfield Edwards Gould Harrell of 7th Holsenbeck McGinty Minchew Peebles Rainey Sabados Shedd Slaughter Stone Turner of 35th Walker Wall Welsch Not voting were Senators Battle of the 13th, Chastain of the 41st, Grayson of the 1st, Hawes of the 30th, Hodges of the 26th, Mavity of the 44th, Norton of the 33rd and Riley of the 23rd. WEDNESDAY, FEBRUARY 21, 1945 593 By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 16, nays 26 and the amendment was lost. Senator Harrell of the 12th asked unanimous consent that the Senate reconsider its action in adopting Paragraph II, Section II, Article II for the purposes of offering an amendment thereto. The motion prevailed and Senator Edwards of the 28th offered the following amendment: Amend HR 11, Article XI, Paragraph II, Section II, by striking said paragraph in its entirety and substituting in lieu thereof the following paragraph: "Paragraph II. Compensation of county officers; changed how. Upon the recommendation of two successive Grand Juries the fiscal authorities of the county may place county officers on a fee basis, salary basis, or fee basis supplemented by salary, and may change such basis from time to time upon recommendation of two successive Grand Juries." On the adoption of the amendment Senator Harrell of the 12th moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Edwards Harrell of 12th McGinty Shedd Slaughter Smith Those voting in the negative were Senators: Bennett Brown Causey Cloud Cook Daves Deal Drake Drinkard Edenfield Gillis Gould Greene Harrell of 7th Hill Hodges Holsenbeck Millican Minchew Moate Moore Nix Peebles Rainey Riley Sabados Stone Turner of 34th Turner of 35th Walker Wall Welsch Yawn Not voting were Senators Baggett of the 51st, Battle of the 13th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Chastain of the 41st, Freeman of tht> 22nd, Grayson of the 1st, Hawes of the 30th, Mavity of the 44th, Norton of the 33rd, and Wellborn of the 40th. 594 JOURNAL OF THE SENATE, By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendmentthe ayes were 6, nays 33, and the amendment was lost. Senator Welsch of the 39th offered the following amendment: Amend HR 11, Article XI, Section II, Paragraph II by adding at the end thereof the following language: "Provided, however, upon the application of ten per cent of the qualified voters of the local county to the Ordinary, requesting an election to be (called within sixty days) upon the questions herein and the amount thereof, it shall be the duty of the Ordinary to call a county-wide election upon said questions and amount, and, if majority of qualified voters voting in said election, determine the questions and amounts, then the General Assembly shall not change the result of said election, except by means of a referendum. Senator Millican of the 52nd offered the following amendment to the amendment offered by Senator Welsch of the 39th: Amend Senator Welsch's amendment by striking in line seven (7) the wl"rds "called within sixty days" and insert in lieu thereof, "held at the time of the next regular election in said county". On the adoption of the amendment offered by Senator Millican of the 52nd to the amendment offered by Senator Welsch of the 39th, Senator Harrell of the 12th moved the ayes ~nd nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Bennett Brown Harrell of 12th Hill Hodges Holsenbeck McGinty Moore Nix Rainey Riley Sabados Slaughter Smith Turner of 34th Welsch Wellborn Those voting in the negative were Senators: Causey Cloud Cook Daves Deal Drake Drinkard Edwards Gillis Gould Grayson Greene Harrell of 7th Millican Minchew Moate Peebles Shedd Stone Turner of 35th Walker Wall WEDNESDAY, FEBRUARY 21, 1945 595 Not voting were Senators Baggett of the 51st, Battle of the 13th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Chastain of the 41st, Edenfield of the 2nd, Freeman of the 22nd, Hawes of the 30th, Mavity of the 44th, Norton of the 33rd and Yawn of the 48th. On the adoption of the amendment as amended, the ayes were 17, nays 22, and the amendment was lost. Section II of Article XI was adopted. Article XI was adopted. The president presented to the Senate Judge Tribble of Monroe County. ARTICLE XII. THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE. SECTION I. Paragraph I. SUPREME LAW. The laws of general operation in this State are, first; As the Supreme Law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States. The paragraph was adopted. Paragraph II. SECOND IN AUTHORITY. Second. As next m authority thereto: This Constitution. The paragraph was adopted. Paragraph III. THIRD IN AUTHORITY. Third. In subordination to the foregoing: All laws now of force in this State, not inconsistent, with this Constitution shall remain of force until the same are modified, or repealed by the General Assembly. The paragraph was adopted. Paragraph IV. LOCAL AND PRIVATE ACTS. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme Law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute Law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms. The paragraph was adopted. 596 JOURNAL OF THE SENATE, Paragraph V. PROCEEDINGS OF COURTS CONFIRMED. All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in conformity with the law of force when they were made. The paragraph was adopted. Paragraph VI. EXISTING OFFICERS. The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution. The paragraph was adopted. Section I of Article XII was adopted. Article XII was adopted. ARTICLE XIII. AMENDMENTS TO THE CONSTITUTION. SECTION I. Paragraph I. PROPOSED BY GENERAL ASSEMBLY; SUBMISSION TO PEOPLE. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the ayes and nays taken thereon. And the General Assembly shall cause such amendment or amendments to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen; and if such proposed amendment directly affects only one or more political subdivisions of the State, then it shall also be advertised in the area to be directly affected thereby; and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment or amendments shall become a part of this Constitution; provided that if the proposed amendment is not one that directly affects the whole state, but only one or more subdivisions thereof, said amendment shall not become a part of this Consti- WEDNESDAY, FEBRUARY 21, 1945 597 tution unless it receive both a majority of the electors qualified to vote, voting thereon in the State as a whole, and also a majority of the electors qualified to vote, voting thereon in the particular subdivision or subdivisions affected. When more than one amendment is submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately. Senator Sabados of the lOth moves to amend Article XIII, Section I, Paragraph I, by striking in line 8 the words "or more" between the word one and newspaper so that said line 8 in said Paragraph 1 of Section 1, shall read, published in one newspaper in each congressional. 1rhe paragraph ~as adopted. Section I, Paragraph I of Article XIII was adopted as amended. Paragraph II. CONVEN1riON, HOW CALLED. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. 1rhe representation in said convention shall be based on population as near as practicable. 1rhis Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. 1rhe paragraph was adopted. Paragraph III. VE1r0 N01r PERMI1r1rED. 1rhe Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution. 1rhe paragraph was adopted. Section I of Article XIII was adopted as amended. Article XIII was adopted as amended. AR1riCLE XIV. MERI1r SYS1rEM. SEC1riON I. Paragraph I. P'ERSONNEL BOARD; APPOIN1rMEN1r; 1rERMS. 1rhere shall be a non-salared State Personnel Board composed of three citizens of this State of known interest in the improvement of public administration and in the impartial selection of efficient personnel on the basis of merit and fitness. 598 JOURNAL OF THE SENATE, The members of the State Personnel Board shall be appointed by the Governor. 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. Neither the Governor or any other State employee shall be a member of the State Personnel Board. The paragraph was adopted. Paragraph II. DUTIES, POWERS AND AUTHORITIES. The State Personnel Board shall have such duties, powers and authorities as provided by law. The paragraph was adopted. Paragraph III. The legislature may establish an actuarially sound retirement system for persons holding positions under the Merit System. The paragraph was adopted. Paragraph IV. Adequate appropriations shall be made by the legislature to carry out the purposes of this provision. Senators Gross of the 31st and Harrell of the 7th moved to amend HR 11 by striking therefrom the entire Article XIV relating to a merit system and by substituting in lieu thereof the following Article XIV. ARTICLE XIV. MERIT SYSTEM. SECTION I. Paragraph I. STATE P'ERSONNEL BOARD. A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the improvement of public administration, shall administer a State Merit System under which state personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members of the State Personnel Board shall he appointed by the Governor with the advice of the Senate. The first members shall be appointed for terms of three, five and seven years, respectively, the terms to be designated by the Governor. All subsequent appointments shall be for a period of seven. years, except unexpired terms. No State official or employee shall be a member of the State Personnel Board. Paragraph II. RETIREMENT SYSTEM. APPROPRIATION. The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system. Adequate appropriations shall be provided for the operation of a merit system and the State Personnel Board. The amendment was adopted. WEDNESDAY, FEBRUARY 21, 1945 599 Section I was adopted as amended. Article XIV was adopted as amended. ARTICLE XV. HOME RULE. SECTION I. Paragraph 1. The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. Senator Harrell of the 7th offered the following amendment: Amend Section 1 of Article 15, Paragraph 1 of HR 11 as follows: By adding a new Section known as SECTION II. P'aragraph 1. In addition to the grant of legislative authority contained in this Constitution, the governing authorities of any county or municipality in this State are empowered to enact or repeal any local law operative only within the area of the county or municipality and not inconsistent with the general law or this Constitution. Further by adding a new paragraph to be known as Paragraph 2 as follows: Paragraph 2. The people of any county or municipality may require a referendum on any local legislation sought to be enacted or repealed by the governing authorities of the county or municipality, said local legislation affecting only the territory included in the county or municipality, by petition of one-third of the registered voters of the county or municipality affected. Upon the filing of such proposed petition for referendum signed by one-third of the registered voters of the county or municipality affected, it shall be the duty of the governing authority to place the same on the ballot at the next regular county or municipal election; provided, however, that petition for referendum must be filed with the governing authority within sixty days after publication, if the enactment of local legislation by the governing authority has been made. If a majority of the voters voting therein favor the local legislation or the repeal of any local law operative only within the area of the county or municipality, it shall become law upon certification of a copy thereof to the Secretary of State, whose duty it shall be to publish the local acts in conformity with the provisions hereinbefore provided. 600 JOURNAL OF THE SENATE, Further by adding a new paragraph to be known as Paragraph 5 as follows: The people of any county or municipality may enact or repeal local laws affecting only the territory included in the county or municipality by petition of one-third of the registered voters of the county or municipality upon the filing of such proposed local legislation together with a petition signed by one-third of the registered voters of the county or municipality requesting it, it shall be the duty of the governing authorities to place the same on the ballot at the next regular county or municipal election. If the majority of the voters voting therein favor the local legislation it shall become the law upon certification of a copy thereof to the Secretary of State, whose duty it shall be to publish such local acts. Further by adding Paragraphs III, IV, V, VI and VII as printed in the Revised Constitution on pages 86 and 87. On the adoption of the amendment Senator Harrell of the 7th moved the ayes .and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Brown Drinkard Grayson Hill Harrell of 12th Those voting in the negative were Senators: Baggett Causey Cloud Daves Deal Drake Edenfield Edwards Freeman Gillis Gould Harrell of 7th Hodges Mavity McGinty Millican Minchew Moore Nix Peebles Rainey Riley Sabados Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Walker Not voting were Senators Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Hawes of the 30th, Holsenbeck of the 27th, Moate of the 20th, Norton of the 33rd, Wall of the 9th, Welsch of the 39th, Wellborn of the 40th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 5, nays 30, and the amendment was lost. WEDNESDAY, FEBRUARY 21, 1945 601 Senator Grayson of the 1st offered the following amendment: Moves to amend Article 15, Section 1, Paragraph 1, by striking the word "shall" wherever it appears therein and by inserting in lieu thereof the word "may"; and by adding at the end of said paragraph the following: "The provisions of this paragraph are not mandatory." Senator Sabados of the lOth moved the ayes and nays on the adoption of the amendment. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Baggett Cook Deal Drake Drinkard Gillis Gould Grayson Harrell of the 12th Hill Hodges Minchew Nix Peebles Rainey Riley Stone Turner of 35th Walker Welsch Those voting in the negative were Senators: Brown Causey Chastain Cloud Daves Edwards Freeman Harrell of 7th McGinty Millican Moore Sabados Shedd Slaughter Smtih Turner of 34th Not voting were Senators Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Edenfield of the 2nd, Greene of the 21st, Hawes of the 30th, Holsenbeck of the 27th, Mavity of the 44th, Moate of the 20th, Norton of the 33rd, Wellborn of the 40th, Wall of the 9th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On adoption of the amendment, the ayes were 20, nays 16, and the amendment was adopted. Senator Gross of the 31st moved that the Senate reconsider its action in adopting the above amendment offered by Senator Grayson of the 1st. On the motion to reconsider, Senator Harrell of the 12th moved the ayes and nays. 602 JOURNAL OF THE SENATE, The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Baggett Causey Chastain Cloud Daves Edenfield Edwards Freeman Harrell of 7th Hodges McGinty Millican Moore Shedd Slaughter Smith Turner of 34th Those voting in the negative were Senators: Brown Cook: Deal Drake Drinkard Gillis Grayson Harrell of 12th Hill Minchew Nix Peebles Rainey Riley Sabados Stone Turner of 35th Walker Welsch Not voting were Senators Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Gould of the 4th, Greene of the 21st, Hawes of the 30th, Holsenbeck of the 27th, Mavity of the 44th, Moate of the 20th, Norton of the 33rd, Wall of the 9th, Wellborn of the 40th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the motion to reconsider, the ayes were 17, nays 19, and the motion was lost. Section I of Article XV was adopted as amended. SECTION II. That when this amendment shall have been agreed to by twq-thirds of the members elected to each of the two Houses of the General Assembly the same shall "" entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in August, 1945, as provided by law. Senator Harrell of the 7th moves to amend Section II, Article XV of HR 11 by adding at the end of Section II the following language: "Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words 'For the amendment revising WEDNESDAY, FEBRUARY 21, 1945 603 the Constitution'; Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words 'against the amendment revising the Constitution'. If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitution of 1877 as the revised Constitution <>f Georgia." The amendment was adopted. Section II of Article XV was adopted as amended. Article XV was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was ordered and the vote was a follows: Those voting in the affirmative were Senators: Baggett Bennett Branch Brown Caldwell Causey Chastain Cloud Cook: Daves Deal Drake Edenfield Edwards Freeman Gould Harrell of 7th Hawes Hodges Holsenbeck: Mavity McGinty Millican Minchew Moore Peebles Riley Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn Yawn Those voting in the negative were Senators: Bentley Drinkard Gillis Grayson Harrell of 12th Moate Nix Rainey Sabados Not voting were Senators Battle of the 13th, Greene of the 21st, Hill of thf' 36th and Norton of the 33rd. By unanimous consent the verification of the roll call was dispensed with. On adoption of the resolution, the ayes were 38, nays 9. The resolution, having received the requisite two-thirds constitutional majority, was passed as amended. 604 JOURNAL OF THE SENATE, Senator Turner of the 34th moved that the Senate insist on its position in amending HB 35 and asked that a conference committee be appointed. The president appointed on the part of the Senate, Senators Harrell of the 7th, Grayson of the 1st and Freeman of the 22nd. 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 resolution of the House to wit: HR 11. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette and others: A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. The House respectfully requests a Committee of Conference and the Speaker of the House has appointed on the part of the House as a Committee of Conference the following members of the House to wit: Messrs. Culpepper of Fayette, Gowen of Glynn and Durden of Dougherty. Senator Millican of the 52nd moved that the Senate insist on its position in amending the following resolution of the House and that a committee of conference be appointed: HR 11. By Mr. Harris of Richmond and others: A resolution providing a new constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. The motion prevailed and the president appointed on the part of the Senate: Senators Harrell of the 7th, Freeman of the 22nd and Edwards of the 28th. Senator Millican of the 52nd 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 22, 1945 605 Senate Chamber, Atlanta, Georgia. Thursday, February 22nd, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by Senator Millican of the 52nd. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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: l. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions previously reported favorable for passage. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting on third reading for final passage general Senate and House bills. The consent was granted. The wife of Senator Smith of the 24th was presented to the Senate by the president. The following bills and/or resolutions were introduced, read the first time and referred to committees: SB 225. By Senator Gross of the 31st: A bill to be entitled an act providing for the creation, regulation and duration of Express Trusts and trustees; to provide the terms, powers and duties of trustees, investment of trust funds; providing for jurisdiction by the Superior Courts; to provide for the removal of trustees; and for other purposes. 606 JOURNAL OF THE SENATE, Referred to Committee on State of Republic. SB 226. By Senators Moate of the 20th and Mavity of the 44th: A bill to be entitled an act to amend Code Section 92-6907 relating to County Boards of Tax Assessors to provide for the term they may serve; and for other purposes. Referred to Committee on General Judiciary No. 1. SB 227. By Senator Mavity of the 44th: A bill to be entitled an act to provide for wardens recommendations on parole; to provide for construction of an incorrigible prison; to provide for service of the minimum sentences; and for other purposes. Referred to Committee on Penitentiary. SB 228. By Senator Millican of the 52nd: A bill to be entitled an act to supplement the salaries of the judges of the Superior Court of Fulton county; and for other purposes. Referred to General Judiciary No. 2. SB 229. By Senator Walker of the 45th: A bill to be entitled an act to amend Code Section 84-1313 to provide that any person shall be a qualified applicant for registration as a pharmacist who has had two years experience under a licensed pharmacist and served as a pharmacist's mate for 18 months in the armed forces; and for other purposes. Referred to Committee on Hygiene and Sanitation. SB 230. By Senator Stone of the 15th: A bill to be entitled an act to amend the Act creating the Department of Public Safety (Georgia Laws 1937, pp. 322-355) by striking Section 3 of Article V in its entirety, and to renumber the sections accordingly; and for other purposes. Referred to Committee on Highways and Public Roads. SB 231. By Senator Grayson of the 1st: A bill to be entitled an Act to amend an Act approved March 31, 1937, Georgia Laws, 1937, pp. 760 and 761 as amended by Act approved Feb. 22, 1943, Georgia Laws 1943, pp. 540 and 541 to provide this Act shall not THURSDAY, FEBRUARY 22, 1945 607 apply to any instruments executed by corporations in the nature of a mortgage, deed of trust, retention of title contracts, or other security instruments creating a lien; and for other purposes. Referred to Committee on General Judiciary No. 1. Mr. Moate of the 20th 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 443. Do Pass HB 341. Do Pass HB 313. Do Pass HB 339. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Greene of the 21st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. President: Your Committee on Motor Vehicles have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 150. Do P'ass Respectfully submitted, Greene of 21st district, Chairman. Mr. Gould of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report: Mr. President: Your Committee on Military Affairs have had under consideration the followin2 608 JOURNAL OF THE SENATE, bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 117. Do Not Pass SB 217. Do Pass Respectfully submitted. Gould of 4th district, Chairman. Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. President: Your Committee on Veterans 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 223. Do Not Pass SB 224. Do Pass as amended Respectfully submitted, Stone of 15th district, Chairman. Mr. Holsenbeck of the 27th District, Chairman of the Committee on Agriculture, submitted the following report: Mr. President: Your Committee on Agriculture have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the foll()wing recommendation: - HR 31. Do Pass Respectfully submitted, Holsenbeck of 27th district, Chairman. Mr. Causey of the 46th 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 THURSDAY, FEBRUARY 22, 1945 609 following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 51. Do Pass as amended HB 115. Do Pass HB 257. Do Pass Respectfully submitted, Causey of 46th district, Chairman. Mr. Mavity of the 44th District, Chairman of the Committee on Penitentiary, submitted the following report: Mr. President: Your Committee on Penitentiary have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HR 30. Do Pass Respectfully submitted, Mavity of 44th district, Chairman. Mr. Edenfield of the 2nd District, Chairman of the Committee on Aviation, submitted the following report: Mr. President: Your Committee on Aviation 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 140. Do Pass SB 211. Do Pass Respectfully submitted, Edenfield of 2nd district, Chairman. Mr. Holsenbeck of the 27th District, Chairman of the Committee on Agriculture, submitted the following report: 610 JOURNAL OF THE SENATE, Mr. President: Your Committee on Agriculture have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 203. Do Pass as amended Respectfully submitted, Holsenbeck of 27th district, Chairman. The following bills favorably reported by the committees, were read the second time: SB 224. By Senators Stone of the 15th and Gould of the 4th: A bill to be entitled an Act to provide for business license to veterans with 10% or more disability shall be free; and for other purposes. SB 150. By Senators Harrell of the 7th, Branch of the 47th and Causey of the 49th: A bill to be entitled an act to be known as Motor Vehicle Safety Responsibility Act; to make operators of motor vehicles to make a report of all accidents; and for other purposes. SB 217. By Senator Grayson of the 1st: A bill to be entitled an Act placing the State Guard under the military department of the State; fixing the date for the termination of the State Guard Organization; and for other purposes. SB 211. By Senator Walker of the 45th: A bill to be entitled an Act to create a joint Airport Commission for the City of Fitzgerald and County of Ben Hill; and for other purposes. SB 140. By Senators Harrell of the 7th, Causey of the 46th and Branch of the 47th: A bill to be entitled an Act to empower municipalities and other political subdivisions to promulgate, administer and enforce airport zoning regulations ; and for other purposes. SB 203. By Senators Gross of the 31st and Gillis of the 16th: A bill to be entitled an Act to provide the Director of Entomology shall make rules and regulations prescribing qualifications of persons engaged in Entomological and Plant Pathological work; and for other purposes. THURSDAY, FEBRUARY 22, 1945 611 The following bills and resolutions of the House, favorably reported by the committees, were read the second time: HB 115. By Mr. Williams of Ware and others: A bill to repeal in its entirety an Act approved March 31, 1937 (Acts 1937, page 294-310) and to rewrite said Act and establish a state board of registration for professional engineers and land surveyors; and for other purposes. HB 341. By Mr. Etheridge of Fulton and others: A bill to provide for the civil service system in the Fulton county probation office; and for other purposes. HB 339. By Mr. Etheridge of Fulton: A bill to fix the amount of fees to be collected and held by the Coroner of Fulton county and to provide for an office and clerical assistance; and for other purposes. HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn: A bill to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the Secretary of State; and for other purpose~. HB 257. By Mr. Hinson of Ware and others: A bill to repeal Section 24-1601 of the Code and provide a new Section 24-1601 setting up a new schedule of fees for the Justices of the Peace; and for other purposes. HB 313. By Mr. Williams of Jones: A bill to be entitled an act to provide a salary for the sheriff of Jones county in addition to fees; and for other purposes. HB 443. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an Act to authorize the Board of Education of Fulton county to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters; and for other purposes. HR 30. By Mr. Trash of Coffee and others: A resolution repealing a resolution adopted at the Extra-Ordinary Session 612 JOURNAL OF THE SENATE, of 1944 to the effect that two members of the State Prison should not be employed by the Department of Corrections; and for other purpo~,.s. HR 31. By Mr. Gowen of Glynn and others: A resolution providing that a Committee composed of the same members be re-named to work with the Milk Control Board in securing a continuance of the payment of subsidy by the Federal Government to Milk Producers; and for other purposes. 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 as amended of the Senate, to wit: SB 73. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd and others: A bill to be entitled an Act to amend an Act entitled "Agriculture-Fertilizer Regulations," providing for the appointment of fertilizer inspectors, the fixing of their compensation, the defining of their duties, by the Commissioner of Agriculture; and for other purposes. 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 Senate to wit: SB 44. By Senators Harrell of the 7th, Drake of the 8th and Wall of the 9th: A bill to be entitled an Act to amend Code Section 22-1504, any foreign corporation claiming to own 5,000 acres of land to incorporate in Georgia so as to provide that the Section shall not apply to corporations owning,mineral rights, minerals, oil, gas or other on, in or under lands in this State ; and for other purposes. The following resolutions of the House were read and adopted: HR 44. By Mr. Weaver of Bibb: A resolution nominating Sidney Lanier to the Hall of Fame of New York University; and for other purposes. THURSDAY, FEBRUARY 22, 1945 613 HR 62. By Mr. Young of Muscogee: A resolution memorializing the Legislature of Tennessee to liberalize the statutes prescribing the size and weight limitations of motor vehicles. HR 38. By Messrs. Battle and Miller ?f Decatur: A resolution extending sympathy of the General Assembly to the family of Hon. Gordon Bowers, former member of the Assembly, on his death. The following House resolution was voted on unanimously by a rising vote of the Senate: HR 63. By Messrs. Williams of Ware, Fowler of Douglas, Alexander of Chatham and others: A resolution that the House, the Senate concurring, express their deepest sympathy to the bereaved loved ones of Lt. Atkinson. The following local House bills were read the third time and put upon their passage: HB 346. By Messrs. Gammage and Jennings of Sumter: A bill to be entitled an Act to provide all candidates for the General Assembly in Sumter county shall specify the incumbent he desires to oppose; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 337. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an act to establish a budget system for the County Board of Education 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 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 336. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide a system of pensions for employees 614 JOURNAL OF THE SENATE, of the Board of Health 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 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 452. By Mr. Gowen of Glynn and others: A bill to amend the charter of the City of Brunswick: to ratify the closing of certain portion of Amherst and Wolf Streets and confer additional powers upon 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 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 454. By Mr. Holley of Richmond: A bill to provide minimum salaries or wages for officers and men in the Fire Department 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 449. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to authorize the Board of Trustees of the Public Schools of Columbus to sell any property, real or personal, under their control and to invest the proceeds of such sales; and for other purposes. The report 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 463. By Mr. Almand of Walton: A bill to be entitled an Act to amend the charter of the City of Monroe to authorize the city to establish and maintain a municipal freezer locker plant; and for other purposes. THURSDAY, FEBRUARY 22, 1945 615 The report 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 467. By Messrs. Block and Alexander of Carroll: A bill to be entitled an Act to authorize the Commissioners of Carroll county to furnish gas, oil, and repairs for the car used by the sheriff of Carroll county and charge same to county expense; and for other purposes. The report 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 466. By Messrs. Brock and Alexander of Carroll: A bill to be entitled an Act to amend the charter of the City of Carrollton to provide the method of taxing property not returned; to provide closing date for registration of voters; to provide for the election of a Mayor and City Councilmen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes. The report 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 475. By Mr. Giddens of Calhoun: A bill to be entitled an Act to fix the salary and expenses of the Commissionners of Roads and Revenues of Calhoun county; and for other purposes. 616 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 469. By Mr. Willoughby of Clinch: A bill to be entitled an Act to fix compensation for members of the Board of Commissioners of Roads and Revenues for Clinch county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 457. By Mr. Broome of DeKalb and others: A bill to amend the charter of the City of Decatur by providing for the assessment of sanitary taxes and the method of collecting; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the ;assage of the bill, the ayes were 35, nilys 0. The bill, having received the requisite constitutional majority, was passed. HB 487. By Mr. Williams of Toombs: A bill to be entitled an Act to repeal an Act approved March 18, 1937 (Georgia Laws 1937, pp. 1193-1195) which amended the act establishing the city court of Lyons; and for other purposes. The report 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 483. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an Act to fix the salaries of the Board of Commissioners of Roads and Revenues of Spalding county; and for other purposes. THURSDAY, FEBRUARY 22, 1945 617 The report 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 485. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an Act to fix the salary of the Clerk of the Commissioner of Roads and Revenues 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 epassage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 456. By Mr. Broome of DeKalb and others: A bill to amend the charter of the City of Atlanta, to extend the city limits 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 27, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 501. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to change the name of the Board of Trustees of Public Schools of Columbus to the Board of Education and to provide for a Superintendent of Education; and provide the Board of Education may establish junior colleges; and for other purposes. The report 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 506. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to change from a fee basis to a salary basis all officers of Richmond county who have previously received fees and to fix the salaries; and for other purposes. 618 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 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 435. By Mr. Porter of Gordon: A bill to be entited an Act to fix the salary of the Tax Commissioner of Gordon county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 482. By Mr. Adamson of Clayton: A bill to be entitled an Act to provide for assistance and clerks for the Tax Commissioner of Clayton county and fix their 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 503. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the Judge, Clerk, Sheriff, and Deputy Clerk, and Deputy Sheriff of the municipal court 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 hill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 273. By Mr. Gowen of Glynn: A bill to pay an additional salary to the Judge of the Brunswick Judicial Circuit; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY 22, 1945 619 On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 246. By Mr. Seagraves of Madison: A bill to provide for the holding of four terms of the Superior Court of Madison county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 244. By Mr. Hefner of Pickens: A bill to authorize and direct proper officials in all counties in the State of Georgia having a population of not less than 9,130 nor more than 9,140 to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 205. By Mr. Greer of Lanier: A bill to provide for four terms each year of 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 202. By Mr. M~rion Ennis of Baldwin: A bill to provide for four terms each year of Baldwin county Superior Court; and for other purposes. The repurt 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. 620 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed. HB 195. By Messrs. Strickland and Freeman of Upson: A bill to fix the compensation of the Coroner and Jurors summoned by the Coroner in Upson County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 167. By Mr. Lane of Polk and others: A bill to provide that applicants for divorce in Polk Superior Court shall pay $10.00 cost upon filing the petition; and for other purposes. The report of the committee, which was fav~rable 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 136. By Mr. Hubert of DeKalb and others: A bill to provide for a salary for the Coroner of DeKalb county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 89. By Mr. Holleman of Muscogee: A bill to provide that judges of Superior courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes. The report 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 88. By Mr. Holleman of Muscogee and others: THURSDAY, FEBRUARY 22, 1945 621 A bill to increase the salary of the Solicitor General of the Chattahoochee 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 29, nays 0. The bill, having received the requisite co~stitutional majoritY, was passed. HB 194. By Mr. Oden of Pierce: A bill to pay the sheriff of Pierce county a salary of $100.00 per month in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. . On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bills were read the third time and put upon their passage: SB 85. By Senator Wellborn of the 40th: A bill to be entitled an Act to amend Code Section 34-103, providing for the oath required in order to qualify electors; to substitute the figures "18" for the figures "21" in the third line of said Code Section; to require the elector to state his political affiliation; and for other purposes. Senator Gross offered the following amendment: Amend SB 85 by striking therefrom the words "That I have paid all poll taxes which I have had an opportunity of paying agreeably to law". . The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 27, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. SB 214. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to amend the charter of the City of Sylvania to create a public school system and provide for a Board of Trustees and authorizing the levy of a tax; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 622 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 215. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to establish a Public School District for Sylvania; to define the boundaries of the same; to authorize the issuance of bonds for school improvements; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 216. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a Parks and Recreation Commission in Fulton county; to prescribe the powers and duties of the 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 94. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to provide that the license fees levied on commercial fishing boats shall run from January 1 to December 31 of the year issued; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 78. By Senators Grayson of the 1st, Drake of the 8th, Stone of the 15th, Greene of the 21st, Minchew of the 5th, Hodges of the 36th, Holsenbeck of the 27th, Rainey of the 11th, Harrell of the 7th and Freeman of the 22nd: A bill to be entitled an Act to fix the salary of the Adjutant General of Georgia at $6,000 per annum; and for other purposes. The Committee on Military Affairs offered the following substitute: THURSDAY, FEBRUARY 22, 1945 623 A BILL TO BE ENTITLED, AN ACT To amend an Act fixing the duties, bond, compensation and assistants of the Adjutant General (Georgia Laws 1935, page 96), as amended by an Act of the General Assembly of 1937-38, Extraordinary Session (Georgia Laws 1937-38, Extraordinary Session, pages 279-281), by striking the language fixing the compensation of the Adjutant General, and substituting other language therefor, so as to increase the compensation of the Adjutant General; 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. The Act of the General Assembly of Georgia (Georgia Laws 1937-38, Extraordinary Session, pages 279-281 ), fixing the eligibility, appointment, duties, residence, bond, compensation and assistants of the Adjutant General, is hereby amended by striking therefrom the following language: "The salary of the Adjutant General shall be $4,620 per year. The salary as above set forth shall be in lieu of all rent and subsistence and auto allowances as have been heretofore provided in section 86-501 of the Code of 1933," and substituting in lieu thereof the following language: "The compensation of the Adjutant General shall be $4,620.00 per year, and in addition thereto the Adjutant General shall receive the subsistence and quarters allowance of a Brigadier General in the Army of the United States," so that the law with reference to the eligibility, appointment, duties, residence, bond, compensation, and assistants of the Adjutant General shall be as follows: "86-501. The Adjutant General; eligibility, appointment, duties, residence, bond, compensation, and assistants.-The Adjutant General shall be chief of staff to the Governor in all military and naval affairs of the State and subordinate only to the Governor in matters pertaining to the Military Department and military and naval affairs of the State. The Adjutant General shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and shall have the rank of a Brigadier General. No person shall be eligible to hold the office of Adjutant General unless he holds or has held a commission (regular or reserve) in the National Guard of Georgia, or in the Army of the United States, or in the Marine Corps, or in the United States Navy; and shall have served not less than two years in one or more such services, and shall not be less than 25 nor more than 64 years of age at the time of his appointment. The Adjutant General shall reside in Fulton or an adjacent county thereto, after appointment, and shall .be available at all hours for emergency duties. The compensation of the Adjutant General shall be $4,620.00 per year, and in addition thereto the Adjutant General 624 JOURNAL OF THE SENATE, shall receive the subsistence and quarters allowance of a Brigadier General in the Army of the United States, and shall be paid pro rata each month, the said compensation not to affect mileage as now allowed under existing laws with reference to the ownership of automobiles. He shall perform such duties pertaining to the office of Adjutant General as from time to time may be provided by the laws, rules, and regulations for the Government for the United States Army and such as may be designated by the Governor. He shall have an assistant adjutant general, United States property and disbursing officer, and such other commissioned assistants and employees as may be necessary, and they shall be selected and employed by the Adjutant General and perform such duties as may be required of them, and he shall fix their salaries. He shall be the custodian of all military records and shall keep them filed, indexed, and available for ready reference. He shall keep an itemized account of all moneys received and disbursed from all sources and shall make an annual report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the National Guard as he shall deem expedient. The .Governor shall require the Adjutant General to give bond to the State in the sum of $10,000, with good and sufficient securities, to be approved by the Governor, faithfully to discharge the duties of his office." Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SR 23. By Senator Millican of the 52nd: A resolution giving consent on the part of the State for the City of Atlanta to construct ways, streets, roads, bridges, or viaducts over the W. & A. Railroad between Spring Street viaduct and Central Avenue viaduct; and for other purposes. Senator Millican of the 52nd offered the following substitute: SUBSTITUTE FOR SR 23 Subject to the approval of the Governor of the State of Georgia, the Georgia Public Service Commission and the lessee of the Western & Atlantic Railroad, consent on the part of the State of Georgia given to the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts OI: a plaza or plazas over the Western & Atlantic Railroad property; to provide that neither the State of Georgia nor the lessee of the Western & Atlantic Railroad shall be responsible for any damages growing out of the construction of the same. To provide that the construction of the same THURSDAY, FEBRUARY 22, 1945 625 shall not interfere with the title or interest of the State of Georgia in said property. BE IT RESOLVED BY THE GENERAL ASSEMBLY of the State of Georgia as follows: That, subject to the approval of the Governor of the State of Georgia, the Georgia Public Service Commission and the lessee of the Western & Atlantic Railroad, consent on the part of the State of Georgia is hereby given to the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts and a plaza or plazas over the property known as the Western & Atlantic Railroad between the Spring Street Viaduct and the Central Avenue Viaduct, or any part of same as separate units between the Central Avenue Viaduct and the Pryor Street Viaduct, or between the Pryor Street Viaduct and the Whitehall Street Viaduct, or between the Whitehall Street Viaduct and the Broad Street Viaduct, or between the Broad Street Viaduct and the Forsyth Street Viaduct, or between the Forsyth Street Viaduct and the Spring Street Viaduct. Neither the State of Georgia nor the lessee of the Western & Atlantic Railroad shall in any way be responsible to any firm, person or corporation for any damages of any nature growing out of the building, construction, or maintenance of said ways, streets, roads, bridges, viaducts and plaza or plazas by the City of Atlanta. Provided, that nothing herein shall be construed as surrendering or in any manner interferring with the right, title or interest of the State of Georgia in the property known as the Western & Atlantic Railroad in the City of Atlanta or the future use or enjoyment of said property by the State. Senator Harrell of the 12th offered the following amendment to the sub!titute to SR 23: Amend SR 23 by adding to the caption after the words the Georgia Public Service Commission in several lines of the caption "the Attorney General of Georgia." The amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute as amended, was agreed to. On the adoption of the resolution, the ayes were 33, nays 3. The resolution, having received the requisite two-thirds constitutional majority, was passed by substitute as amended. Senator Sabados of the lOth asked unanimous consent that he be recorded as voting nay on the substitute as amended to SR 23, and the consent was granted. The following bills of the Senate were taken up for the purpose of considering House amendments thereto: 626 JOURNAL OF THE SENATE, SB 10. By Messrs. Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st: A bill to be entitled an Act to provide that Justices of the Supreme Court shall be authorized to make and adopt rules relating to examinations for admission to the Bar of this State; and for other purposes. The House amendment was as follows: By Mr. Gowen of Glynn: Amend SB 10 by adding at the end of Section 1 the following proviso, namely: "provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons." Senator Millican of the 52nd moved that the Senate concur in the House amendment to SB 10. On the motion to concur the ayes were 31, nays 0, and the amendment was concurred in. SB 12. By Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd: A bill to be entitled an Act to create a Judicial Council for the State of Georgia, to provide for the membership thereof; and its duties and authority; and for other purposes. 'Fhe House amendment was as follows: The Committee moves to amend SB 12 by striking from the third line of Section I the words "the Chairman of the Judiciary Committees of the Senate and of the House of Representatives (but if there be more than one Judiciary Committee, then the Chairmen of Judiciary Committee No. 1)" and inserting in lieu thereof, the words "The Chairman of a Judiciary Committee of the Senate to be designated biannually by the president of the Senate, and the Chairman of a Judiciary Committee of the House to be designated biannually by the Speaker. Senator Millican of the 52nd moved that the Senate concur m the House amendment to SB 12. On the motion to concur the ayes were 32, nays 1, and the amendment was concurred in. SR. 17. By Senators Norton of the 33rd and Wellborn of the 40th: A resolution to provide for a committee of three from the Senate and five from the House to be appointed by the presiding officers to investigate and THURSDAY, FEBRUARY 22, 1945 627 make recommendations on the conditions of the State Tuberculosis Sanatorium at Alto; and for other purposes. The House amendment was as follows: Mr. Greer of Lanier moves to amend SR 17 by striking the words "February 9th" in the next to the last line of the resolution and inserting in lieu thereof the words "February 22." Senator Millican of the 52nd moved that the Senate concur in the House amendment to SR 17. On the motion to concur the ayes were 29, nays 0 and the amendment was concurred in. SB 99. By Senator Grayson of the 1st: A bill to be entitled an Act to prescribe conditions and regulations for common carriers by aircraft and to give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as the Georgia Air Commerce Act; and for other purposes. Senator Grayson of the 1st asked unanimous consent that further action on SB 99 be postponed until 2 :30 this afternoon and the consent was granted. The following bill was taken up for the purpose of considering the report of the committee on conference: HB 39. By Mr. Price of Clarke and others: A bill to provide a fund to assist the education of orphans of members of the Armed. Forces killed in action in World War II; and for other purposes. The committee on conference offered the following report: Mr. P'resident: Your committee on Conferences, appointed with a like committee of the House, to consider HB 39, makes the following recommendation: That the House recede from its position in refusing to accept the Senate substitute of the HB 39, and that the House and Senate do accept the Senate substitute therefor. Respe~tfully submitted, On the part of the Senate: Stone of 15th, C. T. Edwards of 28th, N. G. Slaughter of 50th. 628 JOURNAL OF THE SENATE, On the part of the House: Price of Clarke, Chairman, Cheshire of Colquitt, Connell of Lowndes. Senator Stone of the 15th mov.ed that the Senate agree to the report of the committee on conference. On the motion to agree, the ayes were 29, nays 0, and the conference committee report was agreed to. By previous motion of Senator Grayson of the 1st, and as a continuing order of business, SB 99 was taken up for further consideration. SB 99. By Senator Grayson of the 1st: A bill to be entitled an Act to prescribe conditions and regulations for common carriers by aircraft and to give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as the Georgia Air Commerce Act ; and for other purposes. Senator Grayson of the 1st offered the following substitute to SB 99: A BILL To be entitled and Act providing for the regulation of Intra State Air Commerce in Georgia repealing all laws in conflict herewith; 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 from and after the passage of this Act all intra-state Air Commerce in the State of Georgia shall be subject to supervision and regulation by the Georgia Public Service Commission in accordance with any and all laws hereafter enacted by the General Assembly prescribing regulations therefor. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. On the adoption of the substitute, Senator Grayson of the 1st moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Brown Caldwell Causey Gillis Grayson Greene Rainey Stone Turner of 35th THURSDAY, FEBRUARY 22, 1945 629 Cook Deal Drinkard Edwards Harrell of 12th Hill Hodges Peebles Walker Wall Welsch Wellborn Those voting in the negative were Senators: Chastain Cloud Daves Drake Edenfield Freeman Gould Harrell of 7th Holsenbeck McGinty Millican Minchew Moore Sabados Shedd Slaughter Smith Turner of 34th Not voting were Senators Baggett, Battle, Bennett, Bentley, Branch, Hawes, Mavity, Moate, Nix, Norton, Riley and Yawn. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the substitute to SB 99, the ayes were 21, nays 18, and the substitute was adopted. On the passage of the bill by substitute, Senator Grayson of the 1st moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Brown Caldwell Causey Cook Deal Drinkard Edwards Gillis Grayson Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Peebles Rainey Shedd Stone Turner of 35th Walker Wall Welsch Wellborn Those voting in the negative were Senators: Chastain Cloud Daves Drake Edenfield Freeman Gould Holsenbeck McGinty Millican Minchew Moore Sabados Slaughter Smith Turner of 34th 630 JOURNAL OF THE SENATE, Not voting were Senators Battle, Baggett, Bennett, Bentley, Branch, Nix, Norton, Riley and Yawn. Senator Grayson of the 1st objected to dispensing with the verification of the roll call and the vote was verified. On the passage of the bill by substitute, the ayes were 24, nays 16. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Grayson of the 1st gave notice that at the proper time he would move that the Senate reconsider its action on SB 99 by substitute. SB 122. By Senator Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an Act to repeal Chapters 71-1 and 71-2 of Title 71 of the Code and substitute a new Chapter 71-1 which provides that Notaries Public shall be appointed by the judges of the Superior Court; and for other purposes. Senator Harrell of the 12th offered the following amendment: Amend SB 122 by adding after the words "residence" in line 5 Commission expire of stating year of expiration on seal. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 124. By Senators Gross of the 31st, Stone of the 15th, Harrell of the 7th, Branch of the 47th and Millican of the 52nd: A bill to be entitled an Act to repeal Chapter 101-1 of the Code and enact a new chapter 101-1 providing for a Department of State Library; how appointed, term of office and qualifications; and for other purposes. Senator Harrell of the 12th offered the following amendment: Amend SB 124, Section 101-102, State Librarian, on page 2, by adding after the words the State Librarian in line 12 the words "but shall not have authority to issue commission to Notary Public at large." The amendment was adopted. ' THURSDAY, FEBRUARY 22, 1945 631 The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 27, n.tys 5. The bill, having received the requisite constitutional majority, was passed as amended. SB 95. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to regulate the commercial gathering of oysters and to provide for license and State Health Certificate; and for other purposes. The report 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 96. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to authorize the State Game and Fish Commission to purchase an aeroplane to patrol the coastal waters 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 28, nays 2. The bill, having received the requisite constitutional majority, was passed. SB 97. By Senators Gillis of the 16th, Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to regulate the shipping of oysters in the shell; and for other purposes. The report 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 Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 632 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Friday, February 23, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was -called to order by the president. Scripture reading and prayer was offered by Rev. Grady Mangham, Jr. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions previously reported favorable for passage. 5. Putting on third reading for final passage local Senate and House bills and general bills with local application. 6. Putting on third reading for final passage general Senate and House bills. The consent was granted. The following bills and/or resolutions were introduced, read the first time and referred to committees: SB 232. By Senator Harrell of the 7th: A bill to be entitled an Act to provide for the admission and maintenance of widows of Confederate veterans at the Conferedate Soldiers Home; to provide maintenance at said home to be in lieu of pensions; and for other purposes. Referred to Committee on State of Republic. FRIDAY, FEBRUARY 23, 1945 633 :SR 35. By Senator Branch of the 47th: A resolution requesting the State of Georgia to reconvey certain property to the County of Colquitt which was deeded to the State by Colquitt county for a State Farmers' Market; and for other purposes. Referred to Committee on Public Property. .SR 36. By Senator Branch of the 47th: A resolution requesting the State to reconvey to the Georgia Northern Railway Company a certain tract of land which was conveyed to the State by the Georgia Northern Railway Company for a proposed State Farmers' Market; and for other purposes. Referred to Committee on Public Property. :SB 233. By Senators Norton of the 33rd, Brown of the 6th, Greene of the 21st and Hodges of the 26th: A bill to be entitled an Act to amend Code Section 56-101 by striking the Comptroller General as Insurance Commissioner and provide for an Insurance Commissioner to be appointed by the Governor, and to create an Insurance Department of the State of Georgia; and for other purposes. Referred to Committee on lns1,1rance. SR 38. By Senators Norton of the 33rd, Brown of the 6th, Greene of the 21st and Hodges of the 26th: A resolution proposing an amendment to Article 5, Section 2, Paragraph 8 of the Constitution to abolish the office of Comptroller General and transfer the powers, duties and authority to the Secretary of State; 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 requ1s1te constitutional majority the following bills and resolution of the House to wit: HB 163. By Messrs. Connell of Lowndes, Greer of Lanier; Dorsey of Cobb and others: A bill to be entitled an Act to provide for the filing of Tax Returns from 634 JOURNAL OF THE SENATE, January 1st to April 1st instead of February 1st to May 1st; and for other purposes. HB 164. By Messrs. Connell of Lowndes, Greer of Lanier, Dorsey of Cobb and others: A bill to be entitled an Act to provide that County Boards of Tax Assessors shall complete their revision of returns of taxpayers by June 1st instead of July 1st and file a copy with the State Revenue Commissioner instead of the Comptroller General; and for other purposes. HB 170. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier and others: A bill to be entitled an Act to provide that Tax Receivers shall present tax returns to County Boards of Tax Assessors by April lOth of each year; and for other purposes. HB 171. By Mr. Arnold of Spalding: A bill to be entitled an Act to amend the Banking Laws to provide that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation; and for other purposes. HB 175. By Messrs. Rossee of Putnam, Oden of Pierce and Moye of Brooks: A bill to be entitled an Act to amend a Uniform Narcotic Drug Act by including insonipecaine and giving a definition of same; and for other purposes. HB 191: By Messrs. Phillips of Columbia and McCracken of Jefferson: A bill to be entitled an Act to amend Code Section 56-104 so as to repeal the provision exempting farmers assessment cooperative fire insurance companies in not more than four counties from examination; and for other purposes. HB 193. By Mr. Hatchett of Meriwether: A bill to be entitled an Act to provide it shall be the duty of the State Board of Education to adopt rules and regulations for taking a school census; and for other purposes. HB 207. By Messrs. Harris of Richmond, Durden and Sapp of Dougherty and others: A bill to be entitled an Act to provide for the marking of graves of soldiers of the Confederacy buried in Georgia; and for other purposes. FRIDAY, FEBRUARY 23, 1945 635 HB 212. By Mr. Gowen of Glynn: A bill to be entitled an Act to amend an Act approved March 31, 1937 (Georgia Laws 1937, pp. 760-761) so as to restrict such seven year limitation to instruments covering personal property only; and for other purposes. HB 250. By Messrs. MeNall, Alexander and Connerat of Chatham: A bill to be entitled an Act to provide the manner and method of handling and shipping of oysters in the shell; and for other purposes. HB 298. By Messrs. Weaver and Bloodworth of Bibb and Marion Ennis of Baldwin: A bill to be entitled an Act to provide for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will or otherwise, whether reserved by the holder of such power are conferred upon such holder by another; and for other purposes. HB 319. By Mr. Gowen of Glynn: A bill to be entitled an Act to create a petroleum oil and gas commission; to authorize the commission to deal with state lands; and for other purposes. HB 344. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to propose an amendment to Paragraph 2 of Article 7 of the Constitution, to provide for the payment of pensions or retirement pay to widows and minor children of county employees of Fulton county; and for other purposes. 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 355. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia: A bill to be entitled an Act to authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses, and to provide for the inspection of school houses; and for other purposes. 636 JOURNAL OF THE SENATE, HB 402. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend section 35 of the Corporation Act approved January 28, 1938, to make it apply to any corporation incorporated under an Act of the General Assembly authorizing Superior Courts to grant charters; and for other purposes. HB 461. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to fix the salary of the Mayor; and for other purposes. HB 470. By Mr. Willoughby of Clinch: A bill to be entitled an Act to provide for filling vacancies in the office of Solicitor of Clinch county court; and for other purposes. HB 471. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd and others : A bill to be entitled an Act to repeal code section 95-1715 as amended and substituting a new section relating to condemnation of property for public roads by permitting condemnation for borrow pits; and for other purposes. HB 527. By Mr. Williams of Appling: A bill to be entitled an Act to authorize the county authorities in Appling county to pay the salary of the Judge of City Court of Baxley in quarterly payments; and for other purposes. HB 533. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of Union City by providing hours for keeping polls open; to raise the amount persons may be fined in Mayors Court; to provide for ordinances regulating motor vehicles; and for other purposes. HB 556. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to empower Muscogee county to construct and extend public sewers and charge rates and fees for the maintenance thereof; and for other purposes. HB 557. By Mr. Barwick of Grady: A bill to be entitled an Act to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes. FRIDAY, FEBRUARY 23, 1945 637 HB 562. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to provide a pension fund for employees of M uscogee county; and for other purposes. HR 52. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution authorizing Fulton county commissioners to levy and collect a license tax on all persons doing business in unincorporated areas and to regulate the conduct of businesses in said areas; and for other purposes. HR 100. By Messrs. Gowen of Glynn, Alexander and Connerat of Chatham: A resolution that his Excellency, the Governor, and the Director of State Parks be requested to investigate the feasibility of providing state park facilities on the coast of Georgia and if sufficient property can be acquired economically, that it be developed so that at least some portion of this playground may be preserved forever for the use of the people of Georgia. The following bills of the House were read the first time and referred to committees: HB 562. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to provide a P'ension Fund for employees of M uscogee county; and for other purposes. Referred to Committee on Counties and County Matters. HB 557. By Mr. Barwick of Grady: A bill to be entitled an Act to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes. Referred to Committee on Counties and County Matters. HB 556. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to empower Muscogee county to construct and extend public sewers and charge rates and fees for the maintenance thereof; and for other purposes. Referred to Committee on Counties and County Matters. HB 527. By Mr. Williams of Appling: A bill to be entitled an Act to authorize the county authorities m Appling 638 JOURNAL OF THE SENATE, county to pay the salary of the Judge of City Court of Baxley in quarterly payments; and for other purposes. Referred to Committee on Counties and County Matters. HB 470. By Mr. Willoughby of Clinch: A bill to be entitled an Act to provide for filling vacancies in the office of Solicitor of Clinch County Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 344. By Mr. Etheridge of Fulton and others: A bill to propose an amendment to Paragraph 2 of Article 7 of the Constitution, to provide for the payment of pensions or retirement pay to widows and minor children of county employees of Fultcn county; and for other purposes. Referred to Committee on Counties and County Matters. HB 471. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam and Pittman of Bartow: A bill to be entitled an Act to repeal code section 95-1715 as amended and substitute a new section relating to condemnation of property for public roads by permitting condemnation for borrow pits; and for other purposes. Referred to Committee on Highways and Public Roads. HB 533. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of Union City by providing hours for keeping polls open ; to raise the amount persons may be fined in Mayors Court; to provide for ordinances regulating motor vehicles; and for other purposes. Referred to Committee on Municipal Government. HB 461. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to fix the salary of the Mayor; and for other purposes. Referred to Committee on Municipal Government. HB 402. By Mr. Weaver of Bibb: A bill to amend section 35 of the Corporation Act approved January 28, FRIDAY, FEBRUARY 23, 1945 639 1938, to make it apply to any corporation incorporated under an Act of the General Assembly authorizing Superior Courts to grant charters; and for other purposes. Referred to Committee on Special Judiciary. HB 298. By Mr. Weaver of Bibb and others: A bill to provide for the release or relinquishment of powecs of appointment, general or special, whether exercisable by deed, will or otherwise, whether reserved by the holder of such power are conferred upon such holder by another; and for other purposes. Referred to Committee on Special Judiciary. HB 355. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia: A bill to be entitled an Act to authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses, and to provide for the inspection of school houses; and for other purposes. Referred to Committee on Education. HB 319. By Mr. Gowen of Glynn: A bill to create a petroleum oil and gas commJsswn; to authorize the commission to deal with state lands; and for other purposes. Referred to Committee on State of Republic. HB 175. By Mr. Rossee of Putnam and others: A bill to amend a Uniform Narcotic Drug Act by including insonipocane and giving a definition of same; and for other purposes. Referred to Committee on State of Republic. HB 212. By Mr. Gowen of Glynn: A bill to amend an Act approved March 31, 1937 (Georgia Laws 1937, pp. 760-761) so as to restrict such seven year limitation to instruments covering personal property only; and for other purposes. Referred to Committee on State of Republic. HB 250. By Mr. MeN all of Chatham and others: A bill to provide the manner and method of handling and shipping of oysters in the shell; and for other purposes. 640 JOURNAL OF THE SENATE, Referred to Committee on Game and Fish. HB 207. By Mr. Harris of Richmond and others: A bill to provide for the marking of graves of soldiers of the Confederacy buried in Georgia; and for other purposes. Referred to Committee on Appropriations. HB 163. By Mr. Connell of Lowndes and others: A bill to provide for the filing of tax returns from January Ist to April I st instead of February 1st to May 1st; and for other purposes. Referred to Committee on Finance. HB 164. By Mr. Connell of Lowndes and others: A bill to provide that County Boards of Tax Assessors shall complete their revision of returns of taxpayers by June 1st instead of July 1st and file a copy with the State Revenue Commissioner instead of the Comptroller General; and for other purposes. Referred to Committee on Finance. HB 170. By Mr. Connell of Lowndes and others: A bill to provide that Tax Receivers shall present tax returns to County Boards of Tax Assessors by April lOth of each year; and for other purposes. Referred to Committee on Finance. HB 171. By Mr. Arnold of Spalding: A bill to amend the Banking Laws to provide that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation; and for other purposes. Referred to Committee on Banks and Banking. HB 193. By Mr. Hatchett of Meriwether: A bill to be entitled an Act to provide it shall be the duty of the State Board of Education to adopt rules and regulations for taking school census; and for other purposes. Referred to Committee on Education. HB 191. By Messrs. Phillips of Columbia and others: MONDAY, FEBRUARY 26, 1945 641 A bill to amend Code Section 56-104 so as to repeal the proviso exempting farmers assessment cooperative fire insurance companies in not more than four counties from examination; and for other purposes. Referred to Committee on Insurance. HR 52. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution authorizing Fulton County Commissioners to levy and collect a license tax on all persons doing business in unincorporated areas and to regulate the conduct of businesses in said areas; and for other purposes. Referred to Committee on Amendments to Constitution. Mr. Causey of the 46th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. President: Your Committee on General Judiciary No. 2 have had under consideration the following bills of the Senate and House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HB 305. Do Pass HB 431. Do Pass SB 228. Do Pass Respectfully submitted, Causey of 46th district, Chairman. Mr. Edenfield of the 2nd 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 and resolution of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HR 29. Do Pass HB 366. Do Pass 642 JOURNAL OF THE SENATE, HB 360. Do Pass Respectfully submitted, Edenfield of 2nd district, Vice-Chairman. Mr. Hill of the 36th District, Vice-Chairman of the Committee on Penitentiary, submitted the following report: Mr. P'resident: Your Committee on Penitentiary have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 213. Do Pass SB 227. Do Pass Respectfully submitted, Hill of 36th district; Vice-Chairman. Mr. Stone of the 15th District, Chairman of the Committee on Veterans Affairs, submitted the following report: Mr. P'resident: Your Committee on Veterans 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 73. Do P'ass by substitute Respectfully submitted, Stone of 15th district, Chairman. Mr. Norton of the 33rd District, Chairman of the Committee on Insurance, submitted the following report: Mr. P'resident: Your Committee on Insurance have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: FRIDAY, FEBRUARY 23, 1945 643 HB 67. Do P'ass as amended Respectfully submitted, Norton of 33rd district, Chairman. Mr. Turner of the 34th 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 498. Do Pass HB 532. Do Pass HB 510. Do Pass HB 499. Do Pass HB 494. Do Pass HB 526. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Minchew of the 5th District, Chairman of the Committee on Public Welfare, submitted the following report: Mr. President: Your Committee on P'ublic Welfare have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HB 134. Do Pass Respectfully submitted, Minchew of 5th district, Chairman. Mr. Sabodas of the lOth District, Vice-Chairman of the Committee on Congressional and Legislative Re-apportionment, submitted the following report: 644 JOURNAL OF THE SENATE, Mr. President: Your Committee on Congressional and Legislative Re-apportionment have had under consideration the following bill of the House and have instructed me as ViceChairman, to report the same back to the Senate with the following recommendation: HB 234. Do Pass Respectfully submitted, Sabados of lOth district, Vice-Chairman. Mr. Drake of the 8th District, Chairman of the Committee on Highways and Public Roads, submitted the following report: Mr. President: Your Committee on Highways and Public Roads have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 230. Do Pass Respectfully submitted, Drake of 8th district, Chairman. Mr. Bennett of the 17th District, Chairman of the Committee on Privileges and Elections, submitted the following report: Mr. President: Your Committee on Privileges and Elections have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 209. Do Pass Respectfully submitted, Bennett of 17th district, Chairman. Mr. Freeman of the 22nd District, Chairman of the Committee on State of Republic, submitted the following report: Mr. President FRIDAY, FEBRUARY 23, 1945 645 Your Committee on State of Republic have had under consideration the following bills of the House and Senatae and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 210. Do Pass HB 277. Do Pass SB 181. Do Not Pass SB 198. Do Not Pass HB 33. Do Pass as amended SB 89. Do Not Pass Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Moate of the 20th 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 511. Do Pass HB 509. Do Pass HB 408. Do Pass HB 407. Do Pass HB 269. Do Pass HB 438. Do Pass HB 351. Do Pass HB 442. Do Pass HB 397. Do Pass HB 276. Do Pass HB 314. Do Pass HB 409. Do Pass 646 JOURNAL OF THE SENATE, HB 316. Do Pass HB 271. Do Pass as amended Respectfully submitted, Moate of 20th district, Chairman. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following bill of the House to wit: HB 459. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus by extending the city limits; and for other purposes. 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 followin~: bill by substitute of the Senate to wit: SB 205. By Senator Drinkard of the 29th: To be entitled an Act to amend an Act entitled an Act to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county, approved August 24, 1881 (Georgia Laws 1880-81, p. 527) by changing the salary of the Sheriff from $100.00 per annum to $700.00 per annum, etc.; and for other purposes. 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 Senate to wit: SB 199. By Senator Caldwell of the 37th: FRIDAY, FEBRUARY 23, 1945 647 A bill to be entitled An Act to regulate fees of Ex-Officio Clerk of City Court of LaGrange, Georgia, Troup county; and for other purposes. The following bills of the Senate and House favorably reported by the committee were read the second time: SB 209. By Senator Walker of the 45th: A bill to be entitled an Act to provide the Senatorial Executive Committee of the 45th Senatorial District shall make rules and regulations to govern the nomination of candidates for State Senator of said District; and for other purposes. SB 213. By Senator Edenfield of the 2nd: A bill to be entitled an Act to require the Director of Corrections to pay the costs of an inquest where a state prisoner is killed within a State Prison; to require the Director of Corrections to pay costs of any criminal prosecution where the crime is committee by a State prisoner; and for other purposes. SB 227. By Senator Mavity of the 44th: A bill to be entitled an act to provide for wardens recommendations on parole, to provide for construction of an incorrigible prison; to provide for service of the minimum sentences; and for other purposes. SB 228. By Senator Millican of the 52nd: A bill to be entitled an act to supplement the salaries of the judges of the Superior Court of Fulton county; and for other purposes. SB 230. By Senator Stone of the 15th: A bill to be entitled an Act to amend the Act creating the Department of Public Safety (Georgia Laws 1937, pages 322-355) by striking Section 3 of Article V in its entirety, and to renumber the sections accordingly; and for other purposes. SB 210. By Senator Greene of the 21st: A bill to be entitled an Act to prohibit the 'sale of cemetery lots on the representation or inducement that the same may be sold at a profit; and for other purposes. HB 277. By Mr. Durden of Dougherty and others: 648 JOURNAL OF THE SENATE, A bill to authorize the State, Counties, Municipalities or other sub-divisions of the State to contract with the United States for the purchase, lease or acquisition of equipment, supplies or material; and for other purposes. HB 271. By Dr. Moye of Brooks: A bill to pay the Sheriff of Brooks county a salary in addition to fees; and for other purposes. HB 276. By Mr. Sears of Atkinson: A bill to pay the Sheriff of Atkinson county a salary m addition to fees; and for other purposes. HB 234. By Mr. Bloodworth of Bibb and others: A bill to rearrange the Counties composing the 22nd, 26th, 35th and 36th Senatorial Districts of the State; and for other purposes. HB 351. By Mr. Lewis of Hancock: A bill to provide for four terms each year of Hancock Superior Court; and for other purposes. HB 397. By Mr. Ray of Warren: A bill to provide for compensation for a Deputy Clerk of the Superior Court of Warren county; and for other purposes. HB 314. By Mr. Looper of Dawson: A bill to provide a salary for the Sheriff of Dawson county in addition to fees ; and for other purposes. HB 316. By Mr. Ramey of Chattooga: A bill to provide that a second primary shall be held in Chattooga county where a candidate for any county office does not receive a majority of the votes cast; and for other purposes. HB 360. By Mr. McNall of Chatham: A bill to be entitled an Act to repeal Code Section 45-503 and substitute a new section providing that each peddler of fresh water fish shall obtain a license in each county where he sells fish; and for other purposes. HB 305. By Mr. Underwood of Taylor and others: FRIDAY, FEBRUARY 23, 1945 649 A bill to fix the time for holding the Superior Court in Taylor and Harris counties; and for other purposes. H B 134. By Mr. Key of Jasper and others: A bill to authorize the State Board of Social Security to purchase land adjacent to or near lands already under the control of said Board'; and for other purposes. HB 33. By Messrs. Weaver and Bloodworth of Bibb: A bill to amend an Act of the General Assembly approved January 28, 1938 (Georgia Laws 1937-8, pp. 214 et seq.) so as to provide for the reviver of charters; and for other purposes. HB 67. By Mr. Phillips of Columbia: A bill to provide for the payment of premium taxes by all insurance companies doing business in this State to the Insurance Commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes. HB 73. By Mr. Price of Clarke: A bill to create the Servicemens Resettlement Corporation; to authorize the issuance of Revenue Bonds of the Corporation, making such bonds legal investments and exempt from taxation; and for other purposes. HR 29. By Mr. Gowen of Glynn and others: A resolution ratifying and confirming the order of Governor Arnall pertaining to the collection of a tax of one-eighth of one cent per pound on edible crab meat; and for other purposes. HB 269. By Mr. Thompson of Meriwether: A bill to provide that the Clerk of the Superior Court of Meriwether county shall be paid a salary in addition to fees; and for other purposes. HB 511. By Mr. Barrett of Banks: A bill to be entitled an Act to increase the compensation of the County Commissioners and Clerk of the Board in Banks county; and for other purposes. HB 509. By Mr. Rowland of Johnson: A bill to be entitled an Act to provide the Ordinary of Johnson county shall employ a Certified Public Accountant to audit the books of the Commis- 650 JOURNAL OF THE SENATE, swners of Roads and Revenues as of February 28, 1945; and for other purposes. HB 510. By Mr. Sears of Atkinson: A bill to be entitled an Act to fix the date for the election of the Mayor and Aldermen of the Town of Willacoochee; and for other purposes. HB 532. By Mr. Mann of Henry: A bill to be entitled an Act to amend the charter of the City of Stockbridge by extending the corporak limits; and for other purposes. HB 526. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an Act to amend the charter of the City of Columbus by providing a salary of $100.00 per month to the Mayor in addition to a salary as a 'member of the City Commission; and for other purposes. HB 438. By Mr. Dykes of Bleckley: A bill to be entitled an Act to authorize the next grand jury to increase the pay of the Cheriff of Bleckley county by paying a salary of $100.00 a month; and for other purposes. HB 442. By Mr. Burch of Dodge: A bill to be entitled an Act to provide for the appointment of special Deputy Sheriff for Dodge county and to fix his compensation; and for other purposes. HB 409. By Mr. Manous of Cherokee: A bill to provide that the Fiscal Authority of Cherokee county shall pay the cost in misdemeanor cases to county officers; and for other purposes. HB 366. By Messrs. MeN all, Alexander and Connerat of Chatham: A bill to amend the game and fish laws by providing that the State Game and Fish Commission shall employ and have control over all employees of the department, and fixing the salary of the director; and for other purposes. HB 498. By Mr. Watford of Long. A bill to be entitled an Act to amend the charter of the City of Ludowici by extending the city limits; and for other purposes. HB 499. By Messrs. Holleman, Shields and Young of Muscogee: FRIDAY, FEBRUARY 23, 1945 651 A bill to be entitled an Act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses of the city; and for other purposes. HB 494. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus changing the date for holding primary elections for nominating members of the commission of the City of Columbus; and for other purposes. HB 408. By Mr. Holleman of Muscogee and others: A bill to increase fees of the Coroner of M uscogee County; and for other purposes. HB 407. By Mr. Holleman of Muscogee and others: A bill to increase the fees to Coroner Jurors in Muscogee County; and for other purposes. HB 431. By Messrs. Whaley of Telfair, Adams of Wheeler, Morrison of Mont- gomery, Hall of Treutlen, DuPree of Pulaski, Dykes of Bleckley and Burch of Dodge: A bill to be entitled an Act to fix the salary for the Court Reporter of the Oconee Judicial Circuit for reporting and transcribing criminal cases; and for other purposes. Mrs. Belmont Dennis, president of the U. D. C. of the State of Georgia, was presented to the Senate by the president. Senator Millican of the 52nd moved that the following bill be tabled and the motion prevailed. SB 127. By Senators Gross of the 31st, Stone of the 15th and Harrell of the 7th: A bill to be entitled an Act to amend Code Section 34-1904 so as to include Members of the State Senate and House of Representatives shall file notice of their candidacy with the Ordinary of the County; and for other purposes. The following bills of the Senate and House were read the third time and put upon their passage: SB 211. By Senator Walker of the 45th: A bill to be entitled an Act to create a joint Airport Commission for the City of Fitzgerald and County of Ben Hill; and for other purposes. 652 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 313. By Mr. Williams of Jones: A bill to provide a salary for the sheriff of Jones county in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has disagreed to the report of the Committee of Conference, has agreed to Senate Amendment No. l and has disagreed to Senate Amendments Nos. 2 to 49 inclusive, and request another committee of conference to the following resolution of the House to wit: HR ll. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette and others: A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes. The Speaker has appointed on the part of the House as a committee of conference the following members of the House to wit: Messrs. Culpepper of Fayette, Gowen of Glynn and Durden of Dougherty. Senator Millican of the 52nd moved that the Senate insist on its position m amending HR ll and ask that a Committee of Conference be appointed. The president appointed on the part of the Senate the following: Senators Harrell of the 7th, Freeman of the 22nd and Edwards of the 28th. Senator Grayson of the lst moved that the Senate reconsider its action in failing to pass SB 99 by substitute on yesterday. FRIDAY, FEBRUARY 23, 1945 653 SB 99. By Senator Grayson of the 1st: A bill to be entitled an Act to prescribe conditions and regulations for common carriers by aircraft and give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as the Georgia Air Commerce Act; and for other purposes. On motion to reconsider SB 99, Senator Grayson of the 1st moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Bentley Caldwell Causey Cook Deal Edwards Grayson Greene Harrell of 12th Hawes Hill McGinty Norton Peebles Rainey Riley Sabados Shedd Sl~ughter Smith Stone Turner of 35th Walker Wall Welsch Those voting in the negative were Senators: Brown Cloud Drake Edenfield Freeman Gould Harrell of 7th Hodges Holsenbeck Millican Turner of 34th Not voting were Senators Baggett of the 51st, Battle of the 13th, Bennett of the 17th, Branch of the 47th, Chastain of the 41st, Daves of the 14th, Drinkard of the 29th, Gillis of the 16th, Mavity of the 44th, Minchew of the 5th, Moate of the 20th, Moore of the 38th, Nix of the 32nd, Wellborn of the 40th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the motion to reconsider, the ayes were 25, nays 11 and the motion prevailed. Senator Grayson of the 1st asked unanimous consent that the bill be placed at the foot of the calender and that further consideration of this bill be made in January 1946 session of the General Assembly. The consent was granted. 654 JOURNAL OF THE SENATE, SB 129. By Senators Gross of the 31st, Stone of the 15th, Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an act to regulate the operation of road houses, cabin camps, tourist camps and public ?ance halls; and for other purposes. The Committee on State of Republic offered the following amendment: Amend SB 129 by adding the following words to the caption: "and to provide for inspection by the sheriff of the county, and by the State Highway patrol." Further by adding the following section to be appropriately numbered: "Section 20. Every establishment named in this Act shall be subject to inspection by the sheriff of the county and by the Highway patrol." The amendment was adopted. Senator Millican of the 52nd offered the following amendment: Amend SB 129 by making Section 19 read Section 20 and Section 20 read Section 19. The amendment was adopted.. Senator Welsch of the 39th offered the following amendment: Amend SB 129 by inserting the words "restaurants, cafes, or places where food and/or drinks are sold" in the caption after the words "this act" and before the word "and" in said caption. Further amend section one by inserting the words "or operating restaurants, cafes, or places where food and/ or drinks are sold to be consumed at said places" after the word "compensation" and before the word "shall" in said Section. The amendment was adopted. Senator Millican of the 52nd moved the ayes and nays and the motion prevailed. A roll call was ordered and the vote was as follows: Senator Edwards asked unanimous consent that he be permitted to cast his vote on SB 129 and retire. The consent was granted and the Senator voted aye. Those voting in the affirmative were Senators: Baggett Brown Cloud Harrell of 12th Hodges McGinty Slaughter Smith Stone FRIDAY, FEBRUARY 23, 1945 655 Cook Edwards Freeman Greene Millican Norton Peebles Shedd Turner of 34th Turner of 35th Walker Welsch Those voting in the negative were Senators: Chastain Deal Edenfield Grayson Nix Rainey Riley Sabados Not voting were Senators Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Causey of the 46th, Daves of the 14th, Drake of the 8th, Drinkard of the 29th, Gillis of the 16th, Gould of the 4th, Harrell of the 7th, Hawes of the 30th, Hill of the 36th, Holsenbeck of the 27th, Mavity of the 44th, Minchew of the 5th, Moate of the 20th, Wall of the 9th, Wellborn of the 40th and Yawn of the 48th. By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 21, nays 8. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Welsch of the 39th gave notice that at the proper time Monday morning he would move that the Senate reconsider its action on SB 129. The following resolution was read and adopted: SR. 37. By Senator Hawes of the 30th: A resolution by the Senate resenting the charge against the President of the Senate, Frank Gross, made by the House. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock Monday morning. 656 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Monday, February 26, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Prayer and scripture was offered by Rev. J. P. Spear, pastor of the Atlanta Baptist Tabernacle. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, Chairman of the Committee on Journals, reported that the journal of Friday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with. Senator Millican of the 52nd 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 bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting upon third reading for final passage general Senate and House bills. The consent was granted. The president presented to the Senate Hon. Sherwood Broome, editor of The Blackshear Times. The following bills and/or resolutions were introduced, read the first time and referred to committees: SB 234. By Senator Gross of the 31st: A bill to be entitled an act to establish a Merit System in the Classified Service of the State of Georgia; to establish a State Personnel Department and establish a State Personnel Board; and for other purposes. Referred to Committee on State of Republic. MONDAY, FEBRUARY 26, 1945 657 SR 39. By Senators Gross of the 31st, Edenfield of the 2nd, Harrell of the 7th and Edwards of the 28th: A resolution committing the State Administration to promote and make possible an expanded health program; to provide for a State Advisory Council to investigate health facilities and make recommendations to the General Assembly; commending United States Public Health Service for work done in Georgia; and for other purposes. Referred to Committee on Hygiene and Sanitation. :SR 40. By Senators Harrell of the 7th, Edwards of the 28th, Gross of the 31st, Edenfield of the 2nd and Freeman of the 22nd: A resolution directing the Governor to contract for special rates and publication of the amendment revising the Constitution of 1877; and for other purposes. Referred to Committee on State of Republic. SR 41. By Senator Turner of 34th: A resolution proposing an amendment to the Constitution to authorize DeKalb county to levy a tax of 5 mills within the territorial limits of local school districts to be expended for school purposes within the local school district; and for other purposes. Referred to Committee on Amendments to Constitution. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. P'resident: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit: HB 70. By Messrs. Britton and Brooke of Whitfield: A bill to be entitled an Act to require the inoculation of dogs against rabies; to create the office of County Rabies Inspector; and for other purposes. HB 101. By Messrs. Kendrick of Fulton and Holley of Richmond: A bill to be entitled an Act to authorize the Commissioner of Labor to promulgate rules for the prevention of accidents and occupational diseases; and for other purposes. 658 JOURNAL OF THE SENATE, HB 198. By Mr. Greene of Crisp: A bill to be entitled an Act to appropriate funds to pay Corporal R. D. Brown and wife for injuries sustained in a collision with a car of the Department of Public Safety; and for other purposes. HB 224. By Messrs. Rossee of Putnam, Hubert, McCurdy and Broome of DeKalb and others. A bill to be entitled an Act to amend the Act creating the Milk Control Board and to extend the life of the Board to January 1, 1951; and for other purposes. HB 266. By Messrs. Durden of Dougherty, Gowen of Glynn, Kendrick of Fulton and others: A bill to be entitled an Act to amend the Unemployment Compensation Act by changing the name to The Employment Security Agency; by amending, changing and clarifying the provisions of the law as to experience rating; and for other purposes. HB 460. By Messrs. Gowen and Gilbert of Glynn, Durden of Dougherty, MeNall, Alexander and Connerat of Chatham, Hand of Mitchell, Smith of Emanuel, Holleman of Muscogee, Ray of Warren, Evitt of Catoosa, Cheshire of Colquitt, Harrison of Jenkins and Dykes of Bleckley: A bill to be entitled an Act to create the State Ports Authority to promote, develop, construct, equip, maintain and operate State Docks and Terminal Facilities; and for other purposes. HB 524. By Mr. Harrison of Jenkins: A bill to be entitled an Act to provide a method of calling an election in counties that have legalized liquor for the purpose of voting to stop the sale in such counties; and for other purposes. HB 525. By Mr. Harrison of Jenkins: A bill to be entitled an Act to prevent the sale of wine or beer within 100 feet of any school building in this State; and for other purposes. HB 534. By Mr. Murphy of Haralson: A bill to be entitled an Act to fix the salary and expenses of the Commissioner of Roads and Revenues of Haralson county; and for other purposes. HB 541. By Messrs. Gowen and Gilbert of Glynn: MONDAY, FEBRUARY 26, 1945 659 A bill to be entitled an Act to create the Brunswick Port Authority and provide the authority may develop, construct, equip and operate terminal facilities at Brunswick; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. P'resident: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit: HB 542. By Messrs. Hooks and Smith of Emanuel: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Emanuel county at $4,500.00 per annum; and for other purposes. HB 543. By Messrs. Smith and Hooks of Emanuel: A bill to be entitled an Act to fix a new schedule of fees for the Clerk and Sheriff of the City Court of Swainsboro; and for other purposes. HB 545. By Mr. Evitt of Catoosa: A bill to be entitled an Act to amend the charter of the City of Ringgold by extending the city limits; by exempting farm lands within city limits and all livestock and domestic animals from taxation; and for other purposes. HB 546. By Mr. McCracken of Jefferson: A bill to be entitled an Act to extend the city limits of the Town of Wadley; and for other purposes. HB 548. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of the City of College Park by extending the city limits; and for other purposes. HB 550. By Messrs. Holly, King and Harris of Richmond: A bill to be entitled an Act to provide that the Sheriff and Clerk of the Municipal Court of Augusta shall be appointed by the Judge of the Court; and for other purposes. HB 554. By Messrs. Wilson, Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to provide all elections for city officials shall be held from 7 A. M. to 7 P. M. on election day; and for other purposes. 660 JOURNAL OF THE SENATE, HB 558. By Mr. Guyton of Effingham: A bill to be entitled an Act to increase the salary of the Judge of the City Court of Springfield and provide for a referendum; and for other purposes. HB 570. By Mr. Rossee of Putnam: A bill to be entitled an Act to fix the salary of the Deputy Clerk of the County Court to be paid by the county; and for other purposes. HB 572. By Messrs. Chastain and Hart of Thomas: A bill to be entitled an Act to amend the charter of the City of Thomasville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes. HB 573. By Messrs. Chastain and Hart of Thomas: A bill to be entitled an Act to amend the charter of the City of Thomasville to provide for zoning and planning ordinances; and for other purposes: The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following bill of the House to wit: HB 384. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend an Act establishing new charter for City of Atlanta approved February 28, 1874, and the several acts amendatory thereof, by adding a new paragraph dealing with the revenue of the School Department; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., 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 574. By Messrs. Chastain and Hart of Thomas: A bill to be entitled an Act to amend the charter of the City of Thomasville MONDAY, FEBRUARY 26, 1945 661 to clarify the terms of office of the Board of Education and provide for the election of their successors; and for other purposes. HB 581. By Messrs. Gammage and Jennings of Sumter: A bill to be entitled an Act to extend the corporate limits of the City of Americus; and for other purposes. HB 593. By Mr. Mitchell of Monroe: A bill to be entitled an Act to amend the laws creating the office of Tax Commissioner for Monroe County so as to fix a salary for the Tax Commissioner; and for other purposes. HR 56. By Mr. Massey of Dade: A resolution authorizing the Governor to trade certain land owned by the State for 100 acres adjoining the State Park in Dade county; and for other purposes. HR 65. By Messrs. Kelly and Crow of Walker: A resolution directing the Joint Secretary, State Examining Boards to pay B. R. Swanson $490.00 as balance on salary from funds of the State Board of Barber and Hairdresser Examiners; and for other purposes. HB 521. By Mr. Burch of Dodge: A bill to be entitled an Act to incorporate the Town of Amoskeag, in the Town of Amoskeag, in the County of Dodge, to provide for a Mayor and Councilmen and other officers, to prescribe their duties, to provide for the enacting of all necessary ordinances, to provide for penalties for the violation of the same; and for other purposes. 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 as amended of the Senate to wit: SB 180. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. 662 JOURNAL 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 bills and resolutions of the House to wit: HB 569. By Mr. Harrison of Jenkins: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Jenkins County; and for other purposes. HB 594. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an Act to amend the charter of the City of Brunswick, etc.; and for other purposes. HB 597. By Mr. McCracken of Jefferson: A bill to be entitled an Act to amend an Act entitled "An Act creating the City Court of Louisville, Georgia, for the County of Jefferson; to define its jurisdiction and powers," etc.; and for other purposes. HR 33. By Messrs. Ennis and Marion Ennis of Baldwin: A resolution proposing that the State of Georgia iease to the First Presbyterian Church of Milledgeville an additional 25 feet of land along the east side of said present premises, and an additional 25 feet of land along the southern side of the present premises. HR 68. By Messrs. Smith of Bryan, Watford of Long, Glisson of Evans and others: A resolution that the Governor of Georgia, the Agricultural and Industrial Development Board, each department head of the State, all State Officials and employees shall work diligently toward bringing about the return of all property now comprising Camp Stewart military reservation to its original owners, their heirs and assigns, etc. HB 488. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to authorize the authorities of any county having a population of 200,000 to adopt regulations for the prevention of fire and the protection of property and lives against loss by fire in unincorporated areas; and for other purposes. HR 72. By Mr. Morrison of Montgomery: MONDAY, FEBRUARY 26, 1945 663 A resolution authorizing the State Librarian to furnish to the Ordinary of Montgomery county, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals. HR 83. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A resolution proposing to the qualified voters of Georgia to amend Article 8, Section 4, Paragraph 1 of the Constitution to provide that Fulton county can levy a tax for education. The following bills and resolutions of the House were read the first time and referred to the committees: HB 70. By Messrs. Britton and Brooks of Whitfield: A bill to require the inoculation of dogs against rabies; to create the office of County Rabies Inspector; and for other purposes. Referred to Committee on Hygiene and Sanitation. HB 460. By Mr. Gowen of Glynn and others: A bill creating the State Ports Authority to promote, develop, construct, equip, maintain and operate State Docks and Terminal Facilities; and for other purposes. Referred to Committee on State of Republic. HB 266. By Mr. Durden of Dougherty and others: A bill to amend the Unemployment Compensation Act by changing the name to The Employment Security Agency; by amending, changing and clarifying the provisions Of the law as to experience rating; and for other purposes. Referred to Committee on Industrial Relations. HB 101. By Hr. Holley of Richmond and others: A bill to authorize the Commissioner of Labor to promulgate rules for the prevention of accidents and occupational diseases: and for other purposes. Referred to Committee on Industrial Relations. HB 224. By Mr. Rossee of Putnam and others: A bill to amend the Act creating the Milk Control Board and to extend the life of the Board to January 1, 1951 ; and for other purposes. Referred to Committee on State of Republic. 664 JOURNAL OF THE SENATE, HB 198. By Mr. Greene of Crisp: A bill to appropriate funds to pay Corporal R. D. Brown and wife for injuries sustained in a collision with a car of the Department of Public safety; and for other purposes. Referred to Committee on Appropriations. HB 524. By Mr. Harrison of Jenkins: A bill to provide a method for calling an election in counties that have legalized liquor for the purpose of voting to stop the sale in such counties; and for other purposes. Referred to Committee on Temperance. HB 525. By Mr. Harrison of Jenkins: A bill to prevent the sale of wine or beer within a hundred feet of any school building in this state; and for other purposes. Referred to Committee on Temperance. HB 534. By Mr. Murphy of Haralson: A bill to fix the salary and expenses of the Commissioners of Roads and Revenues of Haralson county; and for other purposes. Referred to Committee on Counties and County Matters. HB 541. By Mr. Gowen of Glynn and others: A bill to create the Brunswick Port Authority and provide the authority may develop, construct, equip and operate terminal. facilities at Brunswick; and for other purposes. Referred to Committee on State of Republic. HB 542. By Mr. Hooks of Emanuel: A bill to fix the salary of the Tax Commissioner of Emanuel County at $4,500 per annum; and for other purposes. Referred to Committee on Counties and County Matters. HB 543 By Mr. Smith of Emanuel and others: A bill to fix a new schedule of fees for the Clerk and Sheriff of the city court of Swainsboro; and for other purposes. Referred to Committee on Special Judiciary. MONDAY, FEBRUARY 26, 1945 665 HB 545. By Mr. Evitt of Catoosa: A bill to amend the charter of the City of Ringgold by extending the city limits; by exempting farm lands within city limits and all live stock and domestic animals from taxation; and for other purposes. Referred to Committee on Municipal Government. HB 546. By Mr. McCracken of Jefferson: A bill to extend the city limits of the Town of Wadley; and for other purposes. Referred to Committee on Municipal Government. HB 548. By Mr. Etheridge of Fulton and others: A bill to amend the charter of the Citv of College Park by extending the city limits; and for other purposes. Referred to Committee on Municipal Government. HB 550. By Mr. Holley of Richmond and others: A bill to provide that the Sheriff and Clerk of the Municipal Court of Augusta shall be appointed by the judge of the court; and for other purposes. Referred to Committee on Municipal Government. HB 554. By Mr. Wilson of Bibb and others: A bill to amend the charter of the City of Macon to provide all elections for city officials shall be held from 7:00 A. M. to 7:00 P. M. on election day; and for other purposes. Referred to Committee on Municipal Government. HB 558. By Mr. Guyton of Effingham: A bill to increase the salary of the Judge of the city court of Springfield and provide for a referendum; and for other purposes. Referred to Committee on Counties and County Matters. HB 570. By Mr. Rossee of Putman: A bill to fix the salary of the Deputy Clerk of the County Court to be paid by the county; and for other purposes. Referred to Committee on Counties and County Matters. 666 JOURNAL OF THE SENATE, HB 572. By Mr. Chastain of Thomas: A bill to amend the charter of the City of Thomasville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes. Referred to Committee on Counties and County Matters. HB 574. By Mr. Chastain of Thomas and others: A bill to amend the charter of the City of Thomasville to clarify the terms of office of the Board of Education and to provide for the election of their successors; and for other purposes. Referred to Committee on Municipal Government. HB 581 By Mr. Gammage of Sumter: A bill to extend the corporate limits of the city of Americus; and for other purposes. Referred to Committee on Municipal Government. HB 593. By Mr. Mitchell of Monroe: A bill to amend the laws creating the office of Tax Commissioner for Monroe County so as to fix the salary for the Tax Commissioner; and for other purposes. Referred to Committee on Counties and County Matters. HB 521. By Mr. Burch of Dodge: A bill to be entitled an Act to incorporate the Town of Amoskeag in the County of Dodge; to provide for a Mayor and Council and other officers; and for other purposes. Referred to Committee on Municipal Government. HR 56. By Mr. Massey of Dade: A resolution authorizing the Governor to trade certain land owned by the State for 100 acres adjoining the state park in Dade county; and for other purposes. Referred to Committee on State of Republic. HR 65. By Mr. Kelly of Walker and others: A resolution directing the joint secretary, state examining boards to pay MONDAY, FEBRUARY 26, 1945 667 B. R. Swanson $490.00 as balance on salary from funds of the State Board of Barber and Hairdresser Examiners; and for other purposes. Referred to Committee on Appropriations. HB 573. By Mr. Chastain of Thomas: A bill to amend the charter of the City of Thomasville to provide for zoning and planning ordinances; and for other purposes. Referred to Committee on Municipal Government. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. P'resident: The House has passed by the requisite constitutional majority the following resolution of the House to wit: HR 111. By Mr. Harris of Richmond: A resolution convening a joint session of the House and Senate for the purpose of hearing the A'Capella Choir of Milledgeville, Georgia. 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 168. By Senator Millican of the 52nd: A bill to be entitled an Act to create a Civil Service Board in Fulton county; and for other purposes, so as to provide a complete Merit System for employees of Fulton county; and for other purposes. SB 194. By Senator Minchew of the 5th: A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the Town of Willacoochee, in the County of Coffee and to consolidate and declare the rights and powers of said corporation, etc.; and for other purposes. Senator Harrell of the 7th District, Chairman of the Committee on Amendments to Constitution, submitted the following report: 668 JOURNAL OF THE SENATE, Mr. President: 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 back to the Senate with the following recommendations: SR 18. Do Pass SR 25. Do Pass Respectfully submitted, Harrell of 7th district, Chairman. Mr. Gillis of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report: Mr. President: Your Committee on Game and Fish have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 250. Do Pass Respectfully submitted, Gillis of 16th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the House: SB 122 SB 211 SR 23 Respectfully submitted, Nix of 32nd district, Chairman. Mr. Drinkard of the 29th District, Chairman of the Committee on Enrollment, submitted the following report: MONDAY, FEBRUARY 26, 1945 669 Mr. President: Your Committee on Enrollment have read and examined the following bills and/or resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 103 SB 163 SB 184 SB 114 SB 93 SB 158 SB 173 SB 174 SB 44 SB 35 SB 10 SB 199 SR 17 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Welsch of the 39th 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 286. Do Pass HB 410. Do Pass SB 226. Do Pass Respectfully submitted, Welsch of 39th district, Chairman. 670 JOURNAL OF THE SENATE, Senator Cloud of the 19th District, Chairman of the Committee on Special J udiciary, submitted the following report: Mr. P'resident: 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 451. Do P'ass HB 505. Do Pass HB 497. Do Pass HB 278. Do Pass Respectfully submitted, Cloud of 19th district, Chairman. The following bill and resolutions of the Senate reported favorably by the committees, were read the second time: SR 18. By Senator Millican of the 52nd: A resolution proposing an amendment to Paragraph 1, Section 7, Article 7 of the Constitution authorizing the City of East Point to acquire land and build a home for the East Point members of the American Legion as a memorial to East Point citizens killed in all wars; and for other purposes. SR 25. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2, by providing the Commissioners of Fulton County may levy as one ad valorem tax a sufficient millage to cover all county purposes without making a specific levy for specific purposes; and for other purposes. SB 226. By Senators Moate of the 20th and Mavity of the 44th: A bill to be entitled an act to amend Code Section 92-6907 relating to County Boards of Tax Assessors to provide for the term they may serve; and for other purposes. A sealed communication was received from His Excellency, The Governor, through Honorable M. E. Thompson, executive secretary. Senator Millican of the 52nd asked unanimous consent that the Senate do now MONDAY, FEBRUARY 26, 1945 671 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 12:25 o'clock. The following communication was dispatched to His Excellency, The Governor, through Mrs. Henry W. Nevin, secretary of the Senate: Honorable Ellis Arnall, Governor, State of Georgia, State Capitol, Atlanta, Georgia. February 26, 1945. Dear Governor: Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows: The appointment of Honorable W. D. Tutt of the County of Elbert to be Judge of the City Court of Elberton, Elbert county, for a term beginning December 24, 1944, and expiring December 24, 1948. The vote on this confirmation was 46 to 0. The appointment of Honorable Albert S. Hardy of the County of Hall to be a member of the Board of Regents of the University System of Georgia representing the State at large, replacing Honorable Cason Callaway, resigned, for a term beginning February 26, 1945, and expiring January 1, 1950. The vote on this confirmation was 46 to 0. The appointment of Honorable Cason Callaway of the County of Harris to be a member of the Board of Regents of the University System of Georgia, representing the Third Congressional District, to succeed the Honorable George C. Woodruff, who has resigned because of the pressure of his personal and business affairs, said term beginning as of today and expiring January 1, 1951. The vote on this confirmation was 46 to 0. Respectfully yours, Mrs. Henry W. Nevin, Secretary to Senate. The Senate reconvened in regular session at 12:35 P. M. and resumed the order of business. The following bills of the House reported favorably by the committee, were read the second time: 672 JOURNAL OF THE SENATE, HB 278. By Mr. Durden of Dougherty and others: A bill to provide that a written finding made by the Secretary of War or the Secretary of the Navy of a death of any person shall be received in court, office or other place as evidence of such person's death; and for other purposes. HB 497. By Mr. Watford of Long: A bill to be entitled an Act to amend the act creating the City Court of Ludowici to fix the salary of the Judge and Solicitor of said court; and for other purposes. HB 505. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to provide for a salary for the Solicitor General of the Augusta Judicial Circuit; and for other purposes. HB 451. By Mr. Greer of Lanier: A bill to provide a method for filling vacancies of Mayor or Alderman of the City of Lakeland; and for other purposes. HB 410. By Mr. Manous of Cherokee: A bill to provide a deposit of $10.00 as costs m all divorce suits filed io Cherokee county; and for other purposes. HB 250. By Mr. MeN all of Chatham and others: A bill to provide the manner and method of handling and shipping of oysters in the shell; and for other purposes. HB 286. By Mr. Dorsey of Cobb and others: A bill to fix the salary of the Coroner of Cobb County; and for other purposes. The following House resolution was read and adopted: HR Ill. By Harris of Richmond: A resolution convening a joint session of the House and Senate for the purpose of hearing the A'Capella Choir of Milledgeville, Georgia. The following bills of the Senate were taken up for the purpose of considering a House amendment thereto: MONDAY, FEBRUARY 26, 1945 673 SB 73. By Senator Gross of the 31st and others: A bill to be entitled an Act to provide for the appointment of Fertilizer Inspectors and that the tenure in office shall be at the discretion of the Commissioner of Agriculture; and for other purposes. The House amendment was as follows: By Mr. Twitty of Mitchell: Amend SB 73 by adding the following at the end of said bill, to wit: "Provided, however, that the Commissioner shall not obligate the State of Georgia for any sums beyond the annual appropriations for his department, and provided further that no inspector shall be appointed for any term beyond the term of the Commissioner who appointed him." Senator Gross of the 31st moved that the Senate concur in the House amendment to SB 73. On the motion to concur the ayes were 32, nays 0 and the amendment was concurred in. SB 180. By Senator Millican of the 52nd: A bill to be entitled an Act to create the office of Deputy Recorder to preside in the Recorder's Court and to fix his salary; and for other purposes. The House amendment was as follows: By Messrs. Etheridge, Kendricks and Mrs. Mankin of Fulton: Amend SB 180 as follows: By adding a new sentence at the end of Section 1 of said bill to read as follows: "The Deputy Recorder herein provided for shall be a licensed attorney at law, admitted to practice in the Superior Courts of this State." Seenator Gross of the 31st moved that the Senate concur in the House amendment to SB 180. On the motion to concur the ayes were 35, nays 0, and the amendment was concurred in. The time 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 for the purpose of hearing the A'Capella Choir of Milledgeville, Georgia. The joint session was called to order by the president. The secretary read the resolution convening the joint session. 674 JOURNAL OF THE SENATE, Following the renditions by the A'Capella Choir, 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 bills were read the third time and put upon their passage: SB 162. By Senator Stone of the 15th: A bill to be entitled an Act to repeal Code Section 32-937 and substituting a new section 32-937 providing for free tuition in the public schools to children between 6 and 18 and provide veterans of World War II may attend the schools under rules adopted by the State Board of Education, regardless 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 31, nays 0. The bill having received the requisite constitutional majority, was passed. SB 167. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal in its entirety an act to prevent the practice of fraud upon the public in the sale and use of oleomargarine, approved September 21, 1883 (Georgia Laws 1882-2, page 124) ; and for other purposes. The report 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 177. By Senators Deal of the 49th and Branch of the 47th: A bill to be entitled an act to authorize patrolmen or other employees of the Department of Public Safety, and employes authorized by the Commissioner of Revenue to seize, confiscate and destroy 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 26, 1945 675 SB 178. By Senators Bentley of the 25th, Holsenbeck of the 27th and Greene of the 21st: A bill to be entitled an Act to regulate the marketing of eggs and protect the egg producer; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. Senator Gross of the 31st moved a roll call and the motion prevailed. The roll call was as follows: Those voting in the affirmative were Senators: Causey Cloud Drinkard Greene Holsenbeck Moore Nix Riley Slaughter Those voting in the negative were Senators: Branch Brown Cook Daves Deal Edenfield Edwards Freeman Gould Hawes Millican Minchew Sabados Smith Stone Turner of 34th Turner of 35th Walker Not voting were Senators Baggett, Battle, Bennett, Bentley, Caldwell, Chastain, Drake, Gillis, Grayson, Harrell of 12th, Harrell of 7th, Hill, Hodges, Mavity, McGinty, Moate, Norton, Peebles, Rainey, Shedd, Wall, Welsch, Wellborn and Yawn. By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 9, nays 18. The bill, having failed to receive the requisite constitutional majority, was lost. SB 179. By Senator Millican of the 52nd: A bill to be entitled an Act to provide a pension system for employees of the hospital authority; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed. 676 JOURNAL OF THE SENATE, SB 200. By Senator Daves of the 14th, Millican of the 52nd, Smith of the 24th and Freeman of the 22nd: A bill to be entitled an Act to amend Code Section 92-2907 to provide license tags from destroyed or retired motor vehicles may be transferred to another motor vehicle upon payment of 50 cents; and for other purposes. The report 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 132. By Senator Harrell of the 7th and Causey of the 46th: A bill to be entitled an Act to repeal Code Sections 36-504, 36-506, 36-507 and enacting three new sections relating to "Assessment of value and damages" and "Consequential damages" and "Finding of assessors," how and where entered"; and for other purposes. The report 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 14. The bill, having failed to receive the requisite constitutional majority, was lost. SB 151. By Senators Edenfield of the 2nd and Gould of the 4th: A bill to be entitled an Act to amend an Act approved March 27, 1941 (Georgia Laws 1941, pp. 237-238) by vesting in the Director of the State Highway Department the authority to acquire, build and operate airports; and for other purposes. The report 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 153. By Senator Millican of the 52nd: A bill to be entitled an Act to amend Code Section 12-601 by providing a maximum rate of interest which may be charged when property is pledged or pawned; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, FEBRUARY 26, 1945 677 On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional mkjority, was passed. SB 217. By Senator Grayson of the 1st: A bill to be entitled an Act placing the State Guard under the Military Department of the State; fixing the date for the termination of the State Guard organization; and for other purposes. The report 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 156. By Senator Welsch of the 39th: A bill to be entitled an Act to amend chapter 26-81 of the Code to provide a new section to be known as Section 26-8117, to make it a misdemeanor to empty, dump, or otherwise place trash, garbage, or other discarded materials upon the right-of-way of any public road or highway; and for other purposes. The report 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 228. By Senator Millican of the 52nd: A bill to be entitled an Act to supplement the salaries of the judges of the Superior Court of Fulton county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 209. By Senator Walker of the 45th: A bill to be entitled an Act to provide the Senatorial Executive Committee of the 45th Senatorial District shall make rules and regulations to govern the nomination of candidates for State Senator of said district; and for other purposes. 678 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 206. By Senator Branch of the 47th: A bill to be entitled an Act to provide in all divorce petitions filed in Colquitt county a deposit of $12.00 shall be made as cost; and for other purposes. The report 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 202. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the pension act for the police department of the City of Atlanta to provide method of service and age to retire; to provide amount of pensions to be paid on retirement; to provide for giving credit to members on military leave; and for other purposes. The report 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 201. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the pension act for the Atlanta Fire Department to increase the amounts of pensions to be paid pensioners after twenty-five years of service; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 169. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a pension fund for members of MONDAY, FEBRUARY 26, 1945 679 Fulton County Police Department; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 142. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an Act to repeal Code Sections 34-1401, 34-1402, 34-1403 and Paragraph 7 of Section 40-601 and to reenact a new Paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballots, forms and tally sheets to the ordinaries; and for other pu,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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Smith of the 24th moved that the following bill be postponed until February 28th: SB 197. By Senators Hill of the 36th and Gillis of the 16th: A bill to be entitled an Act to make it a misdemeanor to take any dog, cat or other pet animals in any hotel room or tourist court; and for other purposes. The motion prevailed. Senator Millican of the 52nd moved that the following bill be tabled: SB 192. By Senators Millican of the 52nd, Sabados of the lOth and Gross of the 31st: A bill to be entitled an Act providing that all poll taxes which have accrued for the year 1945 and all previous years which have not been collected are hereby abolished; and for other purposes. On the motion to table SB 192, the ayes were 23, nays 5, and the motion prevailed. Senator Bentley of the 25th moved that HB 169 be withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Agriculture. On the motion to recommit, the ayes were 14, nays 15, and the motion was lost. 680 JOURNAL OF THE SENATE, Senator Welsch of the 39th moved that the Senate reconsider its action in failing to pass SB 129 Friday. On the motion to reconsider, the ayes were 24, nays 5, and the motion prevailed. By unanimous consent SR 38 was withdrawn from the committee on Amendments to Constitution, read the second time and recommitted. Senator Smith of the 24th moved that the following bill be tabled: SB 182. By Senator Walker of the 45th: A bill to be entitled an Act to provide in counties having a population of less than 18;000 now having P.robation Officers, that the county commissioners shall approve his appointment and fix his S'll.lary; and for other purposes. On the motion to table SB 182, the ayes were 20, nays 8, and the motion prevailed. SB 155. By Senators Drake of the 8th and Freeman of the 22nd: A bill to be entitled an Act to amend Code Section 34-3402 to provide that political mass meetings may be held in the courthouse or other public buildings; and for other purposes. The committee on the State of the Republic amends SB 155 as follows: By striking out the words in the caption "or other public building" and substituting the words "or municipal auditorium." By striking out the words "or other public building" wherever they appear in Section 1 and substituting the words "or municipal auditorium" so that said section when amended shall read as follows: Section 1. That Section 34-3402 of the Code of Georgia of 1933 relating to the place of holding mass meetings or conventions, be, and the same is hereby amended by adding after the word "courthouse" in the third line of said section, the words "or municipal auditorium," so that said Section as so amended shall read as follows: "34-3402. Place of holding mass meetings or conventions; notice.-All meetings, mass meetings, county and districts conventions of any political party held in this State shall be held in the county courthouse or municipal' auditorium of the county wherein held, and the day and hour of such meeting or convention shall be posted at the courthouse door 10 days prior to the date therein named for holding such meeting or convention." The amendment was adopted. MONDAY, FEBRUARY 26, 1945 681 The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Hawes of the 30th moved that the following bill be tabled: SB 176. By Senators Hawes of the 20th and Rainey of the 11th: A bill to be entitled an Act to require the inoculation of all dogs in Georgia once a year with rabies vaccine; and for other purposes. The motion prevailed. Senator Harrell of the 7th asked unanimous consent that the following bill be tabled: SB 140. By Senators Harrell of the 7th, Branch of the 47th and Causey of the 46th: A bill to be entitled an Act to empower municipalities and other political subdivisions to promulgate, administer and enforce airport zoning regulations; and for other purposes. The consent was granted. SB 148. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an Act to_ amend Subsections 9, 10, 11, 12 and 13 of Section 34-1303 of the Code providing the Secretary of State shall canvass the votes and transmit the same to the General Assembly and by strikingSubsection 10 in its entirety and renumbering Subsections II, 12 and 13 tO be known as 10, 1l and 12; and for other purposes. The Committee on Privileges and Elections offered the following amendment: Amend SB 148 by adding a new section to be known as Section 3a immediatelyfollowing Section 3 of said bill, to read as follows: "Section 3a. This Act shall become effective from and after Wednesday after the first Monday in August, 1945." The amendment was adopted. The report of the committee, which was favorable to the passage of the bill aSamended, was agreed to. On the passage of the bill, the ayes were 29, nays 0. 682 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed as amended. SB 145. By Senators Causey of the 46th and Harrell of the 7th: A bill to be entitled an Act establishing an optional method to condemn rights of way by the State Highway Department and 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, a roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators: Baggett Bentley Branch Brown Caldwell Causey Chastain Cloud Cook Deal Drake Drinkard Edwards Freeman Greene Harrell of 12th Hawes Hodges Holsenbeck Millican Moore Nix Norton Peebles Riley Shedd Slaughter Stone Walker Wall Those voting in the negative were Senators: Bennett Daves Sabados Not voting were Senators Battle, Edenfield, Gillis, Gould, Grayson, Harrell of 7th, Hill, Mavity, McGinty, Minchew, Moate, Turner of 34th, Turner of 35th, Welsch, Wellborn and Yawn. By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 30, nays 3. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up for the purpose of considering a House substitute thereto: SB 205. By Senator Drinkard of the 29th: A bill to be entitled an Act to fix the salary for the sheriff of Lincoln county in addition to fees; and for other purposes. MONDAY, FEBRUARY 26, 1945 683 The House offered the following substitute: A BILL To be entitled an Act to amend an Act entitled an Act to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county, approved August 24, 1881 .(Georgia Laws 1880-81, page 527) by changing the salary of the Ordinary from $150.00 per annum to $600.00 per annum and by changing the salary of the Sheriff from $100.00 per annum to $700.00 per annum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME. SECTION That the Act approved August 24, 1881 (Georgia Laws 1880-81, page 527) providing for compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county be and the same is hereby amended by striking the following: "and Sheriff of Lincoln county" in the sixth line thereof, and the word "each" in the seventh line thereof, and by placing a semi-colon after the words "per annum" in the eighth line thereof and adding the following thereafter: "the Sheriff of Lincoln county shall receive as extra compensation the sum of $700.00 per annum," and by striking the words "$150.00 per annum" and inserting in lieu thereof the words "$600.00 per annum to be paid in lieu of any and all other salary authorized by law to the Ordinary or to the Superintendent of Roads and Bridges heretofore enacted," so that said Section 1 of the Act approved August 24, 1881, will read as follows: "Section 1. Be it enacted by the General Assembly of Georgia, That, from and after the passage of this Act, the Ordinary of Lincoln county shall receive from the Treasury of said county the sum of $600.00 per annum to be paid in lieu of any and all other salary authorized by law to the Ordinary or to the Superintendent of Roads and Bridges heretofore enacted for s;rvices rendered in attending to the county business of said county, and that the Clerk of the Superior Court shall receive as extra compensation the sum of one hundred dollars per annum; the Sheriff of Lincoln county shall receive as extra compensation the sum of $700.00 per annum." SECTION 2 All laws and parts of laws in conflict herewith are hereby repealed. Senator Drinkard of the 29th moved that the Senate agree to the House substitute. 684 JOURNAL OF THE SENATE, On the motion to agree the ayes were 30, nays 0 and the substitute was agreed to. SB 135. By Senator Causey of the 46th and Harrell of the 7th: A bill to be entitled an Act authorizing county Boards of Education to provide transportation for pupils and school employees; and for other purposes. Senator Caldwell of the 37th offered the following substitute: A BILL To be entitled an Act authorizing county Boards of Education to provide transportation for pupils and .school employees, and to adopt rules and regulations for providing and operating all school busses; authorizing county Boards of Education to purchase school busses, school bus equipment, and school bus supplies; authorizing the State Purchasing Department to purchase school busses, school bus equipment, and school bus supplies upon behalf of county Boards of Education and upon their request for same, and defining the procedure therefor; providing that no State, County, or other school official shall be financially interested in procuring or operating school bus facilities; providing for the punishment of school officials who fail to comply with or who violate provisions of this Act; providing that the constitutionality of any provision of this Act shall not affect any other provisions thereof; and providing for the repeal of Section 32-919 of the 1933 Civil Code of Georgia and of all other laws or parts of laws inconsistent or in conflict with this Act. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: SECTION Inasmuch as the transportation of pupils and school employees is an essential part of the operation of the public schools, whenever a county board of education deems it to be for the best interests of the schools of the county, it shall have the right and power to provide means for the transportation of pupils and school employees, and it shall provide for the control and operation of all school busses within the county; provided such rules and regulations as adopted by the county board of education for providing transportation facilities and for controlling the operation of said facilities shall be in conformity with the laws of the State of Georgia and/or the provisions thereof. SECTION 2 The county boards of education are hereby authorized and empowered to pur- MONDAY, FEBRUARY 26, 1945 685 chase school busses, school bus equipment, and school bus supplies for use in the schools of the respective counties when said school busses, school bus equipment, and school bus supplies are to be publicly owned and operated, subject to the approval of the State Board of Education; provided that said school busses, school bus equipment, and school bus supplies shall be paid for out of the public school funds of the county boards of education making the purchase of such school busses, school bus equipment, and school bus supplies. SECTION 3 The State Purchasing Department is hereby authorized and empowered to purchase school busses, school bus equipment, and school bus supplies on behalf of county boards of education upon the request of said county boards of education, subject to the approval of the State Board of Education, when said school busses, school bus equipment, and school bus supplies are to be publicly owned and operated; provided that said school busses, school bus equipment, and school bus supplies shall be paid for out of public school funds by the county boards of education requesting the purchase of such school busses, school bus equipment, and school bus supplies. SECTION 4 No member of the State Board of Education or employee of the State Department of Education or county school superintendent or member of a county board of education or any other school official shall be financially interested in procuring and operating means or facilities for school bus transportation or in selling school busses, school bus equipment, or school bus supplies to county boards of education. SECTION 5 Should any member of the State Board of Education, or employee of the State Department of Education, or county school superintendent, or member of a county board of education, or any other school official fail to comply with or violate any provision or provisions of this Act, he shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law in such cases. SECTION 6 Should any section, subsection, clause, sentence, phrase, or part of this Act, for any reason, be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Act, and the General Assembly hereby declares that it would have passed this Act, each section, subsection, clause, sentence, phrase, and part thereof, irrespective of the fact that one or more sections, subsection, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. 686 JOURNAL OF THE SENATE, SECTION 7 Section 32-919 of the 1933 Civil Code of Georgia is hereby repealed in its entirety, together with all other laws or parts of laws inconsistent or in conflict with the provisions of this Act. The report of the committee, which was iavorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 31, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. HB 34. By Mr. Harris of Richmond: A bill to provide a tax of 6c per gallon on kerosene when used as motor fuel; and for other purposes. Senator Gross of the 31st moves to amend HB 34 by striking the comma after the word "amended" in the third line of the caption and inserting in lieu thereof a semicolon; by striking the words "by further amending" in the third and fourth lines of the caption and inserting in lieu thereof the words "to further amend". 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. HB 271. By Dr. Moye of Brooks: A bill to pay the sheriff of Brooks county a salary in addition to fees; and for other purposes. Senator Harrell of the 7th offered the following amendment: ' By striking Section II in its entirety and substituting a new section to be known as Section II reading as follows: BE IT FURTHER ENACTED that this Act shall not become effective until approved by a majority of the qualified voters of Brooks county, Georgia, voting at the next general election to be held in August, 1945, as provided by law, and, provided further, that if said bill receives a majority vote in said election it shall MONDAY, FEBRUARY 26, 1945 687 become effective immediately thereafter and shall remain in effect until six months after the duration of the present World War. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 498. By Mr. Watford of Long: A bill to be entitled an Act to amend the charter of the City of Ludowici by extending the city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 510. By Mr. Sears of Atkinson: A bill to be entitled an Act to fix the date for the election of the Mayor and Aldermen of the town of Willacoochee; and for other purposes. The report 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 532. By Mr. Mann of Heiuy: A bill to be entitled an Act to amend the charter of the City of Stockbridge by extending 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 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 526. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus 688 JOURNAL OF THE SENATE, by providing a salary of $100.00 per month to the Mayor in addition to a salary as a member of 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 511. By Mr. Barrett of Banks: A bill to be entitled an Act to increase the compensation of the County Commissioners and Clerk of the Board in Banks county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 509. By Mr. Rowland of Johnson: A bill to be entitled an Act to provide the Ordinary of Johnson county shall employ a certified accountant to audit the books of the Commissioners of Roads and Revenues as of February 28, 1945; and for other purposes. The report of 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 499. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 494. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an Act to amend the charter of the City of Columbua MONDAY, FEBRUARY 26, 1945 689 changing the date for holding primary elections for nominating members of the Commission of the City of Columbus; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 431. By Messrs. Whaley of Telfair, Adams of Wheeler, Morrison of Montgomery, Hall of Treutlen, Dupree of Pulaski, Dykes of Bleckley and Burch of Dodge: A bill to be entitled an Act to fix the salary for the Court Reporter of the Oconee Judicial Circuit for reporting and transcribing 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 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 351. By Mr. Lewis of Hancock: A bill to provide for four terms each year of Hancock 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. HB 305. By Mr. Underwood of Taylor and others: A bill to fix the time for holding the Superior Court in Taylor and Harris counties; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 276. By Mr. Sears of Atkinson: 690 JOURNAL OF THE SENATE, A bill to pay the sheriff of Atkinson county a salary in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 443. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an Act to authorize the Board of Education of Fulton county to call elections on the issuing of school bonds without the necessity of a petition signed by ( ~) one-fourth of the registered 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 27, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 341. By Mr. Etheridge of Fulton and others: A bill to provide for the Civil Service System in the Fulton county Probation Office; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 314. By Mr. Looper of Dawson: A bill to provide a salary for the sheriff of Dawson county in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 316. By Mr. Ramey of Chattooga: A bill to provide that a second primary shall be held in Chattooga county MONDAY, FEBRUARY 26, 1945 691 where a candidate for any county office does not receive a majority of the, votes cast; and for other purposes. The report 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 397. By Mr. Ray of Warren: A bill to provide for compensation for a Deputy Clerk of the Superior Court of Warren 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 339. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to fix the amount of fees to be collected and held by the . Coroner of Fulton county and to provide for an office and clerical assistant; and for other purposes. The report 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 407. By Mr. Holleman of Muscogee and others: A bill to increase the fees to Coroner Jurors in M uscogee 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. HB 408. By Mr. Holleman of Muscogee and others: A bill to increase fees of the Coroner of Muscogee county; and for other purposes. 692 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 409. By Mr. Manous of Cherokee: A bill to provide that the fiscal authority of Cherokee county shall pay the cost in misdemeanor cases to county officers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 438. By Mr. Dykes of Bleckley: A bill to be entitled an Act to authorize the next Grand Jury to increase the pay of the sheriff of Bleckley county by paying a salary of $l00.00 a 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 442. By Mr. Burch of Dodge: A bill to be entitled an Act to provide for the appointment of special Deputy Sheriff for Dodge county and 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 269. By Mr. Thompson of Meriwether: A bill to provide that the Clerk of the Superior Court of Meriwether county shall be paid a salary in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, FEBRUARY 26, 1945 693 On the passage of the bill, a roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators: Bennett Branch Brown Causey Cloud Cook Daves Deal Drake Edwards Freeman Gillis Gould Harrell of 7th Hawes Hodges Holsenbeck Millican Minchew Moate Moore Nix Norton Peebles Riley Sabados Shedd Slaughter Smith Turner of 35th Walker Wall Welsch Those voting in the negative were Senators: Harrell of 12th Not voting were Senators Baggett, Battle, Bentley, Caldwell, Chastain, Drinkard, Edenfield, Grayson, Greene, Hill, Mavity, Rainey, Stone, Wellborn and Yawn. By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 33, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Causey of the 46th asked unanimous consent that SB 207 be postponed until February 27, 1945, and the motion prevailed. Senator Causey of the 46th asked unanimous consent that SB 159 be postponed until tomorrow and the motion prevailed. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until 10 o'clock tomorrow morning. 694 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Tuesday, February 27, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Scripture reading and prayer were offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions previously reported favorable for passage. 5. Putting on third reading for final passage local Senate and House bills and general bills with local application. 6. Putting on third reading for final passage general House and Senate bills. The consent was granted. The following bills and/ or resolutions were introduced, read the first time and referred to committees: SR 42. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 7, Section 1, Paragraph 1 of the Constitution to provide additional powers of taxation over the State by the General Assembly to plan, promote, advertise, foster, develop and improve natural resources, roads, bridges, ports, agriculture, industry, markets, employment and transportation, and to assist county, municipal, regional or port authorities so engaged under such conditions as may be prescribed by the General Assembly; and for other purposes. Referred to Committee on Amendments to Constitution. TUESDAY, FEBRUARY 27, 1945 695 SR 43. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 3 of the Constitution to provide "The General Assembly may provide in such manner, by such means and upon such terms and conditions as it may prescribe for low rent housing for persons of low income as defined by law, or for the clearance, replanning, reconstruction and rehabilitation of substandard and insanitary areas, or for both such purposes, and for recreational and other facilities incidental or appurtenant thereto"; and for other purposes. Referred to Committee on Amendments to Constitution. SR 44. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution by adding at the end the following: "to pay the expenses of a development board or any other board however named, for planning and development for any area within the county or the proportionate part of the expenses of such a board extending outside of the county but embracing an area within the county"; and for other purposes. Referred to Committee on Amendments to Constitution. SR 45. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 5 by adding a new section as follows: "Municipalities shall have the right of eminent domain, including the right to condemn private property in substandard or insanitary areas for development to clear slums upon such conditions as may be prescribed by the General Assembly"; and for other purposes. Referred to Committee on Amendments to Constitution. SR 46. By Senator Minchew of the 5th: A resolution requesting Governor Arnall to issue a proclamation reducing Chauffeur's license age minimum to sixteen ( 16) years; and for other purposes. Referred to Committee on Motor Vehicles. Mr. Harrell of the 7th District, Chairman of the Committee on Amendments to Constitution submitted the following report: Mr. P'resident: Your Committee on Amendments to Constitution have had under consideration the following resolution of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendation: 696 JOURNAL OF THE SENATE, SR 41. Do P'ass Respectfully submitted, Harrell of 7th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HB 422. Do Not Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Moate of the 20th 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 556. Do Pass HB 470. Do Pass HB 312. Do Pass HB 562. Do Pass HB 344. Do Pass HB 527. Do Pass HB 512. Do Pass HB 570. Do Pass HB 557. Do Pass HB 572. Do Pass Respectfully submitted, Moate of 20th district, Chairman. TUESDAY, FEBRUARY 27, 1945 697 Mr. Turner of the 34th 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 573. Do Pass HB 545. Do Pass HB 574. Do Pass HB 550. Do Pass HB 581. Do Pass HB 533. Do P'ass HB 554. Do Pass HB 461. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Nix of the 32nd District, Chairman of the Committee on Engrossing, -submitted the following report: Mr. President: Your Committee on Engrossing have read and examined the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate as correct and ready for transmission to the House: SB 135 SB 148 SB 155 SB 156 SB 179 SB 228 SB 153 698 SB 162 SB 169 SB 182 SB 202 SB 209 SB 142 SB 145 SB 151 SB 167 SB 177 SB 200 SB 201 SB 206 SB 149 SB 128 SB 150 JOURNAL OF THE SENATE, Respectfully submitted, Nix of 32nd district, Chairman. Mr. Slaughter of the 50th District, Chairman of the Committee on University of Georgia, submitted the following report: Mr. President: Your Committee on University of Georgia have had under consideration the following bill and resolution of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HR 46. Do Pass HB 133. Do Pass Respectfully submitted, Slaughter of 50th district, Chairman. TUESDAY, FEBRUARY 27, 1945 699 Mr. Cloud of' the 19th 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 hack to the Senate with the following recommendations: HB 402. Do Pass as amended HB 298. Do Pass Respectfully submitted, Cloud of 19th district, Chairman. Mr. Freeman of the 22nd 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 234. Do Pass SB 219. Do Pass SB 220. Do Pass SB 225. Do P'ass SB 232. Do Pass SR 40. Do Pass HB 212. Do Pass HB 175. Do Pass HB 541. Do Pass HB 224. Do Pass HB 342. Do Pass HB 319. Do Pass HB 288. Do Pass 700 JOURNAL OF THE SENATE, HB 353. Do P'ass HR 58. Do Pass HR 56. Do Pass HB 460. Do Pass Respectfully submitted, Freeman of 22nd district, Chairman. Mr. Norton of the 33rd District, Chairman of the Committee on Insurance, submitted the following report: Mr. President: Your Committee on Insurance have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the following recommendations: SB 233. Do Pass Respectfully submitted, Norton of 33rd 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 193. By Senator Cook of the 42nd: A bill to be entitled an Act to amend the charter of the City of Summerville by extending the city limits; and for other purposes. SB 214. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to amend an Act entitled "An Act to amend, consolidate, and supersede the several Acts incorporating the City of Sylvania; to create a new charter and municipal government for said city; and for other purposes. TUESDAY, FEBRUARY 27, 1945 701 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 340. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to repeal the Civil Service System for Fulton county police; and for other purposes. HB 602. By Mr. Sills of Candler: A bill to be entitled an Act to amend an Act providing compensation for sheriff of Candler county; and for other purposes. 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 82. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A resolution proposing to the qualified voters of the State an amendment to Article 7, Section 7, Paragraph 1 of the Constitution to authorize Fulton County, The Fulton County Board of Education, etc., to incur new debts, etc. HR 96. By Mr. Etheridge of Butts: A resolution that the State Librarian be authorized and directed to furnish the Clerk of the Superior Court of Butts county, Georgia, without cost except for payment of packing and transportation charges, Vols. 1 through 180 of Georgia Superior Court Reports, and Vols. 1 through 60 of Georgia Court of Appeals Reports. 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: 702 JOURNAL OF THE SENATE, HB 140. By Messrs. Arnold of Spalding and Ray of Warren: A bill to be entitled an Act to amend Chapter 13-20 of the Code of Georgia of 1933, relating to the Regulation of the Business of Banking, by adding a new section; and for other purposes. . HB 233. By Messrs. Durden of Dougherty, Phillips of Columbia, Harrison of Jenkins and others: A bill to be entitled an Act to make it unlawful for any building and loan association, bank or other loan agency, or individual making loans on real property, or any agent or employee thereof, to directly or indirectly require the borrower to cancel an policy of insurance covering property offered as collateral, etc.; and for other purposes. HB 242. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an Act to amend Section 52-502 of the Annotated Code of Georgia headed "Wife's property, when separate," etc.; and for other purposes. HB 424. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton: A bill to be entitled an Act to amend an Act entitled "An Act to provide a budget in all counties in this State having a population of 200,000 or more, etc. ; and for other purposes. HB 500. By Mr. Manous of Cherokee: A bill to be entitled an Act to provide the dates of holding three terms of the Superior Court of Cherokee county; and for other purposes. HB 502. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of Muscogee county to adopt zoning ordinances, to name building inspectors and require building permits; and for other purposes. HB 508. By Mr. DuPree of Pulaski: A bill to be entitled an Act to provide a salary for the sheriff of Pulaski county in addition to fees; and for other purposes. HB 518. By Mr. Giddens of Calhoun: A bill to be entitled an Act to require a deposit with the Clerk of $10.00 with each petition for divorce as costs in Calhoun Superior Court; and for other purposes. TUESDAY, FEBRUARY 27, 1945 703 HB 529. By Messrs. Gilbert and Gowen of Glynn: A bill to be entitled an Act to abolish the offices of Justices of the Peace in Glynn county and to abolish the present City Court of Brunswick and establish a new city court; and for other purposes. HB 530. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to be entitled an Act to provide in all petitions for divorce in Colquitt county a deposit of $12.00 shall be made for costs; and for other purposes. HB 531. By Mr. Malone of Laurens: A bill to be entitled an Act to authorize municipal and county officials in Laurens county to license coin operated machines; and for other purposes. HB 540. By Mr. Moye of Brooks: A bill to be entitled an Act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in line of duty; and for other purposes. HB 560. By Mr. Mann of Rockdale: A bill to be entitled an Act to provide for two advisors to the County Commissioner of Rockdale county from districts other than the district of the Commission; to provide for competitive bids on the purchase of supplies and materials in excess of $1,000.00; and for other purposes. HB 564. By Mr. Williams and Hinson of Ware: A bill to be entitled an Act to raise the limit of tax in Waycross for school purposes from 10 to 15 mills; and for other purposes. 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 458. By Mr. Hogg of Marion: A bill to be entitled an Act to pay the sheriff of Marion county a salary in addition to fees; and .for other purposes. HB 496. By Messrs. Holleman, Shields and Young of M uscogee: 704 JOURNAL OF THE SENATE, A bill to be entitled an Act to authorize Muscogee county to assign identifying numbers to all dwellings, stores and other structures in the county outside of municipalities; and for other purposes. HB 536. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to increase the salary of the special criminal bailiff in Richmond county; and for other purposes. HB 537. By Messrs. Harris, Holley and King of Richmond: A bill to be entitled an Act to fix the salary of the Court Reporter, Bailiff and Stenographer of the Solicitor General in Richmond Superior Court; and for other purposes. HB 538. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the Assistant Solicitor of the City Court of Augusta; and for other purposes. HB 547. By Mr. Gary of Quitman: A bill to be entitled an Act to abolish the county court of Quitman county; and for other purposes. HB 549. By Messrs. Holley, Harris and King of Richmond: A bill to be entitled an Act to provide a clerk in the office of the Solicitor of the City Court of Augusta; and for other purposes. HB 553. By Messrs. Wilson, Weaver and Bloodworth of Bibb: A bill to be entitled an Act to propose an amendment to Article 7, Section 6, Paragraph 2 of the Constitution to provide Bibb county may levy a tax to create a Retirement Fund for county employees; and for other purposes. HB 559. By Mr. Evitt of Catoosa: A bill to be entitled an Act to provide that the Clerk of Superior Court of Catoosa county shall attend all trials in the Court of Ordinary for violation of traffic laws; and for other purposes. HB 563. By Dr. Witherington of Wilcox: A bill to be entitled an Act to require a deposit of $10.00 as costs m all divorce petitions filed in Wilcox county; and for other purposes. TUESDAY, FEBRUARY 27, 1945 705 HB 571. By Messrs. Chastain and Hart of Thomas: A bill to be entitled an Act to authorize the City of Thomasville to open or close streets or alley ways, or parts thereof; and for other purposes. HB 579. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to provide for a stenographer to be present and report proceedings before the Grand Jury in Fulton county; and for other purposes. HB 586. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to provide that Atlanta and Decatur, Fulton and DeKalb counties may build, lease or acquire joint ownership in trade and vocational schools to be located within or without the limits of such municipalities; and for other purposes. HB 587. By Messrs. Smith and Hooks of Emanuel, McCracken of Jefferson and others: A bill to be entitled an Act to provide a salary for the Court Reporter of the middle Judicial Circuit in lieu of other compensation; and for other purposes. HB 598. By Mr. Giddens of Calhoun: A bill to be entitled an Act to provide a salary to the sheriff of Calhoun county in addition to fees; and for other purposes. The following bills of the House were read the first time and referred to the committees: HB 569. By Mr. Harrison of Jenkins: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Jenkins county; and for other purposes. Referred to Committee on Counties and County Matters. HB 553. By Messrs. Wilson, Weaver and Bloodworth of Bibb: A bill to be entitled ar;t Act to propose an amendment to Article 7, Section 6, Paragraph 2 of the Constitution to provide Bibb county may levy a tax to create a Retirement Fund for county employees ; and for other purposes. Referred to Committee on Amendments to Constitution. 706 JOURNAL OF THE SENATE, HB 233. By Mr. Durden of Dougherty and others: A bill to make it unlawful for any Building and Loan Association, Bank or other lending agency, to require a borrower to cancel any insurance on property offered as collateral; and for other purposes. Referred to Committee on State of Republic. HB 140. By Mr. Arnold of Spalding and others: A bill to relieve banks from liability for cashing checks bearing forged or unauthorized indorsements unless claim is filed within one year; and for other purposes. Referred to Committee on Banks and Banking. HB 242. By Mr. Hand of Mitchell and others: A bill to amend Section 53-502 of the Annotated Code of Georgia headed "Wife's property, when separate," by adding the following language: "and in all cases where the wife's personal property is injured, damaged or destroyed by the husband, the husband shall be liable to the wife"; and for other purposes. Referred to Committee on General Judiciary No. 1. HB 564. By Messrs. Williams and Hinson of Ware: A bill to be entitled an Act to raise the limit of tax in Waycross for school purposes from 10 to 15 mills; and for other purposes. Referred to Committee on Municipal Government. HB 597. By Mr. McCrackenof Jefferson: A bill to be entitled an Act to amend the Act creating a City Court of Louisville by providing for the trial of civil and criminal cases before the judge without a jury: and for other purposes. Referred to Committee on Counties and County Matters. HB 536. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to increase the salary of the special criminal bailiff in Richmond county; and for other purposes. Referred to Committee on Counties and County Matters. HB 537. By Messrs. Harris, Holley and King of Richmond: A bill to be entitled an Act to fix the salary of the Court Reporter, Bailiff TUESDAY, FEBRUARY 27, 1945 707 and Stenographer of the Solicitor General in Richmond Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 458. By Mr. Hogg of Marion: A bill to pay the sheriff of Marion county a salary in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 547. By Mr. Gary of Quitman:_ A bill to be entitled an Act to abolish the county court of Quitman county; and for other purposes. Referred to Committee on Counties and County Matters. HB 549. By Messrs. Holley, Harris and King of Richmond: A bill to be entitled an Act to provide a clerk in the office of the Solicitor of the City Court of Augusta; and for other purposes. Referred to Committee on Counties and County Matters. HB 559. By Mr. Evitt of Catoosa: A bill to be entitled an Act to provide that the Clerk of Superior Court of Catoosa county shall attend all trials in the Court of Ordinary for violation of traffic laws; and for other purposes. Referred to Committee on Counties and County Matters. HB 563. By Dr. Witherington of Wilcox: A bill to be entitled an Act to require a deposit of $10.00 as costs in all divorce petitions filed in Wilcox county; and for other purposes. Referred to Committee on Counties and County Matters. HB 424. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the Fulton County Budget Act to provide that the county may contract with and maintain wholly or jointly with some other municipality or county a hospital authority; and for other purposes. Referred to Committee on Counties and County Matters. HB 529. By Messrs. Gilbert and Gowen of Glynn: 708 JOURNAL OF THE SENATE, A bill to be entitled an Act to abolish the offices of Justices of the Peace in Glynn county and to abolish the present City Court of Brunswick and establish a new City Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 530. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to be entitled an Act to provide in all petitions for divorce in Colquitt county a deposit of $12.00 shall be made for costs; and for other purposes. Referred to Committee on Counties and County Matters. HB 531. By Mr. Malone of Laurens: A bill to be entitled an Act to authorize municipal and county officials in Laurens county to license coin operated machines; and for other purposes. Referred to Committee on Counties and County Matters. HB 540. By Mr. Moye of Brooks: A bill to be entitled an Act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in. line of duty; and for other purposes. Referred to Committee on Counties and County Matters. HB 560. By Mr. Mann of Rockdale: A bill to be entitled an Act to provide for two advisors to the County Commissioner of Rockdale county from districts other than the district of the commission; to provide for competitive bids on the purchase of supplies and materials in excess of $1,000.00; and for other purposes. Referred to Committee on Counties and County Matters. HB 594. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an Act to amend the charter of the City of Brunswick to authorize the commission to close portions of Cleborn Street, Bartow Street, Johnson Street, Gordon Street, Lee Street and Stonewall Street lying in what is known as the "Mitchell and Jones Tract"; to provide the city may convey to Hercules Powder Company certain property in exchange with the company for other lands; and for other purposes. Referred to Committee on Municipal Government. HB 587. By Messrs. Smith and Hooks of Emanuel, McCracken of Jefferson and Sills of Candler: TUESDAY, FEBRUARY 27, 1945 709 A bill to be entitled an Act to provide a salary for the Court Reporter of the middle Judicial Circuit in lieu of other compensation; and for other purposes. Referred to the Committee on General Judiciary No. 1. HB 586. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A hill to be entitled an Act to provide that Atlanta and Decatur, Fulton and DeKalb counties may build, lease or acquire joint ownership in trade and vocational schools to be located within or without the limits of such municipalities; and for other purposes. Referred to Committee on Counties and County Matters. HB 598. By Mr. Giddens of Calhoun: A hill to be entitled an Act to provide a salary to the sheriff of Calhoun county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 579. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to provide for a stenographer to be present and report proceedings before the Grand Jury in Fulton county; and for other purposes. Referred to the Committee on General Judiciary No. 1. HB 571. By Messrs. Chastain and Hart of Thomas: A bill to be entitled an Act to authorize the City of Thomasville to open or close streets or alley ways, or parts thereof; and for other purposes. Referred to the Com~ittee on Municipal Government. HB 500. By Mr. Manous of Cherokee: A bill to be entitled an Act to change the date of holding three terms of the Superior Court of Cherokee county; and for other purposes. Referred to Committee on Counties and County Matters. HB 502. By Messrs~ Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of M uscogee county to adopt zoning ordinances, to name building inspectors and require building permits; and for other purposes. Referred to Committee on Counties and County Matters. 710 JOURNAL OF THE SENATE, HB 496. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an Act to authorize Muscogee county to assign identifying numbers to all dwellings, stores and other structures in the county outside of municipalities; and for other purposes. Referred to Committee on Counties and County Matters. HB 488. By Messrs. Etheridge, Kendrick: and Mrs. Mankin of Fulton: A bill to be entitled an Act to a~thorize the authorities of Fulton county to adopt regulations for the prevention of fire and protection of property and lives against loss in unincorporated areas; to provide for zoning regulations and control of storage of inflammable materials and explosives; and for other purposes. Referred to Committee on Counties and County Matters. HB 508. By Mr. DuPree of P'ulaski: A bill to be entitled an Act to provide a salary for the sheriff of Pulaski county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 518. By Mr. Giddens of Calhoun: A bill to be entitled an Act to require a deposit with the Clerk of $10.00 with each petition for divorce as costs in Calhoun Superior Court; and for other purposes. Referred to Committee on Counties and County Matters. HB 538. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to fix the salary of the Assistant Solicitor of the City Court of Augusta; and for other purposes. Referred to Committee on Municipal Government. HB 602. By Mr. Sills of Candler: A bill to provide a salary for the sheriff of Candler county in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. HB 340. By Mr. Etheridge of Fulton and others: A bill to repeal the Civil Service System for Fulton county police; and for other purposes. TUESDAY, FEBRUARY 27, 1945 711 Referred to Committee on Counties and County Matters. HR 72. By Mr. Morrison of Montgomery: A resolution authorizing the State Librarian to furnish the Ordinary of Montgomery county certain volumes of the Georgia Reports and Court of Appeals Reports; and for other purposes. Referred to Committee on State of Republic. HR 68. By Mr. Smith of Bryan and others: A resolution directing the Governor, the Agricultural and Industrial Development Board, each department head, and all State employees to work towards bringing about the return of all property comprising Camp Stewart Military Reservation to its original owners; and for other purposes. Referred to Committee on State of Republic. HR 33. By Mr. Ennis of Baldwin: A resolution to provide that the State shall lease to the First Presbyterian Church of Milledgeville additional land; and for other purposes. Referred to Committee on State of Republic. HR 96. By Mr. Etheridge of Butts: A resolution to authorize the State Librarian to furnish the Clerk of the Superior Court of Butts county certain copies of reports of the Supreme Court and Court of Appeals; and for other purposes. Referred to Committee on State of Republic. HR 82. By Mr. Etheridge of Fulton and others: A resolution proposing an amendment to Article 7, Section 7, Paragraph 1 of the Constitution to authorize Fulton county or any city. or political subdivision wholly within Fulton county to incur new debts upon assent of two-thirds of the qualified voters; and for other purposes. Referred to Committee on Amendments to Constitution. HR 83. By Mr. Etheridge of Fulton and others: A resolution proposing an amendment to Article 8, Section 4, Paragraph 1 of the Constitution to authorize Fulton county to levy a tax of not less than 5 mills nor greater than 15 mills for educational purposes; and for other purposes. 712 JOURNAL OF THE SENATE, Referred to Committee on Amendments to Constitution. The following bills of the Senate and House favorably reported by committees were read the second time: HB 402. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend Section 35 of the Corporation Act approved January 28, 1938, to make it apply to any corporation incorporated under an Act of the General Assembly authorizing Superior Courts to grant charters; and for other purposes. HB 461. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend the charter of the City of Macon to fix the salary of the Mayor; and for other purposes. HB 533. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the charter of Union City by providing hours for keeping polls open; to raise the amount persons may be fined in Mayors Court; to provide for ordinances regulating motor vehicles; and for other purposes. HB 556. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to empower Muscogee county to construct and extend public sewers and charge rates and fees for the maintenance thereof; and for other purposes. HB 557. By Mr. Barwick of Grady: A bill to be entitled an Act to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes. HB 562. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an Act to provide a Pension Fund for employees of M uscogee county; and for other purposes. HB 541. By Mr. Gowen of Glynn and others: A bill to create the Brunswick Port authority and provide the authority may develop, construct, equip and operate terminal facilities at Brunswick; and for other purposes. HB 212. By Mr. Gowen of Glynn: A bill to amend an Act approved March 31, 1937 (Georgia Laws 1937, pp. TUESDAY, FEBRUARY 27, 1945 713 760-761) so as to restrict such seven year limitation to instruments covering personal property only; and for other purposes. HB 298. By Mr. Weaver of Bibb and others: A bill to provide for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will or otherwise, whether reserved by the holder of such power are conferred upon such holder by another; and for other purposes. HB 288. By Mr. Alexander of Chatham and others: A bill to repeal existing laws relating to pilotage commissions in the several ports in this State; to provide for licensing and retirement of pilots; and for other purposes. HB 344. By Mr. Etheridge of Fulton and others: A bill to propose an amendment to Paragraph 2 of Article 7 of the Constitution, to provide for the payment of pensions or retirement pay t() widows and minor children of county employees of Fulton county; and for other purposes. HB 470. By Mr. Willoughby of Clinch: A bill to be entitled an Act to provide for filling vacancies in the office of Solicitor of Clinch County Court; and for other purposes. HB 527. By Mr. Williams of Appling: A bill to be entitled an Act to authorize the county authorities in Applingcounty to pay the salary of the Judge of City Court of Baxley in quarterlypayments; and for other purposes. HB 175. By Mr. Rossee of Putnam and others: A bill to amend a Uniform Narcotic Drug Act by including insonipocaneand giving a definition of same; and for other purposes. HB 319. By Mr. Gowen of Glynn: A bill to create a petroleum oil and gas commission; to authorize the commission to deal with state lands; and for other purposes. HB 554. By Mr. Wilson of Bibb and others: A bill to amend the charter of the City of Macon to provide all elections for city officials shall be held from 7:00 A. M. to 7:00 P'. M. on election day; arid for other purposes. 714 JOURNAL OF THE SENATE, HB 570. By Mr. Rossee of Putnam: A bill to fix the salary of the Deputy Clerk of the County Court to be paid by the county; and for other purposes. HB 572. By Mr. Chastain of Thomas: A bill to amend the charter of the City of Thomasville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes. HB 224. By Mr. Rossee of Putnam and others: A bill to amend the Act creating the Milk Control Board and to extend the life of the Board to January 1, 1951; and for other purposes. HB 545. By Mr. Evitt of Catoosa: A bill to amend the charter of the City of Ringgold by extending the city limits; by exempting farm lands within city limits and all live stock and domestic animals from taxation; and for other purposes. HB 573. By Mr. Chastain of Thomas: A bill to amend the charter of City of Thomasville to provide for zoning and planning ordinances; and for other purposes. HR 56. By Mr. Massey of Dade: A resolution authorizing the Governor to trade certain land owned by the State for 100 acres adjoining the State park in Dade county; and for other purposes. HB 581. By Mr. Gammage of Sumter: A bill to extend the corporate limits of the City of Americus; and for other purposes. HB 133. By Mr. Dykes of Bleckley and others: A bill to author.ize the Governor to purchase land and equipment to establish a Live Stock Experiment Station and to provide for the sale of the increase of live stock; and for other purposes. HB 574. By Mr. Chastain of Thomas and others: A bill to amend the charter of the City of Thomasville to clarify the terms of office of the Board of Education and to provide for the election of their successors; and for other purposes. TUESDAY, FEBRUARY 27, 1945 715 HB 353. By Mr. Harris of Richmond and others: A bill to amend Paragraph 5 of Code Section 40-208, to provide that the Secretary of State shall keep a book of commissions showing the dates when issued for all officers, civil and military; and for other purposes. HB 312. By Mr. Griswell of Gwinnett: A bill to provide a salary for the sheriff of Gwinnett county in addition t(} fees; and for other purposes. HB 512. By Mr. Watford of Long: A bill to be entitled an Act to provide for five road distl1icts in Long cmmty; to provide for five commissioners of Roads and Revenues, the method of electing; and for other purposes. HR 46. By Mr. Ennis of Baldwin: A resolution vesting title to "The Jarratt Spring Lot" in the Board of Regents of the University System of Georgia, said lot being located in Milledgeville; and for other purposes. HR 58. By Messrs. Phillips of Columbia, Harrison of Jenkins, Gowen of Glynn and McCracken of Jefferson: A resolution creating the Alton Cogdell Memorial Association Commission; and for other purposes. SR 41. By Senator Turner of 34th: A resolution proposing an amendment to the Constitution to a\lthorize- DeKalb county to levy a tax of 5 mills within the territorial limits of local school districts to be expended for school purposes within the local school district; and for other purposes. HB 550. By Mr. Holley of Richmond and others: A bill to provide that the sheriff and clerk of the municipal court of Augusta shall be appointed by the judge of the court; and for other purposes. HB 460. By Messrs. Gowen and Gilbet"t of Glynn, Durden of Dougherty, McNall,. Alexander and Connerat of Chatham, Hand of Mitchell, Smith of Emanuel. Holleman of Muscogee, Ray of Warren, Evitt of Catoosa, Cheshire of Colquitt, Harrison of Jenkins and Dykes of Bleckley: A bill to be entitled an Act creating the State Ports Authority to promote,.. 716 JOURNAL OF THE SENATE, develop, construct, equip, maintain and operate State Docks and Terminal Facilities; and for other purposes. SB 232. By Senator Harrell of the 7th: A bill to be entitled an Act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate soldiers' home; to provide maintenance at said home to be in lieu of pensions; and for other purposes. SB 219. By Senator Gross of the 31st: A bill to b entitled an Act to repeal Code Sections 24-4301, 24-4302 and 24-4303 relating to shorthand writers in the Supreme Court and substituting a new Section 24-4301 relating to law assistants, their duties, and salaries; and for other purposes. SB 220. By Senator Gross of the 31st: A bill to be entitled an Act to create a "Redevelopment Companies Law"; to provide for redevelopment companies in any municipality to plan, clear, construct, reconstruct housing projects and buildings; to provide for issuance of stocks, bonds, debentures and notes; to provide for condemnation and for tax adjustments; and for other purposes. SB 225. By Senator Gross of the 31st: A bill to be entitled an Act providing for the creation, regulation and duration of Express Trusts and trustees; to provide the terms, powers and duties of trustees, investment of trust funds; providing for jurisdiction by the Superior Courts; to provide for the removal of trustees; and for other purposes. SB 234. By Senator Gross of the 31st: A bill to be entitled an Act to establish a Merit System in the Classified Service of the State of Georgia; to establish a State Personnel Department and establish a State Personnel Board; and for other purposes. SB 233. By Senators Norton of the 33rd, Brown of the 6th, Greene of the 21st and Hodges of the 26th: A bill to be entitled an Act to amend Code Section 56-101 by striking the Comptroller General as Insurance Commissioner and provide for an Insurance Commissioner to be appointed by the Governor, and to create an Insurance Department of the State of Georgia; and for other purposes. TUESDAY, FEBRUARY 27, 1945 717 SR 40. By Senators Harrell of the 7th, Edwards of the 28th, Gross of the 31st, Edenfield of the 2nd and Freeman of the 22nd: A resolution directing the Governor to contract for special rates and publication of the amendment revising the constitution of 1877; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: The House has agreed to the report of the Committee on Conference to the following resolution of the House to wit: HR 11. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and others: ' Proposing to amend the Constitution of the State of Georgia of 1877 and all amendments thereof, etc. The following bills of the Senate and House were read the third time and put upon their passage: HB 497. By Mr. Watford of Long: A bill to amend the Act creating the city court of Ludowici to fix the salary of the Judge and Solicitor of said court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 410. By Mr. Manous of Cherokee: A bill to provide a deposit of $10.00 as cost m all divorce suits filed in Cherokee 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. 718 JOURNAL OF THE SENATE, HB 451. By Mr. Greer of Lanier: A bill to provide a method for filling vacancies of Mayor and Aldermen of the City of Lakeland; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 505. By Mr. Holley of Richmond: A bill to provide for a salary for the Solicitor General of the Augusta 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 bill, having received the requisite constitutional majority, was passed. HB 286. By Mr. Dorsey of Cobb and others: A bill to fix the salary of the Coroner 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 32, nays 0. The bill. having received the requisite constitutional majority, was passed. Senator Bentley of the 25th moved that the Senate reconsider its action in failing to pass SB 178: SB 178. By Senator Bentley of the 25th, Holsenbeck of the 27th and Greene of the 21st: A bill to be entitled an Act to regulate the marketing of eggs and protect the egg producer; and for other purposes. On the motion to reconsider SB 178 the ayes were 8, nays 22, and the motion was lost. Senator Millican of the 52nd moved that SB 182 be taken from the table for further consideration. The motion prevailed. TUESDAY, FEBRUARY 27, 1945 719 SB 182. By Senator Walker of the 45th: A bill to be entitled an Act to provide in counties having a population of less than 18,000 now having a probation officer, that the county commissioner shall approve his appointment and fix his salary; and for other purposes. Senator Walker of the 45th offered the following amendment: Amend SB 182 by striking from the caption in line 2 the words and figures "less than 18,000 and inserting in lieu thereof the words and figures "not less than 14,523 and more than 14,527." Further amend Section V, line 5 by striking the words and figures "less than 18,000" and inserting in lieu thereof the words and figures "not less than 14,523 and not more than 14,527." 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Harrell of the 7th asked unanimous consent to file a conference committee report on HR 11 and the consent was granted. Senator Welsch of the 39th moved that the Senate reconsider its action in failing to pass SB 129 as amended Friday, February 23, 1945. The motion prevailed. SB 129. By Senators Gross of the 31st, Stone of the 15th, Causey of the 46th, Harrell of the 7th and Branch of the 47th: A bill to be entitled an Act to regulate the operation of road houses, cabin camps, tourist camps and public dance halls; and for other purposes. Senator Edwards of the 28th moved to amend SB 129 by striking the words "for pay or compensation" from Section 1 of said bill. The amendment was adopted. Senator Millican of the 52nd offered the following amendment: Amend SB 129 by making Section 19 read Section 18 and Section 18 read Section 19. The amendment was adopted. 720 JOURNAL OF THE SENATE, Senator Welsch offered the following amendment: Amend SB 129 by inserting the words "restaurants, cafes, or places where food and/or drinks are sold" in the caption after the words "this act;' and before the word "and" in said caption. Further amend section one of SB 129 by inserting the words "or operating restaurants, cafes, or places where food and/or after the word "compensation" and before the word "shall" in said section. 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, Senator Harrell of the 12th moved the ayes and nays. The motion prevailed .and the vote was as follows: Those voting in the affirmative were Senators: Bentley Branch Brown Causey Chastain Cloud Cook Daves Drinkard Edenfield Edwards Freeman Gillis Gould Greene Harrell of 12th Hawes Hill Hodges Holsenbeck Mavity Millican Minchew Moate Moore Nix Norton Peebles Rainey Riley Shedd Slaughter Smith Turner of 35th Wall Welsch Wellborn Yawn Those voting in the negative were Senators: Deal Sabados Not voting were Senators Baggett, Battle, Bennett, Caldwell, Drake, Grayson, Harrell of 7th, McGinty, Stone, Turner of 34th and Walker. By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were' 38, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. TUESDAY, FEBRUARY 27, 1945 721 Senator Yawn of the 48th asked that HB 422 be placed on the calendar for the purpose of disagreeing to the committee report. HB 422. By Mr. Burch of Dodge: A bill to establish a five-man Board of Commissioners of Roads and Revenues for Dodge county; and for other purposes. The request was referred by the president to the Committee on Rules. SB 149. By Senators Harrell of the 7th and Causey of the 46th: A bill to be entitled an act repealing Code Section 95-1715 and substituting a new section to authorize the State Highway Department to condemn property for public roads to the width of 200 feet and may condemn property for borrow pits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gross of the 31st asked unanimous consent that HB 547 be withdrawn from the Committee on Counties and County Matters and be recommitted to Committee on Special Judiciary. The consent was granted. SB 150. By Senator Harrell of the 7th, Branch of the 47th and Causey of the 46th: A bill to be entitled an Act to be known as Motor Vehicle Safety Responsibility Act; to make operations of motor vehicles to make a report of all accidents; and for other purposes. Senator Harrell of the 12th moved that SB 150 be tabled. On the motion to table the ayes were 8, nays 20 and the motion was lost. Senator Harrell of the 12th moved that SB 150 be indefinitely postponed. Senator Harrell of the 12th, on motion to indefinitely postpone SB 150, moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Baggett Freeman Holsenbeck 722 JOURNAL OF THE SENATE, Bennett Chastain Drinkard Edenfield Gillis Gould Harrell of 12th Hill Minchew Peebles Those voting in the negative were Senators: Branch Causey Cloud Cook Daves Deal Edwards Greene Harrell of 7th Hawes Millican Moate Moore Nix Norton Rainey Riley Sabados Shedd Slaughter Smith Stone Turner Walker Welsch Not voting were Senators Battle, Bentley, Brown, Caldwell, Grayson, Drake, Hodges, Mavity, McGinty, Turner of the 34th, Wellborn and Yawn. By unanimous consent, the verification of the roll call was dispensed with. On the motion to indefinitely postpone SB 150, the ayes were 13, nays 25, 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 14. The bill, having received the requisite constitutional majority, was passed. Senator Causey of the 46th asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted. Senator Turner of the 34th asked unanimous consent that HB 546 be withdrawn from the Committee on Municipal Government, read the second time and recommitted. HB 546. By Mr. McCracken of Jefferson: A bill to be entitled an Act to extend the city limits of the Town of Wadley; and for other purposes. The consent was granted. Senator Smith of the 24th asked unammous consent that HR 8 be withdrawn TUESDAY, FEBRUARY 27, 1945 723 from the Committee on Finance and recommitted to the Committee on Appropriations. HR 8. By Mr. Alexander of Chatham: A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners; and for other purposes. The consent was granted. Senator Gross of the 31st moved that the Senate consider the report of the conference committee on HR 11. The motion prevailed. Mr. President, Mr. Speaker: Your Committee on Conference on HR 11 has agreed as follows, to wit: ( 1) That the House agree to the Senate Amendment numbered 1, striking Paragraph III of Section III of Article I. (2) That the Senate recede from its position on the Senate Amendment numbered 2, amending Paragraph I of Section V of Article II, and that the House recede from its position and that a new Paragraph I of Section V of Article II be inserted to read as follows, to wit: "Paragraph I. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same." (3) That the Senate recede from its position on the Senate Amendment numbered 3, re-writing Paragraph VI of Section IV of Article III and that the said amendment be rejected. (4) That the House and Senate both recede from their positions on Senate Amendment numbered 4 to Paragraph II of Section V of Article III. That said amendment be rejected and that Paragraph II of Section V of Article III be stricken and rewritten to read as follows: "Paragraph II. PRESIDENT. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power." (5) That the Senate recede from its position on the Senate Amendment numbered 724 JOURNAL OF THE SENATE, 5 to Paragraph XIII of Section VII of Article III and that the Senate Amendment be rejected. (5a) That the Senate and the House both recede from their pos1t1ons on the Senate Amendment numbered 5a and that the first sentence in P'aragraph XV of Section VII of Article III be stricken and the .following sentence inserted in lieu thereof, to wit: "No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly." (6) That the House and Senate both recede from their positions on the Senate Amendment numbered 6 to P'aragraph I of Section VIII of Article III, that the Senate Amendment he rejected and that said Paragraph he stricken and a new Paragraph I he inserted to read as follows: "Paragraph I. OFFICERS OF THE TWO HOUSES. The officers of the two Houses, other than the President of the Senate and Speaker of the House, shall he a President Pro Tempore and Secretary of the Senate and Speaker Pro Tempore and Clerk of the House of Representatives, and such assistants as each House may provide for." (7) That the House recede from its position on the Senate Amendment numbered 7 to Paragraph I of Section IX of Article III and that the Senate Amendment he adopted. (8) That the Senate recede from its pos1t10n on the Senate Amendment numbered 8 to Paragraph I of Section X of Article III and that the Senate Amendment he rejected. (9) That the House recede from its position to the Senate Amendment numbered 9 to P'aragraph I of Section I of Article IV and that the Senate Amendment he adopted. ( 10) That the Senate recede from its position on the Senate Amendment numbered lO to Paragraph III of Section IV of Article IV and that said amendment he rejected. ( 11) That the Senate recede from its position on the Senate Amendment numbered 11 and that the said Amendment he rejected. ( 12) That the Senate recede from its position on the Senate Amendment numbered 12 to Paragraph III of Section I of Article V and that the said amendment he rejected. (13) That the Senate recede from its position on the Senate Amendment num- TUESDAY, FEBRUARY 27, 1945 725 bered 13 to Paragraph IV of Section I of Article V and that said amendment be rejected. ( 14) That the House and Senate both recede from their positions on the Senate Amendment numbered 14 to Paragraph VII of Section I of Article V, that said amendment be rejected and that said Paragraph VII be stricken and a new Paragraph VII be inserted in lieu thereof to read as follows: "Paragraph VII. LIEUTENANT GOVERNOR. SUCCESSIO~ TO EXECUTIVE POWER. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. In case of the death, resignation, or disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term shall expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain in full force and effect." ( 16) That the House recede from its position on the Senate Amendment numbered 15 to ParaJaph VIII of Section I of Article V and that the said amendment be adopted. ( 16) That the Senate recede from its position on the Senate Amendment numbered 16 to Paragraph X of Section I of Article V and that the said amendment be rejected. (17) That the Senate recede from its position on the Senate Amendment numbered 17 to Paragraph XV of Section I of Article V and that the said amendment be rejected. ( 18) That the House recede from its position on the Senate Amendment numbered 18 to Paragraph V of Section II of Article V and that the said amendment bt> adopted. 726 JOURNAL OF THE SENATE, (19) That the Senate recede from its position on the Senate Amendment numbered 19 striking Section IV of Article V in its entirety and that the said amendment be rejected. (20) That the Senate recede from its position on the Senate Amendment num- bered 20 to Paragraph I of Section V of Article V and that the said amendment be rejected. (21) That the House recede from its position on the Senate Amendment numbered 21 to Paragraph I of Section VI of Article V and that the said amendment be adopted. (22) That the Senate recede from its position on the Senate Amendment numbered 22 adding a new Section to Article V and that the said amendment be rejected. (23) That the Senate recede from its position on the Senate Amendment numbered 23 and that the said amendment be rejected. (24) That the House recede from its position on the Senate Amendment numbered 24 to Paragraph IV of Section II of Article VI and that the said amendment be adopted. (25) That the House recede from its position on the Senate Amendment numbered 25 to Paragraph VIII of Section II of Article VI and that the said amendment be adopted. (25a) That the Senate recede from its position on the Senate Amendment numbered 25a to Paragraph VIII of Section IV of Article VI and that the said amendment be rejected. (26) That the Senate recede from its position on the Senate Amendment numbered 26 amending P'aragraph II of Section VI of Article VI and that the said amendment be rejected. (27) That the Senate recede from its position on the Senate Amendment numbered 27 to Paragraph I of Section X of Article VI and that the said amendment be rejected. (28) That the House recede from its position on the Senate Amendment num- bered 28 to Paragraph I of Section XII of Article VI and that the said amendment be adopted. (29) That the House recede from its position on the Senate Amendment numbered 29 to Paragraph I of Section XII of Article VI and that the said amendment be adopted. (30) That the House recede from its position on the Senate Amendment numbered 30 to Paragraph II of Section XII of Article VI and that the said amendment be adopted. (31) That the Senate recede from its position on the Senate Amendment num- TUESDAY, FEBRUARY 27, 1945 727 bered 31 to Paragraph II of Section XVI of Article VI and th"at the said amendment be rejected. (32) That the Senate recede from its position on the Senate Amendment numbered 32 to Paragraph IV of Section I of Article VII and that the said amendment be rejected. "(33) That the Senate recede from its position on .the Senate Amendment numbered 33 to Paragraph IV of Section I of Article VII and that the said amendment be rejected. (34) That the House and Senate both recede from their positions on the Senate Amendment numbered 34 and that Paragraph IV of Section I of Article VII be and the same is hereby amended by striking from the third unnumbered paragraph of said Paragraph IV the first sentence in its entirety and inserting in lieu thereof the following language, to wit: "The Homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house own a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract." (35) That the Senate recede from its position on the Senate Amendment numbered 35 to Section I of Article VII and that the said amendment be rejected. (36) That the Senate recede from its position on the Senate Amendment numbered 36 inserting a new P'aragraph V in Section II of Article VII and that the said amendment be rejected. (37) That the Senate recede from its position on the Senate Amendment numbered 37 to Paragraph I of Section IV of Article VII and that the said amendment be rejected. (38) That the Senate recede from its position on the Senate Amendment numbered 38 to Paragraph I of Section IV of Article VII and that the said amendment be rejected. (39) That the House recede from its position on the Senate Amendment numbered 39 to Paragraph I of Section V of Article VII and that the said amendment be adopted. (40) That the House recede from its position on the Senate Amendment numbered 40 to Paragraph I of Section VII of Article VII and that the said amendment be adopted. 728 JOURNAL OF THE SENATE, (41) That the House and Senate recede from their positions on the Senate amendment numbered 41 to Paragraph V of Section VII of Article VII. That the Senate amendment be rejected. That Paragraph V of Section VII of Article VII as adopted by the House be stricken from HR 11 and the following Paragraph V be inserted in lieu thereof: "Paragraph V. REVENUE ANTICIPATION OBLIGATIONS. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, jn whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31st, 1937, known as the "Revenue Certificate Laws 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, and to buy, construct, extend, operate and maintain gas or electric generating and distributing systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenueproducing facilities of the issuing political subdivision, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, 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 to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision 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." (42) That the House and Senate both recede from their positions on the Senate Amendment numbered 42 to Paragraph V of Section VII of Article VII, that the said amendment be rejected, and that the following be added at the end of Paragraph V of Section VII of Article VII as amended, to wit: "Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct or operate such electric or gas utility plants from the proceeds of said revenue certificat,.s, and extend their services beyond the limits of the county in which the mu- TUESDAY, FEBRUARY 27, 1945 729 nicipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities." (43) That the House recede from its position on the Senate Amenihpent numbered 43 to Paragraph I of Section X of Article VII and that the said ~endment be adopted. (44) That the Senate recede from its position on the Senate Amendment numbered 44 to Paragraph I of Section V of Article VIII and that said amendment be rejected. (45) That the House and Senate both recede from their positiOns on Senate Amendment numbered 45, that said amendment be rejected and that the following be submitted. Paragraph I of Section VII of Article VIII is hereby stricken in its entirety and the following paragraph I is hereby inserted in lieu thereof, to wit: "Paragraph I. INDEPENDENT SYSTEMS CONTINUED; NEW SYSTEMS PROHIBITED. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established." (46) That the Senate recede from its position on Senate Amendment numbered 46 to Paragraph I of Section X of Article VIII and that the said amendment be rejected. (46a) That the Senate recede from its position on the Senate Amendment numbered 46a to Paragraph I of Section I of Article XIII and that the said amendment be rejected. (47) That the House recede from its position on the Senate Amendment numbered 47 to Paragraph II of Section I of Article XIV and that the said amendment be adopted. (48) That the House and Senate both recede from their positions on the Senate Amendment numbered 48, that the same be rejected and that Paragraph I of Section 1 of Article XV be stricken in its entirety and that the following be inserted in lieu thereof: "Paragraph I. The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans." (49) That the House recede from its position on the Senate Amendment num- 730 JOURNAL OF THE SENATE, bered 49 to Section II of the Resolution and that the said amendment be adopted. Respectfully submitted, Harrell of 7th District, Freeman of 22nd District, Edwards of 28th District, Conferees on the P'art of the Senate. Culpepper of Fayette, Durden of Dougherty, Gowen of Glynn, Conferees on the Part of the House. On the adoption of the conference committee report on HR 11, Senator Harrell of the 12th moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Baggett Branch Brown Caldwell Causey Chastain Cloud Cook Daves Drake Edenfield Edwards Freeman Gould Greene Harrell of 7th Hawes Hill Hodges Holsenbeck Mavity Millican Minchew Moore Norton Peebles Riley Shedd Slaughter Smith Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn Yawn Those voting in the negative were Senators: Bentley Deal Drinkard Gillis Grayson Harrell of 12th Moate Rainey Sabados Not voting were Senators Battle, Bennett, McGinty and Nix. Senator Harrell of the 12th objected to the dispensing with the verification of the roll call and the roll call was verified. TUESDAY, FEBRUARY 27, 1945 731 On the adoption of the report of the conference committee on HR 11, the ayes were 38, nays 9, and the conference committee was agreed to. Senator Smith of the 24th moved that the Senate do now adjourn and the motion prevailed. "' The president announced the Senate adjourned until 10 o'clock tomorrow morning. 732 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Wednesday, February 28, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Prayer and scripture reading was offered by Rev. Walter Styles, pastor of the First Presbyterian Church, Jackson, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Walker of the 45th, 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: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. .3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Putting upon third reading for final passage local Senate and House bills and general bills with local application. 6. Putting upon third reading for final passage general Senate and House bills. The consent was granted. The president introduced to the Senate Hon. Hampton McWhorter of Lexington, Georgia. The following bills and/ or resolutions were introduced, read the first time and referred to committees: SB 235. By Senator Hodges of the 26th: A bill to be entitled an act to provide that two members of the Board of Commissioners of Roads and Revenues of Butts county shall constitute a WEDNESDAY, FEBRUARY 28, 1945 733 quorum for the transaction of business; and for other purposes. Referred to Committee on Counties and County Matters. SB 236. By Senator Gross of the 31st: A bill to be entitled an act to provide for the prequalification of contractors before bidding on contracts by the State Highway Department; to provide for rules and. regulations by the Director of the State Highway Department; and for other purposes. Referred to Committee on Highways and Public Roads. SR 47. By Senator Gross of the 31st: A bill to be entitled an act to propose an amendment to Article 7, Section 2 by adding a new paragraph to provide the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying annuities and benefits to peace officers; and for other purposes. Referred to Committee on Amendments to the Constitution. Mr. Cloud of the 19th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 547. Do Pass Respectfully submitted, Cloud of the 19th district, Chairman. Mr. Moate of the 20th 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 534. Do Pass 734 JOURNAL OF THE SENATE, HB 542. Do Pass HB 531. Do Pass HB 508. Do Pass HB 602. Do Pass HB 560. Do Pass HB 597. Do Pass HB 340. Do Pass HB 530. Do Pass HB 529. Do Pass HB 540. Do Pass HB 559. Do Pass HB 458. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Drinkard of the 29th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 12 Respectfully submitted, Drinkard of 29th district, Chairman. Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. Presid~nt: 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 558. Do Pass WEDNESDAY, FEBRUARY 28, 1945 735 HB 598. Do Pass HB 518. Do Pass HB 424. Do Pass HB 586. Do Pass HB 549. Do' Pass HB 536. Do Pass HB 537. Do Pass HB 502. Do Pass HB 496. Do Pass HB 563. Do Pass HB 569. Do Pass Respectfully submitted, Moate of 20th district, Chairman. Mr. Mavity of the 44th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. President: Your Committee on Industrial Relations have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 266. Do Pass HB 101. Do Pass HB 147. Do Pass Respectfully submitted, Mavity of 44th district, Chairman. Mr. Turner of the 35th 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- 736 JOURNAL OF THE SENATE, lowing bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 171. Do Pass Respectfully submitted, Turner of 35th district, Chairman. Mr. Peebles of the 18th District, Chairman of the Committee on Temperance, submitted the following report: Mr. President: Your Committee on Temperance 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 Not Pass HB 525. Do Pass as amended by Committee Respectfully submitted, Peebles of 18th district, Chairman. Mr. Caldwell of the 37th 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 355. Do Pass HB 383. Do Pass HB 193. Do Pass Respectfully submitted, Caldwell of 37th district, Chairman. Mr. Smith of the 24th District, Chairman of the Committee on Finance, submitted the following report: WEDNESDAY, FEBRUARY 28, 1945 - 7 1~1 Mr. President: Your Committee on Finance have had under consideration the following bills and resolution of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendations: HB 164. Do Pass HB 170. Do Pass HB 161. Do Pass HB 162. Do Pass HB 163. Do Pass HR 59. Do Pass Respectfully submitted, Smith of 24th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 252. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Baggett of the 51st District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: 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: HR 8. Do Pass HR 65. Do Pass 7l8 JOURNAL OF THE SENATE, HB 18. Do Pass HB 198. Do P'ass HB 207. Do Pass Respectfully submitted, Baggett of 51st district, Chairman. Mr. Harrell 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: HB 52. Do Pass HB 187. Do Pass HB 343. Do Pass SR 42. Do Pass SR 44. Do Pass SR 38. Do Pass SR 10. Do Pass SR 45. Do Pass SR 43. Do Pass SR 27. Do Pass Respectfully submitted, Harrell of 7th district, Chairman. Mr. Moore of the 38th 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 WEDNESDAY, FEBRUARY 28, 1945 739 resolutions of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations: SR 20. Do Pass SR 35. Do Pass SR 36. Do Pass Respectfully submitted, Moore of 38th district, Chairman. Mr. Greene of the 21st 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 recommendation: SR 46. Do Pass Respectfully submitted, Greene of 21st district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 564. Do Pass Respectfully submitted, Turner of 34th district, Chairman. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: 740 JOURNAL OF" THE SENATE, The House has passed by the requisite constitutional majority the following bills of the House to wit: HB 225. By Messrs. Pittman and Pettit of Bartow: A bill to be entitled an Act to amend Code Section 38-1801 to provide that either party in a civil action may call the opposite party for the purposes of cross-examination with the privilege of impeachment, as if the witness had testified in his own behalf; and for other purposes. HB 280. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an Act to amend an Act approved March 20, 1943 (Georgia Laws 1943, pp. 421-422) by adding a new Sub-section (1) to provide for the acknowledgment of instruments, the attestations of documents, administration of oath, and other notorial acts, shall be legal, valid and binding; and for other purposes. HB 281. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an Act to amend Chapter 113-6 of the Code by adding a new Code Section provided that if subscribing witnesses to a will are absent in the Armed Forces, or dead or incapable of testifying, the court may admit the will to be probated upon testimony of two disinterested witnesses that the signature is in the handwriting of the person making the will; and for other purposes. HB 289. By Messrs. Durden and Sapp of Dougherty: A bill to be entitled an Act to authorize municipalities, to establish and maintain post-war public works reserve funds, to provide funds for such reserves; and for other purposes. HB 290. By Mr. Gowen of Glynn: A bill to be entitled an Act to amend the Act creating the Atlantic States Marine Fisheries Commission by striking Section 6 and substituting a new section to provide for payment of expenses of the members from Georgia; and for other purposes. HB 297. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an Act to amend Code Section 92-2510 by inserting in the third line of said section between the words "assets" and "are" the words "exclusive of Government War Bonds"; and for other purposes. WEDNESDAY, FEBRUARY 28, 1945 741 HB 357. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and others: A bill to be entitled an Act to amend Code Section 92-3118 by striking SubSection (g) thereof and substituting a new Sub-Section relating to the method of computing income tax of persons who die during a taxable year; and for other purposes. HB 371. By Messrs. Arnall of Coweta, Smith of Emanuel and Phillips of Columbia: A bill to be entitled an Act to amend the income tax law by providing for interest at 6% on refunds of taxes erroneously or illegally paid; to provide for filing claims within three years; to repeal Code Sections 92-3308 and 92-3310 in their entirety; and for other purposes. HB 385. By Mr. Oden of Pierce: A bill to be entitled an Act to amend an Act approved March 5, 1937, entitled an Act to create a Department of Natural Resources; to provide for the control and management of said department and the subdivisions thereof, etc.; and for other purposes. HB 455. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an Act to amend Code Section 295-303 by providing coroners shall receive a fee of $10.00 for investigating and reporting each death caused by motor vehicle; and for other purposes. 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 279. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an Act to repeal paragraph 3 of Code Section 4-214 and substituting a new paragraph 3 relating to powers of attorney granted by persons serving in the Armed Forces and to provide said powers of Attorney shall not be revoked by death of the principal where agent acts without actual notice of said death; and for other purposes. HB 420. By Messrs. McCracken of Jefferson and Arnall of Coweta: A bill to be entitled an Act to create the Georgia Citizens Council to co- 742 JOURNAL OF THE SENATE, ordinate civilian war and post-war programs and promote the development of human resources in the State; and for other purposes. HB 606. By Mr. Odom of Baker: A bill to be entitled an Act to fix the bonds of the Deputy Sheriffs of Baker county at $6,000.00; and for other purposes. HB 605. By Mr. Odom of Baker: A bill to be entitled an Act to fix the bond of the Sheriff of Baker county at $6,000.00 ; and for other purposes. HB 607. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to amend the charter of the City of Columbus to authorize the closing of 9th Avenue between lOth Street and 11 Street and authorizing the city to sell said land; and for other purposes. HB 608. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to authorize and create a Civil Service System for the City of Hapeville; and for other purposes. HB 610. By Mr. Lewis of Hancock: A bill to be entitled an Act to authorize a salary for the sheriff of Hancock in addition to fees; and for other purposes. 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 as amended of the Senate to wit: SB 186. By Senator Millican of the 52nd: A bill to be entitled an Act to amend ,an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. The following message was received from the House through Mr. McCutchen, the Clerk thereof: Mr. President: WEDNESDAY, FEBRUARY 28, 1945 743 The House has passed by the requisite constitutional majority the following bills of the Senate to wit: SB 211. By Senator Walker of the 45th: A bill to be entitled an Act to create a Joint Airport Commission for the City of Fitzgerald and County of Ben Hill; to designate the name of such commission and fix and prescribe the number, qualifications, manner of appointment and term of office of the members thereof; to fix and prescribe the powers, duties and authority of said commission; and for other purposes. SB 215. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th: A bill to be entitled an Act to establish a system of public schools for the Sylvania School District; to define the boundaries of same; to provide for a Board of Trustees; and for other purposes. SB 216. By Senator Millican of the 52nd: A bill to be entitled an Act to establish a Parks and Recreation Commission in Fulton County; to prescribe the powers and duties of the Commission; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to wit: HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Hinson of Jeff Davis and others: A bill to be entitled an Act to provide gasoline and kerosene used on farm operations shall be exempt from the gas tax; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has agreed to the Senate Amendments of the following bill of the House to wit: HB 512. By Mr. Watford of Long: A bill to be entitled an Act providing for 5 road districts in Long county; to 744 JOURNAL OF THE SENATE, provide for 5 Commissioners of Roads and Revenues, the method of electing; and for other purposes. The following message was received from the House through Mr. P. T. McCutchen, Jr., the Clerk thereof: Mr. President: The House has agreed to the Senate Amendments to the following bills of the House to wit: HB 34. By Mr. Harris of Richmond: A bill to be entitled an Act to provide that the tax on kerosene when used as a motor fuel shall not exceed six cents per gallon; and for other purposes. HB 271. By Dr. Moye of Brooks: A bill to be entitled an Act to authorize the proper county officials in all counties having a population of not less than 20,490 and not more than 20,500 to pay the sheriffs of said counties the sum of $50.00 per month in addition to the fees and compensation now paid to said sheriffs; and for other purposes. The following bills and resolutions of the House were read the first time and referred to the committees: HB 455. By Mr. Gowen of Glynn and others: A bill to amend the charter of the City of Atlanta, to extend the city limits in DeKalb county; and for other purposes. Referred to Committee on State of Republic. HB 420. By M.r. McCracken of Jefferson and others: A bill to create the Georgia Citizens Council to coordinate civilian war and post-war programs and promote the development of human resources in the State; and for other purposes. Referred to Committee on State of Republic. HB 279. By Mr. Durden of Dougherty and others: A bill to repeal paragraph 3 of Code Section 4-214 and substitute a new paragraph 3 relating to powers of attorney granted by persons serving in the Armed Forces to provide said powers of attorney shall not be revoked WEDNESDAY, FEBRUARY 28, 1945 745 by death of the principal where agent acts without actual notice of said death; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 606. By Mr. Odom of Baker: A bill to fix the bonds of the Deputy Sheriffs of Baker county at $6,000.00; and for other purposes. Referred to Committee on Counties and County Matters. HB 605. By Mr. Odom of Baker: A bill to fix the bond of the Sheriff of Baker County at $6,000.00; and for other purposes. Referred to Committee on Counties and County Matters. HB 607. By Messrs. Holleman, Shields and Young of Muscogee: A bill to amend the charter of the City of Columbus to authorize the closing of 9th Avenue between lOth Street and 11th Street and authorizing the city to sell said land. Referred to Committee on Municipal Government. HB 608. By Mr. Etheridge of Fulton: A bill to authorize and create a Civil Service System for the City of Hapeville; and for other purposes. Referred to Committee on Municipal Government. HB 290. By Mr. Gowen of Glynn: A bill to amend the act creating the Atlantic States Marine Fisheries Com- mission by striking Section 6 and substituting a new section to provide for payment of expenses of the members from Georgia; and for other purposes. Referred to Committee on State of Republic. HB 297. By Mr. Weaver of Bibb and others: A bill to amend Code Section 92-2510 by inserting in the third line of said section between the words "assets" and "are" the words "exclusive of Government War Bonds"; and for other purposes. Referred to Committee on Finance. 746 JOURNAL OF THE SENATE, HB 357. By Mr. Harris of Richmond and others: A bill to amend Code Section 92-3118 by striking Subsection (g) thereof and substituting a new Subsection relating to the method of computing income tax of persons who die during a taxable year; and for other purposes. Referred to Committee on Finance. HB 371 By Mr. Arnall of Coweta and others: A bill to amend the income tax law by providing for interest at 6% on refunds of taxes erroneously or illegally paid; to provide for filing claims within three years; to repeal Code Sections 92-3308 and 92-3310 in their entirety; and for other purposes. Referred to Committee on Finance. HB 385. By Mr. Oden of Pierce: A bill to amend an Act approved March 5, 1937 (Georgia Laws 1937, pp. 264-280) by striking section 9 on page 270 and substituting a new sentence designating the Department of Forestry the agency to extend all federal funds available for fire prevention and forest farming and nursery work; and for other purposes. Referred to Committee on Conservation. HB 367. By Mr. Williams of Coffee and others: A bill to provide gasoline and kerosene used on farm operations shall be exempt from the gas tax; and for other purposes. Referred to Committee on State of Republic. HB 225. By Mr. Pittman of Bartow and others: A bill to amend Code Section 38-1801 to provide that either party in a Civil action may call the opposite party for the purpose of cross examination with the privilege of impeachment, as if the witness had testified in his own behalf; and for other purposes. Referred to Committee on General Judiciary No. 2. HB 280. By Mr. Durden of Dou~herty and others: A bill to amend an Act approved March 20, 1943 (Georgia Laws 1943, pp. 421-422) by adding a new Sub-section ( 1) to provide for the acknowledgment of instruments, the attestation of documents, administration of oath, and other notorial acts, shall be legal, valid, and binding; and for other purposes. WEDNESDAY, FEBRUARY 28, 1945 747 Referred to Committee on General 1udiciary No. 1. HB 281. By Mr. Durden of Dougherty and others: A bill to amend Chapter 113-6 of the Code by adding a new Code Section provided that if subscribing witnesses to a will are absent in the Armed Forces, or dead or incapable of testifying, the court may admit the will to probate upon testimony of two disinterested witnesses that the signature is in the handwriting of the person making the will; and for other purposes. Referred to Committee on General 1udiciary No. 1. HB 289. By Mr. Durden of Dougherty: A bill to authorize municipalities to establish and maintain postwar public works reserve funds, to provide funds for such reserves ; and for other purposes. Referred to Committee on Municipal Government. HB 610. By Mr. Lewis of Hancock: A bill to authorize a salary for the sheriff of Hancock in addition to fees; and for other purposes. Referred to Committee on Counties and County Matters. The following bills and resolutions of the House were favorably reported by the committees and read the second time: HB 355. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia: A bill to be entitled an Act t~ authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses, and to provide for the inspection of school houses; and for other purposes. HB 147. By Mr. Arnold of Spalding and others: A bill to amend Title 46 of the Code by adding a new Section providing that State, County, City or Town officials and employees may be garnisheed; and for other purposes. HB 424. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to amend the Fulton County Budget Act to provide that the county. may contract with and maintain wholly or jointly 748 JOURNAL OF THE SENATE, with some other municipality or county a hospital authority; and for other purposes. HB 458. By Mr. Hogg of Marion: A bill to pay the sheriff of Marion County a salary in addition to fees; and for other purposes. HB 383. By Mr. Price of Clarke: A bill to be entitled an Act to amend Code Section 32-937 so as to provide veterans of World War II may attend the public schools of this State; and for other purposes. HB 525. By Mr. Harrison of Jenkins: A bill to be entitled an Act to prevent the sale of wine or beer within 100 feet of any school building in this State; and for other purposes. HB 534. By Mr. Murphy of Haralson: A bill to fix the salary and expenses of the Commissioners of Roads and Revenues of Haralson County; and for other purposes. HB 564. By Messrs. Williams and Hinson of Ware: A bill to be entitled an Act to raise the limit of tax in Waycross for school purposes from 10 to 15 mills; and for other purposes. HB 101. By Mr. Holley of Richmond and others: A bill to authorize the Commissioner of Labor to promulgate rules for the prevention of accidents and occupat~onal diseases; and for other purposes. HB 163. By Mr. Connell of Lowndes and others: A bill to provide for the filing of Tax Returns from January 1st to April 1st instead of February 1st to May 1st; and for other purposes. HB 171. By Mr. Arnold of Spalding: A bill to amend the Banking Laws to provide that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation; and for other purposes. HB 198. By Mr. Greene of Crisp: A bill to appropriate funds to pay Corporal R. D. Brown and wife for WEDNESDAY, FEBRUARY 28, 1945 749 InJuries sustained in a collision with a car of the Department of Public Safety; and for other purposes. HB 207. By Mr. Harris of Richmond and others: A bill to provide for the marking of graves of soldiers of the Confederacy buried in Georgia; and for other purposes. HB 266. By Mr. Durden of Dougherty and others: A bill to amend the Unemployment Compensation Act by changing the name to The Employment Security Agency; by amending, changing and clarifying the provisions of the law as to experience rating; and for other purposes. HB 164. By Mr. Connell of Lowndes and others: A bill to provide that County Boards of Tax Assessors shall complete their revision of returns of tax payers by June 1st instead of July 1st and file a copy with the State Revenue Commissioner instead of the Comptroller General; and for other purposes. HB 540. By Mr. Moye of Brooks: A bill to be entitled an Act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in line of duty; and for other purposes. HB 560. By Mr. Mann of Rockdale: A bill to be entitled an Act to provide for two advisors to the County Cornmissioner of Rockdale county from districts other than the district of the commission; to provide for competitive bids on the purchase of supplies and materials in excess of $1,000.00; and for other purposes. HB 542. By Mr. Hooks of Emanuel: A bill to fix the salary of the Tax Commissioner of Emanuel County at $4,500 per annum; and for other purposes. HB 531. By Mr. Malone of Laurens: A bill to authorize municipal and county officials in Laurens county to license coin-operated machines; and for other purposes. HB 340. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to repeal the Civil Service System for Fulton County Police; and for other purposes. 750 JOURNAL OF THE SENATE, HB 569. By Mr. Harrison of Jenkins: A bill to be entitled an Act to fix the salary of the Tax Commissioner of Jenkins County; and for other purposes. HB 558. By Mr. Guyton of Effingham: A bill to increase the salary of the Judge of the City Court of Springfield and provide for a referendum; and for other purposes. HB 597. By Mr. McCracken of Jefferson: A bill to be entitled an Act to amend the act creating a City Court of Louisville by providing for the trial of civil and criminal cases before the Judge without a jury; and for other purposes. HB 536. By M~ssrs. Holley, King and Harris of Richmond: A bill to be entitled an Act to increase the salary of the special criminal baliff in Richmond county; and for other purposes. HB 537. By Messrs. Harris. Holley and King of Richmond: A bill to be entitled an Act to fix the salary of the Court Reporter, Baliff and Stenographer of the .Solicitor General in Richmond Superior Court; and for other purposes. HB 530. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to be entitled an Act to provide in all petitions for divorce in Colquitt county a deposit of $12.00 shall be made for costs; and for other purposes. HB 563. By Dr. Witherington of Wilcox: A bill to be entitled an Act to require a deposit of $10.00 as costs in all divorce petitions filed in Wilcox County; and for other purposes. HB 559. By Mr. Evitt of Catoosa: A bill to be entitled an Act to provide that the Clerk of Superior Court of Catoosa County shall attend all trials in the Court of Ordinary for violation of traffic laws; and for other purposes. HB 549. By Messrs. Holley, Harris and King of Richmond: A bill to be entitled an Act to provide a clerk in the office of the Solicitor of the City Court of Augusta; and for other purposes. WEDNESDAY, FEBRUARY 28, 1945 751 HB 529. By Messrs. Gilbert and Gowen of Glynn: A bill to be entitled an Act to abolish the offices of Justices of the Peace in Glynn County and to abolish the present City Court of Brunswick and establish a new City Court; and for other purposes. HB 193. By Mr. Hatchett of Meriwether: A bill to be entitled an Act to provide it shall be the duty of the State Board of Education to adopt rules and regulations for taking school census; and for other purposes. HB 586. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to provide that Atlanta and Decatur, Fulton and DeKalb counties may build, lease or acquire joint ownership in trade and vocational schools to be located within or without the limits of such municipalities; and for other purposes HB 547. By Mr. Gary of Quitman: A bill to be entitled an Act to abolish the county court of Quitman county; and for other purposes. HB 18. By Mr. Alexander of Chatham: A bill to reimburse T. W. Erickson for damages caused in a collision with a State Highway Patrol car; and for other purposes. HB 252. By Mr. Ray of Warren and others: A bill to provide where there are two or morf' militia districts in an incorporated town or city electors may vote in a militia district other than the one in which he resides; and for other purposes. HB 170. By Mr. Connell of Lowndes and others: A bill to provide that Tax Receivers shall present tax returns to County Boards of Tax Assessors by April lOth of each year; and for other purposes. HB 161. By Mr. Connell of Lowndes and others: A bill to amend the Homestead Exemption Law by providing for the filing of application for exemption on April 1st instead of May 1st; and for other purposes. HB 162. By Mr. Connell of Lowndes and others: 752 JOURNAL OF THE SENATE, A bill to provide applications for exemptions on the household and kitchen furniture must be filed by April 1st instead of May 1st; and for other purposes. HB 598. By Mr. Giddens of Calhoun: A bill to be entitled an Act to provide a salary to the sheriff of Calhoun county in addition to fees; and for other purposes. HB 518. By Mr. Giddens of Calhoun: A bill to be entitled an Act to require a deposit with the Clerk of $10.00 with each petition for divorce as costs in Calhoun Superior Court; and for other purposes. HB 502. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of Muscogee County to adopt zoning ordinances, to name building inspectors and require building permits; and for other purposes. HB 496. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an Act to authorize Muscogee County to assign identifying numbers to all dwellings, stores and other structures in the county outside of municipalities; and for other purposes. HB 343. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an Act to propose an amendment to Article 7, Section 7, paragraph 1 of the Constitution, to authorize the City of Atlanta to incur bonded indebtedness for school purposes; and for other purposes. HB 187. By Mr. Hinson of Jeff Davis and others: A bill to be entitled an Act to amend the Constitution, Article VI, Section XIII by providing counties in the Brunswick Judicial Circuit shall pay a salary to the Judge in addition to that paid by the State; and for other purposes. HB 508. By Mr. Dupree of P'ulaski: A bill to provide a salary for the sheriff of Pulaski county in addition to fees; and for other purposes. HB 602. By Mr. Sills of Candler: WEDNESDAY, FEBRUARY 28, 1945 753 A bill to provide a salary for the sheriff .of Candler county in addition to fees ; and for other purposes. HR 8. By Mr. Alexander of Chatham: A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners; and for other purposes. HR 59. By Messrs. Durden of Dougherty, Hand of Mitchell and Gowen of Glynn: A resolution authorizing the State Administration to cooperate fully with the Council of State Governments and authorize an appropriation to the Council of State Governments ; and for other purposes. HR 65. By Mr. Kelly of Walker and others: A resolution directing the joint secretary, state exam1mng boards to pay B. R. Swanson $490.00 as balance on salary from funds of the State Board of Barber and Hairdressers Examiners; and for other purposes. HR 52. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution authorizing Fulton County Commissioners to levy and collect a license tax on all persons doing business in unincorporated areas and to regulate the conduct of businesses in said areas; and for other purposes. The following resolutions, favorably reported by the committees, were read the second time : SR 42. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 7, Section 1, Paragraph 1 of the Constitution to provide additional powers of taxation over the State by the General Assembly to plan, promote, advertise, foster, develep and improve natural resources, roads, bridges, ports, agriculture, industry, markets, employment and transportation, and to assist county, municipal, regional or port authorities so engaged under such conditions as may be prescribed by the General Assembly; and for other purposes. SR 43. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 3 of the Constitution to provide "The General Assembly may provide in such manner, by such 754 JOURNAL OF THE SENATE, means and upon such terms as conditions as it may prescribe for low rent housing for persons of low income as defined by law, or for the clearance, replanning, reconstruction and rehabilitation of substandard and insanitary areas, or for both such purposes, and for recreational and other facilities incidental or appurtenant thereto"; and for other purposes. SR 44. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution by adding at the end of the following: "to pay the expenses of a development board or any other board however named, for planning and development for any area within the county or the proportionate part of the expenses of such a board extending outside of the county but embracing an area within the county"; and for other purposes. ~R 45. By Senator Millican of the 52nd: A resolution proposing an amendment to Article 5 by adding a new section as follows: "Municipalities shall have the right of eminent domain, including the right to condemn private property in substandard or insanitary areas for development to clear slums upon such conditions as may be prescribed by the General Assembly"; and for other purposes. SR 27. By Senators Gross of the 31st, Mavity of the 44th, Branch of the 47th, Wall of the 9th, Drake of the 8th, Stone of the 15th, Bennett of the 17th, Baggett of the 51st, Daves of the 14th, Chastain of the 41st, Shedd of the 3rd, Edwards of the 28th, Peebles of the 18th, Nix of the 32nd, Causey of the 46th, Minchew of the 5th, Edenfield of the 2nd, Brown of the 6th, Hodges of the 26th, Moore of the 28th, Greene of the 21st, Norton of the 33rd, Cook of the 42nd, Freeman of the 22nd, Walker of the 45th, Holsenbeck of the 27th, Slaughter of the 50th, Yawn of the 48th, McGinty of the 43rd, Cloud of the 19th, Riley of the 23rd, Deal of the 49th, Hawes of the 30th, Turner of the 34th, Gould of the 4th and Millican of the 52nd: A resolution proposing an amendment to the Constitution of 1877 and all amendments thereto, including the amendment submitted to the people by the 1945 General Assembly revising the Constitution to provide the right of the people to reelect or defeat any or all elective State officials shall not be abrogated, denied or abridged; and for other purposes. SR 36. By Senator Branch of the 47th: A resolution requesting the State to reconvey to the Georgia Northern Railway Company a certain tract of land which was conveyed to the State by the Georgia Northern Railway Company for a proposed State Farmers' Market; and for other purposes. WEDNESDAY, FEBRUARY 28, 1945 755 SR 35. By Senator Branch of the 47th: A resolution requesting the State of Georgia to reconvey certain property to the County of Colquitt which was deeded to the State by Colquitt county for a State Farmers' Market; and for other purposes. SR 10. By Senator Welsch of the 39th: A resolution proposing an amendment to Paragraph 1, Section 1, Article 7 of the Constitution providing for the payment of $30.00 per month old-age assistance to all farmers 65 years of age or older; and for other purposes. SR 20. By Senators Gross of the 31st and Harrell of the 7th: A resolution authorizing the state properties commission to sell two acres of land located in the 8th district of Muscogee county; and for other purposes. SR 46. By Senator Minchew of the 5th: A resolution requesting Governor Arnall to issue a proclamation reducing chauffeurs license age minimum to sixteen ( 16) years, etc.; and for other purposes. By unanimous consent the following resolutions of the House were withdrawn from the Committee on State of Republic, read the second time and recommitted: HR 68. By Mr. Smith of Bryan and others: A resolution directing the Governor, the Agricultural and Industrial Development Board, each department head, a~d all state employees to work towards bringing about the return of all property comprising Camp Stewart Military Reservation to its original owners; and for other purposes. HR 72. By Mr. Morrison of Montgomery: A resolution authorizing the State Librarian to furnish the Ordinary of Montgomery county certain volumes of the Georgia reports and Court of Appeals reports; and for other purposes. The following bills and resolutions of the House were read the third time and put upon their passage: HB 344. By Mr. Etheridge of Fulton and others: A bill to propose an amendment to Paragraph 2 of Article 7 of the Constitution to provide for the payment of pensions or retirement pay to widows and minor children of county employees of Fulton c~unty; and for other purposes. 756 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 461. By Mr. Weaver of Bibb and others: A bill to amend the charter of the City of Macon to fix the salary of the 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 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 312. By Mr. Griswell of Gwinnett: A bill to provide a salary for the sheriff of Gwinnett county in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 572. By Mr. Chastain of Thomas and others: A bill to amend the charter of the City of Thomasville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 550. By Mr. Holley of Richmond and others: A bill to provide that the sheriff and clerk of the Municipal Court of Augusta shall be appointed by the judge of the court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, FEBRUARY 28, 1945 757 On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 581. By Mr. Gammage of Sumter: A bill to extend the corporate limits of the City of Americus; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 533. By Mr. Etheridge of Fulton and others: A bill to amend the charter of Union City by providing hours for keeping polls open; to raise the amount persons may be fined in Mayors Court; to provide for ordinances regulating motor vehicles; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 574. By Mr. Chastain of Thomas and others: A bill to amend the charter of the City of Thomasville to clarify the terms of office of the Board of Education and provide for the election of their successors; and for other purposes. The report 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 556. By Mr. Holleman of Muscogee and others: A bill to empower Muscogee county to construct and extend public sewers and charge rates and fees for the maintenance thereof; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 758 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 470. By Mr. Willoughby of Clinch: A bill to provide for filling vacancies in the office of Solicitor of Clinch county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 554. By Mr. Wilson of Bibb and others: A bill to amend the charter of the City of Macon to provide all elections for city officials shall be held from "7 A. M. to 7 P. M. on election day; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 545. By Mr. Evitt of Catoosa: A bill to amend the charter of the City of Ringgold by extending the city limits; by exempting farm lands within city limits and live stock and domestic animals from taxation; and for other purposes. The report 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 562. By Mr. Holleman of Muscogee and others: A bill to provide a pension fund for employees of Muscogee county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. WEDNESDAY, FEBRUARY 28, 1945 759 The bill, having received the requisite constitutional majority, was passed. HB 573. By Mr. Chastain of Thomas and others: A bill to amend the charter of the City of Thomasville, to provide for zoning and planning ordinances; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 557. By Mr. Barwick of Grady: A bill to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 527. By Mr. Williams of Appling: A bill to authorize the county authorities in Appling county to pay the salary of the Judge of City Court of Baxley in quarterly payments; and for other purposes. The report of 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 512. By Mr. Watford of Long: A bill to be entitled an Act to provide for five road districts in Long county; to provide for five commissioners of roads and revenues, the method of electing; and for other purposes. Senator Minchew of the 5th offered the following amendment: Amend HB 512 as follows: By striking from that portion of Section 2 which enacts a new Section 4 the name of D. W. Davis wherever it appears and inserting in lieu thereof the- name of R. 0. Middleton. 760 JOURNAL OF THE SENATE, And further by adding a new section to be known as Section 3 to be inserted immediately after Section 2 to read as follows, to wit: "Section 3. The members of the said Board. of Commissioners of Roads and Revenues shall not receive compensation during any calendar year for more than thirty days service as such Commissioner during such year and any member of the said Commission serving more than thirty days on the business of the county shall not receive any compensation for such service above and beyond the period of thirty days aforesaid." And further by cha~ging the number of the last section from Section 3 to Section 4. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HR 46. By Mr. Ennis of Baldwin: A resolution vesting title to the "Jarrett Spring Lot" in the Board of Regents of the University System of Georgia, said lot being located in Milledgeville; 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. HR 24. By Mr. Gilbert of Glynn and others: A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn 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 36, nays 0. The resolution, having received the requisite constitutional majority, was adopted. WEDNESDAY, FEBRUARY 28, 1945 761 HR 56. By Mr. Massey of Dade: A resolution authorizing the Governor to trade certain land owned by the State for 100 acres adjoining the State park in Dade 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 29, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Baggett of the 51st asked unanimous consent that he be permitted to vote to disagree to the report of the Committee on Rules on HB 524, which report was made in his absence. The consent was granted. Senator Causey of the 46th asked unanimous consent that HB 564 be withdrawn from the Committee on Municipal Government, read the second time and recommitted. The consent W!!S granted. Senator Wall of the 9th moved that the following bill be tabled: SB 154. By Senator Hill of the 36th: A bill to be entitled an Act to amend Code Section 24-2728 to provide increased fees for clerks of Superior Courts in counties of less than 65,000 population; and for other purposes. The motion prevailed. Senator Harrell of the 12th moved that the following bill be tabled: SB 159. By Senator Yawn of the 48th: A bill to be entitled an Act to fix the venue of suits against insurance companies to provide suits may be brought in the county of the residence of the insured or any beneficiary; and for other purposes. On the motion to table the bill, the ayes were 20, nays 7, and the motion prevailed. The following bills and resolutions were read the third time and put upon their passage. 762 JOURNAL OF THE SENATE, SB 161. By Senator Edenfield of the 2nd and Gross of the 31st: A bill to be entitled an Act to create the Georgia Aeronautics Commission; to prescribe their powers and duties to provide for hearings and investigations; and for other purposes. Senator Sabados of the lOth moved that the above bill be tabled. On the motion to table the bill, the ayes were 5, nays 23, and the motion was lost. Senator Millican of the 52nd offered the following amendment to SB 161: Amend SB 161, Section 17, USE OF STATE AVIATION FUND, be amended by adding .to said section the following: "Of the funds so accruing to the State Aviation Fund from taxes on aviation gasoline seventy-five per cent thereof shall be used by the Commission for the purpose of this Act as herein described, and the remaining twenty-five per cent of said funds shall be returned to the counties, municipalities or other political subdivisions in proportion to the amount of said taxes collected on the sale of aviation gasoline on each of the airports controlled and operated by said counties, municipalities or other political subdivisions and shall be used by them for the exclusive purposes of maintaining, operating and improving their respective airports. The amendment was adopted. Senator Grayson of the 1st offered the following amendment: Amend SB 161 by striking from Section 15 thereof the following words "or the rules and regulations of the Commission for the enforcement of this act." The amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, Senator Harrell of the 12th moved the ayes and nays. The motion prevailed and the vote was as follows: Those voting in the affirmative were Senators: Bentley Branch Brown Caldwell Causey Cloud Gillis Gould Greene Harrell of 7th Hawes Hill Nix Peebles Rainey Riley Shedd Slaughter WEDNESDAY, FEBRUARY 28, 1945 763 Cook Daves Deal Drake Drinkard Edenfield Edwards Freeman Hodges Holsenbeck Mavity Millican Minchew Moate Moore Smith Stone Turner of 34th Turner of 35th Wall Welsch Wellborn Those voting in the negative were Senators: Harrell of 12th Sabados Not voting were Senators Baggett, Battle, Bennett, Chastain, Grayson, McGinty, Norton, Walker and Yawn. By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 40, nays 2. The bill, having received the requisite constitutional majority, was passed as .amended. Senator Millican of the 52nd asked unanimous consent that SB 161 be immetitution." The amendment was adopted. The resolution was adopted as amended. The president appointed on the part of the Senate as a committee the following: Senators Causey of the 46th and Freeman of the 22nd. Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed. The president announced the Senate adjourned until tomorrow morning at 10 o'clock. THURSDAY, MARCH l, 1945 775 Senate Chamber, Atlanta, Georgia. Thursday, March 1, 1945. The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president. Prayer and Scripture were offered by Rev. Richard Scoggins. By unanimous consent the call of the roll was dispensed with. Senator Walker of the 45th 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: 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 president of the Senate presented the wife and son of Senator Hawes of the 30th District. Mr. Cloud of the 19th 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 Ill. Do Pass HB 543. Do Pass 776 JOURNAL OF THE SENATl., Respectfully submitted, Cloud of 19th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HB 607. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Turner of the 34th District, Chairman of the Committee on Municipal Government, submitted the following report: Mr. President: Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HB 571. Do Pass Respectfully submitted, Turner of 34th district, Chairman. Mr. Causey of the 46th 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 225. Do Pass Respectfully submitted, Causey of 46th district, Chairman. THURSDAY, MARCH 1, 1945 777 Mr. Shedd of the 3rd District, Chairman of the Committee on Conservation, submitted the following report: Mr. President: Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman to report the same back tG back to the Senate with the following recommendation: HB 385. Do Pass Respectfully submitted, Shedd of 3rd district, Chairman. Mr. Turner of the 34th 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 538. Do Pass H B 608. Do Pass HB 594. Do Pass as amended Respectfully submitted, Turner of 34th district, Chairman. Mr. Daves of the 14th District, Chairman of the Committee on Hygiene and Sanitation, submitted the folowing 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 70. Do Pass HB 113. Do Pass Respectfully submitted, Daves of 14th di~trict, utairman. 778 JOURNAL OF THE SENATE, Mr. Moate of the 20th District, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: Your Committee on Counties and County Matters have had under considera- tion the following bill of the House and have instructed me as Chairman to report the same back to the Senate with the following recommendation: HB 593. Do Pass Respectfully submitted, Moate of 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 resolution of the House to wit: HR 125. By Mr. Harris of Richmond: A resolution repealing a resolution providing for a joint session to see a picture on Scientific Farming. 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: HR 108. By Mr. Gowen of Glynn: A resolution to pay Paul M. Strickland compensation for injuries incurred while in the line of duty as a member of the National Guard of Georgia. HR 94. By Messrs. Durden and Sapp of Dougherty: A resolution confirming suspension of tax on motor fuels used m the training of air pilots; and for other purposes. HB 125. By Mr. Kendrick of Fulton: A bill to be entitled an Act to amend Section 114-406 compensation for injuries by striking the figures 30 in sub-section A and inserting in lieu thereof the figure 60 wherever the same appears; and for other purposes. THURSDAY, MARCH 1, 1945 779 HB 327. By Messrs. Pittman of Tift and Arnold of Spalding: A bill to be entitled an Act to amend Section 12 of Article 2 of the banking laws as codified in Section 13-312 which relates to the salaries of assistant superintendent, examiners, and clerks of the Department of Banking; and for other purposes. HR 112. By Messrs. Alexander, Connerat and MeN all of Chatham: A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section IV, Paragraph I of the Constitution of the State of Georgia so as to authorize Chatham county to levy taxes for school purposes not exceeding fifteen mills; and for other purposes. HR ll7. By Messrs. Gilbert of Glynn, Ray of Warren, Evitt of Catoosa .and others: A resolution directing the Public Service Commission to initiate negotiations with the Army engineers looking to the development and re-location of the right-of-way of the Western and Atlantic Railroad; and for other purposes. HR 120. By Mr. Willis of Irwin: A resolution proposing to the qualified voters of Georgia an amendment to Paragraph VII, Section II, Article VII of the Constitution of Georgia so as to authorize the County Board of Education of Irwin county to levy a tax for school purposes; and for other purposes. HB 95. By Mr. Greer of Lanier: A bill to be entitled an Act to amend Section 93-501 of the Code of Georgia relating to procedure before the Georgia Public Service Commission; and for other purposes. 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: HB 370. By Mr. Bargeron of Burke: A bill to be entitled an Act to provide for exemption for a resident who catches or produces the fish and other seafood he sells at retail from paying any license; and for other purposes. 780 JOURNAL OF THE SENATE, HB 603. By Messrs. Harris, King and Holley of Richmond: A bill to be entitled an Act to provide for the appointment of stenographic reporters of city courts in counties having a city therein of not less than 65,000 nor more than 95,000 inhabitants according to the United States census of 1940, or any future census, to define their duties, fix their compensation; and for other purposes. HR 107. By Mr. Maund of Talbot: A resolution requesting the Governor, the State school superintendent and the State Board of Education to suspend the rigid enforcement of grammar school until more normal conditions return; and for other purposes. HR 127. By Messrs. Phillips of Columbia, Ray of Warren and Smith of Emanuel: A resolution expressing the appreciation of the General Assembly to the members of the delegation from the County of Richmond for their hospitality and convey to them with appropriate formality the expressions of appreciation. HB 174. By Messrs. Rossee of Putnam and Oden of Pierce: A bill to be entitled an Act to amend Chapter 42-1 entitled Chief Drug Inspector by divesting the Commissioner of Agriculture of the authority to appoint the chief drug inspector; and for other purposes. HB 514. By Messrs. Greer of Lanier and Smith of Bryan: A bill to be entitled an Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate the hospital for the indigent sick or near indigent sick in conjunction with the State Medical College; and for other purposes. HB 515. By Messrs. McNall, Alexander and Connerat of Chatham: A bill to be entitled an Act to authorize electric street railroad companies to be sold by companies generating electric power without impairing their right to continue generating power; and for other purposes. HB 551. By Messrs. Glisson of Evans, Smiley of Liberty and Hooks of Emanuel: A bill to be entitled an Act to provide manner and method of disposing of livestock and swine belonging to the State of Georgia; and for other purposes. The following message was received from the House through Mr. McCutchen, .:he Clerk thereof: THURSDAY, MARCH 1. 1945 781 Mr. President: The House has passed by the requisite constitutional majority the following Jills of the House to wit: HB 94. By Mr. Fortson of Wilkes: A bill to be entitled an Act to provide a complete and comprehensive vital statistic law for Georgia; providing the powers and duties of State Board of Health; to provide compulsory registration of births, etc.; and for other purposes. HB 523. By Mr. Lewis of Hancock: A bill to be entitled an Act to provide that Tax Collectors and Tax Commissioners shall have bonds executed by a corporate surety licensed to write surety bonds in this State; and for other purposes. HR 119. By Mr. Culpepper of Fayette: A resolution providing for John J. Davis to file a claim with the Board of Workmen's Compensation as entitled by law; and for other purposes. 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: HB 166. By Messrs. Oakley of Barrow, Campbell of Newton, Almand of Walton and others: A bill to be entitled an Act to provide for compensation and the method of payment to clerks of the superior courts for recording the enlistment records of persons serving in the armed forces during the present war; and for other purposes. HB 492. By Mr. Harrison of Jenkins: A bill to be entitled an Act to amend the Housing Authority laws by providing a regional or county housing authority shall have power to sell or rent dwellings outside of cities; and for other purposes. H B 588. By Messrs. Brumby of Cobb and Fowler of Douglas: A bill to he entitled an Act to provide that teachers in the University Sys- 782 JOURNAL OF THE SENATE, tern of Georgia who receive or hereafter receive retirement allowances from or through Regents of the University System of Georgia shall not be disqualified from benefits of a retirement system; and for other purposes. HR 116. By Mr. Hand of Mitchell: A resolution to relieve F. B. West as surety on the bond of Henry West; and for other purposes. HR 129. By Mr. Connell of Lowndes: A resolution requesting the Governor to suspend the operation of the Naval stores inspection fees; and for other purposes. HB 580. By Messrs. Hatchett and Thompson of Meriwether, Mrs. Guerry of M Battle, Senator C. L., Senate expresses regret over illness..............................................................................9 Bell, Larry, president of Bell Aircraft Corporation, presented to the Senate........................................103 Berrien county, tax commissioner retain ft fa fees additional to salary, HB 332........367, 369, 384, 424 Bibb county, levy license on occupation tax, HB 423........................................................377, 381, 455, 500 Bill of Rights, valid to minors, SB 25..................................................................................................61, 89, 100 Bill of Rights, valid to minora, HB 40..................................................................................95, 96, 97, 289, 854 Bleckly county, increase fee of sheriff, HB 438....................................................................564, 573, 650, 692 Blue Ridge circuit, fix salary of the solicitor general, HB 54 ........................................185, 187, 220, 242 Boards of adj~tment, to provide, SB 143............................................................................................................253 Board of health, vital statistics fees paid from funds appropriated, SB 54 ............................83, 174, 264 Board of regents, construct and operate hospital for indignent sick, HB 514............780, 806, 847, 907 Bouhan, Ron. John, presented to Senate................................................................................................................77 Boy Scout 'I'roop 59 recognized in the gallery..................................................................................................445 ~~~~t. ;~;3:~~r:~~~E~~!.~.~;~:~i::::::~~~~i~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~ Brooks county, peace officer to receive $100, HB 540 ..........................................................703, 708, 749, 800 Brooks county, sheriff to receive salary in addition to fees, HB 271............563, 574, 648, 686-687, 744 Brooks county, voters not eligible to vote for county school superintendent, HB 47 ....140, 147, 289, 818 Broome, Ron. C. J., presented to the Senate.......................................................................- ...........................349 Broome, Ron. Sherwood, presented to the Senate....................................... ..............................................656 Brown, Cpl. R. D., and wife paid for injuries received, HB 198............................654, 658, 748, 859-860 Brunswick, adding other employees to pension system, HB 221.............. ........184, 188-189, 219, 247 Brunswick, close certain streets, HB 594......................................................................662, 708, 809, 845, 860 Brunswick judicial circuit, additional salary to judge, HB 273................................415, 449, 498, 618-619 Brunswick, judicial circuit, fix salary of solicitor general, HB 188........................................218, 263, 292 Brunswick, to ratify closing of two streets, HB 452..........................................................482, 487, 580, 614 Brunswick Port Authority, created, HB 541..................................................................658-659, 664, 712, 886 Budget commission, authorized to reimburse department of law for expenses in freight rate case, SR 31..............................................................................................................................532 Building and Loan act, amended, HB 434..............................................................................783, 788, 848, 965 Burns, Ron. L. C., presented to Senate................................................................................................................127 Business license to veterans free, 10 percent or more disability, SB 224........................................557, 6!0 Button, Ron. Robert, Virginia State Pardon and Parole Board, presented to the Senate....................30 Butts county, state librarian to furnish volumes of court reports, HR 96....................701, 711, 795, 927 Butts county, two members of board of commissioners constitute a quorum, SB 235................732, 733 Byers, Ron. Grover, Georgia State Board of Pardon and Parole, presented to Senate........................30 Byrnes, Hon. James F. commended for placing ban on horse racing and conventions........................66 c Carlo, provide a city manager, HB 78....................................................................................135, 148, 175, 202 Calhoun, amend charter, SB 58................................................................................................94-95, 139, 154, 262 Calhoun county, fix salary and expense of commissioners, HB 475 ........................478, 525, 577, 615-616 Calhoun county, salary of sheriff in addition to fees, HB 598........................................705, 709, 752, 854 Calhoun county, ten dollars deposit in divorce cases, HB 518........................................702, 710, 752, 853 Calhoun, extend territorial limits, HB 116................................................................................................183, 191 Calhoun, tax levy fur school purposes, SB 184..............................................................350-351, 384, 419, 528 Camden county, governor requested to convey land, HR 73........... .......................782, 787, 883, 928 Camilla, amend act creating city court, HB 240.............................. ..............232, 236, 237, 290, 314 Camilla, new cbarter to create, HB 7..................................................................................................84, 114, 132 Camp Stewart land site, former owners permitted to repurchase, HR 27.... ...........141, 149, 176, 924 Campbell, Sheriff D. C., presented to Senate........................_____ ,_____ ......................................... 141 Campbell, Ron. John L., presented to Senate................................................................-.................................127 Campaign expenses filed with comptroller general or superior court clerks, SB 37....65-66, 90, 103, 952 988 INDEX Candidates in primary elections, prohibited in general elections, SB 71..................121, 328-329, 368-369 Candler county, $100.00 a month to sheriff, HB 14..................................................................67, 85, 114, 182 Candler county, aalary for sheriff in addition to fees, HB 602................................701, 710, 752-758, 803 Candler county, tax commissioner act amended, HB 15................................................67, 85, 114, 131, 133 Capital stock or any bank, unlawful to acquire majority, SB 108............................................213, 238, 269 Carmichael, Hon. James V., vice-president of Bell Aircraft, presented to the Senate........................103 Carrier of passengers baggage lien, foreclosure, HB 63......................................................180, 190, 289, 818 Carroll county, chairman of commissioners instead of executive director, HB 59 ....95, 97, 114, 129, 130 Carroll county commissioners, to furnish car upkeep for sheriff, HB 467....................479, 525, 578, 615 Carroll, Judge J. M., preEJented to Senate..........................................................................................................226 Carrollton, provide method of taxing property not returned, HB 466................479, 527, 579-580, 615 Cascade school, seventh grade class recognized in gal1ery......... . ........... 169 Castelow, Mrs. Fannie, presented to Senate_____ ...................... ---------- .......226 Catoosa county, clerk to attend trials in court of ordinary, HB 559.............. ....704, 707, 750, 853-854 Causey, Mrs. Homer, presented to Senate.. ....................... ............................. . .......... 94 Causey, Lt. Robert B., presented to Senate .................................................................94 Cedartown, zoning ordinances, HB 168.. ............................. .............................145, 148-149, 218, 245 Cemetery lots, prohibit sale where same may be reoold for profit, SB 64 ............................106, 173. 208 Cemetery lots, prohibit sale where same may be resold at a profit, SB 210................................475, 647 Chastain, Dr. J. R., presented to Senate...... ......................................................................................763 Chatham county, dinner invitation to state officials, SR 11....................................................................77, 80 Chatham county, salary of commissioners, HB 17..................................................................67, 85, 99, 131 Chattooga county, abolish present board of commissioners and create new board, HB 446....481, 487 Chattooga county. second primary held where candidates do not receive majority of votes, HB 316............................................................................................................561, 568, 648, 690-691 Chattahoochee county, increase salary of solicitor general, HB 88........................416, 448, 497, 620-621 Chattahoochee county, salary to board members, HB 49..........................................................84, 86, 99, 131 Cheatham, J. B., Jr., reading clerk, presented gift in appreciation of services...................,....................969 Cheatham, Mr. and :Mrs. J. B. and Mike, presented to Senate..................................................................410 Cherokee county, $10.00 deposit in divorce case9, HB 410................................................562, 571, 672, 717 Cherokee county, dates for holding three terms of court, HB 500........................702, 709, 794, 850-851 Cherokee county, fix salary of clerk of commissioners, HB 203............................183, 184, 189, 221, 246 Cherokee county, fiscal authority to pay cost in misdemeanor cases, HB 409............562, 569, 650, 692 Chickamauga, increase school tax, SB 65................................................................................106, 139, 155, 265 Chichester, Mr. and Mrs. Chicken, presented to Senate..................................................................................348 Civil aeronautics board, petitioned for service from Atlanta to Brunswick, SR 14......... ............l16 Clarke county, fix salary of members of board, HB 149..................................................182, 188, 219, 244 Clayton county, assistants and clerk for tax commissioners, HB 482.................... ..477. 525, 578, 618 Clayton county, City of Marrow changed to, HB 253.......................... ....................257, 258, 308, 334 Clearing at par of checks drawn on any bank, SB 237 ........... ...... ..................... ..............894 Clinch county, filling of vacancies in office of solicitor, HB 470................... ...636, 638, 713, 758 Clinch county, salary for members of board or commissioners, HB 469...... .......479. 525, 577, 616 Cloud, Mrs. HaweEJ, presented to Senate.... .......................... .................. .......................31 Cobb county deputy sheriffs paid $2.00 a day, SB 43.... ................73, 90, 100-101, 205, 209-210 Cobb county, fix salary of coroner, HB 286........................ .....................................563, 572, 672, 718 Cobb county, salary of the clerk of commissioner, HB 485.. .....................................477, 526, 578, 617 Cobb county, tax receiver list tax payers in alphabetical order, HB 135....................416, 450, 532, 582 Cobb, Mrs. Howell, presented to Senate.............................................. .................... ..103 Cogdell, Hon. Alton, condolence to family, HR 14................ ..............................................................70, 71 Cogdell, Alton memorial association commission created, HR 58... ..................565, 572, 715, 867 College Park, extends city limits, HB 548...... .................... .....65, 665, 891, 901, 909-912 Columbus, additional salary to mayor, HB 526 ...................... ...... ................560, 569, 650, 687-688 Columbu9, board of trustees public schools, authorized to sell property, HB 449........481, 486, 580, 614 Columbus, date changed for election of commission, HB 494..................................559, 569, 651, 688-689 Columbus, extends city limits, HB 459....................................................................486, 488, 554, 582-588, 646 Columbus, firemen to receive compensation for fighting fire outside of country, HB 448 .................................. ...........376-377, 381. 419, 456-457 Columbus, increase salary judge of municipal court, HB 90... ......................107-108, 220, 243-244 Columbus, levy tax upon value of property to pay expenses, HB 499 ..560, 570, 650-651, 688 Columbus, provide for a superintendent of education, HB 501.. ..480, 526, 581, 617 Columbus. to close certain atreets and sell said land, HB 607.. ...742, 745, 809, 851 Colquitt county, $12.00 deposit for divorce, HB 206.................................. ...447, 496, 678, 864 Colquitt county, $10.00 deposit for divorce, HB 530.... ............................ .............703, 708, 750, 853 Colquitt county, property reconveyed by state. HR 105...........................................785, 804-805, 849, 926 Colquitt county, state to reconvey certain property to Georgia Northern Railway Co., HR 106..................................................................................... ... ....786, 805, 849, 923 Colquitt county, state to reconvey certain property deeded for a farmers market, SR 35..........633, 755 Comer, regulate streets for business purposes, HB 58 ...145, 148, 239, 292 Commandant General, created, SB 117 ....,...........................................................................................................230 Commissioner of Agriculture, authorized to collect penalties where feedstuff i" deficient, SB 74..........................................................................122, 242, 263, 296, 343-345, 865, 905-906 Commissioner of Labor, authorized to promulgate rules for prevention of acci- dents. HB 101......................................................................................................................657, 663, 748, 908 INDEX 989 COMMITTEE REPORTS (STANDING) Agriculture........................................................................151, 256, 305-306, 351, 375, 494, 608, 609, 843 Aviation.............................................................. . ..........................................19, 284, 306, 351, 374, 609 Amendments to the constitution............. .. ..........................18, 351, 667, 695, 738, 789, 839, 843 ~~E:~~!~~F~~~g:;~~i~i~i~~:::~~~~~i~ii~~::~~i:::::::::::::::::::::::::::::::~~::::~:~:~~~~-~~~~-~~~:..~~~:..~.U: i!i Conservation......................-...............................................................................................................20, 233, 777 Counties and county matter&- 20, 47' 87' 88, 89, 97, 98, 109, 110, 111, 124, 150, 171, 172, 215, 216, 236, 259, 260, 286, 324, 351, 379, 412, 451, 453, 493, 530, 557, 558, 607, 645, 698, 733, 734, 778, 789, 834, 835, 897 Drainage.............................--20, 833, 834 Education and public schools........................................21, 124, 216, 217, 284, 285, 531, 574, 736, 834 Engrossing- 21, 111, 112, 137, 150, 170, 206, 207, 232, 233, 255, 287, 307, 323, 352, 353, 415, 469, 493, 529, 668, 697, 790, 833, 894 Enrollment- 21, 151, 181, 214, 255, 256, 287, 306, 307, 324, 352, 493, 529, 668, 734, 894, 895, 896 Finance..................................................................................................21, 125, 234, 325, 528, 736, 837, 842 Game and fish........................................................................................................22, 306, 327, 641, 668, 838 General judiciary number 1......................................................22, 88, 110, 111, 283, 557, 669, .789, 838 General judiciary number IL ....22, 206, 214, 215, 234, 284, 376, 608, 641, 776, 836, 837, 839, 843 Highways and public roads................................................................................23, 325, 451A 576, 644, 835 Hisorical research ....................................................................................................................................23, 494 Hygiene and sanitation............................................................23, 185, 186, 375, 495, 576, 777, 839, 840 Industrial relatians........................................................................................................23, 574, 735, 833, 836 Interstate cooperative committee of councils of state government....................................................24 Insurance............................-.....................................................................................................24, 642, 700, 844 Military alfairs................................................................................................................24, 62, 328, 452, 607 Mines and mining......................................................................................................................................25, 97 Motor vehicles.........................................................................................................................25, 171, 607, 739 Municipal government- 25, 98, 111, 138, 170, 217, 233, 234, 285, 286, 307, 308, 325, 326, 374, 378, 379, 380, 452, 453, 494, 575, 576, 643, 697, 737, 739, 776, 777, 835, 836, 897 Penitentiary......................................................................................................................................26, 609, 642 Privileges and electiona........................................................................................................26, 125, 328, 644 Public property........................................................................................................................27, 173, 738, 837 Public welfare............................................-...................................................................27, 150, 172, 285, 643 Rules ............................................................................................................................................................27, 557 School of the deaf............................................................................................................................28, 283, 284 Special judiciary....................................28, 215-216, 259, 326, 327, 492, 529, 670, 699, 733, 775, 840 State of republic..............28, 46, 47, 88, 125, 171, 235, 327, 375, 452, 644, 699, 791, 840-841, 842 Temperance -29, 736 University system of Georgia..............................................................................................30, 413, 698, 841 Veterans alfairs..................................................................30, 125, 126, 151, 235, 236, 283, 326, 608, 642 Western and Atlantic railroad............................................................................................30, 841, 977-978 COMMITTEE REPORTS (SPECIAL) Alto, investigation of................... ........................................................................................944-947 Penitentiary .................................................... .....................................................................................973-976 State port and docks..............................................................................................................................978-980 COMMITTEES (SPECIAL) Correct errors in HR 11, SR 57................................................................................................................774 Escort Doorkeeper Grilfin ..........,.................................................................................................................-.11 Escort Governor, joint session......................................................................................................................lO Escort Governor, joint session .........................................................----------------------126 Escort Governor. joint session.............................-......................................................................................434 Escort Messenger Williams...............................................................-............................................................12 Escort President Groas........................................................................................-.............................................7 Escort President Pro Tempore Grayson...................................................................................................... 11 Escort Secretary, Mrs. Nevin........................................................................................................................-.8 Investigate sum at the C. & S. bank, SR 53..........................................................................................903 Joint committee to investigate conditions at Alto, SR 17......................................207, 378, 626-627 Notit'y Governor General Assembly convened, HR 2............................................................................8-9 State milk control board, HR 31 ..............................................................................................................892 State PGrt and docks committee....................................................- ....................................................265-269 Study bills in connection with distribution of highway funds, SR 55............................................903 Unveiling plaque of Hoke Smith......................................-.........................................................................192 990 INDEX CONFERENCE COMMITTEE REPORTS SB 13, declaratory judgments ........................ ............................................. ................... ................346 SB 75, regulation and !.lllle of planting seed ................................................................................906 HB 35, superior court judges, retirement of............................................ .......868, 869, 904-905 HB 39, educatwn of orphans................................................................... ......................................627 HR 11, new constitution ........................................................................................ ...723-730 Common law marriages, declared invalid, SB 69........................................................... ..............95 Common school attendance, to regulate, SB 31..........................................................................64, 65, 221, 296 COMMUNICATIONS Allen, Ron. Marion, letter of tax extension...........................................................................................803 Family of Dr. W. F. Melton........................................................................................................................228 ~:;:,rn1~dt;;~,alkE:Th~;~h~~;.J~::::::::::::::::::::::::::::::::::::::::::::::::::::::~~---~~-::...~-~~:..~~~...1.~_8.'...~~~: ~~~ Compulsory school attendance, visiting teachers, SB 33 ........................................65, 287, 335-339, 864, 879 Condemnation and sale of vehicles used in transport of lottery tickets, HB 342................564, 572, 913 Condemnation of real property of evidence, admisgjbiJity and value, SB 22............46, 112-113, 195, 377 Condemnation of private property by state officials, SB 3............................................14, 48, 74, 147, 157 Condemnation of property for roads by condemnation for barrow pits, HB 471..........638, 876-877, 967 Confederate soldiers, graves marked, HB 207 ..........................................................................634, 640, 749, 967 Confederate veterans" widows, admission and maintenance at soldiers home, SB 232 ________________632, 716 Congress memorialized to enact renate bill 181, HR 87................................................................486, 491, 867 Congress requested to equalize payments by TVA, HR 61............................................................320, 923-924 Conservator appointed by ordinary where no power o! attorney was executed, SB 223....................557 Copy revised constitution furnished each newspaper in Georgia, SR 34..................................................763 Coroners, $10.00 for each death reported caused by motor vehicles, HB 455........741, 744, 848, 898, 972 Corporation act amended, superior courts to grant charters, HB 402............636, 638-639, 712, 902, 972 County boards of education, provide tranaportation for pupils, SB 135..........................252, 287, 684-686 County boards of registrars, not required to assist in registering voters, HB 396........357-358, 385, 457 County boards of tax assessors, required to complete revision earlier, HB 164..........634, 640, 749, 956 County lines, method of changing, SB 119 ................... ..231, 288, 312, 492 County officers sued only in county of residence, HB 117. ....................416, 448 County rabies inspector, created, HB 70.............. ................... .......657, 663, 809, 889 County school superintendent classified, SB 172...................................... .. ........................ 3 0 5 County school superintendent classified, HB 580:...................................................................................782, 805 Court of appeals, fix salary of deputy clerk, HB 8................................................................146, 149, 289, 817 Court of appeals, increase membership to seven judges, HB 22 ..............................413, 450, 497, 817-818 Court of appeals, judges administer oath to members of general assembly, HB 106..181, 188, 239, 269 Court of appeals, provide for the granting of supersedeas, SB 15..............................................16, 113, 197 Court reporters, establish standard of efficiency, SB 196..............................................................................410 Coweta judicial circuit, fix salary for court reporter, HB 74............................................180, 187, 220, 243 Coxon, Mrs. Helen, Georgia state pardon and parole board, presented to Senate....................................30 Crawfordville, provide water works superintendent, SB 103............................................212, 263, 291, 482 Cross-examination, privilege of either party in civil suit, HB 225..........................740, 746, 809, 955-956 Crouch, Ron. John, presented to Senate.............._..............................................................................................144 Cuthbert, amend charter, HB 29................. .................................................................84-85, 98, 130 Cuthbert, zoning ordinances, HB 153.......... .. ...............................................................145, 149, 218, 245 D Dalton, civil service comm1ss1on, HB 157...................................... ......................145, 149, 220, 248, 278 Danielsville, abolish city court, HB 268....................................................................................257, 259, 332, 364 Darien, abolish city court, SB 76................................................................................................122, 174, 198, 354 Darien city council close certain streets, SB 113....................................................................230, 288, 309, 414 Date changed for filing exemptions on household furniture, HB 162..............485, 490, 751-752, 889, 954 Daves, Senator V. C., telegraphs regrets on opening day .............................................................. 12 Davis, John J., to file claim, HR 119................. .............................................781, 808, 878, 928 Davis, Judge Dorsey, presented to Senate........................................................................................................103 Dawson county, salary for sheriff, HB 314..............................................................................561, 568, 648, 690 Dawson, Ron. Howard A . invited to addre99 joint session, HR 79 ..................................................414, 446 Dawson, Ralph, presented to Senate....................................................................................................................348 Debate limited to ten minutes, SR 32....................................................................................................................495 Decatur, assessment of sanitary taxes, HB 457.. ....................................................................481, 487, 580, 616 Decatur, fixing date of election, HB 109..................................................................................135, 148, 175, 201 DeKalb county bond commission, to create, HB 53................................................................78, 79, 80, 91, 102 DeKalb county school, freshman civil class presented to Senate................................................................277 DeKalb county, salary for coroner, HB 136............................................................................416, 460, 497, 620 DeKalb county, water works advisory board, to create, HB 137......................................182, 191, 219, 244 DeFoor, Sgt., presented to Senate........................................................................................................................349 Dennis, Mrs. Belmont, presented to Senate........................................................................................................651 Department of audits and accounts, to amend, SB 1............................................................13, 47-48, 66, 141 Department of labor, amend act, SB 212....................................................................................................476, 577 INDEX 991 Department of natural resources, act amended, HB 386............................................741, 746, 797, 962, 963 Department of public safety, act amended, SB 230................................................................................606, 647 Department of public safety, authorized to destroy slot machines, SB 177............................322, 454, 674 Department of public safety, to approve all officers on the highways, SB 191....................................373 Department of public welfare, to accept federal grant-in-aid funds, SB 61...-........82, 162, 196-197, 899 Department of state library, reorganized, SB 124................................................................260, 330, 630, 631 Deputy recorder, office created, SB 180..........................................................................350, 383, 420, 661, 673 Development plan adopted by counties, SB 221..............................----566 Devine, Hon. Russell, presented to Senate............................................:...............................................................SO Directior of corrections, pay cost of inquest where prisoner is killed, SB 213......476, 647, 796-797, 951 Director of entomology, make rules for persons engaging in entomological work, SB 203........446, 610 Director, state board of social security, governor fix salary, SB 112........- ............230, 288, 311-312, 955 Director, state highway department, prequalifieation of contractors, SB 236.................................~733 Distribution of revenue derived from gasoline tax, Divor:~a::s:;j~j;08it".~r-$1ii:oo;sB"sii::::::::::.:::::::::::::::::::.~~-~:...~~~:..~~~:...~.~-~-~~~~:...~.:.~:.1~i~ 2~~~2~~~-m Dodge county, abolish office of commissioner, HB 441....................................- ....................................481. 488 Dodge county, appointment of special deputy sheriff, HB 442..........................................664, 573, 650, 692 Dodge county, appointment of probation officer, SB 157....................................- ........................................280 Dodge county, appointment of probation officer, RB 415..........................................856, 361, 368, 385, 421 Dodge county, certified public accountant selected by judge, SB 55....................................83, 128, 140, 262 Dodge county, commissioner to publish list of qualified voters, SB 204 ..................................................446 Dodge county, establish a five-man board of commissioners, RB 422......................................481, 488, 721 Dodge county, prohibit trapping of wild animals, SB 50........................................................82, 99, 308, 386 Dodge county, salary of tax commissioner, RB 480..............................................................478, 525, 794, 851 Dooly county, salary of sheriff in addition to fees, SB 238............................................................................894 Douglas county, to abolish office of treasurer, RB 334........................................................357, 359, 384, 424 Downing, Ron. Robert F., presented to Senate................................................................................................127 E Easter, Mr. and Mrs., presented to Senate........................................................................................................924 Eastman, amend charter, SB 163........................................................................................281, 331, 368, 572-578 Eastman, increase salary of city court judge, RB 414 ................................................356, 361, 368, 385, 422 East Point, mayor's salary, SB 166..........................................................................................304, 331, 367, 528 Echols county, election of board members, RB 113.......................,........................................108, 109, 176, 201 Echols county, repeal law dividing county into three districts, HB 112..................108, 109, 176, 201-202 Edenfield, Ron. Homer, presented to Senate....................................................................- ................................210 Edenfield, Mrs. Mose, presented to Senate........................................................................................................475 Education fund f'or orphans of members of armed forces, HB 39............................................................................185, 188, 240, 267-268, 484-485, 496, 567, 627-628 Eggs, regulate the marketing of, SB 178................................................................................322, 383, 675, 718 Elbert county, salary .of commissioner, SB 189....................................- ................................372, 417, 455, 466 Elbert county, salary of clerk of commissioner, SB 190..............................................................372, 417, 456 Elbert county, salary of deputy clerk, SB 93........................................................................203, 238, 335, 566 Electric street railroad companies, power not impaired, RB 515......................................780, 805, 847, 968 Elections, not called on legal holidays, SB 30............................................................................64, 128, 198-199 Electors to state political party affiliations, SB 85 ................................................................136, 328, 621, 903 Elector pennitted to vote in districts other than where he resides, RB 252 ............661, 570, 751, 886-887 Emanuel county, board of commissioners to elect own clerk, RB 311............................279, 282, 332, 365 Emanuel county, board of commissioners to fix salary of clerk, RB 310..................279, 282, 332, 365-366 Emanuel county, salary of tax commissioners, RB 542........................................................659, 664, 749, 798 Employment of children, regulated, SB 39................................................................73, 118, 174, 210, 222-226 En'\'ichment of flour, bread, etc., RB 169.......................................................- ...............479, 523, 580, 679, 888 Equal distribution of gasoline tax, SB 111........................................................................................................239 Erickson, T. W., paid for damages, RB 18....................................................................561, 570, 751, 920-921 Eses, Ron. Walter, presented to Senate................................................................................................................63 Everett, Hon. Edward, chainnan Georgia State Pardon and Parole Board, presented to Senate ............................................................................................................................................................30 Express trusts and trustees, creation of, SB 225......................................................................................606, 716 F Family of Ron. Gordon Bowers, extended sympathy, HR 38..............................................................181, 613 Fertilizer inspectors, appointment of, SB 73............................................................121, 152, 208, 612, 672-673 Fire insurance policies, may cover explosions from causes other than explosives, HB 83......................................................................................................................................783, 784, 788, 966 Fitzgerald, to create a joint airport commission, SB 211............................................476, 610, 651-662, 748 Foreign corporations, own mineral rights without incorporating, SB 44................- ........73, 98, 115, 612 Foreign corporations, terms and conditions, HB 51............................................416, 461, 611, 816-817, 846 Forrester, Dr., chaplain, preaented bible in appreciation of services........................................................969 Forester, Mrs. Elbert, presented to Senate........................................................................................................128 Forester, Elbert, assistant secretary, presented gift in appreciation of services....................................969 992 INDEX Fort Valley, defining duties of water and light commission, HB 345..........................353, 361, 385, 420 Freeman, Mrs. William, presented to Senate....................................................................................................167 Fulton county, amends budget act, HB 424 ......................................................................702, 707 747-748 853 Fulton county, amends civil service board, SB 8..........................................................................15, 48, 91; 260 Fulton county, board of education to call elections on issuing school bonds, HB 443.. 565, 573, 611, 690 Fulton county, board of education, to create a pension and retirement of teachers, SB 19..........................................................................................................................................45, 89, 99-100, 187 Fulton county, board of education, repeal retirement fund for teachers, SB 20 ..............45, 89, 100, 186 Fulton county, civil service board amended, SB 168......................................................................305, 454, 498 Fulton county, civil service system for probation officers, HB 341..................................563, 573, 611, 690 Fulton county, establish parks and recreation commission, SB 216................................523, 577, 622, 743 Fulton county, fix fees to be collected by coroner, HB 339................................................563, 574, 611, 691 Fulton county, judges of superior court salaries supplemented, SB 228........................606, 647, 677, 953 Fulton county, pension system amended, SB 87 ....................................................................144, 221, 240, 354 Fulton county, pension fund for county police department, SB 169........................305, 497, 678-679, 863 Fulton county, repeal civil service system for police, HB 340 ..............:...........................701, 710, 749, 800 Fulton county, repeal law where chief deputy of official can succeed in case of vacancy, SB 116....230 Fulton county, regulations of fire prevention, HB 488........................................................................662, 710 Fulton county, stenographer required to be present before grand jury, HB 579............705, 709, 794, 852 G Gainesville, extend city limits, SB 114 ............................ ................................................230, 289, 309, 566 Gainesville, fix salary for members of city commission, HB 287..............................................355, 358, 455 Gainesville, provide for zoning and planning laws, HB 326....... ...............353, 361, 385, 423-424 Gainesville, to increase taxes for school purposes, HB 179........ ..............................182, 191, 219, 245 Gasoline used on farm operations exempt from tax, HB 367....................................................743, 796, 883 Gathering of oysters, regulated, SB 95....................................................................................204, 329, 631, 867 "General appropriation act" amended, teacher retirement system, HB 1................69, 70, 71, 74, 91-92 Georgia aeronautics commission, created, SB 161............................................................280-281, 362, 762-763 Georgia air commerce act, created, SB 99 ..............................................204, 308, 362-363, 627-628, 630, 653 Georgia citizens council, created, SB 89........................................................- ....................................................145 Georgia citizens council, created, HB 420..................................................................741-742, 744, 809, 919-920 Georgia coordinate system, adopted, SB 144..........................................................253, 330, 369, 865, 881-882 Georgia development authority, created, SB 128..............................................................................................250 Georgia delegates in congress requested to support a bill by Senator George, HR 121..............................................................................................................................783, 787, 883, 928-929 Georgia northern railway company, state to reconvey certain property for farmers market, SR 36............................................................................................................ .........633, 754 Georgia public service commission, to provide rules for procedure, HB 95 ....................779, 806, 878, 966 g.~~~: ~~tr~~:c:..~~~y~~h~~~~d sf~r1~;;;;:,"pii"~~;;t;,:~~---p~~s.:::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::.::::::11~ Gholston, Hon. J. Knox, invited to address General Assembly, SR 13............................106 ,107, 128, 140 Gibson, four members to city council, HB 152................................................................'183, 191-192, 239, 292 Gillis, Mrs. J. L., Sr., presented to Senate........................................................................................................371 Glascock county, abolish board of commissioners, HB 200..................................................183, 190, 220, 246 Glascock county, create a board of commissioners, HB 201..............................................183, 190, 220, 246 Glascock county, salary of treaBUrer, SB 53..............................................................................83, 174, 193, 262 Glynn county, abolish office of justice of peace, HB 529............................................703, 707-708, 757, 801 Glynn county, sale of land to Sea Island company, HR 24 ................................................356, 361, 455, 760 Goldwin, Hon. S. M., presented to Senate......................................................................................................276 Gordon county, salary of tax commissioner, HB 435 ......................................................481, 488, 579, 618 Gould, Mrs. James, presented to Senate...................................... .........................................................797 Governor Arnall, addresses joint session..........................................................................................................31-44 Governor Arnall, attorney general, commended on freight rate case, HR 16....................................70-71 Governor Arnall, joint session for message, HR 77............................................................ ...414, 434 Governor Arnall, members of committees in preparing new constitution, thanked, SR 29........394, 566 Governor Arnall, presented silver bowl to President Grosa..........................................................................969 Govrnor Arnall, requested to reduce age limit for chauff.,ur's licenses, SR 46............ .......695, 755 Governor Arnall, addresses joint session, HR 5................... ...................................................... .........10, 31 Governor, authorized to appoint commission to study pension fund systems, SR 30 ................523 Governor, authorized to appoint two farmers as members of the board of directors, SB 109..................................................................................................213, 238, 311, 864, 879-880 Governor, authorized to purchase land for livestock experiment station, HB 133........480, 523, 714, 967 Governor, authorized to tTade for land adjoining state in Dade county, HR 56..........661, 666, 714, 761 Governor directed to contract rates for publication of proposed new constitution, SR 40 ............657, 717 Governor, director of state parks, requested to investigate the possibilities of parks on the coast, HR 100................................................................................................................637, 774 Governor, department heads, urged to bring return of all Camp Stewart property, SR 24 ........322, 383 Governor, department heads urged to bring return of all Camp Stewart property, HR 68....................................................................................................................662, 755, 711, 830 Governor, members of the agricultural and industrial development board commended, HR 34....185, 924 Governor requested to reconvey certain property to Albany, HR 93........................783, 787, 883, 925-926 Governor requested to BUspend operation of naval stores inspection fees, SR 50 .................. 831 INDEX 993 Governor requested to suspend operation of naval stores inspection fees, HR 129................................782 Governing authorities to enact zoning and planning ordinances, SB 134................................................261 Gowan, Judge, presented to Senate.................................................................................................-......................297 Grady county, bond of sheriff paid from county funds, HB 657........................................636, 637, 712, 759 Graham, Hon. J. E., presented to Senate............................................................................................................318 ~:~~o~~~;!~~~~ci::~! ~--:~~:~~~::~:;~-~i~~~i::.~~~::~~~~~~::::::::::::::::::::::::::::::::::::::::::::~~~:--~~~:..~-~-~:..~i~ Grayson. PreErident Pro Tem., presented gift in appreciation of services................................................969 Greene, Mrs. A. M., presented to Senate................................................................................................................63 8~\:\~: ~~e~:r~:.a:~~te~~.!~t;;;;P;;~---_______-_-_-_-_-_-_-_-_-_-_-_-_-_-________-_-_-_-_-_-_-_-____-_-_-_-_-_-_______-_-_-__-_-_-__:::::::::...::__-_-_______::2_~:.'...:~~:...~-~-~-'---~~~ Griffin, A. Perry, presented gift in appreciation of service as doorkeper..............................................969 Griffin, Spalding county hospital authority authorized to spend or invest Gross, S:,~~t".;rHfra~~-c:;;;j~~~dP~;;~id;;;;t_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-~~~:...:~~:..~.8~:...~=~ Gross, President Fl-ank C., presented gift in appreciation of services......................................................969 Groves, Hon. Robert W., presented to Senate.............................................................................-....................319 Gwinnett county, salary far sheriff in addition to fees, HB 312....................................561, 567, 715, 756 H Hancock county, 4 terms of superior court, HB 351............................................................564, 671, 648, 689 Hancock county, sheriff to receive salary, HB 610........................................................742, 747, 868, 917-918 Hapeville, create civil service system, HB 608........................................................................742, 746, 809, 862 Haralson county, fix oolary and expenses of' commissioner, HB 634......................6"68, 664, 748, 798, 899 Harlan, Mrs. George L., presented to Senate......................................................................................................12 Harrell, Mrs. Wallace, presented to Senate........................................................................................................10o Hawes, Mrs. Peyton, presented to Senate..........................................................................................................105 Hawkins, Judge, presented to Senate..................................................................................................................210 ~::~t~np:~h:s~x~o~':.~~d~r::.e1}!-;,:;;.~-.---~-;;i~"ir:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.~~:..~~~:...~-~-9.'...iii Heard county, create office of commission, HB 295................................................................................376, 380 Henry county, abolish city court, HB 66......................................................................................96, 97, 221, 243 Henry superior court, to provide for 4 terms, HB 65................................................180, 189, 221, 242-243 Hogansville, commisoion form of government, SB 164........................................................304, 331, 367, 528 Hogansville, commission form of government, HB 399........................................................376, 381, 455, 500 Hoke Smith memorial plaque, unveiling of, SR 16........................................................................................192 Holsenbeck, Mrs. William, presented to Senate....................................-.........................................................127 Holt, Hon. Hamilton, presented to Senate.......................................................................................................-297 Hooper Alexander school, seventh grade recognized in gallery..................................................................141 Homerville, to provide term of mayor, HB 317......................................................................366, 360, 385, 421 Homestead exemption Jaw, amended, HB 463......-----786, 804, 877, 962 Homestead exemption Jaw, amended, HB 161................................................................484, 490, 751, 890, 954 Hospital authority, to provide pension system for employees, SB 179............................350, 382, 675, 952 Housing authority Jaws, amended, HB 492...............................................------781, 805, 848, 960-961 Houston county, change time for holding court, HB 217....................................................417, 449, 532, 581 Huey, Hon. W. E., presented to Senate................................................................................................................127 Hunter, Hon. R. W., presented to Senate..........................................................................................................276 I Dlegitimate children, adoption records keep secret, SB 106................................................213, 237, 238, 296 Income taxes abolished for military forces upon death, HB 241........................................247, 533, 885-886 Income law amended, 6 percent on refunds, HB 371............................................................740, 746, 798, 969 Inoculation of dogs once a year, SB 176..........................................................................................322, 383, 681 Insurance companies, board of directors to fix numbers, HB 151..............................785, 804, 846-847, 961 Insurance companies investments, 66 2/3 inatead of 50, HB 307....................................786, 804, 848, 965 Insurance companies to bring suit in the county of the insured, SB 159....................280, 382, 693. 761 Insurance commissioner to receive all premium taxes, HB 67................485, 490-491, 649, 815-816, 845 Insurance, cover losses from windstorm, tidal wave, etc., SB 57 --------------------------------94 Insurance department of the State of Georgia, created, SB 233 ........................................................633, 716 Irwin county, fix salary of commiffiioner, HB 286................................................................278, 281, 333, 364 Irwin superior court, provide for three terms, HB 25 .....................................................123, 127, 152, 177 J Jackson county, salaries of commissioners, HB 92..................................................................107-108, 221, 244 Jasper, amend charter, HB 329..................................................................................................353, 359, 384, 423 Jasper county, fix date for meeting of commissioners, HB 98........................................107, 109, 152, 177 Jasper county, salary of sheriff, HB 609.............................................................................-784, 788, 877, 908 Jay, Solicitor General, presented to Senate....-...................................................................................................318 994 INDEX Jeff Davia county, salary of sheriff, HB 26----------------------------------------------------------------------------------78, 79, 90, 101 Jenkins county, salary of tax commissioner, HB 569______________________ ----------------------------------662, 705, 750, 801 Jewish fellow citizens commended, SR 28 (1st read Feb. 14th) Jewish fellow citizens commended, HR 86-------------------------------------------------------------------------------------..486, 491, 924 Johnson county, ordinary authorized to employ certified public accountant, Joint cHoBmm50i9t-t-e--e----t--o----c--o--n--t--i-n--u--e----i--t-s----f-o--r--c--e----a--n--d-----e-f--f-e--c--t---a---t---A---l--t-o--,----S--R-----4--8--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_5_6__5__,___5__7__3__,___6_84a9i-863520,, 965848 Joint session far the unveiling the plaque of Hoke Smith, HR 42----------------------------------------------------206-207 Joint session, to see motion picture on reientific farming, HB 124----------------------------------------------------830-831 Joint seBSion repealed, motion picture on scientific farming, HR 125---------------------------------778, 783, 831 Jones, Commander Stanley A., presented to Senate-----------------------------------118 Jones county, salary to sheriff, HB 313..------------------------------------------565, 571, 611, 652 Jones, Hon. Marvin, urged to rescind order and permit the Labor Procurement Division to remain in Atlanta.............................................._______________________________-----------178 Judges of supreme court, authorized to make rules for bar examinations, SB 10......15, 114, 156, 626 Judicial council, to create, SB 12....----------------------------16, 113, 199, 378, 626 Justices of the peace, new schedule of fees, SB 208......................................................................................447 Justices ot the peace, new schedule of fees, HB 257.-------------------------------------476, 524, 611 K Keesley, Rev. Edgar, presented to Senate...... ---- ------- .....................176 Kellly, Hon. G. Fred, presented to Senate........................................................................................................-.211 Kerosene, when used as motor fuel not to exceed 6 cents per gallon, HB 34 ......413, 448, 533, 686, 744 Kilpatrick, Dr. E. G.. presented to Senate..........................................................................................................134 Kimbrough, former Senator Henry, presented to Senate................................................................................348 Knox, Judge Gordon, presented to Senate.. ... ------------371 L LaFayette, to amend charter, SB 61..........................................................................................106, 139, 155, 262 LaGrange, clerk of city court paid same fee as clerk of superior court, SB 199....411, 496, 533, 646-647 LaGrange high school government class recognized in gallery....................................................................212 Land registration law, amend code section, HB 11..............................................................123, 126, 219, 241 Lakeland, provide method of filling vacancies of mayor or alderman, HB 451....................481, 487, 718 Land script fund, redemption of bonds, SB 32 ....................................................................................................65 Land script fund, redemption of' bonds by state, HB 80..............................................180, 189, 240, 854-855 Lanier county, create three-member board of commiEJSioners, HB 318............. ......279, 282, 333, 366 Lanier Sidney, nominated to hall of fame of New York university, HR 44 ................415, 451, 498, 612 Lanier superior court, provide four terms, HB 205..... ...................... ...............417, 450, 497, 619 Laurena county, officials to license coin machines. HB 53L.... ------------- ...............703, 708, 749, 909 Ledge, Hon. Homer, presented to Senate....................... -------- ......................93 Lee county, five members of board of commissioners, HB 400 ....356, 358, 455, 500 Legal holidays, set out, SB 6 .................... .....................14-15, 48, 74-75, 147 Legislature of Tenn. memorialized for uniform motor vehicles, HR 62 ........ Letter from secretary of war or navy, death of any person held aa evidence in ........320, 613 any court, HB 278........................................ ................... ...................................479, 524, 672, 963 Lewis, J. C., paid for turnkey fees, SB 158 ............................. ............................280, 362, 386, 566 License levied on fishing boats from Jan. 1st to Dec. 31st, SB 94..................................203, 330, 622, 867 Limit to seven years the effect of' filing for records, etc., provide clerk's fee, SB 231........................607 Lincoln county, salary of sheriff, SB 205................................................................447, 496, 533, 646, 682-684 Lilly, Hon. John, presented to Senate.....-----------------------276 Livestock health board, to create, SB 62......................... ------ ............82 Livestock and swine, method of disposing of, HB 551. -------- .........780, 807, 847, 964 Loans on real estate by banks, law amended, HB 141........................................................483, 489, 579, 887 Long county, provide five road districts, five commissioners, HB 512 ............560, 568, 715, 743, 759-760 Louisville, amend city court, HB 597........................................................................................662, 706, 750, 800 Lowndes county, abolish board of commissioners, HB 238 ........................................184, 190, 220, 247-248 Lowndes county, amend act incorporating Town of Lake Park, HB 243................256, 257, 258, 332, 366 Lowndes county, create board of commissioners, HB 237 ....................................................184, 188, 220, 247 Ludowici, extend city limits, HB 48 .......................................... .....559, 570, 650, 6!\.7 Ludowici, fix salary of judge and solicitor, HB 497... ----------497, 526, 672, 7i'T Lyons, fix salary of judge and solicitor, HB 490 ............................ ---- ..........478, 526 Lyons, repeal act which amended the act establishing city court, HB 487 ................477, 526, 578, 616 M Macon, amend board of tax assessors, HB 447.......... .........................................377, 381, 455, 499 Macon county, state reconvey land back to, HR 7...............................................................123, 127, 176, 209 Macon, elections held from 7 a. m. to 7 p. m., HB 554... -----------659, 665, 713, 758 Macon, provide for and sale of certain tracts of land, HB 476........................................478, 525, 681, 616 Macon, salary of mayor, HB 461 ..............................................................................................636, 638, 712, 756 INDEX 995 Mac~m, trust funds f?r public works, HB 42~ ........................................................................377, 381, 455, 499 Madison county, holdmg f'our tel"lilB of superior court, HB 246........................................415, 449, 497, ,619 Madison county, salary of clerk of commissioners, HB 118..............................................136, 148, 176, 201 Marion county, salary to sheriff in addition to fees, HB 458..............................................703, 707,-748, 853 :~~~~. cMr~~YJ-""~~~YP~!se~~do:m~~~:-~~---~~---50--.~~----~-.-~-.-~~----~~--~~~~--~~----~~~--~--~~--~~~~----~~~-:.~~---_--~--~~~----~~----~~-----~::..8-~:...~~:...~!g Meacham, Ron. William, presented to Senate....................................................................................................30 Melton, Wightman F., admiration expressed to family, HR 20..........................---------83, 86 Melton, Wightman F., condolence upon the passing of, SR 9................................................................77, 91 Members of armed forces, exempt from penalties on failure to return tax, HB 121..................................................................................................................................483 488-489, 533, 855 Members of the military, drive without license while on furlough, HR 15................124, 127, 176, 209 Memorializing congress on post-war military establishment, SR 5................................................17, 62, 186 Meriwether county, salary for clerk of superior court, HR 269................................563, 570, 649, 692-693 Message from Governor Arnall, joint session to hear, HR 26................................................................122, 126 Method of calling an election where liquor is legalized, HB 524........................................................658, 664 Method of computing income tax for persons who die, HB 357................................741, 746, 798, 957-958 Method of figuring income tax for corporations, SB 91....................................169, 239, 310, 900, 947-949 Method provided, showing person has been restored to sanity, SB 107..................................213, 237, 310 Metter, fix salary of judge and solicitor of city court, HB 102........................................124, 127, 163, 178 Metter, salary of mayor and councilmen, HB 75........................................................134, 147, 148, 175, 202 Middle judicial circuit, salary for court reporter, HB 587............................705, 708-709, 793-794, 851, 862 Milk control board, act amended extending time to Jan. 1951, HB 224........................668, 663, 714, 884 Milk control board, committee be renamed, HR 31................................................354, 362, 612, 891-892, 901 Miller county, aboliah city court, HB 404....................................................................................................367-358 Miller county, abolish present board of commissioners and create new board, HB 406............477, 624 Miller county, create office of tax commissioner, HB 405....................................................................477, 524 Minimum price for livestock and swine sold in this state, SB 72....................................121, 152, 210, 295 Misdemeanor to empty trash on public roads, SB 156........................................................280, 382, 677, 951 Mitchell county, increase bond of sheriff, HB 239................................................................232, 236, 290, 316 Moate, Senator Marvin, granted leave of absence..............................................................................................202 Monroe, provide for freezer locker plants, HB 463 ......................................................486, 488, 580, 614-615 Monroe county, aalary of tax commissioner, HB 593..........................................................661, 666, 796, 908 Montgomery county, state librarian to furnish volumes, HR 72................................662-663, 711, 755, 926 Moore, Ron. Jim, presented to Senate................................................................................................................141 Moore, Mrs. W. C., presented to Senate................................................................................................................71 Morgan county, fix salary of clerk of commissioners, HB 99............................................107, 109, 163, 177 Morgan, Judge W. E., presented to Senate........................................................................................................334 Morrow school, class recognized in gallery............................................................................................................77 Morton, Ron. W. J., presented to Senate............................................................................................................211 Moses, Col. P. S., presented to Senate................................................................................................................119 Motor fuel tax fund distributed by repreaentation in General Assembly, SB 160........280, 331, 387, 388 Motor fuel tax law, amended, SB 115......................................................................................230, 330, 369, 955 Motor fuel tax law amended, exempting gasoline used on farms, SB 187..............................................372 Motor license fees limited for construction of highways, SB 152......................................................254, 256 Motor vehicle safety responsibility act, created, SB 150............254, 610, 721722, 901, 902, 949-951, 970 Motor vehicle speed limit, forty miles per hour, SB 82................................................................................136 Moultrie, amend charter to include land adjacent to air bases, HB 196....................266, 268, 308, 338 Municipalities, authorized to establish post-war public works reserve funds, HB 289 ....................................................................................................................740, 747, 877, 901, 918-919 Municipalities, to enforce airport zoning regulations, SB 140..................................................262, 610, 681 Muscogee county, commissioners to adopt zoning ordinances, HB 502............................702, 709, 762, 802 Muscogee county, construct and extend public sewers, HB 656....................................636, 637, 712, 757-768 Muscogee county, increase fee of coroner, HB 408......................................................564, 574, 651, 691, 692 Mureogee county, Increase fee of coroner jurors, HB 407..................................................662, 669, 661, 691 Muscogee county, provide pension fund for employees, HB 562..............................................637, 712, 768 Muscogee county, to assign identifYing numbers to all buildings, HB 496............703, 704, 710, 752, 852 Me m :~gr::;,-~:.:.nys;.:ll~r~:!rtedn~t&":.!'te"f.'___I_I~---126__- ______________ ::::__ :.::::::::::::::::::::::::::::::::::::::::::::::.7_8_2.'... McGinty, Ron. J. Roy, Jr., presented to Senate......................... ................................................................319 McGinty, Senator J. Roy, illness deplored..........................................................................................................793 Mcintosh county, additional salary to judge and solicitor, SB 104..................................212-213, 263, 291 Mcintosh county, board of commissioners to repeal laws establishing, HB 43....................78, 79, 91, 101 Mcintosh county, repeal authority to commissioners creating zoning outside of city, HB 44..............................................................................................................................................78, 79, 91, 102 Mcintosh county, to divide in 5 districts, HB 42..........................................................................78, 79, 90, 101 Mcintosh superior court, provide for 4 terms, SR 105........................................................213, 263, 291, 863 McWhorter, Ron. Hampton, presented to Senate............................................................................................732 996 INDEX N Nashville, amend charter, SB 42 ..................................................................................................73, 141, 153, 260 Nevin, Mrs. Henry W., elected secretarY--------------8 Nevin, Mrs. Henry W., presented gift in appreciation of services............................................................969 New scale of fees for constable established in militia districts, HB 139........................................483, 489 New schedule of fees established for sheriffs, SB 118..................................230-231, 288, 312-314, 865, 881 Newton county, fix salary of treasury, HB 302....................................................................279, 282, 385, 423 Nix, Mrs. Arthur, presented to Senate................................................................................................................893 No administration of estate necessary if heirs obtain order from the ordinary, SB 70....121, 222, 953 Northern judicial circuit, increase salary of solicitor, SB 66....................................106, 221, 240, 491-492 Norton, Mrs. W. F., presented to Senate............................................................................................................120 Norwood, amend charter, HB 158............................................................------135, 148, 175, 202 Notaries public, age limit lowered, HB 45.....................................................................185, 188, 220, 241-242 Notaries public, appointed by judges of superior court, SB 122................................................249, 381, 630 Notify Governor, General Assembly convened, SR 2............................................................................................8 Notify House, Senate organized, SR 1....................................................................................................................8 0 Oconee county, fix salary o( sheriff, HB 258..........................................................................232, 237, 291, 314 Oconee judiciary circuit, fix salary for court reporter, HB 431........................................564, 571, 651 689 Office of depency benefits petitioned for more accurate system, SR 21.................................................' ..281 Officials place flags at rear of president's stand, SR 12..................................................................................86 Oil and gas commission, to create, HB 284............................................................477, 524, 794, 901, 921-923 Oleomargarine, manner in which it may be sold, SB 167..................................................304, 497, 674, 953 Oliver, Miss, presented to Senate .......................................................................................-.................................176 Optometry, amend code and define practice, SB 29............................................................................................62 Oysters in llhell, provide manner and method of shipping, HB 250................................635, 639, 672, 886 p Parents of adopted child may obtain birth certificate in ordinary manner, HB 12....146, 149, 239, 267 ~:~~:;:'l~!:~":ob~~~iTI_~dp!!!,n;!~--t;;g;;;;;;,t;;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~:...5.31,___i~~ Payne, Lt. Col., presented to Senate......................................................................................................................93 Peace officers, provide revenue for paying annuities, SB 21............................45-46, 175, 227-228, 275-276 ~::k~ H.~':t~tt ~-:"'~~~~wr-;:ss:-:.r.:.t~-~--~-1::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~:...~-~:...9.9_:_.m Peddlers of fresh water fish must obtain license in each county where he sells, HB 360....562, 658, 648 Pelham, extend city limits, HB 323............................................................................................355, 360, 385, 422 Perry, extend city limits, HB 304................................................................................................355, 360, 386, 422 Persons who catch and sell fish, exempt from licenses, HB 370....................................779, 807, 878, 956 Petroleum oil and gas commission, to create, HB 319................................................635, 639, 713, 845, 862 Pets in hotel rooms. made misdemeanor, SB 197..........................................................411, 496, 679, 767, 791 Pharmacist license issued when served as pharmacist's mate 18 months in armed forces, SB 229..................................................................................................................................................606 Photostatic copies of wills to be used in taking testimony of out-of-state witnesses, HB 19......................................................................................................................................123, 127, 219, 241 Pickens county, salary of commissioner, HB 245............................................................232, 237, 290, 314-315 Pickens county, $50.00 a month to sheriff, clerk and ordinary, HB 24(..................415, 449, 578-579, 619 Pierce county, fix salary of' clerk of board of commissioners, HB 76 ............................107, 108, 152, 177 Pierce county, salary to sheriff in addition to fees, HB 194..............................................417, 449, 579, 621 Pierce, Han. Marvin, presented to Senate..........................................................................................................297 Pilotage commiBSion in several port:s, to create, HB 288....................................................561, 570, 713, 888 Political mass meetings held in public buildings, SB 155....................................279-280, 382, 680-681, 952 Polk county, board members elected from their road districts, HB 403............................357-358, 386, 422 Polk county, provide clerk of board of commissioners, HB 411........................................357, 359, 384, 421 Polk county, $10.00 deposit for divorce petition, HB 167....................................................417, 448, 497, 620 Ponder, Hon. L. A., presented to Senate............................................................................................................277 Pope, Hon Ellis, presented to Senate........................... .. ...............................................................................475 Powers of attorney not revoked by death, HB 279 ..............................................741, 744-745, 848, 902, 962 Pratt, Rev. L. D., presented to Senate............................................................................-...................................176 President Roosevelt urged to consider Georgia in filling vacancies in department of government....192 Price, Judge Mell, presented to Senate ..................................................................................................................349 Price, Major, presented to Senate..........................................................................................................................103 Probation officers, commissioners may fix salary, SB 182........................350, 496, 680, 719, 864, 880-881 Provide release or relinquishment of powere of attorney, HB 298..................................635, 639, 713, 884 Public eating places prohibited in unincorporated areas without authority from county authorities, HB 517................................................................................................784, 787, 882, 961 Public parking places, authorized by several counties, to acquire, SB 136............................................252: Public parking places, authorized by several counties, to acquire, SB 130............................251, 330, 364 INDEX 997 Fublic safety act, amended to reduce the minimum age limit, SB 2....................14, 48, 66-67, 75-76, 146 Public service commission, to negotiate with army engineers, HR 117........................779, 787, 849, 927 Pulaski county, salary of sheriff, HB 508........................................................................702, 71Q, 752, 801-802 Putnam county, commi81lloner defeated in re-election, governor shaH appoint, HB 103....................................................................................................................................107, 108, 109, 219 Putnam county, fix salary of deputy clerk of county court, HB 570 ..........................660, 665, 714, 803 Q Quantity and weight of grits, flour marked on containers for sale. HB 439 ...............784, 788, 848, 973 Quesenberry, Hon. C. G., presented to Senate....................................................................................................128 Qnltman county, abolish county court, HB 647............................................................704, 707, 721, 751, 801 Quitman county, abolish county court, HB 111 ........................ .. ..108, 109, 795 R Rabbita, lawful to hunt, SB 63.. ...................................................106, 329, 368 Rainey, Hon. Clem, presented to Senate............................................................................... ................929 Railroads required to erect switch lights on main lines, SB 175. ................... .. ................322, 382, 388 Randolph county, abolish offices of tax collector and tax receiver, HB 28..........................78-79, 90, 102 Randolph county, create board of commissioners, HB 27.........................................................78-79, 90, 102 Rate of interest charged, when property is pledged, SB 153. .. ..........................255, 330, 676-677, 902 Rearrangement of senatorial districts, HB 234 ......................................................................561, 570, 648, 886 Real estate owned by state, improved with appropriated funds, SB 4........................................14, 89, 101 Real estate owned by state, improved with appropriatd funds, HB 3................................96, 175, 208-209 Reciprocation between other states and Georgia in selling farm products in Georgia, HB 96....................................................................................................................181, 189, 239, 854 Recommendations for wardens on parole, minimum sentences, SB 227............................................606, 647 Redevelopment companies law, created, SB 220........................................................................................556, 716 Redman, former Senator and Mrs., presented to Senate................................................................................103 Reeves, Oliver F., appointment confirmed as poet laureate, SR 8........................................................77, 91 Regulation and sale of planting seeds, SB 75..............................................................122, 152, 210, 238, 293, 389-392, 845, 870-871, 899, 906-907 Regulation of the business of banking, new section added, HB 140................................702, 706, 794, 855 Remission of funds to which officers receive a salary may become entitled by virtue of seizure of vehicle; HB 561 ......................................................................782, 807, 878, 912-913 Repeal code section 13-401A, which is section 13-411 of supplement, HB 143............483, 489, 579, 887 Repeal code section 13-2005, 13-2006, 13-2007 and 13-2008, HB 142..................................483, 489, 581, 887 Repeal code section 24-3508 relating to shorthand writer in court of' appeals, SB 222......................556 Repeal code section 24-4301, 24-4302 and 24-4303, SB 219......................................................................556, 716 Repeal code sections 36-504, 36-506. 36-507, "consequential damages," SB 132....................251, 330, 676 Repeal code section 40-205, authorizing the government to suspend collection of taxes, SB 83 ........136 Repeal farmers cooperative insurance companies from examination, HB 191............634, 641, 846, 955 Repeal law relating to recount of ballots in primary elections, SB 181....................................................350 Reserve fund, Governor authorized to transfer, HR 6................................................70, 71, 99, 103, 115-116 Restroom facilities inadequate, SR 52 ..................................................................................................................883 Reviver of charter, provide for, HB 33..............................................................................140, 147, 649, 818-819 Richmond county, board of education establim budget system, HB 337........................481, 487, 579, 613 Richmond county, board of commissioners to levy occupational taxes, HB 612..........786, 788, 847, 909 Richmond county, fix salary of county officers, HB 506..............................................480, 527, 578, 617-618 Richmond county, fix salary for reporter, bailiff and stenographer, HB 537........704, 706-707, 750, 802 Richmond county, increase school taxes, HB 335..................................................................357, 360, 418, 456 Richmond county, increase salary of special criminal bailiff, HB 536............................704, 706, 750, 802 Richmond county, provide pensions for board of health employees, HB 336..................484, 490, 579, 614 Richmond county, provide pension fund for permanent employee11, HB 265..................232, 237, 418, 456 Richmond delegation thanked fo1 dinner, HR 127..................................................................................780, 924 Rigid enforcement of grammar school lessened, HR 107............................................780, 807-808, 849, 926 Ringgold, extend city limits, HB 545........................................................................................659, 665, 714, 758 Roach, A. S., payment of judgment against the state board of barbers and hairdresser examiners, HR 8..................................................................................................478, 527, 723, 753, 986-937 Road houses, to regulate the operation, SB 129............................251, 382, 654-655, 680, 719-720, 899, 970 Rockdale county, provide for two advisors to commissioners, HB 560....................703, 708, 749, 799, 800 Rome, extend city limits, HB 148........................................................................................256, 257-258, 382, 364 Rosengren, Lt. Col. Roswell P., presented to Senate....................................................................................119 s Sale of beer ur wine prohibited within 100 feet of any school building, HB 525...........................................................................................:........................658, 664, 748, 898, 971-972 Saussy, Judge Gordon, presented to Senate........................................................................................................476 Savage, Hon. Jack, presented to Senate.............. ............................................................................................77' 998 INDEX Savannah, airport commission, to provide, SB 47..................................................................82, 139, 164, 261 Savannah, amend charter, relating to pensions of city employees, SB 110....213-214, 289, 309-310, 482 Savannah Bea&h, amend charter, HB 248..........................................................................257-258, 309, 333-334 Savannah, increase salary of board of aldermen, SB 49........................................................82, 139, 164, 261 Savannah, industrial and domestic water supply commission, to create, SB 48............82, 139, 154, 261 Savannah, mayor and aldermen authorized to close certain streets, SB 46..............81, 139, 153, 260-261 Savannah, mayor's pension, SB 45 ................................................................................................81, 139, 163 260 School buses, supported by state to be painted red, white and blue, SB 92 .........................................:..179 Schools for deaf, local units of administration to establish, SB 146..............................253, 288, 345, 866 Scottdale school, 7th grade, recognized in gallerY............................................................................................77 Seay, Mrs. Billie P., calendar clerk, presented gift in appreciation of services....................................969 Seay, Hon. John A., presented to Senate................................................................................................................93 "Second-hand watches," regulate Eale of, SB 7....................................................15, 48, 92-93, 169, 192-193 Secretary of state, appoint guard for capitol, SB 147..................................................- ................................254 Secretary of state, canvass votes and transmit same to General Assembly, SB 148............254, 329, 681 Secretary of state, file certified acts of General Assembly, SB 14......................................16, 113, 129, 189 Secretary of state, furnish ballots to ordinaries, SB 142........................................................................253, 679 Secretary of state~ keep book of commiEJSions for officers, civil and military, Securille~. ~~!~ii;u;;;~;;;;;(;;-~;;:sii;jiJ:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~:...~~~: ii~; i~ Seminole county, citizens to fish in Spring creek without licenses, SB 80 ....................135-136, 174, 197 Seminole county, five trustees for Spring creek consolidated school district, SB 81........................................................................................................................136, 174-176, 197-198, 263 Seminole county, five trustees for Spring creek consolidated school district, HB 214 ............................................................................................................................................183, 191, 221, 247 Seminole county, new registration books for voters, SB 79........................................135, 174, 194, 262-263 Seminole county, new registration books and regulations for voters, HB 218......278, 281, 333, 364-365 Senate attaches, limited, SR 4....................................................................................................................................8 Senate, congratulates people of Georgia on progress made in production of live slock....................192 Senate, resent charges made by the House against President Gross, SR 37........................................655 Senate rules, adopted, SR 3........................................................................................................................................8 Senatorial executive committee of the 45th district make rules for candidates, SB 209........................................................................................................................................447, 647, 677-678 Service process, summons and notices, to provide, SB 16....................................................16, 113, 200, 377 Service men's resettlement corporation, created, HB 73............................485, 490, 632, 649, 819-830, 846 Seven years limitation to instruments conveying personal property, HB 212....635, 639, 712-713, 885 Sharpe, Hon Hoke, presented to Senate..............................................................................................................318 Shipping of oysters in shell, regulated, SB 97........................................................................204, 329, 631, 954 Sheriffs, fee of fifty cents for each juror, SB 36..............................................................65, 90, 114, 116, 378 Sheriffs, paid $100.00 in addition to fees, SB 141............................................................................................263 Sisk, Hon. P. J ., presented to Senate..................................................................................................................297 Size and number of wells limited, SB 123..................................................................................................249, 260 Slaton, Hon. John M., General Asoomhly expresses sympathy to, HR 137..................................897, 924 Slaughter, Mrs. N. G., presented to Senate..........................................................................................................71 Smalley, Hon. B. C., presented to Senate..............................................................................................................!l3 Smith, Mrs. Dixon, presented to Senate................................................................................................................606 Smith, Judge Will R., presented to Senate........................................................................................................ Smyrna high school civil class recognized in the gallery................................................................................212 Smyrna school, seventh grade recognized in the gallery................................................................................141 Social Circle, amend charter by increasing tax levy, HB 160....................................136, 148, 175, 200-201 Southeastern judicial circuit created, SB 171............................................................................................305, 387 Spalding county, fix salaries of board of commissioners, HB 483....................477, 525-526, 678, 616-617 Springfield, increase salary of judge of city court, HB 568................................................660, 665, 750, 799 Standing committees, members listed................................................................................................................17-30 State administration, authorized to cooperate with council of state government, HR 69......................................................................................................................................666, 573, 753, 935 State advisory council, to provide, SR 39....................................................................................................657, 878 State board of accountants, provide for 9 members, SB 207.. ..........................447, 496, 693, 766-767, 791 State board of education, authorized to receive federal funds for adult education, SB 139......................................................................................................................................252, 331, 368, 866 State board of education, authorized to accept and disburse federal funds for improvements, SB 125..........................................................................................................260, 288, 312, 866 State board of education, authorized to accept and disburse federal funds for school houses, HB 355..................................................................................................635, 639, 747, 967-968 State board of education, to adopt rules for taking school census, SB 77......................122, 221, 295, 863 State board of education, to adopt rules for taking school census, HB 193..................634, 640, 751, 912 State board of education to operate area trade vocational and industrial schools, HB 36..........................................................................................................................................185, 188, 219, 818 State board of embalming, permitted to grant license, SB 198....................................................................411 State board of pharmacy, appoint chief drug inspector, HB 174....................................780, 807, 846, 907 State board of social security, authorized to buy lands adjacent, HB 134............................413, 460, 649 State board of registration for professional engineers and land surveyors, established, HB 116........................................................................................................................483, 488, 611, 968 State game and fish, SR 22-(first read Feb. 7th) State game and fish commission, to employ and control all employees, HB 366........662, 568, 650, 913 INDEX 999 State game and fish commission, to purchase aeroplane to patrol coastal waters, SB 96................................................................................................................................204, 329, 631, 952-953 State guard, placed under military department of state, SB 217..............................................555, 610, 677 State highway department director, right to build airports, SB 151........................................254, 288, 676 State highway board, 10 members, created, SB 185........................................................................371, 454, 792 State highway department, optional method to condemn rights-of-way, SB 145..................253, 381, 682 State highway department to condemn property for roads and borrow pits, SB 149..........................................................................................................................................254, 382, 721, 952 State highway department to designate limited access facilities, SB 138..................................................252 State highway department, reorganized, SB 126................................................................................................250 State highway director, promulgate zoning regulations for use of lands adjacent to highways, SB 137........................................................................................................................................252 State highway director, authorized to regulate speed, SB 131........................... ........................251 State leases additional land to the Presbyterian church of Milledgeville, HR 33.............................................................................................................................662, 711, 795, 862, 953 State or other wbdivisions to contract government for materials, HB 277 ...........484, 490, 648, 883-884 State officials and employees may be garnisheed, HB 147............................................478, 479, 523, 884-885 State merit council, right to remove from office, welfare director, SB 28........................62, 128, 196, 491 State personnel department, to establish, SB 234. .............................................................656, 716 State ports authority, to create, HB 460... .. .................... ................... .......658, 663, 715-716, 861 State ports and docks committee established, HR 28.............................................. ..265, 269 State properties commission to sell land located in Muscogee county, SR 20. ...................255, 751> State revenue commissioner, to sell reized contraband articles, SR 33............................................581, 867 State, self insurer of buildings and equipment, SB 24............................. .............................................46 Stay over period for audit, enrollment and engrossment committes. SR 54 --- __ ................... .....903 Stewart county, salary of disbursing clerk, HB 293............................................279, 282, 332, 366, 367, 567 Stewart county, -salary of tax commissioner, HB 294..... ..............279, 282, 333, 365- Stockbridge, extend city limits, HB 532..... ......................... .............560, 569, 650, 687 Stokes, Hon. J. R., presented to Senate........................................................................ ....................................141 Stone, Mrs. Guy, prerented to Senate..................................................................................................................12S Stone mountain judicial circuit, distribution of fees of court reporter, HB 82....................187, 220, 243 Strickland, Paul M., paid for injuries, HR 108....................................................................778, 808, 849, 921> Sullivan, Hon. Lon, presented to Senate.........................................................................................................119 Summerville, extend city limits, SB 193............. ........................................................373, 454, 498, 700 Sumter county, candidate for General Assembly shall EJI)ecify incumbent he desires to oppose, HB 346................................................................................................477, 524, 578, 613 Sunday movies, authorized to operate within certain hours, SB 98..........................204, 238, 339-343, 369 Superior courts, authorized to render declaratory judgments, SB 13................................................................................................16, 113, 129, 205, 210, 266, 321, 345-348 Superior court clerk, $1.00 for recording enlistment records, HB 166............................781, 807, 847, 967 Superior court clerks, fees increased in counties of less than 65,000 population, SB 154....279, 332, 76I Superior court clerks, state to pay $1.00 for recording enlistments, SB 60....105, 207, 226-227, 229, 296 Superior court judges, expenes paid, HR 10..........................................................145, 149, 291, 315-316, 378 Superior court judges, may have secretaries, HB 89............................. ..... .416, 418, 497, 620 Superior court judges, provide retirement of, HB 35................................185, 187, 218, 293, 294, 304, 392-394, 566, 604, 844, 868-870, 900, 903-905 Superior court judges, provide retirement of SB 41.................... ............................ .....................78 Supreme court judges may adjourn if no quorum is present, HB 79 ___________________________ 205, 206, 289, 887 Supreme court judges, power to adopt, modify and repeal rules of procedure, SB 9...............................................................................................................................15, 114, 194, 195, 377 Swaggerty, Lt. and Mrs., presented to Senate................................................................................................--108 Swainsboro, fix new schedule of' fees for clerk and sheriff of city court, HB 543........664, 794-795, 851 Swanoon, B. R., to receive balance on salary, HR 56....................................................661, 667, 753, 935-936 Swindle, Mrs., presented to Senate................................. ............................... ...............................................141 Swindle, Tommie, presented to Senate................................................................................................................141 Sylvania, create pension fund for city employees, SB 100.. ....................................204, 238, 335, 482 Sylvania, create public school system, SB 214.... ...................... ................................522, 577, 621-622, 700 Sylvania, to establish public school district, SB 215 ..................................523, 577, 622, 743. T Taliaferro county, change terms of office of board of commissioners, SB 173............321, 383, 419, 566' Tax assessors, length of term, of county board, SB 226 ................................................................606, 670, 797 Tax collectors and commissioners to have bonds executed by licensed surety company, HB 523 .........................................................................................................................781, 806, 878 Tax on edible crab meat, confirmed, HR 29 ...................................................................560, 571, 649, 941-942 Tax on motor fuel suspended, HR 94 ........................................................................................778, 808, 850, 942 Tax receivers to present tax returns to county boards of tax assessors by April, HB 170..............................................................................................................................634, 640, 751, 965-966 Tax returns, date changed for filing, HB 163........................................................633, 640, 748, 890-891, 954 Taylor and Harria counties, fix time for holding superior court, HB 305............563, 572, 648, 649, 689 Telfair county, commissioner's office not vacant, HB 127............182, 190-191, 289-290, 316-318, 320-321 Telfair county, fix fee of sheriff for feeding prisoners, HB 131.....:......................182, 190, 290, 316, 321 Telfair county, provide clerk for tax commissioners, HB 129. .....................182, 188, 290, 31& 1000 INDEX Telfair county, salary for sheriff, HB 130................................................................................416, 450, 532, 582 Telfair county, reduce official bond of sheriff, HB 128........................................................182, 190, 290, 315 Tennessee Valley Authority, payments equally distributed, SB 23....................................46, 128, 195. 196 "The Jarrett Spring Lot," title vested to, HR 46................................................................560, 571, 715, 760 ;~~:;,~~o~~t~ci~:~~::;:;eG~~n~~ P~~.;;;;;~-t;;-g-~;;~t,;::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::~.5-~~~:...1.~-3:...~g~ Thomasville, authorized to open or close streets, HB 571....................................................705, 709, 796, 852 Thomasville, provides for zoning ordinances, HB 573........................................................660, 667, 714, 759 Thomasville, raise taxes for school purposes, HB 572............................................................660, 666, 714, 756 Thomasville, term of office of board of education, HB 574......................................660, 661, 666, 747, 757 Thrasher, B. E., Jr., elected state auditor............................................................................................................31 Thrasher, B. E., Jr., confirmed as fJtate auditor..... --------- -----------60 Tifton, amend charter, to levy additional tax for school, HB 209............................184, 189, 218, 246-247 Tifton experiment station, provided funds to conduct pasture experiments, SR 26 ....................373, 418 Title of real estate by heirs of deceased owner, after two years be discharged from all claims, SB 68............. .........................................................120-121, 174, 210, 296, 302 Toombsboro, tax levy of 10 mills, HB 611.................. ......784, 788, 876, 917 Townsend, Judge J. M. C., presented to Senate........... ............................................ Townsend, Mrs. J. M. C., presented to Senate.............................................................. ...............128 Transfer of license tags upon payment of 50 cents, SB 200 .......................................................412, 531, 676 Trial judges to fix sentences in criminal cases instead of jury, SB 170............................................305, 577 Troup county, commissioners to levy occupational taxes in unincorporated towns, SB 218................556 Turk, Hon. R. F., presented to Senate................................................................................................................533 Two former members of prioon board eligible for state employment. HR 30........................................................................................................................565, 572, 611-612, 800-801 Tyler, Lt. Col. Harold, presented to Senate........................................................................ ............... 119 u Unemployment compensation act, amended, HB 266..... ...........................................658, 663, 749, !!57 Unemployment compensation act, amended to exempt certain commissioned agents, HB 204........................................................................................................................785, 804, 883-964 Uniform narcotic drug act, amended, HB 175........................................................................634, 639, 713, 885 Union City, amend charter, hours for keeping polls open, HB 533..................................636, 638, 712, 757 University system of Georgia, teachers not disqualified for retirement system, HB 588............................................................................................................................781, 782, 806, 847, 908 Unlawful for any bank or loan agency to require borrower to cancel insurance policy, HB 233................................................................................................................................702, 706, 795 Upson county, fix relary of coroner and jurors, HB 195....................................................417, 449, 532, 620 Upson county. restricting any members of board of commissioners from running for mayor, SB 195..............................................................................................................373, 374, 454, 499 v Valdosta, retirement system for city employees, HB 358.................................................354, 361, 386, 420 Van Leer, president of Georgia Tech, presented to Senate...........................................................................77 Veterans or World War I, licensed as dentist with only one semester unfinished, SB 121................231 Veterans of World War II, free tuition, HB 38.................. ........95-96, 118, 131-133, 184 Veterans of World War II, free tuition, SB 27..................................................................................................62 Veterans of World War II, attend public school, HB 383..........................................564, 572, 748, 969-969 Veterans of World War II, attend school regardleEJII of age, free tuition, SB 162 ........281, 331, 674 Veterans, education of children, SB 26....................... ............................................................. 61 Veterans memorial building commission, to create, SB 38............................................................72, 128, 197 Veterans memorial building commission, to create, HB 72 ........................................180, 189, 239, 266, 321 Veterans service, to create an integrated state department, SB 84 ............136, 152, 176-177, 297-301, 863 Veterans service office, to fix salary of director, SB 34... ......................................................... ...........65 Vicker, Hon, R. B., presented to Senate................ ................................................................318 Vital statistic law, provided, HB 94................. .............................................781, 807, 847, 965 Vredenburgh, Mrs. Dorothy, presented to Senate.......................................................... ........................176 w Wadley, extend city limits, HB 546............... .......................................................659, 665, 722, 968 Walker county, abolish city court, SB 183................................................................................................350, 454 Walker county, increase salary of commissioner, SB 17......................................16, 48-49, 63, 265, 269-270 Walker county, leVY tax for libraries, SB 35............................................................65, 175, 193, 492, 495-496 Walker county, prohibit trapping of wild animals in steel traps, SB 101..............204-205, 329-330, 367 Walker, Mrs. C. 0., presented to Senate...... ..................................................... ...................................120 Wall, Mrs. W. H., presented to Senate.................................................................. ............................ 12 Wallace, Ensign, presented to Senate.................................................................................................-..................77 Walton county, increase salary of board of commissioners, HB 20........................................67, 85, 99, 131 INDEX 1001 Warren county, fix salary for commissioner and clerk, HB 328............................356, 357, 359, 384 423 Warren county, provide pay for deputy clerk, HB 397........................................................564, 573, 648: 691 Warren superior court, change time for holding, HB 223....................................................414, 449, 532, 582 Waycross, create pension fund for employees, HB 37........................................................84, 86, 98, 130-131 Waycross judicial circuit, fix salary of court reporter, HB 55........................................180, 187, 218, 242 Waycross, raise tax limit for school purposes, HB 564................................................703, 706, 748, 761, 799 Waynesboro, amend charter, authorizing mayor and council to sell property, HB 296....................................................................................................................................355, 358, 384, 420 West, F. B., relieved on surety bond, HR 116........................................................................782 ,808, 850, 928 Wheeler, Ferry, presented to Senate......................................................................................................................127 Whitfield county, salary of the commissioner, HB 159..........................................................182, 191, 221, 248 White county, abolish offices of tax collector and receiver, HB 292........................278, 282, 332-333, 365 White county, fix salary of chairman and clerk of hoard, HB 291................................356, 359, 384, 423 Wife's property, when separated, HB 242.......................................................................................702, 706, 794 Wilcox county, require $100.00 deposit in divorce petition, HB 563........................704, 707, 750, 798-799 Willachoochee, changing time of electing mayor, SB 194....................................................373, 454, 499, 667 Willachoochee, fix date for election of mayor and aldermen, HB 510............................560, 569, 650, 687 Williams, Sid, elected messenger........................................................................................................................11-12 Wills valid, when one signer is absent, HB 281.......................................................~740, 747, 876, 961 Winnona school, seventh grade class recognized in gallery........................................................................169 Winters, Hon. A. B., presented to Senate.........................................................................................- ...............533 Winters, Cpl. Harold, presented to Senate..........................................................................................................533 Workmen's compensation act, amended, HB 126............................................................778, 806, 877, 963-964 Workmen's compensation act, amended, injured employees, HB 77 ................................785, 804, 877, 965 Workmen's compenssation, claims paid state employees, HR 23........................................181, 192, 240, 334 Workmen's compensation laws, amended relating to hearing regarding disagreement.B, HB 126......................... .....................................................................................785, 804, 877-878, 964 1002 INDEX Numerical Index SENATE JOURNAL For General Index, See Page 983 SENATE BILLS SB 1, department of audits and accounts to amend...................................~....................13, 47, 48, 66, 14I SB 2, public safety act, amended to reduce the minimum age limit............14, 48, 66, 67, 75, 76, 146- SB 3, condemnation of private property by state officials..........................................14, 48, 74, 147, 157 SB 4, real estate owned by state improved by appropriated funds ............................................14, 89, 101 SB 5, abolition of poll tax................................................................14, 48, 141-143, 156, 157, 231, 270-275 SB 6, legal holidays set ouL.... ......................... .. ....................................14, 15, 48, 74, 75, 147 SB 7, "second hand" watches, regulate sale oL ............................................15, 48, 92, 93. 169, 192, 193 SB 8, Fulton county, amends civil service board...................................................................15, 48, 91, 260 SB 9, supreme court judgea, power to adopt, modify and repeal rules ot procedure ..............................................................................................................15, 114, 194, 195, 377 SB 10, judges of supreme court, authorized to make rules for bar examinations......15, 114, 156, 626 SB 11, "The Georgia Bar," to create..... ..........................................15, 16, 113, 208 SB 12, judicial council, to create.......... ................................................16, 113, 199, 378, 626 SB 13, superior courts authorized to render declaratory judgments ............................................................16, 113, 129, 205, 210, 266, 321, 345-348- SB 14, secretary of state to file certified acts of General Assembly..............................16, 113, 129, 189 SB 15, court of appeals, provide for the granting of supersedeas........................................16, 113, 197 SB 16, service process, summons, notices to provide.. ------------------16, 113, 200, 377 SB 17, Walker county, increase oolary of commissioner................................16, 48, 49, 63, 265, 269, 270 SB 18, Georgia state guard act, amended............................................................................................................17 SB 19, Fulton county, board of education, to create a pension and retirement of teachers......................................................................................................................45, 89, 99, 100, 187 SB 20, Fulton county, board of education, repeal retirement fund for teachers............45, 89, 100, 186 SB 21, peace officers, provide revenue for paying annuities....................45, 46, 175, 227, 228, 275, 276 SB 22, condemnation of real property of evidence, admissibility and value........46, 112, 113, 195, 377 SB 23, Tennessee Valley Authority, payments equally distributed................................46, 128, 195,_196 SB 24, state, self insurer of buildings and equipment....................................................................................46 SB 25, bill of rights, valid to minors..................................................................................................61, 89, 100 SB 26, veterans, education of children................................................................................................................61 SB 27, veterans of World War II, free tuition in public schools..............................................................62 SB 28, state merit council, right to remove from office, welfare director....................62, 128, 196, 491 SB 29, optometry, amend code and define practice..........................................................................................62 SB 30, elections, not called on legal holidays..........................................................................64, 128, 198, 199 SB 31, common school attendance, to regulate........................................................................64, 65, 221, 296 SB 32, land script fund, redemption of bonds..................................................................................................65 SB 83, compulsory school attendance, visiting teachers......................................65, 287, 335-339, 864, 879 SB 34, veteran's service office to fix salary of director................................................................................65 SB 35, Walker county, levy tax for libraries........................................................65, 175, 193, 492, 495-496 SB 36, sheriffs, fee of 50 cents for each juror...............................................................56, 90, 114-115, 378 SB 37, campaign expenses filed with comptroller general or superior court clerks....................................................................................................................65, 66, 90, 103, 952 SB 38, veterans memorial building commission, to create..........................................................72, 128, 197 SB 39, employment of children, regulated..............................................................73, 118, 174, 210, 222-226 SB 40, securities, class "B", to amend act......................................................................................73, 173, 196 SB 41, superior court judges, provide retirement of--------------------------------------..----------------------------------------------78 SB 42, Nashville, to amend charter..........................................................................................73, 141, 153, 260 SB 43, Cobb county, deputy sheriffs paid $2.00 a day..................................73, 90, 100-101, 205, 209-210 SB 44, foreign corporations. own mineral rights, without incorporating________________________73, 98, 115, 612 SB 45, Savannah, mayors pension..............................................................................................81, 139, 153, 260 SB 46, Savannah, mayor and aldermen authorized to close certain streets..........81, 139, 153, 260-261 SB 47, Savannah airport commission, to provide..................................................................82, 139, 154, 261 SB 48, Savannah industrial and domestic water supply commission, to create..........82, 139, 154, 261 SB 49, Savannah, increase salary of board of aldermen ..................................................82, 139, 154, 261 SB 50, Dodge county, prohibit trapping of wild animals......................................................82, 99, 308, 386 SB 51, department of public welfare, to accept federal grant-in-aid funds ........82, 152, 196, 197, 899 SB 52, livestock health board, to create............................................................................................................82 SB 53, Glacock county, oolary of treasurer............................................................................83, 174, 193, 262 SB 54, board of health, vital statistics fees paid from funds appropriated........................83, 174, 264 SB 55, Dodge county, certified public accountant selected by judge..............................83, 128, 140, 262 ii: . SB 56, Barrow county, change time of holding superior court........................................83, 174, 193, 491 SB SB SB ~:~l~~~l~:~~;~~~~t;:i~::~::;:'id:~~-~~~ :~.v~::::~:~~::::::::::::::::::::::::::::::~~:::~~:::~~~::::i:~~::::~U INDEX 1003 SB 60, superior court clerks, state to pay $1.00 f'Dr recording enlistments................................................................................................60, 105, 207, 226, 227, 229, 296 SB 61, Lafayette, amend the charter......................................................................................106, 139, 155, 262 SB 62, Atlanta American legion, can buy home...........:..............................................................106, 155, 261 SB 63, rabbit11, lawful to hunt..........................................................................................................106, 329, 368 SB 64, cemetery lots, prohibit sale where same may be resold for profit............................106, 173, 208 SB 65, Chickamauga, increase school tax..............................................................................106, 139, 155, 265 SB 66, Northern judicial circuit, increase salary of solicitor................................106, 221, 240, 491, 492 SB 67, Atlanta, extend city limits............................................................................................120,...J39,. 155, 278 SB 68, title of real estate by heirs of deceased owner after two years, be discharged from all claims......................................................................120-121, 174, 210, 296, 302 SB 69, divorce cases, deposit of $10.00.......................................................................---121, 222, 295, 866 SB 70, no administration of estate necessary if heirs obtain order from the ordinary....121, 222, 953 SB 71, candidates in primary election, prohibited in general electiona................121, 328, 329, 368, 369 SB 72, minimum price for livestock and swine sold in this state................................121, 152, 210, 295 SB 73, fertilizer inspector, appointment of..........................................................121, 152, 208, 612, 672-673 SB 74, commissioner of agriculture authorized to collect penalties where feedstuff is deficient................................................................122, 242, 263, 296, 843, 345, 865, 905-906 SB 75, regulation and sale of planting ooeds........................................................ l22, 152, 210, 238, 293, 389-392, 845, 870-871, 899, 906-907 SB 76, Darien, abolish city court..............................................................................................122, 174, 198, 354 SB 77, state board of education, to adopt rules for taking school census....................122, 221, 295, 863 SB 78, adjutant general, fix the salary o......................................................................135, 332, 622-624, 952 SB 79, Seminole county, new registration books for the voters................................135, 174, 194, 262-263 SB 80, Seminole county, citizens to fish in Spring creek without licenses................135, 136, 174, 197 SB 81, Seminole county, five trustees for Spring creek consolidated school diBtrict..............................................................................................................136, 174, 175, 197, 198, 263 SB 82, motor vehicles speed limit, 40 miles per hour................................................................................136 SB 83, repeal code section 40-205 authorizing the governor to suspend the collection of taxes........136 SB 84, veterans service, to create an integrated state department........l36, 152, 176, 177, 297-301, 863 SB 85, electors to state political party affiliation................................................................136, 328, 621, 903 SB 86, attorney general, right to appoint assistant....................................................................144, 288, 310 SB 87, Fulton county, pension system amended.................................................................144, 221, 240, 354 SB 88, attorney general, right to appoint nix assistants............................................................................145 SB 89, Georgia citizens council, created............................................................................................................145 SB 90, amend code section 36-606............................................................................................169, 222, 241, 492 SB 91, method of figuring income tax for corporations..................................169, 239, 310, 900, 947-949 SB 92, school busses, supported by state to be painted red, white and blue........................................179 SB 93, Elbert county, salary of deputy clerk.......................................................................203, 238, 835, 566 SB 94, license levied on fishing boats shall run from Jan. 1st to Dec. 31st................203, 330, 622, 867 SB 95, gathering of oysters, regulated....................................................................................204, 829, 631, 867 SB 96, state game and fish commission to purchase aeroplane to patrol coastal waters..........................................................................................................................204, 329, 631, 952-953 SB 97, shipping of 8ysters in shell, regulated......................................................................204, 329, 631, 954 SB 98, Sunday movies, authorized to operate within certain hours........................204, 238, 339-343, 369 SB 99, Georgia air commerce act, created............................................204, 308, 362-363, 627, 628-630, 658 SB 100, Sylvania, create pension fund for city employees..................................................204, 238, 835, 482 SB 101, Walker county, prohibit trapping of wild animals in steel traps............204, 205, 329, 330, 367 SB 102, Atkinron county, provide salary of sheriff....................................................205, 238, 294, 295, 863 SB 103, Crawfordville, provide water works superintendent............................................212, 263, 291, 482 SB 104, Mcintosh county, additional salary to judge and solicitor................................212, 213, 263, 291 SB 105, Mcintosh superior court, provide for 4 terms........................................................213, 263, 291, 863. SB 106, illegitimate children, adoption records keep secret................................................213, 237-238, 296 SB 107, method provided, showing person has been restored to sanity..................................213, 237, 310 SB 108, capital stock of any bank unlawful to acquire majority............................................213, 238, 269 SB 109, Governor authorized to appoint two farmers as members of the board of directors...........................................................................................-............213, 238, 311, 864, 879-880 SB 110, Savannah, amend charter repealing pensions of city employees........213-214, 289, 309-310, 482 SB 111, equal distribution of gasoline tax ..........................................................................................................289 SB 112, director, state board of social security, governor to fix salary..................230, 288, 311-312, 955 SB 113, Darien, city council close certain streets..................................................-...............230, 288, 309, 414 SB 114, Gainesville, extend city limits.. ......................................................................230, 289, 309, 566 SB 115, motor fuel tax law amended........................................................................................230, 330, 369, 955 SB 116, Fulton county, repeal law where chief deputy of official can succeed in case of vacancy....230 SB 117, commandant general, created............................................................................-.....................................230 SB 118, new schedule of fees established for sherilfs..................................230-231, 288, 312-314, 865, 881 SB 119, county lines, method of changing................................................................................213, 288, 312, 492 SB 120, Gray, amend charter......................................................................................................231, 289, 309, 482 SB 121, veterans of World War I, licensed as dentist with only one semester unfinished................231 SB 122, notaries public appointed by judges of superior court................................................249, 381, 630 SB 123, size and number of welle limited..................................................................................................249, 250 SB 124, department of state library, reorganized................................................................250, 330, 630, 631 SB 125, state board of education authorized to accept and disburse federal funds for improvement..............................................................................................................250, 288, 312, 866 SB 126, state highway department, reorganized..............................................................................................250 SB 127, amend code section 34-1904 to Include members of the Senate and House............250, 329, 651 "'- ~ 1004 INDEX SB 128, Georgia development authority, created................................................................................................250' SB 129, road houses, to regulate the operation ...........................251, 382, 654-655, 680, 719-720, 899, 970 SB 130, public parking places, authorized by several counties, to acquire............................251, 330, 364 SB 131, state highway director, authorized to regulate speed....................................................................251 SB 132, repeal code sections 36-504, 36-506, 36-507, "conoequential damages" ......................251, 330, 676 SB 133, annual license fee required by persons advertising along the highway....................................251 SB 134, governing authorities to enact zoning and planning ordinances................................................251 SB 135, county boards of education, provide transportation for pupils............................252, 287, 684-686 SB 136, public parking places, authorized by several counties, to acquire..............................................252 SB 137, state highway director to promulgate zoning regulations for use of lands adjacent to highways................................................................................................................................2.52 SB 138, atate highway department to designate limited access facilities ..................................................252 SB 139, state board of education authorized to receive federal funds for adult education.................... ............................................ ..........................252, 331, 368, 866 SB 140, municipalities to enforce airport zoning regulations ........................252, 610, 681 SB 141, sheriffs, paid $100.00 in addition to fees .......................................................................................253 SB 142, secretary of state to furnish ballots to ordinaries.. .................................. ..........253, 679 SB 143, boards of adjustment, to provide.. ..........................................................................253 SB 144, Georgia coordinates system, adopted............... ..................................253, 330, 369, 865, 881-882 SB 145, state highway department, optional method to condemn right-of-way....................253, 381, 682 SB 146, EJChools for the deaf, local units of administration to establish..... ......253, 288, 345, 866 SB 147, secretary of state to appoint guard for the capitoL......................................................................254 SB 148, secretary of state to canvass votes and transmit" same td General Assembly ........254, 329, 681 SB 149, state highway department to condemn property for roads and barrow pits....254, 382, 721, 952 SB 150, motor vehicle, safety responsibility act, created. . .254, 610, 721, 722, 901-902, 949-951, 970 SB 151, state highway department director, right to build airports... ............254, 288, 676 SB 152, motor licen9e fees limited for construction of highway.. .. ..............254, 255 SB 153, rates of interest charged, when property is pledged ..................................255, 330, 676-677, 902 SB 154, superior court clerks, fees increased in counties of less than 65,000. .. .... 279, 332, 761 SB 155, political mass meetings held in public buildings.. .....279, 280, 382, 680-681, 952 SB 156, misdemeanor to empty trash on public roadB... ........................... .. .................280, 382, 677, 951 SB 157, Dodge county, appointment of probation officer.......................................................... .. ..... 280 SB 158, Lewis, J. C., paid for turnkey fees ............................................................................280, 362, 386, 566 SB 159, insurance companies to bring suit in the county of the insured........................280, 382, 693, 761 SB 160, motor fuel tax fund, distributed by representation in General Assembly......280, 331, 387, 388 SB 161, Georgia aeronautics commission, created.................... .. ..................280-281, 362, 762-763 SB 162, veterans of World War II, right to attend school regardless of age, free tuition ....281, 331, 674 SB 163, Eaatman, amend charter.....................................................................................281, 331, 368, 527-528 SB 164, Hoganville, commission form of government............... ..........................304, 331, 367, 528 SB 165, Atlanta, amend pension system ....................................304, 331, 386, 387, 866, 871-876 SB 166, East Point, mayor's salary................................................ .............................304, 331, 367, 528- SB 167, oleomargarine, manner in which it may be sold... ............. .. ...........304, 497, 674, 953 SB 168, Fulton county, civil service board amended......................................................................305, 454, 498 SB 169, Fulton county, pension fund for county police department........................ft05, 497, 678-679, 863 SB 170, trial judges to fix sentences in criminal cases instead of jury..........................................305, 577 SB 171, southeastern judicial circuit created.......... ..................................................................305, 387 SB 172, county echool superintendents classified..............................................................................................305 SB 173, Taliaferro county, change terms of office of the board of commissioners....321, 383, 419, 566 SB 174, Alma, create a park and tree commission..............................................................322, 383, 419, 528 SB 175, railroads required to erect switch lights on main lines................................................322, 382, 388 SB 176, inoculation of dogs once a year............................................................................................322, 383, 681 SB 177, department of public safety authorized to destroy slot machines..............................322, 454, 674 SB 178, eggs, regulate the marketing of.................................................................................322, 383, 675, 718. SB 179, hospital authority, to provide pension syatem for employees............................350, 382, 675, 952 SB 180, deputy recorder, office created............................................................................350, 383, 420, 661, 673 SB 181, repeal law relating to recount of ballots in primary elections....................................................350 SB 182, probation officers, commissioners may fix salary..........................350, 496, 680, 719, 864, 880-881 SR 183, Walker county, abolish city court................................................................................................350, 454 SR 184, Calhoun, tax levy for school purposes..............................................................350, 351, 384, 419, 528 SB 185 state highway board of ten members created....................................................................371, 454, 792 SB 186 Atlanta, how employees may come under civil service........................372, 453, 498, 742, 792-793 SB 187, motor fuel tax law amended, exempting gasoline uaed on farms ..............................................372 SB 188, amend code section 54-657..............................................................................................................372, 531 SB 189, Elbert county, salary of commissioner......................................................................372, 417, 455, 456 SB 190, Elbert county, salary of clerk of commissioner..............................................................372, 417, 456 SB 191, deepartment of public safety, approve ail officers on the highways.......................................373 SB 192, past poii taxes abolished ......................................................................................................373, 531, 679 SB 193, Summerville, extend city limits....................................................................................373, 454, 498, 700 SB 194, Willachoochee, changing time of electing mayor................................................373, 454, 499, 667 SB 195, Upson county, restricting any board member of commissioner f'rom running SB 196, :~~rtm~~~~rl~~~;--;;~t,;:i;ji~h---~~:;;d~~d-~f"-;;ifi~i;;;;~;;:::::::::::::::::::::::::::::::::::::::::::::::::::~.:-~:..~:-~.:..~~~:..1i~ SB 197, pets in hotel room, made misdemeanor............................................................411, 496, 679, 767, 791 SB 198, state board of embalming permitted to grant Iicenses....................................................................411 SB 199, LaGrange, clerk of city court paid same as clerk of superior court.. ......411, 496, 533, 646, 647 INDEX 1005 SB 200, transfer of license tags upon payment of 50 cents--------------------------.412, 531, 676 SB 201, Atlanta fire department, amend pension act..................................................412 496, 678, 865 880 SB 202, Atlanta police department, amend pension act...................................................'.-412, 496, 863; 864 SB 203, director of entomology to make rules to persons engaging in entomological work......446, 610 SB 204, Dodge county, commissioner to publish liEJt of qualified voters----------------------.446 SB 205, Lincoln county, salary of sheriff.....---------------447, 496, 533, 646, 682-684 SB 206, Colquitt county, $12.00 deposit for divorce..............................................................447, 496, 678, 864 SB 207, state board of accountants, provide for nine members........................447, 496, 693, 765-767, 791 SB. 208, justices of the peace, new schedule of fees ........................................................................................447 SB 209, senatorial executive committee of the 45th district to make rules for candidates........................................................----------447, 647, 677-678 SB 210, cemetery lots, prohibit sale where same may be resold at a profit....................................475, 647 SB 211, Fitzgerald, create a joint airport commission..................................................476, 610, 651-652, 743 SB 212, department of labor, amend act...-----------------------------------.476, 577 SB 213, director of corrections, pay cost of inquest where prisoner is killed....476, 647, 796, 797, 951 SB 214, Sylvania, create public school system................................................................522, 577, 621-622, 700 SB 215, Sylvania, establish public school district....-----------------523, 577, 622, 743 SB 216, Fulton county, establish park and recreation commission..................................523, 577, 622, 743 SB 217, state guard placed under military department of state________________________________ _-_______________555, 610, 677 SB 218, Troup county, commissioners levy occupational taxes in unincorporated towns....................556 SB 219, repeal code section 24-4301, 24-4302, 24-4303 ............................................................................556, 716 SB 220, redeveelopment companies law created......---------------------------556, 716 SB 221, development plan adopted by counties ....-----------------------------------------------556 SB 222, repeal code section 24-3508 relo.ting to shorthand writers in court of appeals........................556 SB 223, conoorvator appointed by ordinary where no power of attorney was executed....................-557 SB 224, business license to veterans free, 10% or more disability....................................................657, 610 SB 225, express trusts and trustees, creation of......--------------------605, 716 SB 226, tax asseEI!ors, length of term of county board..................................................................606, 670, 797 SB 227, recommendations for wardens on parole, minimum sentences............................................606, 647 SB 228, Fulton county, judge of superior court salaries supplemented..........................606, 647, 677, 953 SB 229, pharmacist license issued when served as pharmacist's mate 18 months in armed forces....606 SB 230, department of public safety, act amended----------------------------606, 647 SB 231, limit to seven years the effeet of filing for records, etc., provide clerk's fee........................607 SB 232, confederate veterans' widows, admission and mainteenance at soldiers home..---------632, 716 SB 233, insurance department of the State of Georgia, created........................................................633, 716 SB 234, state personnel department, to establish......-------------------656, 716 SB 235, Butts county, two members of board of commissioners constitute a quorum................732, 733 SB 236, director, state highway department, prequaliflcation of contractors............................................733 SB 237, clearing at par of checks drawn on any bank............----------------894 SB 238, Dooly county, salary of sheriff in addition to fees............................ -----------894 SENATE RESOLUTIONS SR 1, notify House, Senate organized....--------------------8 SR 2, notify Governor, General Assembly convened..........................................................................................8 SR 3, Senate rules, adopted........................................................................................................................................8 SR 4, Senate attaches, limited ------8 SR 5, memorializing Congress on post-war military eEJtablishment............................................17, 62, 186 SR 6, proposed new constitution for statc..........................................................................................................46 SR 7, B. E. Thrasher, Jr., confirmed as state auditor.----------------60 SR 8, Oliver Reeves appointment confirmed as poet laureate................................................................77, 91 SR 9, Wightman F. Melton, condolence upon the passing of................................................................77, 91 SR 10, old-age assistance for farmers 65 years of- age ............................................................................74, 755 SR 11, Chatham county, dinner invitation to state officials....................................................................77, 80 SR 12, officials place flags at rear of president's stand....................................................................................86 SR 13, Gholston, Ron. J. Knox, invited to address General Assembly............................106, 107, 128, 140 SR 14, civil aeronautics board, petitioned for service from Atlanta to Brunswick................................116 SR 15, Arnall, Governor, commended for message to joint session............--------------136-137 SR 16, Hoke Smith memorial plaque, unveiling of----------------------------192 SR 17, joint committee to inveEJtigate conditions at Alto....................................................207, 378, 626-627 SR 18, East Point, home for American Legion................................................................................670, 767-769 SR 19, agricultural adjustment agency urged to aid farmers........................................................................232 SR 20, state properties commission to sell land located in Muscogee county................................255, 755 SR 21, office of dependency benefits petitioned for more accurate system................................................281 SR 22, state game and fish (read 1st time Feb. 7th) SR 23, Atlanta to construct viaducts over W. & A. railroad........................321, 383, 624, 625, 865, 882 SR 24, Governor, department heads, urged to bring about return of all Camp Stewart property --------------322, 383 SR 25, Fulton county commissioners may levy one ad-valorem tax..................................350, 670, 769-771 SR 26, Tifton experiment station provided funds to conduct pasture experiments........................373, 418 SR 27, right of all elective state officials to succeed themselves........................................................411, 754 SR 28, Jewish fellow citizens commended (read 1st time Feb. 14th) SR 29, Governor Arnall, members of committees, in preparing new constitution, thanked........394, 566 SR 30, Governor authorized to appoint commiEJBion to study pension fund system...............................523 1006 INDEX SR 31, budget commission, authorized to reimburse department of Jaw for expenses in freight rate case....------------------------................................................................................523 SR 32, debate limited to ten minutes...---------------.495 SR 33, state revenue commission to sell seized contraband articles..................................................581, 867 SR 34, copy of revised constitution furnished each newspaper in Georgia................................................763 SR. 35, Colquitt county, state to reconvey certain property deeded for a farmers market........633, 755 SR 36, Georgia northern railway company, atate to reconvey certain property for farmers market -------------------------------------633, 754 SR. 37, Senate, resent charges made by the House against the president................................................655 ~: i~: ~~"::t~d~~:o~n:::~~i~b~i;r;~:d:.~i~~--~~:::::.._::..-:::__::.._:.-::::.-:..::..:_-_____-::::::::.-_-:::::::::::_-_-_-_-:_:_-_-::::..:__-_-_-_-_m: ~~g SR 40, Governor directed to contract rates for publication of proposed new constitution............657, 717 SR 41, DeKalb county, authorized to levy tax for school purpoaes..........................657, 716, 763-765, 955 SR 42, General Assembly, right to promote industries over the state..-------------------694, 753 SR 43, General Assembly, provide low housing for people of low income................................695, 763-754 SR 44, development board expenses paid by county................................................................................695; 754 SR 45, municipalities, right of eminent domain, slum clearance........................................................695, 754 SR 46, Governor Arnall requested to reduce age limit for chauffeur's Iicenses............................695, 756 SR 47, General Asaembly, granted powers of taxation for paying annuitis to peace officers....733, 796 SR 48, joint committee to continue its force and effect at Alto................................................831, 832, 954 SR 49, allowance and per diem of secretary and clerk........................................................831, 900, 970-971 SR 50, Governor requested to suspend operation of naval stores inspection fees ....................................831 SR 61, attaches, stay-over -----------------------832 SR 62, restroom facilities inadequate...-----------833 SR 63, investigate sum at the C. & S. hank....-...............................................................................................903 SR 64, stay-over period for audit, enrollment and engrosronent committees............................................903 SR 65, study bills in connection with distribution of highway funds........................................................903 SR 56, adjournment of the General Assembly..................................................................................893, 961, 973 SR 67, correct errors in HR 11............-------------774 HOUSE BILLS HB 1, general appropriation act, amended, teacher retirement system................69, 70, 71, 74, 91, 92 HB 3, real estate owned by state improved with appropriated funds..........................96, 175, 208, 209 HB 7, Camilla, new charter, to create..............................................................................................84, 114, 132 HB 8, court of appeals, fix salary of deputy clerk............................................................146, 149, 289, 817 HB 11, land registration law, to amend code section........................................................123, 126, 219, 241 HB 12, parents of adopted child may obtain birth certificate in ordinary manner....146, 149, 239, 267 HB 13, Bainbridge, fix salaries of solicitor and judge, city court....................................84, 86, 114, 133 HB 14, Candler county, $100.00 a month to sheriff................................................................67, 85, 114, 132 HB 15, Candler county, tax commissioner act amended................................................67, 85, 114, 131, 133 HB 16, Alapaha judicial circuit. fix salary reporter............................................................123, 126, 240, 293 HB 17, Chatham county, salary of commissioner......................................................................67, 85, 99, 131 HB 18, Erickson, T. W., paid for damages....................................................................561, 570, 751, 920-921 HB 19, photostatic copies of wills to be used in taking testimony of out-of-state witnesses............................................................................................................................123, 127, 219, 241 HB 20, Walton county, increase salary of board of commissioners....................................67, 85, 99, 131 HB 22, court of appeals, increase memberahip to 7 judges......................................413, 450, 497, 817-818 HB 25, Irwin superior court, provide for 3 terms................................................................l23, 127, 162, 177 HB 26, Jeff Davis county, salary of sheriff................................................................................78, 79, 90, 101 HB 27, Randolph county, create board of commissioners..............................................................78, 90, 102 HB 28, Randolph county, abolish offices of tax collector and tax receiver......................78, 79, 90, 102 HB 29, Cuthbert, amend charter.........------84, 85, 98, 130 HB 31, Peach county, fix salary of treasurer............................................................................84, 86, 99, 130 HB 33, reviver of charters, provided for........................................................................140, 147, 649, 818-819 HB 34, kerosene, when used as motor fuel not to exceed 6 centa per gallon......413, 448, 533, 686, 744 HB 35, suprior court judges, provide retirement of..................................185, 187, 218, 293, 294, 304, 392-394, 666, 604, 844, 868-870, 900, 903-905 HB 36, state board of education, operate area trade, vocational and industrial rehools........................-----------------185, 188, 219, 818 HB 37, Waycross, create pension fund for employeea....................................................84, 86, 98, 130, 131 HB 38, veterans of World War II, free tuition......----------------95, 96, 118, 131-133, 184 HB 39, education fund for orphans of members of armed forces ....................................................................186, 188, 240, 267, 268, 484, 486, 496, 567, 627, 628 HB 40, bill of rights, valid to minors........................................................................................95-97, 289, 854 HB 42, Mcintosh county, to divide in 5 districts..-------------------78, 79, 90, 101 HB 43, Mcintosh county, board of commissioners, to repeal Jaws establishlng............78, 79, 91, 101 HB 44, Mcintosh county, repeal authority to commismoner creating zoning outside of citY----------------------------- --------------- ----------78, 79, 91, 102 HB 45, notaries public, age limit lowered.... ------------------- .........................185, 188, 220, 241-242 HB 47, Brooks county, voters, not eligible to vote for county school superintendents....------------------------ --------- .......140, 147, 289, 818 HB 49. Chattahoochee county, salary to board members ----------- ........ ------------84, 86, 99, 131 HB 50, Marion county, salary of tax comrnissioner........................................................................84, 86, 130 HB 51, foreign corporations, terms and conditions ------------------.416, 451, 611, 816-817, 846 INDEX 1007 HB 53, DeKalb county bond commiseion, to create............................................................78, 79, 80, 91, 102 HB 54, Blue Ridge circuit, fix salary of the solicitor generaL......................................185, 187, 220, 242 HB 55, Waycross judicial circuit, fix salary of court reporter......................................180, 187, 218, 242 HB 58, Comer, regulate streets for business purposes........................................................145, 148, 239, 292 HB 59, Carroll county, chairman of commissioners instead of executive director---------------------------------------------------------------------------------------------------------95, 97, 114, 129, 130 HB 63, carrier of pasrengers baggage lien foreclosure .....-------------------------------------------------180, 190, 289, 818 HB 65, Henry superior court, to provide for 4 terms................................................180, 189, 221, 242, 243 HB 66, Henry county, abolish city court.....-------------------------------------------------------------------------------96, 97, 221, 243 HB 67, insurance commissioner to receive all premium taxes................485, 490-491, 649, 815-816, 845 HB 70, county rabies inspector, created......--------------------------------------------------------------------------657, 663, 809, 889 HB 72, veterans memorial building commission, to create........................................180, 189, 239, 266, 321 HB 73, servicemen's resettlement corporation, created............................485, 490, 532, 649, 819-830, 846 HB 74, Coweta judicial circuit, fix salary for court reporter..........................................180, 187, 220, 243 HB 75, Metter, salary c.f mayor and councilmen........................................................134, 147-148, 175, 202 HB 76, Pierce county, fix salary of clerk of board of commissioners............................l07, 108, 152, 177 HB 77, workmen's compensation act, amended, injured employee................................785, 804, 877, 965 HB 78, Cairo, provide a city manager--------------------------------------------------------------------------------135, 148, 175, 202 HB 79, supreme court judges may adjourn if no quorum is present.............................205-206. 289, 887 HB 80, land scrip fund, redemption of bonds by the state........................................180, 189, 240, 854-855 HB 81, Floyd county, establish water and sewerage systems..................................416, 448, 532, 913-915 HB 82, Stone Mountain judicial circuit, distribution of fees of court reporter........180, 187, 220, 243 HB 83, fire insurance policies may cover explosions from causes other than explosives............................................................................................................................783, 784, 788, 966 HB 88, Chattahoochee county, increase salary of' solicitor generaL....................416, 448, 497, 620, 621 HB 89, superior court judges may have secretaries............................................................416, 448, 497, 620 HB 90, Columbus, increase salary judge of municipal court....................................107, 108, 220, 243, 244 HB 92, Jackson county, salaries of commissioners..............................................................107, 108, 221, 244 HB 94, vital statistic law provided..........................................................................................781, 807, 847, 965 HB 95, Georgia public service commission, to provide rules for procedure................779, 806, 878, 966 HB 96, reciprocation between other states and Georgia in selling farm products in Georgia..........................................................................................................................181, 189, 239, 854 HB 97, Gray, abolish city court..................................................................................................107-108, 218, 244 HB 98, Jasper county, fix date for meeting of commissioners........................................107, 109, 152, 177 HB 99, Morgan county, fix salary of clerk of commissioners......................:...................107, 109, 153, 177 HB 101, commissioners of labor authorized to promulgate rules for vrevention of accidents........................................................................................................................657, 663, 748, 908 HB 102, Metter, fix salary of judge and solicitor of city court........................................124, 127, 153, 178 HB 103, Putnam county, commissioner defeated in re-election, Governor shall appoint....-------------------------------------------------------------------------------------------------------------------------107, 108, 109, 219 HB 106, court of appeals, judges administer oath to members of General Assembly..181, 188, 239, 269 HB 109, Decatur, fixing date of election..................................................................................135, 148, 175, 201 HB 111, Quitman county, abolish county court..............................................................................108, 109, 795 HB 112, Echols county, repeal law dividing county into 3 districts........................108, 109, 176, 201, 202 HB 113, Echols county, election of board members................................................................108-109, 176, 201 HB 115, state board of registration for professional engineers and land surveyors, established..........................................................................................................................483, 488, 611, 968 HB 116, Calhoun, extend territorial limits................................................................................................183, 191 HB 117, county officers sued only in county of residence................---------------------------------------------------.416, 448 HB 118, Madison county, salary of clerk of the commissioner........................................135, 148, 176, 201 HB 121, members of armed forces exempt from penalties on failure to return tax..------------------------------------------------------------------------------ ------------------------.483, 488, 489, 533, 855 HB 125, workmen's compensation act, amended........------------------------------------------------------778, 806, 877, 963-964 HB 126, workmen's compensation laws, amended relating to hearing regarding disagreements-----------------------------------------------------------------------------------------------------------785, 804, 877-878, 964 HB 127, Telfair county commisaioners, office not vacant........182, 190, 191, 289, 290, 316, 318, 320, 321 HB 128, Telfair county, reduce official bond of sheriff........................................................182, 190, 290, 315 HB 129, Telfair county, provide for clerk for tax commissioner....................................182, 188, 290, 315 HB 130, Telfair county, salary of sheriff------------------------------------------------------------------------------.416, 450, 532, 582 HB 131, Telfair county, fix fee ot sheriff for feeding prisoners................................182, 190, 290, 316, 321 HB 133, Governor authorized to purchase land for livestock experiment station........480, 523, 714, 967 HB 134, state board of social security authorized to buy lands adjacent................................413, 450, 649 HB 135, Cobb county, tax receiver to list tax payers in alphabetical order..................416, 450, 532, 582 HB 136, DeKalb county, sala;y to coroner--------------------------------------------------------------------------.416, 450, 497, 620 HB 137, DeKalb county, water works advisory board, to create..................:.....................182, 191, 219, 244 HB 139, new scale of fees for constables established in militia districts........................................483, 489 HB 140, regulation of the business of banking, new section added..................................702, 706, 794, 855 HB 141, loans on real estate by banks, law amended..........................................................483, 489, 579, 887 HB 142, repeal code sections 13-2005, 13-2006, 13-2007 and 13-2008................................483, 489, 581, 887 HB 143, repeal code section 13-401A, which is section 13-411 of supplement..............483, 489, 579, 887 HB 144, bank examiners, revise scale of fees..........---------------------------------------------------------------.485, 490, 581, 888 HB 145, amend code section 14-209 placing responsibility on drawer..............................483, 489, 579, 888 HB 147, state officials and employees may be garnisheed..........................................478, 479, 523, 884-885 HB 148, Rome, extend city limits..........--------------------------------------------------------------------256, 257, 258, 332, 364 HB 149, Clarke county, fix salary of members of board......................................................182, 188, 219, 244 HB 150, amend code section 56-208, board of directors of insurance companies........484, 489, 579, 885 1008 INDEX HB 151, insurance companie, board of directors to fix numbers..............................785, 804, 846-847, 961 HB 152, Gibson, four members to city counciL............................................................183, 191, 192, 239, 292 HB 153, Cuthbert, zoning ordinances........................................................................................145, 149, 218, 245 HB 154, Barnesville, city-wide vote f-or members of city counciL..................................183, 191, 218, 245 HB 157, Dalton civil service commission........................................................................145, 149, 220, 248, 278 HB 158, Norwood, amend charter..............................................................................................135, 148, 175, 202 HB 159, Whitfield county, salary of the commissioner........................................................182, 191, 221, 248 HB 160, Social Circle, amend the charter by increasing tax levy..........................135, 148, 175, 200, 201 HB 161, homeatead exemption law, amended..................................................................484, 490, 751, 890, 954 HB 162, date changed for filing exemptions on household furniture..............485, 490, 751-752, 889, 954 HB 163, tax returns, date changed for flling ........................................................633, 640, 748, 890-891, 954 HB 164, county boards of tax assessors required to complete revision earlier............634, 640, 749, 956 HB 165, Barrow superior court, 4 terms............................................................................416, 448, 532, 581-582 HB 166, superior court clerks, $1.00 for recording enlistment records............................781, 807, 847, 967 HB 167, Polk county, $10.00 deposit for divorce petition..................................................417, 448, 497, 620 HB 168, Cedeartown, zoning ordinances..........................................................................145, 148, 149, 218, 245 HB 169, enrichment of flour, bread, etc............................................................................479, 523, 580, 679, 888 HB 170, tax receivers to present tax returns to county boards of tax assessors by ApriL..............................-...................................................................................634, 640, 751, 965, 966 HB 171, banking laws amended, limiting loans to 30%................................................................634, 640, 748 HB 174, state board of pharmacy, appoint chief drug inspector......................................780, 807, 846, 907 HB 175, uniform narcotic drug act amended............................................................................634, 639, 713, 885 HB 179, Gainesville, to increase taxes for school purposes................................................182, 191, 219, 245 HB 187, Brunswick judicial circuit, pay additional salary to the judge................563, 571, 752, 855-859 HB 188, BrunEJWick judicial circuit, fix salary of solicitor generaL........................................218, 263, 292 HB 189, Appling county, create board of commissio11ers of roads and revenue....183, 190, 219, 245, 246 HB 191, repeal farmer cooperative insurance companies (Tom examination..................634, 641, 846, 955 HB 193, state board of education to adopt rules for taking school census....................634, 640, 751, 912 HB 194, Pierce county, salary of sheriff in addition to fees ............................................417, 449, 579, 621 HB 195, Upson county, fix salary of coroner and jurors......................................................417, 449, 532, 620 HB 196, Moultrie, amend charter to include land adjacent to air bases........................256, 258, 308, 333 HB 198, Brown, Cpl. R. D. and wife, paid for injuries received................................658, 664, 748, 859-860 HB 200, Glascock county, abolish board of commissioners..................................................183, 190, 220, 246 HB 201, Glascock county, create a board of commissioners................................................183, 190, 220, 246 HB 202, Baldwin superior court, four terms................................-...................................417, 450, 532, 619-620 HB 203, Cherokee county, fix salary of clerk of commissioners..............................183, 184, 189, 221, 246 HB 204, unemployment compensation law amended, to exempt certain commissioned agents..............................................................................-...................................................785, 804, 883, 964 HB 205, Lanier superior court, provide 4 terms....................................................................417, 450, 497, 619 HB 207, confederate soldiers, graves marked..........................................................................634, 640, 749, 967 HB 209, Tifton, amend charter, to levy additional tax for schooL......................184, 189, 218, 246, 247 HB 212, seven years limitation to instruments conveying personal property only..............................................................................................................................635, 639, 712-713, 885 HB 214, Seminole county, 5 districts trustees for Spring creek consolidated schooL..183, 191, 221, 247 HB 217, Houston county, change time for holding court....................................................417, 449, 532, 581 HB 218, Seminole county, new registration books and regulations f'Or voters....278, 281, 333, 364, 365 HB 221, Brunswick, adding other employees to pension system................................184, 188, 189, 219, 247 HB 223, Warren superior court, change time for holding..................................................414, 449, 532, 582 HB 224, milk control board, act amended extending time to Jan. 1946..........................658, 663, 714, 884 HB 226, cross-eexamination, privilege of either party in civil suit........................740, 746, 809, 956, 956 HB 233, unlawful for any bank or loan agency to require borrower to cancel insurance po!icy............................................................................................................................................702, 706, 795 HB 234, rearrangement of senatorial districts........................................................................661, 570, 648, 886 HB 237, Lowndes county, create board of commissioners....................................................184, 188, 220, 247 HB 238, Lowndes county, abolieh board of commissioners........................................184, 190, 220, 247, 248 HB 239, lllitchell county, increase bond of sheriff................................................................232, 236, 29ll, 315 HB 240, Camilla, amend act creating city court............................................................232, 236, 237, 290, 314 HB 241, income taxes abolished for military forces upon death..............................413, 247, 533, 885, 886 HB 242, wife's property, when separated..........................................................................................702, 706, 794 HB 243, Lowndes county, amend act incorporating the town of Lake Park......256, 257, 258, 332, 366 HB 244, Pickens county, $50.00 a month to sheriff, clerk and ordinary................415, 449, 578-579, 619 HB 245, Pickens county, salary of commissioner........................................................232, 237, 290, 314, 315 HB 246, Madison county, holding of 4 terms of superior court........................................415, 449, 497, 619 HB 248, Savannah Beach, amend charter........................................................................257, 258, 309, 333-334 HB 250, oygtcrs in shell, provide manner and method of shipping................................635, 639, 672, 886 HB 252, electors permitted to vote in districts other than he resides....................561, 570, 751, 886, 887 HB 253, Clayton county, City of lllorrow change to............................................................257, 258, 308, 334 HB 257, justices of the peace, new schedule of fees......................................................................476, 524, 611 HB 258, Oconee county, fix salary of sheriff..........................................................................232, 237, 291, 314 HB 259, Augusta, mayor's salary................................................................................................257, 259, 418, 457 HB 260, Augusta, fix minimum salaries of the police dept.................................................257, 259, 418, 458 HB 261, Augusta, pension fund for permanent employees................................365, 359, 418, 458-468, 484 HB 263, Augusta, mayor to succeed himself..........................................................257, 258, 259, 418, 457-458 HB 265, Richmond county, provide pension fund for permanent employees................232, 237, 418. 456 HB 266, unemployment compensation act, amended..............................................................658, 663, 749, 957 HB 268, Danielsville, abolish city court....................................................................................257, 259, 332, 364 INDEX 1009 HB 269, Meriwether county, salary of clerk of superior court...................................563, 570, 649, 692-693 HB 271, Brooks county, sheriff to receive salary in addition to fees ..............563, 574, 648, 686-687, 744 HB 273, Brunswick judicial circuit, additional salary to judge..............................415, 449, 498, 618, 619 HB 274, Griffin, amend charter................. ..............................................................257, 258, 308, 334 HB 276, Atkinson county, sheriff to receive salary in addition to fees ....................563, 574, 648, 689-690 HB 277, state or other subdivisions to contract government for materials............484, 490, 648, 883-884 HB 278 letter. from ;;ecretary of war or the navy, death of any person is held as ev1dence m any court....................... ........................................................479, 524, 672, 963 HB 279, powers of attorney not revoked by death ................................................741, 744-745, 848, 902, 962 HB 280, admission of oath, deeds, etc., shall be legal and binding......... ................740, 746, 876, 966 HB 282, distribution of revenue derived from gasoline tax......................................................................................476, 524, 580, 810-815, 878-879, 898, 956-957 HB 281, wills valid, where one signer is absent..................................................................740, 747, 876, 961 HB 284, oil and gas commission, to create...........................................................477, 524, 794, 901, 921-923 HB 285, Irwin county, fix salary of commissioner .............................................................278, 281, 333, 364 HB 286, Cobb county, fix salary of coroner............................................................................563, 572, 672, 718 HB 287, Gainesville, fix salary for members of city commission...................... ...355, 358, 455 HB 288, pilotage commission in several portE, to create............... .................561, 570, 713, 888 HB 289, municipalities authorized to establish postwar public works reserve funds....................................................................................................740, 747, 877, 901, 918-919 HB 290, Atlantic states marine fisheries commission act, amended........................740, 745, 796, 846, 964 HB 291, White county, fix salary of chairman and clerk of board................................356, 359, 384, 423 HB 292, White county, abolish officea of tax collector and receiver........................278, 282, 332, 333, 365 HB 293, Stewart county, salary of disbursing clerk............................................279, 282, 332, 366, 367, 567 HB 294, Stewart county, salary of tax commissioner..........................................................279, 282, 333, 365 HB 295, Heard county, create office of commissioner............................................................................376, 380 HB 296, Waynesboro, amend charter authorizing mayor and council to sell property..............................................................................................................................355, 358, 384, 420 HB 297, amend code section 92-2510..................................................................................................740, 745, 884 HB 298, provide for release or relinquishment of powers of' attorney............................635, 639, 713, 884 HB 301, Griffin, Spalding county hospital authority authorized to spend or invest monies..................................................................................................................................355, 360, 384, 421 HB 302, Newton county, fix salary of treasurer....................................................................279, 282, 385, 423 HB 304, Perry, extend city limits................................................................................................355, 360, 386, 422 HB 305, 'I'aylor and Harris counties, fix time for holding superior court..............563, 572, 648-649, $89 HB 307, insurance companies investments 66 2/3 instead of 50........................................785, 804, 848, 965 HB 309, Augusta, increase pension fund..................................................................................355, 360, 418, 457 HB 310, Emanuel county, board of commissioners fix salary of clerk....................279, 282, 332, 365, 366 HB 311, Emanuel county, board of commissioners to elect own clerk.......... ............279, 282, 332, 36_5 HB 312, Gwinnett county, salary for sheriff in addition to fees...................................561, 567, 715, 756 HB 313, Jones county, salary to sheriff............ ... .................... ...........565, 571, 611, 652 HB 314, Dawson county, salary for sheriff............................................................................561, 568, 648, 690 HB 316, Chattooga county, second primary held where candidates do not receive majority of votes...............................................................:....................................561, 568, 648, 690-691 HB 317, Homerville, to prdvide term of mayor....................................... .................355, 360, 385, 421 HB 318, Lanier county, create 3-member board of commissioners.. ..................279, 282, 333, 366 HB 319, petroleum oil and gas commission, to create ..........635, 639, 713, 845, 862 HB 323, Pelham, extend city limits.............. ................... ..........355, 360, 385, 422 HB 326, Gainesville, provide for zoning and plann;ng laws ...353, 361, 385, 423, 424 HB 327, banking laws amended, salaries......................................................... ........779. 806, 848, 958 HB 328, Warren county, fix salary for commh:Olioner and clerk.......... ......356, 357, 359, 384, 423 HB 329, Jasper, amend charter..................................................................................................352. 359, 384, 423 HB 332, Berrien county, tax commissioner retain fi fas fees addition to salary............357, 359, 384, 424 HB 334, Douglas county, abolish office of treasurer ..........................................................357, 359, 384, 424 HB 335, Richmond county, increase school taxes................ ............ .......357, 360, 418, 456 HB 336, Richmond county, provide pensions for board of health employees................484, 490, 579, 614 HB 337, Richmond county, board of education established budget system.. ........481, 487, 579, 613 HB 338, Atlanta, method of electing building il"spector...........................................353, 360, 898, 958-960 HB 339, Fulton county, fix fees to be collected by coroner ...................................563, 574, 611, 691 HB 340, Fulton county, repeal civil service system for police ....................701, 710, 749, 800 HB 341, Fulton county civil servire svstem for probation offirer..................................563, 573, 611, 690 HB 342, condemnation and sale of vehicle used to transport lottery tickets..... ........564, 572, 913 'l:B 343, Atlanta authorized to incur bonded indebtedness for school purposes.... ..........562, 568, 752 dB 344, Fulton county, payment of pensions to widows of coullty employees............635, 638, 713, 755 HB 345, Fort Valley, defining duties of water and light commission............................353, 361, 385, 420 HB 346, Sumter county, candidates for General Assembly shall specify incumbent he dealres to oppose..................................................................................... .............477, 524, 578, 613 HB 349, Augu!Jta, members of police and fire dept. may accept other positions...................................................................................................................353, 354, 361, 418, 458 HB 351, Hancock county, 4 terms of superior court........................................... ...564, 571, 648, 689 HB 353, secretary of' state to keep book of commissions for officers, civil and military.............................................................................................................................562, 568, 715, 963 HB 355, state board of education authorized to receive federal funds for school houses................................................................................................. ........635, 639, 747, 967-968 HB 357, method of computing income tax for persons who die... ...............741, 746, 798, 957-958 1010 INDEX HB 358, Valdosta, retirement system for city employees....................................................354, 361, 386, 420 HB 360, peddlers of fresh water fish must obtain license in county where he sells............562, 568, 648 HB 366, state game and fish commission to employ and control all employeea............562, 568, 650, 913 HB 367, gasoline used on farm operations exempt from tax....................................................743, 796, 883 HB 370, persons who catch and sell fish, exempt from license..........................................779, 807, 878, 956 HB 371, income law amended, 6% on refunds........................................................................740, 746, 798, 969 HB 383, veerana of World War II may attend public schools....................................564, 572, 748, 968-969 HB 384, Atlanta, revenuea of the school dept......................................................354, 358, 385, 424, 425, 660 HB 385, department of natural resources, act amended............................................741, 746, 797, 962, 963 HB 396, county boards of registrars, not required to assist in registering voters....357, 358, 385, 457 HB 397, Warren county, provide pay f'or deputy clerk......................................................,.564, 573, 648, 691 HB 399, Hoganville, commission form of government..........................................................376, 381, 455, 500 HB 400, Lee county, 5 members of board of commiasioners..............................................356, 358, 455, 500 HB 402, corporation act amended, superior courts to grant charters..............636, 638-639, 712, 902, 972 HB 403, Polk county, member of board to be elected from their road districts............357, 358, 386, 422 HB 404, Miller county, abolish city courL................................................................................................357, 358 HB 405, Miller county, create office of tax commissioner......................................................................477, 524 HB 406, Miller county, abolish present board of commissioner and create new board........,...477, 524 HB 407, Muscogee county, increase fees to coroner jurors................................................562, 569, 651, 691 HB 408, Muscogee county, increase fees of coroner......................................................564, 574, 651, 691-692 HB 409, Cherokee county, fiscal authority to pay cost in misdemeanor cases..............562, 569, 650, 692 HB 410, Cherokee county, $10.00 deposit in divorce cases................................................562, 571, 672, 717 HB 411, Polk county, provide clerk of board of commissioners........................................357, 359, 384, 421 HB 414, Eastman, increase salary of city court judge................................................356, 361, 368, 385, 422 HB 415, Dodge county, appointment of probation officer............................................356, 361, 368, 385, 421 HB 420, Georgia citizens council, created................................................................741, 742, 744, 809, 919-920 HB 421, Macon, trust funds public works................................................................................377, 381, 455, 499 HB 422, Dodge county, establish a 5-man board of commissioners............................................481, 488, 721 HB 423, Bibb county, to levy license on occupation taxes..................................................377, 381, 455, 500 HB 424, Fulton county, amend budget acL..................................................................702, 707, 747, 748, 853 HB 431, Oconee judicial circuit, fix salary for court reporter........................................564, 571, 651, 689 HB 434, building and loan act, amended..................................................................................783, 788, 848, 965 HB 435, Gordon county, salary of tax commissioner............................................................481, 488, 579, 618 HB 438, Bleckley county, increase fee of sheriff........................................--........................564, 573, 650, 692 HB 439, quantity and weight of grits, flour marked on containers for aale..................784, 788, 848, 973 HB 441, Dodge county, abolish office of commissioner..........................................................................481, 488 HB 442, Dodge county, appointment of special deputy sheriff............................................564, 573, 650, 692 HB 443, Fulton county, board of education to call election on issuing school bonds....565, 573, 611, 690 HB 446, Chattooga county, abolish present board of commissioners and create new board....481, 487 HB 447, Macon, amend board of tax assesoors........................................................................379, 381, 455, 499 HB 448, Columbus, firemen to receive compensation for fighting fires outside of county..........................................................................................................376, 377, 381, 419, 456, 457 HB 449, Columbus, board of trustees public schools authorizEd to sell property........481, 486, 580, 614 HB 451, Lakeland, provide method of filling vacancies of mayor or aldermen......................481, 487, 718 HB 452, Brunswick, to ratify closing of two streets............................................................482, 487, 580, 614 HB 453, homestead exemption law, amended..........................................................................786, 804, 877, 962 HB 454, Augusta, minimum salaries for officers and men in fire dept.........................482, 487, 580, 614 HB 455, coroners, $10.00 for each death reported caused by motor vehicles........741, 744, 848, 898, 972 HB 456, Atlanta, extend city limits in DeKalb county........................................................480, 487, 580, 617 HB 457, Decatur, assessment of sanitary taxes......................................................................481, 487, 580, 616 HB 458 Marion county, salary of sheriff in addition to fees............................................703, 707, 748, 853 HB 459, Columbus, extend city limits........................................................486, 488, 554, 582-583, 584-588, 646 HB 460, state ports authority, to create............................................................................658, 663, 715-716, 861 HB 461, Macon, salary of mayor............................................ ..........................................636, 638, 712, 756 HB 463, Monroe, provide for freezer locker plants....... ......................................486, 488, 580, 614-615 HB 466, Carrollton, provide method of taxing property not returned....................479, 527, 579-580, 615 HB 467, Carroll county, commissioners to furnish car upkeep for sheriff....................479, 525, 578, 615 HB 469, Clinch county, salary for members of the board of commissioners................479, 525, 577, 616 HB 470, Clinch county, filling of vacancies in office of solicitor....................................636, 638, 713, 758 HB 471, condemnation of property for roads by condemnation for borrow pits............638, 876, 877, 967 HB 475 Calhoun county, fix mlary and expenses of commissioner............................478, 525, 577, 615-616 HB 476, Macon, provide for the sale of certain tract of land............................................478, 525, 581, 615 HB 480, Dodge county, salary of tax commissioner............................................................478, 525, 794, 851 HB 482, Clayton county, assistances and clerk for tax commissioner............................477, 525, 578, 618 HB 483, Spalding county, fix salaries of board of commissioners....................477, 525, 526, 578, 616, 617 HB 485, Cobb county, salary of the clerk of commissionere..............................................477, 526, 578, 617 HB 487, Lyons, repeal act which amended the act establishing city court....................477, 526, 578, 616 HB 488, Fulton county, regulations of fire prevention............ ..................................................662, 710 HB 490, Lyons, fix salary of judge and solicitor......... .................................................478, 526 HB 492, housing authority laws amended........................................................................781, 805, 848, 960-961 HB 494, Columbus, date changed for election of commission....................................559, 569, 651, 688-689 HB 496, Muscogee county, to assign identifying numbers to all buildings............703, 704, 710, 752, 852 HB 497, Ludowici, fix salary of judge and solicitor............................................................479, 526, 672, 717 HB 498, Ludowici, extend city limits ..................................................................559, 570, 650, 687 HB 499, Columbus, levy tax upon value of property to pay expenses....................560, 570, 650-651, 688 HB 500, Cherokee county, dates for holding 3 terms of' court....................................702, 709, 794, 850-851 INDEX 1011 HB 601, Columbus, provide for a superintendent of education..........................................480, 526, 581, 617 HB 602, Muscogee county, commissioner to adopt zoning ordinances............................702, 709, 752, 802 HB 603, Augusta, aalary of judge of the municipal court........................................480, 526, 527, 578, 618 HB 606, Augusta, provide salary of the solicitor general of circuit................................480, 627, 672, 718 HB 506, Richmond county, fix salary of county officers. .......................................480, 627, 678, 617-618 HB 508, Pulaski county, salary of sheriff........................................................................702, 710, 762, 801-802 HB 609, Johnson county, ordinary authorized to employ certified public accountant................................................................................................................566, 573, 649, 660, 688 HB 510, Willachoochee, fix date for election of mayor and alderman............................560, 669, 650, 687 HB 611, Banks county, increase pay of commissioner and clerk......................................560, 569, 649, 688 HB 612, Long county, provides 6 road districts, 5 commh.,ioners............- ....560, 668, 716, 743, 759-760 HB 514, board of regents, construct and operate hospital for indigent sick................780, 806, 847, 907 HB 615, electric street railroad companies, power not impaired....................................780, 805, 847, 968 HB 617, public eating places prohibited in unincorporated areas without authority from county authorities................................................. .....784, 787, 882, 961 HB 618, Calhoun county, $10.00 deposit in divorce cases ................................................702, 710, 762, 863 HB 521, Amoskeag, to incorporate....................... ......................................... .......661, 666 HB 523, tax collectors and commissionerfl to have bonds executed by licensed surety company.......................................................................................................................781, 806, 878 HB 624, method of calling an election where liquor is legalized.......................................................668, 664 HB 625, sale of beer or wine prohibited within 100 ft. of school buildings....658, 664, 748, 898, 971-972 HB 626, Columbus, additional salary to mayor................................................................560, 569, 650, 687-688 HB 627, Appling county, pay salary of judge of city court of Baxley..........................636-638, 713, 759 HB 629, Glynn county, abolish office of justice of peace ...............................703, 707-708, 757, 801 HB 630, Colquitt county, $10.00 deposit for divorce..............................................................703, 708, 750, 853 HB 548, College Park, extend city limits................................................................659, 666, 891, 901, 909-912 HB 531, Laurens county, officials to license coin machinea................................................703, 708, 749, 909 HB 532, Stockbridge, extend city limits....................................................................................560, 669, 660, 687 HB 533, Union City, amend charter providing hours for keeping polls open ................636, 638, 712, 767 HB 634, Haralson county, fix salary and expenses of commissioner........................658, 664, 748, 798, 899 HB 636, Richmond county, increase salary of special criminal bailiff............................704, 706, 760, 802 HB 637, Richmond county, fix salary for reporter, bailiff and stenographer........704, 706, 707, 750, 802 HB 538, Augusta, aalary of assistant solicitor of city court........................................704, 710, 794, 860-861 HB 540, Brooks county, peace officer to receive $100.00......................................................703, 708, 749, 800 HB 541, Brunswick port authority, created........................... . ..........................658, 659, 664, 712, 886 HB 642, Emanuel county, salary of tax commissioner........................................................659, 664, 749, 798 HB 643, Swainsboro, fix new schedule of fees for clerk and sheriff of city court........664, 794-795, 861 HB 545, Ringgold, extend city limits............................................. ...................................659, 665, 714, 758 HB 646, Wadley, extend city limits..................................... ................. ......559, 665, 722, 968 HB 647, Quitman county, abolish county court....................... .............................704, 707, 721, 751, 801 HB 649, Augusta, clerk in office of' solicitor of city court..............................................704, 707, 750, 802 HB 560, Augusta, judge to appoint aheriff and clerk of municipal court........ ..659, 665, 715, 756-757 HB 661, livestock and swine, method of disposing of.......... ..............780, 807, 847, 964 HB 563, Bibb county, create retirement fund for county employees.. ...........704, 705, 877, 915-917 HB 664, Macon, elections held from 7 a. m. to 7 p. m. ........659, 665, 713, 7!i!! HB 556, Muscogee county, construct and extend public sewers........ . .................636, 637, 712, 757-758 HB 667, Grady county, bond of sheriff paid from county funds......................................636, 637, 712, 769 HB 658, Springfield, increase salary of judge of city court.................. ........660, 665, 750, 799 HB 659, Catoosa county, clerk to attend tl"ials in court of ordinary........................704, 707, 750, 853-864 HB 660, Rockdale county, provide for two advisors to commiE~>ioner....................703, 708, 749, 799, 800 HB 661, remission of funds to which officer receives a salary may become entitled by virtue of siezure of vehicle.................................................. ..................782, 807, 878, 912-913 HB 662, Muscogee county, provide pension fund f''Or employees.... .........................673, 712, 768 HB 663, Wilcox county, require $10.00 deposit in divorce petition.. ........704, 707, 750, 798, 799 HB 664, Waycross, to raise tax limit for school purposes. .............703, 706, 748, 761, 799 HB 669, Jenkins county, aalary of tax commissioner............................ .......................662, 705, 750, 801 HB 670, Putman county, fix salary of deputy clerk of county court ...660, 665, 714, 803 HB 671, Thomasville, authorized to open or close streets.. ............705, 709, 796, 862 HB 572, Thomasville, to raise taxes for school purposes....... .............660, 666, 714, 766 HB 673, Thomasville, provides zoning ordinances.... ...........................................660, 667, 714, 759 HB 574, Thomasville, term of offioe of board of education........................................660, 661, 666, 714, 767 HB 579, Fulton county, stenographer required to be present before grand jury........705, 709, 794, 862 HB 680, county aehool superintendents classified....................................................................................782, 806 HB 681, Americus, extend city limits........................................................................................661, 666, 714, 757 HB 586, Atlanta, Decatur, Fulton and DeKalb may acquire joint ownership in trade schools................................................ .......................... ............................706, 709, 761, 799 HB 587, Middle judicial circuit, salary for court reporter.......................705, 708-709, 793, 794, 851, 852 HB 688, University system of Georgia, teachers not disqualified for retirement system.......................................................................................................................781, 782, 806, 847, 908 HB 593, Monroe county, tax commissioners, salary of.......................................................661, 666, 796, 908 HB 594, Brunswick, eloae certain streets........................................ ...........662, 708, 809, 845, 860 HB 697, Louisville, amend city court........................................................................................662, 706, 750, 800 HB 698, Calhoun county, salary of sheriff in addition to fees ............................................705, 709, 752, 864 HB 602, Candler county, salary of sheriff in addition to fees....................................701, 710, 752-753, 803 HB 603, Augusta, stenographer appointed to city court......................................................780. 805, 876, 909 1012 INDEX HB 605, Baker county, fix b011d of sheri1L................................................................................742, 745, 867-868 HB 606, Baker county, fix bonds of deputy sheriffs........................................................................742, 746, 868 HB 607, Columbus, to close certain streets and sell ,..id land............................................742, 745, 809 851 HB 608, Hapeville, create civil service system........................................................................742, 745, 809; 852 HB 609, Jasper county, salary of sheriff..................................................................................784, 788, 877, 908 HB 610, Hancock county, sheriff to receive salarY---------------------------------------------------742, 747, 868 917-918 HB 611, Toomsboro, tax levy of 10 mills................................................................................784, 788, '876, 917 HB 612, Richmond county, board of commissioners to levy occupational taxes............786-788, 847, 909 HOUSE RESOLUTIONS HR 2, notify Governor General Afl!embly convened....................................................................................-8-9 HR 5, Governor Arnall to address joint session......................................................................................10, 31 HR 6, reserve fund, Governor authorized to transfer..............................................70-71, 99, 103, 115-116 HR 7, Macon county, state to reconvey land back to......................................................123, 127, 176, 209 HR 8, Roach, A. S., payment of judgment against the state board of barber and hairdresser_ examiners----------------:--------------------------------------------.............478, 527, 723, 753, 936, 937 HR 10, superwr court JUdges, expenses pald........................................................145, 149 291, 315-316, 378 H.R 11, proposed new constitution of Georgia- ' 320, 323, 362, 394-409, 425-434, 435-445, 469-474, 500, 521, 533, 554, 588-603, 604, 652 717, 719, 723-731 . HR 13, Atlanta chamber of commerce, thanked for delightful evening.....................................:..............70 HR 14, Cogdell, Hon. Alton, condolence to familY------------------------------------------------------------------------------------70-71 HR 15, members of the military, drive without license while on furlough..................124, 127, 176, 209 HR 16, Governor Arnall, attorney general, commended on freight rate case....................................70-71 HR 20, Wightman E. Melton, admiration expressed to family............................................................83, 86 HR 23, workmen's compensation claims paid state employees........................................181, 192, 240, 334 HR 24, Glynn county, sale of land to Sea Island company..............................................356, 361, 455, 760 HR 26, message !'rom Governor, joint session to hear........................................................................l22, 126 HR 27, Camp Stewart land site, former owners permitted to repurchase..................141, 149, 176, 924 HR 28, state porta and docks committee established............................................................................265, 269 HR 29, tax on edible crab meat, confirmed....................................................................560, 571, 649, 941-942 HR 30, two former members of prison board eligible for state employment............................--..........................................................................565, 572, 611, 612, 800-801 HR 31, milk control board, committee to be renamed....................................354, 362, 612, 891, 892, 901 HR 33, state leases additional lands to Presbyterian church of Milledgeville....662, 711, 795, 862, 953 HR 34, Governor, members of the agricultural and industrial development board, commended ----------------------------------------------------------------------------------------------------------------------------------------185, 924 HR 38, family of Hon. Gordon Bowers, extended sympathY--------------------------------------------------------------181, 613 HR 42, joint session for unveiling the plaque of Hoke Smith............................................................206, 207 HR 44, Lanier, Sidney, nominated to hall of fame of New York university..............416, 451, 498, 612 HR 46, "The Jarrett Spring Lot," title vested to........................................................................560, 571, 715 HR 52, Fulton county, commisaioners authorized to levy license tax on businesses in unincorporated areas........................................................--....................637, 641, 753, 898, 929, 930 HR 56, Govern_or authorized to trade for land adjoining state park in Dade countY-------------------------------------------------------------------------------------------------------------------------------661, 666, 714, 761 HR 68, Cogdell, Alton memorial association commission created....................................566, 672, 715, 867 HR 59, state administration authorized to cooperate with council ot state governments......................................................................................................................565, 573, 753, 935 HR 61, Congress requested to equalize payments by TVA ........................................................320, 923-924 HR 62, legislature of Tenn. memorialized for uniform motor vehicles............................................320, 613 HR 63, Atkinson, Lt. David S., Jr., death lamented............................................................................320, 613 HR 65, Swanoon, B. R., to receive balance on salary..................................................661, 667, 753, 935-936 HR 68, Governor, department heads, urged to bring about return of all Camp Stewart propertY---------------------------------------------------------------------------------------------------------662, 756, 711, 830 HR 72, Montgomery county, state librarian to furnish volumes..........................662, 663, 711, 755, 926 HR 73, Camden county, Governor requested to convey land............................................782, 787, 883, 928 HR 77, Governor Arnall, joint session for message..............................................................................414, 434 HR 79, Dawson, Hon. Howard A., invited to address joint session..................................................414, 445 HR 82, Fulton county, board of education authorized to incur new debts............701, 711, 850, 939-941 HR 83, Fulton county, provide for levy of a tax for education................................663, 711, 850, 933-934 HR 86, Alexander, William Anderson, commended for his services......................................486, 491, 924 HR 86, Jewish fellow citizens commended............-------------------------------------------------------------------------486, 491, 924 HR 87, CongreSB memorialized to enact SB 181............................................................................486, 491, 867 HR 93, Governor requested to reconvey certain property to Albany....................783, 787, 883 ,925, 926 HR 94, tax on motor fuel suspended....----------------------------------------------------------------------------------778, 808, 850, 942 HR 96, Butts county, state librarian to furnish volumes of court reports................701, 711, 795, 927 HR 100, Governor, director of state parks, requested to investigate the possibility of parks on the coa9t......................................................................................................................637, 774 HR 105, Colquitt county, property reconveyed by the state....................................786, 804, 805, 849, 926 HR 106, Colquitt county, state to reconvey certain property to Georgia Northern railway companY--------------------------------------------------------------------------------------------------------------786, 805, 849, 923 HR 107, rigid enforcement of grammar school lessened................................................780, 807-808, 849, 926 INDEX 1013 HR 108, Stl"ickland, Paul Ill., paid tor injuries......................................................................778, 808, 849, 925 HR 111, A'Capella choir, sing for General Assembly....................................................................667, 672, 674 HR 112, Chatham county, levy tsxes for school purposes............................................779, 808, 849, 930-933 HR 113, health program expanded.....................-------784, 786, 849, 927 HR 114, Governor directed to contract for rates for publication of the proposed new constitutlon................................................................................................784, 786-787, 850, 927-928 HR 116, West, F. B., relieved on surety bond........................................................................782, 808, 850, 928 HR 117, public mrvice commission, to negotiate with army engineers...............-- ........779, 787, 849, 927 HR 119, Davis, John J., to file claim........................................................................................781, 808, 878, 928 HR 120, Irwin county, levy tax for school purposes....................................................779, 808, 850, 937-939 HR 121, Georgia delegates in Congress requested to support a bill by Senator George..........................................................................................................783, 787, 883, 928-929 HR 124, joint session to see motion picture on scientific farmlng....................................................830, 831 HR 125, joint session repealed, motion picture on scientific farmlng......................................778, 783, 831 HR 126, lllcCaran-Sumners bill, early enactment....................................................................................782, 924 HR 127, Richmond delegation thanked for dinner....................................................................................780, 924 HR 129, Goverenor requested to suspend operation of naval stores inspection fees............................782 HR 137, Slaton, Hon. John Ill., General Assembly expresses sympathy to....................................897, 924